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O1774 CA:f:\atty\muni\laws\mhs\grocery.2 city council Meeting 11-15-94 Santa Monica, California ORDINANCE NUMBER 1774 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE TO PROVIDE FLOOR AREA INCENTIVES FOR GROCERY STORES WHEREAS, the Planning Commission adopted a Resolution of Intention to amend the Zoning Ordinance to provide a floor area incentive for grocery stores located in the BCD, C2, C4, and C6 zoning districts of the City; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on August 17, 1994 and made recommendations to the City Council following the hearing; and WHEREAS, the City Council held a public hearing on the proposed amendment on October 25, 1994; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that Land Use Element Objective 1.7 calls for the protection and expansion of uses that provide for the day-to-day shopping and services needs of nearby residents 1 and grocery stores are such uses; in that Policy 1.7.4 calls for the retention of existing full-service supermarkets and this amendment would assist in such retention by facilitating additions to existing stores; in that Policy 1.7.5 encourages the development of full-service groceries within a five- to ten- minute walking distance of areas not currently served and this amendment would help achieve this goal; and in that the FAR that would be permitted for grocery stores under this amendment would not exceed the FAR contained in the Land Use Element for any of the relevant districts; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that grocery stores are a critical use in the day-to-day life of the community, and implementing policies to encourage their retention, expansion, and development would further the general welfare of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 9.04.08.14.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.14.060 Property development standards. All shall be property in the Broadway District developed 'in accordance with the 2 following standards: (a) Maximum Building Height~ Two stories, not to exceed thirty feet except that if fifty percent or more of the building is residential, three stories, not to exceed forty-five feet. There shall be no limitation on the number of star ies of any structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: Parcel Square Footage FAR FAR if at Least Thirty Percent of Project is Residential, or if at least Eighty Percent of the project is a Grocery Store 0-15,000 15,001-22,500 22,501 and up 1.0 0.90 0.80 1.5 1.3 1.15 3 (c) Minimum Lot size. Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five fee~ of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provi~ed the driveway does not exceed the minimum width permitted for the 4 parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard. buffer required pursuant to the provisions of Part 9.04.10.04. (f) side Yard Setback. None, except: (I) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet of the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required fo~ a street side yard, landscape buffer and screening pursuant to the 5 provisions of Part 9.04.l0.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than twenty-two thousand five hundred square feet of floor area and for any development with rooftop parking. SECTION 2. section 9.04.08.16.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.16.060 property development standards. All property in the C2 District shall be developed in accordance with the following standards: (a) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. The building must comply with 6 build-to-line provisions requirements contained pursuant to the in section 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thirty feet. (c) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: (1) C2 District other than pico Boulevard: Parcel Square Footage FAR FAR if at Least Thirty Percent of Project is Residential, or if at least Eighty Percent of the project is a Grocery Store 0-7,500 7,5001-15,000 15,001-22,500 22,501 and up .75 .50 .45 .40 .75 .75 .65 .55 (2) C2 on pica Boulevard: 7 FAR if at Least Thirty Parcel Percent of Project Square Footage FAR is Residential, or if at least Eighty Percent of the project is a Grocery Store 0-7,500 1.0 1.0 7,5001-15,000 0.70 1.0 15,001-22,500 0.60 0.85 22,501 and up 0.50 0.75 (d) Minimum Lot size. Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of 8 the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet of the interior side property line provided 9 the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire- rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than eleven thousand square feet of floor area. SECTION 3. Section 9.04.08.22.060 of the Santa Monica Municipal Code is amended to read as follows: 10 9.04.08.22.060 standards. There shall be no limitation on the Property development number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this section. