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O1819 e e CA:f: \atty\muni \ laws\mhs\cupwin. 2d City council Meeting 10-17-95 Santa Monica, California ORDINANCE NUMBER 1819 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.14.090 REGARDING DRIVE-IN, DRIVE-THROUGH, FAST FOOD AND TAKE-OUT RESTAURANTS WHEREAS, the City Council adopted a Resolution of Intention directing the Planning commission to initiate an amendment to the zoning ordinance to prohibit, after May 1, 1998, the drive-up window component of a drive-in, drive-through, fast food or take- out restaurant located adjacent to or separated by an alley from any residentially zoned property from operating between the hours of 10 p.m. and 7 a.m.; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on August 2, 1995; and WHEREAS, the City Council held a public hearing on the proposed amendment on October 10, 1995; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that Objective 1. 2 and Policy 1. 2.4 of the Land Use Element call for compatibility of adjacent land uses, with 1 e e particular concern for protecting residential neighborhoods by limiting the number, controlling the location, or otherwise mitigating the adverse impacts of adjacent commercial uses; and WHEREAS, the pUblic health, safety, and general welfare require the adoption of the proposed amendment, in that the proposed amendment balances the public need for certain goods and services with the goal of preserving the quality of life in adjacent neighborhoods; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.14.090 of the Santa Monica Municipal Code is amended to read as follows: 9.04.14.090 Drive-in, drive-through, fast-food, and take-out restaurants. The purpose of this Section is to ensure that drive-in, drive-through, fast food, and take-out restaurants do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives, and pOlicies of the General Plan. The following special conditions shall apply to drive-in, 2 e e drive-through, fast-food, and take-out restaurants: (a) Applicability. Drive-in, drive-through, fast food, or take-out restaurants may be permitted only with approval of a Conditional Use Permit. These restaurants shall comply with the property development standards of the underlying district and wi th this Section. The provisions of this Section shall apply to all new drive-in, drive-through, fast food, and take-out restaurants and to any expansion of more than ten percent of the gross floor area or increase of more than twenty-five percent of the number of seats in any such existing restaurant. Additionally, as of May 1, 1998, the hours of operation provisions of subsection (b) shall apply to the drive-up window component of any existing drive-in, drive-through, fast food or take-out restaurant located adjacent to or separated by an alley from any residentially zoned property, whether or not such existing restaurant expands floor area or increases seats, and whether or not such use has previously been granted a conditional use permit, or development review permit authorizing hours of operation which differ from those in subsection (b). (b) Hours of Operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast food, or take-out restaurant shall not open prior to 3 e e seven a.m. nor shall it remain open after ten p.m. (c) Minimum Lot size. The minimum lot size shall be ten thousand square feet. (d) Driveways. Drive-in and drive-through restaurants shall have double driveways in all instances and these driveways shall have space for at least six vehicles waiting for service. (e) Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the Parking and Traffic Engineer prior to approval of a Conditional Use Permit. (f) Refuse storage Area. A minimum of one outdoor trash receptacle shall be provided on-site adjacent to each driveway exit. At least one additional on-site outdoor trash receptacle shall be provided for every ten required parking spaces. (g) Litter. Employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of three hundred feet of the property at least once per business day. (h) Equipment. No noise generating compressors or other such equipment shall be placed on or near the property line adjoining any residential district or any property used for residential uses. 4 e e (i) Noise. Any drive up or drive through speaker system shall emit no more than fifty decibels four feet between the vehicle and the speaker and shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within thirty feet of any residential district or any property used for residential uses. SECTION 2. 