SR-8-B (35)
JAN 2 D ~
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Council M#g January 20, 1998 Santa Man~ca, California
TO Mayor and City Council
FRdM City Staff
SUBJECT Recammendation to Introduce for First Readmg an Ordmance Addmg
Section 9 04 02 030 543 and Amending Sectians 9 04 48 38 050,
9 04 O8 22 04a, and 9 04 08 28 040 of the Santa Monica Municipal Code
ta A~low Open A~r Farmers Markets ir~ the CM Main Street Cammercial, A-
Off Street Parking O~erlay (A-OverEay) and C4 Highway Commere~al
Districts w~th a Condit~onal Use Perm~t Appl~~ant C~ty of Santa Monica
Resaurce Managemer-t Department
INTRODUCTION
This report recommends that the City Counc~l ~ntroduce for first reading an ordinance
amend~ng Article ~X af the Santa Monica Municipal Code to permit open a[r farmers
markets as a condEt~anally permitted use ir~ the CM, A-Overlay and C4 districts
Currently, farmers markets are not permit~ed in ~hese districts 1r~ addition, the
Ordinance ~roposes adding the definitian of farmers market to the Zon~ng OrdEnance
Qn November 5, 1997, the Plann~ng Commissjon vated ~-0 to recommend approval of
the Zon~ng Ordmance text amer~dment to City Caunci! The proposed ardmance ~s
contained ~n Attachment A
BACKGROUND
4pen arr farmers mark~#s are curr~ntly on~y allowed w~t~ a Conditior~al Use Perm~t
{CUP) in the Bayside Commercia! District. the Downtown C3 and C3C Districts, the
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Desig~ated Parks (DP) Distr~ct, and the Beach Parkmg tBP) District The proposec~
ordEnance would expand the number of distr~cts where open air farmers markets are
all~wed by conditionally permitting the use m the CM, C4 and A-Overlay D~stricts As a
conditionaliy ~ermitted use, "open air farmers markets° would be sub~ect to
discretionary review with each request evaluated ir~dividuslly to ensure that the haurs,
location, and mar~Cet acti~ity is appropriate far the proposed location In additian,
approval af the proposed ardmance wil! facifitate the appraval of CUPs for the existing
Ma~n Street and Pico Boulevard Farmers Mark~ts On Nov~mber 5, 1997 the PEanning
Cammission appro~ed CUPs for both markets, sub~~ct to Council approval af the
proposed ardinance
ANALYS IS
Proqosed Ordinance Amendment
T~e proposed ardinance would expand opportunities far condrtio~a!!y permitting open
air farmers markets in the Caty, sub~ect to approval af a CUP The Zan~ng Code
currently cond~t~onally allaws farmers markets in the downtown, where ~t has prov~n to
be a successfu) pedestr~an or~ented_ as well as neighbarhood servmg, use Staff
bel~e~es the proposed ordinance is a means ta expand this successful, pedestrian
onented and community bu~iding use Ento other areas of the City 4pen air farmers
markets enhance pedestrian activity in the neEghborhaads where they are locaked,
create a sense of community, enl~ven ne~ghbarhaads. and pro~ide a use that ~s
compati~le with the surrounding residential anc~ commeraal n~ighborhoods Because
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farmers mark~ts aperate or~ a once a week bas~s for a Irmited number of dayt~m~ hours,
and because all structures are temparary, the markets enli~e~ ne~ghborhoads and
contribute to the quality of i~fe w~thout negati~ely impacting surrounding residences
Further, as stipulated in the proposed farmers market definition, markets may only be
operated by a local government agency and may not be established by a private
busirtess This limitation ensures the commun~ty serving component of the markets will
be mainta~ned
Plannina Comm~ssion Recommendation
At fhe November 5, 1997 Piar~~mg Commissian F~earmg, tF~e Planning Cornm~ssion
unan~mously ~oted to recommend appro~al of the Ordinance as proposed by s#aff
There we~e no members of the p~blic who spoke against tt~e proposal and a!I speakers
expressed support of the concept of the marke#
GENERAL PLAN CONFORMANCE
The proposed text amendment is consistent wkth the General Plan in that Ob~ective 1 7
of the Land Use and C~rculatran E~ement states the importance of allawmg uses tl~at
prov~de for the day-to-day shopping and ser~ice needs af nearby res~dents and that the
