Chapter 21.22
MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)

Sections:

21.22.010    Purposes of Mixed-Use Coastal Zoning Districts.

21.22.020    Mixed-Use Coastal Zoning Districts Land Uses and Permit Requirements.

21.22.030    Mixed-Use Coastal Zoning Districts General Development Standards.

21.22.010 Purposes of Mixed-Use Coastal Zoning Districts.

The purposes of the individual mixed-use coastal zoning districts and the manner in which they are applied are provided below. For the purpose of this Implementation Plan, mixed-use projects shall comply with nonresidential standards when no mixed-use standards exist.

A.    MU-V (Mixed-Use Vertical) Coastal Zoning District. This coastal 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) Coastal Zoning District. This coastal zoning district applies to properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor. 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-CV/15th St. (Mixed-Use Cannery Village and 15th Street) Coastal Zoning District. This coastal 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.

D.    MU-W1 (Mixed-Use Water) Coastal Zoning District. This coastal zoning district applies to waterfront properties along the Mariners’ Mile Corridor 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 21.22-2. Design of nonresidential space to facilitate marine-related uses is encouraged.

E.    MU-W2 (Mixed-Use Water) Coastal Zoning District. This coastal 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. 2016-19 § 9 (Exh. A)(part), 2016)

21.22.020 Mixed-Use Coastal Zoning Districts Land Uses and Permit Requirements.

A.    Allowed Land Uses. Tables 21.22-1 and 21.22-2 indicate the uses allowed within each coastal zoning district.

B.    Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific coastal 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 21.22-1

ALLOWED USES 

Mixed-Use Zoning Districts

A

Allowed

Not Allowed *

Land Use

MU-V (6)

MU-MM (4)

MU-CV/15th St. (5)(6)

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Industry, Manufacturing and Processing, Warehousing Uses

Handicraft Industry

A

A

A

 

Industry, Marine-Related

A

A

 

Research and Development

A

A

A

 

Recreation, Education, and Public Assembly Uses

Assembly/Meeting Facilities

A

A

A

 

Commercial Recreation and Entertainment

A

A

A

 

Cultural Institutions

A

A

A

 

Schools, Public and Private

A

A

A

 

Residential Uses

Single-Unit Dwellings

Located on 1st floor

A (3)

 

Located above 1st floor

A (1)

A (3)

 

Multi-Unit Dwellings

Located on 1st floor

A (1)(2)

A (3)

 

Located above 1st floor

A (1)

A (1)(2)

A (3)

 

Two-Unit Dwellings

Located on 1st floor

A (3)

 

Located above 1st floor

A (1)

A (3)

 

Home Occupations

A

A (1)

A

 

Live-Work Units

A

A (1)(2)

A (3)

 

Accessory Dwelling Units and Junior Accessory Dwelling Units

A

A

A

Section 21.48.200

Care Uses

Adult Day Care

Small (6 or fewer)

A

A

A

 

Child Day Care

Small (8 or fewer)

A

A

A

 

Day Care, General

A

A

 

Retail Trade Uses

Alcohol Sales (off-sale)

A

A

A

 

Alcohol Sales (off-sale), Accessory Only

A

A

A

 

Marine Rentals and Sales

Boat Rentals and Sales

A

A

A

 

Marine Retail Sales

A

A

A

 

Retail Sales

A

A

A

 

Service Uses—Business, Financial, Medical, and Professional

ATMs

A

A

A

 

Emergency Health Care/Urgent Care

A

A

A

 

Financial Institutions and Related Services

A

A

A

 

Offices—Business

A

A

A

 

Offices—Medical and Dental

A

A

A

 

Offices—Professional

A

A

A

 

Service Uses—General

Animal Sales and Services

Animal Grooming

A

A

A

 

Animal Retail Sales

A

A

A

 

Veterinary Services

A

 

Artists’ Studios

A

A

A

 

Eating and Drinking Establishments

Accessory Food Service (open to public)

A

A

A

 

Fast Food

A

A

A

 

Food Service

A

A

A

 

Take-Out Service, Limited

A

A

A

 

Health/Fitness Facilities

Small—2,000 sq. ft. or less

A

A

A

 

Large—Over 2,000 sq. ft.

