HomeMy WebLinkAboutOrdinance #3640 Ord 3640
ORDINANCE NO. 3640
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON B ACH
ZONING AND SUBDIVISION ORDINXandSubdivision
ED
INDUSTRIAL DISTRIC
The City Council of the City of Huntington Beach does follows:
SECTION 1. Chapter 212 of the Huntington Beach Zo Ordinance is hereby
amended to read as follows:
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Sections:
212.02 Industrial Districts Establish d
212.04 IG and IL Districts: Land V e Controls
212.06 IG and IL Districts:/Devepment Standards
212.08 Review of Plans
212.02 Industrial Districts EstabTwo (2) industrial zoning districts are estiby this chapter as follows:
A. The IG General IndustrialADistrict provides sites for the full range of manufacturing,
industrial processing, re urce and energy production, general service, and
distribution.
B. The IL Limited Indus rial District provides sites for moderate-to low-intensity
industrial uses, com ercial services and light manufacturing.
212.04 IG and IL Distri , s: Land Use Controls
In the following schedules, lett r designations are used as follows:
"P" designates use cl ssifications permitted in the I districts.
"L" designates use lassifications subject to certain limitations prescribed by the "Additional
Provisions" whit follow.
"PC" designates use classifications permitted on approval of a conditional use permit by the
Planning Com ission.
"ZA" design es use classifications permitted on approval of a conditional use permit by the
Zoning Administrator.
"TU" desi nates use classifications allowed upon approval of a temporary use permit by the
Zoning dministrator.
"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.
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Ord 3640
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.
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
I 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 ZA ZA (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 L-12 L-12
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 L-1 (H)
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Ord 3640
IG AND IL P - Permitted
DISTRICTS: L - Limited(see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Cpmmission
CONTROLS ZA - Conditional use permit approved by Zoning ministrator
TU - Temporary Use Permit
;r P/U - Requires conditional use permit on site o conditional use
- Not Permitted
Additional
IL Provisions
Personal Enrichment L-9 L-9 (U)
Personal Services L-1 L-1
Quasi Residential PC PC (K)
Research & Development Services P P
Sex Oriented Businesses L-11 L-11
(regulated by HBMC Chapter 5.70)
Sex Oriented Businesses PC PC (R)
(regulated by HBMC Chapters 5.24 & 5.6
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 (1)
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 St ctures P/U P/U (C)
Temporary Uses
Commercial Filmin , Limited P P (T)
Real Estate Sales P P
Trade Fairs P P (E)
Nonconformin Uses (F)
l
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Ord 3640
IG AND IL Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator 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 Zoning Administrator 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 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 Zoning Administrator.
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 Zoning Administrator. 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 Zoning Administrator.
L-8 Allowed upon conditional use permit approval by the Zoning Administrator 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 5,000 square feet or less; allowed by Neighborhood Notification
pursuant to Chapter 241 if the space is over 5,000 square feet.
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IG AND III Districts: Additional Provisions(continued)
L-10 Allowed by conditional use permit approval by the Zoning Administrato or 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 undred feet(500') from any
residential use, school,park and recreational facility, r any building used for
religious assembly(collectively referred to as a "se itive use") and at least seven
hundred fifty feet(750') from another sex oriente usiness. For purposes of these
requirements, all distances shall be measured fro the lot line of the proposed sex
oriented business to the lot line of the sensitive se or the other sex oriented business.
The term "residential use" means any propert zoned RL, RM, RMH, RH, RMP, and
any properties with equivalent designations rider any specific plan.
To determine such distances the applican shall submit for review a straight line
drawing depicting the distances from th lot line of the parcel of land on which the
sex oriented business is proposed whic includes all the proposed parking and:
1. the lot line of any other sex iented business within seven hundred fifty feet
(750') of the lot line of the roposed sex oriented business; and
2. the lot line of any buildi g used for.religious assembly, school, or park and
recreational facility wit in five hundred (500') feet of the lot line of the
proposed sex oriented usiness; and
3. the lot line of any p cel of land zoned RL, RM, RMH, RH, and RMP and any
parcels of land wi 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 th building, including the entrance and signage, shall not be
visible from any maj r,primary or secondary arterial street as designated by the
Circulation Elemen of the General Plan adopted May, 1996, with the exception of
Argosy Drive.
