20.40 and the site development standards contained in this section.

d. Any other uses which the Community Development 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 subsection (C)(2) of this section shall be removed and
the premises cleared of all debris within fourteen (14) days of the expiration of the
applicable use permit.

4. Prohibited Temporary Uses.

a. All uses not specifically permitted per this section.

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City of Newport Beach, CA § 20.90.120 NEWPORT BEACH CODE § 20.90.120

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 Community Development Director finds would result in
conditions or circumstances contrary to public health, safety and general
welfare.

5. Time Limits. Limited term permits for temporary uses permitted per subsection (C)(2)
of this section shall be approved for a maximum of five years from the date of final
determination. At the end of that time period, the permit shall be reviewed and may
be extended from one to five years at the discretion of the Zoning Administrator.

6. Site Development Standards for Temporary Uses.

a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six
feet in height along the side property line and at eight feet in height maximum
along the rear property line, measured from the highest adjacent finished grade
of the subject site. For property lines adjacent to the REQ District, an eight-foot-
high wall shall be required. In addition, a front wall or fence may be required at
the discretion of the Community Development Director. Fence or wall materials
and height shall be subject to approval at the discretion of the Community
Development 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 ten (10) feet from any property line abutting a public street.

c. Landscaping. A landscape plan shall be required within the ten (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 20.90.030.

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 ten (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 ten (10) feet and structures and commercial

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City of Newport Beach, CA § 20.90.120 PLANNING AND ZONING § 20.90.120

coaches shall not exceed sixteen (16) feet. In all cases, the height of vehicles,
equipment, materials, structures and commercial coaches shall not exceed six
feet if within ten (10) feet of the perimeter wall or fence.

h. Hours of Operation. Commercial operations shall occur only between the hours
of 7:00 a.m. and 10:00 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
including:

1. Automobile parking structures, in compliance with the site development standards in
subsection (F) of this section.

2. Other detached buildings.

3. Fences and walls.

4. Signs per subsection (F) of this section.

5. Any other accessory use or structure which the Community Development 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 one ton unless allowed by a use permit under subsection (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 subsection (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 Community Development 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). Maximum of 0.5. 2. Building Site Area. Nineteen thousand eight hundred (19,800) square feet minimum,

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City of Newport Beach, CA § 20.90.120 NEWPORT BEACH CODE § 20.90.120

except as modified by special symbol per Section 20.90.040(B).

3. Building Site Coverage. Forty (40) percent maximum.

4. Building Height. Fifteen (15) feet maximum or sloping up to eighteen (18) feet
maximum in the first twenty (20) feet measured from the front property line, and then
thirty (30) feet maximum for structures located less than seventy-five (75) feet from
any property line abutting the REQ District and thirty-seven (37) feet for structures
located seventy-five (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 thirty-seven (37) foot height
limit by six feet; provided, that the roof screen is set back from the outside face
of the main building parapet a minimum of ten (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 five feet above the
centerline of the adjacent street(s) and from abutting lots in the REQ District, as
calculated from a point five feet above existing grade level at a distance of three
hundred (300) feet or less from the subject building site.

5. Building Setbacks.

a. Front Setback. Ten (10) feet minimum.

b. Side Setback. Zero feet minimum one side only and ten (10) feet minimum other side, except where the side property line abuts the REQ District, in which case the following shall apply:

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

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

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

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

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

6. Off-Street Parking. Per Chapter 20.40, except only one level of parking is permitted
below any floor with office/commercial space.

7. Trash, Storage and Ground-Mounted Mechanical Equipment. All storage of cartons,

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City of Newport Beach, CA § 20.90.120 PLANNING AND ZONING § 20.90.120

containers and trash, along with ground-mounted mechanical equipment, shall be
enclosed by a building or by a wall not less than six feet in height. No such structure
shall be located within ten (10) feet of any property line abutting the REQ District. If
unroofed, no such structure shall be located within forty (40) feet of any property line
abutting the REQ District and no closer than ten (10) feet from any side property line
abutting the BP District. (Refer to Section 20.90.030 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 ten (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 three feet along all property
lines not abutting a public street, except property lines abutting the REQ District
where a minimum depth of ten (10) feet is required.

c. Landscaping shall be provided in conformance with the landscape guidelines of
Section 20.90.030 (Design Guidelines).

10. Building Design. All development shall be in conformance with the guidelines of
Section 20.90.030 (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 six and one-half 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 are
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 five 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 five feet above existing grade
level from a distance of three hundred (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 20.90.030 for design
guidelines.)

12. Buffer Area. A minimum six-foot-high slump block wall shall be constructed along
property lines abutting the REQ District, except within the front setback area, where

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City of Newport Beach, CA § 20.90.120 NEWPORT BEACH CODE § 20.90.120

the height shall be no greater than three and one-half feet. Landscaping adjacent
to this wall shall be in conformance with the provisions of Section 20.90.030 and
Exhibit 20.90-7 (Design Guidelines).

13. Utility Poles and Overhead Wires. All public utility wires and lines shall be
undergrounded within the ten (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 20.42:

a. Ground Signs. One 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 six 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 six 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.

i. One 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 forty (40)
square feet, and comprising no more than ten (10) percent of the area of
the wall, including windows and door area, upon which the sign is located.
Such signs shall be nonilluminated.

ii. 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 six square feet in area. Such signs
shall not be located above the roof fascia, shall not have internal lighting,
and shall be made of a material compatible with the materials of the
building.

c. Building Directory Signs. One building directory at each main entrance to the
building. Such directory shall have letters not exceeding two 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. One unlighted sign not to exceed twelve (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

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City of Newport Beach, CA § 20.90.120 PLANNING AND ZONING § 20.90.130

method by which facilities shall be maintained.

(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 948, 2023)