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SR-400-005-18 (3) PCD:SF:JT:AS:JC:BL:f:\plan\share\council\strpt\03\03app006Market Council Mtg: September 23, 2003 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Appeals 03-006 and 03-007 of the Planning Commission’s Approval of CUP 00-030 to Modify Development Standards and Allow Continued Operation of a Nonconforming Neighborhood Market Located at 672 Marine Street, in the OP-2 District. Applicant: Young Ann (store Owner)/Appellants: Abby Arnold and Peter Kim INTRODUCTION This report recommends that the City Council deny both appeals and uphold the Planning Commission’s approval CUP 00-030 while extending operating hours of the neighborhood market. On April 23, 2003, the Planning Commission voted unanimously to approve the project with conditions. The Appeal Statements are contained in Attachment A. BACKGROUND In 1929, the parcel on which the neighborhood grocery store is located was zoned “Class B, Income.” In 1946, the parcel was rezoned to the R2 District, which did not specify neighborhood grocery stores as a permitted use. Records are not available to determine when the original use was established, however it is likely that the building has been occupied by a market since it was constructed in 1929. In 1948, the City adopted an ordinance requiring all commercial uses in residential districts to be removed in 25 years. As a result of this ordinance, successive owner’s of the grocery store obtained Conditional Use Permits in 1973 and 1985 to allow the grocery store to 1 continue operating until October 29, 2000. The applicant submitted CUP 00-030 on November 16, 1999 to allow the market to continue. The owner of a different market submitted Text Amendment 03-001 earlier this year. Text Amendment 03-001 also applies to this application because the market does not comply with pertinent development standards and the text amendment allows the Planning Commission, or City Council on appeal, to modify development standards and the operating hours of existing neighborhood markets. Text Amendment 03-001 was adopted by the City Council on July 22, 2003 pursuant to Ordinance 2090 (CCS). ANALYSIS The applicant requests continued operation of the existing nonconforming neighborhood grocery store in the OP2 District. The Conditional Use Permit that allowed the nonconforming neighborhood grocery store to operate for a limited term expired on October 29, 2000. Santa Monica Municipal Code (SMMC) Section 9.04.18.040(h) allows the Planning Commission, or City Council on appeal to extend or renew the Conditional Use Permit to allow the neighborhood market use to continue even if the prior limited term CUP has expired, but only if all of the findings set forth in SMMC Section 9.04.20.12.040 can be made in an affirmative manner. The market does not conform with the building setbacks, lot coverage and off-street parking required in the OP-2 District. Accordingly, one of the CUP findings cannot be made in an affirmative manner and the CUP cannot 2 be approved unless the special conditional use permit standards for this neighborhood market are modified pursuant to recently adopted Ordinance 2090 (CCS). Planning Commission Action The Planning Commission considered this request on April 2, 2003 and April 23, 2003. Although City policy supports neighborhood-serving uses, staff recommended denial at the April 2, 2003 hearing because the permit holder was and is still violating conditions of CUP 384 and the Zoning Ordinance. Based on overwhelming support from residents, the Planning Commission determined that this neighborhood market provides a valued service to the neighborhood, reduces vehicle trips and contributes to the neighborhood character. The Commission, therefore, approved CUP 00-009 with conditions and subject to the City Council adopting Text Amendment 03-001. The Planning Commission Staff Reports and Statement of Official Action are contained in Attachments C and D. APPEAL ANALYSIS Two appeals have been filed. Both appeals support the continued operation of the market, but challenge the conditions of approval. On May 7, 2003, Appeal 03-006 was filed by Abbey Arnold on behalf of 13 neighbors (the Marine Street Neighbors). The Marine Street Neighbors contend that two existing murals that cover the building’s front windows are more neighborhood-friendly than windows, that the murals have become part of the building’s character and they prefer the murals rather than transparent glass. 3 While the neighbors support the market, they dislike the commercial advertising that dominated the window display in the past. The murals were installed temporarily over the front windows to film a television show in the mid 1980s and were never removed. On May 20, 1985, the Planning Commission approved CUP 384 contingent on restoring the front windows with transparent glass (Condition 1 of CUP 384). However, the applicant, Mr. Peter Kim failed to comply with the condition. Thus Condition 25 simply continues an obligation that was imposed and accepted by the property owner under the previous CUP. Moreover, maintenance of this condition is appropriate for public safety reasons. Both the California Department of Alcoholic Beverage Control (ABC) and the Santa Monica Police Department strongly recommend clear windows that allow public view into small markets and liquor stores to discourage crime. Criminals are less likely to commit robberies when people passing by can see them. When responding to a robbery call, police are aided by being able see into the building, allowing them to locate the perpetrator and victim before entering the building. Further, the Planning Commission and staff believe that the murals are inconsistent with the Ocean Park Neighborhood Design Guidelines to orient the building and pedestrian activity to the street frontage. The murals are also inconsistent with the building’s 1929 historic context and architecture. In addition, CUP 03-030 Condition 9 restricts window advertising to address the neighbors concern about commercial advertising. The second appeal, APP 03-007 was filed on May 7, 2003 by Peter Kim, the property owner. Mr. Kim contends that there is no nexus between granting CUP 00-030 and 4 Conditions 3, 8, 14, 25, 26 and 27. All but one of the conditions relate to physical improvements to the property. Mr. Kim also contends that the City cannot require the window restoration because a building permit was previously approved for earthquake retrofit work that allowed the windows to be filled. As discussed in the background information, the prior CUPs were limited term. Conditions were commonly minimized when approving limited term CUPs because it was expected that the nonconforming commercial use would be abated in the foreseeable future. The need to impose additional conditions to upgrade properties and ensure that the commercial uses being approved will continue to be compatible with adjacent residential properties was addressed when the City amended the Zoning Ordinance to allow non-expiring CUPs. SMMC Section 9.04.18.040(f) provides that the “Planning Commission (or City Council on appeal) may impose such conditions as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan, including conditions designed to insure compatibility of the existing commercial or industrial use with neighboring residential uses.” The mandatory findings necessary to modify development standards and approve a new CUP give further authority and discretion to impose additional conditions of approval. Condition 8 is an operational condition that limits the amount of alcoholic beverages on display to 20% of the store’s inventory. Neighborhood grocery stores are not permitted to sell alcoholic beverages. Accordingly, this market is legal-nonconforming because it has operated with a Type-20 (Off-sale Beer and Wine) alcohol license prior to the City requiring a conditional use permit and special standards for alcohol outlets. The prior CUP was approved for a grocery market use and specifically restricted any change in 5 mode or character pertaining to alcohol sales. CUP 384 limited alcohol because liquor stores were not permitted in residential districts and the existing sale of alcohol was a nonconforming use. As shown on the application plans and site inspections, the inventory devoted to alcohol is currently well below 20%. Condition 8, therefore, merely restates prior conditions and requirements of the Municipal Code and clarifies that this business must continue to operate as a grocery market. Condition 3 provides a 180 day period to correct violations of the prior CUP, including restoration of the front windows (condition 25) and provision of a trash enclosure. It also allows 180 days to construct a parking area with landscaping (condition 27) and complete some façade work including removing some exterior window bars and conduit (condition 26). The appellant objects to Conditions 25 and 26 relating to other building improvements. Mr. Kim contends that the City cannot require the window restoration required in Condition 25 because a building permit was previously approved for earthquake retrofit work that allowed the windows to be filled. Mr. Kim contends that the windows could not be restored because it would make the building unsafe during an earthquake. Building permit records indicate that structural calculations used to determine that the building met minimum seismic standards were based on the closed windows. Restoring the windows would likely require some earthquake retrofit work to meet safety standards. However, there are other reasonable structural retrofit methods available that exceed the structural benefit of closing the four foot wide by five foot window openings. 6 While seismic safety is critical, retrofit work must also comply with other regulations, including, but not limited to Architectural Review regulations. Hundreds of unreinforced masonry buildings have been retrofitted without eliminating front windows. Mr. Kim accepted this condition when it was imposed pursuant to CUP 384, but believes that it is now too costly. The front windows will also restore the building’s 1929 architecture and is consistent with the Ocean Park Neighborhood Design Guidelines to orient the building and pedestrian activity to the street frontage. As discussed previously, the windows are also necessary crime prevention measures. Condition 26 requires the removal of exterior window bars and electric conduit. It also requires paint to be removed from the original brick finish, or the entire building façade to be painted using a color palette and design consistent with the building’s architectural features and design. The specific criteria of this condition are subject to a design proposal from the property owner to be reviewed and approved by the Architectural Review Board. The building has been poorly maintained in the recent past. This condition is necessary to make the project compatible with the residential neighborhood context. Condition 14 simply implements the requirement of SMMC Section 9.04.14.080(f) to provide a curbside loading space. Not only is this a code requirement, there is adequate curbside parking to comply with the requirement. While the Zoning Ordinance requires four parking spaces, the Planning Commission approved a modification to allow three spaces that would not comply with all size 7 requirements. The rear lot is in poor condition and has been poorly maintained in the recent past. A level parking surface, landscaping and a trash enclosure are necessary to comply with Zoning Ordinance requirements and make the project compatible with the residential neighborhood context. The applicant proposed to pave, stripe and landscape the rear lot area if the new CUP was approved. Conditions 27 require a parking design that provides one additional on-street space by closing the existing substandard driveway apron. Other than removing the substandard driveway apron, Condition 27 is consistent with the parking lot design submitted by the applicant. Modification of Operating Hours Pursuant to Ordinance 2090 (CCS), Appellant 2 requests the City Council amend restrictions on the store’s operating hours to allow it to operate from 7:00 a.m. to 10:00 p.m. daily. The normal operating hours for neighborhood markets is 8:00 a.m. to 9:00 p.m. daily. The City Council recently amended the Zoning Ordinance to allow the Planning Commission, or City Council on appeal, additional authority to modify the operating hours of existing legal-nonconforming neighborhood market. The applicant requests the market be open from 7:00 a.m. until 10:00 p.m. daily. The ambient noise level drops significantly after 10:00 p.m. during the week and after 11:00 p.m. weekends. Noise that is acceptable during the active hours of the day can become an annoyance during late night hours. Since the proposed hours would not extend past 10:00 p.m., the operation would not cause adverse impacts on the residential neighbors and staff supports the request. Condition 17 includes the amended 7:00 a.m. to 10:00 p.m. operating hours. 