O1868
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CA:f:\atty\muni\laws\mhs\foodmod
city council Meeting 10-22-96 Santa Monica, California
ORDINANCE NUMBER 1868 (CCS)
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING INTERIM ORDINANCE
NO. 1806 (CCS) 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. Findinas and PurDose. The City Council finds and
deelares:
(a) At its September 20, 1994 and March 14, 1995 meetings,
the City council heard testimony from residents living adjacent to
and in the vicinity 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
residentially zoned properties do not have limits on the hours of
operation of the drive-up windows. Sinee these uses have not
previously received a discretionary permit from the city I the
impact of late night operation of drive-up windows on neighbors in
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such locations has not been considered in a public hearing, nor
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 is 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. On
June 13, 1995, the Council adopted Ordinance No. 1806 (CCS) ,
extending the provisions of Ordinance No. 1794 (CCS). These
ordinances prohibit 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 and been
granted a conditional use permit.
(d) The Council now wishes to modify the provisions of
Ordinance No. 1806 (CCS) to remove the requirement that, as of May
1, 1998, the drive-up window operation of a drive-through
restaurant cease entirely between the hours of 10 p.m. and 7 a.m.,
and to remove the provision waiving fees for the Conditional Use
Permit application authorized by the Ordinance. The remainder of
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the Ordinance will be unchanged. The result of this modification
will be that all drive-up window operations of drive-through
restaurants will still need to obtain a Conditional Use Permit if
drive-up window operations are to be conducted between 10 p.m. and
7 a.In.
(e) Concurrently with the adoption of this Interim Ordinance,
the Council is considering adoption of a Resolution of Intention,
directing the Planning Commission to initiate amendments to the
zoning Ordinance whieh would incorporate the provisions of this
Interim Ordinance into the City's Zoning Ordinance.
(f) 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
businesses inconsistent with the standards of this Interim
Ordinance would result in a threat to public health, safety, or
welfare.
SECTION 2. Prohibited Ooerations. 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.,
unless such drive-through restaurant has applied for a eonditional
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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 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 impose sueh
conditions as are necessary to insure that the authorized drive-up
window operation is not detrimental to surrounding properties or
residents by reason of lights', noise, activities, parking or other
actions. 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.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
Ordinanee, 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.
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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, 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.
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 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 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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Mayor
State of Cal1forrua )
County of Los Angeles) ss
Crty of Santa Momca )
I, Mana M Stewart, City Clerk of the City of Santa Moruca, do hereby certIfy that the foregoIng
OrdInance No 1868 (CCS) was mtroduced and adopted on October 22. 1996 and was passed
by the folloWIng vote
Ayes
Council members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstern
Noes
Council members
None
Abstarn
Council members
None
Absent
Council members
None
ATTEST
'-
~~-r~
City Clerk
-..
PROOF OF PUB_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 eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the prmter of the
....................................................
THE OUTLOOK
..........~........~.....,..........................
a newspaper of general circulation, printed
and published .J).~I.I..X.JH,~~.I?:I: .:?J.!1H?AX.
m the City of .~M.TA.~'gNJr;^............
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)~N'..~~ 19 .~~.,
Case Number .. ;n~.n.~.....; that the notice,
~f 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: '
.. . . .QCA . 7..Q. .. .. . . .. .. .. . .. . . .. . . ... .. .. .. I- .. . .. .. .. .. ... . .. ..
. ...... 1-.....
all in the year 19. 9.Q..
I certify (or declare) under penalty of
perjury that the foregoing IS true and
correct.
Dated at SANTA f\!ONICA
II I. ,.. ...... ...., '.....1111............... ....
CaMi..thlS..?L..~~Y oIJ'r"" 19 .~~.
...G0~M~~1AL..M.(:>,~..
Signature U
The Oudooli.
1920 Colorado Ave
Santa MOnica, CalifornIa 90404
(310) 829-6811
fa_f... LOS lL~.._o..-.o
~ ANGELES .~
This space is for th'~~+9l.,.V'i:~lling Stamp
"'rJH IC,- 'J( l ht
fiT if ' , COt! -
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"96 OCT 31 P 2 :33
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tlU 1U-113
City of SlUIta Monica
Ollbnlnce N\I/I\ber 186B (CCS)
(City Counal Series)
~
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AN ORDINANCE OF TIlE CITY COlJNC1l, OF tHE. . '. .' ~
CITY OF SANTA MONICA AMENDlNG~~ANtg. ,,--f 0, ~
NUMBER 1806 (CeS) REQUIRING tlR.nm-lN, ~.:.~~" ~1
AND FAST FOOD REST AURA.NTS LOCATED AD1ACeNT:":.o'-~~;::' ~"
RESlDENTIALLYZONEDPROPERTIESTOOJJfJJNAt-"- ~- .: ..
