Chapter 20.30 — PROPERTY DEVELOPMENT STANDARDS

The purpose of this chapter is to ensure that development is consistent with the General Plan, complies with the standards of this chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

The standards of this chapter apply to all zoning districts. These standards shall be considered in combination with the standards for each zoning district in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and Part 4 of this title (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the zoning district or specific land use shall override these general standards.

All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the Director. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas. Multi-unit residential and nonresidential land uses shall comply with the requirements of this section.

A. Roof-Mounted and Ground-Mounted Mechanical Equipment.

1. Screening Required. The screening of roof-mounted and ground-mounted mechanical
equipment is required in all zoning districts at the time of new installation or
replacement. Roof-mounted and ground-mounted mechanical equipment (e.g., air
conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa
pumps and filters, transformers and generators, and similar equipment, but excluding
solar collectors and related equipment), shall be screened from public view and
adjacent residential districts, and shall comply with the requirements below.

2. Roof-Mounted Mechanical Equipment.

a. Screening. Roof-mounted mechanical equipment shall not be visible in any
direction (360 degrees) from a public right-of-way or adjacent residential
property, as may be seen from a point six feet above ground level. In addition,
screening of the top of roof-mounted mechanical equipment may be required by
the Director, if necessary to protect views from a residential zoning district
located at a higher elevation.

b. Height Limit. Roof-mounted mechanical equipment and screening shall be
subject to the height limitations of Part 2 of this title (Zoning Districts,
Allowable Land Uses, and Zoning District Standards) and any height limit
exceptions in Section 20.30.060 (Height Limits and Exceptions).

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City of Newport Beach, CA § 20.30.020 NEWPORT BEACH CODE § 20.30.020

c. Screening Methods. Screening of roof-mounted equipment shall be
accomplished with mechanical roof wells recessed below the roof line or by
solid and permanent roof-mounted screens. Screening shall be compatible with
the architectural style, materials, and color of the building upon which the
equipment is located, subject to the approval of the Department.

3. Ground-Mounted Mechanical Equipment.

a. Screening. Ground-mounted mechanical equipment shall be screened from any
public rights-of-way and/or public property as seen from a point six feet above
ground level.

b. Setback Required. Ground-mounted mechanical equipment and screening, except landscaping, shall be subject to the setback requirements of Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) and any allowed encroachments in Section 20.30.110 (Setback Regulations and Exceptions).

c. Screening Methods. Screening of ground-mounted mechanical equipment shall
be accomplished with fences, walls, solid hedges, or other methods approved by
the Department. Chain link fencing with or without slats is not allowed.

4. Sound Rating. Roof-mounted and ground-mounted mechanical equipment shall be
subject to Section 10.26.025 (Exterior Noise Standards).

5. Mixed-Use and Commercial Zoning Districts. Mechanical equipment within mixed-
use or commercial zoning districts shall be located so that the impact of noise on
residential uses within the development and on adjacent residential uses is minimized
to the greatest extent feasible in compliance with Section 10.26.025 (Exterior Noise
Standards).

6. Maintenance Required. Screening shall be maintained in good condition at all times.
Landscaping used as screening shall provide a dense, year-round screen.

7. Exception to Screening Requirement. Where it can be clearly demonstrated that the
exterior roof-mounted or ground-mounted mechanical equipment is not visible from
any public right-of-way, public property, or residential property in a residential
zoning district, the Director may waive the screening requirements of this section.

B. Outdoor Storage Areas. Where equipment, material, or merchandise is allowed to be stored
outdoors these items shall be screened from public view and adjacent residential districts
with fences, walls, solid hedges, or other methods approved by the Department. Chain link
fencing with or without slats is not allowed.

C. Solid Waste Storage Areas. Screening of solid waste storage areas and trash receptacles
shall be provided in compliance with the requirements of Section 20.30.120 (Solid Waste
and Recyclable Materials Storage).

D. Screening and Buffering Between Different Zoning Districts.

1. Nonresidential Use. Where a nonresidential zoning district abuts a residential zoning
district, a solid masonry wall a minimum of six feet in height shall be required.

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City of Newport Beach, CA § 20.30.020 PLANNING AND ZONING § 20.30.040

2. Industrial Use. Where an industrial zoning district abuts a residential zoning district, a solid masonry wall a minimum of eight feet in height shall be required. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) § 20.30.030. (Reserved) Reserved. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section provides standards for the provision of fences, hedges, walls, and retaining walls.

A. Maximum Height Allowed.

1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown
in Table 3-1.

TABLE 3-1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS

Location Maximum Height

Front setback areas. 42 inches. See subsection (B) of this
section.

Rear and interior side setback areas. 6 feet in residential and commercial
zoning districts.
8 feet in industrial zoning districts
adjacent to residential uses.

Setback areas abutting or adjacent to the 42 inches from existing grade prior to
waterfront of Newport Bay, the construction. Setback areas on Balboa
shoreline of the Pacific Ocean, the Old Island and Little Balboa Island that are
Channel of the Santa Ana River (the abutting or adjacent to Newport Bay are
Oxbow Loop), or the channels in West regulated by subsection (B) of this
Newport. section.

At intersections of streets, alleys and See Section 20.30.130 (Traffic Safety
driveways within traffic sight areas. Visibility Area).

2. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured
from finish grade at the base of the wall, not including any required guardrails. A
minimum horizontal separation equal to the height of the tallest retaining wall shall
be provided between retaining walls, except that the required separation shall not be
more than six feet. The above requirements shall not apply to retaining walls that are
an integral part of principal structures. An increase in the height of a retaining wall
may be requested in compliance with Section 20.52.050 (Modification Permits).

B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island,
Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay
Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to
a height of five feet; provided, that any portion of the fence or wall above two feet shall be

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City of Newport Beach, CA § 20.30.040 NEWPORT BEACH CODE § 20.30.040

constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1.

C. Exceptions to Maximum Height.

1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front
setback area is more than twenty-four (24) inches above the adjacent sidewalk (or
curb elevation where no sidewalk exists), a maximum twenty-four (24) inch high
retaining wall shall be allowed to be located at the front property line. Additional
retaining walls shall be allowed to a maximum height of thirty-six (36) inches each,
provided they are set back a minimum distance of twenty-four (24) inches from the
inward face of the previous retaining wall. Additional retaining walls shall be subject
to the same limitation. A maximum forty-two (42) inch guardrail shall be allowed
atop the uppermost retaining wall for safety purposes, provided the guardrail is
constructed of open grillwork, wrought iron, latticework, pickets, or similar materials
so that at least forty (40) percent of the fence is open. See Figure 3-1.

