Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS)

Sections:

21.26.010    Purposes of Special Purpose Coastal Zoning Districts.

21.26.020    OS, PF, PI, PR, and TS Coastal Zoning Districts Land Uses.

21.26.030    OS, PF, PI, PR, and TS Coastal Zoning Districts General Development Standards.

21.26.045    Planned Community Coastal Zoning District Land Uses.

21.26.055    Planned Community Coastal Zoning District Development Standards.

21.26.065    Planned Communities without Development Plans.

21.26.010 Purposes of Special Purpose Coastal Zoning Districts.

The purposes of the individual special purpose coastal zoning districts and the manner in which they are applied are as follows:

A.    OS (Open Space) Coastal Zoning District. The OS Coastal Zoning District is intended to:

1.    Provide areas for a range of public and private uses to protect, maintain, and enhance the community’s natural resources; and

2.    Maintain and protect landscaped open space areas located within residential and nonresidential developments, where no further development is allowed.

B.    PC (Planned Community) Coastal Zoning District. The PC Coastal Zoning District is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while maintaining the spirit and intent of this Implementation Plan; and to include a variety of land uses, consistent with the Coastal Land Use Plan, through the adoption of a development plan and related text that provides land use relationships and associated development standards.

C.    PF (Public Facilities) Coastal Zoning District. The PF Coastal Zoning District is intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public utilities, and public schools.

D.    PI (Private Institutions) Coastal Zoning District. The PI Coastal Zoning District is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities.

E.    PR (Parks and Recreation) Coastal Zoning District. The PR Coastal Zoning District is intended to provide for areas appropriate for land used or proposed for active public or private recreational use. Allowed uses include aquatic facilities, golf courses, marina support facilities, parks (both active and passive), private recreational facilities, tennis clubs and courts, and similar recreational facilities.

F.    TS (Tidelands and Submerged Lands) Coastal Zoning District. The TS Coastal Zoning District is intended to protect, maintain, and enhance the natural resources of the tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately adjacent to the City. This district is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.26.020 OS, PF, PI, PR, and TS Coastal Zoning Districts Land Uses.

A.    Allowed Land Uses. Table 21.26-1 indicates the uses allowed in the OS, PF, PI, and PR Coastal Zoning Districts. Allowed uses in the TS Coastal Zoning District are subject to the Common Law Public Trust, which limits uses to navigation, fishing, commerce, public access, water-oriented recreation, open space and environmental protection. See Section 21.48.085 (Public Trust Lands).

B.    Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific coastal zoning district.

C.    Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.

 

TABLE 21.26-1

ALLOWED USES 

Special Purpose Coastal Zoning Districts

A

Allowed

Not Allowed *

Land Use

OS (3)

PF

PI

PR (4)

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Recreation, Education, and Public Assembly Uses

Assembly/Meeting Facilities

A

A

A

 

Commercial Recreation and Entertainment

A

A

 

Cultural Institutions

A

A

A

 

Parks and Recreational Facilities

Active

A

A

A

 

Passive

A

A

A

A

 

Marine and Wildlife Preserves

A

Sections 21.30B.030(F) and 21.30B.040(E)(2)

Schools, Public and Private

A

A

 

Care Uses

Congregate Care Home

A

 

Convalescent Facilities

A

 

Day Care, General

A

A

 

Emergency Health Facility/Urgent Care

A

 

Hospital

A

 

Residential Care, Accessory Use Only

A

A

 

Retail Trade Uses

Alcohol Sales (on-sale), Accessory Only

A

A

 

Service Uses—General

Eating and Drinking Establishments

Accessory (open to public)

A

A

 

Emergency Shelters

A

 

Governmental Facilities

A

A

 

Marine Services—Boat Storage and Boat Yard, Accessory Only

A

A

A

 

Transportation, Communications, and Infrastructure

Parking Facilities, Accessory Only

A

A

A

 

Heliports and Helistops (1)

A

 

Marinas

Chapter 21.30C

Marina Support Facilities

A

A

A

 

Utilities, Major

A (2)

A

A

A

 

Utilities, Minor

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

Chapter 21.49

Other Uses

Accessory Structures and Uses

A

A

A

A

 

Special Events

A

A

A

A

 

Temporary Uses

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics.

(2)    Limited to electrical substations, above ground electrical transmission lines, lone switching structures, water reservoirs, flood control or drainage facilities, transportation or communications utilities, and similar facilities of public agencies or public utilities.

(3)    Uses within areas designated as an environmentally sensitive habitat (ESHA) shall be limited to only those uses that are dependent on such resources (see Section 21.30B.030(F)).

(4)    Development on public sandy beach areas shall be limited to those structures directly supportive of visitor-serving and recreational uses, such as lifeguard towers, recreational equipment, restrooms, and showers.

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.26.030 OS, PF, PI, PR, and TS Coastal Zoning Districts General Development Standards.

A.    PI Coastal Zoning District. New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 21.26-2, in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards).

B.    Other Special Purpose Coastal Zoning Districts. Except for the PI and PC Coastal Zoning District, the development standards for all other special purpose coastal zoning districts shall be established during review of the required coastal development permit.

 

TABLE 21.26-2

DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL ZONING DISTRICT 

Development Feature

PI

Additional Requirements

Lot Area

N/A

Setbacks

Minimum setbacks shall be established by the applicable coastal development permit. See Section 21.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions.

Floor Area Ratio

As specified on the Coastal Zoning Map.

Height

See Section 21.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase in height limit.

Within Shoreline Height Limit Zone

26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch.

Not within Shoreline Height Limit Zone

32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch.

Fencing

See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls).

Landscaping

See Sections 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping).

Lighting

See Section 21.30.070 (Outdoor Lighting).

Parking

See Chapter 21.40 (Off-Street Parking).

Signs

See Section 21.30.065 (Signs).

Notes:

(1)    All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions).

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.26.045 Planned Community Coastal Zoning District Land Uses.

A.    Allowed Land Uses. Tables 21.26-3 through 21.26-9 indicate the uses allowed in the Planned Community Coastal Zoning Districts. Additionally, accessory dwelling units and junior accessory dwelling units may be allowed pursuant to Section 21.48.200.

