HomeMy WebLinkAbout20201102_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
November 2, 2020
Reference No. PA2020-306
The Planning and Zoning Resource Company
Attn: Alexis King
1300 South Meridian Ave, Suite 400
Oklahoma City, Oklahoma 73108
alexis.king@pzr.com
RE: 3424 Via Oporto, Newport Beach, CA 92660
APN 423-123-06
Dear Ms. King:
The above referenced property is currently located within the MU-W2 (Mixed-Use
Water) Zoning District and designated is as MU-W2 (Mixed-Use Water 2) within
the Land Use Element of the General Plan. The property is not located within a
Planned Unit Development or an overlay district. However, the property is within
the Lido Village Design Guidelines.
For the abutting properties to the west, north, and south, the Zoning District is MU-
W2 (Mixed-Use Water) and the General Plan land use designation is MU-W2
(Mixed-Use Water 2). The property abuts the Newport Harbor to the east.
At the time the building permits were finaled, the building and parking requirements
were in substantial conformance with the development standards of the City of
Newport Beach Municipal Code. If the subject property does not comply with the
current regulations, it is considered to be nonconforming and is subject to Chapter
20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal
Code.
Research of the permit and entitlement history of the property verifies that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for development of the property. Electronic copies can be provided upon
request.
Page 2
Zoning Compliance – PA2020-306
• Variance No. VA0131
To allow construction of a four-unit dwelling with a 3-foot side yard setback
and 1-foot 6-inch foot bayfront setback.
• Variance No. VA0155 – (Denied)
To allow construction with a 10-foot waterfront setback, 0-foot side yard
setbacks, and 4-foot rear yard setback for a proposed four-unit apartment
building with detached garages.
• Variance No. VA0247
For the waiver of off-street parking requirements for 3424 through 3428 Via
Oporto.
• Use Permit No. UP2001-017 (PA2001-084)
To permit an independent massage establishment in conjunction with a
health and beauty spa facility for 3424 Via Oporto, Suite 105.
• Use Permit No. UP2005-006 (PA2005-028)
To allow the establishment of an independent massage facility in an existing
commercial building for 3424 Via Oporto, Suite 205.
• Coastal Development Permit No. CDP5-05-005
CDP for removal and demolition of a portion of an existing commercial wood
dock system and installation of a new wood section and relocation of an
existing pile.
• Lido Village Conceptual Plan (PA2010-158)
Approved by the City Council on January 11, 2011, to establish the Lido
Village Conceptual Plan.
• Lido Village Design Guidelines (PA2011-148)
Approved by the City Council on January 10, 2012, to establish design
guidelines for Lido Village.
• Comprehensive Sign Program No. CS2011-010 (PA2011-219)
Comprehensive Sign Program for 3424 Via Oporto located in the Lido Marina
Village.
• Use Permit No. UP2014-014 (PA2014-002)
Approved by the City Council on December 18, 2014, to establish a
Comprehensive Sign Program and Parking Management Program.
• Comprehensive Sign Program No. CS2014-001 (PA2014-002)
Approved by the City Council on October 10, 2014, to establish a
Comprehensive Sign Program amendment and Modification permit for Lido
Marina Village to implement new master plan signage and wayfinding.
Page 3
Zoning Compliance – PA2020-306
• Certificate of Compliance No. CO2015-020 (PA2015-184)
Certificate of Compliance for 3424 Via Oporto to recognize underlying lot
lines as a single building site.
• Use Permit No. UP2017-019 (PA2017-135)
Amendment to existing parking management program for Lido Marina
Village (PA2014-002).
• Minor Use Permit No. UP2019-022 (PA2019-057)
MUP for expansion of Malibu Farm.
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at (949) 644-3212 or aatapour@newportbeachca.gov.
Sincerely,
Enclosures:
Aerial Map
Municipal Code Chapter 20.22 (Mixed-Use Zoning District)
Table LU1 of the Land Use Element of the General Plan
Figure LU6 of the Land Use Element of the General Plan
Feet
Every reasonable effort has been made to assure the accuracy of the
data provided, however, The City of Newport Beach and its
employees and agents disclaim any and all responsibility from or
relating to any results obtained in its use.
