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