2. Decorative Fence/Wall Details and Lights.

a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be
placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts,
etc.), provided they are secure and do not extend more than twelve (12) inches
above the maximum allowed height.

b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar
items) and light fixtures shall be limited to not more than one item or fixture for
every six lineal feet of fence or wall.

3. Fencing for Pools and Spas.

a. Swimming pools, spas, and other similar features shall be fenced in compliance
with Title 15.

b. Fencing and guardrails for ponds, spas, and swimming pools located in a front
setback area or in the rear and side setback areas regulated as front setback areas
on lots with forty-two (42) inch height limitations may be allowed to exceed the
height limit in compliance with the following standards:

i. Fences shall be constructed of open grillwork, wrought iron, latticework,
pickets, or similar materials so that at least forty (40) percent of the fence
or wall is open. In lieu of the above, glass or Plexiglas may be allowed;
and

ii. Fence height shall be limited to the minimum required by Title 15.

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City of Newport Beach, CA § 20.30.040 PLANNING AND ZONING § 20.30.040

Figure 3-1
Grade Differential at Front Property Line

4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent
to nonresidential zoning districts or commercial alleys, fences, walls, or hedges may
be up to eight feet in height in required residential side yards for buffering and/or
sound attenuation.

5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD88 and
Where the Grade of the Lot Is Proposed to Be Increased. The height of fences and
walls within required side and rear yard setback areas may be increased provided the
height does not exceed six feet as measured from the proposed finished grade and

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City of Newport Beach, CA § 20.30.040 NEWPORT BEACH CODE § 20.30.050

nine feet as measured from the existing grade prior to construction. Additionally, the
height of fences or walls shall not exceed nine feet as measured from the existing
grade of an abutting lot. The portion of the fence or wall above six feet in height
from the existing grade prior to construction shall be constructed of open grillwork,
wrought iron, latticework, pickets, or similar materials so that at least sixty (60)
percent of the fence or wall is open or is constructed of a transparent material.

6. Hedges in Lido Isle. The maximum hedge height in the front setback area abutting
stradas in Lido Isle shall be five feet.

D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be
measured from the existing grade prior to construction at the location where the fence,
hedge, or wall is located.

E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar
materials shall not be allowed in residential zoning districts.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2012-11 § 1 (Exh. A), 2012; Ord. 2020-7 § 1,
2020)

This section provides regulations for establishing the slope and grade of a lot for the purpose of identifying the surface from which to measure structure height to be used in conjunction with the provisions of Section 20.30.060 (Height Limits and Exceptions).

A. Establishment of Slope. In order to determine which of the two methods to use to establish
the grade of the lot from which to measure structure height as provided in subsection (B)
of this section, it is first necessary to determine the slope of the lot as follows:

1. The slope of a lot shall be determined using a four-sided polygon that most closely
approximates the actual footprint of the proposed structure. The area of the four-sided
polygon shall not be smaller than the footprint of the proposed structure and shall be
located entirely within the buildable area of the lot (see Figure 3-2);

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City of Newport Beach, CA § 20.30.050 PLANNING AND ZONING § 20.30.050

Figure 3-2
Area for Determining Slope

2. The slope of the polygon shall be determined using the highest and lowest elevation
at any of the four corners of the polygon and the distance between the respective
corners;

3. If the location of the polygon selected by the applicant is not clearly representative of
the lot’s topography or representative of the prevailing slopes on adjoining lots
because of retaining structures or previous excavation/fill, the Director shall establish
the appropriate area to be used to determine the slope of the lot.

B. Establishment of Grade. The grade of a lot shall be established by one of the following
methods unless the Director establishes the grade in compliance with subsection (C) of this
section (Establishment of Grade by Director).

1. Subdivisions. If the City approves or has approved a grading plan in conjunction with
an approved subdivision, the established grade shall be the finished grade as shown
on the grading plan or final subdivision map.

2. Five Percent or Less Slope. On lots where the slope of the four-sided polygon is five
percent or less, the grade of the surface from which structure height is measured shall
be a plane established using the average of the elevations at each corner of the four-
sided polygon. Example: A + B + C + D = X; X/ 4 = Established grade elevation from
which to measure structure height.

3. More than Five Percent Slope.

a. On lots where the slope of the four-sided polygon is greater than five percent, the established grade from which structure height is measured shall be a plane established by determining the elevation of the lot at five evenly spaced points along each of the two side property lines and connecting each of the points along a side property line with the corresponding point on the opposite side property line.

b. The five evenly spaced points along each side property line shall be located so
that one point is located at the intersection of the front setback line with the side

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City of Newport Beach, CA § 20.30.050 NEWPORT BEACH CODE § 20.30.060

property line and another point is located at the intersection of the rear setback
line with the side property line. The other three points along the side property
line shall be located so that all five points are equidistant from each other (see
Figure 3-3).

Figure 3-3
Slope Greater than Five Percent

c. On lots that slope an average of twenty (20) percent or greater, or on irregularly
shaped or sloping lots, the Director may require that additional points of
elevation be provided.

C. Establishment of Grade by Director. If the Director finds that the existing grade on the
subject lot has been previously altered (e.g., contains retaining structures, property line
walls, planters, or excavation/fill), or other conditions are present to the degree that the
existing grade is not representative of the prevailing grades on adjoining lots and/or the
general area and, therefore, is not appropriate for the purpose of establishing the grade of
the subject lot, the Director may establish the grade that is reasonable and comparable with
the grades of adjoining lots and that will not be detrimental or injurious to property and
improvements on adjoining lots.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. This section establishes regulations for determining compliance with the maximum allowable height limits established for each zoning district by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).

B. Height of Structures and Measurement.

1. Structure Height Established. Structures shall not exceed the maximum allowable
height for the zoning district in which the structure is located, except as provided in
subsection (C) of this section (Increase in Height Limit) or subsection (D) of this

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City of Newport Beach, CA § 20.30.060 PLANNING AND ZONING § 20.30.060

section (Exceptions to Height Limits).

2. Height Measurement. Height shall be measured as the vertical distance from the
established grade of the pad to the highest part of the structure, including any
protective guardrails and parapet walls. Structures with sloping roofs shall be
measured to the highest peak of the roof. Structures with flat roofs shall be measured
to the top of the roof, guardrail, or parapet wall. The established grade of the pad shall
be determined by one of the methods identified in Section 20.30.050 (Grade
Establishment).