Disclaimer:
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Chapter 20.22
MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-
CV/15TH ST., MU-W1, MU-W2)
Sections:
20.22.010 Purposes of Mixed-Use Zoning Districts.
20.22.020 Mixed-Use Zoning Districts Land Uses and Permit Requirements.
20.22.030 Mixed-Use Zoning Districts General Development Standards.
20.22.010 Purposes of Mixed-Use Zoning Districts.
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
multi-unit dwelling units; nonresidential uses; and/or mixed-use structures, where the ground floor is
10/27/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)
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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)
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
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See Part 7 of this
title for land use
definitions.
See Chapter
20.12 for unlisted
uses.
Industry, Manufacturing and Processing, Warehousing Uses
Handicraft Industry P P P P
Industry, Marine-
Related
—CUP —MUP
Research and
Development
P P P P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting
Facilities
CUP CUP CUP CUP
Commercial
Recreation and
Entertainment
CUP CUP CUP CUP
Cultural Institutions P P P P
Schools, Public and
Private
CUP CUP CUP CUP
Residential Uses
Accessory Dwelling
Units and Junior
Accessory Dwelling
Units
P P P P Section
20.48.200
Single-Unit Dwellings
Located on 1st
floor
———P (3)Section
20.48.130
Located above
1st floor
P (1)——P (3)Section
20.48.130
Multi-Unit Dwellings
Located on 1st
floor
—P (1)(2)P (1)P (3)Section
20.48.130
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Located above
1st floor
P (1)P (1)(2)P (1)P (3)Section
20.48.130
Two-Unit Dwellings
Located on 1st
floor
———P (3)Section
20.48.130
Located above
1st floor
P (1)——P (3)Section
20.48.130
Home Occupations P P (1)P P Section
20.48.130
Live-Work Units P P (1)(2)P P (3)
Care Uses
Adult Day Care
Small (6 or fewer)P P P P
Child Day Care
Small (8 or fewer)P P P P Section
20.48.070
Day Care, General —MUP —MUP Section
20.48.070
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
Retail Sales P P P P
Service Uses—Business, Financial, Medical, and Professional
ATMs P P P P
Emergency Health
Care/Urgent Care
MUP MUP MUP MUP
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Financial Institutions
and Related
Services
P P P P
Offices—Business P P P P
Offices—Medical
and Dental
P P P P
Offices—
Professional
P P P P
Service Uses—General
Animal Sales and Services
Animal Grooming P P P P Section
20.48.050
Animal Retail
Sales
P P —P Section
20.48.050
Veterinary
Services
—CUP CUP —Section
20.48.050
Artists’ Studios P P P P
Eating and Drinking Establishments
Accessory food
service (open to
public)
P P P P Section
20.48.090
Fast Food (no
late hours) (4)(5)
P/MUP P/MUP —P/MUP Section
20.48.090
Fast Food (with
late hours) (4)
MUP MUP —MUP Section
20.48.090
Food Service (no
late hours) (4)(5)
P/MUP P/MUP —P/MUP Section
20.48.090
Food Service
(with late hours)
(4)
CUP CUP —CUP Section
20.48.090
Take-Out Service,
Limited (5)
P/MUP P/MUP —P/MUP Section
20.48.090
Health/Fitness Facilities
Small—2,000 sq.
