HomeMy WebLinkAboutOrdinance #3523 0 Z-Yt-dl
ORDINANCE NO. 3523
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
AMENDING CHAPTER 212 THEREOF RELATING TO INDUSTRIAL DISTRICTS
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and the Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No. 01-04, which amends various Sections of the
Huntington Beach Zoning and Subdivision Ordinance including three sections of SP 5 (Downtown
Specific Plan) relating to permit streamlining and development processing; and
After due consideration of the findings and recommendations of the Planning Commission and
all other evidence presented, the City Council finds that the aforesaid amendment is proper and
consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as
follows:
SECTION 1: That Section 212.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
212.04 IG and IL Districts: Land Use Controls
In the following schedules, letter designations are used as follows:
"P" designates use classifications permitted in the I districts.
"L" designates use classifications subject to certain limitations prescribed by the
"Additional Provisions" which follow.
"PC" designates use classifications permitted on approval of a conditional use permit by
the Planning Commission.
"ZA" designates use classifications permitted on approval of a conditional use permit by
the Zoning Administrator.
"TU" designates use classifications allowed upon approval of a temporary use permit by
the Zoning Administrator.
"P/U" for an accessory use means that the use is permitted on the site of a permitted use,
but requires a conditional use permit on the site of a conditional use.
Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional
Provisions" column refer to requirements following the schedule or located elsewhere in this
ordinance. Where letters in parentheses are opposite a use classification heading, referenced
provisions shall apply to all use classifications under the heading.
ordlOIzone amend/chp212112/13/01 1
Ord.No.3523
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Commission
CONTROLS ZA- Conditional use permit approved by Zoning Administrator
TU - Temporary Use Permit
P/U-Requires conditional use permit on site of conditional use
Not Permitted
Additional
IG IL Provisions
Residential
Group Residential PC PC (J)
Public and Semipublic (A)(M)
Community and Human Service
Facilities PC PC {L)
Day Care, General ZA ZA
Heliports Maintenance & Service
Facilities PC PC (0)
Public Safety Facilities P P
Religious Assembly L-10 L-10
Schools, Public or Private L-6 L-6
Utilities,Major PC PC
Utilities, Minor L-7 L-7 (P)
Commercial Uses (D)(M)
Ambulance Services ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA
Animal Hospitals ZA ZA
Artists' Studios P P _
Banks and Savings and Loans L-1 L-1
Building Materials and Services P P
Catering Services - P
Commercial Filming ZA ZA
Commercial Recreation and
Entertainment L-2 L-2
Communication Facilities P P
Eating &Drinking Establishments L-3 L-3
w/Live Entertainment ZA ZA (S)(U)
Food &Beverage Sales ZA ZA
Hospitals and Medical Clinics - PC
Laboratories P P
Maintenance &Repair Services P P
Marine Sales and Services P P
Nurseries P P
Offices, Business &Professional L-1 Lr1 (H)
ordlOIzone amend1chp212112113/01 2
Ord. No.3523
IG AND IL P - Permitted
DISTRICTS: L - Limited(see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Commission
CONTROLS ZA- Conditional use permit approved by Zoning Administrator
TU- Temporary Use Permit
P/U Requires conditional use permit on site of conditional use
Not.Permitted
Additional
IG IL Provisions
Personal Enrichment L-9 L-9 (U)
Personal Services L-1 L-1
Research&Development Services P P
Sex Oriented Businesses L-11 L-11 (3378-2/98)
(regulated by HBMC Chapter 5.70) (3378-2/98)
Sex Oriented Businesses PC PC (R) (3378-2/98)
(regulated by HBMC Chapters 5.24 & 5.60) (3378-2/98)
Swap Meets, Indoor/Flea Markets PC PC (Q)
Vehicle/Equipment Sales & Services
Service Stations L-4 L-4
Vehicle/Equipment Repair P P
Vehicle/Equip. Sales/Rentals L-5 L-5
Vehicle Storage P ZA (I)
Visitor Accommodations PC PC (K)
Warehouse and Sales Outlets L-8 L-8
Industrial (See Chapter 204) (B)(M)(N)
Industry, Custom P P
Industry, General P P
Industry, Limited P P
Industry, R & D P P
Wholesaling, Distribution & Storage P P
Accessory Uses
Accessory Uses and Structures P/U P/U (C)
Temporary Uses
Commercial Filming, Limited P P (T)
Real Estate Sales TU TU
Trade Fairs TU TU (E)
Nonconforming Uses (F)
ord/0lzone amend/chp212/12/13l01 3
Ord.No.3523
IG AND IL Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Planning Commission for
a mixed use project, subject to the following requirements:
Minimum site area: 3 acres
Maximum commercial space: 35 percent of the gross floor area and 50 percent of the
ground floor area of buildings fronting on an arterial highway.
Phased development: 25 percent of the initial phase must be designed for industrial
occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent
of the total amount of industrial space or 50,000 square feet of industrial space,whichever
is greater.
