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SR-8-C (58)r , ~ ~ P&Z:DKW.f:\plan\share\pc\strpt\markcc City Counci.l M~g: October 25, 1994 TO: Mayar and City Council FROM: City Staff ~CT25~ Santa Monica, California SUBJECT Text Amendmen~ Proposing to Amend Article IX of the Santa Monica Municipal Code to Provide Floor Area Incentive for Grocery Stores INTRDDUCTYON The attached Text Arr~endment would amend Article IX of the Santa Monica Municipal. Code to provide a floor area incentive for grocery stores ln the BCD, C2, C4, and C6 districts. An identical incentive is currently provided for residential development in those districts. The Planning Comrnission appraved this amendment on August 17, 1994. BACKGROUND Proposed is the provision of a floor area incentive far addi~.ions to or the development of grocery stores ~n the BCD, C2, C4 and C5 districts. Currently, the Zon~ng Ordinance provides a floor area bonus for residential development ~n these districts, and under the propos~d atnendment, an ider_tical bonus would be available ~or grocery s~o~es. As wi~h the ~esitiential incentizre, the flaor area for grocery stores would ~cr'ary based on the particular di.strict, and also based on parcel s~ze. For example, in most of the C2 district, the current standard FAR limit for a 22,500 sq ft. parcel is ~.45, bu~. tor resa.dential use (and w~th the amendment, acr z 5 ~ ~ ti e for grocery s~ores} the ~im~t is 0.65 FAR. While the FARs vary according the district involved and the size of the particular parcel, the increased FAR is nat substantial. This issue arose because of a planned addit~.on to an existing store on. Dcean Park Boulevard (Bob's Market? which planned a small addition which could r.ot be achieved because of t~e 1993 reductions in allowable FAR in the C2 zone ~similar reductions occurred in other zones;. An ad~ustment to allowable FARs appears appropriate for gracery stores, since they are a significant neighborhood- serving use. BUDGET/FINANCIAL IMPACT The proposed amendrnent would have no budget/financial impact. R~CONMENDATION Staff recammends that the City Council approve the proposed tzxt amendment and antroduce the attached ordinance for first reading with the following findings: a) The proposed arnendment is cansistent in principle with the goals, ob~ectiv~s, policies, land ~ses, and programs specified in the adopted General Plan in ~hat vand Use Element Qbjective 1.7 call~ for the protection and ~xpansion of uses that pravide for the day-to-day shopping and servace needs of nearby residents; grocery stores are such uses. In additian, Policy 1.7.4 ca~ls for the ~ retention of existing full-service supermarkets; this text amendment would ass3st in such retention by ~ac~litating addztions to exiSting stores. Fur4her, Policy 1.7.5 encourages the development of full-service supermarkets ir_ areas not currently served; this revision wculd further that policy. Policy 1.7.6 calls for the retention af exc~ting grocery and food markets, and pol~cy 1.7.7 encourages the developmen~ of groceries within a five- to ten-minute walking d~stance of areas not currently served; this text amendment would help achieve ~hese policies. Finally, the FARs that would be permitted for grocery stores under this text amendrnent would still be less than the ~'ARs contempla~ed in th~ Land Use Element for the relevant districts. b) The public health, safety, and general welfare require the adoption of the proposed amendment in that grocery stares are a critical use in t~e day-to-day life of the community, and implementing policies to encourage their ret~ntian, expansion, and development would further the genera~ welfare of the city. Prepared by~ Suzanne Fr~.ck, PCD Director D. Kenyon Webster, Plann~ng Manager v1 , ~ CA:f;~atty\muni~laws\mhs\grocery City Council Meeting 10-25-94 Santa Monica, California ORDINANCE NUMBER (CCS) {City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE T~ PROVIDE FLOOR AREA INCENTIVES FOR GROCERY STORES WHEREAS, the Planning Commission adopted a Resolution of Intention to amend the Zoning Ordinanca 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 Commissian held a public hearing on the proposed amendment on August 17, 1994 and made recontmendations to the City Council following the hearing; and WHEREAS, the City Council held a public hearing on the proposed amendment on Octobar 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 pragrams specified in the adopt~d General Plan, in that Land Use Elem~nt Objective 1.7 calls for th~ protectian and expansion of uses that provide for the day-to-day shopping and services needs of nearby residents i and grocery stores are such use~; in that Policy 1.7.4 cal~s for the ~etention of existing ful~-service supermarkets and this amendment wou~d assist in such retention by facilitating additions to existing stores; in that Policy 1.7.5 encourages the development of full-s~rvice groceries within a five- tv t~n- minute walking distance of areas nat currently served and this amendment