HomeMy WebLinkAboutOrdinance #4039 ORDINANCE NO. 4039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE TITLED I INDUSTRIAL DISTRICTS
(ZONING TEXT AMENDMENT NO. 12-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach
Planning Commission and Huntington Beach City Council have held separate, duly noticed public
hearings to consider Zoning Text Amendment No. 12-001, which amends Chapter 212 of the Huntington
Beach Zoning and Subdivision Ordinance relating to development standards affecting Industrial Districts;
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 Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance
titled I Industrial Districts is hereby amended to read as set forth in Exhibit A.
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 immediately 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 317d day of November , 2014.
or
ATTEST: INITIATED AND APPROVED:
;we. � )
C' lerk " Director of Pl annMaIng
REV IE D APPROVED: ',,.,�PROVED AS TO FO :—,
City Ia a er ity Att ney 11A _ ,p
Exhibit A: Chapter 212
144361/112605
� EXHI-" IT A
N
,Chapter 212 I INDUSTRIAL DISTRICTS
212.02 Industrial Districts Established
Two industrial zoning districts are established by this chapter as follows:
A.The IG General Industrial District provides sites for the full range of manufacturing, industrial
processing, resource and energy production, general service, and distribution.
B.The IL,Limited Industrial District provides sites for moderate-to low-intensity industrial uses,
commercial services and light manufacturing. (3254-10/94)
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 pen-nit 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 pennitted 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 zoning code. Where
letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use
classifications under the heading.
IG and IL Districts: Land Use Controls
P=Permitted
L=Limited(see Additional Provisions)
PC=Conditional use permit approved by Planning Commission
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
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 1
Additional
IG IL Provisions
Residential
Group Residential PC PC (1)
Public and Semipublic (A)(L)
Community and Human Service Facilities P P (K)
Day Care, General ZA ZA
Heliports PC PC (I�
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 (0)
Commercial Uses (D)(L)
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 (R)(T)
Food&Beverage Sales ZA ZA
Hospitals and Medical Clinics - PC
Laboratories P P
Maintenance&Repair Services P P
Marine Sales and Services P P
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2
Nurseries P P
Offices,Business&Professional L-1 L-1 (G)
Personal Enrichment L-9 L-9 (T)
Personal Services L-1 L-1
Quasi-Residential PC PC (J)
Research &Development Services P P
Sex-Oriented Businesses(regulated by Ch. 5.70) L-11 L-11
Sex-Oriented Businesses(regulated by Ch. 5.60) PC PC (Q)
Swap Meets, Indoor/Flea Markets PC PC (P)
Vehicle/Equipment Sales &Services
Service Stations L-4 L-4
Vehicle/Equipment Repair P P
Vehicle/Equipment Sales/Rentals L-5 L-5
Vehicle Storage P ZA (Ii)
Visitor Accommodations ZA ZA
Warehouse and Sales Outlets L-8 L-8
Industrial(See Chapter 204) (B)(L)(M)
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 (S)
Real Estate Sales P P
Trade Fairs P P (E)
Nonconforming Uses (F)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3
IG and M 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:
A. Minimum site area: three acres.
B. Maximum commercial space: 35% of the gross floor area and 50%of the ground floor
area of buildings fronting on an arterial highway.
C. Phased development: 25%of the initial phase must be designed for industrial occupancy.
For projects over 500,000 square feet,the initial phase must include five 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 freestanding structure or as a secondary use in a building provided that no more than 20%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
pen-nit approval by the Planning Commission.No day care, elementary or secondary schools are
permitted.
L-7 Recycling operations as an accessory use are permitted if more than 150 feet from R
districts;recycling operations as an accessory use less than 150 feet from R districts or recycling
operations as a primary use are allowed upon approval of a conditional use permit by the Zoning
Administrator. See Section 230.44,Recycling Operations.
L-8 Allowed upon conditional use pen-nit 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 Pennitted 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 500 feet 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 750 feet 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 teen "residential use"means any property zoned RL,RM,RMII,RH,RMP, and
any properties with equivalent designations under any specific plan.