8 The Planning Commission, in its review of neighborhood markets, was supportive of expanded operating hours for this use. Conclusion This neighborhood grocery store has served the surrounding neighborhood for a long period of time and has significant support from the neighbors as demonstrated by petitions submitted to staff and the number of residents who spoke in favor of the market at the Planning Commission meeting. This neighborhood market provides a valued service to the neighborhood, reduces vehicle trips and contributes to the neighborhood character. Staff believes the use should be continued. Each condition recommended is necessary to insure long-term compatibility of the commercial market use with neighboring residential uses and to comply with pertinent regulations and City standards. The proposed 7:00 a.m. to 10:00 p.m. operating hours are supported by residents and are not likely to cause adverse impacts on the residential neighbors CEQA STATUS The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the State Guidelines for Implementing the California Environmental Quality Act in that the project would allow the continued use of a residentially zoned property for a commercial neighborhood grocery store which would involve no expansion of use. 9 RENT CONTROL STATUS The proposal will not affect the second floor residential unit and a Commercial Project Exemption is on file. PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment E. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact RECOMMENDATION It is recommended that the Council 1) deny the appeals and uphold the Planning Commission approval, allowing the continued operation of the existing neighborhood grocery store; 2) allow the store to operate from 7:00 a.m. to 10:00 p.m. daily pursuant to the following findings and conditions: MODIFICATION FINDINGS 1. That the use has been in continuous operation since the effective date of the Zoning Ordinance (September 8, 1988), in that the market has been in continues operation since 1948. 2. That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to 10 other developments covered by this Chapter, in that the market building complied with development standards when it was constructed in 1929. In order to comply with current setback requirements, the existing building would need to be 4’ from the north side, 10’ from the east (Seventh Street) side property line and 15’ from the front property line. This would result in a reduction of 69% in the building’s floor area. Reducing the building’s floor area, which also reduces the amount of inventory available to customers by 69%, represents an unreasonable hardship. The costs associated with demolishing and constructing a new building would also be substantial. Current regulations require four parking spaces and one off- street loading space. However, there is only sufficient lot area to provide three parking spaces behind the building. While a two-car parking design would also meet loading space requirements, a loading space would be under utilized due to commercial vehicle access limitations, and the additional on-site parking space is more beneficial to the neighborhood’s limited parking resources. Accessing the parking lot from the alley and removing the substandard driveway apron will increase curbside parking. 3. That the granting of a modification would not adversely affect surrounding properties or be detrimental to the district's residential-oriented environment, in that the neighborhood grocery store is a neighborhood serving use, has served the surrounding neighborhood for a long period of time and can be upgraded to improve its appearance to be more compatible with its residential context. Paving and landscaping the rear parking lot, removing exterior conduit and window bars, and restoring the building’s 1929 façade will minimize the commercial impacts of the market on the surrounding low-density residential neighborhood. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that, the Zoning Ordinance allows existing neighborhood grocery stores in residential districts with the approval of a Conditional Use Permit. Subject to the Planning Commission modifying side yard setback requirements pursuant to TA 03-001, the project complies with the special standards for neighborhood grocery stores. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the neighborhood grocery store has been in operation for over 50 years and serves the surrounding area. Although the market does not currently comply with neighborhood market standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses and to protect the public health, safety, and general welfare. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the subject project can be upgraded to reasonably comply with pertinent standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses. 11 4. The proposed use is compatible with any of the land uses presently on the subject parcel, if the present land uses are to remain, in that the neighborhood grocery store is an existing commercial use, which has been located at the site with a second story apartment for more than 50 years. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located in that the neighborhood grocery store is an existing use which has been located at the site for more than 50 years. Although the market does not currently comply with neighborhood market special standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site has street frontage on Marine Street and Seventh Street. In addition, the neighborhood market is within walking distance for a large residential population and has adequate on- site parking to accommodate customers. 8. Subject to Conditions 7, 8, 9, 25, 27 and 30, the physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that although the market does not currently comply with neighborhood standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with the neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the proposed use is neighborhood serving while preserving the existing scale and character of the surrounding area. Further, Circulation Element Policy 4.1.2. encourages land use patterns which reduce vehicle miles traveled and the number of vehicle trips. The grocery store is in close proximity to many residential units and reduces the number of vehicle trips needed by area residents needing routine grocery items. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses and to protect the public health, safety, and general welfare. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning 12 Ordinance, in that all special standards for neighborhood markets have been met, with the exception of building setbacks, lot coverage, off-street parking and off-street loading. The Planning Commission has modified these special standards for this neighborhood market since 1) the market has been in continuous operation since the Zoning Ordinance’s effective date; 2) the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter in that the market occupies an existing structure where compliance with physical development would require building demolition and markets are currently allowed in the OP2 District subject to a Conditional Use Permit; and 3) the granting of this modification would not adversely affect surrounding properties or be detrimental to the district’s residential-oriented environment in that the two- story market building has been located on the site since 1925 without adversely impacting the residential character. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the neighborhood grocery store is 620 feet away from the nearest commercial area and there is no other neighborhood markets located in this residential neighborhood. CONDITIONS : 1. The approval of CUP 00-030 is contingent on the City Council adopting TA 03-004. CUP 00-030 is not valid until an ordinance that implements TA 03-004 becomes effective. [Note: to minimize confusion while reviewing the appeal statements and Planning Commission STOA, these conditions will use the same numbering until the City Council STOA is prepared] 2. These Conditions replace and supersede the conditions from CUP 384. 3. This approval is for those plans dated January 8, 2001, a copy of which shall be maintained in the files of the City Planning Division. The plans shall be amended to locate the trash enclosure adjacent to an interior wall in-lieu of being adjacent to the street and the driveway apron removed. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Improvements to the property shown on the plans and specified in these conditions, including, but not limited to constructing a trash enclosure, paving and landscaping the rear parking lot and building façade work shall be completed within 180 days from the effective date of this permit. Reinstallation of the front windows pursuant to Condition 25 shall be completed within 180 days from the effective date of this permit. Modifications to the building’s facade shall maintain and enhance the building’s historic context. 4. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 13 5. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Operational 6. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of light, noise, activities, parking, or other actions. 7. The use shall continue to be limited to that of a neighborhood food market carrying a full line of grocery items. 8. Only 20% of the shelf area may be stocked with beer and wine and no liquor is permitted. 9. All signs other than the “Market” sign over the entrance shall be removed, including those in the windows and in the parking lot. Only permanent signs that are specifically approved by the ARB may be allowed. Because of the residential context and OP2 District sign limitations, new signs should be limited to the markets name, such as Mini-Mart, Marine Street Market, building address and exempt regulatory signs, such as customer parking only. 10. The premises shall be maintained in an acceptable state of repair and maintenance, including the landscaping, trash enclosure, adjacent parkways and sidewalks and fencing. 11. No business license shall be renewed or issued to any owner until the above conditions have been met. 12. That the owner and operators and all their assigns, employees or agents shall obey all laws and ordinances, particularly those relating to the sale of alcoholic beverages and conviction for violation of such laws shall be cause for revocation of this permit and forfeiture of all rights included therein. 13. The neighborhood grocery store shall be operated completely within an enclosed building. The store “unit” may not be used for residential purposes. 