HomeMy WebLinkAboutOrdinance #4198 ORDINANCE NO. 4198
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. 19-002)
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. 19-002, which amends Chapter
212 of the Huntington Beach Zoning and Subdivision Ordinance relating to updated, clarified,
and additional land use controls utilized within Industrial Districts of the ZSO.
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.
19-8007/216074 1
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3 r4 day of ►-14,0 , 2020
or
ATTEST: APPROVED AS TO FORM:
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City Cierk ZITIATED
Attorney
VIE ED AND PR VED: AND APPROVED:
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City Manager Director of Community Development
Exhibit A: Legislative Draft
19-8007/216074 2
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212.04 IG, IL,and RT Districts—Land Use Controls
In the following schedules, letter designations are used as follows:
"P"designates use classifications permitted in the Industrial 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 zoning code. Where
letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use
classifications under the heading.
IG,IL,and RT 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
Additional
IG IL RT Provisions
Residential
Group Residential PC PC PC (I)
Public and Semipublic (A)(L)
Community and Human Service Facilities P P P (K)
Day Care, General ZA ZA ZA
Heliports PC PC PC (N)
Additional
IG IL RT Provisions
Maintenance& Service Facilities ZA ZA ZA
Public Safety Facilities P P P
Religious Assembly ZA ZA ZA
Schools,Public or Private L-6 L-6 L-6
Utilities, Major PC PC PC
Utilities, Minor L-7 L-7 L-7 (0)
Commercial Uses (D)(L)
Ambulance Services ZA ZA ZA
Animal Sales and Services
Animal Boarding ZA ZA ZA
Animal Hospitals ZA ZA ZA
Artists' Studios P P P
Banks and Savings and Loans L-1 L-1 L-1
Building Materials and Services P P P
Catering Services - P P
Commercial Filming ZA ZA ZA
Commercial Recreation and Entertainment L-2 L-2 PC
Communication Facilities L-12 L-12 L-12
Eating&Drinking Establishments L-2 L-2 L-2
w/Live Entertainment ZA ZA ZA (R)
w/Alcohol ZA ZA ZA
Food&Beverage Sales ZA ZA ZA
Hospitals and Medical Clinics - PC PC
Laboratories P P P
Maintenance& Repair Services P P P
Marine Sales and Services P P P
Nurseries P P P
Offices,Business&Professional L-10 L-10 L-10 (C)
Personal Enrichment L-9 L-9 L-9
Personal Services L-1 L-1 L-1
Quasi-Residential PC PC PC (J)
Additional
IG IL RT Provisions
Research & Development Services P P P
Sex-Oriented Businesses(regulated by Ch. 5.70) L-11 L-11 L-11
Sex-Oriented Businesses(regulated by Ch. 5.60) PC PC PC (Q)
Swap Meets, Indoor/Flea Markets PC PC PC (P)
Vehicle/Equipment Sales & Services
Service Stations L-4 L-4 L-4
Vehicle/Equipment Repair P P P
Vehicle/Equipment Sales/Rentals L-5 L-5 L-5
Alehiele Storage R ZA PC ( )
Vehicle Storage, Impound Yards PC PC PC
T
Vehicle Storage, Off-Site Auto Dealers P ZA P/ZA ZA
Vehicle Storage, Recreational Vehicles P/ZA P/ZA ZA (H1 (V1
Visitor Accommodations ZA ZA ZA
Warehouse and Sales Outlets L-8 L-8 L-8
Industrial (See Chapter 204) (B)(L)(M)
Industry, Custom P P P
Industry, General P P P
Industry, Limited P P P
Industry, R& D P P P
Wholesaling, Distribution& Storage P g
150,000 square feet or less P P P
Greater than 150,000 square feet P P ZA
RT Flex Space - - P
Alcoholic Beverage Manufacturing P P P (L-13)
Accessory Uses
Accessory Uses and Structures P/U P/U P/U (C)
Temporary Uses
Commercial Filming, Limited P P P (S)
Real Estate Sales P P P
Trade Fairs P IP I P (E)
Additional
IG IL RT Provisions
Nonconforming Uses (F)
IG,IL,and RT 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 Permitted only when designed and operated for principal use by employees of the surrounding
industrial development as an ancillary use to a primary industrial use. When designed for general
public use, permitted after considering vehicular access and complying with minimum parking
requirements.