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4
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 750 feet 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 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 500 feet 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 pen-nit with the drawing described in subsection
A, a technical site plan, floor plans and building elevations, and application fee. Within 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 10 days.
Within 30 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 and Loading Provisions; Chapter 232,
Landscape linprovements; and Chapter 236,Nonconforming Uses and Structures.
2. Section 233.08(B),Signs. Signage shall conform to the standards of the
Huntington Beach Zoning and Subdivision Ordinance except
a. 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 Section 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.
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5
E. . Ten working days prior to submittal of an application for a sex-oriented business zoning
permit for staff review, the applicant shall: (1) cause notice of the application to be printed in a
newspaper of general circulation; and(2) give mailed notice of the application to property
owners within 1,000 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 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 Chapter233.
G. A sex-oriented business zoning permit shall become hull 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 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%of the
floor area of the primary industrial use.
(D) Adjunct office and commercial space,not to exceed 25% 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6
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.
(G) 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%of the total amount of space on the site of the industrial use.
(H) 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:
(1) The site shall not be located within 660 feet of an R district.
(2) All special metal cutting and compacting equipment shall be completely screened from
view.
(3) Storage yards shall be enclosed by a solid six-inch concrete block or masonry wall not
less than six feet in height and set back a minimum 10 feet from abutting streets with the entire
setback area permanently landscaped and maintained.
(4) Items stacked in the storage yard shall not exceed the height of the screening walls or be
visible from adjacent public streets.
(I)Limited to facilities serving workers employed on-site.
(J)Limited to single room occupancy uses. (See Section 230.46.)
(K) Limited to emergency shelters. (See Section 230.52,Emergency Shelters.)
(L) 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).
(M) Major outdoor operations require conditional use pennit approval by the Planning
Commission. Major outside operations include storage yards and uses utilizing more than one-third
of the site for outdoor operation.
(N) See Section 230.40,Helicopter Takeoff and Landing Areas.
(0) See Section 230.44,Recycling Operations.
(P) See Section 230.50, Indoor Swap Meets/Flea Markets.
(Q) See L-11(A)relating to locational restrictions.
(R) Non-amplified live entertainment greater than 300 feet from a residential zone or use
shall be permitted without a conditional use permit.
(S) Subject to approval by the Police Department,Public Works Department, and Fire
Department and the Planning Director.
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 7
(T) Neighborhood notification requirements when no entitlement required pursuant to
Chapter 241. (3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, 3708-6/05, 3724-02/06, 3788-12/07,
3843-11/09, 3860-2/10)
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 title. 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.
IG IL Additional
Requirements
Residential Development (M)
Nonresidential Development
Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B)
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 MI)
Fences and Walls See § 230.88
Off-Street Parking and Loading See Ch. 231 (J)
Outdoor Facilities See § 230.74
Screening of Mechanical Equipment See § 230.76 (K)
Refuse Storage Area See § 230.78
Underground Utilities See Ch. 17.64
Performance Standards See § 230.82 (L)
Nonconforming Uses and Structures See Ch. 236
Signs See Ch. 233
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 8
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.
(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 be 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(one foot
for each foot of height) and for buildings exceeding 150 feet in length(one 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 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 30 feet.
Exception. The Zoning Administrator or Planning Commission may approve a conditional use
pen-nit 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 area is provided solely for loading and
unloading entirely within the building.
(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 six-foot wide planting area shall be
provided adjacent to an R district and contain one tree for each 25 lineal feet of planting area. .
(I)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.
(L) Noise.No new use shall be pennitted, 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
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Paae 9
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. (3254-10/94)
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 substandard lots.
B.Design Review Board. 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. (3254-10/94, 3708-6/05, 3869-3/10)
Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10
Ord. No. 4039
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 20, 2014, and was again read to said City Council at a
regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
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 November 13,2014.
�.
In accordance with the City Charter of said City 0AW3AA09
Joan L. Flynn. City Clerk City Perk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California