HomeMy WebLinkAboutOrdinance #3843 ORDINANCE NO. 3843
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE RELATING
TO INDUSTRIAL DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. 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.
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Ordinance No.3843
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 M
Public and Semipublic (A)(M)
Community and Human Service
Facilities PC PC (L)
Day Care, General ZA ZA
Heliports PC PC (0)
Maintenance & Service Facilities ZA ZA
Public Safety Facilities P P
Religious Assembly ZA ZA
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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Ordinance No. 3843
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
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 Chapter 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)
Visitor Accommodations ZA ZA
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 P P
Trade Fairs P P (E)
Nonconforming Uses (F)
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Ordinance No. 3843
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 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 Zoning Administrator.
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 5,000 square feet or less; allowed by Neighborhood
Notification pursuant to Chapter 241 if the space is over 5,000 square feet.
L-10 RESERVED
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Ordinance No. 3843
IG AND IL Districts: Additional Provisions(continued)
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; 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 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) days. Within thirty days of receipt of a completed
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Ordinance No. 3843
application,the Director shall determine if the application complies
with the applicable development and performance standards of the
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.
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Ordinance No. 3843
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;
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;
IG AND IL Districts: Additional Provisions(continued)
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:
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.
I. A sex oriented business zoning permit shall lapse if the exercise of
rights granted by it is discontinued for 12 consecutive months.
L-12 For wireless communication facilities see section 230.96 Wireless
Communication Facilities. All other communication facilities permitted.
(A) Repealed.
(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
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Ordinance No. 3843
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.
(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.
IG AND IL Districts: Additional Provisions(continued)
(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) Limited to: Single Room Occupancy uses (See Section 230.46).
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Ordinance No. 3843
(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).
(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-11(A) relating to locational restrictions.
IG AND IL Districts: Additional Provisions(continued)
(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) Neighborhood notification requirements when no entitlement required
pursuant to Chapter 241.
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Ordinance No. 3843
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 19th day of October , 2009.
a
Mayor
ATTEST: jtyAttorrley
VED AS TO FORM:
Cif/Clerk 9`� ��---k.(0.a el
REVIEW APPROVED: INITI ED AND APPROVED:
City mini trator Dire` or o Panning
g/Ohl/Amend ZSO Ch 212 10
Ord. No. 3843
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 October 5, 2009, and was again read to said City Council at a
regular meeting thereof held on October 19, 2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen
NOES: None
ABSENT: Hardy
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on October 29,2009.
In accordance with the City Charter of said City
Joan L. Flynn, Cily Clerk ty Clerk and ex-offici= lerk
Senior Deputy city Clerk of the City Council of the City
of Huntington Beach, California