SUBJECT: SPECIAL STUDY 97-2

TEXT AMENDMENT 97-3

PURPOSE: TO CONSIDER CREATING A NEW GENERAL PLAN AND ZONING DESIGNATION: "COMMERCIAL/MANUFACTURING OVERLAY"

TO RESOLVE THE GENERAL PLAN AND ZONING MAP INCONSISTENCIES FOR THE PROPERTIES ALONG ARDMORE AVENUE BETWEEN FIRST PLACE AND FIFTH STREET DESIGNATED MEDIUM DENSITY RESIDENTIAL AND ZONED M-1 (LIGHT MANUFACTURING)

INITIATED BY THE CITY COUNCIL

Planning Commission and Staff Recommendations

1. Amend the General Plan text to add a new category of Neighborhood Commercial-Manufacturing (CM) as a special overlay designation.
   
2. Amend the Zoning Ordinance to add a Neighborhood Commercial Manufacturing Overlay Zone (CM).
   
3. Direct staff to set a public hearing (after the text amendments become effective) to change the primary zoning of the subject properties to R-2 (Two-Family Residential) and apply the CM overlay designation on the General Plan and Zoning maps.

Background

At their meeting of September 16, 1997, the Planning Commission recommended the subject amendments.

Previously the City Council directed staff to review the status of existing land uses in the remaining inconsistent areas located along the east side of Ardmore Avenue between 1st Place and 5th Street. The subject area is one of the identified inconsistent areas (Area 9) in the Land Use Element of the General Plan. Pursuant to the 1994 revisions to the Land Use Element the inconsistency was recommended to be resolved by rezoning the subject properties to R-2. Please refer to the 5/13/97 City Council staff report for further background.

At their meeting of May 29, 1997, the City Council directed staff to change the primary zone to residential with a commercial-manufacturing overlay.

Analysis

The City Council direction to consider a commercial-manufacturing overlay both for the General Plan and Zoning designations was because existing commercial and manufacturing uses on 8 of the 14 lots would become nonconforming if the properties were rezoned to R-2. The Council received testimony from one of the property owners (Robert Catalano) who presented his situation where an existing manufacturing use at 322 Ardmore cannot be modified to a conditionally permitted M-1 use. Even with the M-1 zoning, he was unable to obtain the C.U.P. because of the inconsistent General Plan designation.

The proposed amendments are summarized as follows:

1. Add a new General Plan land use category titled Neighborhood Commercial-Manufacturing (CM) as a special overlay designation described as follows:

"Neighborhood Commercial-Manufacturing (CM ) Special overlay designation expanding uses to include neighborhood compatible small commercial and manufacturing uses that are otherwise precluded by the primary or base General Plan designation."

2. Add a new zone titled Neighborhood Commercial Manufacturing Overlay Zone (CM) to permit neighborhood commercial and manufacturing uses as listed in the C-1 and M-1 zones subject to the approval of a Conditional Use Permit. Development standards will also refer to the standards of the C-1 and M-1 zones.

3. Rezone the subject properties to R-2 and to apply the newly created General Plan and Zoning overlay designations by including an annotation on the official maps of "(CM)" next to the base MD designation on the General Plan Map, and next to the primary R-2 designation on the Zoning Map. Making these changes on the General Plan and Zoning maps to these specific will require a noticed public hearing, with noticing provided to all affected property owners and occupants.

Alternative Recommendation

Maintain the M-1 zoning designation for the subject properties and direct staff to modify the M-1 permitted use list to eliminate the need for the C.U.P. requirement for machine shops or similar uses.1. By modifying the permitted use list in this manner some of the existing non-conforming uses or other uses (as specified by Council) would be permitted without the need for discretionary action by the Planning Commission or establishment of the proposed overlay zone. The Medium Density General Plan designation would remain unchanged, and rezoning to R-2 could be implemented only when petitioned by propery owners.

