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HomeMy WebLinkAboutPermit Retail Commercial and Office-Professional Uses in Con 110 �o 5� IN THE Superior Court NY CITY, co"CME OFTHF STATE OF CAI IFORNIA In and for the County of Orange CITY CLERI<: CITY OF HUNTINGTON BEACH9 CITY CLERK PROOF OF PUBLICATION Public Hearing 79-5 State of California -- NOTICE OFPUBLIC HEARQVCr County of Orange )ss CODE AMENDMENT NO 79-5 Rita J Richter public chheariing w ll i�el`d by�c% Council of the City of Huntington Be N in the Council Chamber of the Cmc Can That I am and at all tames herein mentioned was a citizen of ter Huntington on h, a the hour of 7 30 P M or ee soon thereafter as poaei the United States over the age of twenty one years and that I his on Monday the 5th day of Novem am not a party to nor interested in the above entitled matter bar 1979 for the purpose of considering Code Amendment No.79-,%a that I am the principal clerk of the printer of the tad Article 2neuses in boththa Re stncted Manufactunog District and the Huntington Beach Independent Review Light Industrial Duftrict. Said amend ment will expand those retail uses that a newspaper of general circulation published in the City of are ppresen (2)dutncfatly permitted inthm these two Huntington Beach attend Ali mtereated persona are invited to end said hearing and express their opinions for or against said Code Amend County of Orange and which newspaper is published for the (ment ined disemmation of local news and intelligence of a general charac Further information may Cl rk 20DO g g �from the Office o[the City Clerk 2000 ter and which newspaper at all times herein mentioned had Main Street, Huntington Beach CA and still has a bona fide subscription list of paying subscribers 92648(714)SW6226 979 and which newspaper has been established printed and pub t DCITYOF HUNTber INGTON BEACH lashed at regular intervals in the said County of Orange for a Bf ALICL4 M WENTWORTH period exceeding one year that the notice of which the City Clerk k Pub Oct 26 1979 ^ annexed is a printed copy has been published in the regular I Hunt,Beach Ind Rev #tW and entire issue of said newspaper and not in any supplement thereof on the following dates to wit October 259 1979 I certify(or declare) under penalty of perjury that the forego ing is true and correct Dated at Ga M en Grove Cal orni is 2VfC r Signature Form No CAF-6579 REQUEST FOR CITY COUNCIL ACTION Submitted by James W Palin Department Development Services/Planning Date Prepared October 26, 19 79 Backup Material Attached © Yes ❑ No Subject Code Amendment No. 79-5 An Amendment of the Huntington Beach Ordinance Code to allow retail, service and office uses within both the M1 and Ml-A Industrial Zones City Administrator s Comments Approve as recommended e�2a Statement of Issue Recommendation Analysis Funding Source Alternative Actions STATEMENT OF ISSUE Transmitted for your consideration is Code Amendment No 79-5, an amendment to the existing M1 and Ml-A industrial districts that will allow the establishment of limited retail commercial service and office-professional uses in conjunction with in- dustrial development RECOMMENDATION The Planning Commission and Planning Staff recommends that the City Council approve Code Amendment No 79-5 and adopt attached ordinance ANALYSIS Applicant Initiated by the Planning Commission Location Ml -and Ml-A Industrial Zones Request To permit retail commercial and office- professional uses in conjunction with industrial uses PLANNING COMMISSION ACTION OF OCTOBER 2 1979 ON MOTION BY BAZIL AND SECOND BY RUSSELL CODE AMENDMENT NO 79-5 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL AS AMENDED BY THE FOLLOWING VOTE AYES Higgins, Russell Cohen Bazil NOES None ABSENT Stern ABSTAIN Paone r✓ Pio ana n Page Two DISCUSSION Code Amendment No 79-5 will amend Article 951 Ml-A Restricted Manufacturing, and Article 953, Ml Light Industrial The amendment to these articles will allow a limited amount of retail commercial, service and office professional commercial uses within developments located in said districts This revised Ordinance has been structured to limit the total amount of commercial and/or office professional uses to thirty-five (35) percent of the original gross floor area of each mixed use industrial development This amendment requires that the minimum development site for a mixed use project be not less than three acres in size and have frontage on an arterial highway This concept of allowing a limited amount of commercial and professional uses in an industrial development has been successful in a number of other cities in both Orange and Los Angeles Counties The intent of this ordinance is to encourage the development of industrial complexes that will accommodate commercial and professional uses that are interrelated and compatible with industrial uses