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O1870 e e CA:f:\atty\muni\laws\mhs\cupwin.3 City Council Meeting 12-17-96 Santa Monica, California ORDINANCE NUMBER 1870 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION 9.04.14.090 REGARDING DRIVE-IN, DRIVE-THROUGH, FAST FOOD, AND TAKE-OUT RESTAURANTS WHEREAS, on Oetober 22, 1996 the city Council adopted a Resolution of Intention directing the Planning Commission to ini tiate an amendment to the Zoning Ordinance to require any existing drive-in, drive-through, and take-out restaurant located adjacent to residentially zoned areas to obtain a conditional use permit to operate a drive-up window 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 November 6, 1996 and made recommendations to the city Council following the hearing; and WHEREAS, the City Council held a public hearing on the proposed amendment; and WHEREAS, the city Council finds and declares that the proposed 1 e e amendment 1S consistent in principle with the goals, objectives, policies, land uses, and programs spec1f1ed 1n the adopted General Plan, specifically Land Use Element Objective 1.2 which calls for act10ns to lIensure compatibility of adJacent land uses, with particular concern for protect1ng residential neighborhoods, I! and Land Use Element Policy 1.2.4 Wh1Ch states "limit the number or control the location or otherwise ffilt1gate the impact of commercial uses" such as "fast food establishmentsll in areas where operat1on of such use might have an adverse impact on the surrounding neighborhood, while insuring adequate opportunities for inexpensive restaurantsj and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the proposed amendment balances the need to make commercial services ava1lable to the public and the need to preserve the qual1ty of life in adjacent residential areas, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: 2 e . 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 effectuate the goals, objectives, and policies of the General Plan by ensuring 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, traff ic generation, noise, light, litter, or cumulative impact of such demands in one area. The following special conditions shall apply to drive-in, 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 under lying district and with this Section. The provisions of this section shall apply to all new drive-in, drive-through, fast food, and take-out restaurants, to any existing restaurant which has an expansion of more than ten percent of the gross floor area or 3 e . increase of more than twenty-five percent of the number of seats and, to the extent specifically provided in subsection (j), restaurants operating as of July 10, 1995. (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 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. 4 e e (g) Litter. Employees shall collect on-site and off-site litter ineluding 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. (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 wi thin thirty feet of any residential district or any property used for residential uses. (j) Applicability to restaurants operating as of July 10, 1995. Any drive-in, drive-through, fast food or take-out restaurant operating as of July 10, 1995 which is not otherwise subject to the hours of operation restrictions of subsection (b) 5 e e above (tlExisting Drive-Through") shall be subject to the following hours of operation for the drive- up window component: (1) Any Existing Drive-Through which is located adjacent to or separated by an alley from any residentially zoned property, and which does not have a valid conditional use permit or development review permit shall not operate its drive-up window between the hours of 10:00 p.m. and 7:00 a.m. unless and until a conditional use permit for such drive-up window operation is obtained. (2) Any Existing Drive-Through which is located adjacent to or separated by an alley from any residentially zoned property which has a valid conditional use permit or development review permit issued prior to July 10, 1995, which permit authorized operation of the drive-up window between the hours of 10:00 p.m. and 7:00 a.m., shall cease operating its drive-up window during those hours as of May 1, 1998 unless and until a new conditional use permit is obtained. (3) The conditional use permit required pursuant to this subsection (j) may authorize the drive-up window of an Existing Drive-Through to operate during specified hours between 10 p.m. and 7 a.m., if the findings contained in Santa Monica 6 e e Municipal Code section 9.04.20.12.040 (a) through (j) are made. In granting a condi tional 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 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 2. A conditional use permit with an effective date on or after October 22, 1996 shall be considered to have been issued in compliance with the requirements of 9.04.14.090(j) (1) as amended by section 1 of this Ordinance. SECTION 3. Ordinance Number 1868(CCS) is hereby repealed. 