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O1800 ORDINANCE NUMBER JaQQ (CITY COUNCIL S_ERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO CREATE THE LIGHT MANUFACTURING AND STUDIO DISTRICT WHEREAS, the Planning Commission adopted a Resolution of Intention to amend the development standards and permitted uses in the commercial districts of the City; and WHEREAS, the Planning Commission held a public hearing on the Light Manufacturing and Studio District and made recommendations to the City Council following the hearing; and WHEREAS, the City Council held a public hearing on the Light Manufacturing and Studio District; and WHEREAS, the City Council approved a motion to adopt the proposed zoning standards for the Light Manufacturing and Studio District following the public hearing; and WHEREAS, the City Council finds and declares that the proposed amendment to establish the LMS District in portions of the former Ml and C5 districts is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that, consistent with Land Use and Circulation Element Policies for the Special Office District and Objective 1.8, the development standards and permitted uses designated for the LMS 1 District further the goal of accommodating advanced technology uses which require large floor area, while recognizing that the goal of accommodati~g large scale general office development has been accomplished through retaining designated parcels subject to development agreements in C5 zoning designations and consistent with Objective 1.9, the development standards and permitted uses designated for the LMS District further the goal of preserving existing and accommodating future industrial and manufacturing uses in the area: and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the Light Manufacturing and Studio District standards set appropriate limits to non-residential development in the area, in order to allow non-residential growth in amounts sufficient to keep the city fiscally sound, and at a level that will protect the health and welfare of city residents and maintain quality of life standards, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Part 9.04.08.35 is added to the Municipal Code to read as follows: Part 9.04.08.35 LMSD - Light Manufacturing and Studio District 9.04.08.35.010 Purpose. The Light Manufacturing and Studio District is intended to preserve existing light industrial uses, provide a location for studio-related uses such as film and music production and post production facilities uses, and provide opportunities for artist studio live/work residential 2 development. The Light Manufacturing and Studio District is also designed to accommodate visual and performing arts studios and to provide for ~he preservation and expansion of existing schools. Allowable development intensity with this District is intended to be among the lowest in the City, consistent with the goals, objectives, and policies of the General Plan. 9.04.08.35.020 Permitted uses. (a) The following primary uses shall be permitted if conducted within an enclosed building (except where otherwise permitted), provided any office space included therewith is directly related to, ancillary to, and supportive of the primary permitted use on the same site and does not exceed fifty percent (50%) of the gross floor area of the primary use: (1) Artist studios and art galleries. (2) Automobile repair and automobile painting facilities except those within 100 feet of a residential district. (3) Dance studios. (4) Congregate housing. (5) Domestic violence shelters. (6) Establishments engaged in research relating to, or the development, manufacturing, fabricating, assembly, testing, repair, servicing, or processing of, the following: (i) Aircraft parts other than engines. (ii) Apparel except leather and fur goods. (iii) Audio products. (iv) Metal, wood or canvas awnings. 3 (v) Coated, plated, and engraved metal. (vi) Communication equipme~t. (vii) Cut stone and stone products. (viii) Diecut paper and paperboard, and cardboard. (ix) Electric components and accessories. (x) Electric lighting and wiring equipment. (xi) Fabricated textile products. (xii) Furniture and fixtures. (xiii) Glass products. (xiv) Jewelry, silverware, and plated ware. (xv) Luggage. (xvi) Musical instruments and parts. (xvii) Office machines. (xviii) Paperboard containers and boxes. (xix) Pens, pencils, and other office and artists materials. (xx) Perfumes, cosmetics, and other toilet preparations. (xxi) Pharmaceutical products. (xxii) Photographic and optical goods, watches, and clocks. (xxiii) Plumbing fixtures and heating apparatus. (xxiv) Pottery and related products. (xxv) Professional, scientific, and controlling instruments. (xxvi) Toys, amusements, sporting and athletic goods. 4 (xxvii) Wooden containers. (xxviii) Food products, except Jhat no food consumption by the public or food take-out by the public shall be permitted. (xxix) Products which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not associated with more disturbance or disruption than, permitted products. (7) Establishments engaged in the wholesale distribution of the following: (i) Dry goods and apparel. (ii) Electrical goods. (iii) Groceries and related products, except unpackaged or unprocessed poultry and poultry products, fish and seafood, and fruit and vegetables. (iv) Hardware, plumbing, heating equipment and supplies. (v) Machinery, equipment, and supplies, except farm machinery and equipment. (vi) Motor vehicles and automotive equipment. (vii) Paper, paper products, and kindred supplies. (viii) Pharmaceutical products and allied products. (8) Homeless shelters with less than 55 beds. (9) Photography studios. (10) Public or private schools existing prior to September, 1988. (11) Public utility service centers and service yards. (12) Public utility substations. 5 (13) Self storage or public mini-warehouses. (14) Single-room occupancy housing~ (15) Transitional housing. (16) Veterinary clinics. (17) Warehouses. (18) Uses which are determined by the Zoning Administrator to be similar to those listed above and which 'are consistent with, and not more disturbing or disruptive than, permitted uses. (b) The following primary uses shall be permitted if conducted within an enclosed building (except where otherwise permitted) and may include office space, so long as the office space is directly related, ancillary to, and supportive of the primary use located on the same site: (1) Broadcasting/communications, telecommunications facilities, and ancillary facilities customarily associated with and incidental to such production facilities, including, without limitation, facilities for broadcasting, transmitting, distributing, recording, receiving, editing, and creating broadcast/communications and telecommunications. (2) Design studios and offices for architects. (3) Drafting, printing, blueprinting and reproduction services. (4) Laboratories and facilities for medical testing and scientific research development and testing. (5) Publishing facilities. (6) Software and other computer-related production facilities. 