Division 11 — INDUSTRIAL ZONES

SEC. 16-160. PURPOSE AND INTENT.

The following are descriptions of the purpose and intent of each one of the industrial zoning districts in the city. All permitted and conditionally permitted uses shall be consistent with the purpose and intent of the respective zone.

(A) C-M (Commercial Manufacturing Zone). The purpose of the C-M Zone is to provide a zone for selected commercial retail sales and services, light manufacturing, warehousing, distributing, storage, and wholesale activities that are conducted totally within a building and with development standards suitable for commercial and limited industrial districts. This zone district also allows for permanent and temporary emergency shelters and emergency shelters for families, supportive and transitional housing, and farmworker housing pursuant to statutory requirements, and provides an appropriate transition from residential areas to more intense industrial activities.

(B) BRP (Business and Research Park Zone). The purpose of the BRP Zone is to provide areas for a limited group of professional, administrative, and research, and limited manufacturing uses along with limited commercial activities intended to support such uses. Such uses shall be oriented toward major transportation elements such as freeways, airports, and harbors, and shall be developed to specific property and development design standards.

(C) M-L (Limited Manufacturing Zone). The purpose of the M-L Zone is to provide areas suitable for the development and protection of restricted manufacturing uses and activities involving a high level of performance and site development. Uses may include administrative, wholesaling, warehousing, and manufacturing activities, and scientific research offices and laboratories, including certain accessory facilities necessary to serve the employees of such uses located in the zone. The development and performance standards of this division will enhance views from major transportation routes and assure a high-quality environment compatible with surrounding and abutting residential zones. This zone district also allows for permanent and temporary emergency shelters and emergency shelters for families to provide housing pursuant to statutory requirements, and for adult businesses.

(1) Manufacturing uses shall be limited to the fabrication, assembly, compounding, processing, or packaging of materials in a processed form that do not, in their

maintenance, assembly, or packaging, create obnoxious or offensive smoke, gas, odor, dust, sound, vibration, soot, or lighting.

(2) In order to avoid reduction of the city's industrial base and to protect industrial land and improvements from encroaching upon incompatible uses or uses more

properly suited to other districts, residential and commercial uses, except as provided herein, are not permitted in the Limited Manufacturing Zone.

(D) M-1 (Light Manufacturing Zone). The purpose of the M-1 Zone is to provide areas for manufacturing and related service uses and activities where the principal activity occurs within a building, but also permits outdoor assembly, fabrication, public services, and storage that conform to the development and performance standards of this chapter, and provide areas suitable for adult businesses. Industrial uses in this zone shall be limited to those that conduct fabrication, assembly, or land processing of materials (including agricultural produce) primarily within a building. The development and performance standards of this chapter limit the creation of smoke, gas, odor, dust, sound, and vibration that might be detrimental to health, safety, and welfare to protect any adjoining uses. Wholesale and retail sales and services related to principal uses are permitted. Limited outdoor storage associated with a primary use may be permitted.

(E) M-2 (Heavy Manufacturing Zone). The purpose of the M-2 Zone is to provide areas for industrial uses that are primarily outdoor and/or within specialized structures that may involve general manufacturing, processing, and/or fabrication activities, including outdoor storage and manufacturing, that are specifically excluded from other industrial zones and which do not require highly restrictive performance and development standards in regard to adjoining uses.

(Ord. No. 2958, 2985)

SEC. 16-161. PERMIT REQUIREMENTS FOR INDUSTRIAL USES.

The required permit for a respective industrial land use is indicated in section 16-163, industrial land use matrix. The permit requirements are as provided for in this chapter and as further provided for below.

(A) Special use permit (SUP). The permit application requirements and process for a Special use permit are set forth in Article VII, Division 3, of this chapter.

(B) Development design review (DDR) permit. The permit application requirements and process for development design review permit are set forth in Article VII, Division 2, of this chapter.

(1) A DDR permit may be required for either the review and approval of the construction of a new industrial building, and/or the review and approval of a use which

requires administrative review to Ensure compliance with the provisions of this chapter and other regulatory requirements.

(2) For the review of uses proposed to be located in existing structures, the director may determine the level of information and plans required.

(C) Minor modifications. Where a planning permit such as a special use permit, planned development permit, or development design review permit has been previously approved, the city may elect to modify that existing permit in lieu of requiring the application and approval of a new special use or development design review permit for a proposed physical modification or use clearance, provided such physical modification is within the parameters for minor modifications provided for in this chapter or by administrative policy.

(D) Permitted uses: zone clearance. Permitted uses are subject to the requirement for approval of a zone clearance in accordance with this chapter.

(E) Specific plan permit requirements. For development in areas within a designated specific plan, the following table identifies the permit processing requirements.

Permit Type
Specific Plan
DDR SUP

Drive-through uses

Rose/Santa Clara All new development Outdoor storage Northfield-Seagate All new development SUP when use requires this per this code All new development over 100,000 square feet McInnis Ranch All new development under 100,000 square feet SUP when use requires this per this code Sakioka Farms All new development None Camino Real All new development SUP when use requires this per this code

(Ord. No. 2958, 2985)

SEC. 16-162. NON-INDUSTRIAL USES.

The city council has determined that certain non-industrial uses may be permitted in industrial zones in order to achieve land use compatibility objectives. Those uses include adult uses and churches and religious facilities. Consistent with the guidance provided in section 16-163, industrial land use matrix, the following provisions and restrictions apply.

(A) Adult uses. Adult uses are further governed by Article V, Division 1 of this code.

(B) Churches and religious institutions. To ensure the integrity and economic viability of the industrial zoning districts and promote compatibility with assembly type uses such as churches, mosques, synagogues, and other religious facilities, the following additional restrictions apply to industrial zoned properties.

(1) All religious facilities in industrial zones are subject to a special use permit to permit the evaluation of land use compatibility and potential negative impacts on

nearby industrial uses and hazard exposure to facility users.

(2) Religious facilities may be permitted in multi-tenant buildings in the C-M, BRP, and ML zones, subject to a special use permit.

(3) Schools which provide standard K-12 educational instruction are not permitted in any industrial zone. Religious instruction such as Sunday schools, bible study,

and similar classes may be permitted subject to a special use permit.

