Chapter 20.28 — OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H)

The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail.

A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is
intended to establish a mobile home district on parcels of land developed with mobile home
parks. The regulations of this district are designed to maintain and protect mobile home
parks in a stable environment with a desirable residential character.

B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is
intended to provide for areas where parking management plans are appropriate to ensure
adequate parking.

C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special
development standards for areas of the City where projects are proposed on identified bluff
areas. The specific areas are identified in Part 8 of this title (Maps).

D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are
intended to accommodate housing opportunities consistent with the Housing Element’s
focus areas and to ensure the City can meet its allocation of the Regional Housing Needs
Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps).

E. H (Height) Overlay District. The H Overlay District is intended to establish standards for
review of increased building height in conjunction with the provision of enhanced project
design features and amenities.

F. Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is
intended to modify certain development standards for properties subject to special flood
hazards as identified by the Federal Emergency Management Agency (FEMA) in the Flood
Insurance Study (FIS) for Orange County, California and Incorporated Area with
accompanying FEMA Flood Insurance Rate Maps (FIRM).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-12 § 2, 2015; Ord. 2020-19 § 1, 2020; Ord.
2024-16 § 2 (Exh. B), 2024; Ord. 2023-10 § 1 (Exh. A § 1), 2023; Ord. 2025-32 § 1 (Exh. A
§ 2), 2025)

A. Uses Allowed. Uses allowed in the MHP Overlay Zoning District include only those uses listed below. When an MHP Overlay Zoning District is applied to an area, all uses previously allowed in the underlying zoning district are no longer allowed.

1. Mobile Home Parks. Mobile home parks as regulated by the State of California.

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City of Newport Beach, CA § 20.28.020 PLANNING AND ZONING § 20.28.030

2. Accessory Structures and Uses. Accessory structures and uses incidental to the
operation of mobile home parks (e.g., recreation facilities and/or community centers
of a noncommercial nature, either public or private, storage facilities for the use of
the mobile home park residents, and any other structures or uses that are incidental to
the operation of a mobile home park).

B. Removal of the Mobile Home Park Overlay District. The Council shall not approve a
Zoning Map amendment that would remove the MHP designation from a property, unless
all of the following findings have first been made:

1. The proposed zoning is consistent with the General Plan, and in the event the
proposed zoning is Planned Community, the PC Development Plan has been
submitted and is consistent with the General Plan;

2. The property which is the subject of the Zoning Map amendment would be more
appropriately developed in compliance with the uses allowed by the underlying base
zoning, or proposed zoning, and if the underlying base zoning or proposed zoning is
Planned Community, that a PC Development Plan has been submitted and the
property would be more appropriately developed with the uses specified in that
development plan; and

3. A mobile home park phase out plan and report on the impact of conversion, closure,
or cessation of the use on the displaced residents of the mobile home park has been
prepared, reviewed, and found to be acceptable and consistent with the provisions of
the California Government Code.

a. A phase out plan shall not be found to be acceptable unless it includes all of the
following:

i. A time schedule and method by which existing mobile homes, cabanas,
ramadas, and other substantial improvements and tenants are to be
relocated or appropriately compensated;

ii. Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants with disabilities; and

iii. The programs or other means that are to be implemented properly address
the housing impacts on those described in subsection (B)(3)(a)(ii) of this
section are mitigated.

b. For purposes of this finding, “low and moderate incomes” shall be defined in
compliance with the provisions of the City’s Housing Element.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 903, 2023)

A. Parking Management District Plan Required. Before approving an amendment reclassifying land to a PM Overlay District, the Commission and Council shall approve a parking management district plan.

B. Establishment of Parking Management Program(s). The parking management district plan
shall identify existing and planned parking facilities and establish parking management
programs necessary to adequately serve the parking needs of the area.

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City of Newport Beach, CA § 20.28.030 NEWPORT BEACH CODE § 20.28.030

C. Exemptions. The parking management district plan shall also include a formula or
procedure establishing the extent to which properties shall be exempted from the
requirements of Chapter 20.40 (Off-Street Parking).

D. Parking Management Overlay Districts Established. The Parking Management Districts
identified in this section and depicted in the referenced map exhibits adopted in Part 8 of
this title.