CONDITIONAL USE PERMIT FOR SPECIFIED DRlVEoQ'P WINDOW' oi
, HOt,lRSOF OPEBAnONQN ~~BASlS AND - .~
-o-~:~ ~ j1>~~T8t~~'ANEMliR.GENeY -
~ , _ _ ~ _ ,,_ , . " _ '1
The followfifs is ~ summary ofohtinailie ~b6t:-186B (CCS) prepared by ~ office or1
the Clty Anomey", ~ .' - ..~, .. -.' .~" .' - ,1
,
.'
Ordulu:Ice Nuniber 186& (<;CS) (lhe ..~ ia an IntOnm emergenJr ~dltlance -;
whICh mo~bj1ea_SQmeot:tlle provisions eontained 1R Orl\!.nanceNuinber ISO/) (CC$r The
OrdJ~_~~~l~~~fn~ - 'lafrequirement
th,iit:lf1'(liyl. ~8,-diiv!-UP.~6~~iont.u.l;' ',; must cease
entntr~ die hQuTJ of 10-01> p in tAd 7~a:m . ~ _, ,piiMsaon wlIVlng feet
'fOr the'(pnditional U~Penihf("Pennit") appllcatton ~ !b:1he-CrdinlnCe In all other
n:s._Onfili'aaGecomlllRi~.~ ";;:',;.~...~jf~ (~~ ;
~ _'. ~_t"Kr~.~~""'"'l~~"
.-. ... ~ .. -;0<-:'- -. ~ -~ ... _ _ j. ~L .:/ ~ . -~1'" ......5\ ~~ ~ 'T _ ~'l~
'The Ordmance, afteou~mir1"~;~vi~~nve-thrOush, ~fOQdor .
take-out restaurant whIc1l currently doe. /lot hav'n, , ~:;i' development revteW pel1lUt, "":
and whICh IS localed.adJ8Cent to ot' &epanlted by en alley ftom any resldenba1ly zoned property ,
(dnve.through restaurant), from operatIng a dnve-up W1IJ!low b~ HI OOp-m. aJU!.1 00 am,
unless the dnvc-through re5taurant has apphed for a PemUt as provide9lPr IlltM. Ord!nance A
Qnve.throligh restlWrant may operate Its drive-up WIIIdew only in acoOtdancewitlt 1M approval
or dclUal of the Permit . -
-;,.. - i
The--Oidman~ IS In forcune! effect until May I, 199.8
~
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- Ordallalll:lNumber 1868 (CCS) wasadoptod on.OetQDer22, 1996:and.shaU~mo "
eff~lve ,1!'II1Iec:hately - > . ~ , ~ ~ .
~: i; Mana M, Stewart, Crty Clerk. do hereby ce~ that Ordlllance. Number rlOt (CCS) ;
had ItJ fim and onty reqwred readni'g on October 22. 1996, and was-pwed by lbefeltGwma. wi
.;;
Ayei-
~ ~ .: ~ .~ __... ~ ~~__ ~.;; .: . -: L ~-t"r -= \. _ :;- - :: ~ _ ~~~
CQJmaI meDiben". _ ~_, -<3eri~~l!olbro~.
. ,O'Connor Roscnsuiin ;~ It''tF ..
~ ~ ~-~{ ~i ~.. :~ ~ :-~~ ri~! ~
C '_" ~ r ~<" "",
oUIJ.... mem""u - < -.. 'v
~ ~ ~ .. ~~~ =~.~- :- -"3i;J::-V~-=-.ff:.
eolinat~ :....,. .r
, ::,' '.:'''-3- ~~ 1
COUO~lr membm~:;:: : t '
"11:" ~ :::
- NOC9;'
~ --':;,,~;:-~- ~ ;:~~
~n' '
Absent:' '
_ ,,-i ISI~M STE~V-\Rr -
. . ..] """ok ....~
TheNUWt$oftM~e~g~~;~~.~.-
Cledt, louted at 168S Main Street,.~l(J2. ~~ica p~ (l[?t~~f.!::'::-'
Pub October 26, ] 996
'!'.-r-~-
.&
PROOF OF PUIL'ATION
(2015.5 C.C.P.)
STATE OF CAL I FORN lA,
County of Los Angel es,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested In the above-entitled matter, I
am the principal clerk of the printer of the
.................~...~..............................