(4) Religious institutions in the M-1 and M-2 must be located in freestanding buildings.

(5) Multifamily Residential uses up to 30 dwelling units per acre are permitted in the BRP zone on parcels identified in the AHD additive zone, subject to the provisions in section 16-420.

(C) Senate Bill (SB) 2 uses. For the purposes of this section, certain terms and words are defined as follows:

(1) EMERGENCY SHELTER FOR FAMILIES - A permanent facility consisting of a building or group of buildings with overnight sleeping accommodations providing

temporary housing for six months or less to homeless families with children under the age of 18, or 21 if they are full-time students or disabled, pursuant to standards set forth in Article V, Division 18. Such accommodations shall include basic supportive services such as meals, restroom, bathing, and laundry facilities. No family shall be denied emergency shelter because of an inability to pay. For purposes of this definition, DISABLED means persons with special needs, including mental disabilities, developmental disabilities, AIDS, substance abuse, or chronic health conditions.

(2) EMERGENCY SHELTER, PERMANENT - A permanent facility consisting of a building or group of buildings with overnight sleeping accommodations providing

temporary housing for six months or less to homeless persons pursuant to standards set forth in Article V, Division 18. Such accommodations shall include basic supportive services such as meals, restroom, bathing, and laundry facilities. No individual or household shall be denied emergency shelter because of an inability to pay.

(3) EMERGENCY SHELTER, TEMPORARY - A temporary facility consisting of a building or group of buildings with overnight sleeping accommodations providing

housing to homeless persons for winter warming or similar short-term, temporary operation not to exceed four months within a 12-month period. No individual or household shall be denied emergency shelter because of an inability to pay.

(4) FAMILY - A group of residents whose members jointly occupy a dwelling unit as a single housekeeping unit; have joint use of and responsibility for common

areas; share household activities such as meals, chores, maintenance, and expenses; but not including residents of commercial group living such as hotels, dormitories, and fraternities.

(5) FARMWORKER - An employee, also known as an agricultural worker, engaged in agricultural work/farming and any practices performed on a farm in

conjunction with farming, including cultivating and tillage of soil, the raising of animals, and the preparation of agricultural products for market, and/or to carriers for transportation to market.

(Ord. No. 2958, 2985, 3001)

SEC. 16-163. INDUSTRIAL LAND USES BY ZONE: INDUSTRIAL LAND USE MATRIX.

The allowed land uses in the industrial zoning districts are identified in the following table.

Industrial Land Use Matrix Key: Blank: Not Allowed P: Permitted Use (Requires a Zone Clearance) SUP: Special Use Permit DDR: Development Design Review Permit Zone District Land Use CM BRP M-L M-1 M-2 Notes Administrative, executive, and/or corporate offices which are a part of a predominantly industrial operation, including P P P P P governmental offices and facilities Administrative, financial, professional, medical, and general office services Refer to Adult businesses, except adult motels P P P P section 16- 337 Adult day care facilities P P Refer to Adult motels P section 16- 336 Agricultural and construction vehicle sales with incidental repair and service Agricultural, limited to growing of crops P P P P P Aircraft modification, storage, repair, and maintenance P P Aircraft sales P P P P Alcohol sales: on-site, off-site, and wine tasting SUP SUP SUP SUP Ambulance base facilities P P P P P Appliance repairs P P P Asphalt or concrete manufacture or refining DDR Assembly or repair of small electrical and electronic equipment P P P Assisted living residential facility SUP Auction houses P P P P P Boat building and repair P P Boiler repair and maintenance P P Book binding P P P P P Bottling/canning plants P P P Breweries, microbrew (less than 60,000 barrels). A SUP is required if including DDR DDR DDR DDR tasting rooms Breweries, craft (more than 60,000 barrels, less than 2 million barrels). A SUP DDR DDR DDR DDR is required if including tasting rooms Breweries, large DDR DDR (more than 2 million barrels) Brick, tile, or terra cotta manufacture DDR DDR Business furniture, supplies, and equipment sales P P P Cabinet or carpenter shops P P P P Cafeterias accessory to permitted uses for the convenience of persons employed on the premises Carpet, rug, and dry-cleaning plants P P P P Cement, glass, lime, gypsum, or plaster manufacture DDR Ceramic products P P P P Children s day care facility serving more than 15 children SUP SUP

Refer to Churches SUP SUP SUP SUP SUP section 16- 162(B) Coffee shops, cafes P P DDR DDR DDR Cold storage facilities including agricultural freezers and ice production and sales Refer to Commercial and retail uses P DDR DDR DDR section 16- 171 Commercial Cannabis Activities Refer to sections 11- Cultivation DDR DDR DDR DDR 473 and 16- 173 Refer to sections 11- Distribution DDR DDR DDR DDR 473 and 16- 173 Refer to sections 11- Manufacturing DDR DDR DDR DDR 473 and 16- 173 Refer to sections 11- Retail SUP 473 and 16- 173 Refer to sections 11- Testing DDR DDR DDR DDR 473 and 16- 173 Commercial recreational and entertainment uses, such as batting cages, gymnasiums, boxing gyms, escape rooms, bowling alleys, skating rinks, and similar recreational uses as determined by the planning manager Computer and business machine sales and service P P P Convenience markets and drugstores P DDR Corporate training and professional development facilities including ancillary outdoor activities Day care facilities accessory to industrial uses DDR DDR DDR Day care facilities (over 12 children) as a principal use DDR DDR Distribution, warehousing, and wholesaling P P P P P Drive-through services SUP SUP SUP Drop forge industries DDR Dwelling unit, one per establishment, for security or management when located on the premises where such person DDR DDR DDR DDR is employed in such capacity and accessory to an industrial use Electric motor rebuilding P P P P Electrical and lighting supply P P Electronic and computer repair P P P Emergency shelter for families SUP P Emergency shelter, permanent SUP P Emerg

P P P P

Electrical and lighting supply P P Electronic and computer repair P P P Emergency shelter for families SUP P Emergency shelter, permanent SUP P Emergency shelter, temporary SUP P Employment agencies P P Energy generation, distribution, storage, and support facilities, including electrical and gas utilities Explosives, manufacture or storage DDR Farmworker housing SUP P P P Feed sales P P P Fertilizer manufacture DDR Refer to Firearm and ammunition sales SUP Chapter 16, Division 19

