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SR-6-E (55) . o-~ LUTM:PB:DKW:DB/TAOO6MEM.PCWORD.PLAN Santa Monica, California Council Mtg: October 13, 1992 OCT 1 3 1:Hn I,. ,....vL- TO: Mayor and City council FROM: City staff SUBJECT: Certification of statement of Official Action for Text Amendment 92-006, C4 District INTRODUCTION This report transmits for City Council certification the statement of Official Action for the above listed Text Amendment to conditionally pernd t existing drive-in, drive-through, fast food, and take-out restaurants to remain open after 10:00 p.m. after they have been substantially remodeled or reconstructed. BUDGET/FINANCIAL IMPACT This recommendation will have no budget or financial impact. RECOMMENDATION It is respectfully recommended that the City council approve the attached Statement of Official Action which contains findings for denial of Text Amendment 92-006. Prepared by: Paul Berlant, Director of Land Use and Transportation Management Drummond Buckley, Assistant Planner Attachment: A. statement of Official Action dated 09/15/92. 6-r OCT 1 ':) 'Q(YJ v I....;l. CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: TA 92-006 LOCATION: C4 District APPLICANT: Fancher Development Services for Taco Bell, Inc. CASE PLANNER: Drummond Buckley, Assistant Planner REQUEST: To conditionally permit existing drive-in, drive-through, fast food, and take-out res- taurants to remain open after 10:00 p.m. after they have been substantially remodeled or reconstructed CEQA STATUS: Categorically Exempt per City of santa Monica Guidelines for the Implementation of CEQA, Class 3(l4) PLANNING COMMISSION ACTION 9/15/92 Date. Approved based on the following findings and subject to the conditions below. X Denied. Other. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 9/15/92 TA 92-006 FINDINGS 1. The proposed amendment is inconsistent in principle with the goals, objectives, policies, 1 and uses, and programs specified in the adopted General Plan, in that it is inconsistent with Land Use and Circulation Element - 1 - Objective 1.6, which states that the city should allow the development of regional- and community-serving commercial uses while protecting adjacent residential uses, whereas the proposed text amendment would not adequately protect residential uses adjacent to or across an alley from existing drive-in, drive-through, fast food and take out uses which are significantly remodeled or reconstructed. 2. The public health, safety, and general welfare does not require the adoption of the proposed amendment, in that the Zoning Ordinance currently allows drive-in, drive-through, fast food, and take-out facilities in the C4 District to to maintain hours of operation between 7:00 a.m. and 10:00 p.m. which are adequate for such uses. VOTE (on a motion to deny the proposed Text Amendment) Ayes: Abde, Genser, Katz, Olsen, Vazquez, Zane Nays: Holbrook Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of civil Procedure Section 1094.6, which provision has been adopted by the city pursuant to Municipal Code Section 1400. - 2 - I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the city council of the city of Santa Monica. signature date Clarice Dykehouse, city Clerk PCjtaOO6sta DKW:bz - 3 - ~ I hereby certify that this statement of Official Aotion accurate- ly reflects the tinal determination of the city Council of the city of Santa Monica. ~~~&~ /ZJ- ~6-9A.... ~naeure . ~ date Clarice Dykehouse, city Clerk PCjtaOO6sta DKW:bz - 3 -