City should encaurage the prov~sion of neighhorhoad commercial services within
walk~ng distance of ne~ghbarhoods Farmers markets serve surrounding
neighborhoods by provad~ng praduce and other goads for sale on a scheduled bas~s
By permitt~ng farmers markets to be located withm the CM, C4 and A-Overlay zornng
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distrGCts by CUP, these uses w~ll be located withir~ wal~Cing distance of ad}acent
ne~ghborhoods
CEQA STATUS
The proposed ord~nance is categoricafly exempt from the provESion of CEQA pursuant
to Class 5(c~ of the State Gurafei~nes m that the proposed ordrnance to aifaw farmers
markets m the CM, C4 and A-Overlay zones w~ll not result ~n any additivnal
d~velapment, is cons-ste~t with ihe general ~ommerc~al uses allowed m the CM and C4
d~stricts and will not preciude or be ~nconsistent with the park~ng facil~ties allowed in the
A-Q~erlay Distnct The proposed ordinance, therefore, is considered a minor alteration
to land use I~mitations in an area wath ar~ average slope of less than 2a% whicY~ does
not result ~n any change to land use or density
PUBLIC NOTIFICATlON
Pursuant to Go~ernment Cod~ Section 65091 and SMMC Section 9 04 20 16 040,
not~ce of the public hearing for the Text Amendmer~t was published in the local daily
paper The Outlaok In add~tian, as further required by Gavernment Code Sectian
6509~, since the number of affected property owners in the CM distr~ct is l~ss than
1000 notECes were also sent to a11 proper#y owners in the CM district and w~thin 30D' af
the CM d~strict borders CopEes of the notices are conta~ned m Attachment C
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BUDGETJ~INANCIAI. fMPAGT
The recommer~dat~on presente~ in this repart does nat have any budget ar f~scal
impact
RECOMMENDATIQN
It is ~ecommended tha# the City Counc,l canduct a public hearing and introduce the
attac~ed ordinance for f~rst reading
Prepared by Suzanne Fnck. D~rector
Karen Gmsberg. Plann~ng Manager
Amanda Schachter. Sen~ar Planner
Sarah Le~eune. Associate Planner
C~ty Plannmg D~vtsion
Planning and Commun~ty De~elopment Department
Attachmen#s A Proposed Ordinance
B PlannFng Commission Staff Report, dated 11l5/37
C Public Notice
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ATTACHMENT A
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Ci#y Councif Mee#mg 1-20-98
5anta Monica, California
ORDINANCE NUMBER (CCS}
(City Caunc~l Ser~es)
AN ORDINANCE OF TNE CITY COUNCIL OF THE CITY O~ SANTA MONICA
ADDING SECTION 9 04 02 03D 543 AND AMENDING SECTIONS 9 04 Q8 38 050,
9 04 08 22 040, AND 9 04 OS 28 040 OF THE SANTA MONICA MUNICIPAL C~DE
TO ALL4W OPEN AIR FARMERS MARKETS IN THE CM MAIN STREET
COMMERCIAL DISTRICT, THE A-OFF STREET PARKING OVERLAY DISTRICT AND
THE C4 HIGHWAY CQMMERCIAL DISTRICT iNITH A COND~T~ONAL USE PERMlT
WHEREAS, open air farmers markets are currently only allowed with a Condit~onal
Use Perm~t (CUP) in the Bays~de Commercial Distnct, t#~e Downtown C3 and C3C Distr~cts,
the ~esignated Parks (DP) District, and the Beach Parking (BP} Distnct, and
WHEREAS, this zoning text amendment would expand the number af districts in
whECh open air farmers markets are allowed by a CUP, and
WHEREAS, open a~r tarmers markets en~ance pedestrian act~vity ~n the
neighborhoods where they are lacated, create a sense of commun~ty, enli~en
neighborhoods, and pravide a use that ts compat~ble with the surrour~ding residential and
commercial neighborhoods, and
WHEREAS, as a conditionally perm-tted use, apen air farmers markets would be
sub~ect to discretionary review with each request e~aluated to ensure that the hours,
location, and market act~vity ~s apprapriate for the propased locat~on, and
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WHEREAS, an August ~, 1997, the City of Santa Monica Resource Management
Department filed an application for th~s zoning text amendment, and
WHEREAS, on No~ember 5, 1997, the Planning Cammission unanimously
recammended approval of this ~oni~g text amendme~t, and
WHEREAS, on January 20, 9998, the City Cauncil held a~ub~EC hearing on the
proposed text amendment, and
WHEREAS, the City Council fint#s and dec[ares that #1~e proposed amendment is