14. One (1) on-street passenger loading zone space shall be located adjacent to the entrance to the store on Seventh Street for use by customers who arrive by automobile. The applicant shall reimburse the City for the costs of painting the curb, posting signs and installing a parking meter that may be necessary to designate and enforce the passenger loading zone between 8:00 a.m. and 9:00 p.m. as determined by the City Transportation Management Division. 14 15. No exterior activities such as trash disposal or other maintenance activity generating noise audible from the exterior of the building shall be conducted between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00 p.m. and 9:00 a.m., Saturday and Sunday. Trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. No after hours operation shall be permitted. 16. Lighting shall comply with SMMC Section 9.04.10.02.270, which states that all outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed .5 footcandles of illumination beyond the property and shall not blink, flash, oscillate or be of unusually high intensity of brightness. The design of the lighting fixtures shall maintain and enhance the building’s historic context. 17. The store may be open for business only between 8:00 a.m. and 9:00 p.m. 7:00 a.m. and 10:00 p.m. 18. Deliveries shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. 19. Exterior mechanical equipment shall comply with current City screening and noise regulations SMMC Sections 4.12 and 9.04.10.02.130 - 9.04.10.02.150. 20. The trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. 10:00 p.m. and 7:00 a.m. 21. Within 14 days of the effective date, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. 22. The applicant is on notice that signage, exterior modifications, or exterior alterations require prior approval of the Architectural Review Board, see Condition 3, 9 and 28. The Architectural Review Board shall pay particular attention to insure that modifications to the facade maintain and enhance the building’s historic context. 23. The store operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol sales. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. All new employees shall attend the alcohol awareness training within 90 days of hiring. In the event 15 the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future citywide alcohol awareness training program condition affecting similar establishments. 24. Any increase or intensification in the mode or character or operation of alcohol sales shall require application for an alcohol outlet Conditional Use Permit. The applicant is on notice that no increase or intensification in the mode or character or operation of nonconforming alcohol uses is permitted as of the date of this permit. 25. The ground floor window treatment shall be modified to restore transparent glass to allow view into the market. The design and materials used in the window installation shall maintain and enhance the building’s historic context. 26. Electrical conduit and window bars that have been installed on the exterior of the building shall be removed. Electrical conduit, pipes and security bars may be installed inside the building with pertinent permits. The natural brick color and finish shall be restored by removing the paint and applying a graffiti resistant clear coating on the lower portion, or the building façade shall be painted using a color palette and design consistent the building’s architectural features and design. A graffiti resistant coating should be used on the lower portion of the building. The Architectural Review Board shall pay particular attention to insure that modifications to the facade maintain and enhance the building’s historic context. 27. The neighborhood market shall provide and maintain three (3) parking spaces. One of the spaces may also be used as an on-site delivery loading space. The rear parking area shall be paved, striped and landscaped pursuant to the approved site plan. 28. Landscaping shall be installed and maintained along the parking lot, in front of the building below the front windows and along the adjacent parkways. The design of the landscape and irrigation system shall be approved by the Architectural Review Board. 29. Although the rear parking lot does not meet off-street loading area requirements, the market operator shall encourage vendors and small delivery trucks to use the on-site parking resources when available. Loading and unloading for store merchandise and trash pick-up shall be permitted only between 8:30 a.m. and 6:00 p.m. Monday through Friday. 30. A 5’ x 9’ trash and recycling enclosure shall be provided and maintained. Its walls shall be at least six feet high and constructed of decorative concrete block. A solid, view obscuring lockable gate shall be provided. Separate trash container(s) 16 shall be provided for the residential tenant. The trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. Validity of Permits 31. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 32. Within ten days of City Planning Division transmittal of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition may constitute grounds for potential permit revocation. 33. This determination is effective immediately. The approval of this permit shall expire if the rights granted are not exercised within one yearfrom the permit’s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six-month extension may be permitted if approved by the Director of Planning and Community Development. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner John Chase, Urban Designer Bruce Leach, Associate Planner City Planning Division Planning and Community Development Department ATTACHMENTS: A. Appeal Statements of Marine Street Neighbors & Peter Kim B. Copy of CUP 384 C. 4/2/03 & 4/23/03 Planning Commission Staff Reports D. CUP 00-030 Statement of Official Action E. Notice of Public Hearing F. Correspondence/Petitions G. Site & Floor Plans 17 ATTACHMENT A Appeal Statements of Marine Street Neighbors & Peter Kim Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 18 ATTACHMENT B Copy of CUP 384 Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 19 ATTACHMENT C 4/2/03 & 4/23/03 Planning Commission Staff Reports 20 CP:JT:AS:PF:BL:f:\plan\share\pc\strpt\00\00CUP030 Santa Monica, California Planning Commission Mtg: DATE April 23, 2003 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 00-030 Address: 672 Marine Street Applicant: Young Ahn, Store Owner Property Owner: Peter Kim Trust INTRODUCTION Action: A continued hearing on an application for a Conditional Use Permit (CUP) to allow the continued use of an existing nonconforming neighborhood grocery store in a residential district. The Conditional Use Permit that allowed the neighborhood grocery store to operate for a limited term has expired, and a new permit is required. However, the market is inconsistent with Municipal Code requirements for neighborhood markets which prevents approving a new CUP unless the special conditional use permit standards for neighborhood markets are modified pursuant to pending Text Amendment 03-004. The Planning Commission continued final action to the April 23, 2003 meeting so staff could prepare findings to support Planning Commission approval with conditions. Recommendation: Approval with conditions. PROJECT DESCRIPTION The applicant requests continued operation of an existing nonconforming neighborhood grocery store in the OP2 District. The Conditional Use Permit that allowed the nonconforming neighborhood grocery store to operate for a limited term expired on October 29, 2000. Santa Monica Municipal Code (SMMC) Section 9.04.18.040(h) allows the Planning Commission to extend or renew the Conditional Use Permit to allow the neighborhood market use to continue even if the prior limited term CUP has expired, but only if all of the findings set forth in SMMC Section 9.04.20.12.040 can be made in an affirmative manner. However, the market does not conform with building setbacks, lot coverage and off-street parking required in the OP-2 District. Accordingly, one of the CUP findings cannot be made in an affirmative manner and the CUP cannot be approved unless Text Amendment 03-004, which is being considered under a different application, is adopted and the Planning Commission modifies the special conditional use permit standards for this neighborhood market. 21 MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Subject to the City adopting proposed Text Amendment 03-004, the Planning Commission approving a modification allowing the existing setbacks, lot coverage and off-street parking to continue and the permit holder correcting violations of conditions, the proposed project is consistent with the Municipal Code as shown in Attachment A. HISTORIC RESOURCES INVENTORY STATUS The existing building on the project site was built in 1929, but is not identified in the City's Historic Resources Inventory. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080, within 15 days after the subject Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. A copy of the site posting photograph is contained in Attachment A. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the “California” Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment A. Background Although City policy supports neighborhood-serving uses, staff recommended denial at the April 2, 2003 hearing because the permit holder was and is still violating conditions of CUP 384 and the Zoning Ordinance. After considering the application at the April 2, 2003 hearing, the Planning Commission directed staff to prepare the following findings that would support approval with conditions for consideration at this meeting. RECOMMENDATION It is recommended that the Planning Commission: 1) Modify building setbacks, lot coverage and off-street parking requirements; 2) Approve CUP 00-030 based on the following findings, conditions; and 22 3) Specify that the approvals are subject to and are not valid until the City Council adopts an ordinance implementing TA 03-001. MODIFICATION FINDINGS 1. That the use has been in continuous operation since the effective date of the Zoning Ordinance (September 8, 1988), in that the market has been in continues operation since 1948. 2. That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter, in that the market building complied with development standards when it was constructed in 1925. In order to comply with current setback requirements, the existing building would need to be 4’ from the north side, 10’ from the east (Seventh Street) side property line and 15’ from the front property line. This would result in a reduction of 69% in the building’s floor area. Reducing the building’s floor area, which also reduces the amount of inventory available to customers by 69%, represents an unreasonable hardship. The costs associated with demolishing and constructing a new building would also be substantial. Current regulations require four parking spaces and one off- street loading space. However, there is only sufficient lot area to provide three parking spaces behind the building. While a two-car parking design would also meet loading space requirements, a loading space would be under utilized due to commercial vehicle access limitations, and the additional on-site parking space is more beneficial to the neighborhood’s limited parking resources. 3. That the granting of a modification would not adversely affect surrounding properties or be detrimental to the district's residential-oriented environment, in that the neighborhood grocery store is a neighborhood serving use, has served the surrounding neighborhood for a long period of time and can be upgraded to improve its appearance to be more compatible with its residential context. