SR-402-007 (31)
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F:\PLAN\SHARE\CPUNCIL\STOAS\2003\03APP006market.doc NOV 2 5 2003 I!
Council Mtg: Novenhber 25, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeals 03-006 and 03-
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 iDistrict. Applicant: Young Ann/Appellants: Abby Arnold and Peter
Kim
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeals 03-006 land 03-007 of the Planning Commission's approval of CUP 00-030
to allow continued operation of a nonconforming neighborhood market.
On September 23, 2003 the City Council upheld the appeals with conditions, 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.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
iE.
NOV 2 5 2003
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
John Chase, Urban Designer
Bruce Leach, Associate Planner
Planning and Community Development
Attachment: Statement of Official Action
PROJECT
CASE NUMBER:
LOCA TIONJ
APPLICANt:
APPELLANtS:
i
I
PROPERT'1
OWNER: I
CITY OF SANTA MONICA
CITY COUNCIL
STl\TEMENT OF OFFICIAL
ACTION
Appeals 03-006 and 03-007
Conditional Use Permit 00-030
672 Marine Street
Young Ahn, Store Owner
Abby Arnold
Peter Kim
Peter Kim
CASE PLANJNER: Bruce Leach, Associate Planner
REQUEST:
CEQA
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.
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. 20~3 Date.
X Approved based on the following findings and subject to the
conditions below.
Denied.
Other.
EFFECTIVE DATE OF ACTION: September 23,2003
EXPIRATION DATE OF ANY PERMIT GRANTED: September 23,2004
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Six months
Any request for 9n 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 eViden~e, both oral and written, contained in the entire record relating to the
Project. All summ ries of information contained herein or in the findings are based on
the substantial evi ence in the record. The absence of any particular fact from any
such summary is ~ot an indication that a particular finding is not based in part on that
fact.
FINDINGS
MODIFICATION FINDINGS
That the use has been in continuous operation since the effective date of the
Zoning Ordi~ance (September 8, 1988), in that the market has been in continues
operation si~ce 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 an~ intent of this Chapter or that there are exceptional circumstances or
conditions applicable to the proposed development that do not apply generally to
other develqpments covered by this Chapter, in that the market building complied
with devel08ment standards when it was constructed in 1929. In order to comply
with current Isetback requirements, the existing building would need to be 4' from
the north siqe, 10' from the east (Seventh Street) side property line and 15' from
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the front prpperty 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 ~ssociated with demolishing and constructing a new building would
also be su~stantial. Current regulations require four parking spaces and one off-
street loadi~g space. However, there is only sufficient lot area to provide three
parking sp~ces behind the. building. While a two-car parking design would also
meet loadinp space requirements, a loading space would be under utilized due to
commercial I vehicle access limitations, and the additional on-site parking space is
more bene~cial to the neighborhood's limited parking resources. Accessing the
parking lot ifrom the alley and removing the substandard driveway apron will
increase curbside parking.
3 That the g~anting of a modification would not adversely affect surrounding
properties qr be detrimental to the district's residential-oriented environment, in
that the nei~hborhood 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 rppearance 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 fac;ade 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
Comprehenljiive Land Use and Zoning Ordinance, in that, the Zoning Ordinance
allows existihg 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 T A 03-001, the project complies with the
special standards for neighborhood grocery stores.
2
The propos~d use would not impair the integrity and character of the district in
which it is tp be established or located, in that the neighborhood grocery store
has been ffi' operation for over 50 years and serves the surrounding area.
Although t e market does not currently comply with neighborhood market
standards, t e 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~. arcel is .physically suitable for the type of land use being .propos~d, in
that the su ject project can be upgraded to reasonably comply With pertinent
standards nd conditions necessary to insure that the commercial use is
compatible ~ith neighboring residential uses.
3
4 The proposed use is compatible with any of the land uses presently on the subject
parcel, if trle present land uses are to remain, in that the neighborhood grocery
store is an i 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 nei~hborhood 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.
I
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 th1t 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 Qonditions 6,7,8,9,24,26 and 29, the physical location or placement
of the use I on the site is compatible with and relates harmoniously to the
surroundingl neighborhood, in that although the market does not currently comply
with neigh~orhood 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 Plap, in that the proposed use is neighborhood serving while preserving
the existing i scale and character of the surrounding area. Further, Circulation
Element Poliicy 4.1.2. encourages/and use patterns which reduce vehicle miles
traveled andl the number of vehicle trips. The grocery store is in close proximity to
many resid~ntial 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,
convenienc~, or general welfare, in that the project can, be upgraded to comply
with standa1ds 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.
The propos~d use conforms precisely to the applicable performance standards
contained inl 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
These Conditions replace and supersede the conditions from CUP 384
2 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 fa<fade work shall be completed within
180 days from the effective date of this permit.
3 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.
4 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.
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12.
13
14.
Operational
5.
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.
6.
The use s~all continue to be limited to that of a neighborhood food market
carrying a f~lIline of grocery items.
