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Council Mtg: July 14, 1987
Santa Monica, California
TO: Mayor and city Council
FROM: city staff
SUBJECT: Recommendation To Adopt Resolutions Of Intention To Amend
The Land Use Element Of The General Plan To Permit Art
Galleries In The Industrial Conservation District And To
Amend The Comprehensive Land Use Ordinance To Permit Art
Galleries In The MI and M2 Industrial District, To Define
Art Galleries, and To Establish Parking standards for Art
Galleries.
INTRODUCTION
This report recommends that the Council adopt Resolutions of
Intention to initiate amendments to the Land Use Element of the
General Plan and to the Comprehensive Land Use Ordinance to permit
art galleries in the Industrial Conservation District of the Land
Use Element and correspondingly, permit them in the Ml and M2
Industrial Zoning Districts (Attachments A and B).
BACKGROUND
On January 20, 1987, Councilmember Finkel requested that the
council discuss ways to encourage and assist art, artists, and art
galleries in the city of santa Monica. The Council directed staff
to meet with the Arts Commission and the Planning Commission and
attempt to articulate ways in which the City could most effectively
encourage art galleries and artists and make the City II art
friendly." This direction included consideration of ways in which
the zoning laws could be modified to maximize artistic involvement
and participation in the city.
. II..A.
JUl 1 " 1987
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Further, staff was directed to address the Industrial Conservation
District of the Land Use Element and return with an ordinance which
would permit art galleries of a certain size in that district
(Attachment C). This direction occured because four art galleries
have leased space in the project located at 900 Colorado in
conflict with the Land Use Element policies which govern the
Industrial Conservation District.
The Arts Foundation, which has Arts Commission representation, met
February 24, 1987, and appointed a committee to work with Planning
staff on this matter. The committee, representing both the Arts
Foundation and the Arts Commission, includes Paul Leaf, Shiela
Goldberg, Marvin Zeidler, and Laddie John Dill.
On March 2, 1987, the Council action was discussed by the Planning
Commission, at which time staff proposed a process for addressing
the issue of permitting art galleries in the Industrial district.
The Planning Commission appointed Commissioners Farivar and Hecht
to meet with staff and the committee designated by the Art
Commission. This group was to discuss both the long-range issue of
making the City "art friendly" and the short-range problem of the
illegal galleries on Colorado Avenue.
On March 3, 1987, the Arts Foundation Committee, Planning
Commissioner Farivar, Councilmember Finkel and staff met and
determined that staff would prepare a Council agenda item to
initiate amendments to the Land Use Element and Zoning Ordinance to
address the short-range problem of the existing galleries. The
effort to establish Santa Monica as an "art friendly" community was
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identified as a larger, comprehensive task which should be
established as a budget objective.
Subsequent to the Council direction, at least two additional
galleries have made application for facilities in the immediate
area.
CONSISTENCY WITH ADOPTED POLICIES AND ORDINANCES
Land Use Element Consistency
The industrial project located at 900 Colorado and the proposed
galleries on 9th and loth streets are located in what is designated
as the Industrial Conservation District in the Land Use Element of
the General Plan. The objective of this designation is to,
"Preserve existing and accommodate future industrial and
manufacturing use, particularly to provide emploYment for the
low-skill and entry-level segment of the Santa Monica workforce."
This clearly establishes the intent to preserve existing
manufacturing in that district.
However, within this context, the arts and artists are recognized
in two pertinent policies:
"1.9.1. Retain existing industrial, manufacturing, and arts
studio uses in the Olympic Corridor between Downtown and the
Special Office District. Allow intensities of 1. 0 FAR; 2
story (30') and by site review 1.5 FAR; 3 story (45') for
artist studios only."
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"1.9.2. Limit office use to that associated with industrial,
manufacturing, and arts uses. Office uses shall not exceed
more than 30% of the floor area of a project."
Although policy l.9.l. specifically indicates the retention of
existing arts studio uses, the intent to encourage new art studios
is implied in that 3 story structures are permitted for artist
studios only. However, art galleries are retail businesses engaged
in the purchase and sale of art works, not their production, and
are distinguished from artist studios which provide space for
living and working.
The past interpretation of these policies has been that art
galleries which do not produce art or involve some manufacturing
aspect are classified as commercial uses not permitted in the
Industrial Conservation District. In order to address the
non-industrial nature of galleries, the Land Use Element needs to
be clarified to include art galleries as an appropriate use related
to artist studios.