1. Balboa Village Parking Management Overlay District applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams
Street and depicted in Parking Management Overlay Map PM-1.

a. Purpose. The purpose of the Balboa Village Parking Management Overlay
District is to identify existing and planned parking facilities and establish
parking programs to adequately serve the parking needs for Balboa Village.
Additionally, the District establishes modified parking requirements for
properties that differ from the basic requirements of Chapter 20.40 (Off-Street
Parking).

b. Existing Parking Facilities. The City maintains six public parking lots within or
near the District: (1) A Street lot, (2) B Street lot, (3) Washington Street lot, (4)
Palm Street lot, (5) Balboa metered lot, and (6) Balboa Pier lot. In addition, the
City provides and maintains a small number of on-street parking spaces along
Balboa Boulevard, Palm Street, and Bay Avenue. The City intends to maintain
public parking facilities; however, should the need arise, the City may modify,
add, or remove parking spaces to ensure safe and efficient operations and meet
parking demand.

c. Planned Parking Facilities. Due to the high cost of land acquisition and
construction and the underutilization of existing parking, additional off-street
parking facilities are not necessary to meet the demand of existing uses. Parking
demand shall be monitored and evaluated by the City to determine whether
additional District parking is necessary, economical, appropriate, and desirable.
The City may acquire or lease parking facilities to make them available to the
public.

d. Required Off-Street Parking.

i. Nonresidential Uses. No off-street parking shall be required for any new
nonresidential use or intensification of uses except the following uses as
defined by the Zoning Code: assembly/meeting facilities, commercial
recreation and entertainment, cultural institutions, all marine services uses,
schools, and visitor accommodations. Uses that require off-street parking
shall provide said spaces in accordance with Chapters 20.40 (Off-Street
Parking) and 20.38 (Nonconforming Uses and Structures).

ii. Residential Uses. Residential uses shall provide parking in accordance
with Chapters 20.40 (Off-Street Parking) and 20.38 (Nonconforming Uses
and Structures).

iii. Existing off-street parking spaces shall be preserved unless the elimination
of spaces is authorized by the approval of a Site Development Review

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City of Newport Beach, CA § 20.28.030 PLANNING AND ZONING § 20.28.030

application by the Zoning Administrator.

iv. Shared Parking for Nonresidential Uses. Notwithstanding the Zoning Code

requirement that off-street parking be reserved for the use it serves, the shared use of parking is allowed and encouraged.

Shared parking shall be subject to the following requirements:

(A) Required Off-Street Parking. When required, parking for nonresidential uses may be satisfied by leasing nearby parking spaces at off-site locations within one thousand two hundred fifty (1,250) feet of the parcel they serve. Development on multiple parcels with reciprocal access agreements is considered one site for parking purposes. If the spaces are required or otherwise leased to other uses, the hours of operation shall not significantly overlap. The distance between the parking facility and the use it serves shall be measured along public walkways from the closest portion of the parking facility to the main entrance of the use. The leasing of off-site parking to satisfy required parking shall be maintained in perpetuity when the use requires it and may only be discontinued if the use is discontinued.

(B) Excess Parking. Parking that is not necessary to satisfy off-street parking requirements may be leased to other uses or made available to the general public.

(C) Parking within Mixed-Use Buildings. Parking for different uses within a new, mixed-use building may be shared subject to the review and approval of a Site Development Review application.

(D) The reduction of required parking associated with a shared parking arrangement shall be subject to the review and approval of the Director when in compliance with the following conditions:

(1) Shared parking spaces are within one thousand two hundred fifty (1,250) feet as described in subsection (D)(1)(d)(iv)(A) of this section;

(2) There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking;

(3) The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses;

(4) The property owners involved in the shared parking facilities provide a binding agreement or other legal instrument assuring the joint use of the parking facilities subject to the satisfaction of the Director;

(5) The Director may require the preparation and implementation of a parking management program to address potential parking conflicts.

