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SR-401-044 (3) CP:JT:SHK:BJM:f:\plan\share\pc\strpt\ta99007.wpd Santa Monica, California Planning Commission Mtg: August 4, 1999 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Recommendation to Modify the Development Standards for Parcels in the Public Lands (PL) Overlay District Including Adding Section 9.04.08.36.030(b) (Permitted Uses), 9.04.02.030.553 (Definitions), and Section 9.04.12.150 (Performance Standards). INTRODUCTION Action: Proposed is the addition of Section 9.04.08.36.030(b) (Permitted Uses), Section 9.04.02.03.553 (Definitions), and Section 9.04.12.150 (Performance Standards) to Article IX of the Santa Monica Municipal Code to modify development standards for the Public Lands (PL) Overlay District. Recommendation: Recommendation of Approval to City Council of the proposed text amendment. SITE LOCATION AND DESCRIPTION The Text Amendment would apply to all properties located in the PL Overlay District. PROJECT DESCRIPTION Proposed is a Text Amendment to allow outdoor antique markets to operate in the PL Overlay District subject to the approval of a Performance Standards Permit (PSP). Currently, the PL Overlay does not include outdoor antique markets as a permitted use. In order to allow outdoor antique markets in the PL Overlay District with the approval of a PSP three actions are required. Zoning Ordinance Section 9.04.08.36.030 requires amendment to specify outdoor antique markets are permitted subject to the approval of a PSP in the PL Overlay District. Section 9.04.02.030.553 is recommended to be added to establish a definition of an outdoor antique market. Finally, Section 9.04.12.150 is recommended to be added to establish performance standards for outdoor antique markets to ensure compatibility with surrounding districts and uses. CEQA STATUS The proposed text amendment is categorically exempt pursuant to Section 15305, Class 5(c) of the State CEQA Guidelines in that the proposed text amendment to allow outdoor antique markets in the PL Overlay District will not result in any additional development and will allow for a short term, temporary use consistent with the intent of the PL Overlay District to preserve and protect open space and retain land for educational purposes. 1 Thus, the text amendment is considered a minor alteration to land use limitations in an area with an average slope of less than 20% which does not result in any change to land use or density. PUBLIC NOTIFICATION Pursuant to Government Code Section 65091 and SMMC Section 9.04.20.16.040, notice of the public hearing for the Text Amendment was published in The Argonaut. BACKGROUND An outdoor antique market has been held at Santa Monica High School once a month since June 7, 1998. The antique market is for the purpose of raising money for Santa Monica High School athletic programs. For this event, a Temporary Use Permit was approved for a period of 6 months. City Council subsequently directed City Planning staff to prepare a text amendment to modify the PL Overlay District to allow outdoor antique markets. The ongoing antique market at Santa Monica High School has been allowed to continue while this text amendment is being processed. ANALYSIS Text Amendment Outdoor antique markets are currently not permitted in the PL Overlay District. The proposed text amendment would allow outdoor antique markets in the PL Overlay District subject to the approval of a Performance Standards Permit. City Planning staff has determined that a Performance Standards Permit process should be required because the proposed text amendment will apply City-wide and the proposed standards ensure compatibility with surrounding uses. The proposed performance standards limit the impact on surrounding uses by regulating the level of noise, traffic impact, duration of the hours and days of the event, disposal of litter, and by ensuring proper security is provided. Additionally, given the fact that the event is temporary in nature and limited by the proposed PSP standards to no more than two consecutive days once a month, the impact of the event on surrounding uses is minimized. The PL Overlay District is located throughout the City, primarily in multiple family residential districts with some areas extending into the C2 and C4 Zoning Districts. For this reason, the proposed Performance Standards Permit process is appropriate in order to ensure compatibility with surrounding uses. Staff believes that an outdoor antique market, when conducted responsibly, is an amenity to the community that promotes community interaction and a sense of community identity. For these reasons outdoor antique markets, regulated by performance standards, can be a valuable asset to the surrounding land uses where the event is held. In conjunction with the text amendment of the PL Overlay District a new definition has been created to define an outdoor antique market. This definition will be added to Section 9.04.02.030, Definitions. Additionally, because the approval of an outdoor antique market 2 will be subject to a Performance Standards Permit, a new set of standards has been created and will be added to Subchapter 9.04.12, Performance Standards. The proposed text amendment is contained in Attachment B. Conclusion The proposed Text Amendment would allow outdoor antique markets to operate as a use subject to a Performance Standards Permit and would