ft. or less
P P MUP P
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Large—Over
2,000 sq. ft
CUP CUP —CUP
Laboratories ——P —
Maintenance and
Repair Services
P P —P
Marine Services
Entertainment
and Excursion
Services
P P —P Title 17
Marine Service
Stations
CUP ———
Personal Services
Massage
Establishments
MUP MUP MUP MUP Chapter
5.50
Section
20.48.120
Massage
Services,
Accessory
MUP MUP MUP MUP Section
20.48.120
Nail Salons P P P P
Personal
Services, General
P P P P
Personal
Services,
Restricted
MUP MUP MUP MUP
Studio MUP MUP MUP MUP
Postal Services P P P P
Printing and
Duplicating Services
P P P P
Smoking Lounges ————
Visitor Accommodations
Hotels, Motels,
and Time Shares
CUP CUP —CUP
Bed and
Breakfast Inns
—CUP ——
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Transportation, Communications, and Infrastructure Uses
Parking Facility MUP MUP MUP (2)MUP (2)
Marinas Title 17
Marina Support
Facilities
MUP MUP —MUP
Utilities, Minor P P P P
Utilities, Major CUP CUP CUP CUP
Wireless
Telecommunication
Facilities
CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP Chapter
20.49
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only P P P P
Limited (no
outdoor storage)
—MUP ——
Vehicle/Equipment Repair
Limited —MUP ——
Vehicle Sales —CUP ——
Vehicle Sales,
Office Only
P P P —
Vehicle/Equipment Services
Automobile
Washing
—CUP ——
Service Stations —CUP ——Section
20.48.210
Other Uses
Accessory
Structures and Uses
MUP MUP MUP MUP
Outdoor Storage
and Display
MUP MUP MUP MUP Section
20.48.140
Personal Property
Sales
P P P P Section
20.48.150
Special Events Chapter 11.03
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Temporary Uses LTP LTP LTP LTP Section
20.52.040
* 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. A minor use permit shall be required for any use located within five hundred (500) feet, property line to
property line, of any residential zoning district.
b. 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.
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
10/27/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)
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See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted
uses.
Industry, Manufacturing and Processing, Warehousing Uses
Handicraft Industry P P
Industry, Marine-Related P P
Research and Development P P
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.)
CUP CUP
Commercial Recreation and
Entertainment
CUP CUP
Cultural Institutions P P
Parks and Recreational Facilities CUP CUP
Schools, Public and Private CUP CUP
Residential Uses
Accessory Dwelling Units and Junior
Accessory Dwelling Units
P P Section 20.48.200
Single-Unit Dwellings
Located on 1st floor ——
Located above 1st floor P (1)P (2)Section 20.48.130
Multi-Unit Dwellings
Located on 1st floor ——
Located above 1st floor P (1)P (2)Section 20.48.130
Two-Unit Dwellings
Located on 1st floor ——
Located above 1st floor P (1)P (2)
Home Occupations P P (2)Section 20.48.110
Care Uses
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Adult Day Care
Small (6 or fewer)P P
Child Day Care
Small (8 or fewer)P P Section 20.48.070
Day Care, General —MUP Section 20.48.070
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 Sales P P
Visitor-Serving Retail P P
Service Uses—Business, Financial, Medical, and Professional
ATMs P P
Emergency Health Facilities/Urgent
Care
—P
Financial Institutions and Related
Services (above 1st floor only)
P P
Financial Institutes and Related
Services (1st floor)
——
Offices—Business P P
Offices—Medical and Dental (above
1st floor only)
—P
Offices—Profession P P
Service Uses—General
Animal Retail Sales MUP MUP Section 20.48.050
Artists’ Studios P P
Eating and Drinking Establishments
Accessory Food Service (open to
public)
P P Section 20.48.090
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Fast Food (no late hours) (3)(4)P/MUP P/MUP Section 20.48.090
Fast Food (with late hours) (3)MUP MUP Section 20.48.090
Food Service (no alcohol, no late
hours) (3)(4)
P/MUP P/MUP Section 20.48.090
Food Service (no late hours) (3)MUP MUP Section 20.48.090
Food Service (with late hours) (3)CUP CUP Section 20.48.090
Take-Out Service—Limited (3) (4)P/MUP P/MUP Section 20.48.090
Health/Fitness Facilities
Small—2,000 sq. ft. or less P P
Maintenance and Repair Services P P
Marine Services
Boat Storage CUP CUP
Boat Yards CUP CUP
Entertainment and Excursion
Services
P P
Marine Service Stations CUP CUP
Water Transportation Services P P
Personal Services
Massage Establishments MUP MUP Chapter 5.50
Section 20.48.120
Massage Services, Accessory MUP MUP Section 20.48.120
Nail Salons P P
Personal Services, General P P
Personal Services, Restricted MUP MUP
Smoking Lounges ——
Visitor Accommodations
Hotels, Motels, Bed and Breakfast
Inns, and Time Shares
CUP CUP
Transportation, Communications, and Infrastructure
Parking Facilities MUP MUP
Communication Facilities P P
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Heliports and Helistops (7)CUP CUP
Marinas Title 17
Marina Support Facilities MUP MUP
Utilities, Minor P P
Utilities, Major CUP CUP
Wireless Telecommunication Facilities CUP/MUP/LTP CUP/MUP/LTP Chapter 20.49
Other Uses
Accessory Structures and Uses MUP MUP
Outdoor Storage and Display MUP MUP Section 20.48.140
Personal Property Sales P P Section 20.48.150
Special Events Chapter 11.03
Temporary Uses LTP LTP Section 20.52.040
* 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. A minor use permit shall be required for any use located within five hundred (500) feet, property line to
property line, of any residential zoning district.