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City of Newport Beach, CA § 20.28.030 NEWPORT BEACH CODE § 20.28.040

(E) Sections 20.40.100 (Off-Site Parking) and 20.40.110(B)(2) (Joint
Use of Parking Facilities) do not apply within the Balboa Village
Parking Management Overlay District.

v. Private Parking Facilities Available to the General Public. Nonresidential,
off-street parking facilities are encouraged to be made available to the
general public, even if the parking facility is required for existing
developments. Subject to City Council review and approval, the City may
enter into an agreement with the property owner for the use and/ or
management of the parking facility. Allowing general public access to
private off-street parking facilities shall not affect the property’s
conformance with its required off-street parking. The agreement should at
a minimum address hours of availability for use by the general public,
signage, maintenance, duration of agreement, and liability.

e. Suspension of In-Lieu Parking. Uses within the Balboa Village Parking
Management Overlay District shall not be eligible for in-lieu parking pursuant
to Sections 12.44.125 and 20.40.130. The requirement that existing uses within
the Balboa Village Parking Management Overlay District participate in the in-
lieu parking permit program shall be discontinued as of the effective date of the
District.

f. Voluntary Employee Parking. The City will develop and implement a voluntary
Balboa Village Employee Permit Program that will include reduced fees and
designated parking locations for employee parking during specified hours.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-20 § 1, 2015)

A. Applicability. This section applies to lots located in the Bluff (B) Overlay District as indicated on the Zoning Map. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this section the most restrictive standard shall prevail.

B. Uses Allowed. Land uses allowed in the B Overlay District are all those uses allowed in
the underlying zoning district.

C. Development Area Defined. For the purpose of this section the development area of a lot is
an area delineated for the purpose of regulating the placement and location of structures.
Each lot within the B Overlay District shall be divided into two or more development areas.
Development areas are delineated on the Development Area Maps attached to the
ordinance codified in this title and are consistent with the development areas listed in
subsection (D) of this section. The setbacks provided in Tables 2-2 and 2-3 in Section

determine development areas, but are only used to determine the maximum floor area limit for the lot, if applicable.

1. Development Area A—Principal and Accessory Structures. Area A allows for the
development and use of principal and accessory structures. Accessory structures

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City of Newport Beach, CA § 20.28.040 PLANNING AND ZONING § 20.28.040

allowed in Areas B and C are allowed in Area A.

2. Development Area B—Accessory Structures. Area B allows for the development and
use of accessory structures listed below. Principal structures are not allowed.

a. Allowed Accessory Structures. The following accessory structures are allowed
in Area B:

i. Accessory structures allowed in Area C are allowed within Area B.

ii. Barbecues.

iii. Decks.

iv. Detached or attached patio covers (solid or lattice).

v. Fences, walls, and retaining walls in compliance with Section 20.30.040
(Fences, Hedges, Walls, and Retaining Walls).

vi. Fireplaces and fire pits.

vii. Gazebos.

viii. Outdoor play equipment.

ix. Patios.

x. Platforms.

xi. Porches.

xii. Spas and hot tubs.

xiii. Swimming pools.

xiv. Terraces.

xv. Similar structures.

b. Development standards for accessory structures. The following development
standards apply to Area B:

i. Covered accessory structures (e.g., trellis, gazebos, patio covers) shall not
exceed twelve (12) feet in height from existing grade or finished grade or
exceed four hundred (400) square feet in cumulative total area.

ii. Retaining walls shall comply with Section 20.30.040 (Fences, Hedges,
Walls, and Retaining Walls).

3. Development Area C—Limited Accessory Structures. Area C allows for the
development and use of limited accessory structures. The following accessory
structures are allowed in Area C:

a. Benches.

b. Drainage devices.

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City of Newport Beach, CA § 20.28.040 NEWPORT BEACH CODE § 20.28.040

c. Guardrails and handrails required by building code.

d. Landscaping/irrigation systems.

e. On-grade trails.

f. On-grade stairways.

g. Property line fences and walls, not including retaining walls.

h. Underground utilities.

i. Similar structures.

D. Location of Development Areas. The development areas are listed below and depicted in
the referenced map exhibit adopted in Part 8 of this title. The placement of structures and
grading is limited by development areas as defined in this section and in subsection (C) of
this section. The development areas for each parcel are polygons established by the
property lines and the following development lines. (See Map Exhibit B-1.) All contour
lines refer to NAVD 88 contours.

1. Kings Place (104-112 and 204-224).

a. Development Area A. Between the front property line adjacent to Kings Place
and the development line established at an elevation that is sixteen (16) feet
below the average elevation of the top of the curb adjacent to the lot.

b. Development Area C. All portions of the lot not located in Area A.

