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city council Meeting 4-11-95 Santa Monica, California
APR 1 1 1995
TO: Mayor and city Council
FROM: city Attorney
SUBJECT: AN ORDINANCE 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.
At lts meeting on March 28, 1995, the city council introduced for
flrst reading an ordlnance requlring drlve-in, drive-through and
fast food restaurants located adjacent to residentially zoned
propertles to obtain a conditional use permlt for speclfled drive-
up window hours of operation on an interim basis. The ordinance lS
now presented to the city Council for adoption.
RECOMMENDATION
It 15 respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
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APR f f 1995
CA:f:\atty\muni\laws\mhs\drlvup6b
City Council Meeting 4-11-95 Santa Monica, Californla
ORDINANCE NUMBER 1794 (CCS)
(city council Serles)
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
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The city Council flnds and
declares:
( a) At lts September 20, 1994 and March 14, 1995 meetings,
the Clty Council heard testimony from residents living adjacent to
and In the vlcinity of fast food restaurants wlth drlve-up windows
whose qUlet enjoyment and nighttlme rest have been repeatedly
disrupted by the nOlse associated with the late-n~ght operation of
the drive-up windows.
(b) Some fast food restaurants located adjacent to
residentlally zoned propertles do not have llIDlts on the hours of
operatlon of the drive-up windows. Slnce these uses have not
prevlously rece~ved a d~scretionary permit from the Clty, the
lmpact of late nlght operatlon of drlve-up windows on nelghbors in
such locat~ons has not been considered in a public hearlng, nor
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have appropr~ate cond~tions which might lessen such lmpact been
enacted as a condition of project approval.
( c) Pendlng the lmplementation of permanent changes to the
Zonlng Ordinance to ensure the publlC health, safety, and welfare
of impacted residents, it is necessary to provide a mechanlsm, on
an interlID basis, which will allow the impact of late nlght dr1ve-
up wlndow operations to be considered, and condltions, to be
approved, if appropriate.
( d) As set forth above, there eXlsts a current and imrnedlate
threat to the public health, safety, or welfare from the contlnued
operatlon of drlve-up wlndows adjacent to residentl.ally zoned
parcels; and the maintenance of any such operations in eXlsting
businesses lnconsistent with the standards of thlS lnterlm
ordlnance \lIQuId result in a threat to publlC health, safety, or
welfare.
SECTION 2. Prohibited Operatlons. S1.xty ( 60) days from the
effectl.ve date of this Ordinance, it shall be unlawful for any
dr1ve-ln, drl.ve-through, fast food or take-out restaurant WhlCh
currently does not have a valid conditional use permit or
development review permit and wh1.ch is located adjacent to or
separated by an alley from any reSl.dent1ally zoned property
(hereinafter "drive-through restaurant" ) to operate a drive-up
window between the hours of 10:00 p.m. and 7: 0 0 a. ill. , unless such
dr1.ve-through restaurant has applled for a condltl.Onal use permit
pursuant to section 3 of this ordinance. After the Conditlonal Use
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Permlt has been approved, approved with conditions/ or denied/ it
shall be unlawful for any drive-through restaurant to operate its
drive-up window except ln accordance with such approval or denlal.
SECTION 3. Conditional Use Permlt. The appl~cation fee for
any drive-through restaurant requesting a Conditional Use Permlt
pursuant to the terms of this Ordinance is hereby waived. The
Condit1onal 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 contal.ned in
Santa Monlca Munic~pal Code Section 9.04.20.12.040{a) through (j)
can be made in an affirmatl.ve manner. In granting a Conditional
Use Permlt, the Planning Commlssion, or city council on appeal, may
J.mpose such conditions as are necessary to insure that the
authorlzed drive-up window operation is not detrimental to
surroundlng properties or resldents by reason of lights, no~se,
actlvltles, parklng or other actlons. Any conditional use permlt
granted pursuant to this ordinance shall provlde that drlve-up
wlndow operations between the hours of 10 p.m. and 7 a.In. shall
cease entlrely as of May 1, 1998. Except as provided above, the
Condltlonal Use Permit shall be processed substantlally in
accordance wlth Part 9.04.20.12.010 of the Munlclpal Code.
SECTION 4. Any provlslon of the Santa Monlca Munlcipal Code
or appendices thereto, inconsistent with the prov~sions of thlS
Ordlnancer to the extent of such inconsistency and no further, 1S
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hereby repealed or modified to that extent necessary to effectuate
the provls1ons of this Ordinance.
SECTION 5. ThlS Ordinance shall be of no further force or
effect after forty-five days from its effective date, unless
extended in the manner required by law.
SECTION 6. If any sectlon, subsectlon, sentence, clause, or
phrase of this Ordlnance is for any reason held to be lnvalid or
unconstltutional by a dec1.sion of any court of any competent
jur~Sdl.ctlon, such deCls~on shall not affect the validity of the
remalnlng portions of this Ordinance. The C1ty Coune1l hereby
declares that it would have passed this Ord1nance, and e.ach and
every section, subsectlon, sentence, clause, or phrase not declared
l.nval1.d or unconstltutlonal without regard to whether any portion
of the ordinance would be subsequently declared lnvalid or
unconstltutional.
SECTION 7. ThlS Ordinance 1S adopted pursuant to the
provlsions of section 9.04.20.16.060 of the Santa Monica Mun1clpal
Code, and the need for lts adoption is set forth in the Flndings
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 the same to be published once in the offlclal newspaper
within 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JONE~OUTRIE
City Attorney
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Mayor
State of Cal1forrna )
County of Los Angeles ) 5S
CIty of Santa MOllica )
1. Clance E Dykhouse, CIty Clerk of the CIty of Santa MOllica. do hereby certIfy that the
foregomg Ordmance No 1794 (CCS) had Its flIst readmg on March 28. 1995 and had Its
second readmg on Apnl 11. ~995, and was passed by the foIlowmg vote.
Ayes Councllmembers GenseL Greenberg. Ebner. Rosenstem. Abdo.
O'Connor. Holbrook
Noes CouncIlmembers None
Abstamo Councllmembers None
Absent CouncIlmembers None
ATTEST
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CIty Clerk