b. 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
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imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County
(ALUC), and by the Caltrans Division of Aeronautics.
(Ord. 2020-9 § 3, 2020; Ord. 2014-1 §§ 5, 6, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.22.030 Mixed-Use 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 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
Development
Feature MU-V MU-MM MU-DW 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.40,000 sq. ft.5,000 sq. ft.
Lot Width (2)25 ft.50 ft.100 ft.40 ft.
Density Range Minimum/maximum allowable density range for residential uses.
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
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.
Min. 0.25
Max. 0.50 for
nonresidential
Max. 1.0 for
residential.
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Development
Feature MU-V MU-MM MU-DW MU-CV/15th St.
Additional
Regulations
Nonresidential
only
0.75 0.50 0.50 0.50
Residential only N/A N/A N/A 1.5
Setbacks The distances below are minimum setbacks required for primary structures. See
Section 20.30.110 (Setback Regulations and Exceptions) for setback
measurement, allowed projections into setbacks, and exceptions.
Front 0 0 0 0
Side 0 0 0 0
Side adjoining a
residential district
5 ft.5 ft.5 ft.5 ft.
Rear 0 0 0 0
Rear adjoining
residential district
5 ft.5 ft.5 ft.5 ft.
Rear adjoining an
alley
10 ft.5 ft.0 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.10 ft.
Height Maximum allowable height of structures without discretionary approval. See
Section 20.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 20.30.060(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
MU-DW 32 ft. with flat roof, less than 3/12 roof pitch
37 ft. with sloped roof, 3/12 roof pitch or greater
Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
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Development
Feature MU-V MU-MM MU-DW MU-CV/15th St.
Additional
Regulations
Landscaping See Chapter 20.36 (Landscaping Standards).
Lighting See Section 20.30.070 (Outdoor Lighting).
Outdoor
Storage/Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking See Chapter 20.40 (Off-Street Parking).
Satellite
Antennas
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs See Chapter 20.42 (Sign Standards).
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.
(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
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.
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Development Feature MU-W1 (3)MU-W2
Additional
Requirements
Lot Width
Mixed-use structures 200 ft.25 ft.
Non-mixed-use structures 50 ft.25 ft.
Density (4)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 20.30.110 (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.
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Development Feature MU-W1 (3)MU-W2
Additional
Requirements
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 N/A N/A
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 20.30.060 (Height Limits and
Exceptions) for height measurement requirements. See
Section 20.30.060(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 20.30.040 (Fences, Hedges, Walls, and Retaining
Walls).
Landscaping See Chapter 20.36 (Landscaping Standards).
Lighting See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and
Activities).
Parking See Chapter 20.40 (Off-Street Parking).
Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio
Facilities).
Signs See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
10/27/2020 Chapter 20.22 MIXED-USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)
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(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 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)
The Newport Beach Municipal Code is current through Ordinance 2020-23, passed September 22, 2020.
Disclaimer: The City Clerk’s office has the official version of the Newport Beach Municipal Code. Users should
contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://www.newportbeachca.gov/
City Telephone: (949) 644-3005
Code Publishing Company
Land Use Element
Newport Beach General Plan 3-12
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
RESIDENTIAL NEIGHBORHOODS
SINGLE UNIT RESIDENTIAL
Single Unit Residential Detached—RS-D The RS-D category applies to a range of detached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing.
Not applicable
Single Unit Residential Attached—RS-A The RS-A category applies to a range of attached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing.
Not applicable
TWO UNIT
RESIDENTIAL—RT
The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes.
