This title shall be known as the “City of Newport Beach Zoning Code” and referred to as the “Zoning Code.” (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This Zoning Code is intended to carry out the policies of the City of Newport Beach General Plan. It is also the intent of this Zoning Code to promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods; and to ensure the beneficial development of the City. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Authority. The regulations within this Zoning Code are enacted based on the authority vested in the City of Newport Beach by the State of California and Section 200 of the City Charter.

B.    Consistency with General Plan. This Zoning Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Zoning Code be consistent with the General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This Zoning Code applies to all construction, land uses, subdivisions, and development within the City of Newport Beach, as provided by this section.

A.    Compliance Required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Zoning Code. The City Council may exempt specific City-implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption.

B.    Issuance of Permits. Building and/or grading permits shall not be issued for any structure until all other applicable permits have become effective in compliance with Section 20.54.030 (Effective Date of Permits).

C.    Minimum Requirements. The provisions of this Zoning Code shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare except for any discretionary approval. When this Zoning Code provides for discretion on the part of a review authority, the discretion may be exercised to impose more or less stringent requirements than required by this Zoning Code and may allow deviations from the requirements in order to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Code.

D.    Agreements, Covenants, Easements, Laws, Permits, and Regulations.

1.    Effect on Agreements, Covenants, and Easements. It is not intended by the adoption of this Zoning Code to interfere with, abrogate, annul, or repeal any agreement, covenant (e.g., CC&Rs), easement, or restriction between private parties. However, if this Zoning Code imposes greater restrictions than are imposed or required by other private agreements, covenants, or easements, the provisions of this Zoning Code shall control. The City shall not enforce any private agreement, covenant, or restriction unless it is a party to the agreement, covenant, or restriction.

2.    Effect on Municipal Laws, Policies, and Regulations. It is not intended by the adoption of this Zoning Code to repeal, impair, or interfere with other provisions of law of the City, or any policy, regulation, or rule for the alteration, construction, erection, or establishment of land uses or structures.

E.    Subdivisions. A proposed subdivision of land within the City after the effective date of the ordinance codified in this title shall be in compliance with the parcel size requirements of Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards), other applicable requirements of this Zoning Code, and Title 19 (Subdivisions).

F.    Other Permits May Be Required. Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City; regulations of a special district or agency; or regulations of a State or Federal agency.

G.    Other Applicable Provisions. Where this Zoning Code requires compliance with other applicable provisions, they shall be in addition to the requirements of this Zoning Code. Other applicable provisions may include, but are not limited to, annexation agreements, development agreements, specific plans, adopted criteria/guidelines, City policies, and/or State and Federal regulations.

H.    State and Federal Law Requirements. Where this Zoning Code refers to provisions of State or Federal law, the references shall be interpreted to be to the applicable State or Federal law provisions as they may be amended from time to time. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to as the “Council”; the Planning Commission, hereafter referred to as the “Commission”; the Community Development Director, hereafter referred to as the “Director”; the Zoning Administrator; and the Community Development Department, hereafter referred to as the “Department”; and any other City official or body as specifically identified.

B.    Exercise of Discretion. In the event that a provision of this Zoning Code or a condition of approval allows the review authority to exercise judgment in the application of a specific development standard or condition of approval, the review shall include an analysis as to whether:

1.    The proposed project complies with all applicable provisions of this Zoning Code;

2.    The exercise of authority will act to ensure the compatibility of the proposed project with its site and surrounding properties;

3.    The manner in which authority is exercised will result in a more practical application of the provisions of this Zoning Code given specific characteristics of the site and its surroundings; and

4.    The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard. (Ord. 2023-22 § 893, 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

This chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A.    Authority. The Director has the authority to interpret the meaning of provisions of this Zoning Code, including maps, and to apply and/or enforce the Zoning Code. The Director may also refer any interpretation to the Commission for input or a determination. An interpretation made by the Director may be appealed to the Commission in compliance with Chapter 20.64 (Appeals).

B.    Language. When used in this Zoning Code, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory, but is strongly recommended, and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the common meaning of the word indicates otherwise. The words “includes” and “including” shall mean “including, but not limited to.”

C.    Calculations.

1.    Residential Density. Except for projects that include a density bonus in accordance with Section 20.32.040(A), when the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. For example, where a residential zoning district requires a minimum site area per dwelling unit of one thousand five hundred (1,500) square feet, a site of ten thousand (10,000) square feet would be allowed six dwelling units (10,000 sq. ft/1,500 sq. ft. per dwelling unit = 6.66 dwelling units, which is rounded down to six dwelling units).

2.    Other Calculations. For calculations other than residential density, the fractional/decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified.

3.    Time Limits. Whenever a number of days is specified in this Zoning Code, or in a permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days unless otherwise specified. Where the last of the specified number of days falls on a weekend, holiday, or other day the City is not open for business, the time limit shall extend to 5:00 p.m. on the following business day.