and that do not require the high volume of commercial traffic It is both the Planning Commission' s and Planning Staff ' s opinion that this Ordinance, as structured will not distract from existing or future com- mercial developments but will enhance future industrial develop- ments This concept and the original draft ordinance have been discussed since early 1978 however it has just been recently that both the City Council and Planning Commission have expressed an interest in pursuing such an Ordinance Several Planning Com- missioners and Staff members toured a number of existing mixed developments located in the Orange County area The staff also concurred with a planning consultant who has had experience with a number of such developments This Ordinance reflects concerns and ideas of the Planning Commission, the Planning Staff and several industrial developers that have developed industrial/ commercial professional complexes Attached are both the code amendment draft that was reviewed by the Planning Commission and the ordinance form of this amendment The ordinance has been prepared in proper ordinance form with some word and terminology changes, however, the intent has remained the same ENVIRONMENTAL STATUS The Environmental Resource Board of the Department of Development Services has reviewed this Code Amendment pursuant to provisions of the California Environmental Quality Act of 1970 the staff has determined that there is no environmental assessment required for Code Amendment No 79-5 FUNDING SOURCE Not applicable Page Three ALTERNATIVE ACTION If the City Council wishes to amend this Code Amendment it would require that the Planning Commission rereview those amendments The City Council may also deny Code Amendment No 79-5 which would retain the existing Ml and M1-A industrial zoning district standards SUPPORTING INFORMATION 1 Ordinance 2 Draft Ordinance presented to the Planning Commission Respectfully submitted U James W Palin Secretary JWP SMB gc ORDINANCE NO AN ORDINANCE OF THE CTrY OF HUNTINGION BIRCH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY DELETING SECTIONS 9511 1 , 9511 2 , 9530 2 AND 9530 4 AND ADDING NLW SECTIONS 9511 1 9511 2 , 9530 2 and 9530 4 PERTAINING TO ALLOW- ANCE OF COMMERCIAL AND PROFESSIONI\L USES WITIIIN INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does ordain as follows SECTION 1 The Huntington Beach Ordinance Code is hereby amended by deleting Sections 9511 1 , 9511 2 , 9530 2 , and 9530 4 and aching new Sections 9511 1, 9511 2 , 9530 2, and 9530 4 thereto to reed as follows 9511 1 USES SUBJECT 10 USE PERMIZ The following uses ,ie permitted subject to the approval of a use permit (A) Adjunct Uses Permitted Commercial and professional nscs may be permitted when designed or intended to be used only by ' wploy( es of the inaustrial use Said uses may be permitted subject to tnt�_ following criteria (1) The adjunct use shall not exceed twenty-five ( 25) percent of the floor area of the primary industrial use (2) Only on-site manufactured goods shall be sold _ t ictail by an adjunct use ( 3) Phe primary industrial use shall have builaing 1 onL iqc on an arts real highway (4) The parking ratio for the adjunct use shall be ( ulated pursuant to con)mer(-ial and office use rates ( 5) Signs shall not be used to advertise an adjunct )p( t 3t 7 on ( 6) rho adjunct operation shall be physcially sep- i i , d from the ptimaty industrial use 1 9511 2 USES SUBJECT TO CONDITIONAL USE PERMIT The following users are permitted sub3ect to the approval of a conditional use permit (A) Mixed Uses Permitted In the alternative to the adjunct commercial and professional uses permitted by Section 9511 l (A) , commercial , service and office uses may be permitted within industrial developments sub3ect to the following (1) Purpose The purpose of this section is to allow a highly restricted specific list of commercial and office uses within Industrial service center type development which, because of the rid- ure of operation or space needs , should more appropriately be loc- ated within an industrial district It is intended that such mixed use development of light industrial , limited retail commercial, office and service type uses shall only be permitted where it can be demonstrated prior to approval that such development shall be constructed and maintained in compliance with duality development and performance standards designed to achieve compatible occupancies , parking management , traffic circulation, planned sign programs, aesthetically pleasing landscaping elements , and a property owners ' management plan (2) Conditional Use Permit - When Required Commercial , service , and office uses in con3unction with an industrial development snail only be allowed after review and approval of a conditional use permit The conditional use permit petition shall