3. Flood Hazard Areas.

a. Finished First Floor Elevation. The minimum required top of slab elevation for
interior living areas of all new structures within flood hazard areas shall be as
established by the Flood Insurance Rate Maps recognized by the Building
Division as part of flood safety requirements and maps adopted by the Council.
Notwithstanding the building elevations established by the Flood Insurance Rate
Maps, the minimum required top of slab elevation for interior living areas of all
new structures shall be at least 9.00 (NAVD 88).

b. Height Measurement. The height of a principal structure shall be measured from
the top of slab elevation.

c. Accessory Structures.

i. The height of accessory structures, except fences, hedges, walls, and
retaining walls (see Section 20.30.040), shall be measured from existing
grade of the lot prior to construction.

ii. Exception: When a new principal building is required to have the top of slab constructed at elevation 9.00 NAVD88 and when the grade surrounding the new principal building is proposed to be increased, the height of accessory structures shall be measured from the proposed finished grade.

4. Structures on Ocean Boulevard. New structures and additions/changes to existing
structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be
constructed to a height greater than the elevation of the adjacent curb. The top of curb
height limit shall be established by a plane created by the extension of the top of curb
line across each lot.

C. Increase in Height Limit.

1. Procedure. The base height limits established in Part 2 of this title (Zoning Districts,
Allowable Land Uses, and Zoning District Standards) may be increased within
specified areas with the adoption of a Planned Community District, adoption of a
specific plan, or approval of a planned development permit, or site development
review. The maximum height limit is not guaranteed by right and shall require
approval of a discretionary action when all applicable findings are met in compliance
with subsection (C)(3) of this section (Required Findings). Height limits established
as part of an adopted planned community shall not be subject to this subsection.

2. Height Limit Areas. The height limit areas shall be as follows:

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City of Newport Beach, CA § 20.30.060 NEWPORT BEACH CODE § 20.30.060

a. R-A, R-1, R-BI, and R-2 Zoning Districts Height Limit Area. In this height limit
area the base height limit for structures with flat roofs is twenty-four (24) feet
(including guardrails and parapet walls) and the base height limit for structures
with sloped roofs is twenty-nine (29) feet. The height of a structure may be
increased up to a maximum of twenty-eight (28) feet with a flat roof or thirty-
three (33) feet with a sloped roof through the approval of a discretionary
application as provided above. This height limit applies in all R-A, R-1, R-BI,
and R-2 Zoning Districts as shown on the Zoning Map.

b. RM and RMD Zoning Districts Height Limit Area. In this height limit area the
base height limit for structures with flat roofs is twenty-eight (28) feet (including
guardrails and parapet walls) and the base height limit for structures with sloped
roofs is thirty-three (33) feet. The height of a structure may be increased up to a
maximum of thirty-two (32) feet with a flat roof or thirty-seven (37) feet with a
sloped roof through the approval of a discretionary application as provided
above. This height limit applies in all RM and RMD Zoning Districts as shown
on the Zoning Map. For properties located within the Height (H) Overlay
District, the height of a structure may be increased to a maximum of forty (40)
feet with a flat roof or forty-five (45) feet with a sloped roof pursuant to Section
20.28.060.

c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base
height limit for nonresidential and mixed-use structures with flat roofs is twenty-
six (26) feet and the base height limit for structures with sloped roofs is thirty-
one (31) feet. The height of a structure may be increased up to a maximum of
thirty-five (35) feet with a flat roof or forty (40) feet with a sloped roof through
the approval of a discretionary application as provided above. The shoreline
height limit shall apply to all nonresidential zoning districts and mixed-use
zoning districts within the boundaries of the Shoreline Height Limit Area shown
on the High Rise and Shoreline Height Limit Areas Map (See Map H-1, attached
to the ordinance codified in this title).

d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the
base height limit for nonresidential and mixed-use 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 discretionary application as provided above. This
height limit shall apply to all nonresidential, nonshoreline zoning districts and
mixed-use zoning districts within its boundaries. The nonresidential,
nonshoreline height limit area is identified as all of the area outside the
Shoreline Height Limit Area shown on the High Rise and Shoreline Height
Limit Areas Map (See Map H-1, attached to the ordinance codified in this title).

e. High Rise Height Area. In this height limit area, the maximum height limit shall
be three hundred (300) feet and no further increase to the maximum allowed
height is available. This height limit is applicable to all nonresidential zoning
districts within its boundaries as indicated on the High Rise and Shoreline
Height Limit Areas Map (See Map H-1, attached to the ordinance codified in
this title). Proposed projects within this height limit area shall comply with the
requirements of subsection (E) of this section (Airport Environs Land Use Plan

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City of Newport Beach, CA § 20.30.060 PLANNING AND ZONING § 20.30.060

for John Wayne Airport and Airport Land Use Commission Review
Requirements).

3. Required Findings. The review authority may adopt a Planned Community District,
adopt a specific plan, or approve a planned development permit or site development
review to allow an increase in the height of a structure above the base height only
after first making all of the following findings in addition to the findings required for
the discretionary permit application:

a. The project applicant is providing additional project amenities beyond those that
are otherwise required. Examples of project amenities include, but are not
limited to:

i. Additional landscaped open space;

ii. Increased setback and open areas;

iii. Enhancement and protection of public views; and

b. The architectural design of the project provides visual interest through the use
of light and shadow, recessed planes, vertical elements, and varied roof planes;

c. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed structure(s) and existing
adjacent developments or public spaces. Where appropriate, the proposed
structure(s) provides a gradual transition to taller or shorter structures on
abutting properties; and

d. The structure will have no more floor area than could have been achieved
without the approval of the height increase.

D. Exceptions to Height Limits.

1. Assembly and Meeting Facilities. Structures used as places of worship may be
allowed to exceed the height limit subject to the approval of a site development
review in compliance with Section 20.52.080. Where more than one structure exists
or is proposed for the site, only the principal structure shall be eligible for approval to
exceed the maximum height limit.

2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other
decorative rooftop features) of an open nature, but excluding guardrails, parapet
walls, and similar features, may be allowed up to the height limit for a sloped roof.
Architectural features with a height greater than that allowed for a sloped roof shall
be subject to the approval of a modification permit.

3. Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented
nonresidential use may be allowed to exceed the maximum height limit up to a
maximum operating height of seventy (70) feet, subject to the approval of a minor use
permit.