Not applicable
MULTIPLE RESIDENTIAL
Multiple Residential—RM The RM designation is intended to provide primarily for multi-family residential development containing attached or detached dwelling units.
Units per acre or cumulative amount of development as specified on the Land Use Figures
Multiple Residential Detached—RM-D The RM-D designation is intended to provide primarily for multi-family residential development exclusively containing detached dwelling units.
Units per acre or cumulative amount of development as specified on the Land Use Figures
COMMERCIAL DISTRICTS AND CORRIDORS
NEIGHBORHOOD COMMERCIAL—CN The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area.
Floor area to land area ratio or cumulative development indicated on Land Use Plan.
CORRIDOR COMMERCIAL—CC The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity.
Floor to land area ratio or cumulative development indicated on Land Use Plan.
GENERAL COMMERCIAL—CG The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs.
Floor area to land area ratio or cumulative development indicated on Land Use Plan.
RECREATIONAL AND MARINE COMMERCIAL—CM
The CM designation is intended to provide for commercial development on or near the bay in a manner 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 waterfront commercial and industrial building sites on or near the bay.
Floor area to land area ratio or cumulative development indicated on Land Use Plan.
VISITOR SERVING COMMERCIAL—CV The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach.
Floor area to land area ratio or cumulative development indicated on Land Use Plan.
Land Use Element
Newport Beach General Plan 3-13
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
VISITOR SERVING COMMERCIAL – LIDO VILLAGE—CV-LV
The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed
As specified by Table LU2
REGIONAL COMMERCIAL—CR
The CR designation is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. Typically, these are integrated into a multi-tenant development that contains one or more “anchor” uses to attract customers. Automobile sales, repair, and service facilities, professional offices, single-destination, and other highway-oriented uses are not permitted.
As specified by Table LU2
COMMERCIAL OFFICE DISTRICTS
GENERAL COMMERCIAL OFFICE—CO-G The CO-G designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Hotels, motels, and convalescent hospitals are not permitted.
Floor area to land area ratio or cumulative development indicated on Land Use Plan.
MEDICAL COMMERCIAL OFFICE—CO-M
The CO-M designation is intended to provide primarily for medical-related offices, other professional offices, retail, short-term convalescent and long-term care facilities, research labs, and similar uses.
Floor area to land area ratio of 0.75, except as specified on the Land Use Plan.
REGIONAL COMMERCIAL OFFICE—CO-R The CO-R designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service, and entertainment uses.
As specified by Table LU2
INDUSTRIAL DISTRICTS
GENERAL INDUSTRIAL—IG The IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses.
Floor area to land area ratio of 0.75, except as specified on the Land Use Plan.
AIRPORT SUPPORTING DISTRICTS
AIRPORT OFFICE AND SUPPORTING USES—AO The AO designation is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include professional offices, aviation retail, automobile rental, sales, and service, hotels, and ancillary retail, restaurant, and service uses.
Floor area to land area ratio of 0.5, except for warehousing which may be developed at a floor area to land ratio of 0.75.
MIXED-USE DISTRICTS
MIXED USE VERTICAL—MU-V The MU-V designation is intended to provide for the development of properties for mixed-use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. For mixed-use structures, commercial uses characterized by noise, vibration, odors, or other activities that would adversely impact on-site residential units are prohibited. Sites may also be developed exclusively for retail or office uses in accordance with the CN, CC, CG, or CO-G designations.
Mixed-Use buildings: floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and a maximum of 1.0 for residential.
Nonresidential buildings: floor area to land area ratio of 0.75.
Land Use Element
Newport Beach General Plan 3-14
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
MIXED-USE HORIZONTAL—MU-H
The MU-H designation is intended to provide for the development of areas for a horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi-family residential, visitor-serving and marine-related uses, and/or buildings that vertically integrate residential with commercial uses.
Mixed-Use Horizontal 1—MU-H1 The MU-H1 designation provides for a horizontal intermixing of uses.
For properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor, (a) the Coast Highway frontages shall be developed for marine-related and highway-oriented general commercial uses in accordance with CM and CG designations; and (b) portions of properties to the rear of the commercial frontage may be developed for free-standing neighborhood-serving retail, multi-family residential units, or mixed-use buildings that integrate residential with retail uses on the ground floor in accordance with the CN, RM , CV, or MU-V designations respectively.
