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SR-400-002-05 tj()tJ- 002 - t9 S- .11--11, r.JUl 1 4 }QA1 ~ C/ED: pc: SF: nh 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 - 1 - 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 - 2 - 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." - 3 - "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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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: - 8 - 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 - 9 - 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. - 1 - 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. - 2 - .............-. .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. - 3 - 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. - 4 - ~ __,p "'-::;'.1--,.,,- .0-" ____..J' ...- 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. - 5 - ",,-...&~-....-.......... ..............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. - 6 - -~_-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"). - 1 - r-.......... ~'" ~ 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. - 8 - ._-_-:-=_ -....."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 - 9 - ... .........., - .. -.'- 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 - 1 - - ---... '" ""....O:"""<lI-F-'O.-_.__ ~"2'.4,,"' "",It - '- ...........,; . '. 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 - 2 - .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'~'"