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SR-401-044 PCD:SF:JT:f:\plan\share\council\strpt\publndsta.doc Council Mtg: October 26, 1999 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Sections 9.04.08.36.030 and 9.04.12.150 and to Add Section 9.04.02.030.553 to Allow Outdoor Antique Markets in the Public Lands (PL) Overlay District. Introduction This report recommends that the City Council introduce for first reading an ordinance to amend Sections 9.04.08.36.030 (Public Lands District) and 9.04.12.150 (Performance Standards) and to add Section 9.04.02.030.553 (Definitions) to Article IX of the Santa Monica Municipal Code to allow outdoor antique markets in the Public Lands (PL) Overlay District subject to the approval of a Performance Standards Permit (PSP). On August 4, 1999, the Planning Commission voted 4-3 to recommend approval of these modifications. The proposed ordinance is contained in Attachment A. Background An outdoor antique market has been held at Santa Monica High School and Olympic High School once a month. The antique markets are for the purpose of raising money for Santa Monica School programs. For the Santa Monica High School event, a Temporary Use Permit was approved for a period of 6 months. City Council subsequently directed City Planning staff to prepare an ordinance to modify the PL Overlay District to allow outdoor antique markets. The ongoing antique markets have been allowed to continue while this ordinance is being processed. - 1 - Discussion The proposed ordinance amendments would allow outdoor antique markets to operate as a use subject to a Performance Standards Permit (PSP) and would apply to allproperties located in the PL Overlay District. There are a total of 20 properties citywide located in the PL Overlay District, 16 of which are school property sites located primarily within residential districts. The remaining 4 properties are City controlled (see Attachment B). The proposed ordinance amendment provides a means to continue an existing community amenity and the opportunity to establish similar uses in other parts of the City. Accordingly, the proposed ordinance would establish a definition of an outdoor antique market and a set of performance standards. The proposed performance standards will ensure events function in a harmonious manner with surrounding land uses. An outdoor antique market selling antiques and collectibles, including furniture, home furnishings, ceramics, clothing, jewelry, and vintage books, is a community oriented event that creates a place for neighborhood interaction. When operated in compliance with the proposed performance standards, which are designed to control noise, traffic, trash disposal, and operating hours, this use will be compatible with surrounding land uses. Furthermore, the short term nature of the event results in a use that will not create ongoing negative impacts. Staff believes that the PSP process is more appropriate than a Conditional Use Permit (CUP) process for these events due to the temporary nature of the use and the streamlined application process. The PSP standards limit the use to one event per month lasting no - 2 - more than two consecutive days. Staff believes that this type of limited, daytime use does not have the potential to impact adjacent properties to the same extent as uses that require a CUP. Therefore, staff believes a PSP will adequately address individual compatibility concerns. The proposed performance standards will help to ensure compatibility with surrounding land uses because events will be limited to once per month at a given location; no amplified music or loudspeakers will be audible beyond the boundaries of the event; operating hours will be limited; a parking and circulation plan must be prepared to ensure vehicular traffic will not adversely impact the surrounding neighborhood; and security will be required for all events. Planning Commission Action At its August 4, 1999 hearing the Planning Commission recommended approval of the proposed standards. The Commission also directed staff to analyze the possibility of establishing a durational PSP. The Commission was concerned about unforeseen future impacts, even though an event might otherwise comply with all conditions and requirements related to compatibility. Staff believes it unnecessary to attach time limits to this type of permit. Measures to ensure that an event remains compatible with surrounding land uses are established through the PSP standards. Furthermore, specific findings must be made in an affirmative manner prior to approving the use. These findings require that: ? the proposed use is listed as a use permitted pursuant to performance standards; ? the proposed use conforms precisely to the performance standards for the proposed use; ? the physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. - 3 - Therefore, in addition to, at a minimum, complying with the performance standards, the operation must be determined to be compatible with the surrounding neighborhood. The proposed PSP standards will ensure that the event will function in a harmonious manner with existing land uses by limiting the hours of operation and the event’s frequency. The PSP standards require security be provided during all hours of the event, proper trash disposal, sufficient parking, and that music/noise not be audible beyond the property boundaries. The standards provide the Zoning Administrator with the discretion to modify aspects of a specific event to ensure that the event will be compatible with the surrounding land uses. For example, the standards, allow event setup to begin at 5 a.m. However, this may be only approved if the event is determined to be compatible with the surrounding neighborhood. Staff believes that, if there are other operational concerns with antique market events, Council should identify those concerns. Additional Performance Standards could then be included in the proposed ordinance to address these issues. Additionally, the Zoning Ordinance provides an appeal and a revocation process for PSPs. Any member of the public can appeal the Zoning Administrator decision to the Planning Commission within fourteen consecutive calendar days of the decision date. PSP determinations are required to be mailed to the applicant and to the property owners and residents of parcels adjacent to the parcel for which a PSP is requested. Copies of the decision are also provided to the Planning Commission. Further, an approved PSP can be revoked by the Zoning Administrator, or at the discretion of the Planning Commission, if the permit was obtained by misrepresentation or fraud, if the use has ceased or been suspended for six or more consecutive calendar months, if the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary - 4 - to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. Staff believes these existing code provisions are the appropriate mechanisms for reconsidering a Zoning Administrator action and ensuring ongoing compliance with conditions of approval. CEQA Status The proposed text amendment is categorically exempt pursuant to Section 15305, Class 5(c) of the State CEQA Guidelines in that the proposed text amendment to allow outdoor antique markets in the PL Overlay District will not result in any additional development and will allow for a short term, temporary use consistent with the intent of the PL Overlay District to preserve and protect open space and retain land for educational purposes. Thus, the proposed ordinance is considered a minor alteration to land use limitations which does not result in any change to land use or density. Public Notification A display advertisement was published in The Argonaut at least ten consecutive calendar days prior to the hearing (Attachment E). Budget/Financial Impact The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION - 5 - It is recommended that the City Council introduce the attached ordinance for first reading. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Acting Principal Planner Susan Healy Keene, AICP, Acting Senior Planner Bradley J. Misner, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Proposed Ordinance B. Map of Public Lands Overlay Sites C. Planning Commission Staff Report D. Planning Commission minutes E. Public Notice BM F:\PLAN\SHARE\COUNCIL\STRPT\publndsta.doc July 5, 2007 - 6 -