apply to all properties located in the PL Overlay District. Staff supports the proposed text amendment as a means to continue an existing community amenity and provide the opportunity to establish similar uses in other parts of the City. Staff believes that outdoor antique markets can contribute to the pedestrian orientation of the neighborhoods where they are located and, due to the temporary nature of the event and recommended performance standards, an outdoor antique market will be compatible with surrounding land uses. RECOMMENDATION It is recommended that the Planning Commission recommend to City Council approval of Text Amendment 99-007 to allow outdoor antique markets in the PL Public Lands Overlay District and establish a Zoning Ordinance definition for the use and new performance standards. TEXT AMENDMENT FINDINGS 1. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that an outdoor antique market is consistent with Land Use Objective 1.2 in that the performance standards will ensure compatibility of adjacent land uses, while protecting residential neighborhoods. Furthermore, outdoor antique markets are a unique land use that have the ability to attract local as well as regional customers which is consistent with Land Use Objective 1.1, in that an outdoor antique market can help fulfill the City’s role as a regional recreation center. Also consistent with Land Use Objective 1.1, is the ability of outdoor antique markets to help promote cultural activities throughout the City. Additionally, due to the temporary nature of an outdoor antique market, which operate on a monthly basis for a limited number of daytime hours, the markets beneficially enhance, rather than negatively impact, adjacent residential uses. 2. The public health, safety, and general welfare require the adoption of the proposed amendment in that outdoor antique markets are a community amenity that operate for a limited number of hours a month rather than on a daily basis. This temporary nature results in a use that will not create ongoing negative impacts in the area. Furthermore, outdoor antique markets are a pedestrian oriented use that is a community amenity and attracts local as well as regional customers. Issuance of approvals for outdoor antique markets through the Performance Standards Permit process will ensure that the event is compatible 3 with surrounding residential and commercial uses in terms of site location and operating hours. Prepared by: Bradley J. Misner, Associate Planner Attachments: A. Public Notice B. Proposed Text Amendment F:\PLAN\SHARE\PC\STRPT\TA99007.doc 4 Attachment B Section 9.04.08.36.030 (a) Uses subject to a performance standards permit. Subject to the provisions of Section 9.04.08.36.050, the following uses may be permitted in the PL Overlay District subject to the approval of a Performance Standards Permit. (a) All uses listed as subject to a performance standard permit in the district in which the parcel is located. (b) Outdoor antique markets 9.04.02.030.553 (Definitions) Outdoor Antique Market An event where the primary activity is the sale of antiques by individual antique dealers. Sales of ancillary products during the event is also permitted. An outdoor antique market shall be subject to performance standards pursuant to Section 9.04.12.150. 9.04.12.150 Outdoor Antique Markets The purpose of this Section is to permit outdoor antique markets and ensure that they do not result in an adverse impact on adjacent land uses, especially surrounding residential uses. The following performance standards shall apply to outdoor antique markets: (a) Applicability. Outdoor antique markets may be permitted in all PL Public Lands Overlay Districts with the approval of a Performance Standards Permit. An outdoor antique market shall comply with the property development standards of the Public Lands Overlay zoning district as well as any underlying zoning district. (b) Duration of Use. Outdoor antique markets are only allowed on a temporary basis. The use shall operate only once per month for no more than two consecutive days. (c) Food Sales. Food sales shall be an ancillary service to the event. There shall be no alcohol sales. (d) Hours of Operation. The hours of operation shall be limited to 8:00 a.m. to 7:00 p.m. each day of the event. Set-up shall not begin prior to 5:00 a.m. All clean-up shall be concluded by 7:00 p.m. (e) Music/Noise. No amplified music or public address system shall be audible 5 beyond the property boundaries. Any use of amplified speakers shall be directed away from nearby residential uses. (f) Parking. A parking and circulation plan shall be approved by the Transportation Management Division. (g) Sanitary Facilities. A minimum of four portable sanitary facilities shall be located on-site and remain open for public use throughout the duration of the event. (h) Security. Private security shall be provided during all event hours. (i) Signage. Temporary signage for the purpose of advertising the event shall be permitted pursuant to section 9.52.010. (j) Solid Waste and Litter. Dumpsters, trash cans, and recycling bins shall be provided for the proper disposal of litter. There shall be personnel assigned to clean-up litter throughout the duration of the event. (k) Temporary Structures. Temporary structures shall not be permitted with the exception of portable canopies for the purpose of shading individual vendors and dealers. 6