Only 20% qf the shelf area may be stocked with beer and wine and no liquor is
permitted. i j
7.
8.
All signs 0 her than the "Market" sign over the entrance shall be removed-,
including th se in the windows and in the parking lot. Only permanent signs that
are specific lIy approved by the ARB may be allowed. Because of the residential
context an OP2 District sign limitations, new signs should be limited to the
markets na e, such as Mini-Mart, Marine Street Market, building address and
exempt reg latory signs, such as customer parking only.
The premi~les shall be maintained in an acceptable state of repair and
maintenanc , including the landscaping, trash enclosure, adjacent parkways and
sidewalks a . d fencing.
No busines~ license shall be renewed or issued to any owner until the above
conditions h~ve been met.
9
10
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.
The neighborhood grocery store shall be operated completely within an enclosed
building. Th~ store "unit" may not be used for residential purposes.
One (1) on-ireet 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. I he applicant shall reimburse the City for the costs of painting the
curb, postin$ 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.
No exterior~. activities such as trash disposal or other maintenance activity
generating oise audible from the exterior of the building shall be conducted
between 10: 0 p.m. and 7:00 a.m., Monday through Friday, and between 10:00
p.m. and 9: ,0 a.m., Saturday and Sunday. Trash enclosure shall be secured
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21
22
with a lock between 10:00 p.m. and 7:00 a.m. No after hours operation shall be
permitted.
15.
Lighting shall comply with SMMC Section 9.04.10.02.270, which states that all
outdoor ligryting associated with commercial uses shall be shielded and directed
away from I surrounding residential uses. Such lighting shall not exceed .5
footcandle~ of illumination beyond the property and shall not blink, flash, oscillate
or be of un~sually high intensity of brightness. The design of the lighting fixtures
shall maintain and enhance the building's historic context.
16
The store rryay be open for business only between 7:00 a.m. and 10:00 p.m.
Deliveries s,hall be permitted only between the hours of 8:00 a.m. and 6:00 p.m
Monday thr~ugh Friday.
17
18
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.
19.
The trash enclosure shall be secured with a lock between 10:00 p.m. and 7:00
a.m.
".;tii
20
Within 14 days of the effective date, the applicant shall post a notice at the
building en~ stating that the site is regulated by a Conditional Use Permit and
the Statem nt of Official Action, which includes the establishment's conditions of
approval, is available upon request. This notice shall remain posted at all time
the establis ment is in operation.
The applic~nt is on notice that signage, exterior modifications, or exterior
alterations Irequire prior approval of the Architectural Review Board, see
Condition 21" 8 and 27. The Architectural Review Board shall pay particular
attention to insure that modifications to the facade maintain and enhance the
building's hi. toric context. .
The store operator shall submit a plan for approval by the Director of Planning
and Comm nity Development regarding employee alcohol awareness training
programs a d policies. The plan shall outline a mandatory alcohol awareness
training pro ram for all employees having contact with the public and shall state
manageme t's policies addressing alcohol sales. The program shall require all
employees aving 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 n longer sponsors an alcohol awareness training program, all
employees aving 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
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25.
26
27
28.
this condition. This project shall be subject to any future citywide alcohol
awareness ~raining program condition affecting similar establishments.
23.
Any increase or intensification in the mode or character or operation of alcohol
sale~ sha~1 require. applicatio~ for an alco.hol o~t!et ~on.ditional Use Permit. The
applicant IS i on notice that no Increase or Intensification In the mode or character
or operatioi' of nonconforming alcohol uses is permitted as of the date of this
permit.
24
Electrical conduit and window bars that have been installed on the exterior of the
building sh<.jlll be removed. Electrical conduit, pipes and security bars may be
installed ins'de the building with pertinent permits.
The neighblrhOod market shall provide and maintain three (3) parking spaces.
One of the paces may also be used as an on-site delivery loading space. The
rear parkin area shall be paved, striped and landscaped pursuant to the
approved sie plan.
LandscaPin~ 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 he landscape and irrigation system shall be approved by the
Architectural Review Board.
Although the rear parking lot does not meet off-street loading area requirements,
the market ~perator shall encourage vendors and small delivery trucks to 'use the
on-site par ing resources when available. Loading and unloading for store
merchandis and trash pick-up shall be permitted only between 8:30 a.m. and
6:00 p.m. Monday through Friday.
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 10:00 p.m. and 7:00 a.m.
Validitvof Permits
29, In the event I 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 issu~d until such violation has been fully remedied.
30, Within ten days of City Planning Division transmittal of the approved Statement of
Official Actio,n, project applicant shall sign and return a copy of the Statement of
Official Actioln prepared by the City Pla.nning Division, a~reeing to the. ~onditions
of approval fnd 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.
31 This determination is effective immediately. The approval of this permit shall expire
if the rights granted are not exercised within one year from 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.
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.
~~~~ .~~
MARIA M. STEWART,\City Clerk
\ 'l. -- ~- 0:;'
Date
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