Refer to Firearm and ammunition sales SUP Chapter 16, Division 19

Fish smoking, processing, curing, or canning DDR DDR Florists P P Freight classification yard, including truck and bus storage and maintenance Furniture manufacture and assembly P P P P Furniture upholstery shops P P P Garbage, offal, or dead animal reduction or dumping P Garment manufacturing P P P P Gas bulk storage, manufacturing, and distribution of flammable DDR liquids and all gases General office, including legal, professional, medical, consulting, or similar Refer to Indoor firearm range SUP Chapter 16, Division 20 Iron, steel, brass, or copper foundry or fabrication plant SUP DDR

Kennels and animal boarding DDR DDR DDR DDR Kennel day care P P P P Laboratories, research only P P Laundry, commercial P P P P Light metal fabrication (for example, sheet metal, wrought iron, and the like) Lumber yards with incidental sales of building and hardware supplies (outside storage) Machine shops P P P P Manufacture and assembly of electrical and electronic instruments, devices, and components Manufacturing and maintenance of electric neon signs P P P P Manufacturing, compounding assembly, or treatment of articles or merchandise from prepared materials such as, but not limited P P P to, canvas, cloth, stones, wood products, and leather Manufacturing, compounding, processing, packaging, or treatment of food products such as, but not limited to, bakery, P P P dairy, fruits and vegetables, and honey Marine equipment sales with incidental repair and service P P P P Medical product sales P P P Medical: hospitals and medical centers SUP Metals recycling and storage, including sales SUP DDR Refer to Mini-warehouses and self-storage facilities SUP SUP SUP SUP Resolution No. 6446 Mobile home sales and display DDR DDR DDR DDR Motels, hotels, and convention facilities SUP SUP Multifamily Residential uses up to 30 dwelling units per acre on parcels identified in the AHD additive zone, subject to the SUP provisions in section 16-420 Refer to Off-site non-accessory signs or billboards SUP section 16- 608(G) Oilcloth or linoleum manufacture P Outdoor storage or assembly as a primary use SUP Outdoor storage, incidental/accessory to uses otherwise permitted Paint, oil, shellac, turpentine, and varnish manufacture DDR Paper and pulp manufacture DDR Pawnshops SUP Petroleum bulk plants and distribution SUP DDR Petroleum refining DDR Photographic studios and services P P P Planning mills SUP DDR Plastic manufacture P P Plumbing supply P P P

Printing shop, lithographing, photocopying, blueprinting, and publishing Product assembly plants and production facilities primarily engaged in final or partial assembling of packaging of premanufactured, treated, or fabricated components, materials, or products Public service uses - communications, fire and police, water, and other governmental or public facilities Radio or television broadcasting station P P P P P Railroad support services SUP DDR Recycling collection: collection recycling facility for the acceptance of materials from the public including a bulk or single-feed reverse vending machine, a kiosk unit, or a permanent building Recycling mobile unit: mobile recycling unit used for the collection of recycled materials including the bins, boxes, or DDR DDR DDR DDR containers for the collection of recyclable materials Recycling processing facility: processing facility for ferrous and non-ferrous materials including the preparation of material for efficient shipment which includes baling, briquetting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re- manufacturing. Outdoor bin storage allowed for the collection of recycled materials Refrigeration and air conditioning repair and service P P P P Research and development, experimental or developmental laboratories Research, development, and clinical laboratories and uses P including associated incidental and outpatient clinics Restaurants and delicatessens P P P DDR DDR Rock crusher or distribution of rock, sand, or gravel DDR Sale of building and hardware supplies within a building P P P P

Specialized commercial retail centers oriented toward major transportation elements such as freeways, expressways, and other major transportation corridors. Specialized commercial uses include promotional, discount, factory outlet, and off-price SUP shopping centers, as well as centers that are tourist-oriented or oriented to other specialized markets. Specialized commercial uses may also include general commercial uses in special or unique settings Stationery and office supplies P P Supportive housing SUP Taxidermist P P P Textiles manufacturing P P P Trade schools, public and private schools and colleges, dance, and performing arts studios Transitional housing SUP Vehicle assembly SUP DDR Vehicle and equipment dismantling and recycling, including sale SUP of parts and vehicles Vehicle rental agencies DDR DDR DDR Vehicle repair, including engine overhaul, body and fender work, transmission, radiator repair, painting, and upholstering Vehicle service stations SUP SUP SUP SUP DDR Vehicle storage SUP SUP Veterinarians with on-site kennels DDR DDR DDR DDR Veterinarians with no on-site kennels P P P P Welding shops P P P Wine production facility SUP P P Wine tasting with or without cafes SUP SUP SUP

(Ord. No. 2958, 2961, 2985, 3001, 3032, 3069)

SEC. 16-164. DEVELOPMENT STANDARDS.

The following table sets forth development standards for all of the industrial zone districts in the city. All permitted and conditionally permitted uses shall be consistent with the purpose and intent of the respective zone.

Development Standards

Zone District
Standard
CM BRP ML M-1 M-2

Development Standards

Zone District Standard CM BRP ML M-1 M-2

Commercial and light 15,000 sq. ft., exclusive manufacturing lots of any public right-of-way created after January 1, Minimum lot size 20,000 sq. ft. dedicated for road 15,000 sq. ft. 15,000 sq. ft. 1974, shall have a purposes or proposed minimum area of 10,000 road purposes sq. ft. Minimum lot width 50 ft. 100 ft. 100 ft. 100 ft. 100 ft. Interior lots 75 ft. 150 ft. 150 ft. 150 ft. 150 ft. Corner lots All buildings and structures shall be limited to a height of 35 feet, except that height limits No building shall exceed Maximum building height 35 ft.* 35 ft.* may be increased one 55 ft. a height at the street line foot for each additional of 8 stories or 100 ft. one foot increase to all of the required building setbacks 10 ft.; 30 ft. when 10 ft.; 30 ft. when 30 ft.; 40 ft. when adjacent to designated adjacent to designated Front yard setback None; see section 16-165 adjacent to designated See section 16-165 thoroughfare. See section thoroughfare. See section thoroughfare 16-165 16-165 None; 10 ft. if adjacent to Equal to height of R None; 10 ft. if adjacent None; 5 ft. if adjacent to Side yard setback building unless otherwise See section 16-165 None; see section 16-165 to R zone; see section R zone permitted by a SUP 16-165 Equal to height of 20% of depth of lot not to Rear yard setback 20 ft. See section 16-165 building; see section 16- None exceed 20 ft. 165 Same as front yard ; see Street side yard setback 10 ft.; see section 16-165 Half of height of building See section 16-165 Same as front yard section 16-165