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that, the Zoning Ordinance allows existing neighborhood grocery stores in residential districts with the approval of a Conditional Use Permit. Subject to the Planning Commission modifying side yard setback requirements pursuant to TA 03-001, the project complies with the special standards for neighborhood grocery stores. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the neighborhood grocery store has been in operation for over 50 years and serves the surrounding area. Although the market does not currently comply with neighborhood market 23 standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses and to protect the public health, safety, and general welfare. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the subject project can be upgraded to reasonably comply with pertinent standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses. 4. The proposed use is compatible with any of the land uses presently on the subject parcel, if the present land uses are to remain, in that the neighborhood grocery store is an existing commercial use, which has been located at the site with a second story apartment for more than 50 years. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located in that the neighborhood grocery store is an existing use which has been located at the site for more than 50 years. Although the market does not currently comply with neighborhood market special standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site has street frontage on Marine Street and Seventh Street. In addition, the neighborhood market is within walking distance for a large residential population and has adequate on- site parking to accommodate customers. 8. Subject to the City Council adopting TA 03-001, the physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that although the market does not currently comply with neighborhood standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with the neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the proposed use is neighborhood serving while preserving the existing scale and character of the surrounding area. Further, Circulation Element Policy 4.1.2. encourages land use patterns which reduce vehicle miles traveled and the number of vehicle trips. The grocery store is in close proximity to many residential units and reduces the number of vehicle trips needed by area residents needing routine grocery items. 10. The proposed use would not be detrimental to the public interest, health, safety, 24 convenience, or general welfare, in that the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses and to protect the public health, safety, and general welfare. 11. Subject to the City Council adopting TA 03-001, the proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that all special standards for neighborhood markets have been met, with the exception of building setbacks, lot coverage, off-street parking and off-street loading. The Planning Commission has modified these special standards for this neighborhood market since 1) the market has been in continuous operation since the Zoning Ordinance’s effective date; 2) the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter in that the market occupies an existing structure where compliance with physical development would require building demolition and markets are currently allowed in the OP2 District subject to a Conditional Use Permit; and 3) the granting of this modification would not adversely affect surrounding properties or be detrimental to the district’s residential-oriented environment in that the two-story market building has been located on the site since 1925 without adversely impacting the residential character. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the neighborhood grocery store is 620 feet away from the nearest commercial area and there is no other neighborhood markets located in this residential neighborhood. CONDITIONS 1. The approval of CUP 00-030 is contingent on the City Council adopting TA 03-004. CUP 00-030 is not valid until an ordinance that implements TA 03-004 becomes effective. 2. These Conditions replace and supersede the conditions from CUP 384. 3. This approval is for those plans dated January 8, 2001, a copy of which shall be maintained in the files of the City Planning Division. The plans shall be amended to locate the trash enclosure adjacent to an interior wall in-lieu of being adjacent to the street and the driveway apron removed. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Improvements to the property shown on the plans and specified in these conditions, including, but not limited to constructing a trash enclosure, paving and landscaping the rear parking lot and building façade work shall be completed within 180 days from the effective date of this permit. Reinstallation of the front windows pursuant to Condition 25 shall be completed within 180 days from the effective date 25 of this permit. Modifications to the building’s facade shall maintain and enhance the building’s historic context. 4. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 5. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Operational 6. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of light, noise, activities, parking, or other actions. 7. The use shall continue to be limited to that of a neighborhood food market carrying a full line of grocery items. 8. Only 20% of the shelf area may be stocked with beer and wine and no liquor is permitted. 9. All signs other than the “Market” sign over the entrance shall be removed, including those in the windows and in the parking lot. Only permanent signs that are specifically approved by the ARB may be allowed. Because of the residential context and OP2 District sign limitations, new signs should be limited to the markets name, such as Mini-Mart, Marine Street Market, building address and exempt regulatory signs, such as customer parking only. 10. The premises shall be maintained in an acceptable state of repair and maintenance, including the landscaping, trash enclosure, adjacent parkways and sidewalks and fencing. 11. No business license shall be renewed or issued to any owner until the above conditions have been met. 12. That the owner and operators and all their assigns, employees or agents shall obey all laws and ordinances, particularly those relating to the sale of alcoholic beverages and conviction for violation of such laws shall be cause for revocation of this permit and forfeiture of all rights included therein. 13. The neighborhood grocery store shall be operated completely within an enclosed building. The store “unit” may not be used for residential purposes. 26 14. One (1) on-street passenger loading zone space shall be located adjacent to the entrance to the store on Seventh Street for use by customers who arrive by automobile. The applicant shall reimburse the City for the costs of painting the curb, posting signs and installing a parking meter that may be necessary to designate and enforce the passenger loading zone between 8:00 a.m. and 9:00 p.m. as determined by the City Transportation Management Division. 15. No exterior activities such as trash disposal or other maintenance activity generating noise audible from the exterior of the building shall be conducted between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00 p.m. and 9:00 a.m., Saturday and Sunday. Trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. No after hours operation shall be permitted. 16. Lighting shall comply with SMMC Section 9.04.10.02.270, which states that all outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed .5 footcandles of illumination beyond the property and shall not blink, flash, oscillate or be of unusually high intensity of brightness. The design of the lighting fixtures shall maintain and enhance the building’s historic context. 17. The store may be open for business only between 8:00 a.m. and 9:00 p.m. 18. Deliveries shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. 19. Exterior mechanical equipment shall comply with current City screening and noise regulations SMMC Sections 4.12 and 9.04.10.02.130 - 9.04.10.02.150. 20. The trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. 21. Within 14 days of the effective date, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. 22. The applicant is on notice that signage, exterior modifications, or exterior alterations require prior approval of the Architectural Review Board, see Condition 3, 9 and 28. The Architectural Review Board shall pay particular attention to insure that modifications to the facade maintain and enhance the building’s historic context. 23. The store operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state 27 management's policies addressing alcohol sales. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. All new employees shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future citywide alcohol awareness training program condition affecting similar establishments. 24. Any increase or intensification in the mode or character or operation of alcohol sales shall require application for an alcohol outlet Conditional Use Permit. The applicant is on notice that no increase or intensification in the mode or character or operation of nonconforming alcohol uses is permitted as of the date of this permit. 25. The ground floor window treatment shall be modified to restore transparent glass to allow view into the market. 26. Electrical conduit and window bars that have been installed on the exterior of the building shall be removed. Electrical conduit, pipes and security bars may be installed inside the building with pertinent permits. The natural brick color and finish shall be restored by removing the paint and applying a graffiti resistant clear coating on the lower portion, or the building façade shall be painted using a color palette and design consistent the building’s architectural features and design. A graffiti resistant coating should be used on the lower portion of the building. The Architectural Review Board shall pay particular attention to insure that modifications to the facade maintain and enhance the building’s historic context. 27. The neighborhood market shall provide and maintain three (3) parking spaces. One of the spaces may also be used as an on-site delivery loading space. The rear parking area shall be paved, striped and landscaped pursuant to the approved site plan. 28. Landscaping shall be installed and maintained along the parking lot, in front of the building below the front windows and along the adjacent parkways. The design of the landscape and irrigation system shall be approved by the Architectural Review Board. 29. Although the rear parking lot does not meet off-street loading area requirements, the market operator shall encourage vendors and small delivery trucks to use the on-site parking resources when available. Loading and unloading for store merchandise and trash pick-up shall be permitted only between 8:30 a.m. and 6:00 p.m. Monday through Friday. 28 30. A 5’ x 9’ trash and recycling enclosure shall be provided and maintained. Its walls shall be at least six feet high and constructed of decorative concrete block. A solid, view obscuring lockable gate shall be provided. Separate trash container(s) shall be provided for the residential tenant. The trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. Validity of Permits 31. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 32. Within ten days of City Planning Division transmittal of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition may constitute grounds for potential permit revocation. 33. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one yearfrom the permit’s effective date. The effective date is also subject to the City Council approving Text Amendment 03-004 and its effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning and Community Development. