SR-8-B (64)LUTM:PB:DKW:DB:/ba006ac.pcword.plan
Council Mtg: Septeml~er 8, 1992
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Santa Monica, Cali~orSia
TO: Mayar and City Council
FR~M: City Staff
SUBJECT: Text Amendment 92-006 to conditionally permit existing
drive-in, dri.ve-through, fast food, and take-out
restaurants to remain open after ~.O:Od p.m. after they
have been substantia].3y remodeled or recanstructed
Applicant: Fancher Develapment Services far Taco Bel~.,
Inc.
INTRODUCTI~N
This report recommends that the City Council approve a text
amendment which is a madified version a~ the amendmant
recommended for approval by tha Planning Commissian.
SACKGROUND AND PLANNING COMMISS~ON ACTION
Application Chronology
The applican~. or~.ginally applied for a Conditional Use Permit
(CUP 91-02~) an July 2, 1991, to allaw the demaZit3on of the
existing wa3.k-in Taco BeI.l at 2207 Lincoln Boulevard and the
constru.ction of a new fast food structure with drive-through
capacity. On De~ember Zl, I39~, the Planning Commission approved
CUP 91-OZ7 to per~it the demolition of the existing 1,352 square
foot, 46-seat restaurant and the construction of a 1,568 square
foat, 44-seat restaurant with dri~e-through capacity (Attachment
A) .
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At the Planning Commission public hearing far CUP 91-~27, the
applicant asked the Planning Commission to allow the proposed
drive-through to remain open until 12:04 midnight, which is two
hours later than the hours permitted for fast food/drive-thraugh
establishments pursuant to SA"II~+IC Section 9055.10(b). In response
to this request, the Planning Commission suggested that the
applicant appZy far a T~xt Amendment to SMMC Section 9055.10(b)
to al~ow for such a closing time. The applicant did so on
January 23, 1992 (TA 92-006).
Existing Cade Requirement
The applicant seeks ta amend SMMC Section 9055.10~bJ. This is a
sub-section of Subchapter 7 of the Zoning ordinance, wherein
"Special Conditions for Conditional Uses" are specified tor a
numlaer of canditianally permitted uses in addition to fast food
establishments, such as child day care centers and autamobile
repair facilities. When Subchapter 7 applies to a use which is
approved by the Planning Commission or the City Council on
appeal, the special conditions contained therein must be applied
ta the Cand~tianal Use P~~mit.
Within Subchapter 7, SNIMC Section 9055.14(b) applies specifically
to "drive-in, drive-through, fast-food, and take-out restaurants"
and is one of severai requirements which ~s intended tv ensure
that these uses "do not result in ad~erse impacts on adjacent
praperties and residents or on surr~unding neighborhoods by
reason of customer and emplayee parking demand, traffic
generation, noise, light, litter, or cumulat~ve zmpact of such
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demands in one area, cansistent with the goals, abjectivas and
policies of the Genera~ Plan."
Specifically, SMMC Section 9055.10(b) reads as follows:
(b) Ho~rs of Operatian. When located on a site adjacent
to or separated by an a11ey from any residentially zaned
property, a drive~in, drive-through, fast-food or take-aut
rastaurant shall nat open prior to 7:00 A.M. nor shall it
remain open after 10:00 P.M.
It should be noted that th~ C4 (Highway CQmmercial} District is
the only zone in which fast food/ drive-through uses are
permitted (canditionally or otherwisej, and that nearly all
parcels in that District ar~ adjacent ta or aoross the alley from
a residentiai district.
Other sub-sections af Saction 9055.10 govern the minimum lot
si~e, driveway and parking standards, refuse storage lacation,
pick-up of litter, noise-generating equipment, and placement and
type of speaker box. CUP 91-027 is subject to each of these
conditions, including the condition of closure prior by 10:00
P.M. The applicant is awar~ that if a Text Amendment is approved
by the City Council, a new CUP application must be filed in
order to am~nd CUP 91-027.
Planning Commission Decision Regarding the Text Amendment
In its review of TA 92-006 on June 3, 1992, the Planning
Commission recommended an amendment which differed from both the
applicant's request and staff's recammendation (Attachment C).
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The applicant requested language which wauld add a sentence to
the end of the current lang~age as follows:
(b) Hours of Operation. When located on a site adjacent
to or separated by an alley from any residentia].ly zoned
property, a drive--in, drive-through, fast-food or take-out
restaurant shall. nat open prior to 7:00 A.M. nor shal~ it
remain open after 10:Q0 P.M. If a drive-in,
drive-through, fast-food, ax take-out restaurant exis'ts
and has existed since the effective date of this Chapter,
the existing hours af operatian may be maintainad.
If approved, this Text Amendment would, as a matter of course,
allow conditionally-permitted drive-thraugh/fast food uscs to
maintain their legal nanconforming hours of aperation after
undergaing a substantial remodel or change iri mode ar character
of operation.
The Planning Cammission s'taf~ report far TA 92-006 recommended
language which was intended to allaw I.egal nonconforming hours
for the existing portion of the use ta be maintained after a
substantial remodel ar change in mode of operation. This
suggested language would have conditionalZy allowed the
proprietor af the Lincoln Boulevard Taco Be~l to maintain the
existing midnight closing time for the waik-in use, but wou].d
have required a 10:00 p.m. closing time for the proposed
drive-through portion of the project. (The current Taco Bell
does not have a drive-through facility.) As staff is no langer
recommending this language it is not reproduced h~re, but it may
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be reviewed in the attached PZanning Cammission staff report
(Attachment B).
The Planning Commission recammended a Text Amendment which makes
any extension of the permitted hours vf aperation a clear
discretionary actian on the part o€ the Commission or, on appeal,
the City Cauncil, as follows:
9055.~0(b) Hours of dperation. When located on a site
adjacent ta or separated by an alley from any
residentially zoned property, a drive-in,
drive-thraugh, fast food, or take-out restaurant shall
not open prior to 7:0~ a.m. nor shall it remain open
after 10:00 p.m. If a drive-in, drive-through, fast
foad, and/ar take-out restaurant was in existence an
the effective date of this Chapter and has been
cantinually in existenae sinae then, and is proposed to
be demalished, substantially remodeled ar eXpanded, trie
Planning Commission or City Council on appeal mmy
estab~ish hours of operation which extend beyoad the
abave time limitations.
