Newport Beach City Zoning Code
PART 2
Zoning Districts, Allowable Land Uses, and Zoning District Standards
§ 20.16.010 Purpose.
The purpose of this part is to provide the general requirements of this Zoning Code for the approval of proposed development and land use activities. Land use requirements for specific land uses are established by this Part 2 and Part 3 (Site Planning and Development Standards) and Part 4 of this title (Standards for Specific Land Uses). Land use and development approval and administrative provisions are established by Part 5 (Planning Permit Procedures) and Part 6 of this title (Zoning Code Administration).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.16.020 General Requirements for Development and New Land Uses.
No use of land or structures shall be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures comply with this Zoning Code and the requirements of this chapter.
A.
Allowable Use. The land use shall be identified by Chapter 20.18 (Residential Zoning Districts), 20.20 (Commercial Zoning Districts), 20.22 (Mixed-Use Zoning Districts), 20.24 (Industrial Zoning Districts), 20.26 (Special Purpose Zoning Districts), or 20.28 (Overlay Zoning Districts) as being allowable in the zoning district applied to a site.
B.
Permit Requirements. Permits required by this Zoning Code shall be obtained before the proposed use is commenced or the project is constructed and any activities associated with the use are commenced, or otherwise established or put into operation.
C.
Development Standards. Uses and/or structures shall comply with all applicable development standards of this part, the provisions of Part 3 (Site Planning and General Development Standards) and Part 4 of this title (Standards for Specific Land Uses), and other adopted criteria, guidelines, and policies adopted by the City related to the use and development of land.
D.
Conditions of Approval. Uses and/or structures shall comply with all conditions imposed by a previous permit and other regulatory approvals. Failure to comply with imposed conditions shall be grounds for revocation of the permit in compliance with Chapter 20.68 (Enforcement).
E.
Other Development Criteria, Guidelines, and Policies. The City may adopt criteria, guidelines, and policies separate from this Zoning Code that may affect the use and development of land. All applicable standards, criteria, guidelines, policies, and procedures related to development on file with the Department shall apply when appropriate as determined by the applicable review authority.
F.
Reasonable Accommodations. The review authority may grant reasonable accommodations (adjustments) to the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in compliance with Section 20.52.070 (Reasonable Accommodations).
G.
Nonconforming Uses and Structures. Uses and structures that are determined to be nonconforming as to the requirements of this Zoning Code shall be subject to the requirements and limitations of Chapter 20.38 (Nonconforming Uses and Structures).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.16.030 Allowable Land Uses and Planning Permit Requirements.
A.
Allowed Land Uses.
1.
Permitted Uses. Permitted subject to compliance with all applicable provisions of this Zoning Code, issuance of a zoning clearance (Section 20.52.100), and any building permit or other permit required by the Municipal Code. These are shown as “P” uses in the tables.
2.
Conditional Use Permit Required. Allowed subject to the approval of a conditional use permit (Section 20.52.020) and shown as “CUP” uses in the tables.
3.
Conditional Use Permit—Hearing Officer Required. Allowed subject to the approval of a conditional use permit in residential zoning districts (Section 20.52.030) and shown as “CUP-HO” uses in the tables.
4.
Minor Use Permit Required. Allowed subject to the approval of a minor use permit (Section 20.52.020), and shown as “MUP” uses in the tables.
5.
Limited Term Permit. Allowed subject to the approval of a limited term permit (Section 20.52.040), and shown as “LTP” uses in the tables.
6.
Site Development Review. Allowed subject to the approval of a site development review (Section 20.52.080) for the types of projects listed in Table 5-2 (Review Authority for Site Development Reviews).
7.
Zoning Clearance. A zoning clearance is required before the commencement of a use, a change of use, or before the City issues a building permit, grading permit, or other construction-related permit in compliance with Section 20.52.100.
B.
Multiple Uses on a Single Site. Where a proposed multi-tenant project includes multiple land uses that require different permits, the project shall be authorized through the approval of the permit requiring the highest level of review. This provision shall not apply to a new single use when locating in an existing multi-tenant project.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.16.040 Short-Term Uses and Structures.
Requirements for establishing a short-term use or structure (e.g., construction yards, seasonal sales lots, temporary office trailers, etc.) are identified in Section 20.52.040 (Limited Term Permits).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.16.050 Special Events.
Requirements for holding a special event are identified in Chapter 11.03 (Special Events). In addition, all other applicable permits shall also be obtained.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.16.060 Additional Permits and Approvals May Be Required.
A.
Other Permits Required. An allowed land use or structure that is exempt from a permit, or has been granted a permit, may still be required to obtain other permits before the use is commenced or the structure is constructed and any activities associated with the use are commenced, or otherwise established or put into operation. Nothing in this section shall eliminate the need to obtain any permits or approvals required by:
1.
Other provisions of the Municipal Code (e.g., building permits, grading permits, other construction permits, live entertainment permit, or a business license); or
2.
Orange County, a special district, or any regional, State, or Federal agency.
B.
Timing of Other Permits. No land shall be used, no new use shall be established, and no structure shall be commenced until all necessary permits have been obtained.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.18.010 Purposes of Residential Zoning Districts.
The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:
A.
R-A (Residential-Agricultural) Zoning District. The R-A zoning district is intended to provide for areas appropriate for detached single-family residential dwelling units and light farming uses, each located on a single legal lot;
B.
R-1 (Single-Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing.
C.
R-BI (Two-Unit Residential, Balboa Island). The R-BI Zoning District is intended to provide for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot on Balboa Island.
D.
R-2 (Two-Unit Residential) Zoning District. The R-2 Zoning District is intended to provide for areas appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot.
E.
RM (Multiple Residential) Zoning District. The RM Zoning District is intended to provide for areas appropriate for multi-unit residential developments containing attached or detached dwelling units.
F.
RMD (Medium Density Residential) Zoning District. The RMD Zoning District is intended to provide for areas appropriate for medium density residential developments containing attached or detached dwelling units.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2017-11 § 1, 2017; Ord. 2018-14 § 1, 2019; Ord. 2019-10 § 1, 2019)
§ 20.18.020 Residential Zoning Districts Land Uses and Permit Requirements.
A.
Allowed Land Uses.
1.
Table 2-1 indicates the uses allowed within each residential zoning district and the permit required to establish the use, if any, in compliance with Part 5 of this title (Planning Permit Procedures).
2.
Residential uses represent the primary allowed use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each zoning district may be allowed as accessory, conditionally permitted, and/or temporary uses.
B.
Prohibited Land Uses. A table cell with “—” means that the listed land use is prohibited in that zoning district.
C.
Applicable Regulations. The last column in the table (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.
TABLE 2-1 ALLOWED USES AND PERMIT REQUIREMENTS | Residential Zoning Districts Permit Requirements * | ||||
|---|---|---|---|---|---|
P CUP CUP-HO MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Conditional Use Permit in Residential Zoning Districts (Section 20.52.030) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not Allowed * | ||||
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | R-A | R-1** | R-BI R-2 | RM RMD | Specific Use Regulations |
Residential Uses | |||||
Home Occupations | P | P | P | P | Section 20.48.110 |
Single-Unit Dwellings—Attached | — | — | P | P | Section 20.48.180 |
Single-Unit Dwellings—Detached | P | P | P | P | Section 20.48.180 |
Multi-Unit Dwellings | — | — | — | P | |
Two-Unit Dwellings | — | — | P (1) | P | Section 20.48.180 |
Accessory Dwelling Units and Junior Accessory Dwelling Units | P | P | P | P | Section 20.48.200 |
Visitor Accommodations, Residential | |||||
Bed and Breakfast Inns | — | — | CUP-HO | CUP-HO | Section 20.48.060 |
Short-Term Lodging | — | — | P | P | Chapter 5.95 |
SB 9 Housing Developments | P | P | — | — | Section 20.48.205 |
Urban Lot Splits | P | P | — | — | Chapter 19.90 and Section 20.48.205 |
Care Uses | |||||
Adult Day Care | |||||
Small (6 or fewer) | P | P | P | P | Section 20.48.070 |
Large (7 to 14) | MUP | MUP | MUP | MUP | Section 20.48.070 |
Child Day Care | |||||
Small (8 or fewer) | P | P | P | P | Section 20.48.070 |
Large (9 to 14) | MUP | MUP | MUP | MUP | Section 20.48.070 |
Day Care, General | — | — | CUP-HO | CUP-HO | |
Residential Care Facilities | |||||
Limited (6 or fewer) Licensed | P | P | P | P | Section 20.48.170 |
Limited (6 or fewer) Unlicensed | — | — | — | CUP-HO | Section 20.48.170 |
General (7 or more) Licensed | — | — | — | CUP-HO | Section 20.48.170 |
General (7 or more) Unlicensed | — | — | — | CUP-HO | Section 20.48.170 |
Integral Facilities/Integral Uses | — | — | — | CUP-HO | Section 20.48.170 |
Parolee-Probationer Home | — | — | — | — | |
Other Uses | |||||
Parking Facility | MUP | MUP | MUP | MUP | |
Convalescent Facilities | — | — | — | CUP | |
Utilities, Minor | P | P | P | P | |
Utilities, Major | CUP | CUP | CUP | CUP | |
Wireless Telecommunication Facilities | — | — | — | MUP/CUP/LTP | Chapter 20.49 |
Accessory Structures and Uses | P | P | P | P | |
Animal-Keeping | P | P | P | P | Section 20.48.040 |
Personal Property Sales | P | P | P | P | Section 20.48.150 |
Special Events | See Chapter 11.03 | ||||
Temporary Uses | LTP | LTP | LTP | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as provided by Chapter 20.12 (Interpretation of Zoning Code Provisions). |
** | Includes R-1-6,000, R-1-7,200, and R-1-10,000. |
(1) | Condominium projects and condominium conversions are not permitted in the R-BI Zoning District. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-1 § 2, 2014; Ord. 2015-5 § 1, 2015; Ord. 2017-11 § 2, 2017; Ord. 2018-14 § 2, 2019; Ord. 2020-9 § 1, 2020; Ord. 2022-17 § 1 (Exh. A), 2022)
§ 20.18.030 Residential Zoning Districts General Development Standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-2 and 2-3, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards).