4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof-mounted vents shall be allowed to exceed the allowed height limits as follows: a. Chimneys may extend above the allowed height limit a maximum of two feet or

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City of Newport Beach, CA § 20.30.060 NEWPORT BEACH CODE § 20.30.060

a greater height if required by the City’s Building Code;

b. Spark arrestors may extend above the top of a chimney a maximum of two feet,
provided they do not exceed a width of two feet and a length of four feet; and

c. Roof-mounted vents may extend above the allowed height limit a maximum of
twelve (12) inches or a greater height if required by the City’s Building Code.

5. Dormers. Dormers may be allowed to exceed the maximum height; provided, that:

a. The total width of the dormer that exceeds the height limit shall not be greater
than thirty-five (35) percent of the length of the side of the structure where the
dormer is located;

b. The roof pitch of the dormer shall not be less than 2:12; and

c. The peak of the dormer shall not be higher than the peak of the roof on which it
is located.

6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings
may exceed the allowed height limit by the minimum height required by Title 15
(Building and Construction), provided they do not exceed thirty (30) square feet in
area, unless a larger elevator is required by Title 15 and/or the Fire Department. In
these instances, the area of the elevator or stair housing shall not exceed the minimum
size required by Title 15 and/or the Fire Department. Elevator shafts and enclosed
stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs
with a minimum 3/12 pitch.

7. Fences, Hedges, and Walls. Section 20.30.040 (Fences, Hedges, Walls, and Retaining
Walls) sets forth exceptions to height limits for these structures.

8. Flag Poles.

a. Ground-mounted flag poles shall be allowed in residential zoning districts to a
maximum height of twenty-eight (28) feet and in nonresidential zoning districts
to a maximum height of thirty-five (35) feet.

b. Flag poles mounted on tops of buildings located in nonresidential zoning
districts shall be allowed to exceed the maximum height limit by up to twenty
(20) feet.

9. Landmark Buildings. An alteration or addition to a landmark building shall be exempt from height limits; provided, that structural alterations or additions that exceed the height of the existing structure shall require approval of a site development review in compliance with Section 20.52.080 and shall not exceed a maximum of fifty-five (55) feet in height. The site development review may be approved only if all of the following findings are first made in addition to those findings identified in Section 20.52.080: a. The portion of the structural alteration or addition that exceeds the height of the existing structure does not significantly impact public views from public rights- of-way. b. The portion of the structural alteration or addition that exceeds the height of the

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City of Newport Beach, CA § 20.30.060 PLANNING AND ZONING § 20.30.070

existing structure will not be used in a manner that increases the intensity of the
use of the landmark building.

c. The allowed height of the landmark building will not be detrimental to the
health, safety, peace, comfort, or general welfare of persons residing or working
in the neighborhood of the landmark building.

10. Light Standards. Light standards may be allowed to exceed maximum height limits,
subject to the approval of a site development review in compliance with Section

Section 20.30.070 (Outdoor Lighting).

11. Mechanical Equipment.

a. Nonresidential Zoning Districts. In nonresidential zoning districts, roof-
mounted mechanical equipment, totaling not more than thirty (30) percent of the
total roof area, including required screening devices, shall be allowed to exceed
the maximum height limit by up to five feet.

b. Residential Zoning Districts. In residential zoning districts, roof-mounted
equipment is not allowed to exceed the maximum height limit for the zoning
district.

12. Solar Equipment. The height limit regulations in this Zoning Code do not apply to
equipment and panels used for the production of solar energy.

13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed
the maximum height limit by up to six inches on conforming roofs.

E. Airport Environs Land Use Plan (AELUP) for John Wayne Airport and Airport Land Use
Commission (ALUC) Review Requirements.

1. AELUP Requirements.

a. Buildings and structures shall not penetrate Federal Aviation Regulation (FAR)
Part 77, Obstruction—Imaginary Surfaces, for John Wayne Airport unless
approved by the Airport Land Use Commission (ALUC).

b. In compliance with FAR Part 77, applicants proposing buildings or structures
that penetrate the 100:1 Notification Surface shall file a Form 7460-1, Notice of
Proposed Construction or Alteration with the FAA. A copy of the FAA
application shall be submitted to the ALUC and the applicant shall provide the
City with FAA and ALUC responses.

2. Citywide Requirements. Development projects that include structures higher than two
hundred (200) feet above existing grade shall be submitted to the Airport Land Use
Commission (ALUC) for review. In addition, projects that exceed a height of two
hundred (200) feet above existing grade shall file Form 7460-1 with the Federal
Aviation Administration (FAA).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2012-11 § 1 (Exh. A), 2012; Ord. 2015-12 § 4,
2015)

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City of Newport Beach, CA § 20.30.070 NEWPORT BEACH CODE § 20.30.080

This section establishes outdoor lighting standards in order to reduce the impacts of glare, light trespass, overlighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures, and promote safety and encourage energy conservation.

A. General Outdoor Lighting Standards.

1. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and
maintained to shield adjacent properties and to not produce glare onto adjacent
properties or roadways. Parking lot light fixtures and light fixtures on buildings shall
be full cut-off fixtures.

2. Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited, except if approved as an accessory feature on a temporary
basis in conjunction with a special event permit.

3. A photometric study may be required as part of an application for a zoning clearance
if it is determined that there is potential for a negative impact to surrounding land uses
or sensitive habitat areas.

4. If in the opinion of the Director existing illumination creates an unacceptable negative
impact on surrounding land uses or sensitive habitat areas the Director may order the
dimming of light sources or other remediation upon finding that the site is excessively
illuminated.

B. Light Standards within Parking Lots. Light standards within parking lots shall be the
minimum height required to effectively illuminate the parking area and eliminate spillover
of light and glare onto adjoining properties and roadways. To accomplish this, a greater
number of shorter light standards may be required as opposed to a lesser number of taller
standards.

C. Outdoor Lighting Standards for Buildings, Statues, Other Manmade Objects, and
Landscapes. Spotlighting or floodlighting used to illuminate buildings, statues, signs, or
any other objects mounted on a pole, pedestal, or platform or used to accentuate
landscaping shall consist of full cut-off or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the object
intended to be illuminated to minimize glare, sky glow, and light trespass. The beam width
shall not be wider than that needed to light the feature with minimum spillover. The lighting
shall not shine directly into the window of a residence or directly into a roadway. Light
fixtures attached to a building shall be directed downward.

D. Outdoor Recreation/Entertainment Areas. Sports courts and similar facilities used for
outdoor recreation or entertainment, located within a residential zoning district or closer
than two hundred (200) feet to the boundary of a residential zoning district, shall not be
lighted unless a minor site development review has been approved in compliance with
Section 20.52.080 (Site Development Reviews).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section establishes standards for the regulation of noise levels to protect the health, safety,

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City of Newport Beach, CA § 20.30.080 PLANNING AND ZONING § 20.30.080

and welfare.