consistent in principle w~th the goals, ob~ectives, palicies. land uses, and programs
specified m the adopted General Plan, spec~fically Land Use and Circuiatran Element
Ob~ecti~e 1 6 which states "Accammodate commercial uses wh~ch ser~e regional,
community, and lacal needs while respectmg the ad~acent res~dentGal neig~borhoods" and
Ob~ectivE 1 7 which states "Protect and expand uses that pro~ide for day-to-day shopping
and service needs af nearby residents The C~ty shall encourag~ the pro~ision of
ne~ghborhood commerc~al senrices w~thin walkfng distance af all neighborhoods " Farmers
markets mcrease food mark~ting opportun~t~es in the C~ty and are a ur~ique ~and use that
attract local as we11 as regional customers to the City Farmers markets also serve
surrounding ne~ghborhoods by pro~id~ng prodUCe and ather goads for sale on a scheduled
basis By permitting farmers markets ta be located with~n the CM, C4, and A-Overlay
zoning districts by CUP, these uses will be lacat~d withm walk~ng distance of ad~acent
neighbarhoods, and
WHEREAS, the City Council fmds and declares that the public health, safety and
general welfare require adaption of the proposed amendment in order to allow farmers
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markets #o locate m a greater number of dis#ricts in the City Farmers markets are a
commun~ty serving use that operate for a limited number of haurs a week Th~s temporary
nature results in a use that enli~ens the surrounding communEty w~thaut cres#mg ongomg
negatGVe impacts fn the area Issuance of approvals for apen a~r farmers markets thraugF~
a CUP will ensure such operatians are compat~ble w~th surrounding activkties in terms of
scte locatran and operatrng hours
NOW, THEREFORE, THE CITY COUNCIL OF THE G1TY OF SANTA M4NiCA
DOES HEREBY ORDAIN AS FOLLDWS
SECTION 1 Section 9 04 Q2 030 543 as added to the Santa Monica Mun~cipal
Code to read as follaws
9.04.D2.~38.543 Op~n air #arm~rs rr~arkot.
r~ '~ca~~~~ :~^e~~ the primary activ~ty ~s thz ~~le of agr~cultural
~•~.duet< ny ~+rcn~;:~~~ _. :~ .~~~if ~~ ::re~a~:.-•rs S_~ ~,= :.* .. : '=~r n~;:~..c:_
ir=;r ~c•;:~,~ ~ •r,~ ~n^~~io~ ' ~ ~ ;.~ .,.. ~ ,._. : r .:E. •~•i
.. . . ~~ , r,- .. ~ ~i• t 'r_ „~•Kt. n~,~, .:n ~ ~ ~~~.~.
hy :, I.~~~I i';4f'~^~-,e^i a~=,r;: r
SECTION 2 Santa Mon~ca Municrpal Gode Section 9 04 08 28 04~ is amended to
read as follows
Section 9.04.08.28.040 Conditionally permitted uses.
The fallowing uses may be permitted in the CM D~stnct sub~ect ta #he
approval of a cor~ditional use permit
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~a) Bars
~b) Billiard parlors
(c) Bowling alleys
(d) Bus~ness colleges
(e) Catermg busmesses
(f) Dance studios
(g} Exercise Facilities
(h) Fast foad and take aut establishments
(~) Hameless shelters wi#h f~fty-fi~e or more beds
~) Medical, dental and optometrist #acilities at the first floor or in
excess of three thousand square feet
(k) Me~t~ng rooms for char~table , you#h and welfare organ~zatEOns
(I) Museums
(m) Music conservator~es and instructi~n facilit~es
~^; Upe~~ ~~r f~r~ti~c=r~ m~~rke.is
~j~s~~ Places af worsh~p
te~}~p~~ Restaurants w~th fifty seats or mare
~j~~~ Retail stvres with thirty percent or less of the total f~neal shelf
display area devoted to alcoholic be~erages
f~~~~ S~gn pa~nting sho{~s
{~}~5~ Theaters ha~ing more than 75 seats
(~}{t~ Trade schools
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~~~ Wine shops devoted exclusively ta sales af wine There shall
be no limtt on the total linear shelf display area
~u1L~~ Any ot~erwise permitted uses m the CM Main Strest
Commerc~a! d~strict wh~ch occ~py more than mare tf~an 7~ hundred square
feet af floor area
{-e-}~w~ Any otherwise permitted uses in the CM Mair~ S#reet
Commercial d~stric# the graund floor Mam Street frantage af wh~ch exceeds
se~en#y-f~ve linear feet
{~v}~~~ AI~ uses other than specifically prohibited uses, that ar~
determined by t~e Zoning administrator to b similar and consistent with those
uses specifically permitted, sub~ect to performance standards, or
cond~t~onally perm~tted
SECTION 3 Santa Monica Municipal CodE SectEOn 9 D4 08 38 050 is amended to
read as fo~ lows
Section 9.04.0$.38.050 CQnditio~a!!y permit#ed uses.