6 (7) Studios and offices for graphic designers. (8) On-site production facilities for_advertising purposes. (9) Outdoor or enclosed entertainment-related facilities including, without limitation, movie studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. (10) All uses customary or incidental to the production or distribution of motion pictures and other forms of audio/visual products, including, but not limited to, education and entertainment films or tapes. (11) Uses which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not more disturbing or disruptive than, permitted uses. (c) General office uses existing as of June 26, 1993, and general office uses in buildings which were granted a planning permit specifically for general office uses between December 1, 1992 and June 26, 1993 and which obtained a Certificate of Occupancy prior to the adoption of this Part, shall be permitted provided that such uses may not expand by more than ten percent (10%) in floor area. (d) Service stations shall be permitted provided that they are not located within 100 feet of a residential district and they comply with Section 9.04.12.130 of the Municipal Code. (e) Restaurants with 500 square feet of floor area or less shall be permitted. 7 9.04.08.35.040 Conditionally permitted uses. The following uses may be permitted subject to the issuance of a Conditional Use Permit: (a) Automobile dealerships. (b) Automobile repair and automobile painting facilities, and expansion of existing facilities within 100 feet of any residential district. (c) Child day care centers. (d) Health clubs and gymnasiums. (e) Homeless shelters with 55 beds or more. (f) Outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing operation on the site. (g) Parking and automobile storage lots and structures. (h) Places of worship. (i) Restaurants with over 500 square feet of floor area. (j) Retail sales of goods manufactured on the premises, provided that the floor space devoted to such use does not exceed twenty percent (20%) of the gross floor area of the primary permitted use or 2,000 square feet, whichever is less. (k) Service stations within 100 feet of any residential district. (1) Theaters. (m) New public or private schools. (n) Any use of the transportation right of way for other than transportation purposes. (0) Uses which are determined by the Zoning Administrator to be similar to those 8 listed above and which are consistent with, and not more disturbing or disruptive than, conditionally permitted uses. 9.04.08.35.050 Prohibited uses. The following uses shall be prohibited: (a) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (b) New general office uses. (c) Any use not specifically authorized as a permitted or conditionally permitted use. (d) Any use involving the manufacture, processing, or treatment of products, which by nature of the operation is likely to be obnoxious or offensive, whether by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, or heat or by reason of other impacts or hazards relating to materials, process, product wastes or by other methods, shall be prohibited unless mitigation measures are submitted and are acceptable to the Zoning Administrator. 9.04.08.35.060 Property development standards. All property in the Light Manufacturing and Studio District shall be developed In accordance with the following standards: (a) Maximum Building Height. The maximum building height shall be two (2) stories, not to exceed 30 feet, except the following projects may have a maximum height of four (4) 9 stories, forty-five (45) feet: (i) Projects involving the expansi~n of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988. (ii) Entertainment related facilities including sound stages, movie studios, editing facilities, post production facilities, set construction facilities, and special effects facilities. (ill) Theaters. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the district. (b) Maximum Floor Area Ratio. Maximum Floor Area Ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: (i) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988. (ii) With approval of a Development Review Permit, projects including artist studios, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. (c) Minimum Lot Size. The minimum lot size shall be 15,000 square feet. Each lot shall contain a minimum depth of 150 feet and a minimum width of 100 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. All landscaping shall be in accordance with the provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. 10 (e) Rear Yard Setback. No rear yard setback shall be required except: (1) Where the rear parcel line abuts a_residential district, a rear yard equal to: 5' +(stories x lot width) 50' shall be required. The required rear yard may be used for parking or loading to within five (5) feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five (5) feet or more than six (6) feet in height is erected and maintained along the rear commercial parcel line. Access shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) Such rear yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer required pursuant to the' provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. (0 Side Yard Setback. No side yard setback shall be required except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' shall be required. The interior side yard may be used for parking or loading no closer than five (5) 11 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five ~) feet or more than six (6) feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) Such side yard setback as is needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. (3) For portions of buildings that contain windows, doors, or other openings into the interior of the building, a ten (10) foot setback from an interior property line shall be required. An interior side yard setback of less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Building Step Back. For portions of buildings between thirty (30) feet and forty-five (45) feet in height, a nine (9) foot setback from the front property line shall be required. (h) Olympic Boulevard Setback. Buildings shall be setback a minimum of twenty (20) feet from Olympic Boulevard. (i) Development Review. A Development Review Permit is required for any development of more than 30,000 square feet of floor area, for any development with rooftop parking, and for projects which include artist studios with a 1.5 floor area ratio, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. 9.04.08.35.070 Architectural review. 12 All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of the Santa Monica Municipal Code. For projects that include artist studios, the Architectural Review Board shall refer to the Light Manufacturing/Research and Development Study dated June 15, 1994 prepared by Elizabeth Moule and Stefanos Polyzoides, to ensure the compatibility of the artist studios with other uses in the district. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provision of this Ordinance. SECTION 3. Ordinance 1777 (CCS) is hereby repealed. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 13 SECTION 5. The Mayor shall sign and the Ci~ Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~~A City Attorney share/ eirtemps/lmsdord2 14 ~~ Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Clarice E. Dykhouse, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No.1800 (CCS) had its first reading on April 25, 1995 and had its second reading on May 9, 1995 and was passed by the following vote: Ayes: Council members: Greenberg, Rosenstein, Abdo, Holbrook, Ebner Noes: Council members: Genser, O'Connor Abstain: Council members: None Absent: Council members: None ATTEST: ~ff.L ." . /'. ) ~/ . "'r. . 4~ City Clerk