SEVEN KEY ZONING REGULATIONS FOR SINGLE FAMILY RESIDENTIAL LOTS (R-1) IN NEWPORT BEACH

Are you searching for a property in Newport Beach to build your dream home on? If so, having a general understanding of the zoning requirements is essential in selecting the perfect lot. Knowing the limitations of what you can and cannot build on a lot will give you realistic expectations for the possibilities of your future project. In the following paragraphs we will give a general description of what we feel are the key zoning code requirements for the typical R-1 single family residential lot in Newport Beach, California.

1. Height/Number of Stories

On R-1 lots there are two general types of height limitations that your project must conform to. These are based on roof pitch. The code specifies for flat roof designs, the maximum roof height is 24 feet above established grade (we will discuss how establish grade is defined below). Also, for flat roofs any parapets must be within the maximum height limit as well.

For sloped roof designs the maximum height above established grade can be 29 feet above established grade. The code defines sloped roofs as those with a pitch less than 3/12. The height is measured to the top of the highest peak. Depending on the aesthetic of the roof design the project will have to conform to one of these requirements.   

2. Parking spaces in garage

For homes less than 4,000 SQFT, the code only requires that two off-street parking spaces be provided. In other words you need a minimum of a two car garage. For homes over 4,000 SQFT the code requires three off-street parking spaces. 

For Accessory Dwelling Units, which will be discussed in more detail below, the parking requirements are as follows;

• One parking space required for one-bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms.

• Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley.

3 Maximum Floor Area Limit

A general rule for R-1 lots in Newport Beach as a whole is that the maximum floor area limit for your lot can be 2.0 times the buildable area of the lot. The buildable area is defined as the area of the lot minus the area of the setbacks. Specific areas have stricter requirements, for example R-1 lots in Corona Del Mar can have a maximum floor area limit of 1.5 times the buildable area of the lot. 

If you have plans for an exceptionally large home, we would recommend doing this quick calculation to see if the lot is capable of satisfying your goal. 

4. Establishment of Grade

Establishment of grade is important because this is elevation that your allowable building height will be measured from. If your maximum allowable building height is 24 ft. then the top of your roof must be within 24 ft of your established grade elevation. 

For R-1 lots the code separates lots into two categories; flat lots (less than a five percent slope) & sloped lots (more than a five percent slope).

For flat lots, the established grade height is calculated by taking the average height of each of the corners of your site at the property line. For example, if you had a rectangular shaped site, you would take the heights of each corner, add them up and divide by four. This would give your your established grade plane elevation. 

For sloped lots, the established grade height is calculated 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. This can be a complicated process depending on the specifics of your lot. If your lot has a slope greater than 5% we recommend viewing the diagrams and language in the actual code or bringing on a architect to find your established grade plan. 

5. Setbacks

There are many variations of the setback requirements for R-1 lots depending on location within Newport, lot size, and proposed location of the structure(s) on the lot. For your specific lot we would recommend looking at the zoning code and zoning maps or bringing on an Architect to do this code research for you. In general you can expect somewhere between a 15-20ft front yard setback and anywhere from a 5-10 side and rear yard setbacks.

6. Open Space Requirement

The code requires that a certain amount of volume on your property below the maximum height be left as an open volume. 

Open volume area shall be provided in addition to the required setback areas and shall be a minimum area equal to fifteen (15) percent of the buildable area of the lot. The open volume area may be provided anywhere on the lot within the buildable area and below twenty-four (24) feet from grade. The open air space volume may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. The open volume area shall have a minimum dimension of at least five feet in depth from the wall plane on which it is located and a minimum clear vertical dimension of at least seven and one-half feet and be open to the outdoors on at least one side.

7. Accessory Dwelling Unit (ADU)

Each R-1 lot in Newport Beach is permitted to have one accessory dwelling unit on the property. The ADU can be one story in height not to exceed 14 ft above established grade and have a maximum square footage of 750 SQFT or fifty percent of the existing floor area (excluding garage) of the principal unit, whichever is less. It is important to note that there additional requirements specific to each ADU which should be investigated in depth. 

This should give you a great foundation of knowledge for your property search. Having a basic understanding zoning code and having realistic expectations of that is possible for your project is very important in determining which lot is right for your project.  This list is by no means comprehensive and there are many more requirements that your project will need to conform with. If you need assistance doing a more through zoning analysis of a piece of property prior to making a purchase, we are happy to help.