2. Kings Place (116-200).

a. Development Area A. As indicated by the specified distance (in feet) from the
front property line on the development area map.

b. Development Area B. All portions of the lot not located in Area A or C.

c. Development Area C. Between the downslope boundary of Area A and a
development line established at the twenty-six (26) foot contour line.

d. Additional Development Standards. Sport courts are allowed in Area B.
Enclosed accessory structures that do not exceed twelve (12) feet in height from
existing or finished grade and do not exceed four hundred (400) square feet
(cumulative) in area shall be allowed in Area B.

E. Basements. Basements are allowed in Area A and may be constructed at an elevation
(NAVD88) below any specified contour elevation. Basements shall not daylight on the
bluff or slope face beyond Area A.

F. Grading—All Development Areas. Grading is limited to the minimum necessary for the
construction and placement of allowed structures.

G. Encroachments.

1. Above Grade Encroachments. Balconies, bay windows, eaves, architectural features,
and shading devices attached to principal or accessory structures may encroach from

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City of Newport Beach, CA § 20.28.040 PLANNING AND ZONING § 20.28.050

Area A into Area B without limitation, provided they do not require ground support. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A or Area B into Area C, provided they do not require ground support and encroach no farther than five feet into Area C and comply with any required minimum setbacks.

2. Subterranean Structural Encroachments. Foundations, basement walls, structural
supports, and shoring for principal structures may encroach a maximum of twenty-
four (24) inches into an adjacent development area (B or C).

H. Nonconforming Structures. Principal and accessory structures that do not conform to the
development standards of this chapter shall comply with Section 20.38.040
(Nonconforming Structures) of this Zoning Code.

I. Adjustment of Development Area Boundary.

1. Reduced Development Area(s). A bluff development area shall be reduced whenever
necessary to:

a. Ensure safety and stability against slope failure (i.e., landsliding) for the
economic life of a development. At a minimum, the development area shall be
adjusted to ensure a slope stability factor greater than or equal to 1.5 at the end
of the economic life of the development for the static condition of the bluff or a
factor of safety greater than or equal to 1.1 for the seismic condition of the bluff,
whichever is further landward; and

b. Ensure that the principal structures are safe from hazards due to erosional factors
for the economic life of the building.

2. Increased Development Area(s). A development area’s boundaries may be adjusted
through the approval of a site development review in compliance with Section

allowed. In addition to the site development review findings, all of the following findings shall also be made:

a. The increased bluff development area will ensure a slope stability factor of
safety greater than or equal to 1.5 at the end of the economic life of the
development for the static condition of the bluff or a factor of safety greater than
or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is
farther landward;

b. The increased bluff development area will provide adequate protection from
erosion factors for the economic life of the development;

c. The increased bluff development area will be compatible and consistent with
surrounding development; and

d. The increased bluff development area will not have an impact on public views
or sensitive habitat areas, and is not otherwise detrimental to the general public
health and welfare.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 904, 2023)

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City of Newport Beach, CA § 20.28.050 NEWPORT BEACH CODE § 20.28.050

A. Applicability. This section applies to properties located in one of the Housing Opportunity
(HO) Overlay Zoning Districts, as identified in Part 8 of this title. This includes the
following subareas:

1. HO-1—Airport Area Environs Area. The Airport Area Environs Area is located north
of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport.

2. HO-2—West Newport Mesa Area. The West Newport Mesa Area is located near the
southwest corner of the city and primarily consists of industrial properties along 16th
Street, Production Place, and 15th Street.

3. HO-3—Dover-Westcliff Area. The Dover-Westcliff Area includes property on both
sides of West Coast Highway and the west of Dover Drive. Properties in the Lido
Village area are included.

4. HO-4—Newport Center Area. The Newport Center Area is generally bounded by San
Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road.

5. HO-5—Coyote Canyon Area. The Coyote Canyon Area is located on the south side
of California State Route 73, at the junction of Newport Coast Drive.

The above listed are general descriptions of each subarea and additional properties
may be included with the subarea. To be eligible for the provisions of this chapter, the
property must be listed on the HO area map as an “opportunity site.”