pertain to the entire development site for the total pro5ect being proposed, and shall be required to be approved prior to issuance of building permits tohethen Kon .enkttat constnuetkon on kntencon aPtenattions A o oposed 11Ct1ncr of commercial , service, and office uses to be opena-ted within the pro],- c.t cri�� 7 c t� P� {�e , cinfcbh 5pec ( A ccaff it amended, shall be required concurrently ith submittal of the oncgcnaf conditional use permit petition fore. the ) tc � 11� oject This listing of categories of uses shall be requited to be approved by resolution of the Planning Commission prior to the approval of the conditional use permit for a mixed use development and shall also specify those structures as shown on the site plan within which such uses shall be located The resolution number , after approval , shall be placed on the City' s Sectional District Maps to designate the area authorized for the development -2- (a) A condktkonat u6 e penm ct ion commetckaZ, 6 env cee, and o 44tiee u6 e,5 w cth.cn ex r-,st.cng tnduAtntiat deveZo pment6 o� three ( 3 ) on rnor.e acres may be granted ti� the u.5eh and the devetopment6 eompey urc th of e t c qu ctcement6 o 6 the and cnane e code (3) Development Standards The following development standards shall apply to the entire mixed use development in addition to the development standards of this Article, unless by Commission or Council resolution a specific adjustment is made with respect thexeto, setting forth findings that because of unusual circumstances applicable to the subject property, including the location, surround- ing land use, size on the effective date of this amendment, or other conditions beyond the control of the property owner, the adjustment is consistent with the General Plan and the intent of the Industrial Zoning District (a) Minimum Development Area The minimum development area for the total mixed use development project shall not be less than three ( 3) acres (b) Arterial Frontage A mixed use development project shall only be allowed where such project is constructed upon property abutting an arterial highway (c) Commercial Frontage Limitations Commercial uses within a mixed use development shall not occupy more than fifty (50) 1ricent of the OrLkgtnat ground floor area of all buildings having trontage upon an arterial bighwav (d) Floor Area Limitations The total floor area of all commercial, service and office uses shall not comprise more than thiity-tive ( 35) percent of the mkgknaZ gross floor area of all buildings within the entire development ((I) Signing A planned sign program as described in rrticle 976 shall be required Furthcr provided, Section 9760 43 (d) shall not be a mandatory consideration in approvinq a planned sign proqram -3- ( f) Parkinq Management Plan A parking management plan shall be submitted and approved as part of the conditional use Permit Said plan shall designate the number and location of all parking spaces to be utilized for the retail commercial , service or office uses on the site (4) Performance and Management Standards The following measures shall be promulgated by ,the pnoject management prior to occupancy of any building in a mixed use development (a) Conditions, Covenants , and Restrictions All uses within the pro)ect shall be subject to one comprehensive and permanent set of conditions, covenants and restrictions which shall declare limitations of the mixed use entitlement , including the uses permitted and any conditions of approval of the conditional use permit petition All development , performance and managemen'u standards hall also be declared in the conditions , covenants and restrictions Said conditions , covenants and restrictions shall be subject to review by the Department of Development Services for approval as to content The City Attorney shall re iew the conditions , covenant-s and restrictions for approval as to form Modifications to approved conditions , covenants and restrictions shall be prohibited unless the City of Huntington Beach, by prescriptive determination, approvE '� said conditions , covenants and restriction modification This shall only apply to the conditions , covenants and restrictions as they may pertain to Section 9511 2 (b) Phasing Phasing of a development is permitted provided that twenty-five (25) percent of the industrial uses be developed in the first phase (c) Management Prior to occupancv of anv buildina of a mixed use development, and tin an ongotnq capaccty tlienea6ten, a person or agency shall be designated to serve as a liaison to the City for the purpose of resolving land use enforcement problems , wh-teh ray-ar±se processing occupancy requests , and other endeavors in which the City and owners of the project may be mutually involved Said person or agency shall be declared responsible in the conditions , coven - ants and restrictions