In ~aking this recommendation, Cammissianers noted that their
propased language gave them mare discretion than that proposed by
the applicant and was mare clear than the language proposed by
staff. Because the Cammission's provision far the extension af
hours of operation did not hinge on retain~ng "existing" hours af
operation, their proposed amendment did not create an incentive
far fast food establishments to extend their hours vf operation
prior to filing for a Canditional Use Pez-mit in order to become
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"vested" to remain open after 10:d0 p.m. The Commission alsa
made the required Text Amendment findings that the praposed
amendment is consistent with the General Plan and is required for
the public health, safety and general wel~are of the City.
ANALYSIS
Revised Staff Recommendatian
Staf~ agrees with the applicant and the Planning Commission that
a Text Axnendment may be warranted in this case, but suggests a
version which is both more sp~cific in intention and more limited
in scope. Staff recommendat~on regarding the Text Amend~ent is
as follaws:
9055,10{b} Hours of Operation. When located on a site
adjacent to or separated by an a~~ey from any
residentia~iy zoned property, a drive-in, drive-through~
fast faad, or take-QUt restaurant shall not open prior to
7:00 a.m. nor sha11 it remain open after 10:00 p.m. If a
dri~e-in, drive-through, fast food, and/or take-aut
restaurant was in existence an the effective date of this
Chapter and has been cantinually in existenae ainae then,
ahd is proposed ta be demolished, subs~antially remodeled
or expanded, the Planning Commisaion or City Cauncil on
appeal may establish hours of aperation which extend
beyond the above time limitations for walk-in customers af
fast food and/or take-out co~ponents only, provided that
the follawing findinqs are made:
1) the hours af operation are consistent with ~he
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qaals, objecti~es, and policiss of tha General Plan;
2) the haurs of operation wou~d nat be detrimental to
the pubiia i~terest, health safety, convenience, or
general welfare;
3y the hours of aperatian ~ou1d not create adverse
impacts an nearby residential uses.
Staff believes that the proposed 3anguage addresses two issues of
cvncern which were nat addressed in pxevious versians of the
proposed amendment. First, staff's suggested language would
continue to prohibit drive-through and drive-in uses from
operating after ~0:00 p.m. As drive-through and drive-in uses
hava the greatest potential to cause noise and air pollution
which may become particularly bathersome ta neighbors in the late
evening hours, staff believes it is prudent to maintain a 1D:o0
p.m. closing time for these uses but allow walk-in uses after
~0:00 p.m. an a case-by-case basis. Secondly, the suggested
language requires that the Commission ar Council on appeal make
findings that the groposed hours are consistent with G~neral P~an
~bjectives and not detrimental to the surraunding neighborhood.
These additional findings would require both staff and the
Commission or Council to carefulZy svaluata each prapasal based
on its location and patentiaZ merits and/or problems.
General Plan Consistency
Staff believes that the amendment language proposed by the
appl.icant is inconsistent with the General Plah Land Use and
Circulatian Element (LUCE) Objective 1.6, which states that the
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City should "accommadate cammercial uses which serve regional,
community and loca~ needs while respecting the adjacent
residential neighborhoods." Hawever, the ~anguage currently
recommendad by staff would meet this objeative because it would
accommadate fast faod establishments wishing ta upgrade their
existing facilities without allowing these businesses to operata
the most potentialZy disruptive uses (ie., drive-through and
drive-in) after 10:00 p.m.
An alternative interpretation could be made that any new fast
food or take out use which remains open after 10:00 p.m. is
potentially detrimental to the adjacent residential neighborhood
and wauld therefare contradict LUCE Objective 1.6. If the City
Council makes this interpretation, the proposed Text Antendment
should be denied.
Sy allowing the Commission or Council increased flexibility for
hours of operatian at existing fast food establishments which
make improvements, staff's proposed language addresses ~he
concern of the applicant that the current SMMC Section 9~55.10(b)
effectively penalizes businesses for improving and upgrading
their existing facilities.
Conclusion
The current SMMC Section 9055.10(b) is one result of an
extensive, multi-year public process which aulminated in the City
Cauncil's adoption of the Zoning Ordinance on August 9, 1988.
Like other sections of the Zoning Ordinance, it must b~ carefulZy
evaluated before amending. The Planning Cammission and staff
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understand that the Counci~'s o~iginal 7:00 a.m. to 10:00 p.m.
limitatians on fast food/drive-through uses were int~nd~d to
limit adverse impacts an adjacent residential neighborhaods, and
staff's recommended language is intended to maintain these
protections while providing a measure of fl~xibility. Staff
concurs with the Planning Commissian and the applicant that
Sectian 9455.10{b) can be improved upon, and therefore recommends
that the City Counci~ adopt the amended text and findings
contained herein as prop~sed by staff.
P11b11C Notification
Because this proposal is not site specific (it would apply ta
multiple parcels throughout the C4 District), no radius map,
signage or mailing notification is required. A legal notice was
published in The Outlook. S~aff notified the Neighborhood
Support Center of the Counci~ hearing date on August 18, 1992.
BUDGET/FINANCIAL I~PACT
The recommendation presented in this report does nat have any
budget or fzscal impact.
RECOMMENDATION
It is respectfully recommended that the Council make tha
following fzndings and introduce far First reading the ard~nance
at~ached as Attachment D:
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FINDINGS
1. Th~ proposed amendment is consistent in principle with the
gaals, objectives, policies, land uses, and programs
specified in ~he adopted General Plan, in that it is
conszstent with Land Use and Circulatian Element abjective
1.6, which states that the City should allow the
development of regional- and community-serving commercial
uses while protecting adjacent residentia~ uses.
2. The public health, safety, and general welfare requires
the adoption of the pxoposed amendment, in that the
amendm~nt allows existing drive-in, drive-~hraugh, fast
food, and tak~-out facilities in the C4 District to
imprave their facilities without reducing their hours of
operation for walk-in custQmers of exis~ing usas, subject
to appraval by the Planning Cammission ar City CounCil on
appeal.
Prepared by: D. Kenyon Webster, Planning Manager
Drummond Buckley, Assistant Planner
Planning Division
Land Use and Transportation Management Department
ATTACHMENTS:
A. Planning Commissian Staf~ Report for CUP 91-027
{including attachments)
B. Planning Com~ission Staf~ Report for TA 92-b06
(includzng attachments)
C. Planning Gommissian Statement of Official Action
far TA 92-~4&
D. Ordinance Amending SMPdC Sectian 90~5.10(b)
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A~'AC~I£~T A
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CITY PLANNING DIVISION
Land Use and Transpor~atxan Management Departraent
M E M O R A N D U M
DATE: December 11, 1991
T0: The Honorable Planning Comn-ission
FROM: PZanning Staff
SUBJECT: CUP 91-027
Address: 2207 Linco~n B~vd.
