O2263City Council Meeting 5-27-08 Santa Monica, California
ORDINANCE NUMBER 2263 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING SANTA MONICA MUNICIPAL CODE (SMMC) SECTION
9.04.08.28.040 TO PERMIT THE INCIDENTAL SALE OF MERCHANDISE AT
THE MAIN STREET FARMERS MARKET BY INDIVIDUAL BUSINESSES IN
THE CM MAIN STREET COMMERCIAL DISTRICT
WHEREAS, by the mid 1990's Main Street had begun to lose its
neighborhood character with the influx of more expensive retail shops from which
many residents felt excluded, resulting in declining pedestrian activity from local
residents; and
WHEREAS, Main Street area residents approached the City and their
neighborhood organization for a weekly event within walking distance that would
offer products affordable to the community; and
WHEREAS, in response City Resource Management staff worked with the
Ocean Park Community Organization (OPCO) to establish the open air farmers
market which was lawfully established by Conditional Use Permit 97-021 in 1997;
and
WHEREAS, the Main Street Farmers Market is a tremendously successful
pedestrian oriented venue that provides local access to affordable fresh produce
as well as drawing customers to other businesses in the neighborhood; and
WHEREAS, since inception of the Main Street Farmers Market,
participation by the Main Street businesses was always envisioned as part of the
plan for the Sunday market;
WHEREAS, Farmers Market staff initiated "Little Main Street" which offers
the outdoor sale of merchandise at the Sunday market by Main St. merchants;
and
WHEREAS, the definition of an open air farmers market contaihed in the
Santa Monica Municipal Code is the sale of agricultural products by producers
and certified producers and the sale of ancillary products, the variety of items that
the Main Street businesses sell at Little Main Street exceeds that contemplated
by Code; and
WHEREAS, Little Main Street has received the continued support of the
neighborhood, enhanced the market experience and increased pedestrian
activity on Sunday mornings; and
WHEREAS, the Farmers Market staff has requested the ordinance
modification to clarify those items that may be offered for sale and to allow Little
Main Street to lawfully continue to operate; and
WHEREAS, the Planning Commission considered the proposed ordinance
modification at a public hearing conducted on January 16, 2008; and
WHEREAS, the Planning Commission recommended approval of the
modification to the Council; and
WHEREAS, the City Council held a public hearing on this proposed
ordinance modification on May 13, 2008; and
WHEREAS, the proposed ordinance modification is consistent in principle
with the goals, objectives, policies, land uses and programs specified in the
adopted General Plan in that the farmers market meets Objective 1.6.7 of the
Land Use Element for Main Street to "accommodate a variety of uses, including
commercial uses, which provide daily necessities, places of employment, and
leisure time opportunities for those living in the surrounding community and the
greater Santa Monica Area, as well as for the area's large number of tourists";
and
WHEREAS, the City Council -finds and declares that the public health,
safety and general welfare require the adoption of the proposed ordinance in that
the Zoning Ordinance modification will enable a greater variety of items to be
sold at the Sunday market to enhance the market experience, better serve
customers and provide a showcase for Main St. merchants.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.28.040 is
hereby 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:
(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.
Q) Medical, dental and optometrist facilities at the
first floor or in excess of three thousand square feet.
(k) Meeting rooms for charitable, youth and welfare organizations.
(I) Museums.
(m) Music conservatories and instruction facilities.
(n) Open air farmers markets, which may include the sale of
merchandise by individual businesses located on Main Street that have valid
business licenses. Such merchandise sales shall be representative of the items
offered for sale within the individual business establishments and shall be
incidental and subordinate to the open air farmers market use. Both the sale or
provision of services, including but not limited to, acupuncture, massage,
manicure, hair coloring or haircuts and the sale of alcoholic beverages by the
Main Street merchants shall be prohibited.
(o) Places of worship.
(p) Restaurants with fifty seats or more
(q) Existing restaurants that add a private. dining facility pursuant to
Section 9.04.08.28.070(m).
(r) Retail stores with thirty percent or less of the total linear shelf
display area devoted to alcoholic beverages.
(s) Sign painting shops.
(t) Theaters having more than seventy-five seats.
(u) Trade schools.
(v) Wine shops devoted exclusively to sales of wine. There shall be no
limit on the total linear shelf display area.
(w) Except for affordable rental housing projects not more than fifty
units, any otherwise permitted uses in the CM Main Street Commercial District
which occupy more than-seven thousand five hundred square feet of floor area.
(x) Except for affordable rental housing projects not more than fifty
units, any otherwise permitted uses in the CM Main Street Commercial District
the ground floor Main Street frontage of which exceeds seventy-five linear feet.
(y) All uses other than specifically prohibited uses, that are determined
by the Zoning Administrator to be similar and consistent with those uses
specifically permitted, subject to performance standards, or conditionally
permitted
SECTION 2. In accordance with CEQA Guidelines Section 15311(c), the
proposed Zoning Ordinance amendment is exempt from CEQA as the farmers
market use constitutes the placement of a temporary use in a facility designed for
public use that will be sited in generally the same location for a limited number of
hours once a week. The proposed ordinance merely expands the variety of items
that -may be sold at the existing farmers market. For that same reason, the
proposed ordinance is also exempt pursuant to CEQA Section 15061(b)(3) in
that it can be seen with certainty that the proposed ordinance does not have the
potential to significantly impact the environment.
SECTION 3. 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 repealed or modified to
that extent necessary to effect the provisions of this Ordinance.
SECTION 4. 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 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 5. 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 thirty days after its adoption.
APPROVED AS TO FORM:
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A NAJ S U RIE
City Attorne~~
Approved and adopted this 27th day of May, 2008.
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I am O'Connor, Acting Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2263 (CCS) had its introduction May 13th,
2008, and was adopted at the Santa Monica City Council meeting held on May 27th,
2008, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Pro Tem Bloom, Mayor Katz
A summary of Ordinance. No. 2263 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
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Denise Anderson-Warren, Acting City Clerk