Irvine Municipal Code Ch. 3-44 Warehouse and Logistics Use Standards

The purpose of this Chapter is to incorporate state-mandated standards for logistics use developments, including warehouses, as provided in Chapter 2.8 of Division 1 of Title 7 of the Government Code, beginning with Section 65098. In the event of inconsistency between this Chapter and the Government Code, the applicable provisions of State law shall apply.

(Ord. No. 25-18, § 2(Exh. B), 6-24-25)

The terms used in this Chapter shall have the meanings in Government Code Section 65098. Summarized definitions have been provided below:

21stcentury warehouse: A logistics use that meets the requirements of subdivision (a) of Government Code Section 65098, and:

1. Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to photovoltaic system installation and associated battery storage, cool roofing, medium- and heavy-duty vehicle charging readiness, and light-duty electric vehicle charging readiness and installed charging stations.

2. Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.

3. Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.

4. Ensures that any heating, ventilation, and air conditioning system(s) is high-efficiency.

5. Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board's Zero-Emission Forklifts regulations, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. Cost shall not be a factor in determining operational feasibility.

6. Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. Cost shall not be a factor in determining operational feasibility. Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.

Expansion of an existing logistics use: The expansion of an existing logistics use by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20 percent expansion threshold.

Heavy duty truck: A Class 7 (gross vehicle weight rating of 26,001 to 33,000 pounds) or Class 8 truck (gross vehicle weight rating of greater than 33,000 pounds).

Logistics use: A building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of cargo, goods, or products. Logistics use does not include: (1) facilities where food or household goods are sold directly to consumers and are accessible to the public, (2) a building primarily served by rail to move cargo, goods, or products, or (3) a Strategic Intermodal Facility as that term is defined by paragraph (3) of subdivision (d) of Government Code Section 65098.

Sensitive receptor: Sensitive uses listed in subdivision (e) of Government Code Section 65098, including: (1) a residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home; (2) a school, including, but not limited to, a preschool, a prekindergarten, or school maintaining kindergarten or any of grades one to 12, inclusive; (3) a daycare facility, including, but not limited to, in-home daycare; (4) publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use; (5) nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing; and (6) hospitals, as defined in Section 128700 of the Health and Safety Code.

Small off-road engines: Spark-ignition engines rated at or below 19 kilowatts.

Tier 1 21stcentury warehouse: A logistics use that meets the requirements of subdivision (g) of Government Code Section 65098, and:

1. Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations), including, but not limited to, the following requirements related to photovoltaic system installation and associated battery storage, cool roofing, medium- and heavy-duty vehicle charging readiness, and light-duty electric vehicle charging readiness and installed charging stations.

2. Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.

3. Has a micro grid-ready switchgear system capable of supporting distributed energy resources.

4. Is advanced smart metering ready.

5. Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.

6. Has a minimum of ten percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.

7. Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.

8. Ensures that any heating, ventilation, and air-conditioning is high-efficiency.

9. Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board's Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. Cost shall not be a factor in determining operational feasibility.

10. Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. Cost shall not be a factor in determining operational feasibility. Should any equipment used on a site utilizing small off-road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.

Warehouse: That portion of a building ancillary to the conduct of a business where either materials used or goods produced by the business are stored prior to their use or distribution to a wholesale user or retail purchaser and which is not otherwise a "Logistics use" or "Storage."

(Ord. No. 25-18, § 2(Exh. B), 6-24-25)

A. Approvals required. Logistics use and warehouse developments shall require the following approvals:

1. A warehouse, as defined by Section 1-2-1, that is 175,000 square feet or less shall be ministerially reviewed by the Community Development Director or designee in all zones permitting such use by right (if any). [4]

2. A warehouse, as defined by Section 1-2-1, that is: (1) more than 175,000 square feet and equal to or less than 225,000 square feet, or (2) 175,000 square feet or less in zones providing that warehouses are a conditionally permitted use, shall require an administrative use permit. 2

3. All logistics uses, as defined by Section 3-44-2, and any warehouse use, as defined by Section 1-2-1, more than 225,000 square feet, shall require a conditional use permit.

B. Large logistics use developments in 5.4 General Industrial zoning district only.

1. Effective date. January 1, 2026.

2. Applicability. Any proposed new or expanded logistics use development 250,000 square feet or larger located in the 5.4 General Industrial zoning district.

a. Where the loading bay is within 900 feet of a sensitive receptor and the development is utilizing:

i. A site zoned for industrial use, or

ii. Any site where an application was submitted by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved.

