Chapter 20.22

MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/ 15TH ST., MU-W1, MU-W2)

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 freestanding 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 multiunit 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.

residential 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)

A. Allowed Land Uses. Tables 2-8, 2-9, and 2- 10 indicate the uses allowed within each zoning dis-

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trict 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.

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(Newport Beach 11-25)

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712-1

(Newport Beach 11-25)

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713

(Newport Beach 3-24)

20.22.020

714

(Newport Beach 3-24)

20.22.020

• 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).

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• (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 one hundred (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 five hundred (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.

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(Newport Beach 11-25)

20.22.020

717

(Newport Beach 11-25)

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718

(Newport Beach 11-25)

20.22.020

• 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 two hundred (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 one hundred (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 five hundred (500) feet of any residential zoning district.

• c. A minor use permit shall be required for any use that maintains late hours.

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(Newport Beach 11-25)

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• (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 fifty (50) percent 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.

(Ord. 2023-23 § 1 (Exh. A §§ 18, 19), 2023; Ord. 2023-22 §§ 899—902, 2023; Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2021-11 § 1, 2021; Ord. 2020-9 § 3, 2020; Ord. 2014-1 §§ 5, 6, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

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

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(Newport Beach 11-25)

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TABLE 2-10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS (Continued)

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TABLE 2-10 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS (Continued)

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.

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(Newport Beach 3-24)

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• (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

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(Newport Beach 3-24)

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TABLE 2-11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS (Continued)

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.

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(Newport Beach 3-24)

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• (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. 2013-9 §§ 1, 2, 2013; Ord. 2010-21 § 1 (Exh. A)(part), 2010)

724

(Newport Beach 3-24)

20.24.010