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Prepared by: Bruce Leach, Associate Planner Attachments: A. Notice of Public Hearing B. Plot Plan and Floor Plans JT:bgl f:\plan\share\pc\strpt\00\00cup030market 29 CP:JT:AS:PF:BL:f:\plan\share\pc\strpt\00CUP030market3 Santa Monica, California Planning Commission Mtg: DATE April 2, 2003 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 00-030 Address: 672 Marine Street Applicant: Young Ahn, Store Owner Property Owner: Peter Kim Trust INTRODUCTION Action: Application for a Conditional Use Permit (CUP) to allow the continued use of an existing nonconforming neighborhood grocery store in a residential district. The Conditional Use Permit that allowed the neighborhood grocery store to operate for a limited term has expired, and a new permit is required. However, the market is inconsistent with Municipal Code requirements for neighborhood markets which prevents approving a new CUP unless the special conditional use permit standards for neighborhood markets are modified pursuant to pending Text Amendment 03-004. Recommendation: Deny CUP 00-030 Permit Streamlining Expiration Date: Not applicable to projects that require a text amendment. SITE LOCATION AND DESCRIPTION The subject property is a 2,500 square foot parcel located at the southwest corner of Marine Street and Seventh Street having a frontage of 25 feet. Existing on-site uses include 1,117 square foot neighborhood market and a 1,138 square foot two-bedroom unit on the second floor. Surrounding uses consist of: ? North, across Marine Street, single & multi-family units in the OP-2 (Ocean Park Low Multiple Family) District; ? South, single-family units in the OP-2 (Ocean Park Low Multiple Family) District; th ? East, across 7 Street, multi-family units in the OP-2 (Ocean Park Low Multiple Family) District; and 30 ? West, single & multi-family units in the OP2 (Ocean Park Low Multiple Family) Districts. Zoning District: OP2, Ocean Park Low Multiple Family District Land Use District: Medium Density Housing Parcel Area: 25’x 100’ = 2,500 square feet PROJECT DESCRIPTION The applicant requests continued operation of an existing nonconforming neighborhood grocery store in the OP2 District. The Conditional Use Permit that allowed the nonconforming neighborhood grocery store to operate for a limited term expired on October 29, 2000. Santa Monica Municipal Code (SMMC) Section 9.04.18.040(h) allows the Planning Commission to extend or renew the Conditional Use Permit to allow the neighborhood market use to continue even if the prior limited term CUP has expired, but only if all of the findings set forth in SMMC Section 9.04.20.12.040 can be made in an affirmative manner. The market does not conform with building setbacks, lot coverage and off- street parking required in the OP-2 District. Accordingly, one of the CUP findings cannot be made in an affirmative manner and the CUP cannot be approved unless Text Amendment 03-004, which is being considered under a different application, is adopted and the Planning Commission modifies the special conditional use permit standards for this neighborhood market. However, the permit holder is, or has recently violated conditions of CUP 384 and the Zoning Ordinance. These violations demonstrate that continuation of the market will adversely affect adjacent properties and residents, which is contrary to City policy. The recent violations are also grounds for revocation of the CUP pursuant to SMMC Section 9.04.20.12.070(b)(3). MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Subject to the City adopting proposed Text Amendment 03-004 and the Planning Commission approving a modification allowing the existing setbacks, lot coverage and off-street parking to continue, the proposed project would be consistent with development standards as shown in Attachment A. However, the permit holder is, or has recently violated conditions of their existing CUP. Violation of conditions of CUP 384 violates the Municipal Code. CEQA STATUS The project is categorically exempt from the provisions of CEQA pursuant to Section 15301, Class 1 of the State Guidelines for Implementing the California Environmental 31 Quality Act in that the project would allow the continued use of a residentially zoned property for a commercial neighborhood grocery store which would involve no expansion of use. HISTORIC RESOURCES INVENTORY STATUS The existing building on the project site was built in 1929, but is not identified in the City's Historic Resources Inventory. RENT CONTROL STATUS The proposal will not affect the second floor residential unit and a Commercial Project Exemption is on file. FEES The project is not subject to any special City Planning related fees. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080, within 15 days after the subject Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. A copy of the site posting photograph is contained in Attachment B. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the “California” Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C. On February 28, 2003, the applicant was notified by phone and in writing of the subject hearing date. The applicant also solicited support from their customers and has submitted a petition signed by approximately 620 persons which is contained in Attachment E. 32 ANALYSIS Background This neighborhood grocery market use has been granted two previous CUPs to allow the use to continue in the residential district ? CUP 195 8/6/1973 to 3/15/1983 ? CUP 384 5/20/1985 to 10/29/2000 In 1929, the parcel on which the neighborhood grocery store is located was zoned “Class B, Income.” In 1946, the parcel was subsequently re-designated R2 District, which did not specify neighborhood grocery stores as a permitted use. Records are not available to determine when the original use was established, however based on its location, the building design and lack of alterations in the brick building, it is likely that the first floor has been occupied by a market since the two-story brick building was constructed in 1929. In 1948, the City adopted an ordinance requiring all commercial uses in residential districts to be removed in 25 years. As a result of this ordinance, in 1973, the owner of the grocery store applied for a conditional use permit, pursuant to SMMC Section 9148, which provided that the Planning Commission may grant a conditional use permit to extend the amount of time non-conforming uses could operate. On August 6, 1973, the Commission approved Conditional Use Permit 195 for an additional five year period. A five year extension to CUP 195 was granted in 1976 to allow the use to remain until 1983. On May 20, 1985, the Planning Commission approved another conditional use permit (CUP 384) to allow the grocery store to continue operating until October 23, 2000, with the following conditions: ? Plans for signage shall be subject to review and approval by the Architectural Review Board. Signage which has been installed without proper sign permits shall be removed. Existing ground floor window treatment shall be modified to use transparent glass and existing graffiti on doorframe shall be removed. Landscaping, which may include planters shall be located along the front elevation of the building. ? Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9117J.2-4. ? The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of light, noise, activities, parking, or other actions. ? No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. ? The Conditional Use Permit to permit a neighborhood market to be located in an R2 Zone shall be effective through October 23, 2000 to coincide with the planning horizon of the current Land Use Element. 33 ? Approval of this Conditional Use Permit shall not constitute a new alcohol outlet within the meaning of Ordinance 1319 and it shall therefore be exempt from the requirements of Ordinance 1319. Any substantial change in the mode or character or operation shall require application for an alcohol outlet Conditional Use Permit per Ordinance 1319. ? Business hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. seven days per week. The applicant submitted this application on November 16, 1999. Although the grocery store has been in continuous operation, the Zoning Ordinance requires the use to be converted to a conforming use unless a new CUP can be approved. Code Enforcement The permit holder is, or has recently violated conditions of CUP 384. The following violations have been filed with the City Code Compliance Division and the applicant was given notice to abate them on February 12, 2001: 1) The permit holder has installed numerous signs without Architectural Review Board (ARB) approval or permits. A 30” x 15’-4” wall sign over the front entrance is the only permitted signage (Permit B28449 8/2/60); 2) The permit holder has painted the front windows and has blocked window view into the market. Condition 1 of CUP 384 required transparent glass to be installed in the ground floor windows; 3) The required landscaping planters in front of the grocery store and parking lot landscaping has not been maintained. Staff also believes that the poorly maintained rear lot represents a violation of Condition 3 because it is detrimental to surrounding properties and residents; and 4) The permit holder has failed to install, or has not maintained a screened refuse/trash enclosure. Staff inspected the property on March 19, 2003. No appreciable progress to abate the above violations was observed. Text Amendment 03-004 An amendment to the Zoning Ordinance is proposed by a different applicant that would authorize the Planning Commission, or City Council on appeal to modify development standards required by SMMC Section 9.04.14.080 for neighborhood markets on a case- by-case basis, providing the Commission can make appropriate findings. This applicant joins in the request for the proposed text amendment. The findings required to grant a modification must demonstrate that the modification is necessary, justified and will be compatible with neighboring development. Not only would the legislative history 34 underlying the recent amendment of Subsection (h) of Section 9.04.18.040 (“Smith Pipe Amendment”) demonstrate City Council support for continuation of long term neighborhood markets, there may be legal impediments to requiring that the market close. First, the decision whether to allow the continuation of this market could be subject to heightened judicial scrutiny since this business has been in operation for over 50 years, was granted a CUP, and this CUP has been extended on several occasions based on findings that the use was being undertaken in accordance with good zoning practice, in the public interest and consistent with the General Plan. See Goat Hill thnd Tavern v. City of Costa Mesa, Cal. App. 4 1519, 8 Cal. Rptr. 2 385 (1992). Second, Government Code Section 23790 protects the vested rights of proprietors of businesses engaged in the lawful, licensed sale of alcoholic beverages and the right of such businesses to continue to lawfully dispense alcoholic beverages. Conditional Use Permit The term of the existing CUP cannot be extended because the Zoning Ordinance no longer allows for durational permits. Therefore, a new CUP is required to allow continuation of the neighborhood use. Santa Monica Municipal Code (SMMC) Section 9.04.18.040(h) allows the Planning Commission to approve a new Conditional Use Permit to allow the neighborhood market use to continue even if the prior limited term CUP has expired, but only if all of the findings set fourth in SMMC Section 9.04.20.12.040 can be made in an affirmative manner. However, since the project is inconsistent with building setbacks, lot coverage, parking, or off-street loading required for neighborhood markets that are specified by SMMC Section 9.04.14.080(d), the CUP finding related to compliance with Code requirements cannot be made in an affirmative manner. Consequently, the applicant must either 1) alter the project to comply with the special standards for neighborhood markets (SMMC Section 9.04.14.080), or 2) the Planning Commission approves a modification to setbacks, parking and lot coverage requirements pursuant to TA 03-004. The existing building would need to be 4’ from the west side and 10’ from the east (Seventh Street) side yard and 15’ from the front property lines to comply with setback requirements. This would result in a reduction of 69% in the building’s floor area. It would also require demolition of the building because of its brick construction and over 50% of the walls would be removed. Although the rear portion of the lot is accessible from the alley, the limited area available and narrow width of the lot limits the ability to comply with parking and loading requirements. The size and location of the building also prevents compliance with lot coverage and landscaping requirements. The following special conditions were adopted by the City to mitigate negative impacts typically created when this type of commercial establishment is located in a residential district. Although they were adopted for new projects, existing markets must comply with these standards if they wish to continue beyond the life of their limited term CUP. The following section analyzes how the subject neighborhood grocery store complies, or does not comply with these conditions. 