would help achieve this gaal; and in that the FAR that would be permitted foz groc~ry stores under this amendment would n~t exceed the FAR contained in the Land Use Element for any of the relevant districts; and WHEREAS, the public health, safety, and general welfar~ require the adoption of the proposed amend~ent, in that grocery stores are a critica~ use in the day-ta-day life of the cam~-unity, and implementing policies ta encourage their retention, expansion, and development would further the genera~ welfare of the City; NOW, THEREFORE, THE CITY COUNCIL ~F THE CITY OF SANTA MONICA DDES ORDATN AS F~LLOWS: SECTION 1. Section 9.fl4.08.14.060 of the Santa Monica Municipal Code is amended ta read as follows: 9.44.08.14.060 Property development standatrds . All prop~rty in the Broadway District shall be developed in accordance with the 2 following standards: {a) Maximtun Buildinq Heiqht. Two stories, not to exceed thirty feet except that if fifty percent or more of the building is residential, three staries, not to exceed forty-five feet. Theze sha~l be no limitatian on the number of staries af any structura cantaining 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) Maximwn Floor Ares Ratio. The maximum f~oor area ratio shall be determined as follows: FAR if at Least Thirty Parcel Percent af Project Square Footaqe FAR is Residential, or for GrocEry Store 0-15,OD0 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.1~ (cJ Minimum Lot l5ize. Seven thousand five hundred square feet. Each parcel shall have 3 minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be sub~ect to this requirement. (d) Front Yard Setlaack. Landscaping as required pursuant to the provisi.ons of Part 9.04.10.04. (e} Rear Yard se~back. 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 ~or 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 ~ess than five feet or more than six feet in height is erected and maintained alang the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the raquir~d rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used tor ca~nmercial purposes. 4 (2} That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.D4.10.44. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal ta: 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 ar loading does not extend above the first floar level and provided a wall not less than five feet ar 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 stre~t side yard, landscape buffer and screening pursuant to the pro~isions of Part 9.04.10.04. 5 (3~ A ten-foot setback from an interior property line shall be required for portions of buildings that contain windaws, doors, ar other openings into the interior af the building. An interior side yard Zess than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated Qpenings in s~de yards are satisfied. (g) Development Re~iew. A Development Review Permit is required for any development of more than twenty-two thousand five hundred square feet of flaor area and for any development with rooftop parking. SECTION 2. Section 9.04.08.16.060 vf the Santa Monica Municipal Cade is amended ta read as follows: 9.04.08.16.~6~ Property development standards. All property in the C2 District sha~l be developed in accordance with the following standards: (a) Front Yard Satback. Landscaping as required pursuant ta the provisions of Part 9.04.10.04. The bu~lding must comply with build-ta-line requirements pursuant to the 6 provisions contained in Section 9.o4.ia.o2.a5o. (b} Maximum Buildiaq Heiqht. Two stories, not to exceed thirty feet. (c} Mssimum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: (1) C2 District other than Pico Boulevard: FAR i€ at Least Thirty Parcel Percent of ProjeC~ square Faotaqe FAR is Residential, or for Graeery 8tore 0-7,5Q0 .75 .75 7,50~1-15,000 .50 .75 15,001-22,500 .45 .65 22,501 and up .40 .55 (2) C2 an Pico Boulevard: 7 FAR if at Leas~ Thirty Parcel Percent of Project Square Faotaqe FAR is Residential, or for Crace~y btore a-~,~aa 1.o s.o 7i50d1-15,000 D.70 1.0 15,001-22,500 D.60 4.$5 22,501 and up 0.50 0.75 (d} Minimum Lot size. Seven thousand five hundred square feet. Each parcei shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effectiv~ date of this Chapter sha~l not be subject to this r~qua.rement. (e} Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x ].ot width) 50' The required rear yard may ba used for park~ng ox~ loading to within five feet of the rear paxcel line provided the parking or l.oading does not extend above the first floor 8 1eve1 and provided that a wall nat less than five feet or mare than six feet in height is er~cted and maintained along the rear commercial parceZ line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway do~s not exceed the minimum width permitted ~or the parking area. A requir~d rear yard sha~l nat be used for cammercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions af Part 9.04.10.04. (~) Side Yard 8etback. None, except: (1) Where the interior side parcel line abuts a residentia~ district, an interior side yard ~quaJ, to: 5~ + (stories x lot width) 50' The interior side yard may be used for parking or loading .... ~~~~~~ ~::~: to within five feet ~e t~~ the intErior side praperty line provided the parking or ~oading daes not extend abave the first f~oar l.eve~ 9 and provided a wall nat less than fi~e feet or more than six feet in height is erected and maintained along the side cammercial parcel ],ine. A required interior side yard shall not be used far accass or for commercial purposes. {2) That needed to accommodate landscaping required far a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-faot setback from an interior praperty 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 Unifarm Building Code related to fzre- rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any develop~-ent of more than eleven thousand square feet af floor area. SECTION 3. Section 9.44.08.22.060 of the Santa Monica Munic~pal Code i.s amer~ded ta read as follaws: 10 9.04.88.2~.D6~ Property development standards. There shall be no limitation on the number af stories of any hotel, detached parking structure, or structure contain~ng at least one f~oor of residential use, so long as the height does not exceed the maxi~um number of feet pennitted in this Section. Al1 property in the C4 District shall be developed in accordance with the followinq standards: (a) Maximum Heiqht and Floor Area Ra~io. (1) For parcels in the C4 District fronting on Lincoln Boulevard south af the Santa Monica Freeway, P~co BouZevard between Ocean Avenue and 4th Court, and Pico Boulevard between 7th Street and iith 5treet, maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as fal~ows: 11 ~'AR if at Least Parce~ Thirty Percent of Square Footage FAR Project is Residenti.a~l, or ~~~ t~rocery 5~~~~ 0-7,500 1.4 1.4 7,~ai-i~,ooa 0.70 1.~ 15,001-22,50Q 0.60 0.85 22,501 and up 0.50 0.75 {2) For parcels in the C4 District franting on Broadway, Santa Mon~.ca Boulevard, and 14th Street between Pico Boulevard and the Santa Monica Fraeway, the maximum height 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 Residentisl ar Automabile Dealership square Footaqe FAR vrith CUIs, or for Gracery s~cre 0-~,5oa 1.5 i.5 7~501-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.8D 1.15 ~3) Far parcels in the C4 District fronting on Lincoln Baulevard north of the Santa Monica Freeway, the maximum height shall be three st~ries, not to exceed forty-five feet, and the floor area ratio shall be determined as follows: 13 FAR if at Least Paresl Thirty Percent of Square Faotaqe FAR Project is Residential, or for Groc~ry Store 0-7 , 500 1. 5 ].. 5 7,501-15,0~0 1.0 1.5 15,041-22,50D 0.90 1.3 22,501 and up 0.80 1.~5 (4) Far parcels in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street, subject to Sectian 9.04.08.22.fl64(a}(5), the maximum height sha~l be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 14 Parcel square Footaqe FAR o-~,5aa i.~ 7,501-15,000 1.0 15,001-22,500 0.9Q 22,501 and up 0.80 FAR if at Least Thirty Percent af Project is Residen~i.al~ or for Crocery ~~r~~e 1.5 FAR with CIIP Pursuant to SectiQn 9.04.08.- 22.G6D(a)[5f 2.0 1.5 2.0 1.3 2.0 1.15 2.0 (5) Subject to the approval of a Conditional Use Permit, a project on a City-owned parcel in the C4 District fronting an Pica Boulevard between 21st Street and 31st Street shail be permitted a FAR bonus and a height of three stories, forty-five f~et, if the project contains a full service grocery store having at least five thousand square feet of grass floor area. (b} Minimum Lot Size. Seven thousand five hundred square feet. Each parcel sha~~. contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet except that parcels existing an the effective date of this Chapter sha].1 not be sub3ect to these ~5 requirem~nts. (c} Front Yard Setback. Landscaping as required pursuant to the provisions of Fart 9.04.10.04. (d} Rear Yard Setback. None, except: (1) Where rear parcel line abuts a resa.dential district, a r~ar 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 daes not extend above the first f~oor level and provided that a wall not iess than five feet or mQre than six feet in height is erected and maintained along the rear comm~rcial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway daes not exceed the minimum width permitted for the parking area. A required rear yard sha~l not be used for cornmercia~ purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant ta the provisions Qf 1& Part 9.04.1a.04. (e} Side Yard Setback. None, except: (1) Whera the interior side parcel line abuts a residential district, an interiar side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading ..