CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT
OF OFFICIAL
ACTION
|
PROJECT CASE NUMBER: Appeals 03-006 and 03-007 Conditional
Use Permit 00-030 LOCATION: 672
Marine Street APPLICANT: Young Ahn, Store Owner APPELLANTS: Abby Arnold Peter
Kim PROPERTY OWNER: Peter Kim CASE
PLANNER: Bruce Leach, Associate
Planner REQUEST: 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. 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. |
CITY
COUNCIL ACTION
September 23, 2003 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 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
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
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.
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 6, 7, 8, 9, 24, 26 and 29, 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 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.
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 façade 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.
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 shall continue to be limited to that of a
neighborhood food market carrying a full line of grocery items.
7.
Only 20% of the shelf area may be stocked with beer and wine
and no liquor is permitted.
8.
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.
9.
The premises shall be maintained in an acceptable state of
repair and maintenance, including the landscaping, trash enclosure, adjacent
parkways and sidewalks and fencing.
10.
No business license shall be renewed or issued to any owner until the above
conditions have been met.
11.
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.
12.
The neighborhood grocery store shall be operated completely
within an enclosed building. The store “unit” may not be used for residential
purposes.
13.
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.
14.
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 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 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.
16.
The store may be open
for business only between 7:00 a.m. and 10:00 p.m.
17.
Deliveries shall be permitted only between the hours of 8:00 a.m. and
6:00 p.m., Monday through Friday.
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.
20.
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.
21.
The applicant is on notice that signage, exterior
modifications, or exterior alterations require prior approval of the
Architectural Review Board, see Condition 2, 8 and 27. The Architectural Review
Board shall pay particular attention to insure that modifications to the facade
maintain and enhance the building’s historic context.
22.
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.
23.
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.
24.
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.
25.
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.
26.
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.
27.
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.
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.
Validity of Permits
29.
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.
30.
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.
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: Feinstein,
Genser, Holbrook, Katz, McKeown, Mayor Bloom
Nays:
Abstain:
Absent: 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 Date