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Mission Viejo City Zoning Code

CHAPTER 9

12.- BUSINESS PARK/INDUSTRIAL ZONE

Sec. 9.12.005.- Purpose.

The purpose of the BP (Business Park/Industrial) Zone is to provide for service commercial, business, industrial, and emergency shelter uses while achieving the following:

(a)

Provide major employment concentrations generally served by arterial roadways and freeways in a manner consistent with the general plan.

(b)

Provide adequate space to meet the needs of industrial development, including off-street parking and loading.

(c)

Minimize traffic congestion and avoid the overloading of utilities.

(d)

Protect adjacent areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

(e)

Promote high standards of site planning, architecture, and landscape design for industrial developments within the city.

(f)

Accommodate the need for emergency shelter identified in the city's housing element.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 09-276, § 2, 9-8-09)

Sec. 9.12.010. - Permitted uses.

Any use designated as "permitted" by the following list shall comply with the provisions of this code. Any permitted use which will occupy an existing structure (with no structural enlargement) shall comply with the standards contained in this chapter as well as Article III (General Property Development Standards). Additionally, any permitted use which will occupy an existing structure that is to be enlarged or requires construction of a new structure(s) shall require the approval of a planned development permit pursuant to chapter 9.47.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.12.015. - Permitted, planned development permitted, and conditionally permitted uses.

The following list represents those primary uses in the BP Zone which are permitted (P) or subject to a planned development permit (D), conditional use permit (C), or prohibited (X):

BUSINESS PARK/INDUSTRIAL ZONE LAND USE CHART

Type of Land Use Sanction
(a) Automobile dismantling X
(b) Automobile service stations, service centers and repair specialty shops C
(c) Church C
(d) Commercial, convenience (uses [i.e., restaurant, mini-market, day care] that are intended to meet the needs of the immediate employment population) C
(e) Commercial, heavy (wholesale and retail sale of building materials, construction equipment, recreational vehicles, automobiles, motorcycles, boats, trucks, and trailers) D
(f) Commercial, retail sales (retail sales of goods, provided that the floor space devoted to the activity does not exceed 25 percent of the gross floor area of the principally permitted use) C
(g) Commercial, service P
(h) Commercial, warehouse and sales outlet C
(i) Commercial, wholesale use P
(j) Communication (transmitting, reception, or relay facilities) C
(k) Emergency shelters P
(l) Junk and salvage facility X
(m) Kennels C
(n) Light industrial, nonpolluting activities (enterprises involving assembly, development, processing, recycling, research, testing, and treatment of products) P
(o) Light industrial, potentially polluting activities (enterprises involving assembly, development, processing, recycling, research, testing, and treatment of products) C
(p) Public utility (structures and facilities) C
(q) Office (administrative/business/professional) P
(r) Storage, indoor (mini-storage) D
(s) Storage, outdoor (rental yard, maintenance yard, storage for recreational vehicles, and construction and agricultural equipment) C
(t) Warehousing and distribution facilities P

 

BUSINESS PARK/INDUSTRIAL ZONE LAND USE CHAR>

Other similar uses which the director finds consistent with the intent and purpose of the zone, that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses and which the director finds to be of comparable nature and of the same class as the uses enumerated in this section.

To accommodate the city's emergency housing need as required by Government Code § 65583(a)(4), emergency shelters shall be allowed by right in the Business Park/Industrial Zone. For the purposes of this chapter, "emergency shelter" shall have the meaning set forth in Government Code § 65582. The city shall not require a conditional use permit or other discretionary permit for the construction of an emergency shelter.

The city may not disapprove an emergency shelter unless it makes written findings, based upon substantial evidence in the record, as to one of the following:

(1)

The city has met or exceeded the need for emergency shelter as identified in the housing element.

(2)

The emergency shelter would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

(3)

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.

(4)

The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

(5)

The emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with [Government Code] § 65588 that is in substantial compliance with state law."

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 09-276, § 3, 9-8-09)

Sec. 9.12.020. - General standards.

(a)

The following development standards are minimum unless stated as maximum by this code. All setbacks shall be measured from the property line.

