ORDINANCE NO. 99-1193 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE, CHAPTER 17.28, WITH RESPECT TO USES PERMITTED AND CONDITIONALLY PERMITTED IN THE M-1 ZONE."

 

Submitted for adoption and waiver of full reading is Ordinance No. 99-1193 , relating to the above subject.

 

At the meeting of August 10, 1999, the ordinance was presented to Council for consideration and was amended to eliminate storage uses and to add a conditional use permit requirement to the following uses: 1) coated, plated and engraved metal products; 2) diecut paper, paperboard and cardboard; 3) machinery equipment and supplies; and 4) surfboards. The ordinance, as amended, was then introduced by the following vote:

 

AYES: Bowler, Edgerton, Mayor Oakes

NOES: None

ABSENT: Benz, Reviczky

ABSTAIN: None

 

 

ORDINANCE  NO.  99-1193

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE, CHAPTER 17.28, WITH RESPECT TO USES PERMITTED AND CONDITIONALLY PERMITTED IN THE M-1 ZONE

 

The City Council of the City of Hermosa Beach does hereby resolve and order as follows:

 

Section 1 . The Planning Commission held a duly noticed public hearing on February 17, 1998, to consider amendments to the Zoning Ordinance to consider modifications to the M-1 zone permitted use list, at which testimony and evidence, both written and oral, was presented to and considered by the Commission.

 

Section 2 . The City Council conducted a duly noticed public hearing on August 10, 1999 to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council.

 

Section 3 . Based on the evidence considered at the public hearing, the City Council makes the following findings:

1. The list of M-1 permitted and conditionally permitted uses needs to be revised and updated to reflect current trends, simplified into descriptive and generic categories where possible, and made more flexible to encourage re-investment in the limited M-1 districts within the city;

 

2. The types and number of uses that are conditionally permitted through a Conditional Use Permit result in an unnecessary burden on some businesses which typically have little or no impact; which are compatible with surrounding manufacturing uses, and which are already subject to existing general laws in the City’s Municipal Code and pursuant to State Law which purpose is to protect the health, safety, and welfare of the public from the impact of such activity;

 

Section 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zoning, Chapter 17.28, be amended as follows:

 

1. Amend Section 17.28.010 to read as follows

" 17.28.010. Specific Purposes

In addition to the general purposes listed in Chapter 17.02 the specific purposes of the Light Manufacturing zone is to:

A. Provide appropriately located areas consistent with the General Plan for a range of light manufacturing and warehousing and distribution uses and certain appropriate service commercial uses.

B. Strengthen the city’s economic base and employment base, but also protect existing small businesses that serve and employ city residents.

C. Create and maintain suitable environments for various types of manufacturing and compatible uses, and protect them from the adverse effects of inharmonious uses.

D. Minimize the impact of development in the M-1 zone on adjacent residential districts.

E. Ensure that the appearance and effects of manufacturing and commercial buildings in the M-1 zone are harmonious with the character of the area which they are located.

F. Ensure the provision of adequate off-street parking and loading facilities."

 

2. Amend Section 17.28.020 to read as follows:

" Sec. 17.28.020 Permitted Uses

In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a Conditional Use Permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code.

 

M-1 ZONE, LAND USE REGULATIONS

P = Permitted

U = C.U.P. Required (See Chapter 17.40)

 

USE		See Section
Administrative offices accessory to a primary permitted use (listed below), not exceeding twenty-five percent of the gross floor area	P
Artist studio	P
Audio/Visual recording studio	P
Motor Vehicle and equipment service:
General repair, service, installation of parts and accessories	U	Chapter 17.40
Body repair and painting	U	Chapter 17.40
Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials: Coated, plated and engraved metal products Diecut paper, paperboard, cardboard Machinery Equipment and supplies Surfboards	U	Chapter 17.40
Manufacturing, fabrication, assembly, testing, repair, servicing and processing of the following products and materials Apparel Audio/Visual products Awnings Bakery Products Communications Equipment Confectionery and related products Electronic components, computers, and accessories Electric lighting and wiring equipment Stone and cut stone products Furniture and fixtures Glass products Household tools and hardware Jewelry, silverware, and plated ware Luggage Motor vehicle parts and accessories Musical instruments and parts Office and household machines and appliances Office products Paperboard containers and boxes Pharmaceutical Products Photographic and optical goods, watches and clocks Hardware, plumbing, heating equipment and supplies Pottery and related products Professional, scientific and controlling instruments Toys, amusements, sporting and athletic goods (excluding surfboards) Wooden containers	P
Wholesale distribution of the products and materials listed above, and including the following: Packaged groceries and related products	P
Warehousing	P

 

3. Add Section 17.28.025 to read as follows:

" Section 17.28.025. Similar Use Permitted

When a use is not specifically listed in this Chapter, it shall be understood that the use may be permitted if it is determined by the Community Development Director that the use is similar to other uses listed.

It is further recognized that every conceivable use cannot be identified in this Article, and anticipating that new uses will evolve over time, this Section establishes the Community Development Director with the authority to compare a proposed use and measure it against those listed for determining similarity subject to confirmation by the City Council.

In determining similarity the Director shall make all of the following findings:

A. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the General Plan

B. The proposed use shall meet the stated purpose and general intent of the zone in the which the use is proposed to be located;

C. The proposed use shall not adversely impact the public health, safety and general welfare of the City’s residents; and

D. The proposed use shall share characteristics common with, and not be of greater intensity, density or general more environmental impact, than those uses listed in the zone in which it is to be located."

E. The determination that the proposed used is similar must be confirmed by the City Council."

 

Section 5. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

 

Section 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law.

 

Section 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

 

PASSED, APPROVED and ADOPTED this 14th day of September, 1999, by the following vote:

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