B.    Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific coastal zoning district.

C.    Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.

 

TABLE 21.26-3

ALLOWED USES 

Newport Harbor Lutheran Church (PC-2), North Ford (PC-5), Back Bay Landing (PC-9) (1), Versailles on the Bluff (PC-10), Sea Island (PC-21)

A

Allowed

Not Allowed *

Land Use

PC-2

PC-5

PC-10

PC-21

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

4

4A

5

Recreation, Education, and Public Assembly Uses

Assembly/Meeting Facilities

A

 

Marine and Wildlife Preserves

A

Sections 21.30B.030(F) and 21.30B.040(E)(2)

Parks and Recreational Facilities

Active

 

Passive

A

 

Schools, Public and Private

A (2)

 

Residential Uses

Single-Unit Dwellings—Attached

A

A

A

A

 

Single-Unit Dwellings—Detached

A

A

 

Two-Unit Dwellings

A

A

A

A

 

Multi-Unit Dwellings

A

A

A

A

 

Home Occupations

A

A

A

A

 

Visitor Accommodations, Residential

Short-Term Lodging

A

A

A

 

Transportation, Communications, and Infrastructure Uses

Utilities, Major

A

A

A

A

A

 

Utilities, Minor

A

A

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

A

A

Chapter 21.49

Other Uses

Accessory Structures and Uses

A

A

A

A

A

A

 

Personal Property Sales

A

A

A

A

 

Special Events

A

A

A

A

A

A

 

Temporary Uses

A

A

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Back Bay Landing Planned Community Development Plan (PC-9) is incorporated as an attachment to this chapter.

(2)    Subject to approval of the Planning Director after a determination that the parking provided is adequate to serve demand and that the uses will not adversely impact other land uses in the area.

 

TABLE 21.26-4

ALLOWED USES 

Westcliff Grove (PC-22), Corona del Mar Homes (PC-29), Villa Point Apartments (PC-30)

A

Allowed

Not Allowed *

Land Use

PC-22

PC-29

PC-30

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Assembly/Meeting Facilities

 

Marine and Wildlife Preserves

Sections 21.30B.030(F) and 21.30B.040(E)(2)

Active

A

 

Passive

A

 

Schools, Public and Private

 

Single-Unit Dwellings—Attached

A

A

 

Single-Unit Dwellings—Detached

A

A

 

Two-Unit Dwellings

A

A

 

Multi-Unit Dwellings

A

 

Home Occupations

A

A

A

 

Visitor Accommodations, Residential

Short-Term Lodging

A

 

Utilities, Major

A

A

 

Utilities, Minor

A

A

 

Wireless Telecommunication Facilities

A

A

Chapter 21.49

Accessory Structures and Uses

A

A

 

Personal Property Sales

A

A

 

Special Events

A

A

A

 

Temporary Uses

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

 

TABLE 21.26-5

ALLOWED USES 

Bayview (PC-32), Castaways Marina (PC-37), and Bayview Landing (PC-39)

A

Allowed

Not Allowed *

Land Use

PC-32

PC-37 (1)

PC-39

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Area 2

Area 4

Area 6

Area 1

Area 2

Industry, Manufacturing and Processing, Warehousing Uses

Personal Storage (mini-storage)

A

 

Recreation, Education, and Public Assembly Uses

Commercial Recreation and Entertainment

A

 

Marine and Wildlife Preserves

A

A

A

Sections 21.30B.030(F) and 21.30B.040(E)(2)

Parks and Recreational Facilities

Active

A

A

 

Passive

A

A

A

 

Residential Uses

Single-Unit Dwellings—Attached

A

 

Single-Unit Dwellings—Detached

A

 

Multi-Unit Dwellings

A

 

Home Occupations

A

A

 

Visitor Accommodations, Residential

Short-Term Lodging

A

A

 

Care Uses

Congregate Care Home

A

 

Convalescent Facilities

A

 

Service Uses—General

Eating and Drinking Establishments

A

 

Health/Fitness Facilities

A

A

 

Hotels and Motels

A

Section 21.48.025

Transportation, Communications, and Infrastructure Uses

Heliports and Helistops (1)

A

 

Marinas

A

Chapter 21.30C

Marina Support Facilities

A

 

Utilities, Major

A

A

A

A

A

A

 

Utilities, Minor

A

A

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

A

A

Chapter 21.49

Vehicle Rental, Sale, and Service Uses

Automobile Washing/Detailing, full service

A

 

Other Uses

Accessory Structures and Uses

A

A

A

A

A

A

 

Personal Property Sales

A

A

 

Special Events

A

A

A

A

A

A

 

Temporary Uses

A

A

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Priority shall be given to visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over other commercial uses, except for agriculture and coastal-dependent industry and to coastal-dependent uses over other uses on or near the shoreline. When appropriate, coastal-related developments shall be accommodated within reasonable proximity to the coastal-dependent uses they support.

 

TABLE 21.26-6

ALLOWED USES 

Hoag Hospital Lower Campus (PC-38), Corporate Plaza West (PC-40) and Newporter North (PC-41)

A

Allowed

Not Allowed *

Land Use

PC-38

PC-40

PC-41

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Area 1

Area 2

Area 3

Recreation, Education, and Public Assembly Uses

Assembly/Meeting Facilities

A

 

Commercial Recreation and Entertainment

A

 

Cultural Institutions

A

A

 

Marine and Wildlife Preserves

A

Chapter 21.30B

Parks and Recreational Facilities

Passive

A (3)

 

Care Uses

Congregate Care Home

A

 

Convalescent Facilities

A

 

Hospital

A

 

Residential Care Facilities

A

 

Residential Uses

Single-Unit Dwellings—Attached

A

 

Single-Unit Dwellings—Detached

A

 

Two-Unit Dwellings

A

 

Multi-Unit Dwellings

A

 

Accessory Dwelling Units

A

 

Home Occupations

A

 

Retail Trade Uses

Retail Sales

A (1)

 

Service Uses—Business, Financial, Medical, and Professional

ATM

A

 

Emergency Health Facility/Urgent Care

 

Financial Institutions and Related Services

A

 

Offices—Business

A

 

Offices—Corporate

A

 

Service Uses—General

Eating and Drinking Establishments

A

 

Nail Salons

A (1)

 

Personal Services, General

A (1)

 

Postal Services

A (1)

 

Printing and Duplicating Services

A (1)

 

Transportation, Communications, and Infrastructure Uses

Parking Facilities

A

A

 

Utilities, Major

A

A

A

 

Utilities, Minor

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

Chapter 21.49

Other Uses

Accessory Structures and Uses

A

A

A

 

Drive-Through Facilities

A (2)

 

Personal Property Sales

A

 

Special Events

A

A

A

A

A

 

Temporary Uses

A

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Limited retail sales and services of a convenience nature.

