SR-400-005-012 (3)
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Council Meetlng 05-13-80
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Santa Monica, California MAY 1 3 1980
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STAFF REPORT
TO: Mayor and Clty Council
FROM Clty Attorney
SUBJECT: Restaurant Parklng Ordlnance: Adoptlon
and appllcants' rlghts to exemption
INTRODUCTION
ThlS report transmlts for adoptlon the ordlnance
establ1shlng a slngle parklng standard for all restaurants
and requiring a conditional use permit for drive-ln,
drive-through, take-out, and fast food restaurants WhlCh
was lntroduced by unanimous vote at the Councll ~eetlng
of April 29, 1980 (Item 8B). The re?ort also suggests a
method of establlshing whether certaln persons whose
restaurant appllcations are pendlng are requlred to meet
the new standards.
ANALYSIS
The purpose and functlon of thlS ordinance has been
described In the staff report dated April 22, 1980.
It 15
ready for adoptlon.
There have been lnqulrles from restaurant aopllcants
regardlng the effective date of the ordlnance and whether
the new standards would apply to thelr proJects. We suggest
that appllcant5 "1n process" on the effectlve date of the
ordlnance request the Zonlng Ad~lnlstrator or City Attorney
to determlne whether the proJect has progressed fex enough ln
the approval process to warrant an exemptlon fron the new
standards. An appeal would be taken to the Plannlng Commlss~on.
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We would propose to make a case by case deter~lnatlon on
the basls of general falrness.
ALTER~ATIVES
If the Councll adopts the ordinance, lt may ltself
hear requests for exemntion or may have the Zoning
Ad~lnistrator do It. The Councll may also determlne to
apply a strlct standard requlrlng full compllance prlor
to the effectlve date of the ordlnance or a loose standard
such as an exemptlon for anyone whose appllcatlon was on
flle with the Clty on the effectlve date of the ordlnance.
REcmmENDAT ION
It is respectfully recommended that the Councll
adopt the ordinance and authorlze the zonlng Ad~lnlstrator
to determine which persons wlth applications pendlnq are
to be exempt fro~ the new standards.
Prepared by: Stephen S. Stark
Charles J. Post
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