Applicant: Fancher Development Services, Inc. far Taco
Bell, Inc.
SUMMARY
Ac~ion: Application for Conditianal Use Perm~t to demolish ex-
isting ~ast foad out~et with no drive-through capacity, and con-
struct a new drive--through fast faod restaurant. The propasal
me~~s all applicab~e development standards,
Recommendation:
Approval
Permit Stream].ining Expirat~on D~ite: February 14, Z992
SITE LOCATIOM AND DESCRIPTION
The subject property is a 12,450 sq.ft. parcel located on the
east side of Lincoln Blvd. between Pacific Street and Pearl
Street having a frontage af 79.67 feet on Pacific Street and
129.6' on Lincaln Boulevard. Surrounding uses consist of a bar/
C4 to the north, a bank/C4 ta the south, multifamily residential
buildings/R2 ta the east and a liquor store, general retai], and
motorcycle dealership/C4 to the west. Existing on-site uses in-
clude a 1,352 square foot, one-story fast food establishment.
There are several small, mature trees on tha site.
Zoning District: C4 (Highway Cammercial)
Land Use District: General Commercial
Parcel Area: 12,450 sq.ft.
PR~JECT DESCRIPTI~N
Applicant proposes to demolish an existing 1,3~2 sq.ft., 46-seat
fast foad restaurant wi.th no drive-through capacity, and can-
struc~ a one-story, ~,568 sq.ft. drive-through fast foad es-
tablishment with a total of 44 seats.
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Mt7NIC2PAL CODE AND GENERAL PLAN CON~'ORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan, as shown in Attachment A.
CEQA STATUS
The project is Categorica~ly Exempt per the City of Santa Monica
Guidelinas for the Implementation of CEQA, C~ass 3(Z4).
RENT CONTROL STATUS
No rentaZ units on-site, Rent C~ntroi C].earanc~ forac an file.
FEES
No special planning fees are applicable,
PUBLIC NOTIFICATION
Pursuant to Municipa~. Code Section 9~30.8, within 30 days after
the subject applic~tion was deemed camplete the applicant posted
a sign on the praperty stating the following information:
Project case number, brief project description, name and
telephane number of applicant, site address, date, time and
location a~ public hearing, and the Planning and Zaning
Department phone number. ~t is the applicant's responsibility to
correct the heaxing date or locatian of the hearing if it is
changed aftar posting.
In addition, pursuant ta Municipal Code Section 9131.5, notice of
the hearing was mailed to all owners and residential and comm~r--
cial tenants af property located within a 50a foot radius of the
project at least ten canse~u~ive calendar days prior to thE ini-
tial hearing. A copy of the notice is cantained ~n Attachment B.
ANALYSIS
Background
~n August 17, 1987, the Planning Commiss~on approved Development
Review 376 (DR 376), allowing Taco Be~l Carporation to remodel
the existing Taco Bell restaurant at 2207 Linco~n Bou~.evard in
order to accommodate drive-through patrons. DR 376 expired with-
out the issuance af a building permit. On March 2, 1990, the
Taco Bel.~ Corparation app~ied for a permit to demal.ish the exist-
~ng restaurant and construct a new faci].ity with drive-through
capacity. On September 3, 1990, that application was withdrawn
prior to going before the Planninq Commission.
The current applicatiart to bui].d an entirely new drive-thraugh
restaurant was deemed complete on August 14, 1991. Staff made an
error in deeming the application complete in that no approved
plans by the Parking and Traffic Division had been submitted. ~n
Oc~ober 17, 1991, staff discovered that the fi3.e contained no
Parking and Traffic approved plans and immediately notified the
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applicant that approval could n~t be recommended without an ap-
provad set of plans.
After being scheduled for Navember 6, 1991, the proposal was con-
tinued by the Planning Commission based on a request by th~ ap-
plicant. At that ti.me, a staff report was batore the Commission
which recammended denial because na approval had been obtained
fram the Parking and Traffzc Engineering Divisi~n.
The applicant has now abtained approval from the Parking and
Traffic Engineering Division for the proposal.
~he applicant has coxap3ained tQ staff that the November 6 heariag
date does nat conform to the requirements of Section 9131.4 of
the Zaning Code, which states that "a public hearing shaJ.l ]ae
scheduled before the Zaning Administrator, or Planning Commis-
sion, no later than 60 days fr~m tha date any application is
daemed complete..." in cases which do not involve separate en-
vironmental review. However, the historiCally heavy caselaad of
the P~.anning Commission has made it difficult to always conform
to this requirement. There is no penalty in the cade for non-
conformity of S~ction 9131.4. The Permit Streamlining Act Dead-
line, which allows six months ~ram the d~emed camplete date, is
nat until February 14, 1992 for this prnject.
The proposed site for development consa,sts of twa s~parate par-
cels (Assessor's ParceZ Na's. 4284004024 and 4284004025, as shown
in Attachment J). As the proposed structura bisects thesa par-
cels, staff recommends Conditian no. 40 requiring that the lots
be tied prior ta issuance of a building permit.
Existing landscaping consists of a mature 10' high bottle brush
tree at the rear of the structure, two mature 10' high dragon
trees, approxi~a~ely six mature pigmy date pa~ms 6~ in height,
several evergreen clipped hedges, several juniper shrubs, and
flowers. Condition no. 43 requires that existing matura trees be
maintained on-site or replaced with mature specimen.
Praject Design
The interior of the propased structure includes seating for 44
persons, a kitchen/food preparatian araa, two restrooms, and a
drive-through and pedestrian eounter. Typical of most new Taco
Bell d~ive-through restaurants, the de~ign of the building is
rectangular in p].an, with a~most na articulatian~ and "southwest-
ern" in style. Prior to deeming the application camplete, staff
verbally advised th~ applicant that the Architectural. Review
Board may request a significant redesign. Conditian no. 8 ad-
vises the ARB to carefully review the proposed building in terms
af style, massing and articu].a~ian.
