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)