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  SAHPAC - 2010: 20.44.050 Business Park District: SP-7 (BP)

Contact: Tim Stoaks, Chairman

email: timstoaks@sbcglobal.net




20.44.050 Business Park District: SP-7 (BP)

A. Purpose and Intent. The BP District is established to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Attention shall be given to the protection of the adjacent residential uses through regulation of building mass and height, landscape buffers, and architectural design features.

B. Principal Uses Permitted.

1. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91:

a. Professional and administrative offices.
b. Financial institutions.
c. Civic and government uses.
d. Office-serving commercial uses, including restaurants, located within a building primarily devoted to office uses.
e. Communication transmitting, reception or relay facilities.
f. Public/private utility buildings and structures.
g. Blueprinting, reproduction and copying services.
h. Message, mail and delivery services.
i. Medical and dental offices.
j. Retail businesses.
k. Service businesses.

2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per. per Chapter 20.91:

a. Restaurants subject to the following:

(1) not permitted adjacent to REQ lots.
(2) no live entertainment.
(3) no dancing.

b. Automobile rental agencies not permitted adjacent to REQ lots.
c. Commercial recreation.
d. Assembly of components or finished products.
e. Research, testing and development laboratories.
f. Any other uses which the Planning Commission finds consistent with the purpose and intent of this district.

C. Temporary Uses Permitted.

1. Temporary uses per Section 20.60.015.

2. The following additional temporary uses are permitted subject to approval of a use permit by the. Planning Director per Chapter 20.91:

a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of $500 for each temporary structure shall be posted with the Planning Director to guarantee the removal of each temporary structure upon the expiration of the use permit.

b. Commercial coaches serving as temporary office space. A cash bond in the amount of $500 for each commercial coach unit shall be posted with the Planning Director to guarantee the removal of each commercial coach unit upon expiration of the use permit.

c. Conforming uses shall be permitted in non-conforming structures subject to the approval of a use permit by the Planning Director. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.66 and the site development standards contained in this Section.

d. Any other uses which the Planning Director finds consistent with the Purpose and Intent of this District.

3. Removal of Temporary Uses. The temporary use and accessory equipment, materials and structures permitted per Paragraph C-2, preceding, shall be removed and the premises cleared of all debris within 14 days of the expiration of the applicable use permit.

4. Prohibited Temporary Uses.

a. All uses not specifically permitted per this Section.

b. Storage of hazardous materials.

c. Underground storage tanks.

d. Trucks and trailers exceeding three tons in gross weight.

e. Vehicle repair (as a primary use), automobile junk and salvage yards.

f. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.

5. Time Limits. Use permits for temporary uses permitted per Paragraph C-2, preceding, shall be approved for a maximum of 5 years from the date of final determination. At the end of that time period, the permit shall be reviewed and may be extended from 1 to 5 years at the discretion of the Planning Director.

6. Site Development Standards for Temporary Uses.

a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at 6 feet in height along the side property line and at 8 feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For properties lines adjacent to the REQ District, an 8-foot high wall shall be required, as specified in Paragraph F-11 of this Section. In addition, a front wall or fence may be required at the discretion of the Planning Director. Fence or wall materials and height shall be subject to approval at the discretion of the Planning Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited.

b. Setbacks. Setbacks for any temporary building, wall, fence or storage area shall be 10 feet from any property line abutting a public street.

c. Landscaping. A landscape plan shall be required within the 10-foot setback area adjacent to any public street. Landscaping in these areas shall be used to screen temporary buildings, fences, walls or storage areas, which may be visible from a public street. This landscaping shall be consistent with the Design Guidelines of Section 20.44.020.

d. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises.

e. Utility Poles and Overhead Wires. All public utility wires and lines shall be undergrounded within the 10-foot setback area adjacent to any public street where undergrounding of utilities exists. Connections to existing utility poles will be allowed temporarily until such time as undergrounding of utilities within the street is implemented.

f. All-Weather Surface. An all-weather surface (e.g., asphalt, concrete or other approved material) at least four inches thick shall be provided for all storage areas including storage areas for equipment, materials, and vehicles.

g. Height Limit. The height of vehicles, equipment or materials stored on the subject property shall not exceed 10 feet and structures and commercial coaches shall not exceed 16 feet. In all cases, the height of vehicles, equipment, materials, structures and commercial coaches shall not exceed 6 feet if within 10 feet of the perimeter wall or fence.

h. Hours of Operation. Commercial operations shall occur only between the hours of 7 a.m. and 10 p.m., to ensure compatibility with surrounding land uses.