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With approximately 1,500 square feet of landscaping, the proposal
m~ets or exceeds the fo~lowing minimum landscaping standards:
lj 10~ of vehicular paved area (7,675 s.f.) = 768 s.f. minimum
landscaping
2) 5'-wide buffer for portion adjacent to a residential district
(east side of parcel)
3) Landscaped area equal ta 1.5 times the front and side yards
abutting a public right-of~way (a tataZ of 220 s.f. re-
quiredy
4) 2'-wide buffer around parka.ng circulation area (entire sita)
In addition, the proj~ct must include a minimum of 6 trees dis-
tributed throughout the paved area (code minimum ~ one tree per
1,200 s.f. of paved area}, and one tree every 10' f'or that por-
tion of the property abutting the residential district. Although
the landscape plans do not appear ta meet these tree planting
r~quirements, this issue may be resolved by the Architectural
R2view Board (see Candition no. 41).
The proposed drive-through menu board and speaker system is la-
cated on the Pacific Street frontage~ more than 65' ~rom the ad-
jacent residentiai district, which conforras ta the cade minimum
3Q' radius from any residential district. In addition, sta~f
recommends a provision requiring that the speakar mu~t be pointed
directly toward Paci~ic Street, which will further minimize the
impact an the adjacent residential. district (see Candition no
42). The nois~ ievel af the praposed speaker systein must coinply
w~th Code Section 90~5.10(i), including the provision that it
must be inaudible from any point outside the subject property
(see Condition no. 39).
The proposed trash bin is aver 25' from the alley which separates
the site from the adjacent r~sidential district. This is an im-
pravament on the existing situation, in which the trash bin is
directly on the al~ey.
C~de Sectian 9055.10 requires that the proposed establishment may
not open prior to 7:00 a.m. nar clase after 10:00 p.m., that em-
ployees shal~ collect litter ance dai7.y within a 300 ~ radius of
the site, that no noise generat~ng compressors sha11 be located
near the adjacent residential district, and that a minimum of
four outdoor litter raceptacles be pravided. These requa.rements
are addressed in Conditions 35-38.
Azr Quality
B~cause drive-through establishmen~s require drivers to idle
their vehicles while waiting ~or service, the ~mpact on air
quality is greater than that caused by walk-in establishments.
The air quality impact of drive-~.hroughs will be discussed in the
proposed Air Quali~y E~ament of the Santa Monica Genera]. Plan,
which is scheduled to begin the public review process by the
beginning vf 1992. The Draft Final Air Quality Management P].an
(AQMP) of the South Coast Air Qua~ity Management District
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{SCAQMD) does not specifically address drive-thraugh establish-
ments. However, AQMP Measure M-G-7 proposes that lacaZ gavern-
ments and the SCAQMD "Eliminate Excessive Curb Idling" by 1994.
Specif~cally, Measure M-G-7 states that "the District would adopt
and enforca the three-minute idling limit as a transportation
control measure. Local governments would share in the ~nforce-
ment of this measure," (Attachment H.)
The intention af AQMP Measure M-G-7 is clearly to reduce the
emissions from idling vehic~~s. According to SCAQMD staff, an
private property the burden wou7.d be on the property owner or
business establ~shment to ensure that no idling over three mi-
nutes occurs. This cou].d be problematic to implement and enforce
because it is impossible far drivers to know at any givan time
exactly how long the wait may be within a drive-through lane, and
therefore staff does no~ recommend this as a conditian.
Parking and Circulation
The proposad plan includes double driveways at Lincoln Soulevard
and LincoZn Place, Both of the praposed entranc~s a~low ingress
and egress to the site. The proposed drive-thraugh lane i.s ~o-
cated within the northern half of the parcel ahd includes the
minimum 6-car stacking area required by Section 9055.10(d). A
doub~e driveway leads to ~he drzve-through lane, as required by
Code Section 90~5.10(d).
The parking and ca.rculation pZan has been approved by the Parking
and Traffic Engineering Division.
Crime
In r~sponse to the notice of the November 6 public hearing, staff
received several letters fram neighborhood residents who are con-
cerned about crime at the site, and about the responsiveness of
Taco Bell management to the neighborhood impacts of its fast food
establishment. (Attachment I.)
P1ar~ning staff requested that the Police Department re,uiew the
criminal activity at the site and, zf appropriate, suggest any
conditians that may reduce poten~ial criminal activity. Captain
Roy McGinnis responded with a letter stating that the management
at Taco Bell does "a gaad job of keeping the criminaZ element
from using the establishment as a place o€ business" and that the
addition of a drive-through 3ane wouZd have "no n~ticeabZe im-
pact" on crime in the area. Capt. MeGinnis had no suggestions to
improv~ security at the site.
Staff recommends that the Commission adopt a condi.tion which re-
quires that the restroom b~ operated by t~kens on~y and accessi-
ble from the inside only. This may alleviate some of the neigh-
borhood concerns about criminal activity inside the current rest-
rooms, which are accessible from autside on~y and which take
tokens flr ca~ns for entry. (Condition 44.)
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Neighborhood Compatibil.ity
The proposed use is located along a commerciaZ strip of Lincoln
Boulevard between the santa Monica Freeway and the City limits
which contains many fast food establishm~nts, including McDonalds
{drive-~.hrough), Jack-in-the-Box {drive-through}, K~ntucky Fried
Chicken (drive-through), California Chicken Burger (walk-in onlyy
and ~l Pollo Loco ~wa~k-in only). Twa of these establishments,
california Chicken Burger and Jack-in-the-Box, are wzthin a 500'
radius of the subject site. Anather fast food establishment on
Lincoln Boulevard, Pioneer Chicken, recent~y went out of busi-
nass. AZthough it may appear that an additional drive-through
may constitute an overcancentration of uses, the existing "high-
way commercial" character of Lincoln Bou3.evard is appropriate for
fast food/drive-through establishments, and the code sets no
criteria for an overconcentration.
The adjacent residential district is separated from the subject
parcel by a 20'-wide a~.ley. On the residantial side of the aliey
is a one-story multifamily building with a 3'-10' setback and 16
windows facing the a.Iley. In additi.on ta the 5'4" wall proposed
by Taco BE~1 alang most of the a~.ley, and the req~ired trees and
buf~er landscaping along the east side of the parcei, the alley
itself would serve as an important buffer between the proposed
use and the residential district. Howe~er, the propased drive-
through will result in more idling vehicles and probably more
noise than is currently generated by the existing walk-in only
restaurant.
The maximum haurs of operata.on of the proposed use, 7:00 A.M.-
10:00 P.M., wi11 be less than th~ existing haurs of 6:04 A.M. to
Midnight, which will SDYI-~WYldt mitigate the more intensive driv'e-
through use.