Zoning Ordinance consistency
The area in question is currently zoned MI and M2. The zoning
allows all uses permitted in commercial districts except certain
specified retail uses. The sale of art works has been identified
as one of the prohibited types of retail activity. Therefore, if
art galleries are to be specifically permitted in the Ml and M2
district, it is necessary to amend the zoning ordinance to
eliminate any room for interpretation as to the nature of the use
and to clearly define the use to limit other retail uses from
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locating in the area. Also, if the use is called out, it needs to
be defined and a parking standard established.
Art galleries would be permitted in any of the other commercial
districts or in the special Office District if the recommended
text amendment is approved to permit galleries in the Ml and M2
District. Currently the Special office District is designated as a
manufacturing district, however, in the draft zoning ordinance the
area would be re-classified to C5, a commercial district which
would permit gallery uses. The Special Office District currently
has available industrial buildings suitable to the needs of the art
galleries.
ANALYSIS OF PLANNING ISSUES
Art galleries, like any other commercial business, seek low-rent
space of a type sui table to their business. Often art galleries
want structures with high ceilings for display and appropriate
loading facilities for large bulky pieces of art work. This type
of space is frequently unavailable in commercial districts.
Therefore, industrial space is attractive because of the type of
space and the lower rents.
Incompatible Land Uses
The Industrial Conservation District and its concurrent Ml and M2
zoning are reserved for light industrial uses which are generally
incompatible with residential and commercial uses because of their
potential for noise, dust, odor, smoke or other emissions,
vibration, truck patterns, handling of toxic materials, heat,
glare, dirt, and waste products. Therefore, the maj or concern
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about art galleries in the industrial zone is the potential loss of
limited land area for this important employment base.
There is the potential for art galleries, once established, to
complain about industrial neighbors and to exert pressure to
eliminate them, as well as the possibility that other commerical
uses, such as restaurants and other support facilities, will exert
pressure to be permitted near the galleries. Both scenarios would
erode more quickly the limited area for manufacturing uses in the
Ci ty. permi tting restaurants and other similar uses would also
have the effect of raising rents in the area, thus undermining an
important reason why galleries wish to locate in the area in the
first place.
It is felt that the loss of industrial area to art galleries will
not be significant. First, the existing art galleries selected
this location knowing that restaurants and other commercial uses
will not be permitted in the vicinity. Further they do not appear
to be concerned about industrial neighbors and have, instead,
expressed a certain affinity for a more bohemian environment.
Also, the market itself will limit the number of galleries Santa
Monica can support, and it is unlikely that significant area will
be lost out of the inventory of industrial land.
Desirability Of Location
The LUE establishes the locations where certain activities should
occur in the City and attempts to enhance the downtown for retail
uses. Therefore, allowing art galleries in the Industrial
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Conservation District could compete with the downtown commercial
district for pedestrian and commercial activity.
However, if the city establishes firm pOlicies in the tUE which
preclude other commerical uses in the Industrial Conservation
District, the galleries themselves will not constitute a threat to
the viability of the downtown commercial district which is close
enough to provide the commercial support facilities inherently
attracted to galleries.
Traffic Patterns and Parking
Generally, art galleries are low traffic generators except during
the openings of art exhibits when they are more akin to a maj or
spectator event with large numbers of visitors. Should such
openings occur at peak traffic hours, they would have adverse
traffic impacts on the surface street system.
The situation is similar for parking demand, which is generally low
compared to other commercial uses, but high during openings.
In both cases, if the openings are limited to non-peak hours
typically after 10:00 A.M. or after 6:00 P.M., art galleries would
be compatible with industrial traffic and parking patterns.
Attention should be given to controlling the hours of openings to
mitigate adverse impacts on the transportation system.
Potential Limitations
It has been suggested that if art galleries are permitted in the M1
and M2 districts, certain limitations should be imposed such as
number of galleries, maximum square footage, and location. without
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further study, staff has no basis for making such recommendations.
It is anticipated, however, that the market will control the number
of galleries. In terms of location, art galleries have a tendency
to concentrate, and therefore, the location along Colorado between
Lincoln and 11th is most likely to become the gallery row. The
existing galleries are approximately 6,000 sq. ft. in size.
