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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
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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:
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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
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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.
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(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)
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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
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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
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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
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State of CalIfornIa )
County of Los Angeles) ss
CIty of Santa MOnIca )
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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
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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
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O>uncd memberl Ebner. Femstoin, Genser, Greenberg. Holbrook,
O'Connor. Iloletllleul
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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