Same as front yard ; see Street side yard setback 10 ft.; see section 16-165 Half of height of building See section 16-165 Same as front yard section 16-165

30 ft.; same setback applies if parcel abuts an

Setback from residential 100 ft.; see section 16- See section 16-165 See section 16-165 alley separating the 20 ft.; see section 16-165 zoned property 165 parcel from a residential zone; see section 16-165

Maximum lot coverage 40% 40% 50% 70% 70% Maximum floor area ratio 50% 100% 60% 70% 70% 150 ft.; measured at right 150 ft.; measured at right Minimum lot depth 100 ft. 150 ft. angles to the front angles to the front 150 ft. property line property line

• Additional height may be allowed with approval of a SUP.

(Ord. No. 2958, 2985)

SEC. 16-165. SPECIAL REQUIREMENTS SPECIFIC TO C-M, BRP, M-L, M-1, AND M-2.

The purpose of this section is to provide regulations specific to the respective industrial zoning categories as follows.

(A) C-M Zone.

(1) Open storage of materials and equipment shall be permitted in a C-M Zone only when incidental to the use of an office, store, or manufacturing building located

on the front portion of the same lot, and provided that:

(a) Storage is located on the rear one-half of the lot and is confined to an area not to exceed 3,000 square feet;

(b) Storage is completely enclosed by a solid wall or fence with necessary solid gates, not less than six feet in height; and

(c) No material is stored to a height greater than that of the wall or fence enclosing the storage area.

(2) Commercial and light manufacturing lots created after January 1, 1974, shall have a minimum area of 10,000 square feet.

(3) Every building in a C-M Zone shall be so constructed, machinery and equipment shall be so installed and maintained, and activities shall be so conducted, that all noise, vibrations, dust, odor, and other objectionable factors shall be confined or reduced to the extent that no annoyance or injury will result to persons residing in the vicinity. Whenever there is any difficulty in determining the application of these provisions to any specific case, the building official shall make such determination.

(4) Minimum zoning district size composed of contiguous lots, exclusive of streets shall be 20 acres.

(5) Setbacks.

(a) Front. Lots in the C-M Zone having frontage on one side of the street between two intersecting streets need no front yard. If a lot having frontage on one side

of the street between two intersecting streets is located in the C-M Zone and R Zone, the front yard requirement for the R Zone shall apply to the C-M Zone. If a front yard is required in the C-M Zone, the yard shall be landscaped and maintained, except for approved driveways and walkways and no parking shall be permitted in this area.

(b) Side. If a lot in a C-M Zone abuts upon the side of a lot in an R Zone, there shall be a side yard of not less than ten feet. If a reversed comer lot rears upon a

lot in an R Zone, the side yard on the street side of the reversed comer lot shall be not less than 50% of the front yard required on the lots in the rear of such corner lot. In all other cases, a side yard for a C-M building shall not be required. If a street side yard is required in the case of a reversed comer lot, the area shall be landscaped and maintained except for approved driveways and walkways and no parking shall be permitted in this area.

(B) BRP zone.

(1) Architectural design standards.

(a) Metal buildings shall not be permitted.

(b) A minimum of two types of building texture or materials, exclusive of window glazing and frames, shall be provided on all building elevations having exposure

to public streets or residential areas.

(c) All roof structure and mechanical equipment shall be completely screened from abutting public roadways and residential areas. Screening elements shall be

integrated with the main structural and architectural features of the structure.

(2) Site design standards.

(a) No parking areas shall be permitted within 20 feet of any residential zone.

(b) The minimum dimension of the landscape area along any street shall be 30 feet. An average of 30 feet may be approved with approval of a DDR.

(c) All activities shall be conducted within a building except as otherwise permitted by a special use permit.

(3) Landscaping. All landscaping shall be installed and maintained in accordance with the requirements of this chapter. Vegetation sizes and types shall be in

accordance with the adopted guidelines for commercial and industrial projects. In addition to these requirements, the following shall apply.

(a) All parking areas shall be screened from public streets by a minimum 36-inch high landscape berm or a combination of a 36-inch high wall and landscaping.

(b) All backflow prevention systems shall be screened by landscaping.

(c) A minimum of 15% of the lot area shall be landscaped in addition to any required parking lot landscaping.

(4) Utility service and structure.

(a) Where required by the code, all off-site utility service shall be placed underground. All on-site utility service shall be placed underground.

(b) All aboveground utility structures shall be screened on all sides by landscaping or a structural element which matches the architectural features of the primary

structure.

(5) Walls and fences.

(a) A minimum six-foot high wall shall be required where any BRP Zone directly abuts a residential zone. Such a wall may be required on a residential property

line where a BRP Zone lies across a public roadway from a residential zone.

(b) Where required or provided, walls and fences shall be finished in textures and/or colors to match architectural features of the primary structure. Landscaping

shall abut any exterior building wall where there is no penetration for loading or building entry.

(6) Parking and access.

(a) The quantity and size of vehicle parking spaces and the provision of on-site circulation for uses in the BRP Zone shall be in accordance with this chapter.

(b) Curb cuts and site access shall be in accordance with adopted standards.

(c) Parking for marked service vehicles related to the on-site uses shall be provided in addition to and exclusive of required employee parking.

(7) On-site advertising signs. The placement and size of building and monument signs shall be in accordance with this code. Where freestanding signs are

permitted by this code, a monument sign of no more than six feet in height shall be allowed.

(8) Lighting. All on-site lighting systems shall use architectural standards and devices that provide down-lighting and lighting that is shielded from abutting public

streets, residential areas, or adjoining properties.