A

A

A

 

Laboratories

 

Maintenance and Repair Services

A

A

A

 

Marine Services

Entertainment and Excursion Services

A

A

A

 

Marine Service Stations

A

 

Personal Services

Massage Establishments

A

A

A

 

Massage Services, Accessory

A

A

A

 

Nail Salons

A

A

A

 

Personal Services, General

A

A

A

 

Personal Services, Restricted

A

A

A

 

Studio

A

A

A

 

Postal Services

A

A

A

 

Printing and Duplicating Services

A

A

A

 

Smoking Lounges

 

Visitor Accommodations

Bed and Breakfast Inns

A

Section 21.48.025

Hotels, Motels, and Time Shares

A

A

A

Transportation, Communications, and Infrastructure Uses

Parking Facility

A

A

A (2)

 

Marinas

Chapter 21.30C

Marina Support Facilities

A

A

A

 

Utilities, Major

A

A

A

 

Utilities, Minor

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

Chapter 21.49

Vehicle Rental, Sale, and Service Uses

Vehicle/Equipment Rentals

Office Only

A

A

A

 

Limited (no outdoor storage)

A

 

Vehicle/Equipment Repair

Limited

A

 

Vehicle Sales

A

 

Vehicle Sales, Office Only

A

A

 

Vehicle/Equipment Services

Automobile Washing

A

 

Service Stations

A

 

Other Uses

Accessory Structures and Uses

A

A

A

 

Outdoor Storage and Display

A

A

A

 

Personal Property Sales

A

A

A

 

Special Events

A

A

A

Section 21.52.035(D)

Temporary Uses

A

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    Allowed only as part of a mixed-use development.

(2)    Not allowed to front onto Coast Highway. Coast Highway frontage shall be limited to nonresidential uses. See Table 21.22-3 (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)    Properties fronting on Coast Highway shall be developed with nonresidential uses as allowed in Table 21.22-2. 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 21.22-3 (Development Standards for Vertical and Horizontal Mixed-Use Zoning Districts).

(5)    Mixed-use or commercial structures are required on lots at street intersections and are allowed, but not required, on other lots.

(6)    Priority shall be given to visitor-serving and recreational uses on the Balboa Peninsula.

 

TABLE 21.22-2

ALLOWED USES 

Mixed-Use Coastal Zoning Districts

A

Allowed

Not Allowed *

Land Use

MU-W1 (3)

MU-W2 (5)

Specific Use Regulations

See Part 7 of this Implementation Plan for land use definitions.

See Chapter 21.12 for unlisted uses.

Industry, Manufacturing and Processing, Warehousing Uses

Handicraft Industry

A

A

 

Industry, Marine-Related

A

A

 

Research and Development

A

A

 

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.)

A

A

 

Commercial Recreation and Entertainment

A

A

 

Cultural Institutions

A

A

 

Parks and Recreational Facilities

A

A

 

Schools, Public and Private

A

A

 

Residential Uses

Single-Unit Dwellings

Located on 1st floor

 

Located above 1st floor

A (1)

A (2)

 

Multi-Unit Dwellings

Located on 1st floor

 

Located above 1st floor

A (1)

A (2)

 

Two-Unit Dwellings

Located on 1st floor

 

Located above 1st floor

A (1)

A (2)

 

Home Occupations

A

A (2)

 

Accessory Dwelling Units and Junior Accessory Dwelling Units

A

A

Section 21.48.200

Care Uses

Adult Day Care

Small (6 or fewer)

A

A

 

Child Day Care

Small (8 or fewer)

A

A

 

Day Care, General

A

 

Retail Trade Uses

Alcohol Sales (off-sale)

A

A

 

Alcohol Sales (off-sale), Accessory Only

A

A

 

Marine Rentals and Sales

Boat Rentals and Sales

A

A

 

Marine Retail Sales

A

A

 

Retail Sales

A

A

 

Visitor-Serving Retail

A

A

 

Service Uses—Business, Financial, Medical, and Professional

ATMs

A

A

 

Emergency Health Facilities/Urgent Care

A

 

Financial Institutions and Related Services (above 1st floor only)

A

A

 

Offices—Business

A

A

 

Offices—Medical and Dental (above 1st floor only)

A

 

Offices—Professional

A

A

 