TABLE 2-2 DEVELOPMENT STANDARDS FOR SINGLE-UNIT RESIDENTIAL ZONING DISTRICTS | ||||||
|---|---|---|---|---|---|---|
Development Feature | R-A | R-1 | R-1-6,000 | R-1-7,200 | R-1-10,000 | Additional Requirements |
Lot Dimensions | Minimum dimensions required for each newly created lot. | |||||
Lot Area (1) (2) | ||||||
Corner lot | 87,120 sq. ft. | 6,000 sq. ft. | 6,000 sq. ft. | 7,200 sq. ft. | 10,000 sq. ft. | |
Interior lot | 87,120 sq. ft. | 5,000 sq. ft. | 6,000 sq. ft. | 7,200 sq. ft. | 10,000 sq. ft. | |
Lot Width | ||||||
Corner lot | 125 ft. | 60 ft. | 60 ft. | 70 ft. | 90 ft. | |
Interior lot | 125 ft. | 50 ft. | 60 ft. | 70 ft. | 90 ft. | |
Lot Depth | N/A | N/A | 80 ft. | 90 ft. | 100 ft. | |
Density/Intensity | Each legal lot shall be allowed one single-unit detached dwelling. Accessory dwelling units and junior accessory dwelling units may be allowed pursuant to Section 20.48.200. | |||||
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall apply, unless different requirements are identified on the setback maps in which case the setback maps shall control. (See Part 8 of this title.) Side and rear setback areas shown on the setback maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 20.48.180 (Residential Development Standards and Design Criteria). | |||||
Front: | 20 ft. | 20 ft. | 20 ft. | 20 ft. | 15 ft. | 20.30.110 20.48.180 |
Side (interior, each): | 20.30.110 20.38.040(H) 20.48.180 | |||||
Lots 40 ft. wide or less | 5 ft. | 3 ft. (4) | 6 ft. (7) | 5 ft. (7) | 10 ft. (7) | |
Lots wider than 40 ft. | 5 ft. | 4 ft. | 6 ft. (7) | 5 ft. (7) | 10 ft. (7) | |
Side (street side): | 20.30.110 20.38.040(H) 20.48.180 | |||||
Lots 40 ft. wide or less | 5 ft. | 3 ft. | 6 ft. (7) | 5 ft. (7) | 10 ft. (7) | |
Lots wider than 40 ft. | 5 ft. | 4 ft. | 6 ft. (7) | 5 ft. (7) | 10 ft. (7) | |
Rear: | 25 ft. | 10 ft. | 6 ft. | 20 ft. | 10 ft. | Lots abutting a 10 ft. alley or less that are directly across the alley from the side yard of a lot abutting an alley shall provide a setback for the first floor of at least 10 ft. from the alley. |
Abutting Alley: | ||||||
10 ft. wide or less | N/A | 5 ft. | N/A | N/A | N/A | |
15 ft. wide or less | N/A | 5 ft. | N/A | N/A | N/A | |
15'1" to 19'11" | N/A | 3'9" | N/A | N/A | N/A | |
20 ft. wide or more | N/A | 0 | N/A | N/A | N/A | |
Bluff edge setback | As provided in Section 20.28.040 (Bluff (B) Overlay District). See also Section 21.28.040. | |||||
Bulkhead setback | Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. | |||||
Site Coverage | Maximum percentage of the total lot area that may be covered by structures. | |||||
Lots 40 ft. wide or less | N/A | N/A | 60% | 60% | 60% | |
Lots wider than 40 ft. | 40% | N/A | 60% | 60% | 60% | |
Floor Area Limit (gross floor area) | N/A | N/A | ||||
Citywide | 2.0 (5)(6) | |||||
Corona del Mar | 1.5 (5)(6) | |||||
Height (3) | Maximum height of structures without discretionary approval. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | |||||
Flat roof | 24 ft. | 24 ft. | 24 ft. | 35 ft. and 2 stories | 24 ft. | See 20.30.060(C)(2) (Height Limit Areas) and 20.30.060(B) (Height of Structures and Measurement) |
Sloped roof; minimum 3/ 12 pitch | 29 ft. | 29 ft. | 29 ft. | 40 ft. and 2 stories | 29 ft. | |
Bluffs | See Section 20.28.040 (Bluff (B) Overlay District). | |||||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | |||||
Landscaping | See Chapter 20.36 (Landscaping Standards). | |||||
Lighting | See Section 20.30.070 (Outdoor Lighting). | |||||
Parking | See Chapter 20.40 (Off-Street Parking). | |||||
Satellite Antennas | See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). | |||||
Signs | See Chapter 20.42 (Sign Standards). | |||||
Residential Development Standards | See Section 20.48.180 (Residential Development Standards and Design Criteria). | |||||
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(2) | Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. With the exception of tentative parcel maps for urban lot splits that meet 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), new subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). |
(3) | On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. |
(4) | Side setback areas for lots designated Special Fire Protection Areas shall be a minimum of five feet unless reduced by the Fire Marshal. |
(5) | The floor area of a subterranean basement is not included in the calculation of total gross floor area. |
(6) | The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. |
(7) | An addition to the principal structure shall be allowed to be constructed to the side yard setback in effect at the time the principal structure was constructed provided the addition meets applicable building and fire code standards. |
TABLE 2-3 DEVELOPMENT STANDARDS FOR TWO-UNIT AND MULTI-UNIT RESIDENTIAL ZONING DISTRICTS | ||||
|---|---|---|---|---|
Development Feature | R-BI | R-2 | R-2-6,000 | Additional Requirements |
Lot Dimensions | Minimum dimensions required for each newly created lot. | |||
Lot Area (1) (2) (3) | ||||
Corner lot Interior lot | 2,375 sq. ft. 2,375 sq. ft. | 6,000 sq. ft. 5,000 sq. ft. | 6,000 sq. ft. 6,000 sq. ft. | |
Lot Width | ||||
Corner lot Interior lot | 60 ft. 50 ft. | 60 ft. 50 ft. | 60 ft. 60 ft. | |
Lot Depth | N/A | N/A | 80 ft. | |
Site Area per Dwelling Unit | Minimum required site area per dwelling unit based on net area of the lot. | |||
1,000 sq. ft. | 1,000 sq. ft. | 3,000 sq. ft. | ||
No more than 2 units per lot | ||||
Site Coverage | Maximum percentage of the total lot area that may be covered by structures. | |||
N/A | N/A | 60% | ||
Floor Area Limit (9) (gross floor area) | 1.5 plus 200 sq. ft. | 2.0 Citywide (8) 1.5 Corona del Mar (8) | N/A | |
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall apply, unless different requirements are identified on the setback maps in which case the setback maps shall control. (See Part 8 of this title.) Side and rear setback areas shown on the setback maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 20.48.180 (Residential Development Standards and Design Criteria). | |||
Front: | 20 ft. | 20 ft. | 20 ft. | |
Side (interior, each): | 20.38.040(H) | |||
Lots 40 ft. wide or less | 3 ft. | 3 ft. | 6 ft. (10) | |
Lots 40'1" wide to 49'11" wide | 4 ft. | 4 ft. | 6 ft. (10) | |
Lots 50 ft. wide and greater | N/A | 4 ft. | 6 ft. (10) | |
Side (street side): | 20.38.040(H) | |||
Lots 40 ft. wide or less | 3 ft. | 3 ft. | N/A | |
Lots 40'1" wide to 49'11" wide | 4 ft. | 4 ft. | N/A | |
Lots 50 ft. wide and greater | N/A | N/A | 6 ft. (10) | |
Rear: | 10 ft. | 10 ft. | 6 ft. | Lots abutting a 10 ft. alley or less that are directly across the alley from the side yard of a lot abutting the alley shall provide a setback for the first floor of at least 10 ft. from the alley. |
Abutting Alley | ||||
10 ft. wide or less | 5 ft. | 5 ft. | N/A | |
15 ft. wide or less | 5 ft. | 5 ft. | N/A | |
15'1" to 19'11" | 3'9" | 3'9" | N/A | |
20 ft. wide or more | 0 | 0 | N/A | |
Waterfront | 10 ft. | 10 ft. | N/A | |
Bluff edge setback | As provided in Section 20.28.040 (Bluff (B) Overlay District). | |||
Bulkhead setback | Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. | |||
Height (6) | Maximum height of structures without discretionary approval. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | |||
Flat roof | 24 ft. | 24 ft. | 24 ft. | See Section 20.30.060(C) (Increase in Height Limit) |
Sloped roof; minimum 3/12 pitch | 29 ft. | 29 ft. | 29 ft. | |
Bluffs | See Section 20.28.040 (Bluff (B) Overlay District). | |||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls and Retaining Walls). | |||
Landscaping | See Chapter 20.36 (Landscaping Standards). | |||
Lighting | See Section 20.30.070 (Outdoor Lighting). | |||
Parking | See Chapter 20.40 (Off-Street Parking). | |||
Satellite Antennas | See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). | |||
Signs | See Chapter 20.42 (Sign Standards). | |||
Residential Development Standards | See Section 20.48.180. | |||
Development Feature | RM | RMD | RM-6,000 | Additional Requirements |
|---|---|---|---|---|
Lot Dimensions | Minimum dimensions required for each newly created lot. | |||
Lot Area (1) (2) (3) | ||||
Corner lot Interior lot | 6,000 sq. ft. 5,000 sq. ft. | 6,000 sq. ft. 5,000 sq. ft. | 6,000 sq. ft. 6,000 sq. ft. | |
Lot Width | ||||
Corner lot Interior lot | 60 ft. 50 ft. | 60 ft. 50 ft. | 60 ft. 60 ft. | |
Lot Depth | N/A | N/A | 80 ft. | |
Site Area per Dwelling Unit | Minimum required site area per dwelling unit based on net area of the lot unless the maximum number of units is shown on the Zoning Map. | |||
1,200 sq. ft. (7) | 1,000 sq. ft. | 1,500 sq. ft. | ||
Site Coverage | Maximum percentage of the total lot area that may be covered by structures. | |||
N/A | N/A | 60% | ||
Floor Area Limit (gross floor area) | 1.75 (4) | N/A | N/A | |
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall apply, unless different requirements are identified on the setback maps in which case the setback maps shall control. (See Part 8 of this title.) Side and rear setback areas shown on the setback maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 20.48.180 (Residential Development Standards and Design Criteria). | |||
Front: | 20 ft. | 20 ft. | 20 ft. | |
Side (interior, each): | 20.38.040(H) | |||
Lots 40 ft. wide or less | 3 ft. | N/A | 6 ft. (10) | |
Lots 40'1" wide to 49'11" wide | 4 ft. | 5 ft. | 6 ft. (10) | |
Lots 50 ft. wide and greater | 8% of the average lot width (5) | N/A | 6 ft. (10) | |
Side (street side): | 20.38.040(H) | |||
Lots 40 ft. wide or less | 3 ft. | 5 ft. | N/A | |
Lots 40'1" wide to 49'11" wide | 4 ft. | N/A | ||
Lots 50 ft. wide and greater | 8% of the average lot width (5) | 6 ft. (10) | ||
Rear: | 10 ft. | 25 ft. | 6 ft. | Lots abutting a 10 ft. alley or less that are directly across the alley from the side yard of a lot abutting the alley shall provide a setback for the first floor of at least 10 ft. from the alley. |
Abutting Alley | ||||
10 ft. wide or less | N/A | N/A | N/A | |
15 ft. wide or less | 5 ft. | N/A | ||
15'1" to 19'11" | 3'9" | N/A | ||
20 ft. wide or more | 0 | N/A | ||
Waterfront | 10 ft. | N/A | ||
Bluff edge setback | As provided in Section 20.28.040 (Bluff (B) Overlay District). | |||
Bulkhead setback | Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. | |||
Height (6) | Maximum height of structures without discretionary approval. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | |||
Flat roof | 28 ft. | 28 ft. | 28 ft. | See Section 20.30.060(C) (Increase in Height Limit) |
Sloped roof; minimum 3/12 pitch | 33 ft. | 33 ft. | 33 ft. | |
Open Space | Minimum required open space (applicable to 3 or more units). | |||
Common: 75 square feet/unit Minimum dimension shall be 15 feet. Private: 5% of the gross floor area for each unit. Minimum dimension shall be 6 feet. | N/A | Common: 75 square feet/unit Minimum dimension shall be 15 feet. Private: 5% of the gross floor area for each unit. Minimum dimension shall be 6 feet. | Single-unit and two-unit dwellings developed on a single site shall comply with open volume area standards of Section 20.48.180 (Residential Development Standards and Design Criteria). The minimum dimension is for length and width. | |
Residential Development Standards | See Section 20.48.180. | |||
Bluffs | See Section 20.28.040 (Bluff (B) Overlay District). | |||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | |||
Landscaping | See Chapter 20.36 (Landscaping Standards). | |||
Lighting | See Section 20.30.070 (Outdoor Lighting). | |||
Parking | See Chapter 20.40 (Off-Street Parking). | |||
Satellite Antennas | See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). | |||
Signs | See Chapter 20.42 (Sign Standards). | |||
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(2) | Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). |
(3) | On a site of less than five thousand (5,000) square feet that existed prior to March 10, 1976, a two-family dwelling may be constructed; provided, that there shall be not less than one thousand (1,000) square feet of land area for each dwelling unit. |
(4) | The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site or 1.5 times the buildable area of the site in Corona del Mar; provided, that up to two hundred (200) square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. |
(5) | Interior and street side setback areas are not required to be wider than fifteen (15) feet; however, the side setback area on the street side of a corner lot, where the abutting lot has a reversed frontage, shall not be less than the front setback area required on the abutting reversed frontage. |
(6) | On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. |
(7) | Portions of legal lots that have a slope greater than two-to-one (2:1) or that are submerged lands or tidelands shall be excluded from the land area of the lot for the purpose of determining the allowable number of units. |
(8) | The floor area of a subterranean basement is not included in the calculation of total gross floor area. |
(9) | The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. |
(10) | An addition to the principal structure shall be allowed to be constructed to the side yard setback in effect at the time the principal structure was constructed provided the addition meets applicable building and fire code standards. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2017-11 § 3, 2017; Ord. 2020-9 § 2, 2020; Ord. 2020-28 § 1 (Exh. A), 2020; Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2022-25 §§ 2 – 5, 2022; Ord. 2023-22 § 894, 2023)
§ 20.20.010 Purposes of Commercial Zoning Districts.
The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows:
A.
OA (Office—Airport) Zoning District. The OA Zoning District is intended to provide for areas appropriate for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include corporate and professional offices; automobile sales, rental, and service; aviation sales and service; hotels; and accessory retail, restaurant, and service uses.
B.
OG (Office—General) Zoning District. The OG Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses.
C.
OM (Office—Medical) Zoning District. The OM Zoning District is intended to provide for areas appropriate primarily for medical-related offices, other professional offices, retail, short-term convalescent and long-term care facilities, research labs, and similar uses.
D.
OR (Office—Regional) Zoning District. The OR Zoning District is intended to provide for areas appropriate for corporate offices, administrative and professional offices that serve local and regional markets, with limited accessory financial, retail, service, and entertainment uses.
E.
CC (Commercial Corridor) Zoning District. The CC Zoning District is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity.
F.
CG (Commercial General) Zoning District. The CG Zoning District is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs.
G.
CM (Commercial Recreational and Marine) Zoning District. The CM Zoning District is intended to provide for areas appropriate for commercial development on or near the waterfront that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on sites located on or near the bay.
H.
CN (Commercial Neighborhood) Zoning District. The CN Zoning District is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area.
I.
CV (Commercial Visitor-Serving) Zoning District. The CV Zoning District is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City.
J.
The CV-LV (Commercial Visitor-Serving—Lido Village) Zoning District. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The CV-LV designation provides for a range of accommodations (e.g., hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach and a fire station. Limited use overnight visitor accommodations and residential uses are not allowed.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-35 § 5, 2015)
§ 20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
A.
Allowed Land Uses. Tables 2-4 and 2-5 indicate the uses allowed within each zoning district and the permit required to establish the use, if any, in compliance with Part 5 of this title (Planning Permit Procedures).
B.
Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific zoning district.
C.
Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.
