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O1794 e e CA:f:\atty\muni\laws\mhs\drivup6b City Council Meeting 4-11-95 Santa Monica, Californ1a ORDINANCE NUMBER 1794 (CCS) (City council Ser1es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUIRING DRIVE-IN, DRIVE-THROUGH AND FAST FOOD RESTAURANTS LOCATED ADJACENT TO RESIDENTIALLY ZONED PROPERTIES TO OBTAIN A CONDITIONAL USE PERMIT FOR SPECIFIED DRIVE-UP WINDOW HOURS OF OPERATION ON AN INTERIM BASIS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and purpose. The City council finds and declares: (a) At its September 20, 1994 and March 14, 1995 meetlngs, 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 have been repeatedly disrupted by the noise associated with the late-night operation of the drive-up windows. (b) Some fast food restaurants located adJacent to residentially zoned properties do not have limits on the hours of operation of the drive-up windows. Since these uses have not previously received a discretionary permit from the city, the impact of late night operation of drive-up windows on neighbors in such locations has not been considered in a public hearing, nor 1 e e have appropriate conditions which might lessen such impact been enacted as a conditlon of project approval. (c) Pending the implementation of permanent changes to the Zonlng Ordinance to ensure the public health, safety, and welfare of impacted residents, it is necessary to provide a mechanism, on an 1nterim basis, which will allow the impact of late night drive- up w1ndow operations to be considered, and conditions, to be approved, if appropriate. (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 existing bus1nesses inconsistent with the standards of this interim ordinance would result in a threat to public health, safety, or welfare. SECTION 2. Prohibited Operations. Sixty (60) days from the effective date of th1s ordinance, it shall be unlawful for any drive-in, drive-through, fast food or take-out restaurant which currently does not have a valid conditional use permit or development review permit and which is located adjacent to or separated by an alley from any residentially zoned property (hereinafter "drive-through restaurant") to operate a drive-up window between the hours of 10:00 p.m. and 7:00 a.m., unless such drive-through restaurant has applied for a conditional use permit pursuant to Section 3 of this Ordinance. After the Conditional Use 2 e e Permit has been approved, approved with conditions, or denied, it shall be unlawful for any drive-through restaurant to operate its drive-up window except in accordance with such approval or denial. SECTION 3. Conditional Use Permit. The application fee for any drive-through restaurant requesting a Conditional Use Permit pursuant to the terms of this Ordinance is hereby waived. The Conditional Use Permit, if approved, may authorize the drive-up window of a drive-through restaurant to operate during specified hours between 10 p.m. and 7 a.m., if the findings contained in Santa Monica Municipal Code Section 9.04.20.12.040(a) through (j) can be made in an affirmative manner. In granting a Conditional Use Permit, the Planning Commission, or city Council on appeal, may lmpose such conditions as are necessary to insure that the authorlzed drive-up window operation is not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. Any conditional use permit granted pursuant to this Ordinance shall provide that drlve-up window operations between the hours of 10 p.m. and 7 a.m. shall cease entlrely as of May 1, 1998. Except as provlded above, the Conditional Use Permit shall be processed substantially in accordance wlth Part 9.04.20.12.010 of the Municipal Code. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is 3 e e hereby repealed or modified to that extent necessary to effectuate the provisions of this Ordinance. SECTION 5. This Ordinance shall be of no further force or effect after forty-five days from its effective date, unless extended in the manner required by law. SECTION 6. 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 jurlsdiction, such decision shall not affect the validity of the remalnlng 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. 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. 4 e e SECTION 8. 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 be effective 30 days from its adoption. APPROVED AS TO FORM: ~<L.'fA ~ MARSHA JONE()k;~E City Attorney 5 e e ;lfl ~~~ Mayor State of CalIfornIa ) County of Los Angeles ) 5S CIty of Santa Moruca ) I, Clance E Dykhouse. CIty Clerk of the City of Santa Moruca, do hereby certIfy that the foregoing Ordmance No 1794 (CCS) had Its fIrst reading on March 28, 1995 and had its second readmg on April 11, 1995 and was passed by the followmg vote Ayes CouncIlmembers Genser. Greenberg, Ebner. Rosenstem, Abdo, O'Connor, Holbrook Noes Councllmembers None Abstam. Councilmembers None Absent Councllmembers None ATTEST /- ~//~~~,f4~ CIty Clerk