Service Uses—General

Animal Retail Sales

A

A

 

Artists’ Studios

A

A

 

Eating and Drinking Establishments

Accessory Food Service (open to public)

A

A

 

Fast Food

A

A

 

Food Service

A

A

 

Take-Out Service—Limited

A

A

 

Health/Fitness Facilities

Small—2,000 sq. ft. or less

A

A

 

Maintenance and Repair Services

A

A

 

Marine Services

Boat Storage

A

A

 

Boat Yards

A

A

 

Entertainment and Excursion Services

A

A

 

Marine Service Stations

A

A

 

Water Transportation Services

A

A

 

Personal Services

Massage Establishments

A

A

 

Massage Services, Accessory

A

A

 

Nail Salons

A

A

 

Personal Services, General

A

A

 

Personal Services, Restricted

A

A

 

Smoking Lounges

 

Visitor Accommodations

Hotels, Motels, Bed and Breakfast Inns, and Time Shares

A

A

 

Transportation, Communications, and Infrastructure

Parking Facilities

A

A

 

Communication Facilities

A

A

 

Heliports and Helistops (4)

A

A

 

Marinas

Chapter 21.30C

Marina Support Facilities

A

A

 

Utilities, Major

A

A

 

Utilities, Minor

A

A

 

Wireless Telecommunication Facilities

Chapter 21.49

Other Uses

Accessory Structures and Uses

A

A

 

Outdoor Storage and Display

A

A

 

Personal Property Sales

A

A

 

Special Events

A

A

Section 21.52.035(D)

Temporary Uses

A

A

 

*    Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation).

(1)    May only be located on lots with a minimum of two hundred (200) lineal feet of frontage on Coast Highway.

(2)    May only be located above a commercial use and not a parking use.

(3)    A minimum of fifty (50) percent of the square footage of a mixed-use development shall be used for nonresidential uses.

(4)    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.

(5)    Visitor-serving and recreational uses shall be given priority on Balboa Island and the Balboa Peninsula.

(Ord. 2022-6 § 3, 2022; Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.22.030 Mixed-Use Coastal Zoning Districts General Development Standards.

New development (i.e., 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 21.22-1, in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards).

 

TABLE 21.22-3

DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS 

Development Feature

MU-V

MU-MM

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.

5,000 sq. ft.

 

Lot Width (2)

25 ft.

50 ft.

40 ft.

 

Density Range

Minimum/maximum allowable density range for residential uses. (6)

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 (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.

 

Nonresidential only

0.75

0.50

0.50

 

Residential only

N/A

N/A

1.5

 

Setbacks

The distances below are minimum setbacks required for primary structures. See Section 21.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions.

Front

0

0

0

 

Side

0

0

0

 

Side adjoining a residential district

5 ft.

5 ft.

5 ft.

 

Rear

0

0

0

 

Rear adjoining residential district

5 ft.

5 ft.

5 ft.

 

Rear adjoining an alley

10 ft.

5 ft.

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.

 

Height

Maximum allowable height of structures without discretionary approval. See Section 21.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase in height limit.

MU-V, MU-MM, and MU-CV/15th St.

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 21.30.040 (Fences, Hedges, Walls, and Retaining Walls).

Landscaping

See Sections 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping)

Lighting

See Section 21.30.070 (Outdoor Lighting).

Parking

See Chapter 21.40 (Off-Street Parking).

Signs

See Section 21.30.065 (Signs).

Notes:

(1)    All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone 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 coastal development permit. 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.

(6)    Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate-income households and senior citizens in compliance with Government Code Sections 65915 through 65917. Any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards.

 

TABLE 21.22-4

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)(7)

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.

 

 

 

Lido Marina Village

 

 

Max. 1.0 for mixed-use projects

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 21.30.110 (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

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 21.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(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 21.30.040 (Fences, Hedges, Walls, and Retaining Walls).

Landscaping

See Sections 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping).

Lighting

See Section 21.30.070 (Outdoor Lighting).

Parking

See Chapter 21.40 (Off-Street Parking).

Signs

See Section 21.30.065 (Signs).

Notes:

(1)    All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone 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 coastal development permit. 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.

(7)    Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate-income households and senior citizens in compliance with Government Code Sections 65915 through 65917. Any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards.

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)