6. HO-6—5th Cycle Housing Element Sites. Those sites that are identified as 5th Cycle
Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See
subsection (E) of this section for alternative review process.

B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO)
Overlay Zoning Districts with exception of HO-6 where only the base zoning standards
apply:

1. Any use that is permitted or conditionally permitted in the base zone;

2. Multiple-unit development that meets the density requirements set forth in this
section;

3. Mixed-use development that includes a residential component which complies with
the minimum density set forth in this section; and

4. Residential supporting uses such as leasing/ sales/property management offices,
fitness facilities, recreation facilities, etc.

C. Subarea Development Standards.

1. Development Standards. The following development standards shall apply to any residential or mixed-use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply.

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City of Newport Beach, CA § 20.28.050 PLANNING AND ZONING § 20.28.050

TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES

Housing Opportunity Subareas

Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6

Development Limit 2,577(11) 1,107 521 2,439(12) 1,530 N/A
(units) (1)

Lot Size/Dimension Per Base Zone

Lot area required per Minimum: Minimum: 2,178 (20 du/ac) Minimum: All
unit (sq. ft.) (2) 2,178 (20 Maximum: 871 (50 du/ac) 2,178 (20 Standards
du/ac) du/ac) Per Base
Maximum: Maximum: Zone
871 (50 du/ 726 (60 du/
ac) ac) (10)

Setbacks

Front 0 ft. (3) 10 ft. (3) 10 ft. (3)(4) 0(3) 10 ft. (3)

Rear 0 20 ft. 20 ft. 0 20 ft.

Side 0(4)

Street Side 0(3) 10 ft. (3) 10 ft. (3) 0 ft. (3) 10 ft. (3)

Height Per Base 65 ft. 65 ft. (6) Per Base 65 ft.
Zone unless Zone unless
otherwise otherwise
identified on identified on
the map the map (7)

Building Separation 10 ft.

Floor Area Ratio No restriction (8)
(FAR)

Common Open Space (9) Minimum 75 square feet/dwelling unit. (The minimum dimension (length
and width) shall be 15 feet.)

Private Open Space (9) 5% of the gross floor area for each unit. (The minimum dimension (length
and width) shall be 6 feet.)

Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).

Landscaping See Chapter 20.36 (Landscaping Standards).

Lighting See Section 20.30.070 (Outdoor Lighting).

Outdoor Storage/ See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Display

Parking See subsection (D)(3) of this section and Chapter 20.40 (Off-Street
Parking).

Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).

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City of Newport Beach, CA § 20.28.050 NEWPORT BEACH CODE § 20.28.050

TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES

Housing Opportunity Subareas

Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6

Signs See Chapter 20.42 (Sign Standards).

Notes:

(1) Development limits are additional residential development opportunities beyond the base allowances in
this title or the General Plan. These limits shall not include density bonus units or units that are either
identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were applied for and
predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only counted
against the development limits when they are either entitled or are issued a building permit if allowed by
right. However, twenty-five (25) percent of the development limit within each HO Overlay Zoning District
that includes properties within the Coastal Zone shall be reserved until such a time as the City’s Local
Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle
Housing Element. Following the City’s Local Coastal Program Amendment, priority for the reserved units
will be given to sites located within the Coastal Zone.

(2) Minimum/maximum allowable density range may be based on an average density of the entire project site,
excluding density bonus units.

(3) Any portion of the building that is over twenty (20) feet in height shall be set back a minimum twenty (20)
feet from the street right-of-way.

(4) Except in the Mixed-Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only
allowed beginning one hundred (100) feet north of Coast Highway.

(5) The combined total from both sides shall be fifteen (15) feet.

(6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.

(7) “Base zone” includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596).

(8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed-use
developments, the FAR for nonresidential is still applicable.

(9) For purposes of this section, common and private open space in HO-1 may include enclosed shared
amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court,
weightlifting facility, children’s playground equipment, sauna, jacuzzi, day care facility, or any other
recreational amenities/facilities as deemed appropriate by the Community Development Director.

(10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited
to a maximum of twenty (20) dwelling units.

(11) Of the 2,577 base development units, 179 units shall be allocated to Site ID No. 77 (1201 Dove Street) from
the 6th Cycle Housing Element Sites Inventory.