C. Prior to or conc ently with applying for a building permit and/or a certificate of
occupancy for t e building, the applicant shall submit application for Planning
Department St ff Review of a sex oriented business zoning permit with the drawing
described in bsection A, a technical site plan, floor plans and building elevations,
and applicat' n fee. Within ten (10) days of submittal, the Director shall determine if
the applica on is complete. If the application is deemed incomplete,the applicant
may resub it a completed application within ten (10) days. Within thirty days of
receipt of a completed application, the Director shall determine if the application
complie with the applicable development and performance standards of the
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IG AND IL Districts: Additional Provisions(continued)
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;
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IG AND II.,Districts: Additional Provisions(continued) ,
3. Nature of the sex oriented business, including maximum height and s are
footage of the proposed development;
4. The City Hall telephone number for the Department of Com nity
Development to call for viewing plans;
5. The date by which any comments must be received in iting by the
Department of Community Development. This date hall be ten (10) working
days from staff review submittal; and
6. The address of the Department of Community evelopment.
F. A sex oriented business may not apply for a vari ce pursuant to Chapter 241 nor a
special sign permit pursuant to Chapter 233.
G. A sex oriented business zoning permit shall ecome null and void one year after its
date of approval unless:
1. Construction has commenced o a Certificate of Occupancy has been issued,
whichever comes first; or
2. The use is established.
H. The validity of a sex oriented b iness zoning permit shall not be affected by changes
in ownership or proprietorship rovided that the new owner or proprietor promptly
notifies the Director of the tr nsfer.
I. A sex oriented business z ing permit shall lapse if the exercise of rights granted by it
is discontinued for 12 co secutive months.
L-12 For wireless communication f cilities see section 230.96 Wireless Communication Facilities.
All other communication fa ities permitted. (3568-9/02)
(A) Limited to facilities on sit s of 2 acres or less.
(B) A conditional use perm' from the Zoning Administrator is required for any new use or
enlargement of an exis ng use, or exterior alterations and additions for an existing use
located within 150 fe of an R district. The Director may waive this requirement if there is
no substantial chang in the character of the use which would affect adjacent residential
property in an R Di trict.
(C) Accessory office ses incidental to a primary industrial use are limited to 10 percent of the
floor area of the rimary industrial use.
(Rest of page not used)
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Ord 3640
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 permitted and if more than 25 percent 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 Zoning Administrator 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.
(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). (3254-10/94, 3523-2/02)
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Ord 3640
IG AND IL Districts: Additional Provisions(continued)
(N) Major outdoor operations require conditional use permit approval by e Zoning
Administrator. Major outside operations include storage yards and ses 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-11(A) relating to locational restrictions.
(S) Non-amplified live entertainment greater than 3 feet from a residential zone or use shall be
permitted without a conditional use permit.
(T) Subject to approval by the Police Departme , Public Works Department, and Fire
Department and the Planning Director.
(U) Neighborhood notification requirement when no entitlement required pursuant to Chapter
241.
212.06 IG AND IL Districts: Development Standards
The following schedule prescribes develo, ment standards for the I Districts. The first two columns
prescribe basic requirements for permittWand conditional uses in each district. Letters in
parentheses in the "Additional Requirements" column reference requirements following the schedule
or located elsewhere in this ordinance/In calculating the maximum gross floor area as defined in
Chapter 203,the floor area ratio is c4kulated on the basis of net site area. Fractional numbers shall
be rounded down to the nearest wh9le number. All required setbacks shall be measured from
ultimate right-of-way and in accor ance with definitions set forth in Chapter 203, Definitions.