to carry out the above-noted functions -4- 9530 2 USES SUBJECT TO USE PERMIT The following uses are permitted subject to the approval of a use permit (A) Adjunct Uses Permitted Commercial and professional uses may be permitted when designed or intended to be used only by employees of the industrial use Said uses may be permitted sub- ject to the following criteria (1) The adjunct use shall not exceed twenty-five ( 25) percent of the floor area of the primary industrial use (2) Only on-site manufactured goods shall be sold at retail by an adjunct use (3) qhe primary industrial use shall have baildinq frontage on an arterial highway (4) The parking ratio for the adjunct use shall be calculated pursuant to commercial acid office use rates ( 5) Signs shall not be used to advertise an adjunct operation (6) The adjunct operation shall be physically sep- irated from the primary industrial use 9530 a USFS SUBJECT TO CONDITIONAL USE PERMIT The following uses are permitted subject to the approval of a conditional use permit (A) Mixed Uses Permitted In the alternative to the adjunct commercial and professional uses permitted by Section 9530 2 (A) , com- mercial and office uses may be permitted within industrial developments subject to the following (1) Purpose The purpose of this section is to allow a highly rE-stricted specific list of commercial and office uses within industrial service center type development which, because of the nature of operation or space needs , should more appropriately be located within in industrial district It is intended that such mixed use development of light industrial , limited retail commercial, office and service type uses shall only -5- be permitted wher, it can be demonstrated prior to approval that such do vc loUmc nt shall be constructed and maim-1 fined an comps iance with quality development and performance standards designed to achieve compatible occupancies, parking management, traffic circu- lation , planned sign programs , aesthetically pleasing landscaping elements , and a property owners ' management plan (2) Conditional USe Permit - When Required Commercial, service , and office uses in conjunction with an industrial develop- ment shall only be allowed after review and approval of a conditional use permit The conditional use permit petition shall pertain to the entire development site for the total protect being proposed, and shall be required to be approved prior to issuance of building permits whether bok knktkaZ eonhtnuet.ton of tntetcc n aetenatton6 A nnopoW listing of commercial , service, and office uses to be operated within the project ovetc tt6 ttje, unteh,5 6peck{kcaUy amended, shall be required concurrently with submittal of the of -gtinae conditional use permit petition {otc the en-tktt.e pro j eet This listing of categ- ories of uses shall be required to be approved by resolution of the Planning Commission prior to the approval of the conditional use IAW permit for a mixed use development and shall also specify those s _u( tures as shown on the site plan within which such uses shall be located The resolution number, after approval , shall be placed i the City' s Sectional District Maps to designate the area authoiiz( d for the development (a) A condkttonat u,5e penmkt /)on commercc.tat, 3e4u e < c , and o6�tiee uses wtthtn ex.�,sttnq tndu,5tkcak deve� opmeno o6 thnze ( 3 ) otc moue ac,ce6 may be gtanted t� the usu and the deveZcpments compL'y tvxth att nequcnement,5 o{ the otzdtnance code (3) Development Standards The following development standards shall apply to the entire mixed use development unless by Commission or Council resolution a specific adjustment is made with respect thereto, setting forth findings that because of unusual circumstances applicable to the subject property, including the location, surrounding land use, size on the effective date of this amendment , or other conditions beyond the control of the property owner, the adjustment is consistent with the General Plan and the intent of the Tndustrial 7oninu District _ -6- (a) Minimum Development Area The minimum development area for the total mixed use dcvelopment projcc.t shall not be less than three ( 3) acres (b) Arterial Frontage A mixed use development pro- ject shall only be allowed where such project is constructed upon property abutting an arterial highway (c) Commercial Frontage Limitations Commercial uses within a mixed use development shall not occupy more than fifty (50) percent of the ontigtinaZ ground floor area of all buildings having frQntage upon an arterial highway (d) Floor Arca Limitations The total floor area of all commercial , service and office uses shall not comprise more than thirty-five (35) percent of the of q_cnaZ gross floor area of all build- ings within the entire development (e) Signing A planned sign program as described in