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Clty Council Meeting 12-13-94
Santa Monica, California
ORDINANCE NUMBER 1783 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING HOURS OF OPERATION
FOR DRIVE-UP WINDOWS OF DRIVE-IN, DRIVE-THROUGH AND
FAST FOOD RESTAURANTS LOCATED ADJACENT TO
RESIDENTIALLY ZONED PROPERTIES ON AN INTERIM BASIS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Flndinqs and Purpose. The Clty Council finds and
declares:
(a) At its September 20, 1994 meeting,
the City Council heard testimony
from
residents living adjacent to and in the
vicinity of fast food restaurants with drive-
up windows whose quiet enJoyment and nighttime
rest has been repeatedly disrupted by the
noise associated with the late-night operation
of the drive-up windows.
(b) Although many fast food restaurants
with drive-up windows have Development Review
or Conditional Use Permits which limit the
hours of operation of the drive-up windows,
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some fast food restaurants with drive-up
windows do not have limits on the hours of
operation of the drive-up windows.
(c) Pending the implementation of
permanent changes to the Zoning Ordinance to
ensure the public health, safety, and welfare
of impacted residents, it is necessary to
limit on an interim basis the hours of
operation of drive-up windows in fast food
restaurants located adjacent to or separated
by an alley from any residentially zoned
property which do not have in place
limitations on the hours of operation of
drive-up windows.
(d) As set forth above, there exists a
current and immediate threat to the public
health, safety, or welfare, from the continued
operation of drive-up windows adjacent to
residentially zoned parcels, and the
maintenance of any such operations in existlng
businesses inconsistent with the standards of
this interim ordinance would result in a
threat to public health, safety, or welfare.
The purpose of adopting thlS interim
ordinance, the standards of which will not
take effect until June 30, 1995, is to give
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advance notice to property owners and business
owners who will be affected by the hours of
operation restriction which will adopted as a
modification of the zoning Ordinance.
SECTION 2. Except as provided in section 3 of thlS
Ordinance, after June 30, 1995 it shall be unlawful for any drive-
in, drive-through, fast food or take-out restaurant located
adjacent to or separated by an alley from any residentially zoned
property to operate a drive-up window between the hours of 10:00
p.m. and 7:00 a.m.
SECTION 3. 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 4. This Ordinance shall be of no further force or
effect forty-five days from its adoption, unless extended in the
manner required by law.
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
)urisdlction, such decision shall not affect the validity of the
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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 6. This Ordinance is adopted pursuant to the
provisions of Section 9.04.20.16.060 of the Santa Monica Municipal
Code, and the need for its adoption is set forth in the Findings
and purpose section above.
SECTION 7 .
The Mayor shall slgn 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 be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
city Attorney
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Mayor
State of California )
County of Los Angeles) ss.
City of Santa Mornca )
I, Clarice E. Dykhouse, CIty Clerk of the CIty of Santa Mornca, do hereby certIfy that the
foregOIng Ordmance No. 1783 (CCS) had its frrst readIng on November 29, 1994 and had
its second readIng on December 13, 1994 and was passed by the follOWIng vote:
Ayes. CouncIlmembers:
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes Councilmembers
None
AbstaIn: CouncIlmembers
None
Absent Councilmembers
None
ATTEST:
/L/t:J~
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CIty Clerk