SUBJECT: TEXT AMENDMENT 97-4

PURPOSE: TO REVISE THE M-1 LIGHT MANUFACTURING PERMITTED USE LIST

 

Planning Commission Recommendation

To introduce the attached amendment to the Zoning Ordinance adding additional uses to the M-1 Zone permitted use list as set forth in the attached Resolution.

Background

This text amendment is a follow up to Special Study 97-2, which examined the status of existing land uses in the remaining inconsistently zoned 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, since the zoning is M-1 and the General Plan designation is Medium Density Residential. The City Council previously considered adding a new zoning category as a special overlay zone designation to achieve consistency while maintaining certain commercial uses in the M-1 district, but instead decided to amend the permitted use list.

At their February 17, 1999, the Planning Commission adopted a Resolution recommending amending the permitted use list to include additional permitted uses.

Analysis

The current M-1 permitted use list, established in 1986, is limited to specific manufacturing and wholesale business classifications, which intentionally precluded many other potential uses (i.e., heavy manufacturing, and commercial uses such as auto body repair or auto repair) in order to encourage this district to be a location for small scale light manufacturing uses. Because of the proximity of residential uses, the area was not seen as appropriate for any heavier industrial uses, and other locations were seen as more appropriate for service commercial uses (See attached Comparison Chart for current and proposed uses).

Little has changed in the area since 1986 relative to land use though some building have been improved and the uses that were made nonconforming (auto repair and body repair) with adoption of the current M-1 permitted use list have been maintained. ¹ A transition to an exclusive manufacturing district has not occurred, and it appears that the pre-existing nonconforming businesses are thriving and provide a service to the community.

The proposed new permitted use list contains generic categories to make the list more inclusive, flexible, and easier to administer. ² In addition, automotive uses are included (with a CUP), a broader category has been added for wholesale distribution, and the list would specifically include studios for artists, and studios for audio or video recording. Also, the proposed amendment would eliminate any reference to new locations for oil and gas development consistent with the City’s initiative relative to oil production facilities.

Notes

¹ Except where replaced by residential uses along Ardmore Avenue.

² Staff reviewed several other cities M-1 use lists, and the proposed classification scheme is similar to the system used in the City of Santa Monica’s Zoning Code.

 

 

ORDINANCE 99-

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO 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 regarding 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 July 27, 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, 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

 

 

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: Apparel Audio/Visual products Awnings Bakery Products Coated, plated and engraved metal products Communications Equipment Confectionery and related products Diecut paper, paperboard, cardboard, 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 Machinery equipment and supplies, except farm machinery 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 (including surfboards) Wooden containers	P
Wholesale distribution of the products and materials listed above, and including the following: Packaged groceries and related products	P
Warehousing and storage including self-storage mini warehouses	P

 

3. Add 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 27th day of July, 1999, by the following vote:

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