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 inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinanee. SECTION 5. If any section, subsection, sentence, clause, or 7 e e 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, elause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause this ordinanee, or a summary thereof to be published onee in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: (11. < <t. 0 huu .fiq MARS~;OUTRIE City Attorney 8 e e l State of CalIfornIa ) County of Los Angeles) ss CIty of Santa MOnIca ) ~ ~ - I, Mana M Stewart, City Clerk of the City of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1870 (CCS) had Its first readmg on November 26, 1996, and had its second readmg on December 17,1996 and was passed by the followmg vote Ayes Council members Ebner, Feinstem, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam Council members None Absent CouncIl members None ATTEST ~~.J~ CIty Clerk t PROO' OF PUBLICA TI& <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 printer of the .....' ..... .._r.I,I"~m;r.T1:-QmL...., ...., ....., a newspaper of general circulatIon. printed and published .l).~.IJ..X. t;~9.t:.IT .!?~.rmAX. In the City of .M>>:rA.~'mm:;^.,.......... County of Los Angeles, and which newspaper has been adludged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of}~~'. .~~ 19 .~~.. Case Number ,.j).l:l.~J.!L...: 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: DEe 28 ...................................II-to................... all in the year 19...~~ I certify (or declare) under penalty of perjury that the foregOing is true and correct Dated at... ~~~.1' "". !.i.<?~J.<<:;.~.... ...... ....... cAnia. thls...~L.. .d:Y Of.J~5~" 19 }.~. .l.L~t."'1.(.~~.lJi.l./.:}~.. . Signature LJ The Oudool~ 1920 Colorado Ave Santa MOnica, California 90404 {310} 829-6811 (1_1.... tOS IL_~._ vrut .....GeLES I~ This space is for the County Irk'S Filing Stamp Proof of Publication of .......... .......-......................................... EO UI.10l CIty of Santa Mom.. OnIu>ance Number 1870 (CCS) (CIIy Councol Sones) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION 9 04 14090 REGARDING DRIVE-IN, DRIVE- THROUGH, FAST FOOD. AND TAKE-OUT RESTAURANTS The folloWIng IS a summary of OrdInance Number 1870 (CCS) preparod by the Office of the City Attorney Ordinance Number 1870 (CCS) (the "Ordll1am:e") repeal. Ordmanoe Number 1868 (CCS) and amends Mamclpal Code Section 9 04 14090 SubIeClJOIl (a) has been unended 10 make the proVll101lI oftlus SecllOD appbcable to all1ltw drive-In, dnve-throusJl, fast food and take-OIII r~urants (hereafter "Restaurants"), any ""'lImg \l.esIauram wluch has an el<ponIlon of mOre than 10% ofthegrosslloor ores or an mer.... ofmon: than 25% of the number oileall, and, 10 tIie eKlent Specifically prOVIded m suboec:tlon (J). to Reltauram. operatll1g as of 1u1y 10, 1995 The Ordinance acldl subsecUon ill to tIus Code Secl10n as wdl Sab_n (J) re8lllates.. '-c the, hou'" of operahOn of the drwe-up WladOW component of Reltaurant. operaling... ofJV!Y.TO; ."~" 1995 Any ""'""8 Restauranl winch Illoc:ated adjacent 10 or separated by an alley &om any t::., rt1ldent.ally zoned propeny, and which doa not have valid cond,tLonal llIe Or development ",- review pmIlIllI prolubited &om operatma a dn\'6oUp WIndOW between the ~ I 0..Q<l1\.1!l,..~: and 7 00 am, ani... and anlll s COnditIOnal u"" permit for a dnve-up W11)l1o'w operallon,lI ~ ,,,,,.. bbta1ned Ar.y 0Xl1lt1lJl Restaurant wIuch IS SIIllIIBJIy located but wluch dOC. ha~ a .,&1id- Cqad.llonal u"" or development review permit Issued pnor to 1aly 10. 1995, la.requLred by the J)rd.nanc:e to cesse operaltng .\1 dnvo-ap wllldow donna the hoars of 10 Cl9 p m and 100 . m .. "fMay I, ]998. anless and anll! a new oondltio11ll1lle pemull. obtSUled'.SubJectJolT (J) ofthe Pr<l.nsnce also proVIdes that while a colllhonal u"" pernul may be Jl'anteiIll~ operate a dnve-up , WIndOW" . Restaurant, the pernut may only be Issued If It IS based on lhe Jpeafic .findllljp '" i:onwnecl,n Murnclpal Code Secllon 9 04 20 12 O4()(a) In oddJtron, dlePlarwng COllUlUniGn,. ,; or lhe CIty Councd on appeal. may attach to Its approval ofa condll1onalasc pIII'I!Iil, condrtJ!>I\$-- ~ :w~h an: necessary to U1SUte that the clr1ve-ap Wllldow operalton ,. not ~1;::" ~.~ <1. reaaonofbsfrt"IIOJSe,IlC\IVllles'ParlongorOlberS<:lionJ)tOtheswrou~... '-. "," .. ,.""". '-h: residenta ~~ Secllon 2 oflhe OrdL/lllllce provulealbal a condrttonal a"" penml'~~ ~~ d;(~Grt " 9' alIer October 22, 1996, WIll be considen:d 10 have been Issued In compliance Wllh the teqmrementJ ofSecl1on 9 04 14 0Il0(j)(1) as amended by this Ordinance " ' ~ - OnbnsnceNamber 1870 (CCS) wasodGpled on December 17, 19!16;andshalt become ., e/fect."" )0 d&ys from LtS adoption I, Mana M SlewaIt, Clly Clerk, do hereby certdY that Ordlna..... Number 1870 (CCS) had Ita IiBl roa.bng on November 26, 19%. and bad Its second readmaOlfDecember 17, 1996, ""aIld was passed by the followmg vote ~)u; , O>uncd memberl Ebner. Femstoin, Genser, Greenberg. Holbrook, O'Connor. Iloletllleul / ~ AbIlaUl Council memb.... CouncIl members Ab"",t Council member. IS; MARlA M STEWART City Clerk The fun text oflne abo"" OrdlllSf1CO " a""lsble upon requesl from the office of the CIty Clerk, located at 1685 Msm Street, Room ]02, Santa MOllica Phone (110) 458-8211 Pub Deoember 28, 1996