A. Compliance with Noise Control Provisions. All land uses and their associated activities
shall comply with the provisions of this section and Chapters 10.26 (Community Noise
Control) and 10.28 (Loud and Unreasonable Noise).

B. Acoustical Study. The Director may require the preparation of an acoustical study in
instances where the Director determines that a project may expose existing or proposed
noise-sensitive land uses to noise levels exceeding the standards specified in Chapter 10.26
or 10.28.

C. Noise Exposure Verification for New Development. Applicants for projects located in
areas projected to be exposed to a CNEL of sixty (60) dBA and higher may conduct a field
survey, noise measurements, or other noise modeling analysis in a manner acceptable to
the Director to provide evidence that the noise contours identified in the Noise Element of
the General Plan do not adequately account for local noise exposure circumstances due to
topography, variation in traffic speeds, or other conditions. These findings shall be used to
determine the level of required noise attenuation methods and the feasibility of mitigation.

D. Deliveries, Loading, and Unloading. Deliveries, loading, unloading, opening/closing or
other handling of boxes, crates, containers, building materials, trash receptacles, or similar
objects within a nonresidential zoning district shall not be allowed between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m.
and 9:00 a.m. on Sundays and Federal holidays.

E. Noise Sensitive Land Uses.

1. New noise sensitive land uses that will be impacted by existing land use related noise
sources shall be required to mitigate the noise levels from those noise sources so that
the resulting noise levels on the proposed noise-sensitive land use(s) do not exceed
the standards in Chapter 10.26 (Community Noise Control).

2. Dedications of avigation easements in favor of the County of Orange may be required
when noise sensitive uses are proposed in the John Wayne Airport (JWA) Planning
Area, as established in the JWA Airport Environs Land Use Plan.

F. Residential Use Proximate to John Wayne Airport. Residential uses, including mixed-use residential, shall be allowed on parcels or sites wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan:

1. Prior to the issuance of any building permits for such development, a noise study shall
be prepared by a City-approved qualified acoustical consultant and submitted to the
Community Development Director for approval;

2. All new residential structures or the residential units within a mixed-use development
shall be attenuated to provide an interior noise level of 45 dBA CNEL or less;

3. The design of the residential portions of mixed-use projects and residential

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City of Newport Beach, CA § 20.30.080 NEWPORT BEACH CODE § 20.30.090

developments shall have adequate noise attenuation between adjacent uses and units
(common floor/ceilings) in accordance with the California Building Code;

4. New mixed-use developments shall incorporate designs with loading areas, parking
lots, driveways, trash enclosures, mechanical equipment, and other noise sources
away from the residential portion of the development;

5. Use of walls, berms, interior noise insulation, double-paned windows, advance
insulation systems, or other noise mitigation measures as deemed appropriate shall be
incorporated in the design of new residential to bring interior sound attenuation to 45
dBA CNEL or less;

6. Residential uses shall be indoor-oriented to reduce noise impingement on outdoor
living areas;

7. On-site indoor amenities, such as fitness facilities or recreation and entertainment
facilities, shall be encouraged; and

8. Advanced air filtration systems for buildings shall be considered to promote cleaner
air.

9. Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are needed for the City to satisfy its 6th Cycle RHNA mandate. Nonresidential uses are encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area.

G. Mitigation of Impacts. Noise mitigation measures may be required in conjunction with the
approval of an application for new development when a significant noise impact is
identified.

TABLE 3-2
SIGNIFICANT NOISE INCREASE

CNEL (dBA) dBA Increase

55 3

60 2

65 1

70 1

Over 75 Any increase is considered significant

H. Dedications of avigation easements in favor of the County of Orange may be required when
noise sensitive uses are proposed in the JWA Planning Area, as established in the JWA
AELUP.

I. New public parks in Noise Impact Zones 1 and 2 identified in the JWA AELUP shall be
required to post notifications to users regarding aircraft overflight and potential noise
impacts.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-20 § 1 (Exh. A), 2023)

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City of Newport Beach, CA § 20.30.090 PLANNING AND ZONING § 20.30.100

A. Applicability. In approving a development on a site with frontage along the bay that requires discretionary approval the review authority shall require the dedication of vertical and lateral public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources.

B. Standards. The following standards shall be applied to all lateral and vertical public access
easements:

1. Public access easements shall be a minimum of six feet in width;

2. Public access easements may be provided within required setback areas;

3. Signs shall be provided for the purpose of directing the public to the bay front access;
and

4. All dedicated public access easements shall be recorded with the Orange County
Recorder’s Office in a manner satisfactory to the Director of Public Works.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. This section provides regulations to preserve significant visual resources (public views) from public view points and corridors. It is not the intent of this Zoning Code to protect views from private property, to deny property owners a substantial property right or to deny the right to develop property in accordance with the other provisions of this Zoning Code.

B. Applicability. The provisions of this section shall apply only to discretionary applications
where a project has the potential to obstruct public views from public view points and
corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean,
Newport Bay and Harbor, offshore islands, the Old Channel of the Santa Ana River (the
Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures,
parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive
open space.

C. Initial Evaluation. Discretionary applications involving a project site adjacent to an
identified public view point or corridor shall be reviewed to evaluate the development’s
potential to impact public views.

D. Visual Impact Analysis. Where a proposed development has the potential to obstruct a
public view(s) from a identified public view point or corridor, as identified on General Plan
Figure NR 3 (Coastal Views), a view impact analysis may be required by the Department.
The view impact analysis shall be prepared at the project proponent’s expense. The analysis
shall include recommendations to minimize impacts to public views from the identified
public view points and corridors while allowing the project to proceed while maintaining
development rights.

E. Landscape Standards. Landscape improvements shall be installed and maintained to ensure
that landscape materials do not unnecessarily obstruct public views at maturity.
Landscaping at the edges of roads from which there is an identified public view should be
designed, planted and maintained to frame and accent public views.

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City of Newport Beach, CA § 20.30.100 NEWPORT BEACH CODE § 20.30.110

F. Other Development Features. Freestanding signs, rooftop equipment, antennas, and other
project features shall be designed and sited to ensure they minimize impacts to public
views.

G. View Protection Easement. The review authority may require applicants to provide public
view protection easements to protect public views.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards.