L-3 Reserved.
L-4 Only fueling stations offering services primarily oriented to businesses located in an Industrial
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 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 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 conditional use permit from the
Zoning Administrator if the space is over 5,000 square feet.
L-10 Accessory administrative,management, regional or headquarters offices incidental to a
primary industrial use within the IG and IL Districts are limited to 10%of the floor area of the
primary industrial use. Accessory office uses incidental to a primary use within the RT District are
limited to 30% of the floor area of the primary use.
Accessory office spaces exceeding the limits above shall require a conditional use permit to the
Zoning Administrator supported by a parking demand study for all uses on site.
Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-
site leasing offices, are not permitted in any Industrial District.
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 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 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 fagade 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 Community
Development 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 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 Improvements; 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.
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 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.
L-13 Alcoholic Beverage Manufacturing Requirements
1. Alcoholic Beverage Manufacturing uses without eating and drinking for public sales
or service are permitted.
2. A maximum 1,000 square feet of indoor and/or outdoor eating and drinking area per
business shall be permitted through an Administrative Permit with Neighborhood
Notification pursuant to Chapter 241.
3. Indoor and/or outdoor eating and drinking areas greater than 1,000 square feet per
business shall require a conditional use permit by the Zoning Administrator.
(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 greater than the maximum allowable percentage of the floor area of the
primary industrial use shall require a conditional use permit from the Zoning Administrator
and a parking demand study demonstrating the adequate provision of on-site parking for all
uses contained onsite.
(D) In IG and IL Districts only, commercial space excluding business and professional office, 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 adjunct use,the adjunct use is
physically separated from the primary industrial use,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) Reserved.
(H) Permitted pursuant to an Administrative Permit if the property is 300 feet or
more from a parcel used or zoned for residential development. Permitted pursuant to
conditional use permit from the Zoning Administrator if less than 300 feet from a
parcel used or zoned for residential development.
Only in the 1G and 1h distAets,automobile dismantling,storage an&or-impound yards may be
-And the fio-1-1-AiVing er-iter-im
(» The site shall not be l,.e ted within 660 feet of an n dintAet
(2) All speeial metal eutting and eompaefing equipment shall be eampletely ser-eened front
view.
**In the RT-distfiets,automobile storage and/or-impound yards are subjeet to the approval o
a eenditional use permit by the Zoning Administrator unless leefited Within 300 feet Of
distFiet.Within 300 feet of an R distr-iet,automobile stoFage andiff impound yar-ds are subjee
owned propeFty shall be permitted without a eonditional use permit;
(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 Community
Development 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 permit 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-I I(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.Neighborhood Notification requirements when no
entitlement required pursuant to Chapter 241.
(S) Subject to approval by the Police Department, Public Works Department,and Fire Department
and the Community Development Director.
(1) In all districts, storage areas shall be screened from view on all sides by a solid
wall made of either block, masonry, wood,vinyl or other similar material. The wall
hall not be 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.
L1U In all districts, storage areas shall be screened from view on all sides adiacent to a
public right of way by a solid wall made of either brick, block, masonry,wood,vinyl or
other similar material. The wall shall include a minimum ten foot return on all sides.
The wall shall not be 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.
-VW- In all districts, storage areas shall be screened from view on all sides adiacent to a
public right of way by a solid wall made of either block, masonry,wood, vinyl or other
similar material. The wall shall include a minimum ten foot return on all sides. The
wall shall not be 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.
Screening on the remaining sides shall be evaluated based on proposed site conditions
as determined during the entitlement proeecs
C% Auto storage uses on public agency owned property shall be permitted by right
pursuant to submittal of a Parking Area Plan. See Section 231.26.
(3254-10/94, 3378-2/98, 3523-2/02, 3568-9/02, 3703-3/05, 3708-6/05, 3724-02/06, 3788-12/07,
3 843-11/09, 3 860-2/10,403 9-12/14, 4092-10/16)
Ord. No. 4198
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 January 21,2020, and was again read to said City
Council at a Regular meeting thereof held on February 3,2020, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Estanislau,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 Wave on February 13,2020.
In accordance with the City Charter of said City.
Robin Estanislau. Ci, Clerk City Clerk and ex-officio Clerk
�� peputy city Clerk of the City Council of the City
of Huntington Beach, California