Attachment E
Amendments to Title 20 (Planning
and Zoning Code), Proposed Redlined
Code Changes
Title 20 Planning and Zoning
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 Permitted by Right
CUP
Conditional Use Permit (Section
20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
OA OG OM OR
Specific
Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
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
Other Uses
Cigar Lounges 5 P — — P
* 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 one hundred (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 five hundred (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, premium cigar retail sale establishment. A Cigar Lounge shall be restricted to persons aged twenty-one (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 one thousand (1,000) feet of another Cigar Lounge.
TABLE 2-5
ALLOWED USES
AND PERMIT
REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
CC CG CM CN CV CV-LV
Specific
Use
Regulations
See Part 7 of
this title for
land use
definitions.
See Chapter
20.12 for
unlisted
uses.
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 Sales5 P P P P — —
Visitor-Serving
Retail
P — — — P P
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.
(5) 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.
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 Permitted by Right
CUP
Conditional Use Permit (Section
20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM
(6) MU-DW
MU-
CV/15th
St. (7)
Specific
Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
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
TABLE 2-8
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP
Conditional Use Permit (Section
20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM
(6) MU-DW
MU-
CV/15th
St. (7)
Specific
Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
Retail Sales8 P P P P
* 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 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.
(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 Permitted by Right
CUP Conditional Use Permit
(Section 20.52.020)
MUP
Minor Use Permit (Section
20.52.020)
LTP
Limited Term Permit
(Section 20.52.040)
— Not allowed *
Land Use
MU-W1 (5)(6) MU-W2 Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted
uses.
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 Sales8 P P
Visitor-Serving Retail P P
* 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. (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.
(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.
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 Permitted by Right
CUP
Conditional Use
Permit (Section
20.52.020)
MUP
Minor Use Permit
(Section 20.52.020)
LTP
Limited Term Permit
(Section 20.52.040)
— Not allowed *
Land Use
IG Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
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 Sales3 P
* 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 requirements contained
20.70.020 Definitions of Specialized Terms and Phrases.
C. “C” Definitions
“Cigar Lounge” means any person or establishment where the primary use or ancillary use is characterized by the sale and offering of smoking of premium cigars.
G. “G” Definitions
“Grocery store” means a retail establishment of which greater than 1/2 of the floor area is devoted to the sale of food items and small household goods intended for consumption or use off the premises, excluding alcoholic beverages.
P. “P” Definitions
“Premium cigar” shall have the same meaning as set forth in Section 6.25.010.
S. “S” Definitions
“Sale of Premium Cigars” means an establishment primarily engaged in the exclusive sale, distribution, or exchange of premium cigars.
“Smoking lounge (land use)” means an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee, including but not limited to establishments known as cigar lounges, hookah lounges, vape lounges, e-cigarette club, tobacco clubs, or tobacco bars. Does not include a “retail or wholesale tobacco shop,” which sells tobacco products and smoking accessories, but does not provide for on-premises use of tobacco products.
T. “T” Definitions
“Tobacco retailer business” means any person or establishment who sells, offers for sale, distributes, furnishes, or otherwise exchanges, with or without compensation, a tobacco product, tobacco paraphernalia, or tobacco-related item, to a consumer or end user, whether conducted in a physical storefront, through mobile or temporary setups, or via online or delivery-based platforms operating within the City of Newport Beach. Does not include “Grocery Store,” “Supermarket,” “Hotel,” “Motel,” “Alcohol Sales (off-sale),” “Alcohol Sales (off-sale), Accessory Only,” “Cigar Lounge,” or the “Sale of Premium Cigars.”