35 Location. No neighborhood grocery store shall be located within three hundred linear feet of an adjacent commercial district in which similar facilities are located. Complies - The existing grocery store is located approximately 620 feet from the nearest commercial district, which is the C4 (Highway commercial) District located east of the project along Lincoln Boulevard. Structure. A neighborhood grocery store shall be operated completely within an enclosed building. The store shall be located on the ground floor and shall count as a residential unit for the purpose of calculating the unit density permitted on a parcel. The store “unit” may not be used for residential purposes. Complies - The existing grocery store is currently operating and will continue operating within an enclosed building. The grocery store is located on the ground floor of the two- story building. One residential unit is located on the second floor. Height, Setback and Parcel Coverage. A neighborhood grocery store shall comply with the height, setback and parcel coverage requirements for the residential district in which it is located. If the store is contained in a structure that includes other uses, no portion of the remaining portion of the structure in which the store is located shall exceed the height, setback and parcel coverage requirements for the residential district. Non-compliant - The property development standards for the OP2 District and how the project complies are as follows: Property Development Requirement Provided Standard Building Height 23’ for flat roof, 30’ for Aprox. 22’ pitched roof Flat roof 54% Parcel Coverage 50% 0’ (at pL) Front Yard Setback 20’ or 15’ if average setback of adjacent dwellings is 15’ or less Rear Yard Setback 15’ 46’ 0’ (at pL) Side Yard Setback (Street) 10’ 0’ (at pL) Side yard Setback (Interior) 6’-3” The grocery store building’s side and front setbacks, lot coverage, parking and off-street loading do not comply with OP2 District requirements. Parking. A minimum of two off-street parking spaces shall be provided for employees of the store. In addition, if the neighborhood grocery store exceeds six hundred square feet, an additional parking space shall be provided for each additional three hundred square feet or a portion thereof. Non-compliant - The neighborhood grocery store contains 1,117 square feet in floor area and requires 4 parking spaces (2 spaces + (1,117 s.f. – 600 s.f.) / 300 s.f.). Only 36 three (3) parking spaces can be provided and those spaces would not comply with size requirements. Due to the lots narrow width, two of the parking spaces (66%) would be compact in-lieu of 40%. Passenger Loading. One on-street passenger loading zone shall be located adjacent to the parcel near the entrance to the store for use by customers who arrive by automobile. Complies - One passenger loading area is provided on Marine Street, adjacent to the grocery store entrance. Off-street Loading. One off-street loading area may be used for parking by store customers. Loading and unloading for store merchandise shall be permitted only between 8:30 a.m. and 6:00 p.m. Non-compliant - A 10’ x 20’ loading space can be provided, but it would be in tandem with customer and employee parking spaces. The loading space and a parking can be combined if the space complies with the minimum 10’x 20’ loading space size requirement. The limited lot width allows three parking spaces side-by-side, but none would meet the ten-foot width requirement. In addition, a utility pole adjacent to the alley restricts commercial vehicle access. While a two-car parking design would meet loading space requirements, staff believes that a loading space would be under utilized and the additional on-site parking space is more beneficial to neighborhood’s limited parking resources. Lighting. Lighting shall comply with SMMC Section 9.04.10.02.270, which states that all outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed .5 footcandles of illumination beyond the property containing the commercial use and shall not blink, flash, oscillate or be of unusually high intensity of brightness. Complies - The project appears to comply with lighting requirements. Hours of Operation. The store shall be open for business only between 8:00 a.m. and 9:00 p.m. Complies - The neighborhood grocery store is currently open from 8:00 a.m. until 9:00 p.m. Maximum Size. No neighborhood grocery store shall exceed 3,000 square feet. Complies - At 1,117 square feet, the existing grocery store complies with this requirement. Alcohol Sales. No neighborhood grocery store shall be permitted to sell alcoholic beverages. 37 Legal-nonconforming - The grocery store was operating with a Type-20 (Off-sale Beer and Wine) alcohol license prior to the City requiring conditional use permit and special standards for alcohol outlets. Because this alcohol use has been in continuous operation and no change in mode of operation is occurring, a conditional use permit is not required for alcohol sales and the standard alcohol conditions cannot be applied to this use. While the alcohol license is not a part of the requested approvals, denial of the grocery store CUP would also terminate alcohol sales at this location. Since new neighborhood grocery stores are not permitted to sell alcohol, the type of license and amount of alcohol display space is limited to the amount of beer and wine display space in the previously approved conditional use permit, which is less than 20% of the food/grocery inventory. Deliveries. Deliveries shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. Complies Additional Requirements The proposal does not currently provide a trash and recycling enclosure. The exterior of the building and the rear lot are also poorly maintained. Although the special CUP conditions prescribed by SMMC Section 9.04.14.080 do not require a trash enclosure, SMMC 9.04.18.040(f) provides that the “Planning Commission (or City Council on appeal) may impose such conditions as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan, including conditions designed to insure compatibility of the existing commercial or industrial use with neighboring residential uses.” There are two parking spaces on a concrete slab adjacent to the alley. A large area between the slab and the building is available to improve parking, but is currently unpaved and is not landscaped appropriately for this residential district. The applicant proposes to pave, stripe and landscape this area if the new CUP is approved. This work would require replacing the existing raised slab. Staff believes that other improvements, such as painting the building with a graffiti resistant coating using a color palette and design consistent the building’s architectural features and modifying the exterior window bars is also necessary if the request is approved. Police Department Comments The Police Department has no law enforcement concerns regarding the continued operation of this neighborhood grocery store. Neighborhood Compatibility As previously stated, the neighborhood grocery store has operated at this location for more than 50 years. Community and Cultural Services has no concerns regarding the operation of the market. A petition from patrons of the grocery store has been submitted 38 supporting the continuation of its operation (Attachment E). However as discussed above, the market does not comply with City standards necessary to insure compatibility of the commercial use with neighboring residential uses. The exterior of the building and the rear lot are poorly maintained. The applicant proposes to pave, stripe and landscape the rear lot area if the new CUP is approved. A trash enclosure is also proposed, but should be larger and in a different location. Staff believes that other improvements, such as painting the building with a graffiti resistant coating using a color palette and design consistent the building’s architectural features and modifying the window bars is also necessary to make the project compatible with the residential neighborhood context. ALTERNATIVES Other than the recommended action, the Planning Commission may: ? Deny CUP 00-030 based upon revised findings; or ? Continue to a date certain to allow the applicant an opportunity to comply with existing conditions, or to consider additional options or information. Conclusion Although the neighborhood market has a limited term CUP that has expired, the Zoning Ordinance provides that the use can be continued if the Planning Commission determines the market complies with current standards for neighborhood markets and is compatible with neighboring residential uses. The neighborhood market can comply with all City standards except building setbacks, off-street parking and lot coverage. Subject to the approval of TA 03-001, the Planning Commission may modify setback, parking and lot coverage requirements which would allow the approval of CUP 00-030. The neighborhood grocery store has served the surrounding neighborhood for a long period of time and appears to have significant support from the neighborhood as demonstrated by the petition. The applicant proposes to provide a trash enclosure, and pave, stripe and landscape the rear lot area if the new CUP is approved. However, additional conditions and property upgrades are necessary to insure compatibility of the existing commercial use with neighboring residential uses. The lower portion of the building should be painted with a graffiti resistant coating using a color palette and design consistent the building’s architectural features and the exterior window bars should be removed to be consistent with the neighborhood character. However, the permit holder is, or has recently violated conditions of CUP 384 and the Zoning Ordinance. These violations demonstrate that continuation of the market will adversely affect adjacent properties and residents, which is contrary to City policy. The recent violations are also grounds for revocation of the CUP pursuant to SMMC Section 9.04.20.12.070(b)(3). It is contrary to City policy to approve a new permit when the existing permit is being violated. 