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SR-6-B (52) . 68 ~ . , . . CA:f:atty\muni\strpts\grocery.2d . NOV. 1 5 199't .. City Council Meeting 11-15-94 Santa Monica, Ca11fornla TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance amending the Zoning Ordinance to provide floor area incentives for grocery stores INTRODUCTION At its meeting on October 251 1994, the Clty Councll introduced for f1rst reading an ordinance amending the Zoning Ordinance to provide floor area incentives for grocery stores. The ordinance is now presented to the City council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, C1ty Attorney Mary H. Strobel, Deputy city Attorney NOV 1 5 1994 68 .<WfJs i l -- . , CA:f:\atty\munl\laws\mhs\grocery.2 City Council Meeting 11-15-94 Santa Monlca, California ORDINANCE NUMBER 1 7 7 4 (CCS) (City council Serles) 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 Resolutlon of Intentlon to amend the Zonlng Ordlnance to provide a floor area J.neentlve for grocery stores located ln the BCD, C2, C4, and C6 zonlng dlstrlcts of the City; and WHEREAS, the Planning Commisslon held a public hearing on the proposed amendment on August 17, 1994 and made recommendations to the city Council following the hearlng; and WHEREAS, the City Council held a public hearlng on the proposed amendment on October 25, 1994; and WHEREAS, the Clty Counell finds and declares that the proposed amendment is conslstent ln prlnclple with the goals, obJectives, pollcies, land uses, and programs speclfied ln the adopted General Plan, in that Land Use Element Objective 1.7 calls for the protectJ.on and expanslon of uses that provlde for the day-to-day shopping and serVlces 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 ass 1st ln such retention by facilitating additions to existlng stores; ln that POllCY 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 permltted for grocery stores under this amendment would not exceed the FAR contained In the Land Use Element for any of the relevant distrlcts; and WHEREAS, the publlC health, safety, and general welfare requlre the adoption of the proposed amendment, in that grocery stores are a critical use ln the day-to-day life of the community, and lmplementlng policies to encourage their retentlon, 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 l. section 9.04.08.14.060 of the Santa Monica Munlclpal Code is amended to read as follows: 9.04.08.14.060 Property development standards. All property in the Broadway Distrlct shall be 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 residentlal, three storles, not to exceed forty-five feet. There shall be no limltation on the number of star les af any structure contalning at least one floor of residential use, so long as the height does not exceed the max~mum number of feet permitted ln this Sectlon. (b) Maximum Floor Area Ratio. The maX1mum floor area ratio shall be determined as follows: FAR if at Least Thirty Parcel Percent of Project Square Footage FAR is Residential, or if at least Eighty Percent of t.he project is a Grocery store 0-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.15 3 (c) Minimum Lot size. Seven thousand five hundred square feet. Each parcel shall have minimum dimenslons of fifty feet by one hundred fifty feet, except that parcels existing on the effectlve date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as requlred 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 requlred rear yard may be used for park1ng or loading to wlthin 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 malntained along the rear commercial parcel line. Access driveways shall be permltted to perpendicularly cross the required rear yard provi~ed the driveway does not exceed the IDlnimum width permitted for the 4 parklng area. A requlred rear yard shall not be used for commercial purposes. (2 ) That needed to accommodate landscaping and screenlng for a rear yard buffer required pursuant to the provislons of Part 9.04.10.04. ( f) side Yard Setback. None, except: (1 ) Where the interlor side parcel line abuts a residential district, an inter lor ~, slde yard equal to: 5' + (storles x lot wldth) 50' The inter lor side yard may be used for parklng or loading to within five feet of the interlor slde property line provided the parking or loading does not extend above the flrst floor level and provided a wall not less than five feet or more than six feet ln height is erected and maintained along the side conunerclal parcel line. A requlred interior side yard shall not be used for access or for commerclal purposes. (2 ) That needed to accommodate landscaping required for a street side yard, landscape buffer and screenlng pursuant to the 5 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 lnterior slde yard less than ten feet shall be permitted if provlsions of the Unlform Buildlng Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A Development ReVlew Permlt is requlred for any development of more than t. -enty-two thousand five hundred square feet of floor area and for any development with rooftop parking. SECTION 2 . Sectlon 9.04.08.16.060 of the Santa Monlca 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 followlng standards: ( a) Front Yard Setback. Landscaping as required pursuant to the provislons of Part - 9.04.10.04. The building m.ust com.ply wlth 6 bUlld-to-line requirements pursuant to the provisions contalned in Sectlon 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thlrty feet. (c) Maximum Floor Area Ratio. The maxJ.mum floor area ratio shall be determlned as follows: (1) C2 Dlstrict other than P1CO Boulevard: 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 .75 .75 7,5001-15,000 .50 .75 15,001-22,500 .45 .65 22,501 and up .40 .