HomeMy WebLinkAboutOrdinance #3860 ORDINANCE NO. 3860
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE TITLED I 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.
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
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Ordinance No. 3860
Additional
IG IL Provisions
Residential
Group Residential PC PC (J)
Public and Semipublic (A)(M)
Community and Human Service
Facilities P P (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)
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
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Ordinance No.3860
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 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)
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)
IG AND III 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.
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Ordinance No. 3860
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
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:
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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 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.
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Ordinance No. 3860
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;
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:
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.
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Ordinance No.3860
(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.
(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) Limited to: Single Room Occupancy uses (See Section 230.46).
(L) Limited to Emergency Shelters (See Section 230.52 Emergency Shelters).
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Ordinance No.3860
(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.
(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.
SECTION 2. All other provisions of Chapter 212 not modified herein shall remain
in full force and effect.
SECTION 3. 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 January , 2QU 20.10.
Yo
ATTEST: APPROVED AS TO FORM:
City Clerk. �_CCity Attorney VMI 1Uj10
REVIEW D APPROVED: INITIA ED AND APPROVED:
r
Cit A inistrator Director of Flanning
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Ord. No. 3860
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 December 21,2009, and was again read to said City Council at a
regular meeting thereof held on January 19,2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AWES: Carchio, , Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: Coerper
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 January 28,2010..
In accordance with the City Charter of said City
A Joan L. Flynn,Qfty Cle Cwty Clerk and ex-offici Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California