SR-402-004 (18)
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F :\PLAN\SHARE\COU NCI L \STOAS\2003\amend CU P435market.doc
Council Mtg: November 25, 2003 Santa Monica, California
NOV 2 Ii 2003
TO Mayor and City Council
FROM City Staff
SUBJECT: Certification of the Statement of Official Action Amending Condition 1 of
Parcel Map 18025 and CUP 435 to Allow the Continued Operation of an
EXistia'g Neighborhood Market Located at 2225 Fourth Street. Applicant:
Paul hen / Hacque Helal
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INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
memorializing the <City Council action to amend Condition 1 of Parcel Map 18025 and
CUP 435. The amended condition will allow the nonconforming commercial building,
which is located iin a residential district, to remain as long as it is used for a
neighborhood grocery store,
On September 23, ~003 the City Council took action to amend the condition, by a vote
of 6-0. The City Council's decision was based upon the findings and conditions
contained in the attached Statement of Official Action,
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECpMMENDATIQN
It is recommendedl! that the City Council approve the attached Statement of Official
Action
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Nav J Ii 2D03
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
John 'Chase, Urban Designer
Bruce Leach, Associate Planner
Planr'1ing and Community Development
Attachment: Statement of Official Action
'City of ,
ISanta Itlonica~'1
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
I PROJECT
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CASE NUMBER:
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LOCA TIONlI
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APPLICANt
PROPERT~
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OWNER: II
Conditional Use Permit 384
Parcel Map 18025
2225 'Fourth Street
Paul Chen I Hacque Helal
Hacque Helal
CASE PLANNER: Bruce Leach, Associate Planner
REQUEST: II
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CEQA STATUS: r
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Amend Condition 1 of Parcel Map 18025 and CUP 435 to
Allow the Continued Operation of an Existing
Neighborhood Market Located in the OP-2 District.
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.
CITY COUNCIL ACTION
September 23. 2003 Date,
X Approved based on the following findings and subject to the
conditions below.
Denied
Other.
EFFEC'ffilE_DATE OF ACTION: September 23,2003
EXPIMIlON DATE OF ANY ~ERMIT GRANTED: September 23,2004
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Six months
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
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. '
FINDINGS
COf'-jDITIONAL USE PERMIT FINDINGS
1 The proposed subdivision, together with its provIsion for its design and
improvements, is consistent with applicable general and specific plans as adopted
by the City of Santa Monica based on the analysis and conditions contained in this
report and incorporated herein by reference.
2, The site is physically suitable for the proposed type and density of development in
that the project is an in-fill of urban land adequately served by existing infrastructure
and having no significant physical site characteristics precluding the proposed
development.
3, The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish Oor
wildlife or their habitat.
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4 The design of the subdivision or the type of improvement will not cause serious
public health problems.
Fi The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through, or use of property
within the proposed subdivision.
6 The design of the subdivision does not preclude future passive or nattJral heating or
cooling opportunities.
7, The proposed use and location are in accordance with good zoning practice, in the
public interest and necessity that substantial justice be done and the proposed use
is compatible with existing and potential uses within the general area, traffic or
parking congestion will not result. the public health, safety and general welfare are
protected and no harm to adjacent properties will result based on the analysis and
conditions contained in this report and incorporated herein by reference.
CONDITIONS:
SPECIAL CONDITIONS
1 The applicant shall provide within the CC&R's and a separate recorded Deed
Restriction provisions which state that: a) The existing neighborhood market is a
non-conforming building. subject to conditions set forth in Conditional Use Permit
00-009; b) As a non-conforming building and use, the neighborhood market is
subject to Santa Monica Municipal Code (SMMC) Sections 9.18, which establish
significant controls and restrictions on non-conforming buildings and uses
including the potential for removal of such buildings and uses; and c) The store
building shall be removed and the underlying area landscaped or redeveloped in
a manner consistent with legal requirements then in effect at such time should
the retail store use be discontinued for a continuous period of one year or the
Conditional Use Permit be revoked. The CC&R's and Deed Restriction shall be
reviewed and approved by the City Attorney prior to being recorded on the
property title.
2, Plans for final design, landscaping, screening, and trash enclosure shall be
subject to review and approval by the Architectural Review Board. The Board
shall carefully review the project design and require modifications if necessary to
ensure a harmonious relationship with the surrounding neighborhood.