D.    Conflicting Requirements.

1.    Zoning Code and Other Municipal Code Provisions. If conflicts occur between requirements of this Zoning Code, or between this Zoning Code and other provisions of the Newport Beach Municipal Code, or other adopted regulations of the City, the more restrictive provision shall prevail.

2.    Agreements, Planned Communities, or Specific Plans. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of a planned community development plan, development agreement, specific plan, or annexation agreement, the requirements of the planned community development plan, development agreement, specific plan, or annexation agreement shall prevail unless otherwise provided in the planned community development plan, development agreement, specific plan, or annexation agreement. Notwithstanding the foregoing, if a conflict occurs between the standards adopted as part of a planned community development plan and an application for a tentative parcel map for an urban lot split that meets all of the requirements of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits), then Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits) shall apply.

3.    Zoning Map, Setback Maps, Development Area Maps, and Development Standards. If a conflict occurs between a requirement of the Zoning Map, setback maps, or development area maps and any development standard of the Zoning Code, the requirement of the Zoning Map, setback maps, or development area maps shall prevail.

E.    Unlisted Uses of Land. If a proposed use of land is not specifically listed in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards), the use shall not be allowed, except as provided below.

1.    Director’s Interpretation. The Director may determine that a proposed land use that is not listed in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) may be allowed if the following findings can be made:

a.    The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district;

b.    The proposed use will meet the purpose/intent of the zoning district that is applied to the location of the use;

c.    The proposed use will be consistent with the goals, objectives, and policies of the General Plan, or any applicable specific plan;

d.    The proposed use is not listed as allowable in another zoning district; and

e.    The proposed use is not a prohibited or illegal use.

2.    Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted land use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply.

F.    Zoning Map Boundaries. If there is uncertainty about the location of a zoning district boundary shown on the official Zoning Map, the Director shall determine the location of the boundary in the following manner:

1.    Where a district or area boundary approximately follows a lot line, street or alley line, the lot line, street centerline, or alley centerline shall be construed as the district boundary;

2.    Where a district or area boundary divides a lot and the boundary line location is not specified by distances indicated on the subject map, the location of the boundary shall be determined by using the scale appearing on the map;

3.    Where a public street or alley, or a portion thereof, is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley;

4.    Where a district or area boundary approximately follows the shoreline of the Pacific Ocean, the boundary shall be construed to follow the mean high tide line; or

5.    Where a district or area boundary approximately follows the waterfront of Newport Bay, the boundary shall be construed to follow the bulkhead line.

G.    Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall control.

H.    Use of Headings. The headings of the chapters, sections, and subsections of this Zoning Code, together with the accompanying examples and explanatory notes, are inserted as a matter of convenience and are not intended to define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions. (Ord. 2022-18 § 1 (Exh. A), 2022; Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

High-Res Zoning Map (very large PDF file)

The boundaries, designations, and locations of the zoning districts established by this Zoning Code shall be shown upon the map(s) entitled “Zoning Map for the City of Newport Beach, California.” Any additional maps as may be subsequently adopted or amended shall also be a part of this Zoning Code by reference. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

The City of Newport Beach shall be divided into zoning districts that implement the General Plan Land Use Plan. The zoning districts shown in Table 1-1 are hereby established, and shall be shown on the Zoning Map.

(Ord. 2019-10 § 4, 2019; Ord. 2015-35 § 3, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

In addition to the zoning district designations established under Section 20.14.020 (Zoning Districts Established) and the related development standards established in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards), symbols are established on the Zoning Map for the purpose of designating floor area ratio limits for nonresidential uses and density limits or the actual number of allowed units for residential uses. When these symbols are placed on the Zoning Map, the floor area ratios, dwelling unit limits or residential densities (minimums and maximums) as indicated shall apply. In addition, individual locations/sites/lots are identified on the Zoning Map by a number symbol where specific development limits and restrictions apply. These development limits/restrictions shall apply in addition to those provided in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). The symbols and limits shall be shown in the following manner:

A.    Nonresidential Districts. A number following the district symbol shall designate the maximum floor area ratio allowed for the nonresidential area designated.

B.    Residential Districts.

1.    A number following the district symbol designates the minimum site area required per dwelling unit if the requirement differs from the district standard minimum.

2.    Two numbers following the district symbol indicates that both the minimum and maximum number of dwelling units are regulated. The first number designates the site area used to calculate the minimum number of units required. The second number designates the site area to be used to calculate the maximum number of dwelling units allowed.

3.    A number followed by the DU symbol indicates the maximum number of dwelling units allowed for the area designated. Where two numbers are shown, the first represents the maximum number of units allowed, the second represents the minimum number of units required.

C.    Mixed-Use Districts. Allowed residential densities and floor area ratios for nonresidential structures in mixed-use districts are not indicated on the Zoning Map, but are provided in the development standards tables for mixed-use districts in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).

D.    Anomaly Locations. Anomaly locations shall be designated on the Zoning Map with a reference number that coincides with an anomaly table included on the Zoning Map.

E.    Planned Communities (PC). Each PC District shall be shown on the Zoning Map with a “PC” designator along with a sequential reference number. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)