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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