Properties located in the Dover Drive/Westcliff Drive area may also be developed for professional offices or mixed-use buildings that integrate residential with retail or office uses on the ground floor in accordance with the CO and MU-V designations respectively.
Commercial or Office only: floor area to land ratio of 0.5.
Multi-Family Residential only: 20.1–26.7 units per acre.
Mixed-Use Buildings: floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.25 and maximum of 0.5 shall be used for nonresidential purposes and a maximum of 1.0 for residential.
Mixed-Use Horizontal 2—MU-H2 The MU-H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multi-family residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses.
Residential: maximum of 2,200 units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per adjusted gross acre, of which a maximum of 550 units may be developed as infill.
Nonresidential Uses: as defined by Table LU2
Mixed-Use Horizontal 3—MU-H3 The MU-H3 designation applies to properties located in Newport Center. It provides for the horizontal intermixing of regional commercial office, hotel, multi-family residential and ancillary commercial uses. Within the Tennis Club, residential uses may be developed as single-family units.
Residential: maximum of 540 units
Hotel: 65 rooms in addition to those specified in Table LU2
Other: Nonresidential: As specified by Table LU2
Land Use Element
Newport Beach General Plan 3-15
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
Mixed-Use Horizontal 4—MU-H4 The MU-H4 designation applies to properties where it is the intent to establish the character of a distinct and cohesively developed district or neighborhood containing multi-family residential with clusters of mixed-use and/or commercial buildings in such locations as the interior parcels of Cannery Village and 15th Street on Balboa Peninsula. Permitted uses include (a) Multi-Family Residential, (b) General or Neighborhood Commercial, and/or (c) Mixed-Use structures, where the ground floor shall be restricted to nonresidential uses along the street frontage such as retail sales and restaurants and the rear and upper floors used for residential including seniors units and overnight accommodations (comparable to MU-V). Mixed-use or commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels.
Mixed-Use Buildings: floor area to land area ratio of 1.5, where a minimum floor area to land area ratio of 0.25 and maximum 0.5 shall be used for retail uses and maximum of 1.0 for residential.
Commercial only: floor area to land area ratio of 0.5.
Multi-Family Residential only: 20.1–26.7 units per net acre.
MIXED-USE WATER RELATED—MU-W
The MU-W designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential.
Mixed-Use Water 1—MU-W1 The MU-W1 designation is applied to waterfront locations along the Mariners’ Mile Corridor in which marine-related, visitor-serving, commercial and residential uses are intermixed with buildings that provide residential uses above the ground floor. Permitted uses include those permitted by the CM, CV, Multi-Family Residential (MFR), and Vertical Mixed-Use (MU-V) designations. A minimum of 50% of the permitted square footage shall be used for the CM or CV land uses. No more than 50% of the waterfront area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed-use structures. A master or specific plan shall be required to ensure that the uses are fully integrated and impacts from their differing functions and activities are fully mitigated.
Mixed-Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and the number of residential units shall not exceed the cumulative total for Multi-Family Residential specified below.
Commercial only: floor area to land area ratio of 0.5.
Multi-Family Residential only: 12 units per acre, with the number of units calculated based on a maximum of 50% of the property.
Land Use Element
Newport Beach General Plan 3-16
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
Mixed-Use Water 2—MU-W2 The MU-W2 designation is applied to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the CM, CV, and MU-V designations. Free-standing residential shall not be permitted.
Mixed-Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and maximum of 0.75 for residential.
In Lido Marina Village, the maximum floor area to land ratio shall be 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.7 shall be used for nonresidential purposes and a maximum of 0.8 for residential.
Nonresidential buildings: floor area to land area ratio of 0.5.
PUBLIC, SEMI-PUBLIC, AND INSTITUTIONAL
PUBLIC FACILITIES—PF The PF designation is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities.
Not applicable.
PRIVATE INSTITUTIONS—PI
The PI designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities.
Floor to land area ratio or cumulative development indicated on Land Use Plan.
OPEN SPACE—OS The OS designation is intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community’s natural resources.
Open spaces may include incidental buildings, such as maintenance equipment and supply storage, which are not traditionally included in determining intensity limits.
