HomeMy WebLinkAboutOrdinance #2401 ORDINANCE NO . 2401
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SECTIONS 9511 .1 , 9511.2, 9530.2
AND 9530 .4 , AND ADDING THERETO NEW SECTIONS
9511.1 THROUGH 9511.7 AND 9530 .2 THROUGH
9530.4 TO PERMIT COMMERCIAL AND PROFESSIONAL
USES IN THE M1-A AND M1 DISTRICTS
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. Sections 9511 .1, 9511 .2, 9530 .2 and 9530.4
of the Huntington Beach Ordinance Code are hereby repealed .
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 9511 .1 through 9511.7 and
Sections 9530 .2 through 9530 .4 to read as follows:
9511.1 . ADJUNCT USES PERMITTED. Commercial and profes-
sional uses may be permitted when designed or intended to be
used only by employees of the industrial use subject to approval
of a use permit application, and compliance with the following
criteria:
(a) The adjunct use shall not exceed 25 percent of the
floor area of the primary industrial use.
(b) Only on-site manufactured goods shall be sold at retail
by an adjunct use.
( c) The primary industrial use shall have building frontage
on an arterial highway.
(d) The parking ratio for the adjunct use shall be calcu-
lated pursuant to commercial and office use rates .
( e) Signs shall not be used to advertise an adjunct oper-
ation.
(f) The adjunct operation shall be physically separated from
the primary industrial use .
9511 .2 . MIXED USES PERMITTED. As an alternative to the
JG: ahb 1.
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adjunct commercial and professional uses permitted by Section
9511 .1 , commercial , service and office uses may be permitted
in industrial developments subject to approval of a conditional
use permit application.
9511 .3 . PURPOSE . The purpose of these sections is to allow a
highly-restricted specific list of commercial and office uses in
an industrial service center development which, because of the
nature of operation or space needs, should more appropriately be
located within an industrial district.
It is intended that such mixed-use development of light in-
dustrial , limited-retail commercial, office and service shall
only be permitted where it can be demonstrated, prior to approval,
that such development shall be constructed and maintained in com-
pliance with quality development and performance standards de-
signed to achieve compatible occupancies , parking management,
traffic circulation, planned sign programs , aesthetically-pleasing
landscaping elements , and a property owners ' management plan.
9511 .4 . CONDITIONAL USE PERMIT . WHEN REQUIRED. (a) Com-
mercial, service , and office uses in conjunction with an in-
dustrial development shall only be permitted after review and
approval of a conditional use permit . The conditional use permit
application shall pertain to the entire development site for the
total project being proposed , and shall be required to be approved
prior to issuance of building permits whether for initial con-
struction or interior alterations . A proposed listing of com-
mercial, service, and office uses to be operated within the
project, unless specifically amended , shall be required concur-
rently with submittal of the original conditional use permit appli-
cation for the entire project. The purpose of the proposed listing
is to establish a theme of comprehensive and harmonious uses which
will be compatible with existing or other proposed uses in the
industrial development. Such listing of categories of uses shall
be approved by resolution of the Planning Commission prior to
approval of the conditional use permit for a mixed-use develop-
ment, and the listing shall also specify those structures as shown
on the site plan where such uses shall be located. The resolution
of approval shall be kept on file in the Department of Development
Services for reference purposes to limited uses .
(b) A conditional use permit for commercial, service, and
office uses within existing industrial developments of three (3)
or more acres may granted if the uses and the developments
comply with all requirements of this code .
9511.5 . DEVELOPMENT STANDARDS . The following development
standards shall apply to the entire mixed-use development in ad-
dition to the development standards of this article unless the
2.
1
Planning Commission or City Council adopts a resolution re-
quiring a specific adjustment to be made, and makes findings
that because of unusual circumstances applicable to the sub-
ject property, including the location, surrounding land use,;
size, or other conditions beyond the control of the property
owner, the adjustment is consistent with the general plan and
the intent of the industrial district.
(a) Minimum Development Area: The minimum development
area for the entire mixed-use development project shall not be
less than three (3) acres .
(b) Arterial Frontage: A mixed-use development project
shall only be permitted upon property abutting an arterial high-
way.
( c) Commercial Frontage Limitations: Commercial uses in
a mixed-use development shall not occupy more than 50 percent
of the original ground floor area of all buildings having
frontage upon an arterial highway.