L-2 Allowed upon approval of a conditional use permit by the Planning Commission when
designed and oriented for principal use by employees of the surrounding industrial
development or when designed for general public use, after considering vehicular access
and parking requirements.
L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a
free-standing structure or as a secondary use in a building provided that no more than 20
percent of the floor area is occupied by such a use.
L-4 Only stations offering services primarily oriented to businesses located in an I District are
allowed with a conditional use permit by the Planning Commission.
L-5 No new or used automobile,truck or motorcycle retail sales are permitted.
L-6 Only schools offering higher education curriculums are allowed with conditional use
permit approval by the Planning Commission. No day care, elementary or secondary
schools are permitted.
L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary
use are allowed upon approval of a conditional use permit by the Planning Commission.
L-8 Allowed upon conditional use permit approval by the Planning Commission when a.single
building with a minimum area of 100,000 square feet is proposed on a site fronting an
arterial. The primary tenant shall occupy a minimum 95%-of the floor area and the
remaining 5%may be occupied by secondary tenants.
L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit
approval by the Zoning Administrator if the space is over 2,500 square feet.
ord/OIzone amendlchp2 1 2/1 211 3/O1 4
Ord.No.3523
IG AND IL Districts: Additional Provisions(continued)
L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of
time not to exceed five (5) years..
L-11 Allowed subject to the following requirements:
A. A proposed sex oriented business shall be at least five hundred feet (500') from
any residential use, school,park and recreational facility, or any building used for
religious assembly(collectively referred to as a"sensitive use") and at least seven
hundred fifty feet(750') from another sex oriented business. For purposes of these
requirements, all distances shall be measured from the lot line of the proposed sex
oriented business to the lot line of the sensitive use or the other sex oriented
business. The term "residential use" means any property zoned RL, RM, RMH,
RH, RMP, and any properties with equivalent designations under any specific
plan.
To determine such distances the applicant shall submit for review a straight line
drawing depicting the distances from the lot line of the parcel of land on which the
sex oriented business is proposed which includes all the proposed parking and-
1. the lot line of any other sex oriented business within seven hundred fifty
feet (750') of the lot line of the proposed sex oriented business;
2. the lot line of any building used for religious assembly, school, or park and
recreational facility within five hundred (500') feet of the lot line of the
proposed sex oriented business; and
3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and
any parcels of land with equivalent designations under any specific plans
within five hundred feet (500') of the lot line of the proposed sex oriented
business.
B. The front facade of the building, including the entrance and signage, shall not be
visible from any major, primary or secondary arterial street as designated by the
Circulation Element of the General Plan adopted May, 1996, with the exception of
Argosy Drive.
C. Prior to or concurrently with applying for a building permit and/or a certificate of
occupancy for the building, the applicant shall submit application for Planning
Department Staff Review of a sex oriented business zoning permit with the
drawing described in subsection A, a technical site plan, floor plans and building
elevations, and application fee. Within ten (10) days of submittal,.the Director
shall determine if the application is complete. If the application is deemed
incomplete, the applicant may resubmit a completed application within ten (10)
ord/OIzone amend/chp212/12/13/01 5
Ord.No.3523
IG AND IL Districts: Additional Provisions(continued)
days. Within thirty days of receipt of a completed application, the Director shall
determine if the application complies with the applicable development and
performance standards of the Huntington Beach Zoning and Subdivision
Ordinance. Said standards include but are not limited to the following:
1. Chapter 203,Definitions; Chapter 212, Industrial Districts; Chapter 230,
Site Standards; Chapter 231, Off-Street Parking &Loading Provisions;
Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming
Uses and Structures.
2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the
Huntington Beach Zoning and Subdivision Ordinance Code except
a. that such signs shall contain no suggestive or graphic language,
photographs, silhouettes, drawings, statues, monuments, sign
shapes or sign projections;or other graphic representations, whether
clothed or unclothed, including without limitation representations
that depict "specified anatomical areas" or "specified sexual
activities"; and
b. only the smallest of the signs permitted under Chapter 233.08(b)
shall be visible from any major,primary or secondary arterial street,
such streets shall be those designated in the Circulation Element of
the General Plan adopted May, 1996, with the exception of Argosy
Drive.
3. Compliance with Huntington Beach Municipal Code Chapter 5.70.
D. The Director shall grant or deny the application for a sex oriented business zoning
permit for a sex oriented business. There shall be no administrative appeal from
the granting or denial of a permit application thereby permitting the applicant to
obtain prompt judicial review.
E. Ten(10) working days prior to submittal of an application for a sex oriented
business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give
mailed notice of the application to property owners within one thousand (1000')
feet of the proposed location of the sex oriented business; and the City of
Huntington Beach, Department of Community Development by first class mail.
The notice of application shall include the following:
1. Name of applicant;
2. Location of proposed sex oriented business, including street address (if
known) and/or lot and tract number;
ord/OIzone amend/chp212/12113101 6
Ord.No.3523
IG AND IL Districts: Additional Provisions(continued)
3. 'Nature of the sex oriented business, including maximum height and square
footage of the proposed development;
4. The City Hall telephone number for the Department of Community
Development to call for viewing plans;
5. The date by which any comments must be received in writing by the
Department of Community Development. This date shall be ten(10) working
days from staff review submittal; and
b. The address of the Department of Community Development.