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 715001-15,000 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 eXlsting 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: 51 + (stories x lot width) 501 The required rear yard may be used for parklng or loading to wlthin five feet of 8 the rear parcel Ilne provided the parking or loadlng does not extend above the first floor level and provlded that a wall not less than five feet or more than six feet in height lS erected and maintalned along the rear commercial parcel Ilne. Access drlveways shall be permitted to cross perpendlcularly the required rear yard provlded the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commerclal purposes. (2) That needed to accommodate landscaplng and screenlng for a rear yard buffer requlred pursuant to the provisions of Part 9.04.10.04. (f) side Yard Setback. None, except: (1) Where the lnterior side parcel llne abuts a resldential district, an interior side yard equal to: 5' + (storles x lot width) 50' The inter lor slde yard may be used for parklng or loading to wlthln five feet of the lnterlor slde property line provlded 9 - -- - - the parking or load~ng does not extend above the first floor level and provided a wall not less than flve feet or more than six feet in height is erected and malntained along the side commercial parcel line. A required interior side yard shall not be used for access or for commerclal purposes. (2) That needed to accommodate landscaping requlred for a street side yard, landscape buffer and screening pursuant to the provlsions of Part 9.04.10.04. (3 ) A ten-foot setback from an interior property line shall be required for portlons of bUlldings that contaln windows, doors, or other openings into the interior of the buildlng. An interior side yard less than ten feet shall be permitted if provisions of the Uniform BUllding Code related to fire- rated open~ngs in slde yards are satlsfied. (g) Development Review. A Development ReVlew Permit is requlred for any development of more than eleven thousand square feet of floor area. SECTION 3. Sectlon 9.04.08.22.060 of the Santa Monica Munic~pal Code is amended to read as follows: 10 9.04.08.22.060 Property development standards. There shall be no llm~tation on the number of stories of any hotel, detached parklng structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maXlmum number of feet permltted in this Section. All property in the C4 Dlstrict shall be developed in accordance with the followlng standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District frontlng on Lincoln Boulevard south of the Santa Monica Freeway, pico Boulevard between Ocean Avenue and 4th court, and Pica Boulevard between 7th street and 11th Street, maximum helght shall be two stories, not to exceed thlrty feet, and the floor area ratio shall be determlned as follows: 11 FAR if at Least Parcel Thirty Percent of square Footage FAR Project is Residential, or if at least Eighty Percent of the Project is a Grocery store 0-7,500 1.0 1.0 7,501-15,000 0.70 1.0 15,001-22,500 0.60 0.85 22,501 and up 0.50 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 helght shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 12 . . FAR if at Least Thirty Percent of Project is Parcel Residential, or Automobile Dealership Square Footage FAR with CUP, or if at least Eighty Percent of the project is a Grocery store 0-7,500 1.5 1.5 7,501-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.15 (3) For parcels in the C4 District fronting on Llncoln Boulevard north of the Santa Monica Freeway, the maximum height shall be three storles, not to exceed forty-flve feet, and the floor area ratio shall be determined as follows: 13 FAR if at Least Parcel Thirty Percent of Square Footage FAR Project is Residential, or if at least Eighty Percent of the project is a Grocery store 0-7,500 1.5 1.5 7,501-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.15 (4) For parcels ln the C4 District frontlng on pica Boulevard between 21st street and 31st street, subject to Section 9.04.08.22.060(a) (5), the maXlmum helght shall be two storles, not to exceed thirty feet, and the floor area ratlo 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 Eiqhty 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) Subject to the approval of a conditlonal Use Permit, a proJect on a .. city-owned parcel in the C4 District fronting on P1CO Boulevard between 21st Street and 31st street shall be permitted a FAR bonus and a height of three storles, forty-flve feet, if the project contains a full service grocery store havlng 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 mlnlmum depth of one hundred fifty feet and a mlnlmum width of fifty feet except that 15 . parcels eXlstlng on the effective date of this Chapter shall not be subject to these requirements. (c) Front Yard Setback. Landscaping as required pursuant to the prOV:LS1OnS of Part 9.04.10.04. ( d) Rear Yard Setback. None, except: (1) Where rear parcel l:Lne abuts a resldential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parklng or loading to wlthln five feet of the rear parcel Ilne provided the parking or loading does not extend above the first floor level and prov1ded that a wall not less than five feet or more than six feet ln height lS 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 permltted for the parking area. A required rear yard shall not be used for commercial purposes. 