O1895 (2)
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
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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
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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
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(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
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(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
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(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
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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
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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
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