(2)    Limited to restaurants and drive-up teller units.

(3)    The Newport North View Park is intended to be passive in nature, characterized by low intensity usage such as hiking, bicycling and informal recreation.

 

TABLE 21.26-7

ALLOWED USES 

San Diego Creek North (PC-42)

A

Allowed

Not Allowed *

Land Use

PC-42

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Area 1

Area 2

Area 3

Area 4

Recreation, Education, and Public Assembly Uses

Marine and Wildlife Preserves

A

A

A

A

 

Parks and Recreational Facilities

Active

A

A

 

Passive

A

A

A

 

Transportation, Communications, and Infrastructure Uses

Utilities, Major

A

A

A

 

Utilities, Minor

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

Chapter 21.49

Vehicle Rental, Sale, and Service Uses

Vehicle/Equipment Rentals

A

 

Other Uses

Accessory Structures and Uses

A

A

A

A

 

Special Events

A

A

A

A

 

Temporary Uses

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

 

TABLE 21.26-8

ALLOWED USES 

Upper Castaways (PC-43) and Balboa Bay Club (PC-45)

A

Allowed

Not Allowed *

Land Use

PC-43

PC-45

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Area 1

Area 2

Area 3

Area 4

Area 1

Area 2

Recreation, Education, and Public Assembly Uses

Marine and Wildlife Preserves

A

Sections 21.30B.030(F) and 21.30B.040(E)(2)

Parks and Recreational Facilities

Active

A

 

Passive

A

 

Residential Uses

Single-Unit Dwellings—Attached

A

A

 

Single-Unit Dwellings—Detached

A

A

 

Two-Unit Dwellings

A

A

 

Multi-Unit Dwellings

A

A

 

Accessory Dwelling Units

A

A

 

Home Occupations

A

A

 

Retail Trade Uses

Retail Sales

A (2)

 

Service Uses—General

 

Health/Fitness Facilities

A

 

Visitor Accommodations

Hotels and Motels

A

Section 21.48.025

Transportation, Communications, and Infrastructure Uses

Marinas

A

A

Chapter 21.30C

Marina Support Facilities

A

A

 

Parking Facilities

A

A

 

Utilities, Major

A

A

A

A

 

Utilities, Minor

A

A

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

A

A

Chapter 21.49

Vehicle Rental, Sale, and Service Uses

Vehicle/Equipment Services

Automobile Washing/Detailing, full service

A (1)

A (1)

 

Other Uses

Accessory Structures and Uses

A

A

A

A

A

A

 

Personal Property Sales

A

A

 

Special Events

A

A

A

A

A

A

 

Temporary Uses

A

A

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Accessory use only.

(2)    Priority shall be given to visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over other commercial uses, except for agriculture and coastal-dependent industry and to coastal-dependent uses over other uses on or near the shoreline. When appropriate, coastal-related developments shall be accommodated within reasonable proximity to the coastal-dependent uses they support.

 

TABLE 21.26-9

ALLOWED USES 

Newport Beach Country Club (PC-47), Santa Barbara Residential (PC-54), and Bayside Residential (PC-55)

A

Allowed

Not Allowed *

Land Use

PC-47

PC-54

PC-55

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Golf Course

Golf Clubhouse

Tennis Club

Bungalows & Villas

Recreation, Education, and Public Assembly Uses

Assembly/Meeting Facilities

A (1)

A (2)

 

Commercial Recreation and Entertainment

Golf Course

A

 

Tennis Courts

A

 

Residential Uses

Single-Unit Dwellings—Detached

A

A

 

Multi-Unit Dwellings

A

 

Home Occupations

A

A

 

Visitor Accommodations, Residential

Short-Term Lodging

A

 

Retail Trade Uses

Retail Sales

A (1)

A (2)

 

Transportation, Communications, and Infrastructure Uses

Utilities, Minor

A

A

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

A

A

Chapter 21.49

Vehicle Rental, Sale, and Service Uses

Vehicle/Equipment Services

Automobile Washing/Detailing, full service

A (1)

 

Other Uses

Accessory Structures and Uses

A

A

A

A

A

A

 

Personal Property Sales

A

A

 

Special Events

A

A

A

A

A

A

 

Temporary Uses

A

A

A

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Ancillary to golf clubhouse only.

(2)    Ancillary to the tennis club only.

(Ord. 2022-6 § 4, 2022; Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.26.055 Planned Community Coastal Zoning District Development Standards.

A.    Relationship to Other Property Development Regulations. Property development regulations applicable to residential, commercial, industrial, and mixed-use districts shall also apply to corresponding portions of PC Districts, unless specifically waived or modified by subsections (B) through (P) of this section. Where conflict in provisions occurs, the regulations specified in this chapter or in the development plan(s) approved in compliance with this chapter shall apply. If a PC District is located within the Shoreline Height Limit Area, per Map H-1, the thirty-five (35) foot height limit shall prevail over any other higher height limit identified in a PC District.

B.    Newport Harbor Lutheran Church (PC-2).

1.    Density/Intensity Limit: forty thousand (40,000) square feet.

2.    Setbacks.

a.     Front (Dover Drive).

i.    Ten (10) feet from new property line occurring between City parking lot and the church parking lot.

ii.    Surface parking setback shall be a minimum of five feet.

iii.    Fences and walls shall not exceed six feet in height within the front yard setback and shall comply with the requirements of subsection (A)(4) of this section.

b.    Side: twenty (20) feet from existing property line along Castaway Lane. Landscaping, planters, walls, fencing, trellises, pergolas, parking spaces and driveways shall be allowed within the setback area subject to a ten (10) foot height limit. Nonhabitable architectural features (e.g., trellis, awning, bay window) may encroach up to five feet into the required side yard setback.

c.    Rear (Newport Harbor Lutheran Church Development): Building setback from the rear property line shall be a minimum of ten (10) feet from the new property line. No solid fencing or walls greater than three feet in height shall be permitted within the rear yard setback. Transparent windscreens may extend up to eight feet above grade.

3.    Height. Building height limit shall be limited to the height of the existing sanctuary. Building tower and crosses shall be permitted to exceed the building height limitation but shall be limited to a maximum height of sixty-five (65) feet.

4.    Parking. Uses shall not generate parking needs beyond the one hundred sixty-three (163) spaces provided.

C.    North Ford Planned Community (PC-5).

1.    Density/Intensity Limit.

a.    Area 4: three hundred (300) dwelling units.

b.    Area 5: eight hundred eighty-eight (888) dwelling units.