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District fronting on Lincoln Boulevard south of the Santa Monica Freeway, pica Boulevard between Ocean Avenue and 4th Court, and Pica Boulevard between 7th street and 11th street, maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 11 Parcel Square Footage FAR FAR if at Least Thirty Percent of project is Residential, or if at least Eighty Percent of the Project is a Grocery Store 0-7,500 7,501-15,000 15,001-22,500 22,501 and up 1.0 0.70 0.60 0.50 1.0 1.0 0.85 0.75 (2) For parcels in the C4 District fronting on Broadway, Santa Monica Boulevard, and 14th street between pica Boulevard and the Santa Monica Freeway, the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 12 Parcel square Footage FAR 0-7,500 7,501-15,000 15,001-22,500 22,501 and up 1.5 1.0 0.90 0.80 FAR if at Least Thirty Percent of project is Residential, or Automobile Dealership with CUP, or if at least Eighty Percent of the Project is a Grocery store 1.5 1.5 1.3 1.15 (3) For parcels in the C4 District fronting on Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall be three stories, not to exceed forty-five feet, and the floor area ratio shall be determined as follows: 13 0-7,500 7,501-15,000 15,001-22,500 22,501 and up 1.5 1.0 0.90 0.80 FAR if at Least Thirty Percent of project is Residential, or if at least Eighty Percent of the Project is a Grocery store 1.5 1.5 1.3 1.15 Parcel Square Footage FAR (4) For parcels in the C4 District fronting on pica Boulevard between 21st street and 31st street, subject to Section 9.04.08.22.060 (a) (5), the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 14 FAR if at Least FAR with CUP Parcel Thirty Percent Pursuant to Square of project is Section 9.04.08.- Footage FAR Residential, 22.060(a) (5) or if at least Eighty Percent of the Project is a Grocery Store 0-7,500 1.5 1.5 2.0 7,501-15,000 1.0 1.5 2.0 15,001-22,500 0.90 1.3 2.0 22,501 and up 0.80 1.15 2.0 (5) Subj ect to the approval of a Conditional Use Permit, a project on a City-owned parcel in the C4 District fronting on pico Boulevard between 21st street and 31st street shall be permitted a FAR bonus and a height of three stories, forty-five feet, if the proj ect contains a full service grocery store having at least five thousand square feet of gross floor area. (b) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet except that 15 parcels existing on the effective date of this Chapter shall not be subject to these requirements. (c) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (d) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. 16 (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (e) side Yard Setback. None, except: (l) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet of the. interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. 17 (3) A ten-foot setback from an interior side property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (f) Development Review. A Development Review Permit is required for any development of more than twenty-five thousand square feet of floor area and for any development with rooftop parking, except that for applications involving the demolition and replacement of an existing single purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a minimum of twenty-f i ve thousand square feet of floor area, only a net new floor area addition of more than twenty-five thousand square feet shall be subject to Development Review. section 9.04.08.26.060 is amended to read as SECTION 4. follows: 18 9.04.08.26.060 Property development standards. All property in the C6 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: 19 Parcel Square Footage FAR FAR if at Least Thirty Percent of Project is Residential, or if at least Eighty Percent of the Project is a Grocery Store o - 7,500 7,501 - 15,000 15,001 - 22,500 22,501 and up 2.0 1.4 1.2 1.0 2.0 2.0 1. 75 1.5 (c) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 20 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (l) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' 21 The interior side yard may be used for parking or loading to within five feet of the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is requir~d for any development of more than thirty thousand square feet of 22 floor area and any development with rooftop parking, except that for applications involving the demolition and replacement of any existing single purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a minimum of twenty-five thousand square feet of floor area, only a net new floor area addition of more than thirty thousand square feet shall be subject to Development Review. SECTION 5. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any 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 23 of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. 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 be effective 30 days from its adoption. APPROVED AS TO FORM: ~~~~ City Attorney 24 7 i/ / , /vr'// -' , / / Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Clarice E. Dykhouse, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No .1774 (CCS) had its first reading on October 25, 1994 and had its second reading on November 15, 1994 and was passed by the following vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Holbrook ATTEST: ~"L ~ bl;~ City Clerk