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CA:f:\atty\muni\laws\mhs\drivup7
City Council Meeting 6-13-95
Santa Monica, California
ORDINANCE NUMBER 1806 (CCS)
(City Council Series)
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
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and
declares:
(a) At its September 20, 1994 and March 14, 1995 meetings,
the city Council heard testimony from residents living adjacent to
and in the vicinlty of fast food restaurants with drive-up windows
whose quiet enj oyment 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
resldentially zoned properties do not have limits on the hours of
operatlon of the drive-up windows. Since these uses have not
previously received a discretionary permlt 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 condition of project approval.
(c) Pending the implementation of permanent changes to the
Zoning Ordinance to ensure the pUblic health, safety, and welfare
of impacted residents, it 1S necessary to provide a mechanism, on
an interim basis, which will allow the impact of late night drive-
up window operations to be considered, and conditions, to be
approved, if appropriate. On April 11, 1995, the city Council
adopted Ordinance No. 1794 (CCS) to accomplish this objective.
Ordinance No. 1794(CCS) is due to expire on June 26, 1995 and it is
necessary to extend the provisions of this interim ordinance.
(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
parcelsi and the maintenance of any such operations in existing
businesses inconsistent with the standards of this interim
ord~nance would result in a threat to public health, safety, or
welfare.
SECTION 2. Prohibited Operations. After July 10, 1995, 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.,
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unless such drive-through restaurant has applied for a conditional
use permit pursuant to section 3 of this Ordinance. After the
Conditional Use 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., 1f the findings contained 1n
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
impose such conditions as are necessary to insure that the
authorized drive-up window operation 1S 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 drive-up
window operations between the hours of 10 p.m. and 7 a.m. shall
cease entirely as of May 1, 1998. Except as provided above, the
Conditional Use Permit shall be processed substantially in
accordance with Part 9.04.20.12.010 of the Municipal Code.
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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
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 May 1, 1998, unless extended in the manner required by
law.
SECTION 6. If any section, subsect1on, 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
jurisdiction, such decision shall not affect the validity of the
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.
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SECTION 7. This Ordinance is declared to be an urgency measure
adopted pursuant to the provisions of section 615 of the Santa
Monica City Charter and section 9.04.20.16.060 of the Santa Monica
Municipal Code. It is necessary for preserving the public health,
safety, or welfare, and the need for lts adoption is set forth in
the Findings and Purpose section above.
SECTION 8 .
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause this ordinance, or a summary thereof, to be published once in
the official newspaper within 15 days after its adoption.
This
Ordinance shall be effective upon its adoption.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
City Attorney
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