According to the Arts commission, up to 8,000 sq. ft. would be a
reasonable range.
CITY COUNCIL AUTHORITY
Pursuant to section 9149 of the santa Monica Municipal Code,
whenever the public necessity, public convenience, general welfare,
or good zoning practice require, the City Council may amend,
supplement, or change the zoning ordinance, and such amendment,
supplement, or change may be initiated by a Resolution of Intention
of the Council. The Council may also initiate a change to the
General Plan by adoption of a Resolution of Intention.
Upon adoption of a Resolution of Intention for a change to the
Zoning Ordinance, the Planning Commission will conduct a public
hearing on the matter and forward a recommendation to the City
Council.
BUDGET/FISCAL IMPACT
The recommendations presented in this report have no budget or
fiscal impacts.
RECOMMENDATION
Staff respectfully recommends that the City Council:
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1. Adopt a Resolution declaring its intention to amend Santa
Monica Municipal Code sections 9l20A and 9l29Fl and to add
section 9102A to the Santa Monica Municipal Code to amend
the Comprehensive Land Use Ordinance to define Art
Galleries, permit art galleries in the IIMl" limited
industrial district, and establish parking standards for art
galleries.
2. Adopt a Resolution declaring its intention to amend Policy
1.9.l of the Land Use Element of the General Plan to permit
art galleries in the Industrial Conservation District.
Prepared by: Peggy Curran, Director of Community and Economic
Development
Suzanne Frick, Principal Planner, Planning Division
Community and Economic Development Department
Attachments: A.
Resolution of Intention to Initiate Amendment to
the Land Use Element of the General Plan and to
the Comprehensive Land Use Ordinance.
B. Resolution of Intention to Initiate Amendment to
Policy 1.9.1 of the Land Use Element of the
General Plan.
C. January 20, 1987 Council Minutes
HP/Galery3
06/18/87
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ATTACHHENT A
CA:RMM:rmd515/hpca
city council Meeting 6-23-87
Santa Monica, California
RESOLUTION NUMBER 7472(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND
SANTA MONICA MUNICIPAL CODE SECTIONS 9120A AND
9129Fl AND TO ADD SECTION 9102A TO THE SANTA MONICA MUNICIPAL
CODE TO AMEND THE COMPREHENSIVE LAND USE ORDINANCE TO
DEFINE ART GALLERIES, PERMIT ART GALLERIES IN THE
"MIlt LIMITED INDUSTRIAL DISTRICT, AND ESTABLISH
PARKING STANDARDS FOR ART GALLERIES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section
9149, the City Council does hereby give notice of its intention
to initiate proceedings to amend Santa Monica Municipal Code
sections 91.20A and 9129 and to add Santa Monica Municipal Code
section 9102A as described herein.
SECTION 2. section 9l02A is added to the Santa Monica
Municipal Code to read as follows:
SECTION 9l02A. Definitions of Art Gallery.
For the purpose of this Chapter, Art Gallery is a
room or structure in which original works of art or
limited editions of original art are bought, sold,
loaned, appraised, and exhibited to the general
public.
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SECTION 3. Santa Monica Municipal Code section 9120A is
amended to read as follows:
SECTION 9120A. Uses Permitted. The following
uses are permitted in the "Ml" Limited Industrial
District:
1. All uses permitted in the Commercial
Districts except retail stores dealing in or
offering for sale men's or women's wearing apparel,
cosmetics or beauty supplies, packaged food or
groceries,
home
furniture
or
furnishings,
residential uses,
hotels and motels, boarding
houses, hospitals, sanitariums, convalescent and
nursing
homes.
Provided,
however,
that
a
manufacturer shall be permitted to make retail sales
of his product in connection with and on the same
premises as his manufacturing operation. Provided,
further, that the Zoning Administrator may grant a
use permit for hospitals, hotels, and motels in
accordance with Sections 9146B, 9l46C, and 91460.
-
2 . Any of the following uses if conducted
within an enclosed building.
a.
The manufacturing,
compounding,
processing, packaging, or treatment of such products
as bakery goods, candy, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, perfumed toilet
soap, toiletries, and food products except fish and
meat products, sauerkraut, vinegar, yeast and the
rendering or refining of fats and oils.