F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor
a special sign permit pursuant to Chapter 233
G. A sex oriented business zoning permit shall become null and void one year after its
date of approval unless-
1. Construction has commenced or a Certificate of Occupancy has been
issued, whichever comes first; or
2. The use is established.
H. The validity of a sex oriented business zoning permit shall not be affected by
changes in ownership or proprietorship provided that the new owner or proprietor
promptly notifies the Director of the transfer.
1. A sex oriented business zoning permit shall lapse if the exercise of rights granted
by it is discontinued for 12 consecutive months.
(A) Limited to facilities on sites of 2 acres or less.
(B) A conditional use permit from the Zoning Administrator is required for any new use or
enlargement of an existing use, or exterior alterations and additions for an existing use
located within 150 feet of an R district. The Director may waive this requirement if there
is no substantial change in the character of the use which would affect adjacent residential
property in an R District.
(C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the
floor area of the primary industrial use.
(Rest of page not used)
ord/O I zone amendlchp212112113/01 7
Ord.No.3523
IG.AND IL Districts: Additional Provisions(continued)
(D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the
primary industrial use, is allowed with a conditional use permit from the Zoning
Administrator,provided that it is intended primarily to serve employees of the industrial
use, no exterior signs advertise the adjunct use, the adjunct use is physically separated
from the primary industrial use, any retail sales are limited to goods manufactured on-site,
and the primary industrial fronts on an arterial.
(E) See Section 241.22: Temporary Use Permits.
(F) See Chapter 236. Nonconforming Uses and Structures.
(H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices,
except for on-site leasing offices, are not permitted in any I District.
Administrative,management, regional or headquarters offices for any permitted industrial
use, which are not intended to serve the public, require a conditional use permit from the
Zoning Administrator to occupy more than 10 percent of the total amount of space on the
site of the industrial use.
(1) Automobile dismantling, storage and/or impound yards may be permitted subject to the
approval of a conditional use permit by the Planning Commission and the following
criteria:
(a) The site shall not be located within 660 feet of an R district.
(b) All special metal cutting and compacting equipment shall be completely screened
from view.
(c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall
not less than 6 feet in height and set back a minimum 10 feet from abutting streets
with the entire setback area permanently landscaped and maintained.
(d) Items stacked in the storage yard shall not exceed the height of the screening walls —
or be visible from adjacent public streets.
(J) Limited to facilities serving workers employed on-site.
(K) See Section 230.46: Single Room Occupancy.
(L) Limited to Emergency Shelters.
ord/Olzone amend/chp212112113101 8
Ord.No.3523
YG AND IL Districts: Additional Provisions(continued)
(M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or
additions equal to or greater than 50% of the existing building's floor area; or additions to
buildings on sites located within 300 feet of a residential zone or use for a permitted use
requires approval of a conditional use permit from the Zoning Administrator. The Planning
Director may refer any proposed addition to the Zoning Administrator if the proposed addition
has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic).
(N) Major outdoor operations require conditional use permit approval by the Planning
Commission. Major outside operations include storage yards and uses utilizing more than 1/3
of the site for outdoor operation.
(0) See Section 230.40: Helicopter Takeoff and Landing Areas.
(P) See Section 230.44: Recycling Operations.
(Q) See Section 230.50: Indoor Swap Meets/Flea Markets
(R) See L-I 1(A)relating to locational restrictions.
(S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be
permitted without a conditional use permit.
(T) Subject to approval by the Police Department, Public Works Department, and Fire Department
and the Planning Director.
(U) Limited notification requirements when no entitlement required.
1. Ten (10) working days prior to submittal for a building permit or certificate of
occupancy, applicant shall notice adjacent property owners and tenants by first class
mail. _
2. Notice of application shall include the following:
a. Name of applicant.
b. Location of planned development or use, including address.
C. Nature of the proposed development shall be fully disclosed in the notice.
d. Planning Department phone number and address of City Hall shall be provided
in the notice to call for viewing plans.
e. The date by which any comments must be received in writing by the Planning
Department and City appeal procedures.
f Planning Department shall receive entire list including name and address of
those receiving the mailing.
ord101zone amendlchp212/12/13/01 9
Ord.No.3523
SECTION 2: This ordinance shall take effect thirty days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7th day of January , 2002 .
ATTEST:
City Clerk pj_ ja-o2 Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Adrni � ator Pir'City Attorney
INI=APPROVED:
Dire or of fanning
ord101zone amendlchp212/12/13/01 10
i
Ord. No: 3523
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the City
of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members 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 17th day of December,2001, and was again read to said
City Council at a regular meeting thereof held on the 7th day of January, 2002, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Dettloff,Bauer,Cook, Green,Boardman
NOES: None
ABSENT: Houchen
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
2002 r��I�lKic/
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway. Cit Clerk of the City Council of the City
e uty City Clerk of Huntington Beach, California