In terms of building densa.ty, the proposed use will have a mini-
ma~. impact on the neighbarhaod. Hy right, a 2-story cammercial
project of up to 12,450 square f~et, with an F.A.R. o~ 1.0, would
be perFnitted an this site, instead of the praposed one-stary,
1~550 square faat project with an F.A.R. of .125.
Conclusion
Because the propasai conforms ta code requirements, staff recom-
mends approval, subject t~ the findings and canditions contained
herein.
RECOMT~IENDATION
It is recommended that the Plann~ng Commission apprave CUP 91-027
subject to the f~ndings and condztions cantained herein,
CONDITIDNAL USE PERMIT FINDINGS
l. The praposed use is one conditionally permitted within the
subject district and camplies with all of the applicable
provisions of the "City of Santa Monica Camprehensive Land
~ ~ _ ~ _ y ' ~
~
~
Us~ and Zaning Ordinance", in that SNIl~IC Section 9020.4
permits "drive-in, drive-through, take-out, and fast food
xestaurants" w~th a Conditional Use Perntit.
2. The praposed use would not impair the integrity and
character of the district in which it is to be established
or Iacated, in that it is a conditiona~ly permitted use in
the C4 District.
3. The subject parcel is physically suitable ~or the type af
land use baing prapased, in that it m~ets the minimum
10,000 s.f. requirement established lay Section 9055.I.0(c)
and is af sufficiently level grade to accommodate the pro-
posed use.
4. The proposed use is compatible with any of the Zand uses
presently on the subject parcel if the present land ~ses
are to remain, in that the present structure is na~ to
remain, although the existing fast-food use is to be main-
tained with the addition of drive-through service.
5. The proposed use wauld be campatib].e with existing and
permissible land uses within the district and the general
area in which the proposed use is ta be located, in that
it would be Iocated in the C4 (Highway Cammercial} Dis-
trict, and m~et code requirements for buffering from the
adjacent residential district.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the subject site is ].ocated in an urbanized area
with adequate access to existing inf~astructure.
7. Publzc access to the pzoposed use wi11 be adequate, in
that the subject site is ad~acent to two streets and an
aliey.
8. Tha physica~ lacation ar placement of the use on the site
is campatible with and relates harmoniously to the sur-
rounding neighborhood, in that it is a conditional~y per-
mitted use in the C4 District and complies to alI relevant
landscaping and buftering standards for the proposed use
when it is adjacent t~ a residantial aone.
9. The proposed use is consistent with the goa~s, objectives,
and policies of the General Plan, in that the General Plan
allows restaurants in commercial districts.
l0. The proposed use would not be detrimental to the public
interest, health, safety, can~enience, ar general welfare,
in that ~t i.s a canditionally permitted use in the C4
District.
11. The proposed use conforms precisely ta the applicab~e per-
formance standards contained in Subchapter 6, 5ection 9050
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and special conditions outlinad in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoninq Drdinance, in that the relevant conditions re-
quired under Section 9155.~0 are included as CUP condi-
tions 35-39.
12. The proposed use will not result in an overconcentration
af such uses in the i~nmediate vicinity, in that i.t is lo-
cated along a heavily trav~led commercia]. arteriaZ and i~
a conditionally p~rntitted use in the C4 District.
C~NDITIONS
Plans
l. This approval is for those plans dated 8/12/91, a capy af
which sha11. be maintained in the files of the City Plan-
ning Division. Project development shall be consistent
with such plans, except as otherwise specified in these
conditions of approval.
2. The PZans shall camply with all other pro~isions of Chap-
ter 1, Art~cle IX of the Municipal Code, (Zoning Or-
dinance) and all othar pertinant ordinances and Genaral
Plan policies of the City of 5anta Monica.
3. Final parki.ng ].ot layout and specifications shall be sub-
ject to the review and appraval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans sha11 be subject to approval
by the Director o~ Planning. A significant change a.n the
appraved cancept shall be subject to P].anning Commission
Review. Construction shall be in conformance with the
plans submitted ar as modified by the Planni.ng Commission,
Architectural Review Baard or Director of Planning.
Architectural Review Board
5. Prior to consideration of the prnject by the Architectural
Revisw Board, the app~icant sha11 review disabled access
requirements with the Bui~ding and Safety Divisian and
~nake any necessary changes in the project design to
achieve compliance with such requir~ments. The Architec-
tural Review Board, in its review, ahall pay particular
attention to the aesth~tic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
6. Construction period signage shall be subject to the
approval of the Archi.tectural Review Board.
7. Plans for final design, iandscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
praval by the ArchitecturaZ Review Board.
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8. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping. The ARB is strongly
advised to consider changes in the proposed building's
architectural style, massing and articulation such that
the proposed structur~ will be an aesthetic improvement
from the existing structure.
9. Landscapinq plans shall comply with Subchapter 5B
(Landscaping Standards) Qf the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
10. Refuse areas, storage areas and machana.cal equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a size adeqe~ate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention ta the
screening of such areas and equipment, Any rooftop
mechanical equipment shall be mini~ized in height and
area, and shall be located in such a way as ta minimize
noise and visua~ impacts ta surrounding praperties, Un-
less atherwise approved by the Architectural Review Board,
rooftop mechanical equipment sha~l be located at least
five feet from the edge of the roof. Except far so~.ar hot
water heaters, no residential water heaters shall be lo-
cated an the rvof.
Faes
11. The City is c~ntemplating the adaption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigatian requirements, including one-time
payment of fees on certain types of new deve~opment, and
annual fees ta be paid by certain types af employers in
the City. This ordinance may require that the owner of
the proposed project pay such new development fees, and
that employers, where applicab~e, within the project pay
such new annual employer fees related to the City's
Transpartation Management Plan. Development app~icatians
shall nat b~ subject to the patential new development fee
i~ no ordinance implementing such fees has been adopted
prior to issuance of a building permit far the project.
Demali.tian
12. Until such time as the demolition is undertaken, and un-
less ths struc'~ure is currently in use, the existing
structure shall be maintair~ed and secured by baarding up
alI openings, erecting a security fence, and removing all
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debris, }aushes and p~anting that inhibit the easy surveil-
lance of the property to the satisfaction af the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall b~ watered and maintained
until damolition occurs.