39 RECOMMENDATION It is recommended that the Planning Commission deny CUP 00-030 based on the following findings and approve a 180 day abatement period: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district, but the application does not comply with all of the applicable provisions of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the permit holder is, or has recently violated conditions of CUP 384 and the Zoning Ordinance. These violations demonstrate that continuation of the market will adversely affect adjacent properties and residents, which is contrary to City policy. The recent violations are also grounds for revocation of the CUP pursuant to SMMC Section 9.04.20.12.070(b)(3). It is contrary to City policy to approve a new permit when the existing permit is being violated. 2. The proposed use would impair the integrity and character of the district in which it is to be established or located, in that the permit holder is, or has recently violated conditions of CUP 384 and the Zoning Ordinance. These violations, including the poorly maintained rear lot and parkway, are detrimental to surrounding properties and residents. Prepared by: Bruce Leach, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. Radius and Location Map D. Copy of CUP 384 E. Correspondence/Petitions F. Photographs of Site and Surrounding Properties G. Plot Plan, Floor Plans and Elevations JT:bgl f:\plan\share\pc\strpt\00\00cup030market3 40 ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE LAND USE CATEGORYELEMENTMUNICIPAL CODEPROJECT Permitted Use Medium Neighborhood grocery Allow nonconforming Density store with a CUP & neighborhood grocery Residential Special Conditions. store to continue use in OP2 District. Moratorium Status N/A N/A N/A nd Dwelling Units 1 DU/2000 s.f. 1 unit on 2-floor 5,592/2000 = 2.8 units Height of Building 23’ Flat roof Aprox. 22’ Flat roof Number of Stories 2-Stories 2-Story Height of Walls, N/A Minimum 5’ high fence 5’ to 6’ high block wall Fences is required between fence between parking parking and residential and residential neighbors. neighbor. (CUP Findings) Setbacks 0’-0” Frontyard N/A 20’ 0’-0” North - Sideyard N/A 6’-3” – North 0’-0” South - 10’ - South Rear Yard N/A 15’ 46’-0” OP Primary Window N/A N/A if windows face Windows face street. street or rear yard. 54% Lot Coverage N/A 50% Maximum 2,460/5,874 = 42% Parking Access Alley access Alley access is & Access from alley is required when alley th 7 Street. encouraged exists when alley exists. (SMMC 9.04.10.08.080). 41 Parking Space N/A 2 for employees (600 1 standard Number sf) + 1/300 sf 2 compact 2 employees (600 sf) = 0 handicap 3 Total 2 517 sf/300 = 1.7 = 2 Total req. 4 2 Spaces Compact Parking N/A 40% (up to 1 spaces) % Loading Spaces N/A 1 (may use customer 10’ x 20’ space would space if 10’ x 20’) block parking access. (SMMC 9.04.14.080(g)) None Trash Area N/A 5’x9’ Trash enclosure with minimum 5'- 8' solid walls and gate required. (SMMC 9.04.10.02.151(a)(2)) Mechanical Mechanical equipment Complies Equipment N/A extending more than Screening 12" above roof parapet shall be fully screened from a horizontal plane. (SMMC 9.04.10.02.140) Location of Not permitted on side On roof. Mechanical of building if adjacent Equipment N/A to a residential building on an adjoining lot. (SMMC 4.12 & SMMC 9.04.10.02.180) Parking Area N/A 5’ to 8’ block wall 5’ to 6’ Block wall. Screen None Frontyard 10% of parking areas Landscaping N/A (SMMC 9.04.10.04.070) 42 Special Standards N/A (b) Location: 300’ 370’ (1,125’) for Neighborhood separation from uses. Grocery Stores (c) Structure: Must Operates within operate within an building, except SMMC9.04.14.080 enclosed building. storage of milk ? (d) Height, cartons. Location setbacks & parcel ? Structure coverage per OP2 Does Not comply with ? Height, standards. OP2 setbacks (See setbacks & (e) Parking: above) parcel coverage 2 for emp + 1/300 sf ? Parking 2 employees (600 sf) = 8 spaces ? Passenger 2 Loading 517 sf/300 = 1.7 = ? Off-street 2 Passenger loading Loading Total req. 4 available on Hollister. ? Lighting (f) One on-street ? Hours of passenger loading 10’ x 20’ space blocks Operation space adj to entrance parking access. ? Deliveries (g) One 10’ x 20’ Off-street loading Complies space (h) Lighting 8 a.m. to 9 p.m. (i) Hours of Operation Complies 8 a.m. to 9 p.m. (l) Deliveries 8 a.m. to 6 p.m. (SMMC9.04.14.080) Code Violations CUP 384 Conditions: Violation of CUP 1a Signage which has 322 Conditions Numerous signs have been installed without been installed w/o City sign permits shall be approval or permits removed. (not permitable). 1b Existing ground The existing windows floor window treatment are painted over with shall be modified to murals, blocking view use transparent glass. into the market. 1b Landscaping, Landscaping was which may include either not installed or planters shall be not maintained. located along the front elevation of the 43 building. The permit holder has 2 Refuse areas shall failed to install & has be screened. not maintained a screened refuse/trash enclosure 3 The operation shall Poorly maintained rear at all times be lot is a violation of conducted in a manor because it is not detrimental to detrimental to surrounding properties surrounding properties or residents by reason and residents. of lights, noise, activities, parking, or other actions. Historic Resources N/A Not listed. Inventory 44 ATTACHMENT D CUP 00-030 Statement of Official Action 45 City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 00-030 LOCATION: 672 Marine Street APPLICANT: Young Ahn, Store Owner PROPERTY OWNER: Peter Kim Trust CASE PLANNER: Bruce Leach, Associate Planner REQUEST: The applicant requests continued operation of an existing nonconforming neighborhood grocery store in the OP2 District. The Conditional Use Permit that allowed the nonconforming neighborhood grocery store to operate for a limited term expired on October 29, 2000. Santa Monica Municipal Code (SMMC) Section 9.04.18.040(h) allows the Planning Commission to approve a Conditional Use Permit to allow the neighborhood market use to continue. However, the market does not conform with building setbacks, lot coverage and off-street parking required in the OP-2 District. Accordingly, one of the CUP findings cannot be made in an affirmative manner and the CUP cannot be approved unless Text Amendment 03-004, which is being considered under a different application, is adopted and the Planning Commission modifies the special conditional use permit standards for this neighborhood market. CEQA STATUS: The project is categorically exempt from the provisions of CEQA pursuant to Section 15301, Class 1 of the State Guidelines for Implementing the California Environmental Quality Act in that the project would allow the continued use of a residentially zoned property for a commercial neighborhood grocery store which would involve no expansion of use. 46 PLANNING COMMISSION ACTION April 23, 2003 Date. X Approved Denied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: Approval of CUP 00-030 is subject to and is not valid until the May 8, 2003 effective date of Text Amendment 03-001 EXPIRATION DATE OF ANY PERMITS GRANTED: May 8, 2004 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. 6-months Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. MODIFICATION FINDINGS 1. That the use has been in continuous operation since the effective date of the Zoning Ordinance (September 8, 1988), in that the market has been in continues operation since 1948. 2. That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter, in that the market building complied with development standards when it was constructed in 1925. In order to comply with current setback requirements, the existing building would need to be 4’ from the north side, 10’ from the east (Seventh Street) side property line and 15’ from the front property line. This would result in a reduction of 69% in the building’s 47 floor area. Reducing the building’s floor area, which also reduces the amount of inventory available to customers by 69%, represents an unreasonable hardship. The costs associated with demolishing and constructing a new building would also be substantial. Current regulations require four parking spaces and one off- street loading space. However, there is only sufficient lot area to provide three parking spaces behind the building. While a two-car parking design would also meet loading space requirements, a loading space would be under utilized due to commercial vehicle access limitations, and the additional on-site parking space is more beneficial to the neighborhood’s limited parking resources. 3. That the granting of a modification would not adversely affect surrounding properties or be detrimental to the district's residential-oriented environment, in that the neighborhood grocery store is a neighborhood serving use, has served the surrounding neighborhood for a long period of time and can be upgraded to improve its appearance to be more compatible with its residential context. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that, the Zoning Ordinance allows existing neighborhood grocery stores in residential districts with the approval of a Conditional Use Permit. Subject to the Planning Commission modifying side yard setback requirements pursuant to TA 03-001, the project complies with the special standards for neighborhood grocery stores. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the neighborhood grocery store has been in operation for over 50 years and serves the surrounding area. Although the market does not currently comply with neighborhood market standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses and to protect the public health, safety, and general welfare. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the subject project can be upgraded to reasonably comply with pertinent standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses. 4. The proposed use is compatible with any of the land uses presently on the subject parcel, if the present land uses are to remain, in that the neighborhood grocery store is an existing commercial use, which has been located at the site with a second story apartment for more than 50 years. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located in that the neighborhood grocery store is an existing use which has been located at the site for more than 50 years. Although the market does not currently comply 48 with neighborhood market special standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequately served by existing infrastructure. 7.Public access to the proposed use will be adequate, in that the site has street frontage on Marine Street and Seventh Street. In addition, the neighborhood market is within walking distance for a large residential population and has adequate on-site parking to accommodate customers. 8. Subject to the City Council adopting TA 03-001, the physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that although the market does not currently comply with neighborhood standards, the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with the neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the proposed use is neighborhood serving while preserving the existing scale and character of the surrounding area. Further, Circulation Element Policy 4.1.2. encourages land use patterns which reduce vehicle miles traveled and the number of vehicle trips. The grocery store is in close proximity to many residential units and reduces the number of vehicle trips needed by area residents needing routine grocery items. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project can be upgraded to comply with standards and conditions necessary to insure that the commercial use is compatible with neighboring residential uses and to protect the public health, safety, and general welfare. 