2.    Setbacks. The following minimum setbacks shall apply to all structures (not to include garden walls or fences) adjacent to streets:

a.    Area 4.

i.    Setbacks from Streets. Said setbacks shall be measured from property line to the ultimate right-of-way line.

(A)    Jamboree Road/freeway ramp: twenty-five (25) feet.

(B)    University Drive South: twenty (20) feet.

(C)    Private streets and drives: five feet.

(D)    Collector streets: fifteen (15) feet.

No structures or open parking shall be permitted in setback areas from Jamboree Road, and University Drive South, or in areas that would block sight distance at major street corners and along major street curves, unless otherwise approved by the City Traffic Engineer.

ii.    Setbacks—Garages. Garages with direct access to streets or drives may be set back either from five to seven feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk.

iii.    Setbacks from Other Property Lines and Structures.

(A)    A minimum setback of five feet is required from all other property lines.

(B)    All main residential structures on the same lot shall be a minimum of eight feet apart. This shall be measured from face of finished wall.

iv.    Setback Exceptions. Architectural features, such as but not limited to cornices, eaves, and wing walls, may extend two and one-half feet into any front, side or rear setback.

b.    Area 5.

i.    Setbacks from Streets. Said setbacks shall be measured from property.

(A)    Jamboree Road/freeway ramp: thirty (30) feet.

(B)    University Drive South: twenty (20) feet.

(C)    Camelback Street: twenty (20) feet.

(D)    Private streets and drives: zero feet.

(E)    Collector streets: fifteen (15) feet.

No structures or open parking shall be permitted in setback areas from Jamboree Road and Camelback Street.

ii.    Setbacks—Garages. Garages with direct access to streets or drives may be set back either from five to seven feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk.

iii.    Setbacks from Other Property Lines and Structures.

(A)    A minimum setback of five feet is required from all other property lines.

(B)    All main residential structures on the same lot shall be a minimum of eight feet apart. This shall be measured from face of finished wall.

iv.    Setback Exceptions. Architectural features, such as but not limited to cornices, eaves, and wing walls, may extend two and one-half feet into any front, side or rear setback.

3.    Lot Coverage. The maximum building site area permitted in this PC District shall be full coverage, less required front, side and rear setbacks.

4.    Height.

a.    Area 4.

i.    The maximum height of all buildings shall be thirty-five (35) feet.

ii.    One architectural tower shall be permitted with a maximum allowable footprint of twenty-five (25) feet by twenty-five (25) feet, a maximum allowable height of fifty-five (55) feet, and shall maintain the following minimum setbacks from the ultimate right-of-way line of surrounding streets:

(A)    Jamboree Road: one hundred (100) feet.

(B)    University Drive South: one hundred (100) feet.

b.    Area 5. The base height limit for structures with flat roofs is thirty-two (32) feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet. The height of a structure may be increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a coastal development permit.

5.    Fencing. Fences shall be limited to maximum height of eight feet, except within street setback areas where fences, hedges and walls shall be limited to three feet. Wing walls, where an extension of a residential or accessory structure is to be constructed, may be eight feet in height.

6.    Project Edges. Project edges adjacent to University Drive South and Jamboree Road shall be enhanced with landscaped berms and undulating walls. Varying building setbacks are also encouraged to create soft project edges. In order to reduce the perception of building mass along perimeter roadways and San Diego Creek, three-story building elements shall be set back a minimum of five feet and average fifteen (15) feet in addition to the required setback. Where three-story buildings do occur, one- and two-story elements should be incorporated into the building composition in order to reduce bulk and mass.

7.    Parking.

a.    Area 4. A minimum of 1.87 parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of one-half space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum twenty (20) feet in depth), in a manner acceptable to the City Traffic Engineer.

b.    Area 5. A minimum of two parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of one-half space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum twenty (20) feet in depth), in a manner acceptable to the City Traffic Engineer.

8.    Floor Area Limit.

a.    Area 5. The total gross floor area, including basements, garages and carports, but excluding decks, balconies or patios open on at least two sides or open on one side and unroofed, contained in all buildings on a building site in this district shall not exceed one and one-half the buildable area of the site, provided that any required parking space, whether open or covered, shall be included in the calculation of gross floor area. The term “buildable area” shall mean the area of a building site, excluding any basic minimum side, front and rear yard spaces.

D.    Back Bay Landing (PC-9). Back Bay Landing Planned Community Development Plan (PC-9) is incorporated as an attachment to this chapter.

E.    Versailles on the Bluffs at Newport (PC-10).

1.    Density/Intensity Limit: one thousand twenty-eight (1,028) dwelling units.

2.    Setbacks. A building setback line of twenty (20) feet shall be maintained from the exterior boundary lines of the district as follows:

a.    On the northerly boundary of the district: eighty (80) feet (twenty (20) feet from the southerly right-of-way line for Hospital Road extended).

b.    On the westerly boundary of the district (Superior Avenue center line): seventy (70) feet (twenty (20) feet from ultimate right-of-way line of Superior Avenue).

c.    On the southerly boundary of the district: twenty (20) feet.

d.    On the easterly boundary of the district: twenty (20) feet.

3.    Height. The maximum height for all buildings shall be limited to three floors of habitable space over one or more basement parking levels.

F.    Sea Island Planned Community (PC-21).

1.    Density/intensity limit: two hundred twenty-six (226) dwelling units.

2.    Setbacks.

a.    Setbacks from Public Streets. A minimum setback of twenty (20) feet shall apply to all structures adjacent to public streets; except that tennis courts, balconies and patios may encroach six feet into the required setback. Setbacks shall be measured from the ultimate right-of-way line.

b.    Setbacks from Property Lines and Other Structures.

i.    The minimum setback excluding fences and walls shall be five feet from all property lines.

ii.    All main residential structures shall be a minimum of eight feet apart measured from face of finished wall to face of finished wall.

iii.    Garages, carports, and other uninhabited structures shall be separated from main residential structures a minimum of eight feet measured from face of finished wall to face of finished wall.

iv.    Garages, carports, and other uninhabited structures may be attached or separated from one another in accordance with the provisions of the Newport Beach Building Code and Fire Marshal requirements.

v.    Direct access garages shall be set back not more than five feet or less than twenty (20) feet.

c.    Setback Exceptions. Architectural features, limited to cornices or eaves, may extend two and one-half feet into any front, side or rear setback.

3.    Lot Coverage. The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this chapter, site coverage shall include all areas under roof but shall not include trellis areas.

