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
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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