11. Subject to the City Council adopting TA 03-001, the proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that all special standards for neighborhood markets have been met, with the exception of building setbacks, lot coverage, off-street parking and off-street loading. The Planning Commission has modified these special standards for this neighborhood market since 1) the market has been in continuous operation since the Zoning Ordinance’s effective date; 2) the strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter in that the market occupies an existing structure where compliance with physical development would require building demolition and markets are currently allowed in the OP2 49 District subject to a Conditional Use Permit; and 3) the granting of this modification would not adversely affect surrounding properties or be detrimental to the district’s residential-oriented environment in that the two-story market building has been located on the site since 1925 without adversely impacting the residential character. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the neighborhood grocery store is 620 feet away from the nearest commercial area and there is no other neighborhood markets located in this residential neighborhood. CONDITIONS : 1. The approval of CUP 00-030 is contingent on the City Council adopting TA 03-004. CUP 00-030 is not valid until an ordinance that implements TA 03-004 becomes effective. 2. These Conditions replace and supersede the conditions from CUP 384. 3. This approval is for those plans dated January 8, 2001, a copy of which shall be maintained in the files of the City Planning Division. The plans shall be amended to locate the trash enclosure adjacent to an interior wall in-lieu of being adjacent to the street and the driveway apron removed. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Improvements to the property shown on the plans and specified in these conditions, including, but not limited to constructing a trash enclosure, paving and landscaping the rear parking lot and building façade work shall be completed within 180 days from the effective date of this permit. Reinstallation of the front windows pursuant to Condition 25 shall be completed within 180 days from the effective date of this permit. Modifications to the building’s facade shall maintain and enhance the building’s historic context. 4. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 5. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Operational 6. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of light, noise, activities, parking, or other actions. 50 7. The use shall continue to be limited to that of a neighborhood food market carrying a full line of grocery items. 8. Only 20% of the shelf area may be stocked with beer and wine and no liquor is permitted. 9. All signs other than the “Market” sign over the entrance shall be removed, including those in the windows and in the parking lot. Only permanent signs that are specifically approved by the ARB may be allowed. Because of the residential context and OP2 District sign limitations, new signs should be limited to the markets name, such as Mini-Mart, Marine Street Market, building address and exempt regulatory signs, such as customer parking only. 10. The premises shall be maintained in an acceptable state of repair and maintenance, including the landscaping, trash enclosure, adjacent parkways and sidewalks and fencing. 11. No business license shall be renewed or issued to any owner until the above conditions have been met. 12. That the owner and operators and all their assigns, employees or agents shall obey all laws and ordinances, particularly those relating to the sale of alcoholic beverages and conviction for violation of such laws shall be cause for revocation of this permit and forfeiture of all rights included therein. 13. The neighborhood grocery store shall be operated completely within an enclosed building. The store “unit” may not be used for residential purposes. 14. One (1) on-street passenger loading zone space shall be located adjacent to the entrance to the store on Seventh Street for use by customers who arrive by automobile. The applicant shall reimburse the City for the costs of painting the curb, posting signs and installing a parking meter that may be necessary to designate and enforce the passenger loading zone between 8:00 a.m. and 9:00 p.m. as determined by the City Transportation Management Division. 15. No exterior activities such as trash disposal or other maintenance activity generating noise audible from the exterior of the building shall be conducted between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00 p.m. and 9:00 a.m., Saturday and Sunday. Trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. No after hours operation shall be permitted. 16. Lighting shall comply with SMMC Section 9.04.10.02.270, which states that all outdoor lighting associated with commercial uses shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed .5 footcandles of illumination beyond the property and shall not blink, flash, oscillate or be of unusually high intensity of brightness. The design of the lighting fixtures shall maintain and enhance the building’s historic context. 51 17. The store may be open for business only between 8:00 a.m. and 9:00 p.m. 18. Deliveries shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. 19. Exterior mechanical equipment shall comply with current City screening and noise regulations SMMC Sections 4.12 and 9.04.10.02.130 - 9.04.10.02.150. 20. The trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. 21. Within 14 days of the effective date, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. 22. The applicant is on notice that signage, exterior modifications, or exterior alterations require prior approval of the Architectural Review Board, see Condition 3, 9 and 28. The Architectural Review Board shall pay particular attention to insure that modifications to the facade maintain and enhance the building’s historic context. 23. The store operator shall submit a plan for approval by the Director of Planning and Community Development regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol awareness training program for all employees having contact with the public and shall state management's policies addressing alcohol sales. The program shall require all employees having contact with the public to complete a California Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness training program within 90 days of the effective date of this approval. All new employees shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director of Planning and Community Development. The operator shall provide the City with an annual report regarding compliance with this condition. This project shall be subject to any future citywide alcohol awareness training program condition affecting similar establishments. 24. Any increase or intensification in the mode or character or operation of alcohol sales shall require application for an alcohol outlet Conditional Use Permit. The applicant is on notice that no increase or intensification in the mode or character or operation of nonconforming alcohol uses is permitted as of the date of this permit. 52 25. The ground floor window treatment shall be modified to restore transparent glass to allow view into the market. The design and materials used in the window installation shall maintain and enhance the building’s historic context. 26. Electrical conduit and window bars that have been installed on the exterior of the building shall be removed. Electrical conduit, pipes and security bars may be installed inside the building with pertinent permits. The natural brick color and finish shall be restored by removing the paint and applying a graffiti resistant clear coating on the lower portion, or the building façade shall be painted using a color palette and design consistent the building’s architectural features and design. A graffiti resistant coating should be used on the lower portion of the building. The Architectural Review Board shall pay particular attention to insure that modifications to the facade maintain and enhance the building’s historic context. 27. The neighborhood market shall provide and maintain three (3) parking spaces. One of the spaces may also be used as an on-site delivery loading space. The rear parking area shall be paved, striped and landscaped pursuant to the approved site plan. 28. Landscaping shall be installed and maintained along the parking lot, in front of the building below the front windows and along the adjacent parkways. The design of the landscape and irrigation system shall be approved by the Architectural Review Board. 29. Although the rear parking lot does not meet off-street loading area requirements, the market operator shall encourage vendors and small delivery trucks to use the on-site parking resources when available. Loading and unloading for store merchandise and trash pick-up shall be permitted only between 8:30 a.m. and 6:00 p.m. Monday through Friday. 30. A 5’ x 9’ trash and recycling enclosure shall be provided and maintained. Its walls shall be at least six feet high and constructed of decorative concrete block. A solid, view obscuring lockable gate shall be provided. Separate trash container(s) shall be provided for the residential tenant. The trash enclosure shall be secured with a lock between 9:00 p.m. and 8:00 a.m. Validity of Permits 31. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 32. Within ten days of City Planning Division transmittal of the approved Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing 53 same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition may constitute grounds for potential permit revocation. 33. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one yearfrom the permit’s effective date. The effective date is also subject to the City Council approving Text Amendment 03-004 and its effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning and Community Development. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. VOTE Ayes: Brown, Dad, Hopkins, Johnson, Moyle, Olsen Nays: None Abstain: None Absent: Clarke NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Darrell Clarke, Chairperson Date I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. 54 Applicant's Signature Print Name and Title F:\PLAN\SHARE\ pc\stoa\00\00cup030market 55 ATTACHMENT E Notice of Public Hearing 56 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Appeals 03-006 and 03-007 of the Planning Commission’s Approval of CUP 00-030 to Modify Development Standards and Allow Continued Operation of a Nonconforming Neighborhood Market Located in a residential district. l LOCATION: 672 Marine Street APPLICANT: Young Ann (Store Operator) PROPERTY OWNER: Peter Kim Appellants: Abbey Arnold (Marine Street Neighbors) and Peter Kim A public hearing will be held by the City Council to consider the following request: Appeals of the conditions imposed pursuant to the Planning Commission’s Approval of a new Conditional Use Permit (CUP) to modify development standards and allow the continued operation of a nonconforming neighborhood market located in a residential district. DATE/TIME: TUESDAY, September 23, at 6:45 p.m. nd LOCATION: City Council Chambers, 2 Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: APP 006 & 007 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Associate Planner Bruce Leach at (310) 458-8341, or by e-mail at bruce- leach@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All 57 written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. APPROVED AS TO FORM: ___________________________ JAY M. TREVINO, AICP Planning Manager f:\plan\share\cc\notices\03\APP006market 58 ATTACHMENT F Correspondence/Petitions Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 59 ATTACHMENT G Site & Floor Plans Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 60