O2090
f:\atty\mu ni\laws\barry\03T A004market-1. wpd
City Council Meeting 7-22-03 Santa Monica, California
ORDINANCE NUMBER 2090 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.14.080 OF THE SANTA MONICA MUNICIPAL
CODE TO ALLOW THE PLANNING COMMISSION, OR CITY COUNCIL ON
APPEAL, TO MODIFY THE SPECIAL CONDITIONAL USE PERMIT STANDARDS
FOR EXISTING NONCONFORMING NEIGHBORHOOD MARKETS
WHEREAS, Santa Monica Municipal Code Section 9.04.18.040(h) provides that if
a conditional use permit for an existing commercial or industrial use in a residential district
establishes a specific termination date, the nonconforming commercial or industrial use
shall be discontinued orremoved or altered to conform to the Zoning Ordinance when the
conditional use permit terminates; and
WHEREAS, this section in part allows the extension or renewal of conditional use
permits of limited duration authorizing the continued operation of nonconforming
commercial/light industrial uses located in residential zones subject to the following: (i) the
use has been in continuous operation since the adoption ofthe Zoning Ordinance, (ii) there
will be no change, expansion or intensification of the use, and (iii) the findings established
in Section 9.04.20.12.040 (conditional use permit) can be made; and
WHEREAS, Section 9.04.20.12.040(k), governing the issuance of conditional use
permits, requires that the proposed use conform precisely to the applicable performance
1
standards contained in Subchapter9.04.12, Section 9.04.12.010 and the special conditions
outlined in Subchapter 9.04.14, Section 9.04.14.010; and
WHEREAS, Section 9.04.14.080 establishes special standards for neighborhood
markets; and
WHEREAS, several existing neighborhood markets are located in buildings that are
legal nonconforming as to development standards; and
WHEREAS, as a result, these markets cannot comply with some of the special
standards established by Section 9.04.14.080 and therefore cannot meet the standards
of Section 9.04.18.040(h); and
WHEREAS, on February 20, 2003, the applicant, Alice Berkowitz, filed an
application for a text amendment which would allow the Planning Commission, or City on
appeal, to modify these special standards for existing neighborhoods markets; and
WHEREAS, the Planning Commission considered the proposed text amendment
at public hearings conducted on April 2, 2003; and
WHEREAS, the Planning Commission recommended approval of this request; and
WHEREAS, the City Council held a public hearing on this proposed Zoning
Ordinance Text Amendments on July 8,2003; and
WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan, in that
Land Use Objective 1.1 establishes the goal of improving the quality of life for all residents
by providing a balance of land uses consistent with protecting the quality of life in all
residential neighborhoods, Land Use Objective 1.2 establishes the goal of ensuring
compatibility of adjacent land uses, with particular concern for protection of residential
2
neighborhoods and Land Use Objective 3.2 establishes the goal of protecting the scale
and character of residential neighborhoods adjacent to commercial areas; and
WHEREAS, the text amendment would authorize the Planning Commission to
consider the merits of allowing an existing legal nonconforming neighborhood market to
continue based on a case by case evaluation of the individual circumstances of the use
and the appropriate modification of certain of the special conditions that otherwise govern
neighborhood markets, subject to mandatory findings that insure that the modification
would not negatively impact adjacent neighbors or the character of the neighborhood; and
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed amendments in that the text
amendment allows for the continuation of nonconforming neighborhood markets which
have served surrounding neighborhoods for a long period of time, which are located in the
areas of the City that have an insufficient number of grocery markets and which thereby
reduce the need for residents to drive to less convenient commercial locations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.14.080 is hereby amended
to read as follows:
Section 9.04.14.080 Neighborhood grocery stores in multi-family
residential districts.
The purpose of this Section is to permit neighborhood grocery stores
3
in all multiple family residential districts for the use and convenience of
neighborhood residents. The special conditions contained in this Section are
intended to ensure that neighborhood grocery stores are compatible with the
scale and character of the surrounding neighborhood, and consistent with
the goals, objectives, and policies of the General Plan. The following special
conditions shall apply to neighborhood grocery stores in multiple family
residential districts:
(a) Applicability. All neighborhood grocery stores in multi-family
districts shall comply with the property development standards for the district
in which it is to be located and with this Section.
(b) Location. No neighborhood grocery store shall be located within
three hundred linear feet of an adjacent commercial district in which similar
facilities are located.
(c) 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.
(d) 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
4
portion of the structure in which the store is located shall exceed the height,
setback, and parcel coverage requirements for the residential district.
(e) 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.
(f) 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.
(g) Off-Street Loading. One off-street loading area may be used for
parking by store customers. Loading and unloading of store merchandise
shall be permitted only between eight-thirty a.m. and six p.m.
(h) Lighting. Lighting shall comply with Section 9.04.10.02.270.
(i) Hours of Operation. The store shall be open for business only
between eight a.m. and nine p.m.
U) Maximum Size. No neighborhood grocery store shall exceed three
thousand square feet.
(k) Alcohol Sales. No neighborhood grocery store shall be permitted
to sell alcoholic beverages.
(I) Deliveries. Deliveries shall be permitted only between the hours of
eight a.m. to six p.m., Monday through Friday.
(m) The Planning Commission (or City Council on appeal) may
5
modify subsections (d), (e), (g), and (i) of this Section for existing legal
nonconforming neighborhood markets seeking to extend or renew
conditional use permits pursuant to Section 9.04.18.040(h) if all of the
following findings of fact can be made in an affirmative manner:
(1) That the use has been in continuous operation since the effective
date of the Zoning Ordinance (September 8, 1988);
(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;
(3) That the granting of a modification would not adversely affect
surrounding properties or be detrimental to the district's residential-oriented
environment.
Notwithstanding the granting of an extension or renewal of a
conditional use permit, the neighborhood market shall remain a legal
nonconforming use subject to Section 9.04.18.030, except Section
9.04.18.030(e) as it relates to extended hours of operation, and as a
nonconforming use, it shall be permitted to continue only so long as the use
remains substantially the same type of use as the use of the property on the
effective date of the Zoning Ordinance and the basic operational features of
the use and its impact on the neighborhood are not altered.
6
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after its adoption.
APPROVED AS TO FORM:
7
Approved and adopted this 22nd day of July, 2003. b~
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2090 (CCS) had its introduction on July 8,2003, and was
adopted at the Santa Monica City Council meeting held on July 22, 2003, by the
following vote:
Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz, Genser,
Holbrook, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Connor
a.S
8