HomeMy WebLinkAboutOrdinance #3672 ORDINANCE NO. 3672
AN ORDINANCE OF THE CITY OF HUNTINGTON BEAC
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
INDUSTRIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordd'ain as follows:
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SECTION 1. Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance is hereby
amended to read as follows:
Chapter 2�' Industrial Districts
Sections:
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212.02 Industrial Districts Established
212.04 IG and IL Districts: Lan0se Controls
212.06 IG and IL Districts: Development Standards �, �
212.08 Review of Plans
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212.02 Industrial Districts Established
Two (2) industrial zoning districts are Zstablished by this chapter as follows:
A. The IG General lnd . trial District r vi p o des sites for the full range of manufacturing,
industrial proces/g'
resource and energy production, general service, and
distribution.
B. The IL Limite Industrial District provides sites for moderate-to low-intensity
industrial uses, commercial services and light manufacturing.
212.04 IG and IL/Districts: Land Use Controls
In the following schedules, letter designations are used as follows:
"P" designate's use classifications permitted in the I districts.
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"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'1/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.
"PITY' 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 3672
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.
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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 0 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 a L-7 L-7 (P)
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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
Building Materials and Services P P
Catering Services - P
Commercial Filming ZA ZA
Commercial Recreationoand
Entertainment L-2 L-2 _. a
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 �x° P P
Offices, Business & Professional L-1 L-1 (H)
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Ord 3672
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Co mission
CONTROLS ZA - Conditional use permit approved by Zoning Ad inistrator
TU - Temporary Use Permit
P/U - Requires conditional use permit on site of co ditional use
Not Permitted
Additional
IG IL Provisions
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Personal Enrichment L-9� L-9 (U)
Personal Services L/I 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 & 5.60)
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)
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, DistribXiontorage P P
Accessory Uses
Accessory Uses and P/U P/U (C)
Temporary Uses
Commercial Filming P P (T)
Real Estate Sales P P
Trade Fairs P P (E)
Nonconforming/Uses (F)
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Ord 3672
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/ e 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 filet 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-standingstructure'or as a secondary use in a building provided that
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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 �s 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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Ord 3672
IG AND IL Districts: Additional Provisions(continued)
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L-10 Allowed by conditional use permit approval by the Zoning Administrator for a period of time
not to exceed five (5) years. I
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 designationsJunder 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 w
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ich includes all the proposed parking and:
1. the lot line of any other sexAbriented business within seven hundred fifty feet
(750) of the lot line of the°proposed sex oriented business; and
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 fe4t (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 ma or, 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) 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
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Ord 3672
IG AND IL Districts: Additional Provisions(continued)
Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are
not limited to the following:
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1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site
Standards; Chapter 231, Off-Street Parking & Loadng Provisions; Chapter
232, Landscape Improvements; and Chapter 236,Nonconforming Uses and
Structures.
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2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the
Huntington Beach Zoning and Subdivision.Ordinance Code except
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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 oyd/eny 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 reviey�'
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 Commun p Development by first class mail.
The noticeiof application shall include the following:
1. Name of applicant;
2. /Location of proposed sex oriented business, including street address (if
know and/or lot and tract number; C �
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Ord 3672
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
6. 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:
l. Construction has commenced or a Certificate of Occupancy has been issued,
whichever comes first; or
2. The use is established. a
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.
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I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it
is discontinued for 12 con e utive months.
L-12 For wireless communication facifties see section 230.96 Wireless Communication Facilities.
All other communication facilities permitted. (3568-9/02)
(A) Limited to facilities on sites,'f 2 acres or less.
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(B) A conditional use permit fo m 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 feetof 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.
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Ord 3672
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 sales4re 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 I O percent of the total amount of space on the site
of the industrial use.
(I) 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 a'id compacting equipment shall be completely screened
from view.
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(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.
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(d) Items stacked tithe 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. ` ' �J
(K) See Section 239�46: Single Room Occupancy.
(L) Limited to E ergency Shelters.
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(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 3672
IG AND IL Districts: Additional Provisions(continued)
(N) Major outdoor operations require conditional use permit approval by t Zoning
Administrator. 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 I(A) relating to locational restrictions. r
(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.
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(U) Neighborhood notification requirements When no entitlement required pursuant to Chapter
241.
212.06 IG AND IL Districts: Development Standards
The following schedule prescribes development standards for the I Districts. The first two columns
prescribe basic requirements for permitted and 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/calculated on the basis of net site area. Fractional numbers shall
be rounded down to the nearest Whole number. All required setbacks shall be measured from
ultimate right-of-way and in accordance with definitions set forth in Chapter 203, Definitions.
Rest of Page Not Used
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Ord 3672
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) 0.715 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)
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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
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(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 n
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Ord 3672
IG AND I1L Districts: Additional Development Standards (continued)
(C) See Section 230.68: Building Projections into Yards and Required Open Space. Double-
frontage lots shall provide front yards on each frontage.
(D) The minimum front setback shall 10 feet and the average setback 20 feet, 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 exceeding 25 feet in height (1
foot for each foot of height) and for buildings exceeding 150 feet in length(1 foot for each 10
feet of building length) up to a maximum setback of 30 feet.
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(E) In all I districts, a 15-foot setback is required abutting an R 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 districts, but not abutting an R district,
provided that a solid wall at the property line is constructed of maintenance-free masonry
material and the opposite side yard is a minimum of'�..0 feet.
Exception. The Zoning Administrator may approvef a conditional use permit to allow a 15-
foot interior side yards opposite a zero-side yard on one lot, if an abutting side yard at least 15
feet wide is provided and access easements are recorded ensuring a minimum 30-foot
separation between buildings. This 30-foot accessway must be maintained free of
obstructions and open to the sky, and no opening for truck loading or unloading shall be
permitted in the building face fronting on the;-accessway unless a 45-foot long striped areas is
provided solely for loading and unloading entirely within the building.
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(G) See Section 230.70: Measurement of Height. Within 45 feet of an R district, no building or
structure shall exceed a height of 18 feet,,/
(H) Planting Areas. Required front and street-side yards adjacent to a public right-of-way shall
be planting areas except for necessary/drives and walks. A 6-foot wide planting area shall be
provided adjacent to an R district and/contain one tree for each 25 lineal feet of planting area.
(1) See Chapter 232: Landscape Improvements.
(J) Truck or rail loading, dock facilities, and the doors for such facilities shall not"be visible from
or be located within 45 feet of an/R district.
(K) See Section 230.80: Antennae. ` �S
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(L) Noise. No new use shall be permitted, or exterior alterations and/or additions to an existing
use allowed, within 150 feet of an R district until a report prepared by a California state-
licensed acoustical engineer is approved by the Director. This report shall include
recommended noise mitigation measures for the industrial use to ensure that noise levels will
conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement
for change of use or addition or exterior alteration to an existing use if it can be established
that there had been no previous noise offense, that no outside activities will take place, or if
adequate noise 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.
ord/04zoning/chapt 212/8/23/04 11
Ord 3672
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 follow'
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A. Zoning Administrator Review. Projects requiring a conditional use permit from the
Zoning Administrator; projects including a zero-side yard exception; projects on
substandard lots.
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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.
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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: / PPROVED AS TO FORM:
City Clerk City A orney
REVIEWED AND APPROVED: INITIA D AND APPROVED:
City Xdministrator V Director of Planning
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