4.    Height: thirty-two (32) feet for flat roofs and fifty (50) feet for sloped roofs.

5.    Fencing. Fences and walls shall not exceed six feet and such fences and walls are permitted within the required setbacks.

6.    Parking. A minimum of two parking spaces per unit shall be required of which a minimum of one parking space per unit shall be covered. The parking spaces required for any unit and/or any cluster of units shall be located in the immediate vicinity of said units, i.e., within convenient walking distance. Where a fractional figure remains in computations made to determine the number of required off-street parking spaces, said fraction shall be rounded upward to the nearest whole number.

G.    Westcliff Grove Planned Community (PC-22).

1.    Lot area: five thousand (5,000) square feet minimum.

2.    Density/intensity limit: twenty-nine (29) dwelling units.

3.    Setbacks.

a.    Front: twenty (20) feet.

b.    Side: five feet.

c.    Rear: ten (10) feet.

d.    Setback Exceptions. Architectural features, limited to cornices or eaves, may extend two and one-half feet into any front, side or rear setback.

4.    Lot coverage: sixty (60) percent maximum.

5.    Height: twenty-four (24) feet for flat roofs and twenty-eight (28) feet for sloped roofs.

6.    Fencing. Fences shall be limited to a maximum height of seven feet, except within the front setback where fences, hedges and walls shall be limited to three feet. Wing walls, where an extension of a residential or accessory structure is to be constructed, may be eight feet in height. At street intersections, no such appurtenance shall exceed three feet in height above street pavement grade within the triangle bounded by the right-of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged.

7.    Trellis.

a.    Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three feet of the side or rear property line. In side setbacks, the maximum height shall be eight feet.

b.    Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed twenty-five (25) percent of the remaining open space of a developed lot.

c.    Trellis and beam construction shall be so designed as to provide a minimum of fifty (50) percent of the total trellis area as open space for the penetration of light and air to the covered area.

8.    Parking: two per unit in a garage.

H.    Banning Newport Ranch (PC-25). Banning Newport Ranch Planned Community (PC-25) is located within the Banning Ranch deferred certification area established by the Coastal Land Use Plan. The provisions of the planned community development plan are not a component of this Implementation Plan.

I.    Corona del Mar Homes Planned Community (PC-29).

1.    Density/intensity limit: 12.9 dwelling units per buildable area; forty (40) dwelling units maximum.

2.    Setbacks.

a.    Front: fifteen (15) feet on Dahlia; ten (10) feet on Carnation.

b.    Side: three feet on lots forty (40) feet wide or less; four feet on lots wider than forty (40) feet.

c.    Rear: two and one-half feet.

d.    Setback Exceptions.

i.    Eaves may extend two and one-half feet into the required front setback.

ii.    Two car garages with direct access shall be set back two and one-half feet from the twenty (20) foot alley easement.

3.    Height: twenty-four (24) feet for flat roofs and twenty-eight (28) feet for sloped roofs.

4.    Fencing. Fences shall be limited to a maximum height of six feet and shall not be allowed above three feet in the front setback. No fences or other obstructions shall be permitted in the two-and-one-half-foot rear setbacks adjacent to the alley.

5.    Trellis.

a.    Open trellis and beam construction shall be permitted to attach to the garage or the dwelling structure. Trellises in side setback areas may extend from the garage or the dwelling structure to the property line if they are open on three sides. Beams supporting trellises may also be located in side setbacks, but in no case shall trellises or supports extend beyond a property line into side easements. In side setbacks, the maximum height of trellises and supports shall be nine feet.

b.    Trellis areas shall not be considered in calculating lot area coverage; trellis areas in the side setback shall not exceed two hundred fifty (250) square feet.

c.    Trellis and beam construction shall be so designed as to provide a minimum of fifty (50) percent of the total trellis area as open space for the penetration of light and air to the covered area.

6.    Parking. Except for Lots 1 and 2 of Block 531, Corona del Mar, which shall provide two covered parking spaces for each dwelling unit, a minimum of three parking spaces per single unit detached dwelling unit shall be required, of which a minimum of two will be covered. The third parking space, when provided, will be considered guest parking. A minimum of two parking spaces per single unit attached unit shall be required, at least one of which shall be covered.

7.    Use of Northeasterly Side Easements by Owners and Occupants of Lots to the Northeast.

a.    The northeasterly side yard of any lot shall be used only for a portion of a required guest parking space, a walkway, or for recreational and garden area purposes by the owner or occupant of the lot adjacent to the northeast, herein known as the “user.” Such purpose shall include the right of each user to plant vegetation and establish an irrigation system on the side yard easement, and to erect pools and spas subject to first obtaining any required building permits. No building permit shall be issued to the user or the user’s agent for construction in northeasterly side yard easements unless evidence is submitted that an agreement between the user and the owner, to include their successors in interest, has been recorded, which agreement provides for the improvements specified under the building permit. No pool, spa or air conditioning equipment shall be permitted on said side yard easement by the user.

b.    The northeasterly side yard easement and every part thereof, including the fence enclosing the side yard easement and the drainage system established by the developer (other than drainage pipes or vents appurtenant to the dwelling unit occupying the lot of which the side yard easement is legally a portion), shall be repaired, replaced and maintained continuously in a neat and orderly condition by the user.

c.     The legal owner of any side yard shall have the right, at reasonable times, upon reasonable notice and in a reasonable manner, to enter upon the side yard for the purpose of maintaining, repairing or restoring the structural wall of said owner’s dwelling unit, the structure of which is a part, the rain gutters and downspouts attached to said dwelling unit and any fence belonging to said owner which adjoins or abuts the side yard.

J.    Villa Point Apartments Planned Community (PC-30).

1.    Density/intensity limit: one thousand five hundred (1,500) square feet per dwelling unit; two hundred twenty-eight (228) dwelling units maximum.

2.    Setbacks.

a.    Setback from Streets.

i.    East Coast Highway: twenty (20) feet.

ii.    Backbay Drive: ten (10) feet.

iii.    Jamboree Road: twenty (20) feet.

b.    Interior lot lines with adjoining properties: five feet.

3.    Separation distance: ten (10) feet minimum distance between detached residential structures on same lot.

4.    Height.

a.    Thirty-two (32) feet.

b.    One architectural tower shall be permitted with a maximum allowable footprint of fourteen (14) feet by fourteen (14) feet, a maximum allowable height of forty (40) feet, and shall maintain the following minimum setbacks from the surrounding streets:

i.    East Coast Highway: two hundred (200) feet.

ii.    Jamboree Road: five hundred (500) feet.

iii.    Backbay Drive: forty (40) feet.