THE OUTLOOK
.........................~~........,................
a newspaper of general circulation. printed
and published .:Q~X\.X .JH,~t:.J.?: .~J11H?AX.
in the City of .~M.TA.,.J$ntJ(:;^............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of.J~~:.~~ 19 .~~.,
Case Number ..;n~.n.~.....i that the notice,
~f which the annexed is a printed copy (set
In type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates
to-wit: '
.. .. . .QCI-: . 7.Q. . .. . . . ... . . . . . .. . . . ., .,. . . . .. .
.... ...... ....
all in the year 19. 9Ji..
I c~rtify (or declare) under penalty of
perlury that the foregOing is true and
correct.
Dated at
SANTA ~'ONICA
....... ....... ........... .,."..... .............
The Oudooli
1920 Colorado Ave
Santa Monica, California 90404
(310) 829-6811
l1_r... LOS ll__o.._
v.rat ANGELES .~
This space IS for the _~{(lI~~~~lling Sfamp
f~i 1 'J. Fffh
"96 OCT 31
P? .~~,
_'.Jj
'\ ,^, -'T r\ '-'.. .j - ,
u""' ~ r- I .... .. ........-
,.... .
~l.H,:...~1
EO 10-173
CIty of Santa MOnIca
Ordinance"Number 1868 (CCS)
(City CoulICIl Senes)
AN ORDINANCE OF TIlE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING JNTERJM ORDINANCE
NUMBER 1806 (CeS) REQUIRING DlU".l2..IN, DJUVE.. TIIROUGH
AND FAST FOOD RESTAURANTS LOCATED ADJACENT TO
RESIDENTIALLY ZONED PROPERTIES TO OBTAIN A
CONDmONAL USE PERMIT FOR SPECIFIED DRIVE-UP WlNDOW
HOURS OF .oPERATION ON AN INTERIM BASIS AND
- DEtLAIuN.G THE~S~CE. ~ AN ~GENCY
The foUowmJ is a JIlmnwy ofOrdIl'a~~ Number 1168 (CCS) prepared by *~ Office of
the City Auomey'
, I
Ordinance Numb<< 1868 (CCS) (the "OrdlnallC\!-) IS an Interim emergency ordinance
wlllch modifies some of the proVIsIOns contained In Ordtnance Number 1806 (CCS) The
Onl~inadifiesOrdi~ce ~ IJ06,((;C5!in two ~p~ i\~.YeS ihe requirement
tha.f)l,"9fttar 1. 1998, ~rive-uJ)..Il~dow~~iO~}lli dftve:ot~8!'. te~\ must ce~e
entirelY.ll~ the hoUR of 10 GO P.$II ud 7:00 am, ari6 it removeI"the proVISIon WaJ\1ng fees
fur the CGnditionafUse Penrlit'-{"Permtt'1.appltcation authon~ by the OrdmlllCe In all other
T -.....^-"mance~.J""'"samc vi . - '~N.-.:,O[M({..{."l\,.,
cspec1t;~lII'o~" .. __'~ .P-<<1:'I9~p-.~_ _ ;"~ !, ~,,::" ~'-"~-
The Ordinance, after JuJY 10.. 199~. ~~~~_-cln--thrOl.!gh. fast food or
tab.out restaurant which curreRt!y don not-have I vaf!l-F~IW"!)~ development reVIew penmt,
and which IS located adjacent to or separated by an alley &om.any resldClltlally zoned propel1y
(dnve-through restaurant), from operating a dnve-up wtndow betWeen 10001' m and 7 00 am,
unless the dnvc-Ihrough reslaUrant has applied for II Pertrut u prOVided for In the Ordmance A
dnve-through restaurant may operate Its dnve-up wmdow only In accordance with \he approval
or demal of the Penmt
The Ordmance 15 m foree and effect until May 1, 1998
Ordlll8JlGl: Number 1868 (CCS) was adopted on October 22, 1996, and shall become
effectIVe Jlllmedl81e1y
I, Mana M Stewart, City Clerk. do hereby certifY that Ordlnan~ Number 18681CC5)
had ItS fim and only requITed reading on Qaober 22, 1996, and was passed by the foUowmg vote
Ayes COlJIlC\I members
Noes Council members
-
Abstlln COIIncII mcmDei'.s. ,
Absent Council memberS
Abdo, Ebner; Genscr, Greenberg, Holbrocik.
O'CoMor, Rosenstein ~'-:
'.
;.. ~-<!'
r ~.!'
"
....... ... ..--
ISI MARIA M STEW -\F.r
_ ,City Cleric _. ~
Thc:M1 text of the I,bove 0t:\:liiIanee ,. ~.ftOtff'C'~~f~~t
Clerk, located al168S MaI1l Street, Room l~, San~ ~c:a, p~ (3 ~l ~~~!1'1~-:. .
Pub October 26, ]996