(12) Of the 2,439 base development units for HO-4, 152 units shall be allocated to Site ID No. 362 (868 and 870
Santa Barbara Drive) from the 6th Cycle Housing Element Sites Inventory.

2. Airport Area Environs Area (HO-1). The following development standards shall only
apply to projects within the Airport Area Environs Area:

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City of Newport Beach, CA § 20.28.050 PLANNING AND ZONING § 20.28.050

a. Sound Mitigation. The interior ambient noise level of all new residential
dwelling units shall meet applicable standards of Section 10.26.030 (Interior
Noise Standards). An acoustical analysis report, prepared by an acoustical
engineer, shall be submitted describing the acoustical design features of the
structure that will satisfy the interior noise standard. The residential units shall
be constructed and noise attenuated in compliance with the report.

b. Advanced Air Filtration. The design of all new residential and mixed-use
residential developments shall include advanced air filtration systems to
promote cleaner air within living environments.

c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles on streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (i) the disclosure and notification requirement stated herein; (ii) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (iii) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach.

3. West Newport Mesa Area (HO-2). The following development standards shall only
apply to projects within the West Newport Mesa Area:

a. West Newport Mesa Streetscape Master Plan. Any residential or mixed-use
residential development shall implement applicable components of the adopted
West Newport Mesa Streetscape Master Plan.

4. Coyote Canyon Area (HO-5). The following development standards shall only apply
to projects within the Coyote Canyon Area:

a. Public Park. Any future residential development within this subarea shall
include a public park that is no less than three and one-half acres, in aggregate.
As part of the review for the overall project, the developer shall provide a
detailed description of the public park, including timing, dimensions, and
location within the project site.

b. Public Trails. Any future residential development shall include public trails for
the entire subarea that accommodate multiple modes of transit (i.e., walking and
bicycling) and connect to nearby com-munity resources, as well as the existing
trail system. As part of the review for the overall project, the developer shall
provide a detailed description of the trail system, including timing, dimensions,
alignment, and location within the project site.

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City of Newport Beach, CA § 20.28.050 NEWPORT BEACH CODE § 20.28.050

D. General Development Standards. The following development standards shall apply to all
projects within the Housing Opportunity zone, regardless of subarea:

1. Mixed-Use Developments. All mixed-use developments shall comply with Section

percent of the floor area of mixed-use developments shall be dedicated to residential uses. For purposes of this section, floor area shall be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and storage areas that are not directly accessible from the interior of a dwelling unit.

2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except
for areas that provide vehicle and pedestrian access to the right-of-way.

3. Residential Off-Street Parking Requirements. Residential parking requirements for
projects within the Housing Opportunity Overlay Zones shall be provided in
accordance with Table 2-17. Parking for all other uses not included in this table shall
be provided in accordance with Chapter 20.40 (Off-Street Parking Requirements).

TABLE 2-17
RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY
OVERLAY ZONES

Land Use Subtype Parking Requirement

Residential (Rental) Studio 1.1 spaces per dwelling unit

1 Bedroom 1.5 spaces per dwelling unit

2 Bedrooms 1.8 spaces per dwelling unit

3 Bedrooms 2.0 spaces per dwelling unit

Visitor Parking 0.3 spaces per dwelling unit

Residential (Ownership) Studio 1.4 spaces per dwelling unit

1 Bedroom 1.8 spaces per dwelling unit

2 Bedrooms 1.8 spaces per dwelling unit

3 Bedrooms 2.0 spaces per dwelling unit

Visitor Parking 0.3 spaces per dwelling unit

E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or
mixed-use development in the HO Overlay Zones that includes a minimum of twenty (20)
percent of the units reserved for very-low- and low-income residents shall not require a Site
Development Review, but shall require an affordable housing implementation plan (AHIP)
and shall meet all the following criteria:

1. All units designated as affordable to very-low and/or low-income residents shall be
subject to a minimum thirty (30) year affordability covenant;

2. Affordable units shall reflect the range of numbers of bedrooms provided in the
residential development project as a whole, but may be smaller and have different
interior finishes and features than market-rate units;

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City of Newport Beach, CA § 20.28.050 PLANNING AND ZONING § 20.28.060

3. Affordable units shall be comparable in the facilities provided (e.g., laundry,
recreation, etc.) and in the quality of construction and exterior design to the market-
rate units; and

4. Affordable units shall be dispersed throughout the residential development.
(Ord. 2024-16 § 2 (Exh. B), 2024; Ord. 2025-10 § 2 (Exh. B), 2025)

A. Applicability. The Height Overlay District includes properties located in the Multiple Residential (RM) Zoning District within Statistical Area A2.