5.    Fencing. Fences and walls shall not exceed eight feet.

6.    Parking: two spaces per dwelling unit; one covered.

K.    Bayview Community (PC-32).

1.    Area 2 (Single-Family Residential).

a.    Density/intensity limit: two thousand nine hundred seventy-five (2,975) square feet per dwelling unit.

b.    Setbacks.

i.    Front.

(A)    Where garages face the street, the front yard setback shall be a minimum of five feet from back of curb or, in the event sidewalks are constructed, minimum of five feet from back of sidewalk.

(B)    Where garages face the alley the front setback shall be a minimum of eight feet from back of curb or, in the event sidewalks are constructed, minimum of eight from back of sidewalk.

ii.    Side: ten (10) feet.

iii.    Rear.

(A)    Eight feet for garages facing a street.

(B)    Fifteen (15) feet from centerline of alley for garages facing an alley.

iv.    Setback Exceptions. Architectural features, such as but not limited to cornices, eaves, fireplaces, bay windows and wing walls, may extend two and one-half feet into any front, side or rear setback.

c.    Separation distance: ten (10) feet minimum distance between detached residential structures on same lot.

d.    Height: thirty-five (35) feet.

e.    Fencing: eight feet; three feet within the front setback.

f.    Trellis. Open trellis and beam construction, and patio covers where reciprocal side yard easements exist, shall be permitted within six feet of a residential structure on adjacent property. Trellis and beam construction and patio covers shall be permitted to extend to within three feet of the residential dwelling on the adjacent property if the structure is open on three sides and the total area is four hundred (400) square feet or less. Where a corner dwelling exists adjacent to a private street or drive, open trellis and beam construction and patio covers shall be permitted to extend within three feet of a property line except in such cases where an intervening wall exists, such structure may not extend beyond said wall. Limited to nine feet in height.

g.    Parking: two covered spaces per dwelling unit.

2.    Area 4 (Hotel Site).

a.    Density/intensity limit: three hundred (300) room maximum.

b.    Setbacks.

i.    Front: five feet; ten (10) fronting a street.

ii.    Side: zero feet; ten (10) fronting a street.

iii.    Rear: zero feet; ten (10) fronting a street.

c.    Height: ninety (90) feet; an additional fifteen (15) foot height extension is permitted only to accommodate and screen rooftop mechanical equipment.

d.    Parking.

i.    Guest rooms: one space/room.

ii.    Restaurants/Lounge/Retail Space.

(A)    First four thousand (4,000) square feet: one space/two hundred (200) square feet.

(B)    Above four thousand (4,000) square feet: one space/one hundred sixty (160) square feet.

iii.    Banquet/meeting rooms: one space/two hundred (200) square feet.

3.    Area 6 (Buffer).

a.    Setbacks: twenty (20) feet from all property lines.

b.    Height: eighteen (18) feet.

L.    Castaways Marina (PC-37).

1.    Density/intensity limit: 0.3 FAR; seventy (70) slips.

2.    Setbacks: thirty-five (35) feet from West Coast Highway and Dover Drive.

3.    Height: twenty-six (26) feet.

4.    Parking: 0.75 spaces per slip.

M.    Hoag Hospital Lower Campus (PC-38).

1.    Density/intensity limit: five hundred seventy-seven thousand, eight hundred ninety-nine (577,899) square feet maximum.

2.    Setbacks. See Development Criteria Plan provided in Part 8 of this Implementation Plan (Maps).

3.    Height. See Development Criteria Plan provided in Part 8 of this Implementation Plan (Maps).

4.    Parking.

a.    Outpatient services: 2.31 spaces per one thousand (1,000) square feet.

b.    Support: zero spaces per one thousand (1,000) square feet.

c.    Administrative: 5.3 spaces per one thousand (1,000) square feet.

d.    Residential care: one space per one thousand (1,000) square feet.

e.    Medical offices: four spaces per one thousand (1,000) square feet.

f.    Inpatient: 2.35 spaces per one thousand (1,000) square feet.

N.    Bayview Landing (PC-39). Density/intensity limit: one hundred twenty (120) senior dwelling units; or ten thousand (10,000) square foot restaurant, bar or nightclub; or forty thousand (40,000) square foot health club. In the event senior residential is developed on this site, thirty thousand (30,000) square feet of retail may be transferred to Fashion Island.

O.    Corporate Plaza West (PC-40).

1.    Density/intensity limit: one hundred fifty-nine thousand, six hundred eighty-eight (159,688) square feet maximum.

2.    Height: thirty-two (32) feet.

P.    Newporter North (PC-41)—Area 2.

1.    Density/intensity limit: two hundred twelve (212) dwelling units.

2.    Setbacks.

a.    Front: ten (10) feet; garages with direct access shall be set back from five to seven feet average or a minimum average of twenty (20) feet and a minimum of eighteen (18) feet.

b.    Side: five feet.

c.    Rear: ten (10) feet; structures, other than walls and fences, along the public bluff top area shall be set back a minimum distance of twenty (20) feet from property line.

d.    Coastal Bluff Setbacks. The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored.

e.    Setback Exceptions. Decks and balconies greater than eighteen (18) inches above grade may extend into the rear yard setback up to three feet.

3.    Height: thirty-two (32) feet.

4.    Fencing. Fences shall be limited to a maximum height of eight feet. Wing walls, where an extension of a residential or accessory structure, may be six feet in height.

5.    Parking: two in a garage and two guest spaces per dwelling unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum twenty (20) feet in depth).

Q.    Upper Castaways (PC-43)—Area 1.

1.    Density/intensity limit: one hundred fifty-one (151) dwelling units maximum.

2.    Setbacks.

a.    Setbacks from streets: thirty-five (35) feet from Dover Drive.

b.    Front: ten (10) feet; garages with direct access shall be set back from five to seven feet average or a minimum average of twenty (20) feet and a minimum of eighteen (18) feet.

c.    Side: five feet.

d.    Rear: ten (10) feet; structures, other than walls and fences, along the public bluff top area shall be set back a minimum distance of twenty (20) feet from property line.

e.    Coastal Bluff Setback. The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than forty (40) feet from the edge of a bluff or any eroded area of the bluff unless the area is restored.

f.    Setback Exceptions. Decks and balconies greater than eighteen (18) inches above grade may extend into the rear yard setback up to three feet.