TABLE 2-4 ALLOWED USES AND PERMIT REQUIREMENTS | Commercial Office Zoning Districts Permit Requirements * | ||||
|---|---|---|---|---|---|
P CUP MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not allowed * | ||||
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | OA | OG | OM | OR | Specific Use Regulations |
Industry, Manufacturing and Processing, and Warehousing Uses | |||||
Handicraft Industry | P | — | — | — | |
Industry, Small (less than 5,000 sq. ft.) | MUP | — | — | — | |
Personal Storage (mini storage) | P | — | — | — | |
Research and Development, General | P | P | P | P | |
Research and Development, Restricted | MUP | MUP | MUP | MUP | |
Recreation, Education, and Public Assembly Uses | |||||
Assembly/Meeting Facilities | |||||
Small—5,000 sq. ft. or less (religious assembly may be larger than 5,000 sq. ft.) | CUP | CUP | CUP | CUP | |
Commercial Recreation and Entertainment | — | — | — | CUP | |
Cultural Institutions | P | — | — | P | |
Schools, Public and Private | CUP | CUP | — | CUP | |
Schools, Related to Medical Professions | MUP | MUP | MUP | MUP | |
Retail Trade Uses | |||||
Alcohol Sales (off-sale) | MUP | MUP | MUP | MUP | Section § 20.48.030 |
Alcohol Sales (off-sale), Accessory Only | P | MUP | MUP | P | |
Retail Sales (less than 10,000 sq. ft.) (4) | MUP | P | P | P | |
Retail Sales (10,000 sq. ft. or greater) (1)(4) | CUP | — | — | — | |
Pharmacy, Medical Supplies | P | P | P | P | |
Service Uses—Business, Financial, Medical, and Professional | |||||
ATM | P | P | P | P | |
Convalescent Facilities | — | — | P | — | |
Emergency Health Facilities/Urgent Care | P | P | P | P | |
Financial Institutions and Related Services | P | P | P | P | |
Hospitals | — | — | CUP | — | |
Offices—Business | P | P | P | P | |
Offices—Corporate | P | P | — | P | |
Offices—Medical and Dental | P | P | P | P | |
Offices—Professional | P | P | P | P | |
Outpatient Surgery Facility | P | P | P | P | |
Service Uses—General | |||||
Ambulance Services | P | — | P | — | |
Animal Sales and Services | |||||
Animal Boarding/Kennels | P | — | — | CUP | Section 20.48.050 |
Animal Grooming | P | MUP | — | MUP | Section 20.48.050 |
Veterinary Services | P | CUP | CUP | CUP | Section 20.48.050 |
Artists’ Studios | P | P | — | P | |
Catering Services | P | P | — | P | |
Day Care—General | MUP | MUP | MUP | MUP | |
Eating and Drinking Establishments | |||||
Accessory Food Service (open to public) | P | P | P | P | Section 20.48.090 |
Bars, Lounges, and Nightclubs | CUP | — | — | CUP | Section 20.48.090 |
Fast Food (no late hours) (1)(2) | P/MUP | P/MUP | — | — | Section 20.48.090 |
Fast Food (with late hours) (1) | MUP | MUP | — | — | Section 20.48.090 |
Food Service (no alcohol, no late hours) (1)(2) | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Food Service (no late hours) (1) | MUP | MUP | MUP | MUP | Section 20.48.090 |
Food Service (with late hours) (1) | CUP | CUP | CUP | CUP | Section 20.48.090 |
Take-Out Service—Fast-Casual (up to 20 seats) (1)(2) | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Alcohol Sales (off-sale) (with late hours) (1) | CUP | CUP | CUP | CUP | Section 20.48.030 |
Emergency Shelters | P | — | — | — | Section 20.48.100 |
Funeral Homes and Mortuaries, without crematorium | MUP | MUP | MUP | MUP | |
Funeral Homes and Mortuaries, with crematorium | CUP | CUP | CUP | CUP | |
Health/Fitness Facilities | |||||
Small—2,000 sq. ft. or less | P | P | P | P | |
Large—Over 2,000 sq. ft. | MUP | MUP | MUP | MUP | |
Laboratories | P | P | P | P | |
Maintenance and Repair Services | P | P | — | P | |
Massage Establishments | MUP | MUP | MUP | MUP | Chapter 5.50 Section 20.48.120 |
Massage Services, Accessory | MUP | MUP | MUP | MUP | Section 20.48.120 |
Personal Services, General | P | P | P | P | |
Personal Services, Restricted | MUP | MUP | MUP | MUP | |
Postal Services | P | P | P | P | |
Printing and Duplicating Services | P | P | P | P | |
Smoking Lounges | — | — | — | — | |
Tattoo Establishments | — | P | — | P | Section 20.48.230 |
Visitor Accommodations, Nonresidential | |||||
Hotels, Motels, and Time Shares | CUP | — | CUP | — | |
SRO Residential Hotel | CUP | CUP | CUP | CUP | |
Transportation, Communications, and Infrastructure Uses | |||||
Communication Facilities | P | P | — | P | |
Heliports and Helistops (3) | CUP | — | CUP | CUP | |
Parking Facilities | MUP | MUP | MUP | MUP | |
Parking Structures, adjacent to residential district | — | CUP | CUP | — | |
Utilities, Minor | P | P | P | P | |
Utilities, Major | CUP | CUP | CUP | CUP | |
Wireless Telecommunication Facilities | CUP/MUP/LTP | CUP/MUP/LTP | CUP/MUP/LTP | CUP/MUP/LTP | Chapter 20.49 |
Vehicle Rental, Sale, and Service Uses | |||||
Vehicle Sales, Office Only | P | P | — | P | |
Vehicle/Equipment Rentals | |||||
Office Only | P | P | — | P | |
Vehicles for Hire | CUP | — | — | — | |
Vehicle/Equipment Rentals and Sales | CUP | — | — | — | |
Vehicle/Equipment Repair | |||||
General | CUP | — | — | — | |
Limited | MUP | — | — | — | |
Vehicle/Equipment Services | |||||
Automobile Washing/Detailing, self-service or accessory | MUP | MUP | — | MUP | |
Service Stations | CUP | — | — | — | Section 20.48.210 |
Other Uses | |||||
Accessory Structures and Uses | P | P | P | P | |
Cigar Lounges (5) | P | — | — | P | |
Drive-Through Facilities | MUP | MUP | MUP | MUP | Section 20.48.080 |
Outdoor Storage and Display | P | P | P | P | Section 20.48.140 |
Special Events | Chapter 11.03 | ||||
Temporary Uses | LTP | LTP | LTP | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section § 20.12.020 (Rules of Interpretation). |
(1) | Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. |
(2) | Permitted or Minor Use Permit Required. |
a. | For take-out service – fast casual (up to 20 seats), a minor use permit shall be required for any use located within 100 feet of any residential zoning district. |
b. | Except as provided in (2)(a), a minor use permit shall be required for any use located within 500 feet of any residential zoning district. |
c. | A minor use permit shall be required for any use that maintains late hours. |
(3) | Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. |
(4) | Tobacco Retail Businesses are subject to the standards of Chapter 5. 55 ( Tobacco Retailer Businesses) including but not limited to the distance requirements contained therein. |
(5) | Cigar lounges are only permitted in the OA and OR Zoning District when located in a private room within, or attached to, a premium cigar retail sale establishment. A cigar lounge shall be restricted to persons aged 21 years of age or older. Cigar lounges shall be fire sprinklered and comply with all Building and Fire Codes. A cigar lounge shall provide adequate ventilation. A cigar lounge shall not be located within 1,000 feet of another cigar lounge. |
TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS | Commercial Retail Zoning Districts Permit Requirements * | ||||||
|---|---|---|---|---|---|---|---|
P CUP MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not allowed * | ||||||
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | CC | CG | CM | CN | CV | CV-LV | Specific Use Regulations |
Industry, Manufacturing and Processing, and Warehousing Uses | |||||||
Handicraft Industry | P | P | P | P | P | P | |
Recreation, Education, and Public Assembly Uses | |||||||
Assembly/Meeting Facilities | CUP | CUP | CUP | CUP | CUP | CUP | |
Commercial Recreation and Entertainment | CUP | CUP | CUP | CUP | CUP | CUP | |
Cultural Institutions | P | P | MUP | — | P | — | |
Schools, Public and Private | — | CUP | CUP | CUP | CUP | — | |
Retail Trade Uses | |||||||
Alcohol Sales (off-sale) | MUP | MUP | MUP | MUP | MUP | MUP | Section 20.48.030 |
Alcohol Sales (off-sale), Accessory Only | P | P | P | P | P | P | |
Bulk Merchandise | — | P | — | P | — | — | |
Marine Rentals and Sales | |||||||
Boat Rentals and Sales | — | CUP | CUP | — | CUP | P | |
Marine Retail Sales | P | P | P | — | P | P | |
Retail Sales (3) | P | P | P | P | — | — | |
Visitor-Serving Retail | P | — | — | — | P | P | |
Service Uses—Business, Financial, Medical, and Professional | |||||||
ATM | P | P | P | P | P | P | |
Emergency Health Facility/Urgent Care (above 1st floor only) | MUP | MUP | — | — | MUP | — | |
Financial Institutions and Related Services | P | P | — | P | P | P | |
Offices—Corporate (above 1st floor only) | P | P | P | P | — | — | |
Offices—Business | P | P | P | P | P | P | |
Offices—Medical and Dental | P | P | — | P | P | — | |
Offices—Professional (above 1st floor only) | P | P | P | P | P | — | |
Outpatient Surgery Facility (above 1st floor only) | MUP | MUP | P | — | — | — | |
Service Uses—General | |||||||
Ambulance Services | — | MUP | — | — | — | — | |
Animal Sales and Services | |||||||
Animal Boarding/Kennels | CUP | CUP | — | CUP | — | — | Section 20.48.050 |
Animal Grooming | P | P | — | P | P | — | Section 20.48.050 |
Animal Retail Sales | P | P | — | P | P | — | Section 20.48.050 |
Veterinary Services | CUP | CUP | — | CUP | — | — | Section 20.48.050 |
Artists’ Studios | P | P | P | P | P | P | |
Catering Services | — | P | P | P | P | — | |
Day Care, General | MUP | MUP | — | MUP | MUP | — | |
Eating and Drinking Establishments | |||||||
Accessory Food Service (open to public) | P | P | P | P | P | P | Section 20.48.090 |
Bars, Lounges, and Nightclubs | CUP | CUP | CUP | CUP | CUP | — | Section 20.48.090 |
Fast Food (no late hours) (1)(2) | P/MUP | P/MUP | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Fast Food (with late hours) (1) | MUP | MUP | MUP | MUP | MUP | MUP | Section 20.48.090 |
Food Service (no alcohol, no late hours) (1)(2) | P/MUP | P/MUP | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Food Service (no late hours) (1) | MUP | MUP | MUP | MUP | MUP | MUP | Section 20.48.090 |
Food Service (with late hours) (1) | CUP | CUP | CUP | CUP | CUP | CUP | Section 20.48.090 |
Take-Out Service—Fast-Casual (up to 20 seats) (1)(2) | P/MUP | P/MUP | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Alcohol Sales (off-sale) (with late hours) (1) | CUP | CUP | CUP | CUP | CUP | CUP | Section 20.48.030 |
Funeral Homes and Mortuaries, without crematorium | — | MUP | — | — | — | — | |
Funeral Homes and Mortuaries, with crematorium | — | CUP | — | — | — | — | |
Health/Fitness Facilities | |||||||
Small—2,000 sq. ft. or less | P | P | P | P | P | P | |
Large—Over 2,000 sq. ft. | MUP | MUP | MUP | MUP | MUP | — | |
Laboratories | — | P | — | — | — | — | |
Maintenance and Repair Services | P | P | — | P | — | — | |
Marine Services | |||||||
Boat Storage | — | — | CUP | — | — | — | |
Boat Yards | — | — | CUP | — | — | — | |
Entertainment and Excursion Services | — | — | P | — | P | P | Title 17 |
Marine Service Stations | — | — | CUP | — | CUP | — | |
Water Transportation Services | — | — | MUP | — | MUP | — | |
Massage Establishments | MUP | MUP | — | MUP | MUP | MUP | Chapter 5.50 Section 20.48.120 |
Massage Services, Accessory | MUP | MUP | — | MUP | MUP | MUP | Section 20.48.120 |
Nail Salons | P | P | — | P | P | P | |
Personal Services, General | P | P | — | P | P | P | |
Personal Services, Restricted | MUP | MUP | — | MUP | MUP | — | |
Studio | P | P | — | P | P | — | |
Postal Services | P | P | — | P | P | — | |
Printing and Duplicating Services | P | P | — | P | — | — | |
Recycling Facilities | |||||||
Collection Facility—Small | MUP | MUP | — | MUP | — | — | Section 20.48.160 |
Smoking Lounges | — | — | — | — | — | — | |
Tattoo Establishments | — | P | — | — | — | — | Section 20.48.230 |
Visitor Accommodations | |||||||
Bed and Breakfast Inns | MUP | MUP | MUP | — | MUP | CUP | Section 20.48.060 |
Hotels and Motels | CUP | CUP | CUP | — | CUP | CUP | |
RV Parks | — | — | — | — | CUP | — | |
Time Shares | — | CUP | — | — | CUP | — | Section 20.48.220 |
SRO Residential Hotel | CUP | CUP | CUP | CUP | CUP | — | |
Transportation, Communications, and Infrastructure Uses | |||||||
Communication Facilities | MUP | P | MUP | — | P | P | |
Marinas | Title 17 | ||||||
Marina Support Facilities | — | — | MUP | — | MUP | — | |
Parking Facilities | MUP | MUP | MUP | MUP | MUP | MUP | |
Parking Structure, adjacent to residential zoning district | CUP | CUP | — | CUP | CUP | CUP | |
Utilities, Minor | P | P | P | P | P | P | |
Utilities, Major | CUP | CUP | CUP | CUP | CUP | CUP | |
Wireless Telecommunication Facilities | CUP/MUP/ LTP | CUP/MUP/ LTP | CUP/MUP/ LTP | CUP/MUP/ LTP | CUP/MUP/ LTP | CUP/MUP/ LTP | Chapter 20.49 |
Vehicle Rental, Sale, and Service Uses | |||||||
Vehicle/Equipment Rentals | |||||||
General | — | CUP | — | — | CUP | — | |
Office Only | P | P | P | P | P | — | |
Limited | P | P | P | — | P | — | |
Vehicles for Hire | — | CUP | — | — | CUP | — | |
Vehicle/Equipment Repair | |||||||
General | — | CUP | — | — | — | — | |
Limited | MUP | MUP | MUP | — | — | — | |
Vehicle/Equipment Sales | |||||||
General | — | CUP | — | — | — | — | |
Office Only | P | P | P | P | P | — | |
Limited | — | P | — | — | — | — | |
Vehicle/Equipment Services | |||||||
Automobile Washing/Detailing, full service | — | MUP | — | MUP | MUP | — | |
Automobile Washing/Detailing, self-service or accessory | P | P | — | P | MUP | — | |
Service Stations | CUP | CUP | — | CUP | CUP | — | Section 20.48.210 |
Other Uses | |||||||
Accessory Structures and Uses | P | P | P | P | P | P | |
Drive-Through Facilities | MUP | MUP | MUP | MUP | MUP | — | Section 20.48.080 |
Special Events | Chapter 11.03 | ||||||
Outdoor Storage and Display | P | P | P | P | P | MUP | Section 20.48.140 |
Temporary Uses | LTP | LTP | LTP | LTP | LTP | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section § 20.12.020 (Rules of Interpretation). |
(1) | Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. |
(2) | Permitted or Minor Use Permit Required. |
a. | For take-out service – fast casual (up to 20 seats), a minor use permit shall be required for any use located within 100 feet of any residential zoning district. |
b. | Except as provided in (2)(a), a minor use permit shall be required for any use located within 500 feet of any residential zoning district. |
c. | A minor use permit shall be required for any use that maintains late hours. |
(3) | Tobacco retail businesses are subject to the standards of Chapter 5.55 (Tobacco Retailer Businesses) including but not limited to the distance requirements contained therein. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2013-4 §§ 1, 2, 2013; Ord. 2014-1 §§ 3, 4, 2014; Ord. 2015-15 § 1, 2015; Ord. 2015-35 § 6 (Exh. C), 2015; Ord. 2021-27 § 1 (Exh. A § 1), 2021; Ord. 2023-4 § 1 (Exh. W § 1), 2023; Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2023-22 §§ 895—898, 2023; Ord. 2026-6, 6/9/2026)
§ 20.20.030 Commercial Zoning Districts General Development Standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6 and Table 2-7, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards).