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.............-. .IIi ___ __
b. The manufacture, compounding,
assembling, or treatment of articles of merchandise
from the following previously prepared materials:
bone, cellophane, canvas, cloth, cork, feathers,
felt fibre, glass, hair. feathers. horn. leather,
paper, rubber, plastics, precious metals or stones,
shells, textiles, tobacco, wood (excluding planning
mill), yarns, and paint not employing a boiling
process.
c. The manufacture of figurines and
other similar ceramic products, using only
previously pulverized clay, and kilns fired only by
electricity or low pressure gas.
d. The manufacture and repair of
electric and neon signs, billboards, commercial
advertising structures, light sheet metal products,
including heating and ventilating ducts and
equipment, cornices, eaves, and the like.
e. Automobile painting, upholstering,
rebuilding, recondi tioning , body and fender works:
truck repairing or overhauling: tire retreading or
recapping: battery manufacturing: and the like.
f. Machine, welding, or blacksmith
shop. excluding equipment producing obj ectionable
noise or vibration found by the Administrator to be
detrimental to surrounding properties or permitted
uses.
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g. Manufacture of small boats having
nonmetallic hulls, and not exceeding 30 feet in
length.
delivery,
plant,
h. Laundry, cleaning, and dyeing works,
and carpet and rug cleaning.
i. Distribution
ice and cold storage
and food commissary
plants,
plant,
or
parcel
bottling
catering
establishments.
j. Storage buildings and warehouses.
k. Storage buildings for household
goods.
1. Carpenter shop.
m. Assembly of electrical appliances,
electronic instruments and services, radios and
phonographs, including the manufacture of small
parts only, such as coils, condensers, transformers,
crystal holders, and the like.
n. Laboratories, experimental, photo,
or motion picture, film or testing.
o. Mortuary or funeral parlor.
p. Poultry or rabbit killing incidental
to a retail business on the same premises.
q. Retail, but not wholesale, sales of
butane, propane, or similar liquefied petroleum gas
products.
r. Wholesale bakery.
s. Art galleries.
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3. And such other uses as the Zoning
Administrator may find to be similar to those listed
above and not more obnoxious to surrounding
property.
4. Uses incidental to any permitted uses.
SECTION 4. Santa Monica Municipal Code Section 9l29Fl is
amended to read as follows:
SECTION
9129Fl.
Off-street
parking
Requirements For various Districts and Uses.
A. Residential Districts.
Rl District. Two (2) covered parking spaces
per dwelling unit.
R2, R3, R4, CA & CP Districts.
Residential Condominiums Units:
parking spaces per dwelling unit.
Apartments: One (1) space per dwelling unit
Two
(2)
with an area of 650 square feet or less; one and
one-half (1-1/2) spaces per dwelling unit with an
area of more than 650 _square feet but less than 900
square feet; two (2) spaces per dwelling unit with
an area of more than 900 square feet.
Apartment Hotels:
Two ( 2 ) covered parking
spaces per dwelling unit plus one (1) additional
covered off-street parking space for each bedroom
having a separate outside entrance; one (1) covered
space per guest room.
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",,-...&~-....-.......... ..............c;
Hotels, Motels, Clubs, and the Like: one (1)
space for each of the first forty (40) hotel or
quest rooms; one (1) space per three (3) hotel or
quest rooms in excess of forty (40); one (1) space
per 250 square feet of adjusted floor area in use
for restaurants, shops, or other permitted
commercial uses.
Hospitals, Sanitariums, Rest Homes, Board and
Care Facilities: One (1) space for each two (2)
beds or fraction thereof.
In the computation of the total parking spaces
required for any building site, fractional space
shall be resolved to the next whole number.
B. Commercial Districts.
Residential Uses. The same requirements as
that for the Residential Districts shall apply.
CA, CP, C2, C3, C4. For buildings or
additions up to eight thousand (8,000) square feet
of adjusted floor area; one (1) square foot of
parking area for each square foot of adjusted floor
area, or one (1) space for each three hundred (300)
square feet of adjusted floor area.
For buildings or additions in excess of eight
thousand (8,000) square feet of adjusted floor area:
one (1) space for each three hundred (300) square
feet of adjusted floor area.
Exceptions:
Bowling Alleys: Four (4) spaces per alley.
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-~_-III._"'"
Restaurants: one (1) parking space per each
available five (5) seats of seating capacity.