16 . (2 ) That needed to accommodate landscaping and screenlng for a rear yard buffer required pursuant to the provlsions of Part 9.04.10.04. ( e) side Yard setback. None, except: ( 1) Where the inter lor slde parcel line abuts a resldential dlstrict, an interior side yard equal to: 5' + (storles x lot wldth) 50' The interlor slde yard may be used for parking or loading to within five feet of the interior side property llne provided the parking or loading does not extend above the first floor level and provided a wall not less than flve feet or more than six feet In height is erected and maintalned along the side commercial parcel line. A required interlor s~de yard shall not be used for access or for commercial purposes. (2 ) That needed to accommodate landscaplng requlred for a street side yard, landscape buffer and screenlng 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 openlngs lnto the interior of the bUlldlng. An lnterior side yard less than ten feet shall be permitted if provisions of the Uniform BUllding Code related to fire-rated openlngs in slde yards are satisfied. (f) Development Review. A Development ReVlew Permit is requlred for any development of more than twenty-flve thousand square feet of floor area and for any development with rooftop parklng, except that for applications involving the demolition and replacement of an existlng single purpose grocery store on a parcel which lS not adjacent to a resldentlally zoned dlstrlct, wlth a store which has a minimum of twenty-flve thousand square feet of floor area, only a net new floor area addltion of more than twenty-five thousand square feet shall be subject to Development Review. SECTION 4. Section 9.04.08.26.060 lS amended to read as follows: 18 -- -- -- --- . 9.04.08.26.060 property development standards. All property in the C6 District shall be developed in accordance wlth the following standards: (a) Maximum Building Height. Three storles, not to exceed forty-five feet. There shall be no limitatlon on the number of storles 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 permltted In this Sectlon. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determlned as follows: 19 FAR if at Least Thirty Parcel Percent of project is Square Footage FAR Residential, or if at least Eighty Percent of the project is a Grocery store o - 7,500 2.0 2.0 7,501 - 15,000 1.4 2.0 15,001 - 22,500 1.2 1. 75 22,501 and up 1.0 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 mlnimum width of fifty feet, except that parcels eXlsting on the effective date of this Chapter shall not be sUbJect to this requirement. (d) Front Yard Setback. Landscap~ng 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 residentlal district, a rear yard equal to: 20 . 5' + (stories x lot width) 50' The required rear yard may be used for parklng or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the flrst floor level and provided that a wall not less than five feet or more than six feet in height is erected and malntalned along the rear commercial parcel line. Access drlveways shall be permitted to cross perpendicularly the requ~red rear yard provided the driveway does not exceed the m~nimum width permitted for the parking area. A required rear yard shall not be used for commerclal purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer requlred pursuant to the prov~sions of Part 9.04.10.04. (f) side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential distr1ct, an ~nterior side yard equal to: 5' + (stories x lot width) 50' 21 . The inter lor side yard may be used for parking or loading to within flve feet of the interior side property line provided the parking or load long 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 commerc~al parcel line. A required interior side yard shall not be used for access or for commerclal purposes. (2) That needed to accommodate landscaplng required for a street slde 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 lnterior of the building. An interlor side yard less than ten feet shall be permitted if provisions of the Uniform Buildlng Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A Development Review Permlt lS requlred for any development of more than thirty thousand square feet of 22 . . floor area and any development with rooftop parklng, except that for applications involving the demolltlon and replacement of any existing single purpose grocery store on a parcel which lS not adjacent to a residentially zoned district, wlth a store which has a mlnimum 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 appendlces thereto, inconsistent with the provisions of thlS Ordinance, to the extent of such lnconsistencies 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 unconstitutional by a decislon of any court of any competent Jurisdlctlon, such decision shall not affect the validlty of the remaining portions of this ordinance. The City Council hereby declares that it would have passed thlS Ordinance, and each and every section, subsection, sentenc~, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion 23 of the Ordinance would be subsequently declared inval id 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 ln the official newspaper wlthin 15 days after lts adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~k~~ city Attorney 24 . 4 - . I / ~.v ./ '"' , .-' , Mayor State of CalIforrua ) County of Los Angeles ) ss CIty of Santa Moruca ) I. Clance E Dykhouse, CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg Ordmance No 1774 (CCS) had Its first readmg on October 25, 1994 and had Its second readmg on November 15. 1994 and was passed by the followmg vote Ayes Councllmembers Abdo, Genser. Greenberg, Olsen, Rosenstem, Vazquez Noes Councllmembers None Abstam: CouncIlmembers None Absent Councllmembers Holbrook ATTEST L/M~ --- I' City Clerk