B. Discretionary Review. A request for an increase in building height under the provisions of
the Height (H) Overlay District requires discretionary review through either a site
development review or planned development permit.

C. Eligibility. Properties eligible for the Height (H) Overlay District must have a minimum lot
size of one acre.

D. Maximum Height. The maximum height limit is forty (40) feet for a flat roof and forty-five
(45) feet for a sloped roof. The development shall be three stories maximum.

E. Required Findings. The review authority may approve a planned development permit or
site development review to allow a project in compliance with this section only after
finding all of the following in addition to the findings required for the discretionary permit
application and the findings required by Section 20.30.060(C)(3):

1. The proposed project provides increased building setbacks from public streets and
property lines above code requirements;

2. The proposed project provides project enhancements and on-site recreational
amenities for the residents above code requirements; and

3. The proposed project provides quality architecture and quality materials.

F. The following standards should be considered for compliance with subsection (E)(3) of this
section:

1. Enhanced treatment of building elevations facing public streets with respect to
architectural treatment to achieve a high level of design and neighborhood quality
(e.g., high quality doors, windows, moldings, metalwork, finishes, stoops, porches,
etc.).

2. Building materials and colors should be selected that will complement the proposed
design and existing buildings in the surrounding area.

3. Building materials should be high quality, durable, authentic to the architectural style,
and applied in a quality fashion.

4. If stucco is used it should have a smooth finish. Sand and lace stucco finishes should
be avoided.

5. Lighting should be selected to provide ambiance, safety, and security, without
unnecessary spillover or glare.

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City of Newport Beach, CA § 20.28.060 NEWPORT BEACH CODE § 20.28.070

6. Building owners and tenants should keep the building exteriors and facades clean and
in good repair.

G. Subdivisions. Projects that include a subdivision shall adhere to the following criteria in order to ensure the provision of enhanced project design features:

1. Overall Lot Setbacks. The Multiple Residential (RM) Zoning District setback
requirements are applicable to the overall development lot.

2. Primary Structure Front Setback. The minimum setback for primary structures is
twenty-five (25) feet from any front property line abutting a public street.

3. Street Enhancements. A landscaped area is required within the first fifteen (15) feet
of the front setback, and shall include trees, shrubs, and ground cover. Fences, walls,
or hedges are allowed beyond the fifteen (15) foot front landscape setback.

4. Side Landscape Setback. A minimum five-foot landscape setback is required from
any side property line abutting a public street, and shall include trees, shrubs, and
ground cover. Fences, walls, or hedges are allowed beyond the five-foot setback.

5. Public Sidewalks. Sidewalks are required to be a minimum width of eight feet. A
meandering sidewalk design is preferred for lots greater than three hundred (300) feet
in width and must be designed to be compatible with abutting properties.

6. Common Open Space. A minimum of one hundred (100) square feet of common open
space per unit is required, not including pathways, and must be dedicated to
recreational amenities.

7. Recreational Amenities. Recreational amenities are required and may include a
recreation building, seating areas, barbecue/grill, fire pit/fireplace, swimming pool/
spa, bicycle racks/storage, activity area (such as playing field/lawn, sport court,
horseshoe pit, playground, etc.), or similar amenities.

8. Additional Guest Parking. Where limited off-site, on-street parking is available, guest
parking is required above the code requirement and must be distributed throughout
the site.
(Ord. 2015-12 § 3, 2015)

A. Applicability. This section applies to encroachments for residential properties identified as VE 13 or VE 15 on the Federal Emergency Management Agency’s “Flood Insurance Study (FIS) for Orange County, California and Incorporated Area” revised March 21, 2019. For purposes of this section, “encroachments” are limited to balconies, decks, landings, patios, platforms, porches, steps, raised walkways, or terraces required for access. With the exception of the encroachments authorized herein, all development shall comply with the applicable residential development standards (e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth in the NBMC. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this section related to encroachments, the standards related to encroachments in this section shall apply.