3.    Height: thirty-two (32) feet.

4.    Fencing. Fences shall be limited to a maximum height of eight feet. Wing walls, where an extension of a residential or accessory structure, may be six feet in height.

5.    Parking: two in a garage and two guest spaces per dwelling unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum twenty (20) feet in depth).

R.    Balboa Bay Club (PC-45).

1.    Area 1 (Club Facility).

a.    Density/intensity limit: one hundred fifty-seven (157) rooms; two hundred forty thousand (240,000) square feet of floor area.

b.    Setbacks.

i.    Front (West Coast Highway): fifty (50) for buildings; five feet for surface parking.

ii.     Side: one hundred fifty (150) feet along the Bayshores property line; landscaping, planters, walls, fencing, trellises, pergolas, parking spaces and driveways shall be allowed within the setback area subject to a ten (10) foot height limit. Nonhabitable architectural features (e.g., trellis, awning, bay window) may encroach up to five feet into the side setback.

iii.    Rear (Bay Front): ten (10) feet from the U.S. Bulkhead Line.

c.    Height: thirty-five (35) feet measured from eleven and one-half (11.5) feet MSL. Architectural features in excess of the height limit may be approved by the Planning Commission.

d.    Fencing.

i.    Front (West Coast Highway). Fencing shall be predominantly an open design (e.g., wrought iron) so as to maintain public views of the marina and the bay from West Coast Highway.

ii.    Rear (Bay Front). No solid fencing or walls greater than three feet in height shall be permitted within the rear setback. Transparent windscreens may extend up to eight feet above grade.

2.    Area 2 (Lodging Facility).

a.    Density/intensity limit: one hundred forty-four (144) dwelling units; two hundred forty-seven thousand, four hundred two (247,402) square feet of floor area.

b.    Setbacks.

i.    Front (West Coast Highway): fifteen (15) feet.

ii.    Side: fifteen (15) feet.

iii.    Rear (Bay Front): ten (10) feet from U.S. Bulkhead Line.

c.    Floor Area Limit.

d.    Height: thirty-five (35) feet.

e.    Parking: one and one-half spaces per dwelling unit.

S.    Newport Beach Country Club (PC-47).

1.    Golf Club.

a.    Density/intensity limit: eighteen (18) hole golf course; the maximum allowable gross floor area for a golf clubhouse building shall be fifty-six thousand (56,000) square feet, exclusive of any enclosed golf cart storage areas ramp and washing area. The greenskeeper/maintenance buildings, snack bar, separate golf course restroom facilities, starter shack, and similar ancillary buildings are exempt from this development limit.

b.    Height: fifty (50) feet.

c.    Fencing. Golf course perimeter fencing shall be wrought iron with a maximum permitted height of six feet.

d.    Parking.

i.    Golf course: eight spaces per hole.

ii.    Golf Clubhouse.

(A)    Dining, assembly and meeting rooms: one per three seats or one per thirty-five (35) square feet.

(B)    Administrative office: four per one thousand (1,000) square feet.

(C)    Pro shop: four per one thousand (1,000) square feet.

(D)    Maintenance facility: two per one thousand (1,000) square feet.

(E)    Health and fitness facility: four per one thousand (1,000) square feet.

2.    Tennis Club.

a.    Density/intensity limit: seven tennis courts; three thousand seven hundred twenty-five (3,725) square feet clubhouse.

b.    Height: thirty (30) feet for clubhouse.

c.    Parking: twenty-eight (28) spaces.

3.    The Villas. Density/intensity limit: five single-family dwelling units.

Villa Designation

Villa A

TTM Lot #1

Villa B

TTM Lot #2

Villa C

TTM Lot #3

Villa D

TTM Lot #4

Villa E

TTM Lot #5

Lot Size

5,000 square feet minimum

Lot Coverage (Maximum)

70%

65%

55%

40%

55%

Building Height

35 feet

Building Side Setbacks

3 feet minimum

Building Front and Rear Setbacks

5 feet minimum

Enclosed Parking Space for Each Unit

2

2

3

3

2

Open Guest Parking Space for Each Unit

One space—Could be located on the private driveway—No overhang to the private street/cul-de-sac is allowed

4.    The Bungalows.

a.    Density/Intensity Limit. The maximum allowable number of the bungalows shall be twenty-seven (27) short-term guest rental units. The maximum allowable gross floor area for the bungalows shall be twenty-eight thousand three hundred (28,300) square feet with a two thousand two hundred (2,200) square foot concierge and guest center and a seven thousand five hundred (7,500) square foot spa facility.

b.    Setbacks: five feet from any property line.

c.    Height: thirty-one (31) feet.

d.    Parking: thirty-four (34) parking spaces.

T.    Santa Barbara Residential (PC-54).

1.    Density/intensity limit: seventy-nine (79) dwelling units.

2.    Setbacks.

a.    Front: fifteen (15) feet.

b.    Side: seven feet.

c.    Rear: thirteen (13) feet.

d.    Parking structure: three feet for each one foot or fraction thereof that the parking structure extends above adjoining grade.

3.    Floor area limit: 1.9 FAR.

4.    Height: sixty-five (65) feet.

5.    Lower Cost Visitor Mitigation Fee. Mitigation fees for the protection, enhancement and provision of lower cost visitor serving uses at Crystal Cove State Park to offset the loss of the priority land use in Newport Center were paid in accordance with the terms and conditions of Coastal Development Permit No. 5-07-085 (Lennar Homes/The New Home Company of Southern California, LLC).

U.    Bayside Residential (PC-55).

1.    Lot area: five thousand five hundred (5,500) square feet.

2.    Density/intensity limit: seventeen (17) single-family detached dwelling units.

3.    Setbacks: Perimeter Setback Exhibit dated September 19, 2007.

4.    Floor area limit: 1.75 x the maximum buildable area and not including maximum four hundred (400) square feet attributable to required, enclosed parking.

5.    Height. The baseline for measuring height shall be finished grade. The maximum permissible height of any dwelling shall be twenty-eight (28) feet to the midpoint of a sloping roof or to the top of a flat roof. The peak of a sloping roof shall not exceed thirty-three (33) feet. If a rooftop deck is proposed, the height of any protective railing shall be no higher than twenty-eight (28) feet. The maximum permissible height of any accessory structure shall be twelve (12) feet.

6.    Fencing. Fences, hedges and walls shall be limited to three feet in height in all front yard setbacks and within rear yard setbacks of the waterfront lots (Lots 3-15). Fences, hedges, and walls shall be limited to six feet in height in all other rear yards, and side yards, including the perimeter wall at Bayside Drive.