(9) Refuse enclosures and containment.

(a) All uses on individual lots shall provide refuse containers and enclosures in accordance with adopted public works department standards. All solid masonry or concrete enclosures shall be finished in textures and/or colors to match the major architectural features of the primary structure.

(b) The storage of combustible materials shall not occur within 20 feet of any lot line and shall be separate from the storage of normal refuse.

(c) Access to such storage areas shall be subject to the approval of the fire department.

(d) All refuse containment areas shall be maintained in a sanitary manner and enclosures and gates shall be maintained in good condition.

(10) Loading and outdoor storage areas.

(a) Loading spaces shall be provided in accordance with this chapter.

(b) Where entries or docks are provided exclusively for loading and unloading purposes, such loading dock areas, ramps, and entries shall be screened from any public roadway or residential area by a solid wall or fence, and landscaping. Such wall or fence shall not be less than eight feet in height.

(c) Where permitted, outdoor storage areas shall be enclosed by a solid wall or fence, and landscaping of not less than eight feet in height.

(d) Solid screening and enclosure walls or fences shall be constructed of materials, textures, and colors to match or compliment the architectural features of the

primary structure.

(e) All loading areas or spaces shall be a minimum of 50 feet from any residential zone.

(f) Prior to the issuance of building permits for buildings or structures for uses which do not require a special use permit or other zoning permit as required by this

chapter, an administrative permit for development design review shall be approved by the director pursuant to section 16-525.

(C) M-L Zone.

(1) Front yard setback.

(a) All buildings or structures on property adjacent to a public road shall be set back not less than 20 feet from the property line, or 30 feet when adjacent to

designated thoroughfares, minor thoroughfares, or the proposed property line, if future public road dedication is required, whichever is greater.

(b) Uses permitted in any required front yard setback area shall be limited to pedestrian walks, vehicular access drives, meter pits, signs, and utility manholes.

(2) Side yard setback.

(a) Side yards on interior property lines shall be not less than the height of the building, except that minimum side yards of 50 feet shall be required whenever a

lot or parcel of land in the M-L Zone abuts a lot or parcel of land in a residential zone, or abuts any alley which separates a M-L Zone from any residential zone. The side yard adjacent to the public street shall meet the front yard setback requirements.

(b) A common building wall with a zero setback (except as required in subsection (C)(2)(a) above), may be established by a development plan, which shall

provide documentation describing the exchange and recordation of necessary documents to ensure adequate access, parking, and easements to serve the development.

(3) Rear yard setback. A rear yard shall be not less than the height of the building, except that a minimum rear yard of 50 feet shall be required whenever a lot or

parcel of land in the Limited Manufacturing Zone abuts a lot or parcel in a residential zone or abuts any alley which separates a Limited Manufacturing Zone from any residential zone.

(4) Limitations. Uses permitted in any required side or rear setback area shall be limited to signs, landscaping, parking, loading, and recreation.

(5) Industrial service centers. Limited commercial services within existing or proposed industrial areas to meet the daily needs of industrial employees within their

work area in the restricted amount of time available during the journey to work, breaks, or lunch periods.

(a) Location and size. Locational criteria for establishing industrial service centers are as follows:

1. Such centers shall not be located within one-half-mile of existing commercial services;

2. An industrial service center shall be centrally located in an industrial area, or at a location convenient to industrial employees by means of vehicular and

pedestrian traffic from all portions of the industrial area which it is proposed to serve; and

3. An industrial service center shall be a minimum of one and a maximum of five acres in size. The total area of all industrial service centers in an industrial area

shall not exceed 5% of the designated industrial area unless special circumstances and benefits are shown.

(b) Survey.

1. An application for an industrial service center shall include an objective market survey of the area shall to determine if there is evidence to support the

findings required under subsection (C)(5)(c). The survey shall be conducted by a consultant selected by the director. The applicant shall make a cash deposit in an amount determined by the director. The survey shall be submitted to the special use permit approval body.

2. The survey shall address the ability of an existing or proposed industrial area to support an industrial service center.

3. A questionnaire shall be prepared and distributed to a cross-section of employees to reflect the needs and desires of the employees of the industrial area

where an industrial service center is proposed.

(c) Findings. In order to grant a special use permit for an industrial service center, the approval body must find that:

1. The proposed services will assist in meeting the daily needs of employees within their work area;

2. The proposed services will be subordinate to the primary purpose of the adjacent industrial zone;

3. The proposed commercial uses will not conflict with the commercial service uses of neighboring commercial zones; and

4. The proposed location of the industrial service center has the necessary industrial improvements to support the center.

(6) Walls.

(a) The placement, design, and detail of walls shall be included and indicated on any required project plan.

(b) A six-foot solid decorative masonry wall or other type of visual buffering such as landscaping, architectural treatment, or a combination thereof, shall be

provided and maintained on the boundary of the M-L Zone which abuts or is across a public street or alley from a residential zone. Such wall or visual buffering shall be placed in the location shown on the approved project plan to provide the necessary screening from the public right-of-way.

(7) Access. Access to property shall typically be provided from dedicated industrial collector streets 74 feet in width, to provide access from a major thoroughfare or

private street. A master circulation plan must be submitted and approved in compliance with adopted city policies. Curb cuts to the property shall be a minimum of 30 feet in width, except as otherwise approved by a master circulation plan, and shall be located in conformance with the adopted city curb cut policies.

(8) Landscaping.

(a) The landscaping requirements are intended to enhance and conserve property values by encouraging a pleasant and attractive environment.

(b) Landscaped areas shall be considered to be areas of lawn, trees, planter boxes, shrubs, or other planted areas. Courtyards, water ponds, fountains, decks,

kiosks, walkways, and similar items may be permitted as part of the landscaped area in the discretion of the planning commission.

(c) All landscaping shall be provided in accordance with the following standards.

1. A landscape plan shall be required.

2. The entire required front yard setback shall be landscaped, with the exception of that area provided for vehicles or pedestrian access.

   3. When the development is either behind or beside a residential zone, or abuts an alley across from residential zone, or abuts developed residential property,

there shall be a landscaped area adjacent to that residential or developed property line. The landscaped area shall have a depth of not less than 15 feet. Plant materials used for screening purposes shall consist of compact evergreen plants, together with evergreen trees. They shall be of a kind or used in such a manner so as to provide an opaque screen within 18 months after initial installation.

