Chapter 21.20
COMMERCIAL COASTAL ZONING DISTRICTS (CC, CG, CM, CN, CV, CV-LV, OG)

Sections:

21.20.010    Purposes of Commercial Coastal Zoning Districts.

21.20.020    Commercial Coastal Zoning Districts Land Uses.

21.20.030    Commercial Coastal Zoning Districts General Development Standards.

21.20.010 Purposes of Commercial Coastal Zoning Districts.

The purposes of the individual commercial coastal zoning districts and the manner in which they are applied are as follows:

A.    CC (Commercial Corridor) Coastal Zoning District. The CC Coastal 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.

B.    CG (Commercial General) Coastal Zoning District. The CG Coastal Zoning District is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs.

C.    CM (Commercial Recreational and Marine) Coastal Zoning District. The CM Coastal 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.

D.    CN (Commercial Neighborhood) Coastal Zoning District. The CN Coastal 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.

E.    CV (Commercial Visitor-Serving) Coastal Zoning District. The CV Coastal Zoning District is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City.

F.    OG (Office—General) Coastal Zoning District. The OG Coastal Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses.

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

21.20.020 Commercial Coastal Zoning Districts Land Uses.

A.    Allowed Land Uses. Table 21.20-1 indicates 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 21.20-1

ALLOWED USES 

Commercial Coastal Zoning Districts

A

Allowed

Not Allowed *

Land Use

CC

CG

CM (3)

CN

CV (3)

CV-LV (3)

OG

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, and Warehousing Uses

Handicraft Industry

A

A

A

A

A

A

 

Research and Development, General

A

 

Research and Development, Restricted

A

 

Recreation, Education, and Public Assembly Uses

Assembly/Meeting Facilities

A

A

A

A

A

A

A

 

Commercial Recreation and Entertainment

A

A

A

A

A

A

 

Cultural Institutions

A

A

A

A

 

Schools, Public and Private

A

A

A

A

A

 

Retail Trade Uses

Alcohol Sales (off-sale)

A

A

A

A

A

A

A

 

Alcohol Sales (off-sale), Accessory Only

A

A

A

A

A

A

A

 

Bulk Merchandise

A

A

 

Marine Rentals and Sales

Boat Rentals and Sales

A

A

A

A

 

Marine Retail Sales

A

A

A

A

A

 

Retail Sales

A

A

A

A

A (2)

 

Retail Sales (less than 10,000 sq. ft.)

A

A

A

A

A

 

Pharmacy, Medical Supplies

A

A

A

A

A

A

A

 

Visitor-Serving Retail

A

A

A

 

Service Uses—Business, Financial, Medical, and Professional

ATM

A

A

A

A

A

A

A

 

Convalescent Facilities

A

 

Emergency Health Facilities/Urgent Care

A (2)

A (2)

A (2)

A (3)

A

 

Financial Institutions and Related Services

A

A

A

A

A

A

 

Offices—Business

A

A

A

A

A

A

A

 

Offices—Corporate

A (2)

A (2)

A (2)

A (2)

A

 

Offices—Medical and Dental

A

A

A

A

A

 

Offices—Professional

A (2)

A (2)

A (2)

A (2)

A (2)

A

 

Outpatient Surgery Facility

A (2)

A (2)

A (2)

A

 

Service Uses—General

Ambulance Services

A

 

Animal Sales and Services

Animal Boarding/Kennels

A

A

A

 

Animal Grooming

A

A

A

A

A

 

Animal Retail Sales

A

A

A

A

 

Veterinary Services

A

A

A

A

 

Artists’ Studios

A

A

A

A

A

A

A

 

Catering Services

A

A

A

A

A

 

Day Care, General

A

A

A

A

A

 

Eating and Drinking Establishments

Accessory Food Service (open to public)

A

A

A

A

A

A

A

 

Bars, Lounges, and Nightclubs

A

A

A

A

A

 

Fast Food

A

A

A

A

A

A

A

 

Food Service

A

A

A

A

A

A

A

 

Take-Out Service, Limited

A

A

A

A

A

A

A

 

Funeral Homes and Mortuaries, with crematorium

A

A

A

 

Funeral Homes and Mortuaries, without crematorium

A

A

A

 

Health/Fitness Facilities

Small—2,000 sq. ft. or less

A

A

A

A

A

A

A

 

Large—Over 2,000 sq. ft.

