O1794
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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
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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
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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
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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.
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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
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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
/-
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CIty Clerk