TABLE 2-6 DEVELOPMENT STANDARDS FOR COMMERCIAL OFFICE ZONING DISTRICTS | |||||
|---|---|---|---|---|---|
Development Feature | OA | OG | OM | OR | Additional Requirements |
Lot Dimensions | Minimum dimensions required for each newly created lot | ||||
Lot Area (1) | 25,000 sq. ft. | 5,000 sq. ft. | 25,000 sq. ft. | 10,000 sq. ft. | |
Lot Width | 100 ft. | 50 ft. | 100 ft. | 100 ft. | |
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. | ||||
Front or adjacent to a street | 15 ft | N/A | 15 ft. | 15 ft. | |
Lots fronting on Old Newport Blvd. or Westminster Ave. | N/A | 0 | N/A | N/A | |
Side (interior, each) | |||||
Abutting nonresidential | 0 | 0 | 0 | 0 | |
Abutting residential | N/A | 5 ft. | 5 ft. | N/A | |
Side (Street side) | 15 ft. | 15 ft. | 15 ft. | 15 ft. | |
Lots fronting on Old Newport Blvd. or Westminster Ave. | N/A | 0 | N/A | N/A | |
Rear | 0 | 0 | 0 | 0 | |
Abutting alley | N/A | 5 ft. | N/A | N/A | |
Abutting residential | N/A | 5 ft. | 5 ft. | N/A | |
Floor Area Ratio | 0.5 for office uses. 0.75 for warehouse uses. | As identified on the Official Zoning Map. | 0.75, except as identified on the Official Zoning Map. | As identified on the Official Zoning Map. | |
Height | Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | ||||
Within Shoreline Height Limit Zone | 26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch | Section 20.30.060 | |||
Not within Shoreline Height Limit Zone | 32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch | ||||
Within High Rise Height Limit Zone (See Figure H-1, attached to the ordinance codified in this title). | 300 ft. | ||||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | ||||
Landscaping | See Chapter 20.36 (Landscaping Standards). | ||||
Lighting | See Section 20.30.070 (Outdoor Lighting). | ||||
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | ||||
Parking | See Chapter 20.40 (Off-Street Parking). | ||||
Signs | See Chapter 20.42 (Sign Standards). | ||||
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). |
TABLE 2-7 DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS | |||||||
|---|---|---|---|---|---|---|---|
Development Feature | CC | CG | CM | CN | CV | CV-LV | Additional Require-ments |
Lot Dimensions | Minimum dimensions required for each newly created lot | ||||||
Lot Area (1) Lot Width | 5,000 sq. ft. 25 ft. | 10,000 sq. ft. 50 ft. | N/A N/A | 20,000 sq. ft 100 ft. | N/A N/A | 10,000 sq. ft. 50 ft. | |
Setbacks | Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback Areas) for setback measurement, allowed projections into setbacks, and exceptions. | ||||||
Front | 0 | 0 | 0 | 0 | 0 | Newport Blvd: 1 ft. for below grade structures; 20 ft. for structures up to 35 ft. in height; 60 ft. for structures over 35 ft. in height | |
Side (interior, each): | |||||||
Abutting nonresidential | 0 | 0 | 0 | 0 | 0 | 1 ft. for below grade structures; 5 ft. for above grade structures | |
Abutting residential | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | |
Side (Street side) | 0 | 0 | 0 | 0 | 0 | 32nd Street: 1 ft. for below grade structures; 1 ft. for structures up to 35 ft. in height; 70 ft. for structures over 35 ft. in height Via Oporto: 0 | |
Rear: | |||||||
Abutting an alley | 10 ft. | 10 ft. | 10 ft. | 10 ft. | 10 ft. | 5 ft. | |
Not abutting an alley | 0 | 0 | 0 | 0 | 0 | 0 | |
Abutting residential | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. | |
Open Space | N/A | N/A | N/A | N/A | N/A | 20% | |
Bulkhead Setback | Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. | ||||||
Floor Area Ratio (2) (3) | The specific floor area limitations for each zoning district are identified on the Zoning Map. | ||||||
Height | Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | ||||||
Within Shoreline Height Limit Zone | 26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch | 55 ft. with flat roof, less than 3/12 roof pitch; 60 ft. with sloped roof, 3/12 roof pitch or greater (4) | 20.30.060 See CLUP Policy 4.4.2-1 | ||||
Not within Shoreline Height Limit Zone | 32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch | N/A | |||||
Within High Rise Height Area (See Figure H-1, attached to the ordinance codified in this title). | 300 | N/A | |||||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | ||||||
Landscaping | See Chapter 20.36 (Landscaping Standards). | ||||||
Lighting | See Section 20.30.070 (Outdoor Lighting). | ||||||
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | ||||||
Parking | See Chapter 20.40 (Off-Street Parking). | ||||||
Signs | See Chapter 20.42 (Sign Standards). | ||||||
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(2) | In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 (Subdivisions). |
(3) | Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. |
(4) | Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-35 § 7 (Exh. D), 2015; Ord. 2022-22 § 3 (Exh. B), 2022)
§ 20.22.010 Purposes of Mixed-Use Zoning Districts.
The purposes of the individual mixed-use zoning districts and the manner in which they are applied are provided below. For the purpose of this Zoning Code, mixed-use projects shall comply with nonresidential standards when no mixed-use standards exist.
A.
MU-V (Mixed-Use Vertical) Zoning District. This zoning district is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above.
B.
MU-MM (Mixed-Use Mariners’ Mile) Zoning District. This zoning district applies to properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor (See Figure A-5, attached to the ordinance codified in this title). Properties fronting on Coast Highway may be developed for nonresidential uses only. Properties to the rear of the commercial frontage may be developed for free-standing nonresidential uses, multi-unit residential dwelling units, or mixed-use structures that integrate residential above the ground floor with nonresidential uses on the ground floor.
C.
MU-DW (Mixed-Use Dover/Westcliff) Zoning District. This zoning district applies to properties located in the Dover Drive/Westcliff Drive area. Properties may be developed for professional office or retail uses, or as horizontal or vertical mixed-use projects that integrate multi-unit residential dwelling units with retail and/or office uses.
D.
MU-CV/15th St. (Mixed-Use Cannery Village and 15th Street) Zoning District. This zoning district applies to areas where it is the intent to establish a cohesively developed district or neighborhood containing multi-unit residential dwelling units with clusters of mixed-use and/or commercial structures on interior lots of Cannery Village and 15th Street on Balboa Peninsula. Allowed uses may include multi-unit dwelling units; nonresidential uses; and/or mixed-use structures, where the ground floor is restricted to nonresidential uses along the street frontage. Residential uses and overnight accommodations are allowed above the ground floor and to the rear of uses along the street frontage. Mixed-use or nonresidential structures are required on lots at street intersections and are allowed, but not required, on other lots.
E.
MU-W1 (Mixed-Use Water) Zoning District. This zoning district applies to waterfront properties along the Mariners’ Mile Corridor (See Figure A-5, attached to the ordinance codified in this title) in which nonresidential uses and residential dwelling units may be intermixed. A minimum of fifty (50) percent of the allowed square footage in a mixed-use development shall be used for nonresidential uses in which marine-related and visitor-serving land uses are mixed as provided in Table 2-10. A site development review, in compliance with Section 20.52.080, shall be approved prior to any development to ensure that the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. Design of nonresidential space to facilitate marine-related uses is encouraged.
F.
MU-W2 (Mixed-Use Water) Zoning District. This zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.22.020 Mixed-Use Zoning Districts Land Uses and Permit Requirements.
A.
Allowed Land Uses. Tables 2-8, 2-9, and 2-10 indicate the uses allowed within each zoning district and the permit required to establish each use, in compliance with Part 5 of this title (Planning Permit Procedures).
B.
Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific zoning district.
C.
Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.
TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS | Mixed-Use Zoning Districts Permit Requirements | ||||
|---|---|---|---|---|---|
P CUP MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not Allowed * | ||||
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | MU-V | MU-MM (6) | MU-DW | MU-CV/ 15th St. (7) | Specific Use Regulations |
Industry, Manufacturing and Processing, Warehousing Uses | |||||
Handicraft Industry | P | P | P | P | |
Industry, Marine-Related | — | CUP | — | MUP | |
Research and Development | P | P | P | P | |
Recreation, Education, and Public Assembly Uses | |||||
Assembly/Meeting Facilities | CUP | CUP | CUP | CUP | |
Commercial Recreation and Entertainment | CUP | CUP | CUP | CUP | |
Cultural Institutions | P | P | P | P | |
Schools, Public and Private | CUP | CUP | CUP | CUP | |
Residential Uses | |||||
Accessory Dwelling Units and Junior Accessory Dwelling Units | P | P | P | P | Section 20.48.200 |
Single-Unit Dwellings | |||||
Located on 1st floor | — | — | — | P (3) | Section 20.48.130 |
Located above 1st floor | P (1) | — | — | P (3) | Section 20.48.130 |
Multi-Unit Dwellings | |||||
Located on 1st floor | — | P (1)(2) | P (1) | P (3) | Section 20.48.130 |
Located above 1st floor | P (1) | P (1)(2) | P (1) | P (3) | Section 20.48.130 |
Two-Unit Dwellings | |||||
Located on 1st floor | — | — | — | P (3) | Section 20.48.130 |
Located above 1st floor | P (1) | — | — | P (3) | Section 20.48.130 |
Home Occupations | P | P (1) | P | P | Section 20.48.130 |
Live-Work Units | P | P (1)(2) | P | P (3) | |
Visitor Accommodations, Residential | |||||
Short Term Lodging | — | — | — | P | Chapter 5.95 |
Care Uses | |||||
Adult Day Care | |||||
Small (6 or fewer) | P | P | P | P | |
Child Day Care | |||||
Small (8 or fewer) | P | P | P | P | Section 20.48.070 |
Day Care, General | — | MUP | — | MUP | Section 20.48.070 |
Retail Trade Uses | |||||
Alcohol Sales (off-sale) | MUP | MUP | — | MUP | Section 20.48.030 |
Alcohol Sales (off-sale), Accessory Only | P | P | P | P | |
Marine Rentals and Sales | |||||
Boat Rentals and Sales | CUP | P | — | CUP | |
Marine Retail Sales | P | P | P | P | |
Retail Sales (8) | P | P | P | P | |
Service Uses—Business, Financial, Medical, and Professional | |||||
ATMs | P | P | P | P | |
Emergency Health Care/Urgent Care | MUP | MUP | MUP | MUP | |
Financial Institutions and Related Services | P | P | P | P | |
Offices—Business | P | P | P | P | |
Offices—Medical and Dental | P | P | P | P | |
Offices—Professional | P | P | P | P | |
Service Uses—General | |||||
Animal Sales and Services | |||||
Animal Grooming | P | P | P | P | Section 20.48.050 |
Animal Retail Sales | P | P | — | P | Section 20.48.050 |
Veterinary Services | — | CUP | CUP | — | Section 20.48.050 |
Artists’ Studios | P | P | P | P | |
Eating and Drinking Establishments | |||||
Accessory Food Service (open to public) | P | P | P | P | Section 20.48.090 |
Fast Food (no late hours) (4)(5) | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Fast Food (with late hours) (4) | MUP | MUP | P/MUP | MUP | Section 20.48.090 |
Food Service (no late hours) (4)(5) | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Food Service (with late hours) (4) | CUP | CUP | CUP | CUP | Section 20.48.090 |
Take-Out Service—Fast-Casual (up to 20 seats) (4)(5) | P/MUP | P/MUP | P/MUP | P/MUP | Section 20.48.090 |
Alcohol Sales (off-sale) (with late hours) (4) | CUP | CUP | — | CUP | Section 20.48.030 |
Health/Fitness Facilities | |||||
Small—2,000 sq. ft. or less | P | P | MUP | P | |
Large—Over 2,000 sq. ft | CUP | CUP | CUP | CUP | |
Laboratories | — | — | P | — | |
Maintenance and Repair Services | P | P | — | P | |
Marine Services | |||||
Entertainment and Excursion Services | P | P | — | P | Title 17 |
Marine Service Stations | CUP | — | — | — | |
Personal Services | |||||
Massage Establishments | MUP | MUP | MUP | MUP | Chapter 5.50 Section 20.48.120 |
Massage Services, Accessory | MUP | MUP | MUP | MUP | Section 20.48.120 |
Nail Salons | P | P | P | P | |
Personal Services, General | P | P | P | P | |
Personal Services, Restricted | MUP | MUP | MUP | MUP | |
Studio | MUP | MUP | MUP | MUP | |
Postal Services | P | P | P | P | |
Printing and Duplicating Services | P | P | P | P | |
Smoking Lounges | — | — | — | — | |
Visitor Accommodations | |||||
Hotels, Motels, and Time Shares | CUP | CUP | — | CUP | |
Bed and Breakfast Inns | — | CUP | — | — | |
Transportation, Communications, and Infrastructure Uses | |||||
Parking Facility | MUP | MUP | MUP (2) | MUP (2) | |
Marinas | Title 17 | ||||
Marina Support Facilities | MUP | MUP | — | MUP | |
Utilities, Minor | P | P | P | P | |
Utilities, Major | CUP | CUP | CUP | CUP | |
Wireless Telecommunication Facilities | CUP/MUP/LTP | CUP/MUP/LTP | CUP/MUP/LTP | CUP/MUP/LTP | Chapter 20.49 |
Vehicle Rental, Sale, and Service Uses | |||||
Vehicle/Equipment Rentals | |||||
Office Only | P | P | P | P | |
Limited (no outdoor storage) | — | MUP | — | — | |
Vehicle/Equipment Repair | |||||
Limited | — | MUP | — | — | |
Vehicle Sales | — | CUP | — | — | |
Vehicle Sales, Office Only | P | P | P | — | |
Vehicle/Equipment Services | |||||
Automobile Washing | — | CUP | — | — | |
Service Stations | — | CUP | — | — | Section 20.48.210 |
Other Uses | |||||
Accessory Structures and Uses | MUP | MUP | MUP | MUP | |
Outdoor Storage and Display | MUP | MUP | MUP | MUP | Section 20.48.140 |
Personal Property Sales | P | P | P | P | Section 20.48.150 |
Special Events | Chapter 11.03 | ||||
Temporary Uses | LTP | LTP | LTP | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section § 20.12.020 (Rules of Interpretation). |
(1) | Allowed only as part of a mixed-use development. Refer to Section § 20.48.130 (Mixed-Use Projects) for additional development standards. |
(2) | Not allowed to front onto coast highway. Coast highway frontage shall be limited to nonresidential uses. See Table 2-10 (Development Standards for Vertical and Horizontal Mixed-Use Zoning Districts). |