BUSINESS PARK/INDUSTRIAL ZONE GENERAL STANDARDS CHART

Development Standards Requirement
Gross lot area (sq. ft.) 10,000
Floor area ratio (feet) 1.0
Front setback (feet) 25
Rear setback (feet) 25
Side setback, each (feet) 15
Side setback, street side (feet) 20
Lot coverage, maximum 50%
Distance between structures (feet) 20
Structure height, maximum (feet) 35

 

(b)

The following additional standards shall apply to all development within this zoning district:

(1)

Retail sales and service incidental to a principally permitted use are allowable provided that the following standards are met:

a.

The operations are contained within the main structure which houses the primary use.

b.

Retail sales represent less than 20 percent of the gross receipts of the company.

c.

No retail sales or display of merchandise occur(s) outside the structure(s).

d.

All products offered for retail sale on the site are manufactured, warehoused, or assembled on the premises.

(2)

Outside storage shall be confined to the rear of the principal structure(s) or the rear one-half of the site, which ever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing, and landscaping, subject to approval by the final review authority.

(3)

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(4)

Internal or external bars, grates, or other safety devices of similar nature shall not be placed on or adjacent to door or windows unless expressly authorized by the director of community development.

(c)

The following specific development standards shall apply:

Mini-storage. Mini-storage facilities shall be constructed in the following manner:

(1)

The minimum site area shall be 20,000 square feet.

(2)

The site shall be entirely paved, except for structures and landscaping.

(3)

All on-site lighting shall be energy efficient, stationary, and directed away form adjoining properties and public rights-of-way.

(4)

All landscaping shall be installed and permanently maintained pursuant to the provisions of chapter 9.27 (Landscaping Standards).

(5)

All on-site signage shall comply with the provisions of chapter 9.29 (Sign Standards).

(6)

The site shall be completely enclosed with a minimum six-foot-high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use.

(7)

No business activity shall be conducted other than the rental of storage spaces for inactive storage use.

(8)

All storage shall be located within a fully enclosed structure or structures.

(9)

No flammable or otherwise hazardous materials shall be stored on-site.

(10)

Residential quarters for a manager or caretaker may be provided in the development.

(11)

The development shall provide for two parking spaces for the manager or caretaker, and a minimum of five spaces located adjacent or in close proximity to the manager's quarters for customer parking.

(12)

Aisles between structures shall be a minimum of 25 feet wide to provide unobstructed and safe circulation.

(13)

Every parcel with a structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

(14)

Storage facilities located adjacent to residential zoning districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays.

(d)

Emergency shelters are subject to the general development standards in subsection (a) of this section. In accordance with the authority granted to the city in Government Code § 65583(a)(4), an emergency shelter must also meet the following development and management standards:

(1)

The shelter may serve no more than ten persons per night. This standard shall be re-evaluated in the director's discretion based upon any changes in law or policy.

(2)

The shelter shall have not less than one parking space for each 250 square feet of gross floor area, unless it is demonstrated to the director by credible evidence that a different parking ratio is appropriate based on the shelter's demonstrated need.

(3)

The waiting and client intake areas shall be at least 500 square feet in total gross floor area.

(4)

The shelter shall prepare and file a management plan with the city that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out. As part of the management plan, each shelter must provide 24-hour on-site supervision.

(5)

A shelter may not be located within 250 feet of another emergency shelter.

(6)

No person may stay at an emergency shelter for longer than 180 consecutive days.

(7)

Lighting standards shall comply with the provisions of chapter 9.20 (Property Development Standards).

(8)

Security shall be provided during the hours the emergency shelter is in operation.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 09-276, § 4, 9-8-09)

Sec. 9.12.025. - Applicable regulations.

All uses shall be subject to the applicable regulations of this code, including provisions located in the following chapters:

(a)

Chapter 9.48 Conditional Use Permits

(b)

Chapter 9.27 Landscaping Standards

(c)

Chapter 9.26 Off-Street Loading Standards

(d)

Chapter 9.25 Off-Street Parking Standards

(e)

Chapter 9.47 Planned Development Permits

(f)

Chapter 9.29 Sign Standards

(g)

Chapter 9.42 Temporary Use Permits

(h)

Chapter 9.46 Variances

(Ord. No. 98-193, §§ 1—4, 10-19-98)