( d) Floor Area Limitations: The total floor area of all
commercial, service and office uses shall not exceed 35 percent
of the original gross floor area of all buildings within the mixed-
use development.
( e) Signs: A planned sign program, as described in Article
976 shall be
.re uired The provisions of Section 9760.43(d)
q
shall not be mandatory for approval of a planned sign program.
( f) Parking Management Plan: A parking management plan
shall be submitted and approved by the Planning Commission as
a part of the conditional use permit application. Said plan
shall designate the number and location of all parking spaces
available for the retail commercial, service or office uses on
the site .
9511.6 . PROJECT MANAGEMENT. Prior to occupancy of any
building of a mixed-use development, and in an ongoing capacity
thereafter, a person or agency shall be designated to serve as
liaison to the city for the purpose of resolving land use en-
forcement problems , processing occupancy requests , and other
matters in which the city and owners of the project may be mu-
tually involved. Such person or agency shall be declared re-
sponsible under the covenants , conditions and restrictions to
carry out special functions as set out hereinafter.
9511.7 . PERFORMANCE STANDARDS BY PROJECT MANAGEMENT. The
following measures shall be promulgated by project management
prior to occupancy of any building in a mixed-use development:
3.
(a) Covenants , Conditions and Restrictions: All uses
in the project shall be subject to one comprehensive and per-
manent set of covenants , conditions and restrictions which
shall declare limitations on the mixed-use entitlement, in-
cluding the uses permitted and any conditions of approval
attached to the conditional use permit application. All de-
velopment, performance and management standards shall also be
included in the covenants , conditions and restrictions . Such
covenants, conditions and restrictions shall be subject to re-
view by the Department of Development Services for approval as
to content, and approval as to form by the City Attorney. Modi-
fications to approved covenants , conditions and restrictions
may be made only after such modifications have been submitted
for review and approval by the city in its sole judgment . The
latter stricture shall only apply to covenants , conditions and
restrictions for mixed-use developments .
(b) Construction by Phases: A development may be con-
structed in phases provided that the initial construction shall
consist of 25 percent of the industrial uses to be developed.
9530.2 . ADJUNCT USES PERMITTED. Commercial and profes-
sional uses may be permitted when designed or intended to be
used only by employees of the industrial use subject to approval
of a use permit application, and compliance with the following
criteria:
(a) The adjunct use shall not exceed 25 percent of the
floor area of the primary industrial use.
(b) Only on-site manufactured goods shall be sold at re-
tail by an adjunct use.
( c) The primary industrial use shall have building frontage
on an arterial highway.
( d) The parking ratio for the adjunct use shall be calcu-
lated pursuant to commercial and office use rates .
( e) Signs shall not be used to advertise an adjunct oper-
ation.
(f) The adjunct operation shall be physically separated from
the primary industrial use .
9530.2 .1 . MIXED USES PERMITTED. As an alternative to the
adjunct commercial and professional uses permitted by Section
9530.2 , commercial , service and office uses may be permitted
in industrial developments subject to approval of a conditional
use permit application.
4.
9530.2 .2 . PURPOSE. The purpose of these sections is to
allow a highly-restricted specific list of commercial and office
uses in an industrial service center development which, because
of the nature of operation or space needs , should more appro-
priately be located in an industrial district.
It is intended that such mixed-use development of light in-
dustrial, limited-retail commercial, office and service shall
only be permitted where it can be demonstrated, prior to approval,
that such development shall be constructed and maintained in com-
pliance with quality development and performance standards de-
signed to achieve compatible occupancies , parking management,
traffic circulation, planned sign programs, aesthetically-pleasing
landscaping elements , and a property owners ' management plan.
9530.2 .3 . CONDITIONAL USE PERMIT . WHEN REQUIRED. (a) Com-
mercial, service and office uses in conjunction with an in-
dustrial development shall only be permitted after review and ap-
proval of a conditional use permit . The conditional use permit
application shall pertain to the entire development site for
the total project being proposed, and shall be required to be
approved prior to issuance of building permits whether for initial
construction or interior alterations . A proposed listing of com-
mercial, service , and office uses to be operated within the
project, unless specifically amended, shall be required concur-
rently with submittal of the original conditional use permit appli-
cation for the entire project. The purpose of the proposed listing
is to establish a theme of comprehensive and harmonious uses
which will be compatible with existing or other proposed uses
in the industrial development. Such listing of categories of
uses shall be approved by resolution of the Planning Commission
prior to approval of the conditional use permit for a mixed-use
development , and the listing shall also specify those structures
as shown on the site plan where such uses shall be located . The
resolution of approval shall be kept on file in the Department of
Development Services for reference purposes to limited uses .
