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SR-8-A (169) P~4 LUTM:PPD:LC w/mwpext COUNCIL MEETING: November 12, 1991 NO" 1 2 j:j9l Santa Monica, California TO: Mayor and city Council FROM: city staff SUBJECT: Ordinance for Introduction and First Reading Modifying the City wide Morator ium on Non-Residential and Hotel Development. INTRODUCTION This report recommends that the City Council introduce for first reading an ordinance to extend the Citywide moratorium on non-residential and hotel development for an additional three months, and modify the Ordinance to exempt above grade parking structures when calculating square footage thresholds under the provisions of the Ordinance. The extension provides the time required to use the HeM delay traffic methodology and to utilize July/August summer beach counts for use in the Master Environmental Assessment (MEA) . In addition, staff is recommending that the Ordinance be modified to accommodate the remodel and addition to an existing neighborhood grocery store. BACKGROUND On February 26, 1991, the Council adopted Ordinance Number 1570 (CCS) extending for one year the moratorium on commercial development above specific threshold levels throughout the City. - 1 - t?~A- "JO'"I ..i L,' I; w ~ I~;;rj On March 19, 1991 the city Council reviewed a one year moratorium work program with a scheduled completion date consistent with the moratorium expiration date of February 26, 1992. This one year work program includes preparing a Master Environmental Assessment (MEA), analyzing and recommending new heights and floor area ratios for commercial districts, and evaluating the environmental impacts associated with the possible rezoning of portions of the C5 and M1 districts to residential uses. The work program also includes the selection of a preferred traffic methodology and definition of a significant traffic impact. Expiration of the moratorium ordinance prior to the completion of the MEA using the HCM delay methodology and the evaluation of revised commercial heights and floor area ratios would be in conflict with previous Council direction and the goals of the moratorium work program. This moratorium ordinance will extend the application of the current interim zoning standards to May 26,1992. On September 10, 1991 the Council directed staff to modify the moratorium ordinance or otherwise present an ordinance to exempt floor area devoted to above grade parking structures in the moratorium threshold square footage calculation. In addition, the council requested staff to evaluate a floor area methodology linked to the parcel size. Such a methodology would involve an extensive analysis given the multiple zoning districts and varying floor area ratios in each district. In each zoning - 2 - district, the potential floor area, and the typical lot size would need to be analyzed to determine the appropriate floor area ratio. Since this is a temporary ordinance that will expire in May 1992, staff is recommending that the present method for calculating floor remain the same, but that above grade parking be excluded from the floor area calculation. If the council agrees with the proposed solution, the following text should be inserted into Section 3(c) of the attached ordinance: "For purposes of calculating floor area as it relates to this ordinance, above grade parking shall be exempt from the floor area calculation". The proposed modification will only affect the floor area calculation as it relates to the moratorium ordinance. Above grade parking will still count as floor area under the provisions of the Zoning ordinance. Therefore, this amendment will not permit buildings to be larger than the standards allowed in the Zoning ordinance. This amendment only exempts above grade parking in relation to the moratorium ordinance thresholds. Should the Council decide that a comprehensive analysis should be conducted to link floor area to the parcel size, staff will return at a later date with an amendment to the ordinance. The analysis would require a substantial analysis which has not been considered in the staff's current work load and, as stated above, - 3 - would only be in effect until May, 1992. In the event Council requests this analysis to be conducted, staff recommends the Council adopt the attached ordinance which addresses the moratorium extension only and staff will return at a future date with an amendment dealing with the floor area calculation. In addition to the above modification, it has come to staff's attention that a neighborhood grocery store cannot be improved due to the constraints of the moratorium ordinance. Representatives from the grocery store located at Broadway and 7th street have approached staff with plans to improve and enlarge the existing facility (see attachment 1). Under the terms of the existing moratorium ordinance, the building may not be demolished and enlarged since demolition and replacement of the existing square footage by itself would exceed the maximum permitted square footage threshold. Staff supports modifying the existing ordinance to enable the existing use to be improved thereby maintaining the use in the neighborhood. Should the Council agree that the ordinance should be changed to accommodate the proposed improvements, staff recommends that the following language be added to Section 3 of the Ordinance: (e) For applications involving the demolition and replacement of an existing single purpose, single tenant, such as neighborhood serving use, grocery stores, pharmacies and similar uses. Only the net, new floor area to be added shall be subject to the floor - 4 - area limitations contained in section 3(c) of this ordinance. Demolition and replacement of the existing floor area shall be exempt from the square footage limitations. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have a budget or fiscal impact. RECOMMENDATION It is recommended that the City Council introduce for first reading the attached ordinance with the addition of the following language: Section 3(c): "For purposes of calculating floor area as it relates to this ordinance, above grade parking shall be exempt from the floor area calculation". Section 3(e): "For applications involving the demolition and replacement of an existing single purpose, single tenant, neighborhood serving use, such as grocery stores, pharmacies, or other similar uses. Only the net new floor area to be added shall be subject to the floor area limitations contained in Section 3 (c) of this Ordinance. Demolition and replacement of the existing floor area shall be exempt from the square footage limitationsn. - 5 - Prepared By: Paul Berlant, Director of LUTM Suzanne Frick, Planning Manager Liz Casey, Associate Planner Land Use and Transportation Management Department Program and Policy Development Division Attachment 1: Letter from the Vons Companies, Inc. - 6 - ~ E-t Z r..:I ::E: :r: C) < Eo! Eo! < r.~ ;Y i...l.,,-- .. -,-. ....... .... VONS, ~._~{ .,:)~ '~_."".'I.' T ......~..:.) "\(-I''''c~ :'~'t"jC""'"1..;.: J \~ .;~ ~...x ~...~5 Compames, Inc October 16, 1991 Mr. Paul Berlant DIrector of Planmng City of Santa MOnica Santa MOnica Cuy Hall P O. Box 2200 Santa MOnica, CA 90407-2200 Re: VONS #262 710 BROADWAY (SWC BROAD\V A Y & LINCOLN) SANT A MONICA, CALIFORNIA Dear Mr BerIant As we dIscussed, The Vons CompanIes, Inc. would hke to replace the eXistmg referenced supermarket on-Site wIth a new 36,000 sq ft Vans supermarket. As you know, the referenced supermarket was formerly owned and operated by Safeway Stores, Inc. ThIS facIlIty was ongmal1y constructed by Safeway In 1956. and remodeled In 1974 The Vans Compames, Inc. acqUIred all of Safeway Store's Southern CalIfornIa supermarket operatIOns In 1988 by a corporate merger, and has been operatmg the referenced facIlIty as a Vons supermarket The eXIstmg store SIze IS 22,248 sq. ft., and IS unfortunately too small to add the specIalty and servIce departments that are consIdered "state of the art" by Industry standards wIthm the cham supermarkets operatmg wnhm Southern CalIfornia today The stOre has been under-performmg for Vans based upon our understandmg of the supermarket consumer's demand wIthm the Clty of Santa MOnica, and we are very mterested m modermnng thiS store to make It a "first-class" supermarket, to Improve the store's performance and better serve the communIty of Santa l\.lomca We understand there IS an adopted Intenm moratOnum wIthm the Cuy of Santa Momca that prohIbIts any new commercIal bUIlding projects from proceedmg forward at thIS time In addItIOn, we understand the moratonum Will allow the expansIOn of eXIstmg commercial structures, to a maXImum of 15.000 sq ft. under certam condItions. We would like to request the City of Santa MOnIca consider allowmg Vons to replace tJ,e e~lStmg supermarket \1,Jth a new 36.000 sq ft supermarket that WIll contam all of the modern amenitIes and serv'ces, to better serve the cOrlmumty of Santa 1-!omca. .....--e \. on<;. Ccrrparp;:';; l"l( .::= c. B0"1j 3 3]c ~cs ;~geies C -\ 9('C5. ~,'.;:......I:..l"!ca -1,..~........::: .lrl;;:ca C-i .:l;IJI~;- 'JjGL; . -'--ee-::t-or--€- .Sla 8~' -:)':/"l Mr. Paul Berlant CIty of Santa MOnica October 16, 1991 -~ Page 2 We have enclosed colored photos that show the eXistmg and proposed supermarkets for your mformatlOn and use We would apprecIate any support that you could provIde us m obtammg approvals to proceed WIth our proposed new store project. If I may answer any questIOns or provIde any addItIOnal mformatIon regardmg thIS proposed project, please contact me at (818) 821-7050. Very truly yours, THE ;;;;r/)':' me. ry pe~rs - Estate Representative GSP/tm 262REPL.LGP Enclosures - Photos cc. J. Stewart P Hom G. Oltmanns C. Bell w/mwpordx City council Meeting 11-12-91 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The city Council finds and declares: (a) In recent years, the pace of non-residential development in the City has accelerated dramatically, adversely affecting the capacity and quality of the city's street and highway system, the jobs/housing balance within the city, and the quality of life in the community, including environmental quality and neighborhood character. (b) In 1987, a building permit was issued for only one non-residential project totaling 1,014,546 square feet. In 1988, building permits were issued for twenty-three (23) non-residential projects totaling 2,835,940 square feet. In 1989, discretionary planning approvals were granted for 17 non-residential projects totaling 1,077,402 square feet. In 1990, discretionary planning approvals were granted for 13 non-residential projects totaling 776,987 square feet. In addition, of the 17 discretionary