4. All parking lot landscaping shall be in conformance with this code.

(9) Underground utilities, lighting, trash enclosures, tanks, transformers, and the like.

(a) All trash enclosures, lighting, utility lines, including, but not limited to, electric, communication, street lighting, and cable television, shall be installed in

accordance with this code.

(b) Appurtenances and associated equipment, including, but not limited to, tanks, air conditioning units, surface-mounted transformers, pedestal-mounted

terminal boxes, meter cabinets, and concealed ducts in an underground system, may be placed above ground if approved as part of the project plan and provided that such facilities are adequately screened by landscaping or other means.

(10) Certificate of occupancy.

(a) Application for a certificate of occupancy shall be made for any new use, except for the adult businesses referred to in section16-337 or expansion of land or buildings permitted in subsection (D)(2). The building official may issue the certificate only after approval of the new buildings and use by the director.

(b) Any subsequent modification, change, or changes in the use permitted by a certificate of occupancy shall occur only after the holder of such certificate has

obtained an amendment from the building official and director allowing such change or changes.

(c) A Certificate of Occupancy for a use of the land in the M-L zone may be revoked by the city council after a public hearing, if the city council finds that the

holder of the certificate has failed to comply with the approved special use permit.

(D) M-1 Zone.

(1) Industrial service centers may be established pursuant to the provisions of subsection (C)(5).

(2) A change or minor expansion of an existing use may not be changed to a permitted use to be located in an existing structure until the Planning and

Environmental Services Manager determines that the proposed use is compatible with the zone. All uses shall be subject to the performance standards of this Division. However, this Subsection shall not apply to adult businesses or to the change of an existing use to an adult business to be located in an existing structure.

(3) Setback requirements.

(a) Front yard setback.

1. All buildings or structures on property adjacent to a public road shall be set back not less than 10 feet from the property line, or 30 feet when adjacent to

designated thoroughfares, minor thoroughfares, or the proposed property line, if future public road dedication is required, whichever is greater.

2. Pedestrian walks, vehicular access drives, meter pits, signs, and utility manholes may be located in any required front yard.

(b) Side yard setback.

1. No side yard setback shall be required along interior property lines where the abutting zoning is M-1 or M-2. Whenever a lot or parcel of land in the Light

Manufacturing Zone abuts a lot or parcel of land in a residential zone or abuts an alley which separates a Light Manufacturing Zone from any residential zone, the setback requirement for the residential zone shall apply. The side yard adjacent to a public street shall meet the front yard setback requirements.

2. A common building wall with a zero setback may be established by a project plan which shall provide documentation describing the exchange and

recordation of necessary documents to ensure adequate access, parking, and easements to serve the development.

(c) Rear yard setback. A rear yard shall be not less than the height of the building, except that a minimum rear yard of 30 feet shall be required whenever a lot or

parcel of land in the Light Manufacturing Zone abuts a lot or parcel in a residential zone or abuts an alley which separates a Light Manufacturing Zone from any residential zone.

(d) Uses permitted in required setback areas. Uses permitted in any required front setback area shall be limited to signs and landscaping. Uses permitted in any other required setback area shall be limited to signs, parking, landscaping, recreational, loading, and outside storage uses, where such storage is adequately screened and approved by a special use permit.

(4) Walls.

(a) The placement, design, and detail of walls shall be included and indicated on any required project plan.

(b) A six-foot solid decorative masonry wall or other type of visual buffering, such as landscaping, architectural treatment, or combination thereof, shall be

provided and maintained on the boundary of the Light Manufacturing Zone which abuts or is across a public street or alley from a residential zone. On the front or side front portion of the property, the wall or visual buffering shall be placed in a location as shown on the approved project plan to provide the necessary screening from the public right-of-way.

(5) Access.

(a) Access to property shall typically be provided from dedicated industrial collector streets 74 feet in width, to provide access from a major thoroughfare or private

street. A master circulation plan must be submitted and approved in compliance with adopted city policies.

(b) Curb cuts to the property shall be a minimum of 30 feet in width, except as otherwise approved by a master circulation plan, and shall be located in

conformance with the adopted city curb cut policies.

(6) Landscaping.

(a) The purpose of the landscaping requirements shall be to enhance, conserve, and stabilize property values by encouraging a pleasant and attractive

environment. Landscaped areas shall be considered those areas of lawn, trees, planter boxes, shrubs, or other plants. Courtyards, water ponds, fountains, decks, kiosks, walkways, and similar areas may be permitted as part of the landscaped area in the discretion of the planning commission.

(b) All landscaping shall be provided in accordance with the following standards.

1. A landscape plan shall be required.

2. The entire front yard setback shall be landscaped, with the exception of that area provided for vehicle or pedestrian access.

3. When the industrial development is either behind or beside a residential zone, or where the Light Manufacturing Zone abuts an alley or developed property,

there shall be a landscaped area adjacent to that residential or developed property line. The landscaped area shall have a depth of not less than ten feet. Plant materials used for the screen shall consist of compact evergreen plants, together with evergreen trees. They shall be of a kind or used in such a manner so as to provide an opaque screen within 18 months after initial installation.

(7) Underground utilities, lighting, and trash enclosures.

(a) All trash enclosures, on-site lighting, and utility lines, including, but not limited to, electric, communication, street lighting, and cable television, shall be

installed in accordance with this code.

(b) Appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts in an underground system, may be placed above ground if approved as part of the project plan and provided that such facilities are adequately screened by landscaping or other means.

(8) Certificate of occupancy.

(a) Application for a certificate of occupancy shall be made for any new use, except the adult businesses referred to in section16-337 or expansion of land or

buildings permitted in subsection (D)(2). The building official may issue the certificate only after approval of the new buildings and uses by the director. Any subsequent modification, change, or changes in the use permitted by a certificate of occupancy shall occur only after the holder of such certificate has obtained an amendment from the building official and director allowing such change or changes.

(b) A certificate of occupancy for a use of the land in the M-1 Zone may be revoked by the city council after a public hearing, if the city council finds that the holder

of the certificate has failed to comply with the approved special use permit.