The following ~ases may be permitted in the A O~erlay D~strict sub}ect
to the approval of Conditional Use Permit
(a) A13 uses listed as Cond~tionally Permitted uses ~n t~e
resrdent~al drstr~ct in whr~h tt~e parce! ~s located
(b) Parking structures below t~e ground le~el Ef all of the follawing
conditions are met
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(1) The "A" parcel was in parking use on the effective date of this
Chapter
(2} Tfi~e facility is for the #emporary park~ng of transient motor
veh~cles and trucks
t3} The parking structure is accessory to a permitted commerc~al
use
(4) The surface fevel of the "A" parcel ~s de~eloped and
maintained as lands~apecf ~pen space for the Jife of the commer~ial
pro~ect
(~) The entrance to the subterranean structure is located on the
commercially zoned parcel
(c) ~?~~ r r =~~.~~~~~- m~•K:'=
{~}{~~Municipal parking struct~ares, either above grade or below
grade, if all of the foilowmg conditians are met
('! ) The parking structu~e replaces a municipal surface parking
!ot
~2} T~e parcel size is a minimum of forty thousanc! square feet
~3} The parcel is located in t~e North of Wilshire Overlay District
SECTION 4 Sanfa Monica Municipaf Cade Secfion 9~4 08 22 040 is amended
to read as folfows
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Sectian 9.04.Q8.22.040 Conditionally permitted uses.
The folfowing uses maybe permitted in the C4 Distr~ct subject to the
appraval of a Conditional Use ~ermit
(a} Auditorium
(b) Automobile dealerships, ar expansion of existing automabile
des~erships mdaor ar outdoor area by ~rrore #han ?~ percent , ar mvre than 5004
square feet, whichever ~s less
{c) Automobile parkmg fats and structures
(d} Automobiie repair facilities
~e} Autamobile washing fac~lit+es
(f) Billiard parlors
(g) Clubs and lodges
(h) Dnve-~n, drtve-through, take-4ut and fast food restaurar~ts
(i) Exercise facilities
~) Homeless sheiters with fifty-five b~ds or mo~e
(k) Hotels and motels
(I) liquor stores
(m) Nightclubs
,-~~ ()h~" ~r F~r• ~rs":i•H~ t,
(r~~}€~~ Restaurants over 50 seats
(~~t~~ Self service storage warehouses
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SECTION 5 Any provision f the Santa Monrca Mun~c~pal Code or apper~d~ces
thereto ~nconsistent w~th the prov~s~ons ot tl~~s Ord~nance. to the exter~t of such
inconsistencies and no further, is hereby repealed or modEfied to that extent necessary to
effect the pro~~s~ons of th~s Ord~nance
SECTION 6 If any section, subsection, sentence, claus~, or phrase of this
Orc4~nance is for any reason held ta be in~alid or unconstit~ativna4 by a decision af any court
of competent ~urrsdiction, such decisEan shall not affect the validity of the remain~ng
portions of this Ordknance The City Counc~l hereby declares that it would ~ave passed
this Ordi~ance and each and e~ery sec#ion, su~sectian, sentence, clause, ~r phrase not
declared invalid ar unconstitutional withaut regard to whether any part~o~ of the ordinance
would be subsequently declared invalid or unconst~tutional
SECTION 7 The Mayar shall s~gn and the City Clerk shaCl attest to the passage
of this Ord~nance The City C1erk shall cause the same to be publ~s~ed once in the official
newspaper within 15 days after its adoption This Ordinance sha~l became effecti~a 3D
days from its adoption
APPROVED AS TO FORM
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MARSHA~ONES MOUTRIE
Caty Attorney
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ATTACHIVV~ENT B
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