Rest of Page Not Used
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Additional
IG IL requirements
Residential Development (M)
Nonresidential Development
Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B) (N)
Minimum Lot Width (ft.) 100 100 (A)(B)
Minimum Setbacks (A)(C)
Front (ft.) 10;20 10;20 (D)
Side (ft.) 0 15 (E)(F)
Street Side (ft.) 10 10
Rear(ft.) 0 0 (E)
Maximum Height of Structures (ft.) 40 40 (G)
Maximum Floor Area Ratio (FAR) 0.75 0.75
Minimum Site Landscaping (%) 8 8 (H)(I)
Fences and Walls See Section 230.88
Off-Street Parking and Loading See Chapter 231 (J)
Outdoor Facilities See Section 230.74
IG AND IL Districts: Development Standards(continued)
Additional
IG IL requirements
Screening of Mechanical Equipment See Section 230.76 (K)
Refuse Storage Area See Section 230.78
Underground Utilities See Chapter 17.64
Performance Standards See Section 230.82 (L)
Nonconforming Uses and Structures See Chapter 236
Signs See Chapter 233
IG AND IL Districts: Additional Development Standards
(A) See Section 230.62: Building Site Required and Section 230.64: Development on
Substandard Lots.
(B) Smaller lot dimensions for new parcels may be permitted by the Zoning Administrator with
an approved development plan and tentative subdivision map.
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IG AND IL Districts: Additional Development Standards (continued)
(C) See Section 230.68: Building Projections into Yards and Required Open S ce. Double-
frontage lots shall provide front yards on each frontage.
(D) The minimum front setback shall 10 feet and the average setback 20 et, except for parcels
fronting on local streets where only a 10 foot setback is required.
All I Districts: An additional setback is required for buildings e ceeding 25 feet in height (1
foot for each foot of height) and for buildings exceeding 150 f et in length(1 foot for each 10
feet of building length) up to a maximum setback of 30 feet.
(E) In all I districts, a 15-foot setback is required abutting an district and no openings in
buildings within 45 feet of an R district.
(F) A zero-side yard setback may be permitted in the I d' tricts, but not abutting an R district,
provided that a solid wall at the property line is co tructed of maintenance-free masonry
material and the opposite side yard is a minimum f 30 feet.
Exception. The Zoning Administrator may app ove a conditional use permit to allow a 15-
foot interior side yards opposite a zero-side y d on one lot, if an abutting side yard at least 15
feet wide is provided and access easements e recorded ensuring a minimum 30-foot
separation between buildings. This 30-foo accessway must be maintained free of
obstructions and open to the sky, and no ening for truck loading or unloading shall be
permitted in the building face fronting o the accessway unless a 45-foot long striped areas is
provided solely for loading and unloa 'ng entirely within the building.
(G) See Section 230.70: Measurement o Height. Within 45 feet of an R district,no building or
structure shall exceed a height of 1 feet.
(H) PlantingA Required front nd street-side yards adjacent to a public right-of-way shall
be planting areas except for ne essary drives and walks. A 6-foot wide planting area shall be
provided adjacent to an R dis ict and contain one tree for each 25 lineal feet of planting area.
(1) See Chapter 232: Landscap Improvements.
(J) Truck or rail loading, do facilities, and the doors for such facilities shall not be visible from
or be located within 45 eet of an R district.
(K) See Section 230.80: ntennae.
(L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing
use allowed, withi 150 feet of an R district until a report prepared by a California state-
licensed acoustic 1 engineer is approved by the Director. This report shall include
recommended ise mitigation measures for the industrial use to ensure that noise levels will
conform with hapter 8.40 of the Municipal Code. The Director may waive this requirement
for change of se or addition or exterior alteration to an existing use if it can be established
that there h been no previous noise offense, that no outside activities will take place, or if
adequate n ise mitigation measures for the development are provided.
(M) Group residential or accessory residential uses shall be subject to standards for minimum
setbacks and height of the RH District.
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Ord 3640
212.08 Review of Plans
All applications for new construction and exterior alterations and additions shall be submitted to the
Planning Department for review. Discretionary review shall be required as follows:
A. Zoning Administrator Review. Projects requiring a conditional use permit from the
Zoning Administrator; projects including a zero-side yard exception;projects on
f substandard lots.
B. Design Review Board. Projects within redevelopment project areas and areas within
500 feet of a PS district; see Chapter 244.
C. Planning Commission. Projects requiring a conditional use permit from the
Commission.
D. Projects in the Coastal Zone. A Coastal Development Permit is required unless the
project is exempt; see Chapter 245.
SECTION 2. This ordinance shall become effective 30 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 day of , 2004.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
41r_ City , ttorney L4lc�WLI
REVIEWED AND APPROVED: INITIA D AND APPROVED:
City dministrator V Director of Planning
IkO ! t «
n N.
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