~ ~~~ti~~ t~u~ ~~ ~~;t;~i:~ five feet to ~~ the interior side property line provided the parking or loading does not eXtend ab~ve the first floor level and provided a wall not less than five faet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interiar side yard shali not be used for access or far commercia~ purposes. {2) That needed to accommodate landscaping required for a street side yard, ~andscape buffer and screening pursuant ta tha provisions of Part 9.04.10.D4. {3) A ten-foot setback from an interior side property line shall be required for part~ans of buildings that can~ain windaws, doors, or other openings into the 17 interior of the ~uilding. An interiar side yard less than ten feet shall be permitted if provisions of th~ Unifarm Building Code related to fire-rated openings in sid~ 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 rooftap parking, except that for applicat~ans involving the demalition and replacement of an existing single purpase grocery store on a parcel whzch is not adjacent ta a residentially zoned distr~ct, with a store which has a minimum of twenty-~ive thousand square feet of floor area, anly a net new floor area addition af more than twenty-tzve thousand square feet shall be subject to Deve~opment Review. SECTION 4. Section 9.04.08.26.060 is amended to read as follows: 4.04.08.26.06o Property development standaras. Al1 property in the C6 District shall b~ developed itt accvrdance with thE followxng 18 standards: (a) MAximunt BuiZdinq Heiqht. Three stories, not to exceed forty-five feet. There shall be no limitatian on the number af stories of any hotel, detached parking structure, or structure containing at least ane floor of residential use, so lonq as th~ height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Floor Area Ra~io. The maximum floor area ratio shall be determined as follvws: FAR if at Least Thirty Parcel Peroent of Project is Squ~re Footaqe FAR Residential, or far Grocery store 0 - 7,500 2.D 2.0 7,501 - 15,OD0 1.4 2.p 15,Oa1 - 22,500 1.2 1.75 22,501 and up 1.4 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 19 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) Frant 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 xear yard equal ta: 5r + {stories x lot width) 50f The required rear yard inay be used for parking ar loading to wi.thin five feet of the rear parcel line provided the parking o~ loading does not extend above the first floor level and provided that a wall not less than five feet or mare than six feet in height is eracted and maintained along the rear commercial parcel line. Access driveways shall. be p~rmitted to cross perpendicularly the required rear yard provided the dr~veway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used far commercial purposes. 20 {2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.44. (f) 8ide Yard Setback. None, except: (1} Where the interior side parcel line abuts a residentia~ district, an interior side yard equal to: 5' + {stories x iat width) 50' The interior side yard may be used for parking or loading .... ~~~~~~ L~~.r. ~Q w i t}• i n five feet to ~~ the interior side property line provided the parking or loading does not extend above the first flaor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel ~ine. A requirad interior sida yard shall nat ba used for access or far commercial purposes. (2} That needed to accommodata landscaping required for a street side ~rard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. 21 (3) A ten-foot setback fram an interior property ~ine shall be required for portions of buildings that contain windaws, doors, or other openings into the interior of the building. An interior side yard less than ten feet sha11 be permitted if pravisians of the i]niform Buildxng Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is requixed for any developm~nt of more than thirty thousand square feet of floor area and any development with rooftop parking, except that for applications invo~ving the demQlition and r~placement of any existing single purpose gracery store an a parce~ which is not adjacent to a residentially zoned district, with a s~ore which has a minimum of twenty-~ive thausand square feet of floor area, only a net new f~oor area addition af more than thirty thousand square feet shall be subject to Development Re~iew. SECTION 5. Any provision of the Santa Manica Municipal Code or appendices thereto, inconsistent with the provisions of this 22 Ordinance, to the extent of such inconsistencies and no further, are hereby r~pealed or modified to that extent necessary to effect the provisions af this Ordinance. SECTI~N 6. If any section, subsection, sent~nce, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decisian of any court of any competent jurisdiction, such decision shall not affect the va~idity of the remaining portions of this Ordinance. The City Council hereby declares that it would have pa5sed this Ordinance, and each and every secti~n, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portian of the Ordinanee would be subsequently declared invalid or uncanstitutional. SECTION 7. The Mayor shall sign and the City Clerk shall attest ta 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 adaption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO ~QRM: ~~ ~ F ~ MARSHA JONE OUTRIE City Attorney 23