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O-1895 f \atty\munl\laws\barry\farm mkt City Council Meeting 1-27-98 Santa MOnica, California ORDINANCE NUMBER 1895(CCS) (City CouncIl Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 90402030543 AND AMENDING SECTIONS 9 040838050, 9040822040, AND 9 04 08 28 040 OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW OPEN AIR FARMERS MARKETS IN THE CM MAIN STREET COMMERCIAL DISTRICT, THE A-OFF STREET PARKING OVERLAY DISTRICT AND THE C4 HIGHWAY COMMERCIAL DISTRICT WITH A CONDITIONAL USE PERMIT WHEREAS, open air farmers markets are currently only allowed With a Conditional Use Permit (CUP) In the Bayslde Commercial Dlstnct, the Downtown C3 and C3C Dlstncts, the Designated Parks (DP) Dlstnct, and the Beach Parking (BP) DistriCt, and WHEREAS, this zoning text amendment would expand the number of districts In which open air farmers markets are allowed by a CUP, and WHEREAS, open air farmers markets enhance pedestnan activity In the neighborhoods where they are located, create a sense of community, enliven neighborhoods, and prOVide a use that IS compatible With the surrounding reSidential and commercial neighborhoods, and WHEREAS, as a condItionally permitted use, open air farmers markets would be subject to discretionary review WIth each request evaluated to ensure that the hours, location, and market activity IS appropnate for the proposed location, and 1 WHEREAS, on August 5, 19971 the City of Santa Monica Resource Management Department filed an application for this zoning text amendment, and WH EREAS I on November 5, 1997, the Planning Commission unanimously recommended approval of this zOning text amendment, and WHEREAS, on January 20, 1998, the City Council held a publiC heanng on the proposed text amendment, and WHEREAS, the City Council finds and declares that the proposed amendment IS consistent In pnnclple With the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically Land Use and Circulation Element Objective 1 6 which states "Accommodate commercial uses which serve regional, community, and local needs while respecting the adjacent reSidential neighborhoods" and Objective 1 7 which states "Protect and expand uses that provide for day-to-day shopping and service needs of nearby residents The City shall encourage the provIsion of neighborhood commercial services WIthin walkIng distance of all neighborhoods" Farmers markets Increase food marketing opportunities In the CIty and are a unique land use that attract local as well as regional customers to the City Farmers markets also serve surrounding neighborhoods by providIng produce and other goods for sale on a scheduled baSIS By permitting farmers markets to be located Within the CM, C4, and A-Overlay zOning districts by CUP, these uses Will be located Within walking distance of adjacent neighborhoods, and WHEREAS, the CIty Council finds and declares that the public health, safety and general welfare reqUire adoptIon of the proposed amendment In order to allow farmers 2 markets to locate In a greater number of dlstncts In the City Farmers markets are a community serving use that operate for a limited number of hours a week This temporary nature results In a use that enlivens the surrounding community without creating ongoing negative Impacts In the area Issuance of approvals for open air farmers markets through a CUP will ensure such operations are compatIble with surrounding activIties In terms of site location and operating hours NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Section 90402030543 IS added to the Santa MOnica MUnlc[pal Code to read as follows 9.04.02.030.543 Open air farmers market. A location where the pnmary activity [S the sale of agncultural products by producers and certified producers Sales of ancIllary products may occur at the locatIon An open air farmers market may only be operated by a local government agency SECTION 2 Santa Monica Municipal Code Section 9 04 08 28 040 IS amended to read as follows Section 9.04.08.28.040 Conditionally permitted uses. The following uses may be permitted In the CM DIstrict subject to the approval of a conditional use permit 3 (a) Bars (b) Billiard parlors (c) Bowling alleys (d) Business colleges (e) Catering businesses (f) Dance studios (g) Exercise FacIlities (h) Fast food and take out establishments (I) Homeless shelters with fifty-five or more beds (J) Medical, dental and