A. Setback Requirements.

1. Structures.

a. Principal Structures. Principal structures shall conform with the setback
requirements established for:

i. Each zoning district in Part 2 of this title (Zoning Districts, Allowable
Land Uses, and Zoning District Standards);

ii. Any specific uses identified in Part 4 of this title (Standards for Specific
Land Uses);

iii. Any special setback areas established in Section 20.28.040 (Bluff (B)
Overlay District); and

iv. Any special setback areas established in Titles 9 and 15.

b. Access to Dwellings. On residential lots wider than thirty (30) feet, if the
primary entrance to a single- or two-unit dwelling faces a side setback area the
entry door shall be set back a minimum of five feet from the side property line
and a three-foot-wide unobstructed walkway shall be provided up to a minimum
height of eight feet between the primary entrance and the public street or alley.

c. Access to Side Setback Area. On residential lots, regardless of the setback area
encroachments allowed by this subsection, a minimum thirty-six (36) inch wide
passageway shall be maintained within at least one side setback area adjacent to
the principal structure in compliance with the following:

i. The passageway shall be free of any encroachments or obstructions from
ground level to a height of eight feet, including mechanical equipment, and
other items attached to, or detached from, the principal structure;

ii. Fences and walls located immediately adjacent to the property line may
encroach up to six inches. No reduction or modification to this requirement
shall be allowed; and

iii. The opposite side setback area may have encroachments allowed by this
subsection.

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City of Newport Beach, CA § 20.30.110 PLANNING AND ZONING § 20.30.110

d. Accessory Structures. All accessory structures shall comply with the setback
requirements established for:

i. Accessory structures in subsection (D)(2) of this section (Accessory Structures) and any allowed encroachments; and

ii. Any special setback areas established in Titles 9 and 15.

2. Setback Areas to Be Open. Each required setback area shall be open and unobstructed
from the ground upward, except as provided in this section.

B. Location and Measurement of Setbacks. Setbacks shall be located and measured as follows:

1. General.

a. Measure at Right Angles. The distance/depth of a setback area (i.e., front, side,
or rear) shall be measured at right angles from the nearest property line
establishing a setback area line parallel to that property line.

b. Future Street Right-of-Way. Whenever a future street right-of-way line is
officially established, required setback areas shall be measured at right angles
from the established future right-of-way line(s).

2. Front Setback Area.

a. General. The front setback area shall extend across the entire width of the lot
frontage.

b. Corner Lots. The front setback area for a corner lot shall be the required distance
parallel to the shortest property line adjoining the street.

3. Side Setback Area. The side setback area shall be established by a line parallel with
the side property line and extending between the front and rear setback areas.

4. Street Side Setback Area. The side setback area on the street side of a corner lot shall
be established by a line parallel with the side property line adjoining the street and
extending between the front and rear setback areas.

5. Rear Setback Area.

a. General. The rear setback area shall extend across the entire width of the rear of
the lot.

b. Irregularly Shaped Lots. Where the side lot lines converge to a point at the rear of the lot and make an angle ninety (90) degrees or less, a line ten (10) feet long within the lot, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. Where the angle created by the convergence of two side lot lines at the rear of the lot is greater than ninety (90) degrees, a line ten (10) feet long measured from the point of convergence and perpendicular to the front lot line shall establish the location of the required rear setback line. See Figure 3-4 (Rear Setback Areas on Irregularly Shaped Lots).

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City of Newport Beach, CA § 20.30.110 NEWPORT BEACH CODE § 20.30.110

Figure 3-4
Rear Setback Areas on Irregularly Shaped Lots

C. Alternative Setback Area Location. In cases where the orientation of an existing lot and the
application of the setback area are not consistent with the character or general orientation
of other lots in the vicinity, the Director may redefine the location of the front, side, and
rear setback areas to be consistent with surrounding properties. The reorientation of setback
areas is not applicable to the Bluff Overlay District.

D. Allowed Encroachments into Setback Areas. Encroachments into required setback areas
are allowed in compliance with the standards in this subsection, except as provided in
subsection (D)(1) of this section.

1. General Regulations.

a. Setbacks on Setback Maps. Notwithstanding any requirements in this section,
all setback areas identified on the setback maps shall be regulated as front
setback areas.

b. Bluff Overlay. The encroachments allowed by this subsection shall not apply to
designated bluff setback areas. Refer to Section 20.28.040 (Bluff (B) Overlay
District) for setback regulations and encroachments.

c. Alleys. No encroachments at the ground level are allowed within the required

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City of Newport Beach, CA § 20.30.110 PLANNING AND ZONING § 20.30.110

rear setback area of a lot abutting an alley. Rear setback areas abutting alleys shall be kept clear of obstructions.

d. Waterfront Areas. Allowed encroachments into required setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa Ana River (the Oxbow Loop), or the channels in West Newport shall not exceed a height of forty-two (42) inches above the existing grade.

e. Traffic Safety Visibility Areas. See Section 20.30.130 for restrictions on
encroachments into traffic safety visibility areas.

f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this
subsection shall apply to properties within the VE Overlay except as modified
by Section 20.28.070 (VE Overlay). Refer to Section 20.28.070 (VE Overlay)
for setback regulations and additional authorized encroachments.

2. Accessory Structures.

a. Accessory structures, including housings for mechanical equipment, not more
than six feet in height and totaling no more than one hundred fifty (150) square
feet per structure, may be located within a required side or rear setback area
other than a rear setback area abutting an alley.

b. Arbors, trellises, and similar garden structures may be allowed to encroach into
required front, side, and rear setback areas subject to the following limits:

i. The maximum footprint of the structure shall not exceed sixteen (16)
square feet; and

ii. The maximum height of the structure shall not exceed nine feet.

c. Display areas for new motor vehicles associated with an allowed vehicle sales
facility may encroach into a required front or street side setback area, provided
a setback of at least two feet is maintained from the street adjacent property line.

d. Fences, hedges, and walls may be established within required setback areas in
compliance with the requirements of Section 20.30.040 (Fences, Hedges, Walls,
and Retaining Walls).

e. Decks, landings, patios, platforms, porches, steps, and terraces, and similar
structures not more than eighteen (18) inches in height measured from the
existing grade may be located within a required side or rear setback area other
than those abutting an alley.

3. Architectural Features.

a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30) inches into a required front, side, or rear setback area, including required third floor front or rear setbacks; provided, that no architectural feature shall project closer than twenty-four (24) inches from a side property line and a minimum vertical clearance of at least eight feet above grade is maintained.

b. Decorative architectural features (e.g., belt courses, ornamental moldings,

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City of Newport Beach, CA § 20.30.110 NEWPORT BEACH CODE § 20.30.110

pilasters, and similar features) may encroach up to six inches into a required
setback area.