(E) M-2 Zone.

(1) Setback requirements.

(a) Front yard setback. Where all the frontage on one side of the street between two intersecting streets is located in an M-2 Zone, no front yard shall be required.

Where frontage on one side of the street between two intersecting streets is located in an M-2 Zone and an R Zone, the front yard requirement in the R Zone shall apply to the M-2 Zone.

(b) Side yard setback. Where a lot in an M-2 Zone abuts the side of a lot in any R Zone, there shall be a side yard of not less than five feet. In all other cases, a

side yard for a commercial or industrial building shall not be required.

(c) Rear yard setback. No rear yard shall be required except where an M-2 Zone abuts an R Zone, in which case there shall be a rear yard of not less than 20

feet.

(Ord. No. 2958, 2985)

SEC. 16-166. PERFORMANCE STANDARDS; GENERAL.

(A) All uses in the industrial zones are subject to performance standards as indicated below in section16-168.

(B) The property owner (designee) shall ensure compliance with the performance standards, with the exception of adult businesses referred to in section16-163, except as an approved permit may warrant, and/or except as otherwise provided for in this division or other section.

(C) More restrictive performance standards or regulations enacted by an authorized governmental or regulatory agency having jurisdiction of such matters shall take precedence over the provisions of these regulations.

(Ord. No. 2958, 2985)

SEC. 16-167. EXCEPTIONS.

(A) These performance standards do not apply to unexpected brief periods where these standards are exceeded based upon a reasonable cause, such as equipment testing, breakdown of equipment, modification or cleaning of equipment, or other similar reason.

(B) These performance standards shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified.

(C) These performance standards shall not apply to agricultural activities, food processing, and similar agricultural related uses.

(Ord. No. 2958, 2985)

SEC. 16-168. PERFORMANCE STANDARDS; SPECIFIC.

Performance Standards Industrial Zones: CM, BRP, M-L, M-1, and M-2

Performance Standards Industrial Zones: CM, BRP, M-L, M-1, and M-2

Baffling or muffling devices or other precautionary means shall be employed with processes or operations Noise causing objectionable noise characteristics to prevent their being objectionable when measured at the property line during normal operation. Noise levels are required to comply with Chapter 7 of this code. Visible emissions of smoke shall not exceed Ringlemann No. 1 on the Ringlemann Chart of the U.S. Bureau of Mines, except for exhausts emitted by motor vehicles or other transportation facilities. This Smoke and particulates requirement shall also be applicable to the disposal of trash and waste materials. Windborne dust, dirt, fly ash, airborne solids, sprays, and mists (except water vapor) originating from any use shall be required to be conditioned and/or mitigated to below the Ringlemann No. 1 level. Toxic gases or noxious matter which can cause any damage to health, animals, vegetation, or other forms Toxic or noxious matter of property, or which can cause any excessive soiling beyond the property lines of the use shall not be permitted. Operations, processes, or products shall not emit odors that are detectable at any point beyond the Odors property lines of the use, except as otherwise exempted by section 16-167 (Exceptions). Any operation producing intense glare or heat shall be performed within an enclosed or screened area in Glare or heat such a manner that the glare or heat emitted will not be detectable from the property lines of the use. Every use shall be operated so that the ground vibration generated by the use is not harmful or injurious Vibration to any surrounding properties. No perceptible vibration (seen or felt without vibration detecting instruments) shall be permitted at any point beyond the property lines of the use. Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances thereof) as assigned by the appropriate governmental agency. Subject to such Electricity and radioactivity exception, such transmitters shall be suitably wired, shielded, and controlled so that in operation they shall not emit any electrical impulses or waves beyond the lot lines which shall adversely affect the operation and control of any domestic household equipment or any other electronic devices and equipment. Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply, nor to interfere with bacterial processes in sewage treatment. Such operations and uses shall comply with, and in some cases shall obtain all Liquid and solid wastes required permits by authorized governmental health and safety regulatory agencies having jurisdiction over such disposal activities. The disposal or dumping of solid wastes, such as slag, paper or fiber wastes, or other industrial wastes, shall not be permitted for any use. (A) All activities involving the use or storage of combustible, flammable, or explosive materials shall be in compliance with nationally recognized standards, and shall be provided with adequate firefighting and fire- Fire and explosive hazards suppression equipment and devices in compliance with the current edition of the National Fire Protection Association regulations and in compliance with the city fire department. (B) Burning of waste materials in open fires is prohibited by State law. All mechanical and electrical equipment, including ground mounted equipment shall be completely screened behind a permanent structure or landscaping. All rooftop mechanical and electrical equipment Mechanical equipment shall be placed behind a permanent parapet screen or wall and shall be completely screened from any adjacent public street view except as otherwise permitted by project conditions of approval.

(Ord. No. 2958)

SEC. 16-169. INDUSTRIAL ACCESSORY USES: PURPOSE AND INTENT.

The purpose of the following sections is to provide guidance and regulation concerning activities associated with industrial or manufacturing uses, which by their nature could be considered permitted or principal uses in other zones, but which are typically incidental to the principal industrial use.

(Ord. No. 2958, 2985)

SEC. 16-170. INDUSTRIAL ACCESSORY USES: OFFICE USES.

Office uses as a principal use are permitted as indicated in section 16-163. Office uses in support of the principal industrial use in M-L, M-1, and M-2 zones are permitted as follows.

(A) In any freestanding building or divisible space, no more than 25% of the total gross floor area of any single or multi-tenant building shall be office area.

(B) Office areas above the 25% threshold may be permitted subject to the approval of a DDR permit. The city may require traffic and/or parking studies to determine the appropriateness of permitting office areas in excess of 25%.

(Ord. No. 2958, 2985)

SEC. 16-171. INDUSTRIAL ACCESSORY USES: COMMERCIAL AND RETAIL USES.

Commercial and retail activities in industrial zones shall be limited to those types of uses, which by the size of the product offered or the care and handling of products, requires a significant allocation of space for product display and mechanical handling, or products and goods that are typically marketed to other industrial types of users and services.

