SR-05-13-2008-7B~~~
~;,yo, City Council Report.
Santa Monica
City Council Meeting: May 13, 2008
Agenda Item: ~g
To: Mayor and City Council
From: Eileen Fogarty, Director of Planning and Community Development
Subject: Ordinance Modifying Conditionally Permitted Uses in the Main Street
Commercial District
Recommended Action
Introduction and first reading of an ordinance modifying Santa Monica Municipal Code
(SMMC) Section 9.04.08.28.040 -Conditionally Permitted Uses in the Main Street
Commercial District to permit the incidental sale of merchandise at, the Main Street
Farmers Market by individual businesses located in the district. Applicant: Main Street
Farmers Market
Executive Summary
The proposed ordinance amendment will permit the incidental sale of merchandise by
individual Main Street businesses with valid business licenses at the section of the
market called "Little Main Street". The items offered for sale must be representative of
the items offered for sale within the established businesses. The sales of services such
as acupuncture, manicure, hair coloring, hair cutting and styling; etc. and the sale of
alcoholic beverages would be prohibited. at Little Main Street. The City's Main Street
Farmers Market staff, with support from the Main Street merchants and Ocean Park
Association, is requesting the ordinance modification which has no financial impacts to
the City.
Background
The Main Street Farmers Market, which opened in 1995, was legally established by
Conditional Use Permit 97-021 in 1997 following the adoption of an ordinance to permit
the. market by CUP in the Main Street Commercial District. The Main Street Farmers:
Market, which operates on Sundays from 9:30am to 1:OOpm, 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.
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The farmers market was initiated by a request from the former Ocean Park Community
Organization (OPCO) and the Main Street Business Improvement Association, who saw
an influx of more expensive retail shops along Main Street from which many residents
felt excluded, resulting in declining pedestrian activity from local residents. Residents
asked for a weekly event within walking distance that would offer products affordable to
the community. City staff worked with OPCO to establish the open. air farmers market
which, since its inception, has also provided live music and children's activities to
enhance the neighborhood character and ambience of the market experience. Copies
of the 1997 Planning Commission staff report and Statement of Official Action for
CUP97-021 are available for the Council's review.
The proponents of the Main Street Farmers Market always envisioned participation by
the .Main Street businesses in the Sunday market; therefore, Farmers Market staff
initiated "Little Main Street" which offers the outdoor sale of merchandise at the Sunday
market by Main St. merchants. The Main Street vendors at the market are selected by
the Main St. Business Improvement Association under the general direction of the
Farmers Market management.. The proposed ordinance legalizes this commercial
component of the Sunday market by adding language that specifically allows such sales
activity in addition to the sale of products related to the farmers market.
The Code definition of an open air farmers market is the sale of agricultural products by
producers and certified producers. The market may offer the sale of ancillary products;
however, the variety of items that the Main Street businesses sell exceeds that
contemplated by Code. Since there is no connection between the agricultural products
and the products sold by the Main Street businesses, the sale of the latter products
could not be considered ancillary to the agricultural product sales and are not
authorized by the. Code definition of an open air farmers market. "Little Main Street" has
received the continued support of the neighborhood, has enhanced the market
experience and has increased pedestrian activity on Sunday mornings in the area.
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Therefore, the Farmers Market staff has requested the ordinance modification to allow
"Little Main Street" to continue. No new CUP is required for the market since the
proposed ordinance permits the sale of merchandise under the existing CUP
Discussion
Ordinance Modification
The following language would be added to Santa Monica Municipal Code (SMMC)
Section 9.04.08.28.040 -Conditionally Permitted Uses, Subsection (n) (added language
in Italics):
(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 sen~ices, 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
The proposed ordinance will allow the continuation of "Little Main Street" where a
greater variety of items are sold at the Sunday market to better serve customers and
which was always envisioned as part of the market to provide a showcase for Main St.
merchants. The sale of services such as acupuncture, massage, manicure, hair coloring
or haircuts and styling are prohibited at Little Main Street due to health regulations. The
sale of alcoholic beverages is also prohibited at Little Main Street.
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General Plan Consistency
The proposed ordinance modification is consistent in principle with the goals, objectives,
policies, land uses and programs specified in the adopted General Plan. The proposed
use is consistent with the goals, objectives, and policies of the 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 areas
large number of tourists." Additionally, the public health, safety and general welfare
require the adoption of the proposed amendment 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.
Commission Action
On January 16, 2008 the proposed ordinance was presented to the Planning
Commission. The Commission voted unanimously on consent to recommend the
proposed ordinance amendment to the Council.
Environmental Analysis
The proposal to modify the variety of items available for sale at the Main Street Farmers
Market requires a modification to the Zoning Ordinance and, as such, is a legislative
action by the City that is subject to the requirements of the California Environmental
Quality Act (CEQA). 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
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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.
Public Outreach
Notice of the proposed ordinance language and the Planning Commission and Council
hearings was published in the Santa Monica Daily Press a minimum of 10 days prior to
the hearings.
Financial Impacts & Budget Actions
There are no financial impacts to the City or required budget actions by the Council
associated with the proposed ordinance.
Prepared by:
Paul Foley, Principal Planner
Approved:
Forwarded to Council:
i
Director, Plap
Development
unity
~mont Ewell
Manager
ATTACHMENT A: Proposed Ordinance
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City Council Meeting 5-13-08 Santa Monica, California
ORDINANCE NUMBER (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
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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 contained 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
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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 April 8, 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 forthose 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
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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.
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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.
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(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.
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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:
mac? ~,~, ,~-
MAR A JONES OUTRIE ~
City Attorney
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