4. Awnings and Canopies. Awnings and canopies may encroach into required setback
areas up to a maximum of five feet subject to the following limits.

a. Residential Districts.

i. Front: one-half the depth of the required front setback area.

ii. Side: zero feet, except over doors up to twenty-four (24) inches from
property line, maximum width shall not exceed the standard width of a
door plus twelve (12) inches.

iii. Rear: two and one-half feet.

iv. Vertical clearance: six and one-half feet above grade.

b. Nonresidential Districts, Including Mixed-Use Districts.

i. Front: one-half the depth of the required front setback area.

ii. Side: two feet.

iii. Rear: one-half the depth of the required rear setback area.

iv. Vertical clearance: eight feet above grade.

5. Balconies Abutting East Ocean Front and West Ocean Front.

a. Balconies may encroach up to a maximum of thirty-six (36) inches into a
required front setback area along East Ocean Front and West Ocean Front.
Balcony railings shall not exceed a maximum height of forty-two (42) inches
and shall be constructed of either transparent material (except for supports) or
opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar
open materials) so that at least forty (40) percent of the railing is open.

b. Balconies shall be cantilevered so that no underlying support is necessary. Roofs
over balconies shall not be allowed to encroach into required front setback areas
except as provided in subsection (D)(3) of this section (Architectural Features).

6. Bay Windows and Greenhouse Windows. Bay windows and greenhouse windows shall be allowed to encroach into required setback areas subject to the following limits: a. No more than two bay windows or green-house windows shall be allowed to encroach into any one setback area; b. Bay windows and greenhouse windows shall not exceed eight feet in width or ten (10) feet in height within the area of encroachment; c. Bay windows and greenhouse windows shall be cantilevered and shall be designed to preclude use as a door or entry; d. The exterior bottom surface of a bay window or greenhouse window shall be

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City of Newport Beach, CA § 20.30.110 PLANNING AND ZONING § 20.30.110

elevated a minimum of eighteen (18) inches above the adjacent finished interior
floor surface at the required building setback line;

e. Encroachments into required setback areas shall be limited as follows:

TABLE 3-3
ENCROACHMENTS

Allowed
Standard Encroachment Additional Regulations

Front setback (4 ft. to less than 10 ft.): 16 in.

Front setback (10 ft. or more): 2 ft.

Side setback: 2 ft. Limited to first floor only.
The encroachment shall be at
least twenty-four (24) inches
from the side property line.

Rear setback: 2 ft. Not allowed when the rear
property line abuts an alley.

Distance between detached structures: 2 ft.

7. Fireplaces, Barbecues, and Chimneys—Attached.

a. Front and Rear Setback Area. Fireplaces, barbecues, and chimneys attached to
the principal structure that are less than nine feet in width may encroach up to
two feet into a required front or rear setback area that is ten (10) feet or greater
in depth.

b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that are less than nine feet in width may encroach up to thirty (30) inches into a required side setback area; provided, that the encroachment shall be at least twenty-four (24) inches from the side property line.

8. Fireplaces and Barbecues—Freestanding.

a. Front Setback Area. Freestanding fireplaces (gas only) and barbecues with a
maximum height of forty-two (42) inches (not including the barbecue hood)
shall be allowed to encroach into the required front setback area, provided the
total length of the barbecue and counter does not exceed six feet.

b. Side and Rear Setback Area. Freestanding fireplaces (gas only) and barbecues
with a maximum height of six feet shall be allowed to encroach into the required
side or rear setback area, provided a minimum thirty-six (36) inch clear path of
travel is maintained adjacent to any habitable structures.

9. Garages and Carports for Duplexes. Where three parking spaces are located in
garages or carports across the rear of a lot that is less than thirty (30) feet ten (10)
inches wide, one garage/carport wall or support may encroach into the side setback
area subject to the following:

a. Distance to Property Line. The distance from the garage wall or carport support

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City of Newport Beach, CA § 20.30.110 NEWPORT BEACH CODE § 20.30.120

to the nearest side property line shall be not less than twenty-six (26) inches
plus the amount that the width of the lot exceeds thirty (30) feet. The other side
setback area shall have a clear passageway a minimum of thirty-six (36) inches
wide, clear of any obstructions; and

b. Width of Garage/Carport. The width of each garage/carport shall not be greater
than the minimum required by Section 20.40.090 (Parking Standards for
Residential Uses).

10. Basement Walls. Basement walls that are located completely below grade may
encroach into a required setback area up to twelve (12) inches.

11. Light Standards. In nonresidential zoning districts, light standards used in conjunction
with the illumination of parking lots and walkways shall be allowed to encroach into
a required setback area, provided all of the requirements of Section 20.30.070
(Outdoor Lighting) are complied with.

12. Protective Railing. Protective railings around balconies and windows required by Title 15 may encroach up to six inches into a required setback area. 13. Second Stories Abutting Alleys. In residential districts having alleys to the rear of the lot or development site, a second story may be allowed to encroach into the required setback area subject to the following conditions and exclusions: a. Encroachments shall not extend closer than seven and one-half feet to the center of any alley; b. Encroachments shall not extend closer than two and one-half feet to the rear property line; c. That portion of the building that encroaches into the required rear setback area shall have a minimum ground clearance of eight feet; d. No encroachment shall be allowed on lots having a depth exceeding eighty-five (85) feet; and e. No encroachment shall be allowed on corner lots located at the intersection of two ten (10) foot wide alleys. 14. Shoring. Permanent or temporary shoring may encroach into a required setback area, provided it is located completely below finished grade and at least twelve (12) inches from any property line. 15. Swimming Pools/Spas. Swimming pools, spas, and other similar devices/equipment that are placed directly upon the existing grade and are less than forty-two (42) inches in height may be located within a required front, side, or rear setback area other than those abutting an alley. 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 20.48.200 (Accessory Dwelling Units). (Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-15 §§ 2—7, 2015; Ord. 2017-11 § 4, 2017; Ord. 2023-10 § 1 (Exh. A § 4), 2023; Ord. 2025-32 § 1 (Exh. A § 4), 2025)

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City of Newport Beach, CA § 20.30.120 PLANNING AND ZONING § 20.30.120

A. Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, California Public Resources Code Section 42900) and Chapters 6.04 and 6.06.

B. Applicability.

1. New Developments. All new development projects requiring a building permit shall
provide adequate, enclosed areas with solid roofs for collecting and loading solid
waste and recyclable materials.