(3) | Not allowed on lots at street intersections unless part of a mixed-use or live-work structure. |
(4) | Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public after 11:00 p.m. any day of the week. |
(5) | Permitted or Minor Use Permit Required. |
a. | For take-out service – fast casual (up to 20 seats), a minor use permit shall be required for any use located within 100 feet of any residential zoning district. |
b. | Except as provided in (5)(a), a minor use permit shall be required for any use located within 500 feet of any residential zoning district. |
c. | A minor use permit shall be required for any use that maintains late hours. |
(6) | Properties fronting on coast highway shall be developed with nonresidential uses as allowed in Table 2-9. Properties to the rear of the commercial frontage may be developed for freestanding nonresidential uses, multi-unit residential dwelling units, or mixed-use structures that integrate multi-unit residential above the ground floor with nonresidential uses on the ground floor. See Table 2-10 (Development Standards for Vertical and Horizontal Mixed-Use Zoning Districts). |
(7) | Mixed-use or commercial structures are required on lots at street intersections and are allowed, but not required, on other lots. |
(8) | Tobacco retail businesses are subject to the standards of Chapter 5.55 (Tobacco Retailer Businesses) including but not limited to the distance requirements contained therein. |
TABLE 2-9 ALLOWED USES AND PERMIT REQUIREMENTS | Mixed-Use Zoning Districts Permit Requirements | ||
|---|---|---|---|
P CUP MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not allowed * | ||
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | MU-W1 (5)(6) | MU-W2 | Specific Use Regulations |
Industry, Manufacturing and Processing, Warehousing Uses | |||
Handicraft Industry | P | P | |
Industry, Marine-Related | P | P | |
Research and Development | P | P | |
Recreation, Education, and Public Assembly Uses | |||
Assembly/Meeting Facilities | |||
Small—5,000 sq. ft. or less (religious assembly may be larger than 5,000 sq. ft.) | CUP | CUP | |
Commercial Recreation and Entertainment | CUP | CUP | |
Cultural Institutions | P | P | |
Parks and Recreational Facilities | CUP | CUP | |
Schools, Public and Private | CUP | CUP | |
Residential Uses | |||
Accessory Dwelling Units and Junior Accessory Dwelling Units | P | P | Section 20.48.200 |
Single-Unit Dwellings | |||
Located on 1st floor | — | — | |
Located above 1st floor | P (1) | P (2) | Section 20.48.130 |
Multi-Unit Dwellings | |||
Located on 1st floor | — | — | |
Located above 1st floor | P (1) | P (2) | Section 20.48.130 |
Two-Unit Dwellings | |||
Located on 1st floor | — | — | |
Located above 1st floor | P (1) | P (2) | |
Home Occupations | P | P (2) | Section 20.48.110 |
Visitor Accommodations, Residential | |||
Short Term Lodging | — | P | Chapter 5.95 |
Care Uses | |||
Adult Day Care | |||
Small (6 or fewer) | P | P | |
Child Day Care | |||
Small (8 or fewer) | P | P | Section 20.48.070 |
Day Care, General | — | MUP | Section 20.48.070 |
Retail Trade Uses | |||
Alcohol Sales (off-sale) | MUP | MUP | Section 20.48.030 |
Alcohol Sales (off-sale), Accessory Only | P | P | |
Marine Rentals and Sales | |||
Boat Rentals and Sales | P | P | |
Marine Retail Sales | P | P | |
Retail Sales (8) | P | P | |
Visitor-Serving Retail | P | P | |
Service Uses—Business, Financial, Medical, and Professional | |||
ATMs | P | P | |
Emergency Health Facilities/Urgent Care | — | P | |
Financial Institutions and Related Services (above 1st floor only) | P | P | |
Financial Institutes and Related Services (1st floor) | — | — | |
Offices—Business | P | P | |
Offices—Medical and Dental (above 1st floor only) | — | P | |
Offices—Profession | P | P | |
Service Uses—General | |||
Animal Retail Sales | MUP | MUP | Section 20.48.050 |
Artists’ Studios | P | P | |
Eating and Drinking Establishments | |||
Accessory Food Service (open to public) | P | P | Section 20.48.090 |
Fast Food (no late hours) (3)(4) | P/MUP | P/MUP | Section 20.48.090 |
Fast Food (with late hours) (3) | MUP | MUP | Section 20.48.090 |
Food Service (no alcohol, no late hours) (3)(4) | P/MUP | P/MUP | Section 20.48.090 |
Food Service (no late hours) (3) | MUP | MUP | Section 20.48.090 |
Food Service (with late hours) (3) | CUP | CUP | Section 20.48.090 |
Take-Out Service—Fast-Casual (up to 20 seats) (3)(4) | P/MUP | P/MUP | Section 20.48.090 |
Health/Fitness Facilities | |||
Small—2,000 sq. ft. or less | P | P | |
Maintenance and Repair Services | P | P | |
Marine Services | |||
Boat Storage | CUP | CUP | |
Boat Yards | CUP | CUP | |
Entertainment and Excursion Services | P | P | |
Marine Service Stations | CUP | CUP | |
Water Transportation Services | P | P | |
Personal Services | |||
Massage Establishments | MUP | MUP | Chapter 5.50 Section 20.48.120 |
Massage Services, Accessory | MUP | MUP | Section 20.48.120 |
Nail Salons | P | P | |
Personal Services, General | P | P | |
Personal Services, Restricted | MUP | MUP | |
Smoking Lounges | — | — | |
Visitor Accommodations | |||
Hotels, Motels, Bed and Breakfast Inns, and Time Shares | CUP | CUP | |
Transportation, Communications, and Infrastructure | |||
Parking Facilities | MUP | MUP | |
Communication Facilities | P | P | |
Heliports and Helistops (7) | CUP | CUP | |
Marinas | Title 17 | ||
Marina Support Facilities | MUP | MUP | |
Utilities, Minor | P | P | |
Utilities, Major | CUP | CUP | |
Wireless Telecommunication Facilities | CUP/MUP/ LTP | CUP/MUP/LTP | Chapter 20.49 |
Other Uses | |||
Accessory Structures and Uses | MUP | MUP | |
Outdoor Storage and Display | MUP | MUP | Section 20.48.140 |
Personal Property Sales | P | P | Section 20.48.150 |
Special Events | Chapter 11.03 | ||
Temporary Uses | LTP | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section § 20.12.020 (Rules of Interpretation). |
(1) | May only be located on lots with a minimum of 200 lineal feet of frontage on coast highway. Refer to Section § 20.48.130 (Mixed-Use Projects) for additional development standards. |
(2) | May only be located above a commercial use and not a parking use. Refer to Section § 20.48.130 (Mixed-Use Projects) for additional development standards. |
(3) | Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. |
(4) | Permitted or Minor Use Permit Required. |
a. | For take-out service – fast casual (up to 20 seats), a minor use permit shall be required for any use located within 100 feet of any residential zoning district. |
b. | Except as provided in (4)(a), a minor use permit shall be required for any use located within 500 feet of any residential zoning district. |
c. | A minor use permit shall be required for any use that maintains late hours. |
(5) | Approval of a minor site development review, in compliance with Section § 20.52.080, shall be required prior to any development to ensure that the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. |
(6) | A minimum of 50% of the square footage of a mixed-use development shall be used for nonresidential uses. |
(7) | Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. |
(8) | Tobacco retail businesses are subject to the standards of Chapter 5.55 (Tobacco Retailer Businesses) including but not limited to the distance requirements contained therein. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-1 §§ 5, 6, 2014; Ord. 2020-9 § 3, 2020; Ord. 2021-11 § 1, 2021; Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2023-22 §§ 899—902, 2023; Ord. 2023-23 § 1 (Exh. A §§ 18, 19), 2023; Ord. 2026-6, 6/9/2026)
§ 20.22.030 Mixed-Use Zoning Districts General Development Standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-10, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards).
TABLE 2-10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS | |||||
|---|---|---|---|---|---|
Development Feature | MU-V | MU-MM | MU-DW | MU-CV/15th St. | Additional Regulations |
Lot Dimensions (1)(2) | Minimum dimensions required for each newly created lot. | ||||
Lot Area (2) | 2,500 sq. ft. | 10,000 sq. ft. | 40,000 sq. ft. | 5,000 sq. ft. | |
Lot Width (2) | 25 ft. | 50 ft. | 100 ft. | 40 ft. | |
Density Range | Minimum/maximum allowable density range for residential uses. | ||||
Lot area required per unit (sq. ft.) (3) | Minimum: 1,631 Maximum: 2,167 (5) | Minimum: 1,631 Maximum: 2,167 For property beginning 100 ft. north of Coast Hwy. | Minimum: 1,631 Maximum: 2,167 | Minimum: 1,631 Maximum: 2,167 (5) | |
Floor Area Ratio (FAR) (4) | |||||
Mixed-use development | Min. 0.35 Max. 0.50 for nonresidential Max. 1.0 for residential. | Min. 0.25 Max. 0.50 for nonresidential Max. 1.0 for residential. | Min. 0.25 Max. 0.50 for nonresidential Max. 1.0 for residential. | Min. 0.25 Max. 0.50 for nonresidential Max. 1.0 for residential. | |
Nonresidential only | 0.75 | 0.50 | 0.50 | 0.50 | |
Residential only | N/A | N/A | N/A | 1.5 | |
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. | ||||
Front | 0 | 0 | 0 | 0 | |
Side | 0 | 0 | 0 | 0 | |
Side adjoining a residential district | 5 ft. | 5 ft. | 5 ft. | 5 ft. | |
Rear | 0 | 0 | 0 | 0 | |
Rear adjoining residential district | 5 ft. | 5 ft. | 5 ft. | 5 ft. | |
Rear adjoining an alley | 10 ft. | 5 ft. | 0 | 10 ft. | |
Bulkhead setback | 10 ft. | N/A | |||
Open Space | |||||
Common open space | Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) | ||||
Private open space | 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) | ||||
Separation Distance | Minimum distance between detached residential structures on same lot. | ||||
10 ft. | 10 ft. | 10 ft. | 10 ft. | ||
Height | Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | ||||
MU-V, MU-MM, and MU-CV/15th St. MU-DW | 26 ft. with flat roof, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater 32 ft. with flat roof, less than 3/12 roof pitch 37 ft. with sloped roof, 3/12 roof pitch or greater | ||||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | ||||
Landscaping | See Chapter 20.36 (Landscaping Standards). | ||||
Lighting | See Section 20.30.070 (Outdoor Lighting). | ||||
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | ||||
Parking | See Chapter 20.40 (Off-Street Parking). | ||||
Satellite Antennas | See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). | ||||
Signs | See Chapter 20.42 (Sign Standards). | ||||
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(2) | The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. |
(3) | For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands are included in land area of the lot. |
(4) | Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area of structures. |
(5) | The minimum density may be modified or waived through the approval of a site development review. The review authority may only waive or modify the minimum density upon making the finding that the subject property contains unique site constraints that prevent the project from complying with this standard. |
TABLE 2-11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS | |||
|---|---|---|---|
Development Feature | MU-W1 (3) | MU-W2 | Additional Requirements |
Lot Dimensions (1)(2) | Minimum dimensions required for each newly created lot. | ||
Lot Area | |||
Mixed-use structures | 20,000 sq. ft. | 2,500 sq. ft. | |
Non-mixed-use structures | 10,000 sq. ft. | 2,500 sq. ft. | |
Lot Width | |||
Mixed-use structures | 200 ft. | 25 ft. | |
Non-mixed-use structures | 50 ft. | 25 ft. | |
Density (4) | Minimum/maximum allowable density range for residential uses. | ||
Lot area required per unit | Minimum: 7,260 sq. ft. per unit | Minimum: 1,631 sq. ft. Maximum: 2,167 sq. ft. (6) | |
Floor Area Ratio (FAR) (5) | |||
Mixed-use development | Min. 0.35 and Max. 0.5 for nonresidential uses. Max. 0.5 for residential uses. (3) | Min. 0.35 and Max. 0.5 for nonresidential. Max. 0.75 for residential uses. | |
Max. 1.0 for mixed-use projects | Lido Marina Village Min. 0.35 Max. 0.7 for nonresidential and 0.8 residential. | ||
Nonresidential only | 0.5 commercial only (3) | 0.5 commercial only | |
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. | ||
Front | 0 | 0 | |
Side | 0 | 0 | |
Side adjoining a residential district | 5 ft. | 5 ft. | |
Rear | 0 | 0 | |
Rear residential portion of mixed use | N/A | 5 ft. | |
Rear nonresidential adjoining a residential district | N/A | 5 ft. | |
Rear adjoining an alley | N/A | 10 ft. | |
Bulkhead setback | 10 ft. | 10 ft. | |
Open Space | N/A | N/A | |
Common open space | Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) | ||
Private open space | 5% of the gross floor area for each dwelling unit. (The minimum dimension (length and width) shall be 6 feet.) | ||
Separation Distance | Minimum distance between detached structures on same lot. | ||
10 ft. | 10 ft. | ||
Height | Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | ||
26 ft. with flat roof, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater | |||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | ||
Landscaping | See Chapter 20.36 (Landscaping Standards). | ||
Lighting | See Section 20.30.070 (Outdoor Lighting). | ||
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | ||
Parking | See Chapter 20.40 (Off-Street Parking). | ||
Satellite Antennas | See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). | ||
Signs | See Chapter 20.42 (Sign Standards). | ||
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(2) | The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. |
(3) | A minimum of fifty (50) percent of the square footage in a mixed-use development shall be used for nonresidential uses. |
(4) | For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands shall be included in land area of the site. |
(5) | Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of calculating the allowable floor area of structures. |
(6) | The minimum density may be modified or waived through the approval of a site development review. The review authority may only waive or modify the minimum density upon making the finding that the subject property contains unique site constraints that prevent the project from complying with this standard. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2013-9 §§ 1, 2, 2013)
§ 20.24.010 Purposes of Industrial Zoning District.
