HomeMy WebLinkAboutOrdinance #4310 (2) ORDINANCE NO. 4310
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 212 I INDUSTRIAL DISTRICTS OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE
(ZONING TEXT AMENDMENT NO. 23-002)
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. 23-002, which amends Chapter 212 of
the Huntington Beach Zoning and Subdivision Ordinance
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 Code is hereby amended
to read as follows:
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 commercial districts.
"L" designates use classifications subject to certain limitations prescribed by the "Additional
Provisions"that 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.
"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.
"Neighborhood Notification" designates use classifications that require an Administrative Permit
by the Director. Use classifications that are not listed are prohibited. Letters in parentheses in the
- "Additional Provisions" column refer to provisions following the schedule or located elsewhere
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in the Zoning Ordinance. 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)
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
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Additional
IG IL RT Provisions
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)
Research& Development Services P P P
Sex-Oriented Businesses (regulated by Ch. L-11 L-11
5.70) L-11
Sex-Oriented Businesses (regulated by Ch. PC PC (Q)
5.60) PC
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
Vehicle Storage, Impound Yards PC PC PC (T)
Vehicle Storage, Off-Site Auto Dealers P/ZA P/ZA P/ZA (H)(LJ)(W)
Vehicle Storage, Recreational Vehicles P/ZA P/ZA P/ZA (H)(V)
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
150,000 square feet or less P P P
Greater than 150,000 square feet P P ZA
RT Flex Space - - P
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Additional
IG IL RT Provisions
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 P P (E)
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.
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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
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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 façade 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
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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 (3)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.
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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 a conditional
use permit from the Zoning Administrator if less than 300 feet from a parcel used or zoned
for residential development.
(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.)
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(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-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. 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.
(T) 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 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.
(U) In all districts, storage areas shall be screened from view on all sides adjacent 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 10-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.
(V) In all districts, storage areas shall be screened from view on all sides adjacent 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 process.
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(W) 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.
SECTION 2.This ordinance shall become effective immediately 30 days after its adoption.
PASSED AND ADOPTED by the City Council •f the City of Huntington Beach at a
regular meeting thereof held on the 15thday of Oc • '- , 2024.
WIC
ii„..4 1)14
Mayor
ATTEST: APPROVED A' FORM:
s,m, q,,te.,„Ad
City Cle it ttorney
REVI ' E AND AP'ROVED: INITIATED A D APPROVED:
City Manager Dire t of Community Development
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Ord. No. 4310
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 October 1,2024,and was again read to said City
Council at a Regular meeting thereof held on.October 15,2024, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Moser,Bolton, Burns,Van Der Mark, Strickland, McKeon, Kalmick
NOES: . None
ABSENT: None
ABSTAIN: None
I,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 October 24,2024.
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior De.0_ Ci Clerk of the City Council of the City
of Huntington.Beach, California