O1157
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ORDINANCE NO.
1157
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CI~Y OF SANTA MONICA RELATING
TO PARKING ~EQUIRK~ENTS FOR RES-
TAURANTS AND USE PER!'UT REQUIREMENTS
FOR DRIVE-IN, DRIVE-THROUGH, TAKE-
OUT AND FAST FOOD RESTAURANTS.
WHEREAS, the City Council has received and considered
the report of the Planning Commission, and complied with
Sect~on 9149 of the Municipal Code regarding amendments to
the zoning regulations, and
WHEREAS, the current parking requirement for restaurants
which dlfferentiates between those having less than 50 seats
and 50 seats or more has resulted in problems involving
parking, congestion and traffic by reason of a proliferation
of small restaurants without adequate parking; and
WHEREAS, traff~c statistics indicate that certa~n types
of food establishments, specifically drlve-1u, drive-through,
take-out and similar fast food type operations can generate
traffic substantially greater than most other commerc~al uses
of comparable floor area, and
WHEREAS, good zoning practice, sound cOmMunity planning
and the public ~nterest would best be served by a single
park~ng standard for all restaurants regardless of size and
the control of the fast food type operations bv the Use Permit
procedure: and
WHEREAS, the oublic necessity, convenience, general welfare
and good zoning practice requ~re the proposed amendment.
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THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN:
SECTION 1. Section 9117A(5) of the Municipal Code
is amended ln full to read as follows:
(5) Drive-ln, drive-through, take-out, or fast
food restaurants, subject to the lssuance of a use permit
issued under Section 9146.
a. A drive-in or drive-through restaurant is
one in which custo~ers are served food in their vehicles
and may consume it elther on or off the premises.
b. A take-out restaurant is one ln which
customers consume the food purchased off the premises.
c. A fast food restaurant is one in whlch the
tYP1cal customers purchase and consume thelr food on the premises
within trirty Minutes.
d. A restaurant may be a combination of drive-
in, drive-through, take-out, or fast food type. If take-out
sales are incidental or occaslonal, the restaurant shall
not be considered a take-out restaurant.
SECTION 2. Section 9129F(I)B is amended by repealing
the exceptlon readlng "Restaurants having more than fifty
(50) seats of seating capacity" and substitutinq the followinq:
Restaurants: one (1) parklng space per each
available five (S) seats of seating capaclty.
SECTION 3. Section 9146A(11) of the Munlcipal Code is
added to read in full as follows:
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Drive-ln, drive-through, take-out, or fast food
restaurants may be permitted in the C-4 District.
SECTION 4. Any provision of the Santa Monica'Municipal
Code or appendices thereto lnconsistent therewlth, to the
extent of such inconsistencies and no further, are hereby
rEpealed or modified to that extent necessary to affect the
proviSlons of thlS ordlnance.
SECTION 5. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of
any competent juris~iction, such decision shall not affect
the validity of the re~ainlnq portions of the ordinance.
The City Council hereby declares that lt would have passed
this ordinance and each and every section, subsectlon,
sentence, clause or phrase not declaren invalid or un-
constitutional without regard to whether any portlon of
the ordinance would be subsequently declared invalid or
unconstltutional.
SECTION 6. The Mayor shall siqn and the City Clerk
shall attest to the passage of thlS ordinance. The City
Clerk shall cause the s~e to be publisheQ once in the offlcial
newspaper within fifteen (15) days after its adoption. The
ordinance shall become effective after thirty (30) days
frc.m its adoption.
(ffJ::; 1. TO
ht.I s. Stade
RICIt'ARD L. KNICKERBOCKER'--
City Attorney
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ADOPTED AND APPROVED THIS
13th
DAY
OF
May
1 19~O 1
:L ~frl1~
/ MAy(I
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE1
No, 11571 WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 29thDAY OF April
J 1980; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 13th DAY OF ~a~ J 1980
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Yannatta Goldway, Jennlngs, Reed,
Scott, van den Steenhoven, Bambrick
NOES:
COUNCILMEMBERS: Rhoden
ABSENT:
COUNCILMEMBERS: None
ATTEST:
A~4~..
CITY CLERK I / ~- - -