Article 976 shall be required Further provided, Section 9760 43 (d) shall not be a mandatory consideration in approving a planned sign program (f) Parking Management Plan A parking management plan shall be submitted and approved as part of the conditional use permit Said plan shall designatO the number and location of all parking spaces to bE utilized for the retail commercial , service or office uses on the site (4) Performance and Management Standards the following measures shall be promulgated by the piLolect onanage.ment prior to occupancy of any building in a mixed use development (a) Conditions , Covenants and Restrictions All uses within the project shall be subject to one comprehensive and permanent set of conditions , covenants and restrictions which shall declare limitations of the mixed use entiticment, including the uses permitted and any conditions of approval of the conditional use permit petitior All development , performance and management standards shall also be declared in the conditions , covenants and restrictions Said conditions, covenants and restrictions shall be subject to review by the Department of Development Services for approval as to -7- contcnt The City Attorney shall review the conditions , covenants �.., and restrictions for approval as to form Modifications to approved conditions , covenants and restrictions shall be prohibitea unless the City of Huntington Beach , by prescriptivc ch- tErmZnation , approve 5 rid conditions , covenants and restriction modtfic ztion This shall only apply to the conditions , covenants and Lestrictions as they miy pertain to Section 9530 4 (b) Phasing Phasing of a development is permitted provided that twenty-five (25) percent of the industrial uses be developed in the first phacc (c) Management Prior to occupancy of any building of a mixed use development, and tin an ongokng capac.(ty thenca{, tUL, a person or agency shall be designated to serve as a liaison to the City for the purpose of resolving land use enforcement problems , wn±eh fhav-ar±se processing occupancy requests, and other endeavors in which the City and owners of the project may be mutually involved Said per- _ son or agency shall be declared responsible in the conditions , covenants , and restrictions to carry out the above-noted functions SECTION 2 This ordinance shall take effect thirty days after its adoption The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach Independent, a news- paper of general circulation PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1979 Mayor ATTEST APPROVED AS TO FORM City Clerk City Attorney REVIEWED AND APPROVED IN TIATED AND APPROVED City Administrator Director of Dev lopment Services a Publish 10/25/79 Postcards NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 79-5 61� `- NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7 30 P M , or as soon thereafter as possible, on Monday, the 5th day of November , 1979 , for the purpose of considering Code Amendment No 79-5, a proposed change in Article 951 and Article 953 to allow limited retail uses in both the Restricted Manufacturing District and the Light Industrial District Said amendment will expand those retail uses that are presently permitted within these two (2) districts All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment Further information may be obtained from the Office of the City Clerk DATED October 22, 1979 CITY OF MWINGTON BEACH By Alicia M. Wentworth City Clerk i NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM TO CITY CLERK'S OFFICE DATE2�— FROM PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF "il , 197 AP's are attached AP's will follow No AP's Initiated by Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to rk 1/ 1 Planning Department - Extension �k for additional information * If appeal, please transmit exact wording to be required in the legal Pul)li snecl in F3 News August 23, 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 79-5 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Planning Commission of the City of Huntington Beach California, for the purpose of considering Code Amendment No 19-5 is a proposed change in Article 951 and 953 to allow limited retail uses in both the Restricted Manufacturing District and the Light Industrial District Said amendment will expand those retail uses that are presently permitted within these two (2) districts Said hearing will be held at the hour of 7 00 P M , on September 5, 1979 , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California All interested persons are invited to attend said hearing and express their opinions for or against the proposed Code Amendment No 79-5 Further information may be obta-Lned from the City Planning Department Telephone No (714) 536-5271 DATED this 23rd day of August, 1979 CITY PLANNING COMMISSION James W Palin By Secretary