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 3. 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 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. 5 e e SECTION 4. 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 30 days from its adoption. APPROVED AS TO FORM: 1~ ~: - ~~ MARSHA JONES OUTRIE city Attorne 6 e e tJ ~<~ Mayor State of CalIfornIa ) County of Los Angeles) ss CIty of Santa MOnIca ) I, Mana 1\..1 Stewart, City Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregoIng OrdInance No 1819 (CCS) had Its fIrst readIng on October 10, 1995 and had Its second reading on October 17. 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, 0' Connor, Rosenstem Noes CouncIl members None AbstaIn CouncIl members None Absent CouncIl members None ATTEST "- ~~ CIty Clerk --..... PROOF OF PUIL.ATION (2015.5 C.C. P.) STATE OF CALIFORNIA. County of Los Angeles. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of e\ghteen years, and not a parly to or interested in the above-entitled matter I am the principal clerk of the printer of the THE OUTLOOK .....~..4.~......w~................~.....,....,.,... a newspaper of general circulation, printed and published .J)...,..I....X. ~~~~.IT .~J1ff1?AX. In the City of .~:r A. ~'QNJ~^............ County of Los Angeles, and which newspaper has been adjudged a newspaper of general Circulation by the Superior Court of the County of Los Angeles, State of California. under the date of.J~N~.~~ 19 .~~., Case Number ..:J.H.n.!!.....i that the notice. of which the annexed Is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: OCT 28 ......,...........................,w...... ......... all in the year 19. .~?.. I certify (or declare) under penalty of perjury that the foregoing is true and cor rect . Dated at.. .~~~.T.~. ~~.9.~.I~.~.. ........ ....... . ~ 28 f OCT 995 ~: .~~T" thIS.....,....~.v ~..o;;'~~....... Ignature iW''Y..O' Fr.. ClIpi.. of tlUI blink form m.y be..curlel from CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House P 0 BOl( 3 1 Los Angeles. CA 90053 Telephone 625.2541 Pins. tequest G1!:l\IEltJr.1. Ptoot 01 Pull."'C.'lon wilen orlllt.", III Is form This space is for the Inty Clerk's Filing Stamp Proof of Publication of ..~.........~~,..~.~.,......,............................. . II" .. . . .. . . . . .. .. . . . . . .. . . .. . . iIII ... ... . -'SO- i'O:i52 III III .. ..... III ... . . .... . . .... . City .of Santa Momca OrdlJlance Number 1819 (CCS) (Clty.Cw.ncU Benes) AN ORDINANCE OF THE ern COUNCIL OF THE CITY OF 8AN'tA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.14.090 REGARDING DRIVE.IN, DRIVE.THROUGH, FAST FOOD AND TAKE-OUT RESTAURANTS The followmg I. a summary of Ordmance Number 1819 CCCS} prepared by the Office of the City Attorney Ordmance Number 1819 (CCS) (the ''OJ:dinance~) amends Muntci~ Code Section 90414090 to provule that 88 of May I, 1998, the dnve-up wmdow component of any eXl8ung dnve-m, dnve-thl'Ough, fut food or teke-out reetaurant C"rest&W'antn} located adJacent to Dr 8epanlted by an allty from any resuientJ.al zoned property cannot be In i .operation between the hours of 10 00 p m and 7 00 a m Thl8 proVl8lOD applies to I such restaurants whether or not the elustmg restaurant expands floor area Dr , mcreases the nUlllber of teate, and whether or not IJIl.ch a u.e hll8 been lI'anted PreVJ. 0\I81y a conmbonsl use permit or a development NYI.eW pernut authorizmg hours of operation winch differ from the proviSlDDS of th.Js OrdInance Ordinance Number 1819 (CCS) was adopted on October 17, 1995, and shall become effactive 30 days from Its &doptlOn . I, Mena M. Stewqrt, City Clerk, do hereby cerbfy that OrdmanC9 Number 1819 (CCSJ had 111 f1r8t re'lidmg on October 10, 1996, and had Its second reading on 0cto- ber 17, 1995, and W6I! paged by the folloWlnli vote Ayes Counc1l members. Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor. Raeenstem Colmcil members None Council members None CoU1lCll members None I Noes I' Ab~Uun Absent 'SlMARIA M. STEWART City Clerk Tile 5lll text. of the' ebove Ordinance 18 available _ request from the office of tbe . City Clerk, locatea at 1686 Main Street, Room 102. Saut8 Monita phone (810) 458-8211 Pub ~ber 28. 1995