projects approved in 1989, nine - 1 - (9) of the projects, totaling 577,910 square feet, have not yet been issued building permits and begun construction. (c) since the non-residential development moratorium was initially adopted by the city Council in May 1989, and through November 1990, a total of 203,308 square feet of non-residential, non-discretionary development has been approved under the provisions of the moratorium ordinance. (d) Based on population and employment projections, the Environmental Impact Report on the city's Land Use and Circulation Element, adopted on October 23, 1984, projected that there would be a demand for an additional 5,800,000 square feet of non-residential development by the year 2000. As of 1989, development in the city has already exceeded the projected amount of development for the year 2000. (e) A review of recent Initial Studies and Environmental Impact Reports prepared for the City reveals that there are at least thirteen intersections in the City where the existing level of service ("LOS") falls below "Du. These reports further reveal that with the impact of approved and proposed projects within and outside the City, the future level of service of at least thirty-three (33) intersections across the City is projected to fall below LOS "0". (f) According to the City of Los Angeles, the existing capacity of the Hyperion Treatment Plant, where wastewater from the City of Santa Monica's public sewer system is treated and disposed of, is operating at or near its current full capacity, - 2 - necessitating regulation of the rate of wastewater increase handled by the city's sewer system. The urgency of the wastewater treatment and disposal problem is illustrated by the adoption or Ordinance Number 1451 (CCS) on July 26, 1988. (g) The pace of non-residential development has far outstripped the pace of residential development in the City, further increasing the imbalance between the number of jobs in the City and the availability of housing for persons employed in the City. (h) Although revisions to the Zoning Ordinance lowered heights and floor area ratios in most non-residential districts, these reductions do not control the rate, location or character of development in those areas, and do not adequately address the infra structural and environmental problems currently facing the City. (i) According to the Environmental Impact Report on the Zoning Ordinance, there is a maximum theoretical capacity of between 62,924,000 and 75,916,000 square feet for office commercial, and industrial development in the City. The maximum build-out potential needs to be re-examined as do the mechanisms for limiting and mitigating the impacts of that build-out on the city's infrastructure. (j) a threat residents. The increase in development activity in the city poses to the public health, safety and welfare of the - 3 - (k) The city's zoning, planning, subdivision, and building regulations require review as they pertain to the non-residential development activity within the City in order to ensure that development is consistent with the public health, safety and welfare. (l) Following the initiation or ordinance Number 1481 (CCS) creating a ten month and fifteen day moratorium, three public workshops were held to help familiarize and involve the public with issues to be addressed as part of a Citywide growth management strategy. In addition, three reports were released, a background report which discussed the existing condition of the City, a fiscal analysis which discussed the fiscal impact of new development on the City, and a citywide Traffic study which analyzed the operation of the city's street system. (m) Since the initiation of Ordinance Number 1512 (CCS) extending the moratorium for an additional ten months and fifteen days, a draft Growth Management strategy Implementation Plan was released which proposed a plan to control the rate, intensity, and types of uses in new commercial development projects. Fallowing two Planning Commission public hearings and one meeting for Commission discussion and deliberation, the Commission recommended that the strategy be pursued in greater depth and that a comprehensive plan to manage growth in the City, rather than a plan directed primarily at controlling the pace of commercial development, be prepared. - 4 - (n) Following the initiation of Ordinance Number 1570 (CCS) extending the moratorium for one year, a study session was held with the Planning Commission and city council to compare and evaluate traffic methodologies. On May 14, 1991, the City council directed staff to use the Highway Capacity Manual (HCM) delay approach to analyzing intersection capacities and traffic flow rates in the city for all future traffic studies. The HCM methodology requires extensive field work gathering information on queue lengths, lane widths, percentage of heavy vehicles and presence of pedestrians and/or bicyclists. For these reasons, the HCM methodology is much more labor and data intensive than the previously used Critical Movement Analysis (CMA) approach. The one year moratorium work program schedule was based upon using the CMA methodology. Using the HCM approach and incorporating July/August summer counts requires an extension of three months to the Moratorium Work Program, as aCknowledged by Council on May 14, 1991. (0) Expiration