The IG Zoning District is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses (e.g., light manufacturing and research and development) and limited accessory commercial and office uses.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.24.020 Industrial Zoning District Land Uses and Permit Requirements.
A.
Allowed Land Uses. Table 2-12 indicates the uses allowed within each zoning district and the permit required to establish each use, in compliance with Part 5 of this title (Planning Permit Procedures).
B.
Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific zoning district.
C.
Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.
TABLE 2-12 ALLOWED USES AND PERMIT REQUIREMENTS | Industrial Zoning District Permit Requirements | |
|---|---|---|
P CUP MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not allowed * | |
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | IG | Specific Use Regulations |
Industry, Manufacturing and Processing, Warehousing Uses | ||
Food Processing | P | |
Handicraft Industry | P | |
Industry | ||
Small—10,000 sq. ft. or less | P | |
Large—Over 10,000 sq. ft. | MUP | |
Personal Storage (Mini Storage) | MUP | |
Research and Development, General | P | |
Research and Development, Restricted | MUP | |
Warehousing | ||
Small—10,000 sq. ft. or less | P | |
Large—Over 10,000 sq. ft | MUP | |
Wholesaling | P | |
Recreation, Education, and Public Assembly Uses | ||
Assembly/Meeting Facilities | CUP | |
Retail Trade Uses | ||
Alcohol Sales (off-sale) | MUP | Section 20.48.030 |
Alcohol Sales (off-sale), Accessory Only | P | |
Building Materials and Services | P | |
Contractor’s Storage Yards | MUP | |
Marine Rentals and Sales | ||
Boat Rentals and Sales | MUP | |
Marine Retail Sales | P | |
Retail Sales (3) | P | |
Service Uses—Business, Financial, Medical, and Professional | ||
ATMs | P | |
Offices—Business and Professional | P | |
Service Uses—General | ||
Ambulance Services | P | |
Animal Sales and Services | ||
Animal Boarding/Kennels | MUP | Section 20.48.050 |
Animal Grooming | P | Section 20.48.050 |
Animal Hospitals/Clinics | MUP | Section 20.48.050 |
Animal Retail Sales | P | Section 20.48.050 |
Catering Services | P | |
Eating and Drinking Establishments | ||
Take-Out Service—Limited | P | Section 20.48.090 |
Wine Tasting Room (1) | CUP | Section 20.48.090 |
Funeral Homes and Mortuaries | CUP | |
Health/Fitness Facilities | ||
Small—2,000 sq. ft. or less | P | |
Large—Over 2,000 sq. ft. | MUP | |
Laboratories | P | |
Maintenance and Repair Services | P | |
Marine Services | ||
Boat Storage | MUP | |
Boat Yards | MUP | |
Personal Services | ||
Studios | P | |
Postal Services | P | |
Printing and Duplicating Services | P | |
Recycling Facilities | ||
Collection Facility—Large | CUP | Section 20.48.160 |
Collection Facility—Small | MUP | Section 20.48.160 |
Transportation, Communications, and Infrastructure Uses | ||
Communication Facilities | P | |
Heliports and Helistops (2) | CUP | |
Parking Facilities | P | |
Utilities, Minor | P | |
Utilities, Major | CUP | |
Wireless Telecommunication Facilities | CUP/MUP/LTP | Chapter 20.49 |
Vehicle Rental, Sale, and Service Uses | ||
Vehicle/Equipment Rentals | ||
Office Only | P | |
Limited | P | |
Vehicles for Hire | CUP | |
Vehicle/Equipment Rentals and Sales | MUP | |
Vehicle/Equipment Repair | ||
General | CUP | |
Limited | MUP | |
Vehicle/Equipment Services | ||
Automobile Washing/Detailing | MUP | |
Service Stations | CUP | Section 20.48.210 |
Vehicle Storage | MUP | |
Other Uses | ||
Accessory Structures and Uses | P | |
Caretaker Residence | P | |
Drive-Through Facilities | CUP | Section 20.48.080 |
Outdoor Storage and Display | MUP | Section 20.48.140 |
Special Events | Chapter 11.03 | |
Temporary Uses | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section § 20.12.020 (Rules of Interpretation). |
(1) | Wine Tasting Room Hours of Operation. The permitted hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. |
(2) | Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. |
(3) | Tobacco retail businesses are subject to the standards of Chapter 5.55 (Tobacco Retailer Businesses) including but not limited to the distance requirement contained therein. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-1 § 7, 2014; Ord. 2021-6 § 1, 2021; Ord. 2026-6, 6/9/2026)
§ 20.24.030 Industrial Zoning Districts General Development Standards.
New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-13, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards).
TABLE 2-13 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICT | ||
|---|---|---|
Development Feature | IG | Additional Requirements |
Lot Dimensions | Minimum dimensions required for each newly created lot. | |
Lot Area | 10,000 sq. ft. | |
Lot Width | 0 | |
Setbacks | The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. | |
Front | 15 ft. | |
Side (Interior) | 0 | |
Adjoining a nonindustrial zoning district | 10 ft. | |
Side (Street side) | 15 ft. | |
Rear | 0 | |
Adjoining a nonindustrial zoning district | 10 ft. | |
Floor Area Ratio | 0.75, or specified on the Official Zoning Map | |
Height | Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | |
32 ft. with flat roof, less than 3/12 roof pitch 37 ft. with sloped roof, 3/12 roof pitch or greater | ||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | |
Landscaping | See Chapter 20.36 (Landscaping Standards). | |
Lighting | See Section 20.30.070 (Outdoor Lighting). | |
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | |
Parking | See Chapter 20.40 (Off-Street Parking). | |
Signs | See Chapter 20.42 (Sign Standards). | |
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.26.010 Purposes of Special Purpose Zoning Districts.
The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows:
A.
OS (Open Space) Zoning District. The OS Zoning District is intended to:
1.
Provide areas to maintain and protect the community’s natural open space resources; and
2.
Maintain and protect landscaped open space areas located within residential and nonresidential developments, where no further development is allowed.
B.
PC (Planned Community) Zoning District. The PC Zoning District is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while maintaining the spirit and intent of this Zoning Code; and to include a variety of land uses, consistent with the General Plan, through the adoption of a development plan and related text that provides land use relationships and associated development standards.
C.
PF (Public Facilities) Zoning District. The PF Zoning District is intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public hospitals, public utilities, and public schools.
D.
PI (Private Institutions) Zoning District. The PI Zoning District is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities.
E.
PR (Parks and Recreation) Zoning District. The PR Zoning District is intended to provide for areas appropriate for land used or proposed for active public or private recreational use. Allowed uses include aquatic facilities, golf courses, marina support facilities, parks (both active and passive), private recreational facilities, tennis clubs and courts, and similar recreational facilities.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.26.020 Special Purpose Zoning Districts Land Uses and Permit Requirements.
A.
Allowed Land Uses. Table 2-14 indicates the uses allowed within each zoning district and the permit required to establish each use, in compliance with Part 5 of this title (Planning Permit Procedures).
B.
Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific zoning district.
C.
Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use.
TABLE 2-14 ALLOWED USES AND PERMIT REQUIREMENTS | Special Purpose Zoning Districts Permit Requirements | ||||
|---|---|---|---|---|---|
P CUP MUP LTP — | Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Not allowed * | ||||
Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. | OS | PF | PI | PR | Specific Use Regulations |
Recreation, Education, and Public Assembly Uses | |||||
Assembly/Meeting Facilities | — | MUP | MUP | MUP | |
Commercial Recreation and Entertainment | — | — | MUP | CUP | |
Cultural Institutions | — | MUP | MUP | MUP | |
Parks and Recreational Facilities | |||||
Active | — | MUP | MUP | MUP | |
Passive | MUP | MUP | MUP | MUP | |
Marine and Wildlife Preserves | MUP | — | — | — | |
Schools, Public and Private | — | MUP | MUP | — | |
Care Uses | |||||
Congregate Care Home | — | — | MUP | — | |
Convalescent Facilities | — | — | MUP | — | |
Day Care, General | — | MUP | MUP | — | Section 20.48.070 |
Emergency Health Facility/Urgent Care | — | — | MUP | — | |
Hospital | — | — | MUP | — | |
Residential Care, Accessory Use Only | — | MUP | MUP | — | |
Retail Trade Uses | |||||
Alcohol Sales (on-sale), Accessory Only | — | — | MUP | CUP | |
Service Uses—General | |||||
Eating and Drinking Establishments | |||||
Accessory (open to public) | — | — | MUP | MUP | Section 20.48.090 |
Emergency Shelters | — | — | P | — | Section 20.48.100 |
Governmental Facilities | — | MUP | — | MUP | |
Marine Services—Boat Storage and Boat Yard, Accessory Only | — | MUP | MUP | MUP | |
Transportation, Communications, and Infrastructure | |||||
Parking Facilities, Accessory Only | — | MUP | MUP | MUP | |
Heliports and Helistops (1) | — | MUP | — | — | |
Marinas | MC Title 17 | ||||
Marina Support Facilities | — | MUP | MUP | MUP | |
Utilities, Minor | P | P | P | P | |
Utilities, Major | CUP | CUP | CUP | CUP | |
Wireless Telecommunication Facilities | CUP/MUP/ LTP | CUP/MUP/ LTP | CUP/MUP/ LTP | CUP/MUP/ LTP | Chapter 20.49 |
Other Uses | |||||
Accessory Structures and Uses | MUP | MUP | MUP | MUP | |
Special Events | Chapter 11.03 | ||||
Temporary Uses | LTP | LTP | LTP | LTP | Section 20.52.040 |
Notes: | |
|---|---|
* | Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). |
(1) | Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-1 § 8, 2014)
§ 20.26.030 Special Purpose Zoning Districts General Development Standards.
A.
PI Zoning District. New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-15, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards).
B.
Other Zoning Districts. Except for the PI Zoning District, the development standards for all other special purpose zoning districts shall be established during review of the required permit (e.g., conditional use permit or minor use permit).
TABLE 2-15 DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL ZONING DISTRICT | ||
|---|---|---|
Development Feature | PI | Additional Requirements |
Lot Area | N/A | |
Setbacks | Minimum setbacks shall be established by the applicable use permit. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. | |
Floor Area Ratio | As specified on the Zoning Map. | |
Height | See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. | |
Within Shoreline Height Limit Zone | 26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch. | |
Not within Shoreline Height Limit Zone | 32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch. | |
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | |
Landscaping | See Chapter 20.36 (Landscaping Standards). | |
Lighting | See Section 20.30.070 (Outdoor Lighting). | |
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | |
Parking | See Chapter 20.40 (Off-Street Parking). | |
Signs | See Chapter 20.42 (Sign Standards). | |
Notes: | |
|---|---|
(1) | All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). |
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail.