OPEN SPACE/ RESIDENTIAL VILLAGE—OS(RV)
The OS(RV) designation is intended for the preservation of Banning Ranch as open space, restoration of wetlands and other habitats, development of a community park, and consolidation of oil extraction and processing facilities.
Should the property not be acquired, the designation permits the development of a planned residential community that integrates a mix of single-family detached, single-family attached, two family, and/or multi-family residential, with supporting schools, parks, community services, local-serving convenience commercial uses and services, and open spaces. A master or specific plan is required to depict the uses, street and infrastructure improvements, open spaces, development standards, design guidelines, and financial plan.
Priority: Open spaces, habitat restoration, and parks.
Alternative: Maximum of 1,375 residential units, 75,000 sf of retail commercial, and 75 hotel rooms.
Land Use Element
Newport Beach General Plan 3-17
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
PARKS AND RECREATION—PR
The PR designation applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities.
Not applicable for public uses.
Private uses in this category may include incidental buildings, such as maintenance equipment sheds, supply storage, and restrooms, not included in determining intensity limits.
For golf courses, these uses may also include support facilities for grounds maintenance employees.
Other types of buildings and developments are limited as specified in Table LU2.
TIDELANDS AND SUBMERGED LANDS—TS
The TS designation is intended to address the use, management, and protection of tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately adjacent to the City of Newport Beach. The designation is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed.
Not applicable.
Calculation of floor area shall not include parking structures.
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STATISTICAL AREAB3, B4, B5
CITY of NEWPORT BEACHGENERAL PLAN
Figure LU6
Industrial Districts
Commercial Office Districts
General Commercial OfficeCO-G
Medical Commercial OfficeCO-M
Regional Commercial Office
Public, Semi-Public and Institutional
Private Institutions
Single-Unit Residential Attached
Single-Unit Residential Detached
RS-A
Residential Neighborhoods
RS-D
Two-Unit ResidentialRT
RS-A
Multiple-Unit Residential Detached
Multiple Unit Residential
RM-D
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Commercial Districts and Corridors
General Commercial
Recreational and Marine Commercial
Neighborhood Commercial CN
Corridor CommercialCC
CG
CV Visitor Serving Commercial
CM
Regional Commercial CR
Airport Supporting Districts
Airport Office and Supporting UsesAO
Mixed -Use Districts
Mixed Use VerticalMU-V
Mixed Use HorizontalMU-H
Mixed Use Water RelatedMU-W
IndustrialIG
Public FacilitiesPF
Open Space
PR Parks and Recreation
OS
City of Newport Beach Boundary
Statistical Area Boundary
Land Use Delineator LineRefer to anomaly table
B4
0 1,000500 Feet
Tidelands and Submerged LandsTS
PI
CO-R
LU6_Cannery.mxd 03/10/2016
2010-105 GP2010-005 PA2010-052 09/14/2010 Change MU-W2 to CV 0.5 for the properties located at 2102 W. Ocean Front and 2306 W. Ocean Front ;Change Lido Peninsula to RM and CM, establishing Anomaly 78 and CM 0.5 from MU-W3Change RM 20 du/ac to MU-W2 for the property located at 3366 Via Lido.
CC Resolution No.GPA No.Project No.Adopting Date Description
2013-26 (re-adopted)2011-79 GP2011-003 PA2011-024 03/12/201306/28/2011 Change RM 20 du/ac to MU-V for the propertylocated at 3363 Via Lido.(11/15/2012)*
*California Coastal Commission Approval
2010-105 GP2011-010 PA2011-209 03/27/2012 Change RT to CV 0.5 FAR or the propertylocated at 200 30th Street(11/15/2013*)
2013-77 GP2012-005 PA2012-146 11/12/2013(03/12/2014*)Change PI 0.75 FAR to RM 20 du/ac for the propertylocated at 3303 Via Lido
Visitor Serving Commercial Lido VillageCV-LV
2016-29 GP2012-002 PA2012-031 02/09/2016 Change PF to newly established designation of CV-LV and establishment of Anomaly 85 for the property located at3300 Newport Boulevard and 475 32nd Steet.(03/10/2016*)