SR-6-B (52)
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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
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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
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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
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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
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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:
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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
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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
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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:
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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:
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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:
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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:
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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:
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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
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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
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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.
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.
(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.
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.
(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:
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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:
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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:
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.
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'
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.
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
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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
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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