A.
MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character.
B.
PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking.
C.
B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps).
D.
HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element’s focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps).
E.
H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities.
F.
Special Flood Hazard Area (VE) Overlay Zoning District. The VE Overlay District is intended to modify certain development standards for properties subject to special flood hazards as identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps (FIRM).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-12 § 2, 2015; Ord. 2020-19 § 1, 2020; Ord. 2024-16 § 2 (Exh. B), 2024; Ord. 2023-10 § 1 (Exh. A § 1), 2023; Ord. 2025-32 § 1 (Exh. A § 2), 2025)
§ 20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
A.
Uses Allowed. Uses allowed in the MHP Overlay Zoning District include only those uses listed below. When an MHP Overlay Zoning District is applied to an area, all uses previously allowed in the underlying zoning district are no longer allowed.
1.
Mobile Home Parks. Mobile home parks as regulated by the State of California.
2.
Accessory Structures and Uses. Accessory structures and uses incidental to the operation of mobile home parks (e.g., recreation facilities and/or community centers of a noncommercial nature, either public or private, storage facilities for the use of the mobile home park residents, and any other structures or uses that are incidental to the operation of a mobile home park).
B.
Removal of the Mobile Home Park Overlay District. The Council shall not approve a Zoning Map amendment that would remove the MHP designation from a property, unless all of the following findings have first been made:
1.
The proposed zoning is consistent with the General Plan, and in the event the proposed zoning is Planned Community, the PC Development Plan has been submitted and is consistent with the General Plan;
2.
The property which is the subject of the Zoning Map amendment would be more appropriately developed in compliance with the uses allowed by the underlying base zoning, or proposed zoning, and if the underlying base zoning or proposed zoning is Planned Community, that a PC Development Plan has been submitted and the property would be more appropriately developed with the uses specified in that development plan; and
3.
A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the California Government Code.
a.
A phase out plan shall not be found to be acceptable unless it includes all of the following:
i.
A time schedule and method by which existing mobile homes, cabanas, ramadas, and other substantial improvements and tenants are to be relocated or appropriately compensated;
ii.
Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants with disabilities; and
iii.
The programs or other means that are to be implemented properly address the housing impacts on those described in subsection (B)(3)(a)(ii) of this section are mitigated.
b.
For purposes of this finding, “low and moderate incomes” shall be defined in compliance with the provisions of the City’s Housing Element.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 903, 2023)
§ 20.28.030 Parking Management (PM) Overlay District.
A.
Parking Management District Plan Required. Before approving an amendment reclassifying land to a PM Overlay District, the Commission and Council shall approve a parking management district plan.
B.
Establishment of Parking Management Program(s). The parking management district plan shall identify existing and planned parking facilities and establish parking management programs necessary to adequately serve the parking needs of the area.
C.
Exemptions. The parking management district plan shall also include a formula or procedure establishing the extent to which properties shall be exempted from the requirements of Chapter 20.40 (Off-Street Parking).
D.
Parking Management Overlay Districts Established. The Parking Management Districts identified in this section and depicted in the referenced map exhibits adopted in Part 8 of this title.
1.
Balboa Village Parking Management Overlay District applies to all property located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and depicted in Parking Management Overlay Map PM-1.
a.
Purpose. The purpose of the Balboa Village Parking Management Overlay District is to identify existing and planned parking facilities and establish parking programs to adequately serve the parking needs for Balboa Village. Additionally, the District establishes modified parking requirements for properties that differ from the basic requirements of Chapter 20.40 (Off-Street Parking).
b.
Existing Parking Facilities. The City maintains six public parking lots within or near the District: (1) A Street lot, (2) B Street lot, (3) Washington Street lot, (4) Palm Street lot, (5) Balboa metered lot, and (6) Balboa Pier lot. In addition, the City provides and maintains a small number of on-street parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The City intends to maintain public parking facilities; however, should the need arise, the City may modify, add, or remove parking spaces to ensure safe and efficient operations and meet parking demand.
c.
Planned Parking Facilities. Due to the high cost of land acquisition and construction and the underutilization of existing parking, additional off-street parking facilities are not necessary to meet the demand of existing uses. Parking demand shall be monitored and evaluated by the City to determine whether additional District parking is necessary, economical, appropriate, and desirable. The City may acquire or lease parking facilities to make them available to the public.
d.
Required Off-Street Parking.
i.
Nonresidential Uses. No off-street parking shall be required for any new nonresidential use or intensification of uses except the following uses as defined by the Zoning Code: assembly/meeting facilities, commercial recreation and entertainment, cultural institutions, all marine services uses, schools, and visitor accommodations. Uses that require off-street parking shall provide said spaces in accordance with Chapters 20.40 (Off-Street Parking) and 20.38 (Nonconforming Uses and Structures).
ii.
Residential Uses. Residential uses shall provide parking in accordance with Chapters 20.40 (Off-Street Parking) and 20.38 (Nonconforming Uses and Structures).
iii.
Existing off-street parking spaces shall be preserved unless the elimination of spaces is authorized by the approval of a Site Development Review application by the Zoning Administrator.
iv.
Shared Parking for Nonresidential Uses. Notwithstanding the Zoning Code requirement that off-street parking be reserved for the use it serves, the shared use of parking is allowed and encouraged.
Shared parking shall be subject to the following requirements:
(A)
Required Off-Street Parking. When required, parking for nonresidential uses may be satisfied by leasing nearby parking spaces at off-site locations within one thousand two hundred fifty (1,250) feet of the parcel they serve. Development on multiple parcels with reciprocal access agreements is considered one site for parking purposes. If the spaces are required or otherwise leased to other uses, the hours of operation shall not significantly overlap. The distance between the parking facility and the use it serves shall be measured along public walkways from the closest portion of the parking facility to the main entrance of the use. The leasing of off-site parking to satisfy required parking shall be maintained in perpetuity when the use requires it and may only be discontinued if the use is discontinued.
(B)
Excess Parking. Parking that is not necessary to satisfy off-street parking requirements may be leased to other uses or made available to the general public.
(C)
Parking within Mixed-Use Buildings. Parking for different uses within a new, mixed-use building may be shared subject to the review and approval of a Site Development Review application.
(D)
The reduction of required parking associated with a shared parking arrangement shall be subject to the review and approval of the Director when in compliance with the following conditions:
(1)
Shared parking spaces are within one thousand two hundred fifty (1,250) feet as described in subsection (D)(1)(d)(iv)(A) of this section;
(2)
There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking;
(3)
The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses;
(4)
The property owners involved in the shared parking facilities provide a binding agreement or other legal instrument assuring the joint use of the parking facilities subject to the satisfaction of the Director;
(5)
The Director may require the preparation and implementation of a parking management program to address potential parking conflicts.
(E)
Sections 20.40.100 (Off-Site Parking) and 20.40.110(B)(2) (Joint Use of Parking Facilities) do not apply within the Balboa Village Parking Management Overlay District.
v.
Private Parking Facilities Available to the General Public. Nonresidential, off-street parking facilities are encouraged to be made available to the general public, even if the parking facility is required for existing developments. Subject to City Council review and approval, the City may enter into an agreement with the property owner for the use and/ or management of the parking facility. Allowing general public access to private off-street parking facilities shall not affect the property’s conformance with its required off-street parking. The agreement should at a minimum address hours of availability for use by the general public, signage, maintenance, duration of agreement, and liability.
e.
Suspension of In-Lieu Parking. Uses within the Balboa Village Parking Management Overlay District shall not be eligible for in-lieu parking pursuant to Sections 12.44.125 and 20.40.130. The requirement that existing uses within the Balboa Village Parking Management Overlay District participate in the in-lieu parking permit program shall be discontinued as of the effective date of the District.
f.
Voluntary Employee Parking. The City will develop and implement a voluntary Balboa Village Employee Permit Program that will include reduced fees and designated parking locations for employee parking during specified hours.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-20 § 1, 2015)
§ 20.28.040 Bluff (B) Overlay District.
A.
Applicability. This section applies to lots located in the Bluff (B) Overlay District as indicated on the Zoning Map. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this section the most restrictive standard shall prevail.
B.
Uses Allowed. Land uses allowed in the B Overlay District are all those uses allowed in the underlying zoning district.
C.
Development Area Defined. For the purpose of this section the development area of a lot is an area delineated for the purpose of regulating the placement and location of structures. Each lot within the B Overlay District shall be divided into two or more development areas. Development areas are delineated on the Development Area Maps attached to the ordinance codified in this title and are consistent with the development areas listed in subsection (D) of this section. The setbacks provided in Tables 2-2 and 2-3 in Section 20.18.030 (Residential Zoning Districts General Development Standards) are not used to determine development areas, but are only used to determine the maximum floor area limit for the lot, if applicable.
1.
Development Area A—Principal and Accessory Structures. Area A allows for the development and use of principal and accessory structures. Accessory structures allowed in Areas B and C are allowed in Area A.
2.
Development Area B—Accessory Structures. Area B allows for the development and use of accessory structures listed below. Principal structures are not allowed.
a.
Allowed Accessory Structures. The following accessory structures are allowed in Area B:
i.
Accessory structures allowed in Area C are allowed within Area B.
ii.
Barbecues.
iii.
Decks.
iv.
Detached or attached patio covers (solid or lattice).
v.
Fences, walls, and retaining walls in compliance with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
vi.
Fireplaces and fire pits.
vii.
Gazebos.
viii.
Outdoor play equipment.
ix.
Patios.
x.
Platforms.
xi.
Porches.
xii.
Spas and hot tubs.
xiii.
Swimming pools.
xiv.
Terraces.
xv.
Similar structures.
b.
Development standards for accessory structures. The following development standards apply to Area B:
i.
Covered accessory structures (e.g., trellis, gazebos, patio covers) shall not exceed twelve (12) feet in height from existing grade or finished grade or exceed four hundred (400) square feet in cumulative total area.
ii.
Retaining walls shall comply with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
3.
Development Area C—Limited Accessory Structures. Area C allows for the development and use of limited accessory structures. The following accessory structures are allowed in Area C:
a.
Benches.
b.
Drainage devices.
c.
Guardrails and handrails required by building code.
d.
Landscaping/irrigation systems.
e.
On-grade trails.
f.
On-grade stairways.
g.
Property line fences and walls, not including retaining walls.
h.
Underground utilities.
i.
Similar structures.
D.
Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibit adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibit B-1.) All contour lines refer to NAVD 88 contours.
1.
Kings Place (104-112 and 204-224).
a.
Development Area A. Between the front property line adjacent to Kings Place and the development line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb adjacent to the lot.
b.
Development Area C. All portions of the lot not located in Area A.
2.
Kings Place (116-200).
a.
Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map.
b.
Development Area B. All portions of the lot not located in Area A or C.
c.
Development Area C. Between the downslope boundary of Area A and a development line established at the twenty-six (26) foot contour line.
d.
Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400) square feet (cumulative) in area shall be allowed in Area B.
E.
Basements. Basements are allowed in Area A and may be constructed at an elevation (NAVD88) below any specified contour elevation. Basements shall not daylight on the bluff or slope face beyond Area A.
F.
Grading—All Development Areas. Grading is limited to the minimum necessary for the construction and placement of allowed structures.
G.
Encroachments.
1.
Above Grade Encroachments. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A into Area B without limitation, provided they do not require ground support. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A or Area B into Area C, provided they do not require ground support and encroach no farther than five feet into Area C and comply with any required minimum setbacks.
2.
Subterranean Structural Encroachments. Foundations, basement walls, structural supports, and shoring for principal structures may encroach a maximum of twenty-four (24) inches into an adjacent development area (B or C).
H.
Nonconforming Structures. Principal and accessory structures that do not conform to the development standards of this chapter shall comply with Section 20.38.040 (Nonconforming Structures) of this Zoning Code.
I.
Adjustment of Development Area Boundary.
1.
Reduced Development Area(s). A bluff development area shall be reduced whenever necessary to:
a.
Ensure safety and stability against slope failure (i.e., landsliding) for the economic life of a development. At a minimum, the development area shall be adjusted to ensure a slope stability factor greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff, whichever is further landward; and
b.
Ensure that the principal structures are safe from hazards due to erosional factors for the economic life of the building.
2.
Increased Development Area(s). A development area’s boundaries may be adjusted through the approval of a site development review in compliance with Section 20.52.080 (Site Development Reviews) to allow structures and grading not otherwise allowed. In addition to the site development review findings, all of the following findings shall also be made:
a.
The increased bluff development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther landward;
b.
The increased bluff development area will provide adequate protection from erosion factors for the economic life of the development;
c.
The increased bluff development area will be compatible and consistent with surrounding development; and
d.
The increased bluff development area will not have an impact on public views or sensitive habitat areas, and is not otherwise detrimental to the general public health and welfare.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 904, 2023)
§ 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts.
A.
Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlay Zoning Districts, as identified in Part 8 of this title. This includes the following subareas:
1.
HO-1—Airport Area Environs Area. The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport.
2.
HO-2—West Newport Mesa Area. The West Newport Mesa Area is located near the southwest corner of the city and primarily consists of industrial properties along 16th Street, Production Place, and 15th Street.
3.
HO-3—Dover-Westcliff Area. The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included.
4.
HO-4—Newport Center Area. The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road.
5.
HO-5—Coyote Canyon Area. The Coyote Canyon Area is located on the south side of California State Route 73, at the junction of Newport Coast Drive.
The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an “opportunity site.”
6.
HO-6—5th Cycle Housing Element Sites. Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See subsection (E) of this section for alternative review process.
B.
Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Zoning Districts with exception of HO-6 where only the base zoning standards apply:
1.
Any use that is permitted or conditionally permitted in the base zone;
2.
Multiple-unit development that meets the density requirements set forth in this section;
3.