3. Compliance requirements. The logistics use must comply with all of the following:

a. Incorporate Tier 1 21 st century warehouse design elements, as set forth in Section 3-44-2.G.

b. Orient truck loading bays on the opposite side of the logistics use development from sensitive receptors, to the extent feasible.

c. Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor, as measured from the nearest truck loading bay opening to the property line using a straight-line method.

d. Provide a separate entrance to the project site for heavy-duty trucks that is accessible via truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercially oriented uses.

e. Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall not be used on the sides of the development adjacent to a sensitive receptor property line.

f. Include buffers and screening to mitigate light and noise per Subsection E.

C. Other logistics use developments.

1. Effective date. January 1, 2026.

2. Applicability. Where a loading bay is within 900 feet of a sensitive receptor and the development is utilizing:

a. A site zoned for industrial use;

b. Any site where an application was submitted by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved; or

c. The development is utilizing a site not zoned for industrial use, whether developed or undeveloped, or land that needs to be rezoned.

3. Compliance requirements. The logistics use must comply with all of the following:

a. Logistics use developments of 250,000 square feet or greater must comply with Tier 1 21st century warehouse design elements in Section 3-44-2.G. Developments of less than 250,000 square feet must comply with the 21st century warehouse design elements in Section 3-44-2.A.

b. Truck loading bays shall:

i. Be oriented on the opposite side of the logistics use development from sensitive receptors, to the extent feasible.

ii. Be located a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

iii. Have a separate entrance for heavy-duty trucks accessible via truck route, arterial road, major thoroughfare, or a local road that predominantly services commercially oriented uses.

c. Truck entry, exit, and internal circulation shall be located away from sensitive receptors.

d. Heavy-duty diesel truck drive aisles shall not be used on sides of the development adjacent to a property line shared with a sensitive receptor.

e. Include buffers and screening to mitigate light and noise per Section 3-44-3.E.

f. Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial-oriented uses.

D. Exclusions.

1. Exclusions from truck loading bay siting requirements. The following shall be exempt from Sections 3-44-3.B. and 3-44-3.C., as applicable:

a. Any existing logistics use development in existence as of September 30, 2024, if a new sensitive receptor is constructed, established, or permitted after January 1, 2025;

b. Any proposed new logistics use or expansion of an existing logistics use in a local entitlement process as of September 30, 2024, if a new sensitive receptor is constructed, established, or permitted after January 1, 2025;

c. Any new logistics use development that requires the rezoning of land and must undergo a municipal entitlement process, if the development's entitlement process began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use in the underlying zone.

d. Logistics use developments or expansions thereof during the entitlement process where a new sensitive receptor is proposed or established within the distances required by Section 3-44-3.B.3 and Section 3-44.3.C.3 during the logistics use development's entitlement process, if the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established.

2. Expiration of exclusions. The exclusions in this Subsection shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the construction period. If no construction occurs within five years of entitlement approvals, the exclusion is automatically waived.

E. Buffer required.

1. A new logistics use development located within 900 feet of a sensitive receptor which is zoned or rezoned as industrial must provide a 50-foot-wide buffer (as measured from the property line of the subject property to the property line of the closest sensitive receptor) to all adjacent sensitive receptors. The project must be fully screened from the sensitive receptor.

2. A logistics use development within 900 feet of a sensitive receptor not zoned for industrial use or in need of rezoning must provide a 100-foot-wide buffer (as measured from the property line of the subject property to the property line of the closest sensitive receptor) to all adjacent sensitive receptors. The project must be fully screen from the sensitive receptor.

3. Standards.

a. Buffer areas shall include any combination of the following, that provides adequate screening: a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in Section 3-44-3.E.3.b.

b. Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the property line of the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be used for screening purposes.

F. Entry gates. Refer to Section 4-4-8 for specific requirements for non-residential uses. Specifically, the entry gates into a loading truck court for a new or expanded logistics use development shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible.

G. Siting requirements.

1. Beginning January 1, 2026, any new logistics use development shall be sited on roadways that are either arterial roads, collector roads, major thoroughfares, or local roads that predominately serve commercial uses (i.e. more than 50 percent of the properties fronting the road within 1,000 feet are designed for commercial or industrial use according to this Zoning Ordinance).

