Loading...
O1961 (2) f:\atty\mu nI\laws\ba rry\pu bland s-1 wpd City Council Meeting 11-9-99 Santa Monica, California ORDINANCE NUMBER 1961(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9040836030 AND ADDING SECTIONS 9.04 12 150 AND 90402030553 TO THE SANTA MONICA MUNICIPAL CODE TO ALLOW OUTDOOR ANTIQUE MARKETS IN THE PUBLIC LANDS (PL) OVERLAY DISTRICT SUBJECT TO A PERFORMANCE STANDARD PERMIT WHEREAS, Section 904 08 36030 of the Comprehensive Land Use and Zoning Ordinance specifies those uses which are permitted with the approval of a performance standards permit In the PL Public Lands Overlay District, and WHEREAS, outdoor antique markets are not presently permitted In the PL PubliC Lands Overlay District, and WHEREAS, the vast maJority of properties located In this District are school sites, and WHEREAS, outdoor antique markets can be an Important source of revenue for Santa MOnica school programs, and WHEREAS, an outdoor antique market can also be a community serving use that operates for a limited number of hours a week enlivening the surrounding community Without creating ongoing negative Impacts in the area, and WHEREAS, outdoor antique markets can be conducted appropriately within the PL Public Lands Overlay District subject to a performance standards permit, and WHEREAS, allowing outdoor antique markets In the PL Public Lands Overlay District with the approval of a performance standards permit will ensure compatibility With surroundmg reSidential uses, and WHEREAS, on August 4, 1999, the Planning Commission held a public hearrng on a proposed zoning text amendment which would amend Sections 9 04 08 36 030 to permit outdoor antique markets subject to a performance standards permit In the PL Overlay Dlstrrct and would add Section 9 04 12 150 to establish performance standards for outdoor antique markets and Section 9 04 02 030 553 to establish a deflmtlon of an outdoor antique market, and WHEREAS, the Planmng Commission forwarded a recommendation to the City Council to adopt a zOning text amendment to permit outdoor antique markets In the PL Overlay District subJect to a Performance Standards Permit, and WHEREAS, the City Council held a public hearing concerning the proposed text amendment on October 26, 1999; and WHEREAS, the City Council finds and declares that the proposed amendments are consistent with the goals, obJectives, poliCies, land uses, and programs specifIed In the adopted General Plan, speCifically Land Use Element Objective 1 1 which establishes the obJective of Improving the quality of life for all residents by provid Ing a balance of land uses consistent With the City'S role as a regional recreation center whIch attracts local as well as regional customers and the promotion of cultural activities throughout the City, Land Use Element ObJective 1.2 which establishes the obJective of ensuring the compatibility of adjacent land uses with particular concern for protecting reSidential neighborhoods, and Land Use ObJective 1 6 which establishes the objective of accommodating commercial uses which serve regional, community, and local needs while respecting the adjacent reSidential neighborhoods, and WHEREAS, outdoor antique markets are a unique land use that Will attract local as well as regional customers, and WHEREAS, the performance standards established foroutdoorantlque markets Will ensure that this use Will be conducted In a manner that Will be compatible With adjacent land uses and protective of residential neighborhoods, and WHEREAS, the City CounCil finds and declares that the public health, safety and general welfare requires the adoption of the proposed Ordinance In that by permitting outdoor antique markets subJect to a performance standards permit, the City Will establish a community amenity that Will attract local and regional customers and enliven the surrounding community while ensunng that thiS use Will be conducted In a manner that IS harmonious and compatible With residential uses and does not create negative Impacts In the area, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAI N AS FOLLOWS SECTION 1. Santa Monica MUnicipal Code Section 9 04 08 36.030 IS hereby amended to read as follows 9.04.08.36.030 Uses subject to performance standards permit. SubJect to the provIsions of Section 9040836.050, 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 parcells located (b) Outdoor antIque markets SECTION 2 Section 9 04.12.150 IS hereby added to the Santa Mon Ica MUnicipal Code to read as follows' 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 on propertIes located In the PL PublIC Lands Overlay District 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 dlstnct 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 may be provided as an ancillary service to the event There shall be no alcohol sales. (d) Hours of Operation. The hours of operation shall not exceed 8:00 a.m. to 7 00 P m each day of the event Set-up shall begin no earlier than 500 a m and all clean-up shall be concluded no later than 7 00 p m However, the actual hours of operation and set-up/clean-up times for the event may be modified to ensure that the use IS compatible With the surrounding neighborhood (e) Music/Noise. No amplified musIc or public address system shall be audible 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 to ensure the surrounding neighborhood is not adversely Impacted by vehicular traffiC related to the event .. (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 hours that the event IS open to the public The number of security personnel reqUIred shall be determined based on the anticipated number of participants and customers and the physical layout of the site (I) Signage. Slgnage for the purpose of advertising the event shall be reviewed by the Architectural Review Board pursuant to Chapter 9.52 et seq (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 SECTION 3. Section 9 04 02 030 553 IS hereby added to the Santa MOnica Municipal Code to read as follows 9.04.02.030.553 Outdoor Antique Market An event where the pnmary activity IS the sale of antIques and collectibles by individual dealers, Including but not limited to such Items as Jewelry, vmtage books, furniture, home furnlshmgs, ceramiCS, and clothmg An outdoor antique market shall be subject to performance standards established pursuant to Section 9 04 12 150 and Section 9 04 20 08 et seq. SECTION 4. Any provISion of 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 deemed repealed or modified to that extent necessary to effect the provIsions of thiS Ordinance SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance IS for any reason held to be Invalid or unconstitutional by a deCISion of any court of competent jUrisdiction, such deCISion shall not affect the validity of the remaming portions of this Ordmance 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 6 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' r {)111n r tv1ARSHAJON& City Attorney ." ;t;1r-~ MOUTRt Adopted and approved tlus 16th day of November. 1999 " '- ~~~~ State of CalIforma ) County of Los Angeles ) ss CIty of Santa Momca ) L Mana M Stewart, CIty Clerk of the CIty of Santa Momca. do hereby certIfy that the foregOIng Ordmance No 1961 (CCS) had Its mtroductIOn on October 26. 1999 and was adopted at the CIty CounCIl meetmg held on November 9, 1999. by the followmg vote Ayes CounCIl members McKeown. Femstem, Bloom. Rosenstem. Holbrook, Mayor O'Connor Noes CounCIl members None Abstam CounCIl members None Absent CounCIl members Genser ATTEST ~~~\ ,~~ ' \-.-~~ \..:0 ~C'-A,r Mana M Stewart, CIty ((lerk