STANDARD CONDITIONS
3, All off-site improvements required by the City Engineer shall be installed. Plans
and specifications for off-site improvements shall be prepared by a registered
civic engineer and approved by the City Engineer.
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4. Before the City Engineer may approve the final map, a subdivision improvement
agreement for all off-site improvements required by the City Engineer shall be
prepared and a performance bond posted through the City Attorney's Office.
5. The tentative map shall expire 24 months after approval, except as provided in
the provisions of California Government Code Section 66452.6 and Sections
9380-9382 of the Santa Monica Municipal Code. During this time period the final
map shall be presented to the City of Santa Monica for approval.
6. The developer shall provide the Environmental and Public Works Management
Department of the City of Santa Monica with one Dizal Cloth print reproduction
and microfilm of each sheet of the final map after recordation.
7. Prior to approval of the final map, Condominium Association By-Laws and a
Declaration of CC & R's shall be reviewed and approved by the City Attorney.
The CC & R's shall contain a nondiscrimination clause as presented in Section
9392 (SMMC) and contain such provisions as are required by Section 9122E
(SMMC). The CC & R's shall also incorporate provisions providing for treatment
of the existing commercial building in a manner consistent with Special Condition
#1 above, to the satisfaction of the City Attorney.
8. The developer shall provide for payment of a Condominium Tax of $1,000 per
salable residential unit per the provision of Section 6651 et seq. of the Santa
Monica Municipal Code.
9. The form. contents. accompanying data, and filing of the final parcel map shall
conform to the provisions of Sections 9350 through 9357 (SMMC) and the
Subdivision Map Act.
10 The final map shall be recorded with the Los Angeles County Recorder prior to
issuance of any building permit for a condominium project pursuant to
Government Code Section 66499.30.
11 Conditional Use Permit 435 shall be deemed to be of no further force or effect if
Tentative Tract Map 44542 expires prior to approval of a Final Map for said tract.
12. Minor amendments to the plans shall be subject to approval by the Director of
Planning. An increase of more than 10% of the square footage or a significant
change in the approved concept may be subject to Planning Commission review.
Construction shall be in substantial conformance with the plans submitted or as
modified by the Planning Commission, Architectural Review Board or Director of
Planning and Community Development.
13 The applicant shall comply with all legal requirements regarding provisions for
the disabled, including those set forth in the California Administrative Code, Title
24, Part 2.
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20.
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23.
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Final parkirg lot layout and specifications shall be subject to the review and
approval o~ the Parking and Traffic Engineer.
The operatlon of buildings on the site shall at all times be conducted in a manner
not detrim~ntal to surrounding properties or residents by reason of lights, noise,
activities, p~rking or other actions.
No noise $enerating compressors or other such equipment shall be placed
adjacent to Ineighboring residential buildings.
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Project design shall comply with the building energy regulations set forth in the
California Administrative Code, Title 24, Part 2, (Energy Conservation Standards
for New Residential Buildings), such conformance to be verified by the Building
and Safety Division prior to issuance of a Building Permit.
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Openable windows shall be provided throughout the project, in a manner
consistent with applicable building code and energy conservation requirements.
Naturalligh~ shall be provided in at least one bathroom in each dwelling unit.
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Street trees shall be maintained, relocated or provided as required in a manner
consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of
the Department of Community and Cultural Services and the Department of
Environmental and Public Works Management. No street tree shall be removed
without the approval of the Department of Community and Cultural Services.
Street and/or alley lighting shall be provided on public rights-of-way adjacent to
the project it and as needed per the specifications and with the approval of the
Department lof Environmental and Public Works Management.
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The Tentative Map determination shall not become effective for a period of ten
days from t~e date of determination (twenty days for the Conditional Use Permit
determinatioln) or, if appealed, until a final determination is made on the appeal.
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This project shall not exceed 40-feet in height to the highest point, including
parapets.
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VOTE
Ayes:
Nays:
Abstain
Absent:
Feinstein, Genser, Holbrook, Katz, McKeown, Mayor Bloom
O'Connor
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures 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 City Council of the City of Santa Monica.
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MARIA M. STEWART, City Clerk
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Date
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