(b) A conditional use permit for commercial, service, and
office uses within existing industrial developments of three (3)
or more acres may be granted if the uses and the developments
comply with all requirements of this code .
9530.2 .4 . DEVELOPMENT STANDARDS . The following development
standards shall apply to the entire mixed-use development in ad-
dition to the development standards of this article unless the
Planning Commission or City Council adopts a resolution requiring
a specific adjustment to be made, and makes findings that because
of unusual circumstances applicable to the subject property, in-
cluding the location, surrounding land use, size, or other condi-
tions beyond the control of the property owner, the adjustment is
5.
consistent with the general plan and the intent of the indus-
trial district.
(a) Minimum Development Area: The minimum development
area for the entire mixed-use development project shall not be
less than three (3 ) acres .
(b) Arterial Frontage: A mixed-use development project
shall only be permitted upon property abutting an arterial high-
way.
( c) Commercial Frontage Limitations: Commercial uses in
a mixed-use development shall not occupy more than 50 percent
of the original ground floor area of all buildings having
frontage upon an arterial highway.
( d) Floor Area Limitations: The total floor area of all
commercial, service and office uses shall not exceed 35 percent
of the original gross floor area of all buildings within the mixed-
use development.
(e) Signs- A planned sign program, as described in
Article 97 shall be required. The provisions of Section 9760.43(d)
shall not be mandatory for approval of a planned sign program.
(f) Parking Management Plan: A parking management plan
shall be submitted and approved by the Planning Commission as
a part of the conditional use permit application . Said plan
shall designate the number and location of all parking spaces
available for the retail commercial, service or office uses on
the site .
9530.2 .5 . PROJECT MANAGEMENT. Prior to occupancy of any
building of a mixed-use development, and in an ongoing capacity
thereafter, a person or agency shall be designated to serve as
liaison to the city for the purpose of resolving land use en-
forcement problems , processing occupancy requests , and other
matters in which the city and owners of the project may be mu-
tually involved. Such person or agency shall be declared re-
sponsible under the covenants , conditions and restrictions to
carry out special functions as set out hereinafter.
9530.4 . PERFORMANCE STANDARDS BY PROJECT MANAGEMENT. The
following measures shall be promulgated by project management
prior to occupancy of any building in a mixed-use development:
(a) Covenants , Conditions and Restrictions: All uses in
the project shall be subject to one comprehensive and permanent
set of covenants , conditions and restrictions which shall declare
limitations on the mixed-use entitlement, including the uses
permitted and any conditions of approval attached to the conditional
6.
use permit application. All development, performance and manage-
ment standards shall also be included in the covenants , condi-
tions and restrictions . Such covenants, conditions and restric-
tions shall be subject to review by the Department of Development
Services for approval as to content, and approval as to form by
the City Attorney. Modifications to approved covenants, condi-
tions and restrictions may be made only after such modifications
have been submitted for review and approval by the city in its
sole judgment . The latter stricture shall only apply to covenants ,
conditions and restrictions for mixed-use developments .
( b) Construction by Phases: A development may be con-
structed in phases provided that the initial construction shall
consist of 25 percent of the industrial uses to be developed.
SECTION 3. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach Independent, a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of 114overfber 1979.
Mayor-
ATTEST: APPROVED AS TO FORM:
City C erk City torney G.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
42
Cit Administrator ?ir4e0*c4torof -9e-velopment
Services
7.
Ord. No. 2401
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of member$ of the City .Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the .5th _ day of November
19 79 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of November , 19 79 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, MacAllister, Bailey, Yoder, Finley
NOES: Councilmen:
Mandic
ABSENT Councilmen:
Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, A'icia P1. Wcni,,vorth CITY CLERK of the Ciiy of
!• Ec!--h an,, e> c 1of t-:> City
19, y..::
In a tl the _y° r.1, t . of a.d City.
City Clerk
__............. .. ..... . ,........... ..:..... :.. ...
Deputy City Clerk