optometrist faCilities at the first floor or In excess of three thousand square feet (k) Meeting rooms for chantable , youth and welfare organizations (I) Museums (m) MusIc conservatones and instruction facIlities (n) Open alf farmers markets (0) Places of worship (p) Restaurants with fifty seats or more (q) Retail stores with thirty percent or less of the total lineal shelf display area devoted to alcoholic beverages (r) Sign palntlng shops (5) Theaters having more than 75 seats (t) Trade schools 4 (u) Wine shops devoted exclusively to sales of wine There shall be no limit on the total linear shelf display area (v) Any othef'\Nlse permitted uses In the CM Main Street Commercial dlstnct which occupy more than more than 75 hundred square feet of floor area (w) Any otherwise permitted uses In the CM Main Street Commercial district the ground floor Main Street frontage of which exceeds seventy-five linear feet (x) All uses other than specifically prohibited uses, that are determined by the ZOning admInIstrator to b similar and consistent with those uses specifically permitted, subject to performance standards, or conditionally permItted SECTION 3 Santa MOnica MUniCIpal Code Section 9 04 08 38 050 IS amended to read as follows Section 9.04.08.38.050 Conditionally permitted uses. The following uses may be permitted In the A Overlay Dlstnct subject to the approval of ConditIonal Use Permit (a) All uses listed as CondItionally Permitted uses In the reSidential dlstnct In which the parcells located (b) Parking structures below the ground level If all of the following conditions are met 5 (1) The "A" parcel was In parking use on the effective date of thIs Chapter (2) The facility IS for the temporary parking of tranSient motor vehicles and trucks (3) The parking structure IS accessory to a permItted commercial use (4) The surface level of the "A" parcel IS developed and maintained as landscaped open space for the life of the commercIal project (5) The entrance to the subterranean structure IS located on the commerCially zoned parcel (c) Open air farmers markets (d) MunIcipal parking structures, eIther above grade or below grade, If all of the follOWIng condItions are met (1) The parkIng structure replaces a munIcIpal surface parkIng lot (2) The parcel size IS a mInimum of forty thousand square feet (3) The parcel IS located In the North of WilshIre Overlay District SECTION 4 Santa MOnica MunicIpal Code Section 9 04 08 22 040 IS amended to read as follows 6 Section 9.04.08.22.040 Conditionally permitted uses. The following uses maybe permitted In the C4 Dlstnct subject to the approval of a Conditional Use permit (a) Auditorium (b) Automobile dealerships, or expansion of eXisting automobIle dealerships Indoor or outdoor area by more than 10 percent, or more than 5000 square feet, whichever IS less (c) Automobile parkIng lots and structures (d) Automobile repair facilities (e) Automobile washing facIlities (f) (9) (h) (I) (J) (k) (I) (m) (n) (0) (p) Self service storage warehouses Billiard parlors Clubs and lodges Dnve-In, dnve-through, take-out and fast food restaurants ExercIse facIlities Homeless shelters wIth fIfty-five beds or more Hotels and motels liquor stores Nightclubs Open air farmers markets Restaurants over 50 seats 7 SECTION 5 Any provision f the Santa MOnica MunIcipal Code or appendIces thereto Inconsistent with the provIsions of thIs Ordinance, to the extent of such InconsIstencIes and no further, IS hereby repealed or modified to that extent necessary to effect the provIsions of this Ordinance SECTION 6 If any section, subsectIon, sentence, clause, or phrase of this Ordinance IS for any reason held to be Invalid or unconstitutional by a deaslon 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 SECTION 7 The Mayor shall sign and the City 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 ~<f, )rU4~ MARSHA JOa~UTRIE City Attorney 8 ~~ IkL_ Robert Holbfuok, Mayor State of Cahforrua ) County of Los Angeles ) ss. CIty of Santa Maruca ) I, Mana M. Stewart. CIty Clerk of the CIty of Santa Momca, do hereby certIfy that the foregoIng OrdInance No 1895 (CCS) had Its fIrst readmg on January 20. 1998, and was adopted on January 27 _ 1998 by the folloWIng vote Ayes CouncIl members Ebner, FeInStem, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam Council members. None Absent. CouncIl members None ATTEST. ~. ~ \.u . ~~..% Mana M Stewart, CIty Clerk ,:..