13. Un~ess otherwise appraved by the Recreation and Parks De-
partment and the Planning Division, at the time af demoli-
tion, any street trees sha~.l be protected fram damage,
death~ ar removal per the require~nents of Ordinance 1242
(CCSy.
14. Immediately after demolition (and during constructian), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
araund the perimeter af the lot. The lot shall be kept
clear ~f all trash, weeds, etc.
15. Prior to issuance of a demo~ition permit, applicant shall
prapare for Building Division approval a rodent and pest
control plan to ensure that de~nolitian and construction
activities at the site do n~t areate past cantrol impacts
on the prQject neighbarhood.
~6. Na demolition of buildings or structures built prior to
193o shall be permitted until the end of a 3~-day review
periad by the Landmarks Commission to determine whether an
application for landmark designata.on shall be fi~ed. If
an application for landmark designation is filed, no de-
malitian shall be approved for 90 days fram receipt of a
complete appiication for demolition, or upan the deter-
mination by the Landmarks CommissiQn that the application
for landmark designation does not merit forma~ consider-
ation, whichever is sooner.
Construction
17. Unless atherw~.se approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the pro~ect.
18. Sidewalks, curbs, gutters, paving and driveways which need
repZacing or removal as a result of the praject as deter-
mined by the Department of General Services sha~l be re-
constructed to the sata.sfact~.an af the Department of
General Services. Appraval for this work shal~ lae ob-
tained from the Department of General Services prior to
issuance of the building pe~nits.
19. Veh~cles hauling dirt ar other constructa.on debris from
the site shall cover any open Iflad with a tarpaulin or
other secure covering to minimize dust emissians.
20. Street trees shall be maintained, relocated or provided as
required in a manner consistent wzth the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
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of Recreation and Parks and the Department af Genera~ Ser-
vices. No street tree sha11 be removed without the ap-
proval of the Department of Recreatian and Parks.
21. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. The ap-
pr~ved mitigatian plan shall be pasted on the canstruction
site for the duratian of the project constrexction and
shall be produced upon request. As applicable, this plan
shaZl 1) Specify the names, addrasses, teZephone numbers
and busi.ness Iicense numbexs of al]. contractors and sub-
contractors as well as the developer and architect; 2)
Describe how demolition af any existing structures is to
be accomplished; 3) Indicate where any cranes are ta be
Zocated for erection/construction; 4) Describe how much
of the public street, alleyway, or sidewalk is proposed to
be usad in conjunction with constructian; 5) Set forth
the extent and nature of any pile-drzving vperations; 6)
Describe the length and number of any tiebacks which must
extend undar the property of ather persons; 7) Specify
the nature and extent af any dewatering and its effect on
any adjacent buildings; 8) Describe anticipated contruc-
tion-related truck routes, number of truck trips, hours of
hauling and parking locatian; 9) Specify the naturE and
extent of any helicopter hauling; 10) State whether any
construction activity beyond normally permitted hours is
propflsed; 11} Describe any proposad constructian noise
mitigation measures; 12) Dascribe construction-period
security measures inc~uding any fenc~ng, lighting, and
security personnel; 1.3) Provide a drainage plan; 14)
Provide a construction-periad parking plan which shall
minimize use of pub~ic streets for parking; 15) List a
designated on-site canstruction manager.
22. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the awner and/or
applicant for the purposes af responding to questians and
complaints durinq the construction period. Said sign
sha11 also indicate the haurs of pe~missible canstructian
work.
23. A capy af these conditions shaJ.2 be posted in an easily
visible and accessib3.e laca~ion at all times during con-
struction at the projact site. The pages shal7. be lami-
nated or otherwise protected to ensure durability of the
capy.
Environmental Mitigation
24. U~tra-low flow plumbing fixtures are required on all new
develapment and remodeling where plumbing is to be added.
(Maximum 1.6 gallon tail~~s and ~.0 gal~on urinals and ~.aw
flow shower head.} Automatic sh~toft faucets shall be
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installed on a].1 sinks unless otherw3se approved by the
General Services Department.
25. To mitigate solid waste impacts, priar to issuance af a
Certificate af Occupancy, pro~ect awner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list of
materiais such as white paper, computer paper, metal cans,
and glass to be recycled; 2) lacation of recycling bins;
3) designated recycling coordinator; 4} nature and extent
of internal and external pick-up service; 5) pick-up
schedule; 6) plan to inform tenants/occ~pants of service.
26. To mitigate circulation impacts, prior ta issuance of a
Certificate of ~ccupancy, project owner shall submit a
transpartatian demand management plan ta the Divisian of
Parking and Traffic Engineering for its approval, This
plan shall include: 1) Name, address and telephona number
of designatad person(s} responsible for coordinating
transpar~atian demand management measures at the deve].op-
ment. 2} Demand management measu~es to be employed at the
site to reduce circulatian impacts which wauld otherwise
accur. Such m~asures may include, but are nat lix~ited to
programs addressing: A. Education and Marketing to alert
employees and visitors to the site to demand reduction
program~ and incentives; B. Parking Management such as
parking charges for single-~acupant vehicles, reduced
rates for car and vanpools; C. Ridesharing programs such
as a rideshare matching pragram, incentives, and car and
vanpool 5Li~751C11~S ~ D. Transit programs such as provision
of bus schedules to employees and visitors, subsidized bus
takens and passes to employees and visitors; E. Bicycling
pragrams such as provision af secure bicycle st4rage
facilities, provisian of showers and ~.ockers; F. Alterna-
tive Work Schedules far building employess to avaid peak
AM and PM traffic hours and reduce overall trips; G. Trip
Length Reduction by programs to increase praportion of
emplayees r~siding within three mi~es of the project site.
The g~al of the Transportation Demand Management Plan
sha11 be to reduae vehicle trips which would otherwise
occur by twenty percant.
M~scellan~aus Canditions
27. The building address shall be painted an the r~of of the
buiZding and shall measure four feet by eight feet (32
square ~eet}.
28. The aperatian sha11 at aIl times be candt~cted in a manner
not detrimental to surrounding properties or residents by
reason of ].a.ghts, noise, activities, parking ar other
actions.
29. If any archaeolagical ramains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
- 12 - UJ~ ~-~
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contacted ta conduct a survey of the aPfected area at
project's owner's expense. A determinatian sha~l then be
made by the Directvr of P~.anning ta determine the sig-
nificance af the survey findings and appropriate actions
and requirements, if any, to address such findings.