of the ordinance would pose a current and immediate threat to the public health, safety and welfare of the residents as set forth in these findings, and the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to pUblic health, safety, or welfare. - 5 - SECTION 2. Moratorium. (a) Subject to the exemptions set forth in section 3 of this Ordinance, a moratorium is hereby placed on the acceptance for processing of any applications for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other city permits for the erection, construction, moving, conversion of, and excavation and grading for, any non-residential building or structure, including any hotel or motel, in the city of Santa Monica. (b) Subject to the exemptions set forth in section 3 of this Ordinance, the Planning Commission and City staff are hereby directed to disapprove all applications filed after May 2, 1989, for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other City permits for the erection, construction, moving, conversion of, and excavation and grading for any non-residential building or structure, including any hotel or motel, in the city of Santa Monica. SECTION 3. Exemptions. The following applications are exempt from the provisions of section 2 of this ordinance: (a) Applications for approval of permits involving proposed developments of structures or uses for governmental, educational, or public recreational purposes on land owned, operated or controlled by the city of Santa Monica, Santa Monica College, the - 6 - Santa Monica School District, or the State of California and applications for approval of permits involving development on land owned, operated, or controlled by the City of Santa Monica and intended for development of 415 Pacific Coast Highway, the pier, parking for the pier, or an aquarium. (b) Applications for approval of permits for proposed developments in the Third Street Mall Specific Plan Area and in the Hospital Specific Plan Area. (c) Applications for approval of permits for proposed developments that fall at or below the fallowing square feet of floor area for the district in which the development is located: C-2 Neighborhood Commercial 7,000 C-3 Downtown 15,000 C3C Downtown Overlay 15,000 C-4 Highway Commercial 12,000 C-5 special Office 15,000 C-6 Boulevard Commercial 15,000 CM Main Street 7/000 CP Commercial ProIessional 11,000 M1 Industrial Conservation 15,000 BCD Broadway Commercial 11,000 RVC Residential-Visitor Commercial The Promenade 7/000 All other parts of the District 15,000 To the extent that a project contains both residential and non-residential components, this moratorium applies only to the - 7 - non-residential component of such project. A project that contains both residential and non-residential components may proceed with an application only if the square footage of the non-residential portion of the project falls below the threshold set forth in this subsection. The reductions in square footage made on February 26, 1991, shall apply to any project for which an application was filed on or after February 27, 1991. Cd) Applications for approval of permits involving proposed developments for which development agreement applications have been filed on or before May 2, 1989 and proposed dev~lopments for which development review applications have been filed and deemed complete on or before May 2, 1989. (i) An application shall be deemed complete for purposes of this Ordinance within fifteen (15) days for subdivision maps and parcel maps, and thirty (30) days for all other permits, after the Planning Division receives a substantially complete application together with all information, reports, drawings, plans, filing fees, and any other materials and documents required by the appropriate application forms supplied by the city. If, within the specified time period, the Planning Division fails to advise the applicant in writing that his or her application is incomplete and to specify all additional information required to complete that application, the application shall automatically be deemed complete. An application is "substantially complete" if the missing - 8 - information is supplied within two (2) working days of the City's request. (ii) If an application for approval of a proposed development has been deemed complete by the city on or before May 2, 1989, an amended application for the same project shall be deemed complete as of May 2, 1989, so long as the Planning Director determines that the changes to the project do not increase the size or substantially alter the scope of the proposed project. This Section shall not apply for purposes of deeming an application complete under the Permit streamlining Act. (e) Applications for approval of permits involving the erection, construction, enlargement, demolition, or moving of, and excavation and grading for, projects which have been granted development permits by the Planning Commission or Planning Division on or before May 2, 1989. SECTION 4. This Ordinance shall be of no further force and effect as of May 26, 1992. 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 - 9 - 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 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 become effective 30 days from the date of adoption. APPROVED AS TO FORM: ~--Jf ~ ~O ROBERT M. MYERS CITY ATTORNEY - 10 -