Mixed-use development that includes a residential component which complies with the minimum density set forth in this section; and
4.
Residential supporting uses such as leasing/ sales/property management offices, fitness facilities, recreation facilities, etc.
C.
Subarea Development Standards.
1.
Development Standards. The following development standards shall apply to any residential or mixed-use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply.
TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES | ||||||
|---|---|---|---|---|---|---|
Development Feature | Housing Opportunity Subareas | |||||
HO-1 | HO-2 | HO-3 | HO-4 | HO-5 | HO-6 | |
Development Limit (units)(1) | 2,577(11) | 1,107 | 521 | 2,439(12) | 1,530 | N/A |
Lot Size/Dimension | Per Base Zone | |||||
Lot area required per unit (sq. ft.)(2) | Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ ac) | Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) | Minimum: 2,178 (20 du/ac) Maximum: 726 (60 du/ ac)(10) | All Standards Per Base Zone | ||
Setbacks | ||||||
Front | 0 ft.(3) | 10 ft.(3) | 10 ft.(3)(4) | 0(3) | 10 ft.(3) | |
Rear | 0 | 20 ft. | 20 ft. | 0 | 20 ft. | |
Side | 0(4) | |||||
Street Side | 0(3) | 10 ft.(3) | 10 ft.(3) | 0 ft.(3) | 10 ft.(3) | |
Height | Per Base Zone unless otherwise identified on the map | 65 ft. | 65 ft.(6) | Per Base Zone unless otherwise identified on the map(7) | 65 ft. | |
Building Separation | 10 ft. | |||||
Floor Area Ratio (FAR) | No restriction(8) | |||||
Common Open Space(9) | Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) | |||||
Private Open Space(9) | 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) | |||||
Fencing | See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). | |||||
Landscaping | See Chapter 20.36 (Landscaping Standards). | |||||
Lighting | See Section 20.30.070 (Outdoor Lighting). | |||||
Outdoor Storage/Display | See Section 20.48.140 (Outdoor Storage, Display, and Activities). | |||||
Parking | See subsection (D)(3) of this section and Chapter 20.40 (Off-Street Parking). | |||||
Satellite Antennas | See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). | |||||
Signs | See Chapter 20.42 (Sign Standards). | |||||
Notes: | |
|---|---|
(1) | Development limits are additional residential development opportunities beyond the base allowances in this title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, twenty-five (25) percent of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City’s Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City’s Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. |
(2) | Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. |
(3) | Any portion of the building that is over twenty (20) feet in height shall be set back a minimum twenty (20) feet from the street right-of-way. |
(4) | Except in the Mixed-Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning one hundred (100) feet north of Coast Highway. |
(5) | The combined total from both sides shall be fifteen (15) feet. |
(6) | The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. |
(7) | “Base zone” includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). |
(8) | The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed-use developments, the FAR for nonresidential is still applicable. |
(9) | For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children’s playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. |
(10) | This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of twenty (20) dwelling units. |
(11) | Of the 2,577 base development units, 179 units shall be allocated to Site ID No. 77 (1201 Dove Street) from the 6th Cycle Housing Element Sites Inventory. |
(12) | Of the 2,439 base development units for HO-4, 152 units shall be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the 6th Cycle Housing Element Sites Inventory. |
2.
Airport Area Environs Area (HO-1). The following development standards shall only apply to projects within the Airport Area Environs Area:
a.
Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed and noise attenuated in compliance with the report.
b.
Advanced Air Filtration. The design of all new residential and mixed-use residential developments shall include advanced air filtration systems to promote cleaner air within living environments.
c.
Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles on streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (i) the disclosure and notification requirement stated herein; (ii) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (iii) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach.
3.
West Newport Mesa Area (HO-2). The following development standards shall only apply to projects within the West Newport Mesa Area:
a.
West Newport Mesa Streetscape Master Plan. Any residential or mixed-use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan.
4.
Coyote Canyon Area (HO-5). The following development standards shall only apply to projects within the Coyote Canyon Area:
a.
Public Park. Any future residential development within this subarea shall include a public park that is no less than three and one-half acres, in aggregate. As part of the review for the overall project, the developer shall provide a detailed description of the public park, including timing, dimensions, and location within the project site.
b.
Public Trails. Any future residential development shall include public trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby com-munity resources, as well as the existing trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail system, including timing, dimensions, alignment, and location within the project site.
D.
General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea:
1.
Mixed-Use Developments. All mixed-use developments shall comply with Section 20.48.130 (Standards for Mixed-Use Projects). In addition, a minimum of fifty (50) percent of the floor area of mixed-use developments shall be dedicated to residential uses. For purposes of this section, floor area shall be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and storage areas that are not directly accessible from the interior of a dwelling unit.
2.
Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way.
3.
Residential Off-Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 (Off-Street Parking Requirements).
TABLE 2-17 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES | ||
|---|---|---|
Land Use | Subtype | Parking Requirement |
Residential (Rental) | Studio | 1.1 spaces per dwelling unit |
1 Bedroom | 1.5 spaces per dwelling unit | |
2 Bedrooms | 1.8 spaces per dwelling unit | |
3 Bedrooms | 2.0 spaces per dwelling unit | |
Visitor Parking | 0.3 spaces per dwelling unit | |
Residential (Ownership) | Studio | 1.4 spaces per dwelling unit |
1 Bedroom | 1.8 spaces per dwelling unit | |
2 Bedrooms | 1.8 spaces per dwelling unit | |
3 Bedrooms | 2.0 spaces per dwelling unit | |
Visitor Parking | 0.3 spaces per dwelling unit | |
E.
Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed-use development in the HO Overlay Zones that includes a minimum of twenty (20) percent of the units reserved for very-low- and low-income residents shall not require a Site Development Review, but shall require an affordable housing implementation plan (AHIP) and shall meet all the following criteria:
1.
All units designated as affordable to very-low and/or low-income residents shall be subject to a minimum thirty (30) year affordability covenant;
2.
Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but may be smaller and have different interior finishes and features than market-rate units;
3.
Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market-rate units; and
4.
Affordable units shall be dispersed throughout the residential development.
(Ord. 2024-16 § 2 (Exh. B), 2024; Ord. 2025-10 § 2 (Exh. B), 2025)
§ 20.28.060 Height (H) Overlay District.
A.
Applicability. The Height Overlay District includes properties located in the Multiple Residential (RM) Zoning District within Statistical Area A2.
B.
Discretionary Review. A request for an increase in building height under the provisions of the Height (H) Overlay District requires discretionary review through either a site development review or planned development permit.
C.
Eligibility. Properties eligible for the Height (H) Overlay District must have a minimum lot size of one acre.
D.
Maximum Height. The maximum height limit is forty (40) feet for a flat roof and forty-five (45) feet for a sloped roof. The development shall be three stories maximum.
E.
Required Findings. The review authority may approve a planned development permit or site development review to allow a project in compliance with this section only after finding all of the following in addition to the findings required for the discretionary permit application and the findings required by Section 20.30.060(C)(3):
1.
The proposed project provides increased building setbacks from public streets and property lines above code requirements;
2.
The proposed project provides project enhancements and on-site recreational amenities for the residents above code requirements; and
3.
The proposed project provides quality architecture and quality materials.
F.
The following standards should be considered for compliance with subsection (E)(3) of this section:
1.
Enhanced treatment of building elevations facing public streets with respect to architectural treatment to achieve a high level of design and neighborhood quality (e.g., high quality doors, windows, moldings, metalwork, finishes, stoops, porches, etc.).
2.
Building materials and colors should be selected that will complement the proposed design and existing buildings in the surrounding area.
3.
Building materials should be high quality, durable, authentic to the architectural style, and applied in a quality fashion.
4.
If stucco is used it should have a smooth finish. Sand and lace stucco finishes should be avoided.
5.
Lighting should be selected to provide ambiance, safety, and security, without unnecessary spillover or glare.
6.
Building owners and tenants should keep the building exteriors and facades clean and in good repair.
G.
Subdivisions. Projects that include a subdivision shall adhere to the following criteria in order to ensure the provision of enhanced project design features:
1.
Overall Lot Setbacks. The Multiple Residential (RM) Zoning District setback requirements are applicable to the overall development lot.
2.
Primary Structure Front Setback. The minimum setback for primary structures is twenty-five (25) feet from any front property line abutting a public street.
3.
Street Enhancements. A landscaped area is required within the first fifteen (15) feet of the front setback, and shall include trees, shrubs, and ground cover. Fences, walls, or hedges are allowed beyond the fifteen (15) foot front landscape setback.
4.
Side Landscape Setback. A minimum five-foot landscape setback is required from any side property line abutting a public street, and shall include trees, shrubs, and ground cover. Fences, walls, or hedges are allowed beyond the five-foot setback.
5.
Public Sidewalks. Sidewalks are required to be a minimum width of eight feet. A meandering sidewalk design is preferred for lots greater than three hundred (300) feet in width and must be designed to be compatible with abutting properties.
6.
Common Open Space. A minimum of one hundred (100) square feet of common open space per unit is required, not including pathways, and must be dedicated to recreational amenities.
7.
Recreational Amenities. Recreational amenities are required and may include a recreation building, seating areas, barbecue/grill, fire pit/fireplace, swimming pool/spa, bicycle racks/storage, activity area (such as playing field/lawn, sport court, horseshoe pit, playground, etc.), or similar amenities.
8.
Additional Guest Parking. Where limited off-site, on-street parking is available, guest parking is required above the code requirement and must be distributed throughout the site.
(Ord. 2015-12 § 3, 2015)
§ 20.28.070 Special Flood Hazard Area (VE) Overlay District.
A.
Applicability. This section applies to encroachments for residential properties identified as VE 13 or VE 15 on the Federal Emergency Management Agency’s “Flood Insurance Study (FIS) for Orange County, California and Incorporated Area” revised March 21, 2019. For purposes of this section, “encroachments” are limited to balconies, decks, landings, patios, platforms, porches, steps, raised walkways, or terraces required for access. With the exception of the encroachments authorized herein, all development shall comply with the applicable residential development standards (e.g., floor area limit, setbacks, parking) of the underlying zoning district set forth in the NBMC. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this section related to encroachments, the standards related to encroachments in this section shall apply.
The encroachments allowed by this section shall only apply when the project is required to comply with Chapter 15.50 (Floodplain Management) for residential properties where the structure is required to raise the foundation above the design flood elevation. Nothing in this section shall be construed to constitute a waiver of, or exclusion from, the building standards set forth in Chapter 15.50 (Floodplain Management).
B.
Allowed Encroachments in Side and Rear Setbacks. An encroachment may be located within a required side or rear setback area other than those abutting an alley subject to the following restrictions:
1.
Access to the side yard setback shall comply with Section 20.30.110(A)(1)(c) (Access to Side Setback Area).
2.
For interior lots, the encroachment may be located in one or more side or rear setback and may extend to the property line abutting the side or rear setback. Encroachments in an interior side or rear setback may only be permitted to the minimum extent necessary to provide access to the dwelling from both the front and the rear of the property.
3.
For corner lots, the encroachment may be located in the interior side or rear setback. Encroachments in a side or rear setback facing a street may only be permitted to the minimum extent necessary to provide access to the dwelling from both the front and the rear of the property. The encroachment shall comply with all other development standards of the underlying zoning district including Section 20.30.130 (Traffic Safety Visibility Area).
4.
Excluding required guardrails or handrails, the finished surface of the encroachment shall not exceed six inches above the finished floor of the dwelling unit(s).
5.
Guardrails and handrails in the side and rear setback shall be constructed of either transparent material (except for supports) or opaque material (e.g., decorative grillwork, wrought iron, lattice-work, or similar materials) so that at least forty (40) percent of the guardrail or handrail is open. Handrails and guardrails shall not exceed the minimum height requirements set forth in the California Building Code for safety purposes.
C.
Allowed Encroachments in Front Setbacks. Encroachments may be located within a required front setback area subject to the following restrictions:
1.
For interior and corner lots, one set of access stairs from the grade level to the first elevated floor is allowed to encroach up to three feet into the front setback. Excluding the required guardrails or handrails, the finished surface of the encroachment shall not exceed six inches above the finished floor of the dwelling unit(s). Encroachments are subject to compliance with all other development standards of the underlying zoning district including Section 20.30.130 (Traffic Safety Visibility Area).
a.
Corner lots shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, sidewalks, private driveways, and the Ocean Front Boardwalk. Notwithstanding the requirements of this subsection (C), no encroachment over thirty (30) inches in height from existing grade shall be located within the traffic visibility triangle (i.e., the triangular-shaped area on a corner lot formed by measuring the five feet from the intersection of the front and street side property lines adjacent to the Ocean Front Boardwalk).
b.
Improvements or structures that exceed the allowable height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if he/she determines that the location and/or height of the existing or proposed improvement or structure, or other obstruction, allows for the unobstructed view of oncoming traffic including bicyclists and pedestrians by a driver, bicyclist, or pedestrian approaching an intersection.
2.
Guardrails and handrails in the front setback shall be constructed of either transparent material (except for supports) or opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar materials) so that at least forty (40) percent of the guardrail or handrail is open. Handrails and guardrails shall not exceed the minimum height requirements set forth in the California Building Code for safety purposes.
D.
Third Floor Limitations. All residential structures shall comply with Section 20.48.180 (Residential Development Standards and Design Criteria). For purposes of determining the number of floors within the principal structure, the garage shall be considered the first level. In the case of a split-level design, the Director shall determine which portions of the split-level structure shall constitute a third floor for the purpose of implementing Section 20.48.180 (Residential Development Standards and Design Criteria).
(2023-10 § 1 (Exh. A § 3), 2023; Ord. 2025-32 § 1 (Exh. A § 3), 2025)