1. Some of the existing affected properties include a machine shop and various auto repair or auto body shops. The list of permitted uses could be expanded to incorporate some or all of these and other appropriate uses, eliminating the need for a discretionary C.U.P. approval which cannot be obtained where the General Plan and Zoning designations are inconsistent.

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ORDINANCE 97-

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO, TO AMEND THE GENERAL PLAN DESIGNATION AND TO AMEND THE ZONING ORDINANCE TO ADD A COMMERCIAL MANUFACTURING OVERLAY ZONE

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

Section 1. The City Council initiated consideration of the subject General Plan Amendment and Zone Change as a method to create and expand opportunities for existing neighborhood commercial or light manufacturing uses, otherwise located in predominantly residential neighborhoods, to be upgraded or modified as a commercial or manufacturing use, or to be converted to a residential use.

Section 2. The Planning Commission held a duly noticed public hearing on September 16, 1997, at which the Commission heard and considered written and oral testimony regarding the requested General Plan Amendment and Zoning Ordinance Amendment. In P.C. Resolution No. 97-59, the Commission recommended approval of the General Plan Amendment and ZonIng Ordinance Amendment.

Section 3. By virtue of California Government Code Sections 65356 and 65853 the Planning Commission recommendation regarding the General Plan Amendment and Zoning Ordinance Amendment automatically goes to the City Council for its consideration.

Section 4. The City Council conducted a duly noticed de novo public hearing to consider the General Plan Amendment and Zone Ordinance Amendment and the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council.

Section 5. Based on the evidence considered at the public hearing, the City Council makes the following findings on the proposed General Plan Amendment and Zoning Ordinance Amendment:

1. Establishing a commercial-manufacturing overlay designation will create and expand opportunities for existing neighborhood commercial or light manufacturing uses, otherwise located in predominantly residential neighborhoods, to be upgraded or modified as a commercial or manufacturing use, or, to be converted to a residential use;
2. The overlay designation can be used to identify and designate unique districts in the City which historically have developed with a compatible and livable mix of commercial, manufacturing and residential uses, and where it may be desirable to continue this mix of uses while giving property owners multiple options for both the short and long-term use of their property;
3. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that the modification to the text may have a significant effect on the environment since it is an "overlay" zone that has no force and effect until the designation is actually applied to a specific location. Application of the subject overlay zone in any specific location, however, will require an environmental assessment pursuant to the requirements of CEQA

Section 6. Based on the foregoing findings, the City Council hereby ordains that the General Plan Amendment be amended to add the following land use category to the Land Use Element of the General Plan, Volume I, page 27:
"Commercial-Manufacturing Overlay: Special overlay designation expanding uses to include neighborhood compatible small commercial and manufacturing uses that are otherwise precluded by the primary or base General Plan designation."Section 7. Based on the foregoing findings and to implement the amendment to the General Plan, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended to add the following new Chapter 17.37
"Chapter 17.37;NEIGHBORHOOD COMMERCIAL-MANUFACTURING OVERLAY ZONE17.37.010 Intent and Purpose.A special overlay designation expanding potential uses to include neighborhood compatible small commercial and manufacturing uses which are otherwise precluded by the primary or base Zoning district.
17.37.020 Permitted UsesIn addition to the uses permitted in the underlying or primary zone, the following uses may be permitted subject to the issuance of a Conditional Use Permit:
C-1 permitted and conditionally permitted uses, pursuant to Chapter 17.26M-1 permitted and conditionally permitted uses pursuant to Chapter 17.28
17.37.030 Continuation of Existing Commercial or Manufacturing Uses.Existing commercial or manufacturing uses may be continued indefinitely and shall not be required to obtain a Conditional Use Permit pursuant to Section 17.37.020, and may be converted to another similar use, as long as the succeeding use is no more intense, without a Conditional Use Permit.
17.37.040 Use and Development StandardsDevelopment standards for C-1 or M-1 uses shall be as set forth in the corresponding C-1 or M-1 zoning district, except that the maximum building height shall be 30 feet."Section 8. 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 9. 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 10. 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 9th day of December by the following vote:

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