D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include:

1. Automobile parking structures, in compliance with the site development standards in Paragraph F of this Section.
2. Other detached buildings.
3. Fences and walls.
4. Signs per Paragraph F of this Section.
5. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district.

E. Prohibited Uses. The following uses are specifically prohibited:

1. All uses not listed in this Section as permitted.
2. Outdoor storage of any equipment, materials, apparatus or vehicles greater than 1 ton unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted).
3. Adult entertainment businesses and adult-oriented businesses.
4. Educational institutions.
5. Hospitals and nursing homes.
6. Residential uses.
7. Manufacturing uses, unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted).
8. Day nurseries.
9. Automobile wrecking, junk and salvage yards.
10. Vehicle engine/transmission rebuilding as a primary use.
11. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.

F. Site Development Standards.

1. Floor Area Ratio (FAR): Per Chapter 20.63.

2. Building Site Area: 19,800 square feet minimum, except as modified by special symbol per Subsection 20.44.025-B.

3. Building Site Coverage: 40 percent maximum.

4. Building Height: 15 feet maximum or sloping up to 18 feet maximum in the first 20 feet measured from the front property line, and then 30 feet maximum for structures located less than 75 feet from any property line abutting the REQ District and 37 feet for structures located 75 feet or more from any property line abutting the REQ District. Roof-mounted mechanical equipment shall comply with the following:

a. Mechanical roof screens may exceed the maximum 37 foot height limit by 6 feet, provided that the roof screen is set back from the outside face of the main building parapet a minimum of 10 feet.

b. Roof screen materials and detailing must be compatible with the main building architecture.

c. Roof-mounted equipment shall not be visible from a point 5 feet above the centerline of the adjacent street(s) and from abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level at a distance of 300 feet or less from the subject building site.

5. Building Setbacks.

a. Front setback: 10 feet minimum.

b. Side setback: 0 feet minimum one side only and 10 feet minimum other side, except where the side property line abuts the REQ District, in which case the following shall apply:

(1) For structures 30 feet or less in height (including roof-mounted mechanical equipment): 45 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line.

(2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line.

c. Rear setback: 0 feet minimum, except where the rear property line abuts the REQ District, in which case the following shall apply:

(1) For structures 30 feet or less in height: 45 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line.

(2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10-foot wide landscape buffer adjacent to the property line.

6. Off-Street Parking. Per Chapter 20.66, except only 1 level of parking is permitted below any floor with office/commercial space.

7. Trash, Storage and Ground-Mounted Mechanical Equipment. All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height. No such structure shall be located within 10 feet of any property line abutting the REQ District. If unroofed, no such structure shall be located within 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District. (Refer to Section 20.44.020 for design guidelines.)

8. Enclosed Uses. All office and commercial uses and their related products shall be contained entirely within a completely enclosed structure except for parking and loading areas and outdoor uses expressly permitted by an approved use permit.

9. Landscaping. A minimum landscaped area shall be provided as follows:

a. Boundary landscaping with a minimum depth of 10 feet along all property lines abutting a public street, except for the area required for street openings.

b. Boundary landscaping with a minimum depth of 3 feet along all property lines not abutting a public street, except property lines abutting the REQ District where a minimum depth of 10 feet is required.

c. Landscaping shall be provided in conformance with the landscape guidelines of Section 20.44.020 (Design Guidelines).

