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O1806 e e 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 1 e e 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., 2 e e 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. 3 e e 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. 4 e e 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: ~~~~ MARSHA JONES MOUTRIE City Attorney 5