2. A waiver of the foregoing siting requirements is available for applicants who demonstrate that siting on the designated roadways is impractical due to unique geographic, economic, or infrastructure-related reasons subject to the applicant establishing that:

a. There is no feasible alternative site that exists within the designated roadways,

b. A traffic analysis has been completed and submitted to the City,

c. The site is in an existing industrial zone, and

d. The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.

3. Consideration shall be given to appropriate separation between warehouse uses located within the Residential and Residential Mixed-Use (RRMU) Overlay.

H. Aesthetic Design Consideration. Logistics use developments shall:

1. Avoid the use of long, blank facades. The same or compatible design features should be continued or repeated on all building elevations that are visible from public view.

2. Feature large areas of glazing along street facing elevations and/or building corners. These areas should be utilized to incorporate natural light into the building. Where feasible, incorporate additional areas of natural light and ventilation through the use of strategically placed windows, skylights, and clerestories.

3. Incorporate appropriate color palette of either earth tones or metallic hues with bold accents to create striking contrasts and add visual interest to the design. Consider the use of exposed raw materials, such as steel beams and wooden accents, as architectural relief features.

I. Signage. Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays. Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and in the State highway system.

J. Truck Routing Plan required.

1. Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for approval to the Director of Community Development or designee a Truck Routing Plan to and from the State highway system based on the latest truck route map of the City.

2. The Truck Routing Plan shall describe the operational characteristics of the use of the facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors.

3. The Truck Routing Plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement for preventing truck queuing, circling, stopping, and parking on public streets.

4. The facility operator shall be responsible for enforcement of the Truck Routing Plan.

5. A revised Truck Routing Plan shall be submitted to the Director of Community Development or designee prior to a business license being issued by the City for any new tenant of the property. The Director of Community Development or designee shall have discretion to determine if changes to the Truck Routing Plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.

K. Demolition of housing; displacement of tenants.

1. Developers of logistics use developments must provide two-to-one replacement of any demolished housing unit that was occupied within the last ten years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer (or predecessor in interest). For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the City. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.

2. If any residential dwelling is affected through purchase, the developer must provide any displaced tenant with an amount equivalent to 12 months' rent at the current rate.

(Ord. No. 25-18, § 2(Exh. B), 6-24-25)

Footnotes:

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For 5.1 IBC Multi-Use, 5.4 General Industrial, and 5.5 Medical Science located in Focus Area 1 (Greater Irvine Business Complex) and Focus Area 2 (Greater Spectrum Area) as designated by the 2045 General Plan and within the Residential and Residential Mixed-Use (RRMU) Overlay, warehouses 175,000 square feet or less require an administrative use permit. The exception in the 5.1 IBC Multi-Use is the area within the designated flight hazard zone for John Wayne Airport located west of MacArthur Boulevard and west of Red Hill, which will follow the approvals required procedure as written.

For 5.1 IBC Multi-Use, 5.4 General Industrial, and 5.5 Medical Science located in Focus Area 1 (Greater Irvine Business Complex) and Focus Area 2 (Greater Spectrum Area) as designated by the 2045 General Plan and within the Residential and Residential Mixed-Use (RRMU) Overlay, warehouses greater than 175,000 square feet require a conditional use permit. The exception in the 5.1 IBC Multi-Use is the area within the designated flight hazard zone for John Wayne Airport located west of MacArthur Boulevard and west of Red Hill, which will follow the approvals required procedure as written.

The standards set forth in this Chapter shall apply in addition to all other requirements of applicable law, including the Irvine Municipal Code and Zoning Ordinance, including the City's right to prohibit and further restrict logistics uses. In the event of a conflict between this Chapter and the zoning requirements in the underlying zone, the standards set forth in this Chapter shall apply.

(Ord. No. 25-18, § 2(Exh. B), 6-24-25)

This Chapter shall not apply to:

A. Any logistics use development that was subject to a commenced local entitlement process prior to September 30, 2024.

B. A logistics use development that received an approval for the use, as defined by subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, prior to January 1, 2025.

C. A mixed-use development that may include sensitive receptors on the same site as the new logistics use development, provided that there are no existing sensitive receptors within 900 feet of the truck loading bay.

(Ord. No. 25-18, § 2(Exh. B), 6-24-25)