30. Street and/or alley lighting shall be provided on public
rights--of-way adjacent to the project if and as needed per
the specifications and with the approva~ of the Depart~nent
of General Services.
31. Any new restaurant at the site with ~ewex than 5o seats
capacity shall install a grease interceptor with minimum
750 gallons static hoJ.ding capacity in order to pretreat
sewered grease. Facil~t~es with qreater than 50 seats are
required to instal~ an interceptor with 10~0 gallons mini-
mum halding capacity. The General Services Department may
modify the abave requirements only for gaod cause.
Spec~ficalZy, the facility must demanstrate ta the satis-
faction of the Industria]. Waste Section and Bui~ding and
Safety Division that interceptor instaxlation is nat
feasible at the site in question. In such cases where
modifications are granted, grease traps will be required
in the place of an interceptor. Building Permit plans
shall shaw the required instal~ation.
Validi~y of Permits
32. In the event permittee violates or fails to camply with
any canditions of approval o~ this permit, no further per-
mits, licenses, approvaZs or certificates af occupancy
shall be issuad un~.il such violation has been fully
remedied.
33. Within ten days af Planning Division transmittal of ~he
Statement of Officia~. Action, project applicant shall
sign and return a copy of the Statezrtent of Official Action
prepared by the Planning Div~.sion, agreeing to the Condi--
tions ot appraval and acknawledging that failure to coznply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
graunds fo~ potential perm~.t revocation.
34. This determinatian sha~l, not become effecti~e for a period
o~ fourteen days from the date of determination or, if
appealed, until a final dete~mination is made on the ap-
peal. Any appeal must be made in the fo~n required by the
Zoning Administrator, The approva3. af this permit sha11
expire one yea~ fram the permit's effective date, unless,
in the case af new development, a building permit has been
abtained, ~r in the case of a change of use, a business
license has been iasued and the use is in operation prior
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to the permit expiration date. One three-month extension
of the one year period may be permitted if approved by the
Director af P~anning. Appli.cant is fln ~otice that exten-
sions may not be granted if development standards relevant
to the project have changed since project approval.
Special Cor~ditions
35. The praposed business sha11 not open prior to 7:00 A.M.
nor close after 10:00 P.M.
35. A minimum af one outdoor trash receptacle shall be pro-
vided on-site adjacent to each driveway exit. At least
two additiona~ on-site autdoor trash receptacles shall
also be provided.
37. Employees shall collect an-site and off-site litter in-
cluding food wrappers, containers, and packaging fram res-
taurant produats generated by customers within a radius of
300 feet of the property at Ieast once per business day.
38. Na noise generating compressors ar other such equipment
shall be placed on or near the property line adjoining any
residen~ial district ar any praperty used far resid~ntial
uses.
39. Any drive up or drive through speaker system shall emit no
more than 50 decibels four feet between the vehicle and
the speaker and shaZl not be audible above daytime ambient
noise levels beyond the property boundaries. The system
shall be designed to compensate far ambient noise leveZs
in the immediate area and sha11 not be located within 30
feet af any residential di.strict or any property used far
residential uses.
40. Prior to issuance of a building permit, the applicant
shali record a lot tie creating ane parcel ~ut of the twa
existing parcels (APN 4284-004-024/025y at the subject
site.
41. The Architectural Reva.ew Board shaZl ensure that all. land-
scaping requirements are met, including all reqtiirements
of Section 9041.8, "Landscape Screening and Bu~fering of
Commercial, Industrial and Parking Uses."
42. The speaker for the drive-through menu board shall. be
aligned perpendicularly taward Pacific Street.
43. Existing mature trees shall be maintained on-site or re-
plac~d with inature speciinen.
44. Public restroo~s shall be accessible from the interior
seating area only by tokens provided from the proprietor
of the establishment.
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Prepared by: Drummond Buckley, Assistant Planner
Attachments:
A. Municipal Cade and General Plan Conformance
B. Notice af Public Hearing
C. Radius and L~cation Map
D. Photographs of Sit~ and Surrounding Properties
E. Plat Plan, FIQor Plans and Elevations
F. Applicant Findings Sheet
G. Correspandence
H. SCAQMD Proposed Regulations
2. Police Department Respanse
J. Assessors' Parcel Map Showing Existing Parcel Boundaries
DB:buk
PC/acup3127
12/03/91
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ATTACHMENT A
MUNECIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Element Municipal Cade Pra~ect
Permitted Use Com'1 Drive Through Drive Through
Moratorium Status N/A 15,0~0 s.f. max 1,5b8 s.f.
Height of Building 30' 30' maximum 17.3'
Number of Stories 2 2 1
Height of Walls,
F~nc2s N/A Not to exceed 6' S'4" at Lincoln
8' at pub- Place
1 ic r-o--w
Se~backs
Frontyard N/A None, except aver 13'
landscaping req.
Sideyard N/A 10' at windows/ Over 12'
doors
6.78' abutting Over 60'
res. district
Landscaping req.
Rearyard N/A None Over 57'
Pro~ections Into
Yards N/A Per Sac. 9040.18 None
F.A.R. 1 1.0 .125
Alley dedicatian N/A None required if Standard alley
standard-width width existing
aliey exists
Parking Space Numb ar N/A 1 space/75 s.f. 21
1568/75=20.9
Campact Parking ~ N/A 40~ 38~ (8 spaces)
Laading Spaces N/A None if under 3,000 sf. None
Trash Area N/A Trash enclosure Trash enclosure
with minzmum 5-S' shown, wal~ height
solid wails and shall comply
gate is required.
~ ~
-- 16 - 4' -.. . - -
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Mechanical Equip. N/A
Screening
Parking Area Screen N/A
Parking Area Land-
scaping
Frontyard
Landscaping
Sideyard
Landscapinq
N/A
~
Mechanica~ equip- None shown; shall
ment extending more comply
than 12" above roof
parapet shall be
fully screened fram
a harizontal plane.
M~n. 2'wide land- 2'6" min iand-
scaped strip scaped strip
Min 1.0~ of paved Approx 1,500 s.f.
area
.ia x ~,s~5 =
767.5 s.f. min
N/A Area ~.5 X width ~ver 200 s.f.
1.5 X 80= 120 s.f.
min.
N/A Area ~.5 X length on Over 5b0 s.f.
