Ordinance Modifying Conditionally Permitted Uses in the Main Street Commercial District

City Council Meeting: May 13, 2008

Agenda Item: 7-B

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 would be permitted 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 1:00pm, 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.

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. 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 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.

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.

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 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:

Eileen Fogarty

Director, Planning and Community Development

P. Lamont Ewell

City Manager

ATTACHMENT A: Proposed Ordinance

ATTACHMENT A

Proposed Ordinance

City Council Meeting 4-22-08 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

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

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 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.

(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.

(j) 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.

(l) Museums.

(m) Music conservatories and instruction facilities.

(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:

_________________________

MARSHA JONES MOUTRIE

City Attorney