Exceptions.

a.    Hedges along the perimeter wall along Bayside Drive shall be limited to twelve (12) feet in height.

b.    Open-work walls and fences that are ninety (90) percent of the wall plane open (wrought iron in combination with pilaster) up to a maximum of six feet in height are permitted at the side property line of each waterfront lot (Lots 3-15) and extending into the rear yard from the setback line to the waterfront property line.

c.    Walls that extend in the same plane as the front (driveway street-side) wall of a dwelling into a required side yard for purposes of enhancing the entrance of an entry courtyard may be up to twelve (12) feet in height.

7.    Parking. A minimum of two garage parking spaces shall be provided per dwelling. In addition, a minimum of two parking spaces (side by side, not tandem) shall be provided on the driveway to each garage of each single-family dwelling. A total of nineteen (19) curbside parking spaces shall be provided on the street that provides access to each buildable lot.

V.    Lido Villas (PC-59).

1.    Lot size: fifty-two thousand ninety-nine (52,099) square feet (1.2 acres).

2.    Density/intensity limit: twenty-three (23) dwelling units.

3.    Setbacks.

a.    Via Lido: nine feet (first floor); four feet, five inches (second floor).

b.    Via Malaga: seven feet, three inches (first floor); six feet, six inches (second floor).

c.    Via Oporto: six feet (first floor); three feet (second floor).

d.    North interior property line: five feet.

4.    Height: thirty-five (35) feet.

TABLE 21.26-10

ALLOWED USES 

Lido Villas (PC-59)

A

Allowed

Not Allowed*

Land Use

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

PC-59

Specific Use Regulations

Residential Uses

 

 

Home Occupations

A

 

Multi-Unit Dwellings

A

 

Visitor Accommodations, Residential

 

 

Short-Term Lodging

A

 

Other Uses

 

 

Utilities, Minor

A

 

Wireless Telecommunication Facilities

A

Chapter 21.49

Accessory Structures and Uses

A

 

Personal Property Sales

A

 

Special Events

A

 

Temporary Uses

A

 

* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as provided by Chapter 21.12 (Interpretation of Implementation Plan Provisions).

(Ord. 2018-16 § 4 (Exh. A)(part), 2018; Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.26.065 Planned Communities without Development Plans.

A.    Lido Peninsula (PC-6). Land uses and development limits are established by use permits and the polices of the Coastal Land Use Plan.

1.    630-670 Lido Park Drive (CM Area).

a.    Land Use. Land uses allowed within the CM Coastal Zoning District (Table 21.20-1).

b.     Intensity. Floor area to land area ratio of 0.5.

2.    Cannery Village—700 Lido Park Drive (RM Area).

a.    Land Use. Land uses allowed within the RM Coastal Zoning District (Table 21.18-1).

b.    Density. Thirty-four (34) dwelling units.

3.    Lido Peninsula Resort (RM Area).

a.    Land Use. Land uses allowed within the RM Coastal Zoning District (Table 21.18-1).

b.    Density. Two hundred seventeen (217) dwelling units.

4.    Lido Peninsula Commercial (CM Area).

a.    Land Use. Land uses allowed within the CM Coastal Zoning District (Table 21.20-1).

b.     Intensity: one hundred thirty-nine thousand, eight hundred forty (139,840) square feet of floor area.

B.    Newport Dunes (PC-48). Land uses and development limits are established pursuant to the Newport Dunes Settlement Agreement.

1.    Family Inn. A two hundred seventy-five (275) room “family inn,” not exceed five hundred thousand (500,000) square feet of gross floor area.

2.    Interim Dry Boat Storage. Up to four hundred fifty (450) dry boat storage spaces as an interim use and pending construction of the family inn.

3.    Restaurant Uses. Up to thirty-two thousand (32,000) square feet of net public area of restaurant facilities.

4.    Commercial Uses. Up to twelve thousand (12,000) square feet of gross floor area for commercial, office, storage or retail uses.

5.    RV Spaces and Facilities. A four hundred forty-four (444) space recreational vehicle park with recreation vehicle support center, including a convenience store, equipment rental facility, a recreation/meeting room, clubhouse, restrooms, showers, laundry facility, storage, swimming pool, and maintenance facility. The recreational vehicle park spaces may be used to provide campground areas and alternative recreational vehicles as a means of providing alternative and lower cost overnight accommodations.

6.    Boat Slips/Marina. A four hundred thirty (430) boat slip marina.

7.    Marina Clubhouse and Storage. Up to nine thousand six hundred (9,600) square feet of floor area for a marina clubhouse and for storage facilities.

8.    Caretaker Residences. One caretaker residence for the restaurant uses and one caretaker residence for the recreational vehicle park.

9.    Temporary Enclosure. One temporary enclosure for specified events.

C.    Other Planned Communities. The approved site plan serves as the Planned Community Development Plan for Bayside Village Mobile Home Park (PC-1), Park Newport (PC-07), Promontory Point (PC-12), Newport Crest (PC-14), Newport Terrace (PC-16), Emerald Village (PC-36), Upper Newport Bay Regional Park (PC-44), Armstrong Garden (PC-47), and Marina Park (PC-51). Land uses and development shall be in substantial conformance with the approved site plan. Land use and development limits are provided in Table 21.26-11. The site plans are provided in Part 8 of this Implementation Plan (Maps).

 

TABLE 21.26-11 

Planned Community

PC No.

Land Use

Development Limit

Bayside Village MHP

PC-1

Multiple-unit residential

15 dwelling units/acre

Park Newport

PC-7

Multiple-unit residential

1306 dwelling units

Promontory Point

PC-12

Multiple-unit residential

520 dwelling units

Newport Crest

PC-14

Multiple-unit residential

460 dwelling units

Newport Terrace

PC-16

Multiple-unit residential

281 dwelling units

Emerald Village

PC-36

Private institutional

1.0 floor area ratio

Upper Newport Bay Regional Park

PC-44

Open space

Regional park facilities, passive open space or interpretive facilities related to the Upper Newport Bay Ecological Reserve or the on-site cultural resources. Structures on this site shall not exceed 10,000 sq.ft.

Armstrong Garden

PC-47

General commercial

0.10 floor area ratio

Marina Park

PC-51

Parks and recreation

Per Coastal Development Permit 5-10-229, as amended by the Coastal Commission.

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

[Back Bay Landing Planned Community Development Plan (PC-9)]