10. Building Design. All development shall be in conformance with the guidelines of Section 20.44.020 (Design Guidelines) and the following:

a. On properties abutting the REQ District, a direct line of sight to abutting properties within the REQ District from second story openings, windows, usable balconies, open stairways, stairway landings or other architectural features shall be prohibited. In addition, All windows above the first floor facing the REQ District shall have a minimum height of 6½ feet of permanent window treatment. This treatment may include integrally-obscured glass, permanently positioned window louvers or other equally effective treatment as approved by the Planning Commission. Applied films to windows is prohibited.

b. Usable balconies, open stairways and landings or other architectural features shall be permitted on the sides and the front of the building, not facing the REQ District.

c. All roof structures, such as air conditioning units, ventilation devices or other roof-mounted appurtenances, shall be screened from view from a point 5 feet above the centerline of any adjacent street and from the REQ District or abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level from a distance of 300 feet or less from the subject building site.

11. Lighting. All lighting, exterior and interior, shall be designed and located so that direct light rays are confined to the premises. (Refer to Section 20.44.020 for design guidelines.)

12. Buffer Area. A minimum 6-foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3½ feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.44.020 and Exhibit 20.44-7 (Design Guidelines).

13. Utility poles and Overhead Wires. All Public utility wires and lines shall be undergrounded within the 10-foot setback area adjacent to any public street.

14. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.67:

a. Ground Signs: 1 double-faced ground sign per building site within the required front setback area, containing only the address of the property. Ground signs shall not exceed 6 feet in height including any earth berm, pedestal, base or similar structure upon which the sign may be mounted. Height to top of sign shall be measured from the top of curb for the adjacent public street. Each sign shall not exceed 6 square feet in area and shall be externally lighted. External lighting fixtures used to illuminate ground signs shall be concealed within plant materials or attached to and designed as an integral part of the sign. The sign and sign structure shall be designed and located so as not to create a sight distance safety problem for vehicle or pedestrian traffic.

b. Wall Signs.

(1) 1 identification sign placed on each wall facing a public street, relating only to the name and use of the building up to a maximum of 40 square feet, and comprising no more than 10 percent of the area of the wall, including windows and door area, upon which the sign is located. Such signs shall be non-illuminated.

(2) Additionally, in multiple tenancy office buildings, each individual tenant may have a wall sign over their entrance to identify only the name of the business. Each sign shall not exceed 6 square feet in area. Such signs shall not be located above the roof facia, shall not have internal lighting, and shall be made of a material compatible with the materials of the building.

c. Building Directory Signs. 1 building directory at each main entrance to the building. Such directory shall have letters not exceeding 2 inches in height containing only the name of the tenants, the suite or office number, and the nature of the use or service rendered.

d. Real Estate Signs. 1 unlighted sign not to exceed 12 square feet in area, pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed, and including no institutional advertising.

e. Internal Signs. All signs located within structures are permitted, provided such signs are not visible from any point on the boundary of the building site.

15. Drainage Plan. A drainage plan shall be submitted and approved as part of the use permit for each development showing the method for control and disposal of all waters flowing into, across and from the building site and a statement setting forth the method by which facilities shall be maintained.








This site is not part of, or funded by the County of Orange or City of Newport Beach , nor does the County or the City of Newport Beach sanction or have any jurisdiction over its content. Thank You to Russel Niewiarowski for the aerial photos on our site.

Home  |  PAC Members  |  Links to County, Newport Beach , & Airport information sites  |  Project Area Map, Police Info, Code Enforcement and other Frequently Asked Questions  |  Airport Info Sub Committee  |  JWA Chronology 1923 to 2008  |  PAC Budget Info.  |  Specific Plan  |  SOUND ATTENUATION report 2007  |  Sub Committees of SAHPAC  |  PAC ByLaws  |  PAC Project Updates at a Glance  |  Mesa Birch Park  |  Kline Drive  |  Undergrounding  |  Horse Trail Updates  |  Riding Arena Project  |  Poop Can Project  |  Bristol St. Sidewalk & Widening of Irvine Ave.  |  Feb. 2009 Minutes & 2008 archives  |  Archived PAC Minutes 2001- 2007  |  April 2009 & Past PAC Agendas