(A) Types of commercial products and services are limited to the following:

(1) Electrical, paint, and plumbing supply;

(2) Janitorial, building, and property maintenance services, and equipment sales and rental;

(3) Construction and agricultural equipment sales, rental, and service;

(4) Medium and heavy-duty trucks sales, rental, and service;

(5) Hardware in association with lumber and building material sales;

(6) Spas, hot tubs, and prefabricated pools;

(7) Flooring, surfaces, and cabinet sales;

(8) Equipment, truck, trailer, and light vehicle rental;

(9) Recreational vehicles and watercraft sales, service, and rental;

(10) Restaurants, cafes, coffee shops, printing services, and similar uses intended to primarily serve the businesses and employees of adjacent industrial areas;

(11) Breweries and associated food service, winery tasting rooms, and similar uses as determined by the planning manager; and

(12) Similar types of uses and activities as determined by the planning manager.

(B) Permit requirements. The uses identified in subsection (A) above are subject to the permit requirements in section16-163.

(Ord. No. 2958, 2985)

SEC. 16-172. INDUSTRIAL ACCESSORY USES: OUTDOOR USES AND STORAGE/EQUIPMENT.

(A) The guidance for outdoor uses and equipment and storage is provided by the purpose and intent of the respective industrial zoning categories as follows.

(1) C-M, BRP, and M-L zones.

(a) Outdoor equipment is limited to that which is essential to the principal use and which cannot be reasonably accommodated within the associated structure due

to the physical characteristics of the equipment, or prohibited by other applicable regulations.

(b) Permit requirements. Outdoor equipment may be permitted by the review and approval of a DDR permit or permit modification as may be applicable.

(c) Outdoor areas shall be fully screened from view based upon the performance standards identified in section16-168.

(2) M-1 zone.

(a) Except as maybe permitted by a special use permit, outdoor uses in the M-1 Zone are limited to:

1. Outdoor equipment as described in subsection (A)(1);

2. Storage of materials directly related to the principal industrial use, provided it is screened and secured as provided for herein;

3. Parking of operative commercial vehicles, including automobiles, bearing identification of the associated business; and

4. Outdoor industrial activities, such as the manufacture, processing, or assembly of goods, raw materials, or equipment is not permitted.

(b) Permit requirements. Outdoor equipment and storage as identified above may be permitted by the review and approval of a DDR permit or permit modification

as applicable.

(3) M-2 Zone.

(a) Outdoor storage, equipment and assembly, maintenance, processing, and similar activities, may be permitted in the M-2 Zone subject to the following

provisions.

(b) Permit requirements. Except where a special use permit is required by section 16-163, the following permits apply to outdoor uses in the M-2 Zone.

1. Incidental outdoor equipment or storage: DDR permit or permit modification as applicable.

2. Active manufacturing, assembly, storage, or processing: DDR permit.

(c) Standards applicable to outdoor uses and equipment.

(1) All outdoor equipment and storage areas shall be screened and secured by walls, fences, and gates. Where incidental outdoor equipment is proposed, the

equipment may be painted to match the related structure and protected from damage by means other than walls and gates. Tanks and equipment made of stainless steel and similar material need not be painted.

(2) All storage areas shall be screened by a wall or opaque fence no less than six feet in height at any given point.

(3) All outdoor storage and active industrial activities in the M-2 Zone shall be screened by a wall or opaque fence of no less than eight feet in height at any given

point.

(Ord. No. 2958, 2985)

SEC. 16-173. DEVELOPMENT DESIGN REVIEW PERMIT REQUIRED FOR SPECIFIC COMMERCIAL CANNABIS ACTIVITIES.

(A) A commercial cannabis business for cultivating, manufacturing, testing and/or distribution of cannabis may be permitted in the business and research park (BRP) zone, the limited manufacturing (M-L) zone, the light manufacturing (M-l) zone, and the heavy manufacturing (M-2) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a development design review (DDR) permit.

(B) A commercial cannabis business for retail uses may be permitted in the business and research park (BRP) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit.

(C) A commercial cannabis business for retail uses may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit (SUP). A commercial cannabis business for cultivating, manufacturing, testing and/or distribution of cannabis may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a development design review (DDR) permit.

(Ord. No. 2965, 2972, 2985, 3032)

DIVISION 12. (RESERVED)

Editor’s note:

Division 12 was repealed by Ord. No. 2958, adopted April 2, 2019. Division 12 related to the BRP Business and Research Park Zone, and the sections thereunder were derived from Ord. Code §§ 36-5.3.136-5.3.8 and Ord. Nos. 1996, 2129, 2282, 2313, 2335, 2377, 2878, 2896, and 2929. All Industrial Zone regulations are now contained in Division 11.

DIVISION 13. (RESERVED)

Editor’s note:

Division 13 was repealed by Ord. No. 2958, adopted April 2, 2019. Division 13 related to the M-L Limited Manufacturing Zone, and the sections thereunder were derived from Ord. Code §§ 34-87, 34-88, 34-88.1, 34-8934-89.4, 34-9034-90.5, 34-90.834-90.11, 34-9134-91.11, and 34-92, and Ord. Nos. 1867, 1922, 1941, 2313, 2335, 2718, 2727, 2864, 2928, and 2929. All Industrial Zone regulations are now contained in Division 11.

DIVISION 14. (RESERVED)

Editor’s note:

Division 14 was repealed by Ord. No. 2958, adopted April 2, 2019. Division 14 related to the M-1 Light Manufacturing Zone, and the sections thereunder were derived from Ord. Code §§ 34-94, 34-95, 34-95.1, 34-9634-96.4, 34-9734-97.5, 34-97.834-97.11, 37-98, 34-98.1, and 34-99, and Ord. Nos. 1867, 1922, 1941, 2313, 2580, 2644, 2680, 2727, 2929. All Industrial Zone regulations are now contained in Division 11.

DIVISION 15. (RESERVED)

Editor’s note:

Division 15 was repealed by Ord. No. 2958, adopted April 2, 2019. Division 15 related to the M-2 Heavy Manufacturing Zone, and the sections thereunder were derived from Ord. Code §§ 34-100, 34-101, and 34-10234-102.3, and Ord. Nos. 1867, 2580, 2864, and 2929. All Industrial Zone regulations are now contained in