2. Existing Developments Undergoing Alterations. An existing development that is
undergoing alterations, including remodeling and additional floor area, shall provide
adequate, accessible, and convenient enclosed areas with solid roofs for collecting
and loading solid waste and recyclable materials in compliance with this section to
the greatest extent possible as determined by the Director.

C. Multi-Unit Projects. Multi-unit residential projects with five or more dwelling units shall
provide enclosed refuse and recyclable material storage areas with solid roofs in
compliance with the requirements provided in Table 3-4.

TABLE 3-4
MULTI-UNIT DEVELOPMENT
MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.)

Number of
Dwelling Units Refuse Recycling Total Area

5—6 16 16 32

7—15 24 24 48

16—25 48 48 96

26—50 96 96 192

51—75 144 144 288

76—100 192 192 384

101—125 240 240 480

126—150 288 288 576

151—175 316 316 672

176—200 384 384 768

201+ Every additional 25 dwellings shall require an additional 100 sq.
ft. for solid waste and 100 sq. ft. for recyclables.

D. Nonresidential Projects. Nonresidential projects within all zoning districts shall provide
enclosed refuse and recyclable material storage areas in compliance with the minimum
storage area requirements provided in Table 3-5. These requirements apply to each
individual structure. Food service uses may require additional enclosed storage areas as

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City of Newport Beach, CA § 20.30.120 NEWPORT BEACH CODE § 20.30.120

determined by the review authority.

TABLE 3-5
NONRESIDENTIAL STRUCTURES
MINIMUM STORAGE AREAS REQUIRED (SQ. FT)

Structure Floor Area
(Sq. Ft.) Refuse Recycling Total Area

0—5,000 16 16 32

5,001—10,000 24 24 48

10,001—25,000 48 48 96

25,001—50,000 96 96 192

50,001—75,000 144 144 288

75,001—100,000 192 192 384

100,001+ Every additional 25,000 sq. ft. shall require an additional 48
sq. ft. for solid waste and 48 sq. ft. for recyclables.

E. Development Standards for Nonresidential and Multi-Unit Projects. Solid waste storage
area(s) shall:

1. Comply with the dimension, capacity, and number requirements in this subsection
and shall be adequate in distribution to serve the development project;

2. Include an adequate number of bins and containers located within the enclosed
storage areas to allow for the collection and loading of solid waste and recyclable
materials generated by the development project;

3. Include a sign that is permanently posted or painted on each container clearly
identifying the container type and the name and telephone number of the company
responsible for maintaining the containers;

4. Be appropriately located, enclosed, have a solid roof, and be screened from public
rights-of-way and/or public property as seen from a point six feet above ground level.
Screening shall consist of solid masonry walls, metal gates, and landscaping;

5. Be compatible with the surrounding structures and land uses;

6. Be properly secured to prevent access by unauthorized persons, while allowing
authorized persons access for disposal of materials;

7. Provide a concrete pad within the fenced or walled area(s) and a concrete apron,
which facilitates the handling of the individual bins or containers;

8. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and 9. Comply with National Pollutant Discharge Elimination System (NPDES) and Regional Water Quality Control Board (RWQCB) requirements.

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City of Newport Beach, CA § 20.30.120 PLANNING AND ZONING § 20.30.130

F. Location Standards for Nonresidential and Multi-Unit Projects. Refuse and recyclable
materials storage areas shall be located in the following manner:

1. Locations where recyclable materials are deposited, collected, and loaded shall be as
convenient as the locations where solid waste materials are deposited, collected, and
loaded. Wherever feasible, recycling areas shall be located adjacent to or combined
with solid waste collection areas.

2. Storage areas shall only be located:

a. Inside a specially designated structure; and

b. Outside required setback areas, parking spaces, and required landscaped areas.

3. Storage area(s) shall be accessible to residents and employees at all times. Storage
areas within multi-unit residential developments shall be located within two hundred
fifty (250) feet of an access doorway to the dwellings that they are intended to serve.

4. Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles utilized by the designated collector.

5. Storage areas shall not be closer than twenty (20) feet from doors or operable
windows of adjacent structures and property located in a residential zoning district.

G. Development and Location Standards for Residential Uses with One to Four Units.

1. Trash container storage areas shall be located out of view from public places and shall
not be located in required parking areas.

2. If trash container storage areas cannot be located out of public view they shall be
screened from public view. Screening shall consist of fences, walls, and landscaping
to a height at least six inches above the tops of the containers.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2019-15 § 10, 2019; Ord. 2023-22 § 905, 2023)

A. Visibility at Corners of Intersections Required. Corner lots in all zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways.

B. Traffic Safety Visibility Area Described. The traffic safety visibility area shall be described
as a triangular-shaped area on a corner lot formed by measuring the prescribed distance
from the intersection of the front and street side property lines, an intersecting alley, or an
intersecting driveway and connecting the lines diagonally across the property making a
triangular area. See Figure 3-5.

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City of Newport Beach, CA § 20.30.130 NEWPORT BEACH CODE § 20.30.130

Figure 3-5
Traffic Safety Visibility Area

C. Area of Traffic Safety Visibility Area. The dimensions of a traffic safety visibility triangle
shall be as follows and shall be subject to further review and approval of the City Traffic
Engineer:

1. City Standard 110-L shall apply at the intersection of public or private two street
rights-of-way and at the intersections of commercial driveways and streets;

2. Fifteen (15) feet from the intersection of a public or private street right-of-way and an
alley;

3. Ten (10) feet from the intersection of two alleys. See subsection (E) of this section;
and

4. Five feet from the corner of an intersecting street right-of-way and a driveway.

D. Height Limit. The following height limit requirements shall apply within a traffic safety
visibility area;

1. Fences, walls, signs, accessory structures, mounds of earth, or other visual
obstructions shall not extend above thirty (30) inches in height as measured from
adjacent finished grade;

2. Hedges, shrubbery, and vegetation shall be maintained to a height of twenty-four (24)
inches or less as measured from adjacent finished grade;

3. Only trees with single trunks are allowed and tree canopies shall be maintained at a
minimum height of seven feet above ground level, as measured from adjacent street
curb elevation.

E. Exemptions to Traffic Safety Visibility Height Limit.

1. Alleys. No above-ground improvements (e.g., fences, walls, accessory structures,
mounds of earth, vegetation and similar items) shall be allowed within the traffic
safety visibility area required at the intersection of two alleys.

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City of Newport Beach, CA § 20.30.130 PLANNING AND ZONING § 20.30.130

2. City Traffic Engineer Approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and/or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection including those with private driveways. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

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City of Newport Beach, CA § 20.32.010 PLANNING AND ZONING § 20.32.020