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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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)
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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
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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.
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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.
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ATTACHMENT C
4/2/03 & 4/23/03 Planning Commission Staff Reports
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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Applicant's Signature
Print Name and Title
F:\PLAN\SHARE\ pc\stoa\00\00cup030market
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ATTACHMENT E
Notice of Public Hearing
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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.
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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
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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
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ATTACHMENT F
Correspondence/Petitions
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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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.
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