A

A

A

A

A

A

 

Laboratories

A

A

 

Maintenance and Repair Services

A

A

A

A

 

Marine Services

Boat Storage

A

 

Boat Yards

A

 

Entertainment and Excursion Services

A

A

A

 

Marine Service Stations

A

A

 

Water Transportation Services

A

A

 

Massage Establishments

A

A

A

A

A

A

 

Massage Services, Accessory

A

A

A

A

A

A

 

Nail Salons

A

A

A

A

A

 

Personal Services, General

A

A

A

A

A

A

 

Personal Services, Restricted

A

A

A

A

A

 

Postal Services

A

A

A

A

A

 

Printing and Duplicating Services

A

A

A

A

 

Recycling Facilities

Collection Facility—Small

A

A

A

 

Studio

A

A

A

A

 

Tattoo Establishments

A

A

 

Visitor Accommodations

Bed and Breakfast Inns

A

A

A

A

A

Section 21.48.025

Hotels and Motels

A

A

A

A

A

RV Parks

A

SRO Residential Hotel

A

A

A

A

A

A

Time Share Facilities

A

A

Transportation, Communications, and Infrastructure Uses

Communication Facilities

A

A

A

A

A

A

 

Heliports and Helistops (1)

 

Marina Support Facilities

A

A

 

Marinas

Chapter 21.30C

 

Parking Facilities

A

A

A

A

A

A

A

 

Parking Structures, adjacent to residential coastal zoning district

A

A

A

A

A

A

 

Utilities, Minor

A

A

A

A

A

A

A

 

Utilities, Major

A

A

A

A

A

A

A

 

Wireless Telecommunication Facilities

A

A

A

A

A

A

A

Chapter 21.49

Vehicle Rental, Sale, and Service Uses

Vehicle/Equipment Rentals

General

A

A

 

Limited

A

A

A

A

 

Office Only

A

A

A

A

A

A

 

Vehicles for Hire

A

A

 

Vehicle/Equipment Repair

General

A

 

Limited

A

A

A

 

Vehicle/Equipment Sales

General

A

 

Limited

A

 

Office Only

A

A

A

A

A

A

 

Vehicle/Equipment Services

Automobile Washing/Detailing, full service

A

A

A

 

Automobile Washing/Detailing, self-service or accessory

A

A

A

A

A

 

Service Stations

A

A

A

A

 

Other Uses

Accessory Structures and Uses

A

A

A

A

A

A

A

 

Drive-Through Facilities

A

A

A

A

A

A

 

Outdoor Storage and Display

A

A

A

A

A

A

A

 

Special Events

A

A

A

A

A

A

A

 

Temporary Uses

A

A

A

A

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)    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.

(2)    Above 1st floor only.

(3)    Priority shall be given to visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over other commercial uses, except for agriculture and coastal-dependent industry and to coastal-dependent uses over other uses on or near the shoreline. When appropriate, coastal-related developments shall be accommodated within reasonable proximity to the coastal-dependent uses they support.

(Ord. 2022-12 § 1, 2022; Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.20.030 Commercial Coastal 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 21.20-2, in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards).

 

TABLE 21.20-2

DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS 

Development Feature

CC

CG

CM

CN

CV

CV-LV

OG

Additional Requirements

Lot Dimensions

Minimum dimensions required for each newly created lot

Lot Area (1)

5,000 sq. ft.

10,000 sq. ft.

N/A

20,000 sq. ft.

N/A

10,000 sq. ft.

5,000 sq. ft.

 

Lot Width

25 ft.

50 ft.

N/A

100 ft.

N/A

50 ft.

50 ft.

 

Setbacks

Minimum setbacks required for primary structures. See Section 21.30.110(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

N/A

 

Side (interior, each):

 

 

 

 

 

 

 

 

Abutting nonresidential

0

0

0

0

0

1 ft. for below grade structures;

5 ft. for above grade structures

0

 

Abutting residential

5 ft.

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 (5)

 

Via Oporto:

 

0

15 ft.

 

Rear:

 

 

 

 

 

 

 

 

Abutting an alley

10 ft.

10 ft.

10 ft.

10 ft.

10 ft.

5 ft.

0

 

Not abutting an alley

0

0

0

0

0

0

5 ft.

 

Abutting residential

5 ft.

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%

N/A

 

Bulkhead Setback

Structures shall be set back a minimum of 10 ft. from the bulkhead in each coastal zoning district.

Floor Area Ratio (2)(3)(4)

0.75

0.75

0.50

0.30

1.50

103,470 sf (8)

1.30

 

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.

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 (6)(7)

Section 21.30.060

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 Implementation Plan).

300 ft.

N/A

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)    In the CG Coastal Zoning District, when 0.3/0.5 is shown on the Coastal 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.

(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)    The specific floor area limitations for each coastal zoning district are identified on the Coastal Zoning Map.

(5)    Setbacks to 32nd Street do not apply to Fire Station No. 2.

(6)    Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height.

(7)    Fire Station No. 2 may be up to forty (40) feet in height and may include architectural features up to forty-five (45) feet in height to house and screen essential equipment.

(8)    One hundred three thousand four hundred seventy (103,470) gross square feet not including a fire station. A fire station may not occupy more than ten (10) percent of the total project site.

(Ord. 2017-9 § 1, 2017; Ord. 2016-20 § 2, 2016; Ord. 2016-19 § 9 (Exh. A)(part), 2016)