The encroachments allowed by this section shall only apply when the project is required

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City of Newport Beach, CA § 20.28.070 PLANNING AND ZONING § 20.28.070

to comply with Chapter 15.50 (Floodplain Management) for residential properties where
the structure is required to raise the foundation above the design flood elevation. Nothing
in this section shall be construed to constitute a waiver of, or exclusion from, the building
standards set forth in Chapter 15.50 (Floodplain Management).

B. Allowed Encroachments in Side and Rear Setbacks. An encroachment may be located
within a required side or rear setback area other than those abutting an alley subject to the
following restrictions:

1. Access to the side yard setback shall comply with Section 20.30.110(A)(1)(c) (Access
to Side Setback Area).

2. For interior lots, the encroachment may be located in one or more side or rear setback
and may extend to the property line abutting the side or rear setback. Encroachments
in an interior side or rear setback may only be permitted to the minimum extent
necessary to provide access to the dwelling from both the front and the rear of the
property.

3. For corner lots, the encroachment may be located in the interior side or rear setback.
Encroachments in a side or rear setback facing a street may only be permitted to the
minimum extent necessary to provide access to the dwelling from both the front and
the rear of the property. The encroachment shall comply with all other development
standards of the underlying zoning district including Section 20.30.130 (Traffic
Safety Visibility Area).

4. Excluding required guardrails or handrails, the finished surface of the encroachment
shall not exceed six inches above the finished floor of the dwelling unit(s).

5. Guardrails and handrails in the side and rear setback shall be constructed of either
transparent material (except for supports) or opaque material (e.g., decorative
grillwork, wrought iron, lattice-work, or similar materials) so that at least forty (40)
percent of the guardrail or handrail is open. Handrails and guardrails shall not exceed
the minimum height requirements set forth in the California Building Code for safety
purposes.

C. Allowed Encroachments in Front Setbacks. Encroachments may be located within a
required front setback area subject to the following restrictions:

1. For interior and corner lots, one set of access stairs from the grade level to the first
elevated floor is allowed to encroach up to three feet into the front setback. Excluding
the required guardrails or handrails, the finished surface of the encroachment shall not
exceed six inches above the finished floor of the dwelling unit(s). Encroachments are
subject to compliance with all other development standards of the underlying zoning
district including Section 20.30.130 (Traffic Safety Visibility Area).

a. Corner lots shall be developed in a manner that ensures visibility across the
corners of the intersecting streets, alleys, sidewalks, private driveways, and the
Ocean Front Boardwalk. Notwithstanding the requirements of this subsection
(C), no encroachment over thirty (30) inches in height from existing grade shall
be located within the traffic visibility triangle (i.e., the triangular-shaped area on
a corner lot formed by measuring the five feet from the intersection of the front
and street side property lines adjacent to the Ocean Front Boardwalk).

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City of Newport Beach, CA § 20.28.070 NEWPORT BEACH CODE § 20.28.070

b. Improvements or structures that exceed the allowable height limit for visibility
in the traffic safety visibility area may be approved by the City Traffic Engineer
if he/she determines that the location and/or height of the existing or proposed
improvement or structure, or other obstruction, allows for the unobstructed view
of oncoming traffic including bicyclists and pedestrians by a driver, bicyclist, or
pedestrian approaching an intersection.

2. Guardrails and handrails in the front setback shall be constructed of either transparent
material (except for supports) or opaque material (e.g., decorative grillwork, wrought
iron, latticework, or similar materials) so that at least forty (40) percent of the
guardrail or handrail is open. Handrails and guardrails shall not exceed the minimum
height requirements set forth in the California Building Code for safety purposes.

D. Third Floor Limitations. All residential structures shall comply with Section 20.48.180
(Residential Development Standards and Design Criteria). For purposes of determining the
number of floors within the principal structure, the garage shall be considered the first
level. In the case of a split-level design, the Director shall determine which portions of the
split-level structure shall constitute a third floor for the purpose of implementing Section

(2023-10 § 1 (Exh. A § 3), 2023; Ord. 2025-32 § 1 (Exh. A § 3), 2025)

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City of Newport Beach, CA § 20.30.010 PLANNING AND ZONING § 20.30.020

Part 3

Site Planning And Development Standards