Drive-In Restaurants: one (1) space per _one
hundred (100) square feet of adjusted floor area.
Food Markets in Excess of Five Thousand
(5,000) Square Feet: one (~) space per one hundred
fifty (~50) feet of adjusted floor area.
Churches: one (1) space per ten (10) fixed
seats, or one (1) space per eight (80) square feet
of floor area in places of assembly if no fixed
seats.
Theaters, Dance Halls, Convention Centers,
Meeting Halls, and Places of Assembly: one (l)
space per four (4) fixed seats or one (1) space per
eighty (80) square feet of floor area in places of
assembly if no fixed seats.
Trade Schools and Business Colleges: one (1)
space per hundred fifty (150) square feet of
adjusted floor area.
SChools, Elementary: ten (10) spaces, plus
one (1) additional space per classroom.
Schools, Junior High: ten (10) spaces, plus
one additional space per classroom.
SChools, High School: ten (10) spaces, plus
fifteen (15) additional spaces per classroom.
Colleges: ten (10) spaces, plus thirty (30)
additional spaces per classroom.
c. Industrial Districts (IIM1" and UM2").
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Industries: One (1) space per three hundred
fifty (350) square feet of adjusted floor area.
Warehouses and storage Buildings: One (l)
space per one thousand (1,000) square feet of gross
floor area.
Mortuaries: One (1) space per five (5) fixed
seats, or one (1) space per forty (40) square feet
of floor area in places of assembly if no fixed
seats.
Art Galleries: One (1) space per three
hundred (300) square feet of gross floor area.
Commercial Uses: Requirements for commercial
uses shall be the same as the requirements for
commercial districts.
D. Chanqe of Osee
Nothing in this section shall preclude a
building or structure from being changed or
converted to another use having the same or a lower
parking requirement but such building or structure
shall not be changed or converted to any use having
a higher parking requirement unless additional
parking spaces equal to the higher requirements are
provided, such spaces to meet all other requirements
of this Chapter.
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._-_-:-=_ -....."1:..-
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~\..,-.~
ROBERT M. MYERS
City Attorney
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... .........., - ..
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I hereby certify that
--.....
, Mayor
Resolution No. 7472(CCS)
was duly adopted by the city Council of the City of Santa Monica
at a meeting thereof held on July l4, 1987 by the following
Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Ka t z , Reed, zane, Mayor Conn
Noes: Counc:ilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
:Act~
.. ,
ATTACHMENT B
RESOLUTION NO. 7473(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO AMEND POLICY 1.9.1.
OF THE LAND USE ELEMENT OF THE GENERAL PLAN
TO PERMIT ART GALLERIES IN THE
INDUSTRIAL CONSERVATION DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS:
SECTION l. Pursuant to Santa Monica Municipal Code Section
9143, the City council does hereby give notice of its intention
to initiate proceedings to amend Policy 1.9.1. of the Land Use
Element of the General Plan as shown in Exhibit I.
SECTION 2. The city Council directs the Planning Commission
to hold a public hearing on the proposed amendment to permit art
galleries in the Industrial Conservation District. Further, the
city council directs the Planning commission to forward a
recommendation to the city Council.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~ """'-
ROBERT M. MYERS,~Orney
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. '.
EXHIBIT I
PROPOSED LAND USE ELEMENT AMENDMENT
EXISTING POLICY 1.9.1.
1.9.1. Retain existing industrial, manufacturing, and arts studio
uses in the Olympic Corridor between Downtown and the Special
Office District. Allow intensities of 1.0 FAR; 2 story (30') and
by site review 1.5 FAR; 3 story (45') for artist studios only."
PROPOSED AMENDMENT TO POLICY 1.9.1.
1.9.1. Retain existing industrial, manufacturing, and art studio
uses; restrict new retail uses; and encourage new arts studio I
art gallery, industrial and manufacturing uses in the Olympic
Corridor between Downtown and the Special Office District. Allow
intensities of 1.0 FAR; 2 story (30') and by site review l.5 FAR;
3 story (45') for artist studios only."
i~
HP/galery4
06/08/87
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.1
Adopted and approved
--------
Mayor
the foregoing Resolution No. 7473 (CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on July 14, 1987 by the following
council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None -'
ATTEST:
."10'~'"