Lincoln Blvd. side
1.5 X ~29.5=193.5 s.f.
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'^; ~,~(' `I~-"Z-f
OFFICIAL NOTICE OF PUBLIC HEARING
n
subjeot of Hearing: Conditional Use Permit 91-427 .'~°2207
Lincoln Blvd., G4 District Applicant:
Fancher Development/Taco Bell, Inc.
A Pub].ic Hearing wil~ be held by the Pl.anning Commissian on
the fall.owing request:
Application for a Conditional Use Permit to permit the
demo~ition of an existing ~.,352 square foot fast food
restaurant with walk-in service only. and the construction
of a 1,568 square foot, 1-story fast foad restaezrant with
drive-through capacity. {Planner: Buckley)
TIME: WEDNE3DAY, NOVEMBER 5, 1991 AT 7:30 P.M.
L~CATION: COIINCIL CHAMBER, ROOM 213, CITY HALL, 1685 MAIN
STREET, SANTA MONICA, CALIFORNIA
The Gity of Santa Monica encourages public comments.
Inter~sted persons may comment at the hearing, or by writing
a letter.
Letters should be addressed to:
Planning Division, Room 113
1685 Main Straet
Santa Monica, California 90401
Attnc D. Buckley
Information on any applicatian may be obtained from the
Pl.anning Di~ision at the address abo~e or by calling (213)
458-8341.
Tha meeting facility is handicapped access~ble. If yo~ have
any special needs such as sign language interpreting, please
contact the Office of the Disabled at 458-8701.
Pursuant to Califarnia Government Code Sect'_on 6~009~b), if
this matter is subsequently cha~.lenged ~n Court, the
challenge may be limited ta anly those issues raised at the
Pu~lic Hearing described in this notice, ar in written
correspondence delivered to the City of Santa MoniCa at, or
prior ta, the Public Hearing.
Esto es una noticia de una audencia publica para revisar
applicaciones proponienda desarrollo en Santa Monica. Si
deseas mas informacion, favar de 1lamar a Elsa Gonzaiez en
la Division de Plantificacion al numero (2Z3) 458-834~.
n
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PCWORD/acup27pn
APPROVED AS TO FQRM:
D. I€ENYON WEBSTER
Principal Planner
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LEGAL DESCFi1PTlON ~ots 125-127, °`ract *]o. 55I2 ~~~
STREET ADORESS 2207 Lincoln B'vd„ Santa ~'onica ~~
APPL1CAhff Fanc~er Developr~ert _
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P~OP05ED TACO BELL
2207 Lincodn Blvd., Sarita Monica, CA
FINDINGS
a) Per Section 9020.4 of the G4 zone, the proposed drive-thru fast food restaurant is
condi~tionally permitted.
h} The p~oposed use will nat irnpair the integrity and eharacter of the district in which it
is Ivcated because the dastrict is designed for service commercial services.
c) The proposed Taco Beld is a service to the communiiy, the subject parcel is designated
fnr service commerciad uses.
cl} The proposed drive thru restaurant is a Taco Bell, a Taca Bell presently exists on the
parcel.
e) The praposed use is cornpatihle with existing uses in the district, it serves the
commuraity a~ad respects the adjacent residentir~l neighbors.
,~ The existing provi~ions for water, sanitation und public utiliiy services are adequate in
that the proposed use will not ch~nge from the existing one.
g} Access exists on Lincaln Blvd. as well as Lincoln Place (alleyJ, which is adequate for
the proposed use.
h~ 1'lze placement of the restauran~ is such that landscape will surround the e~ctire site.
i) The prnposed use is consistent with the C-4 districf and is therefore consistent with the
General Plan.
j) The proposed use is not detrimental to the pubtic, in fact it provides a quick,
ecanomical meal whale providing jobs and income in the of Santa Monica.
k) T7te proposed use will conforrrt to Subchapter 6, Section 9050 and Suhchapter 7,
Sec#on 9055.
t) The proposed use is a Taco Bell, there are no other, fast food drive-thru fucilities in the
immedia~e vicinity.
r ~ r
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~1T BY L G& P :~1- fi-~i • 3#8Phi . r G~~~ ~1~39~~~6~.r 1' 2
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Gregat4- J, Annic~i - ~~ f qt -~ 2`I
~31 Pscait'[e St~+eet, L'nit 5
~anta b~olric~s, ~A 9~iQ~ : r,: _~, . ~ • -
: i- _ . ;~ ~ .~ ~
Vig Fac;imile: (310~ 394~~
P~anning D~~sion
~685 N~ain Str~et
~~t~ Mani~:a, CA 9~401
Attn: D, Bucki~y
Dear P~~n~~n~ ~ommissi~n:
I am s#~~ng~Y ~PFc~~i t€~:
Ga~~d~ti~n~l ~~~ Permit ~~-027
~207 I.incula Bivd., C4 ~~str~i~t
.~pp~icant: F~nch~r D~~re~nprnen~Tacso ~ll, ~n~.
~ippl~~g~~~ ~+~r ~~~r_~itiataet Us~ F'~r~xi~ to ~errait the de~olitivn c~f an
ex3~#in~ ~,352 ~nare ~ot F~st fc~ci s~s~urant with ~~li~.in sea~+~io~ unly:
and t~~ c~nn~tructi~n nf ],5E8 st~i~are fo~t, cme ~t.ciry fsst ~~tx1 r~~anx-~nt
with d~nive-thr~u~h capac~ty. (F~anBer. Buckl~y)
This si~ht ~s locatet~ t~~ the cc~rner of Lin~1~1 $~u~~vard ~nd Paci~c Str~et, the street nn
~vhicl~ I resi~~ as tk-~ nwt~~r ~f a townh~use.
I am s~ppv~ed tr~ a~~w d~ve-t~~ro~~h restaur~n± of an~ ~ in th~ n~zgttbi~rhood. ~ driv~
thrnu~,b. re~t~urant woi~l~l ~reat~ aduit~c~n~ t~f~c in the ~eighbc~rhond, The intersec:~on €~~
i.~r~c,o~ E~c~leva~Td ~11d P'a~ifi~ 5treet i$ ~Ire~d~ ~i t3iffi~ult i~3te?-S~°~wiion ~~c:a~~ of the heavy
volv~n~ r~ tr~ff~~ on t~e fnur ~lus Yanas af Lincoln B~ulev~rd. ~t~re tr~ffic re~uiring access
~a the s~athe~t cornes of tnis ~n~~rsec.~ivn wauld l~.ad to ~tore traffi~ thraugh th~
neigh~aFhocrci tn acc~~s P=co B~.~I~vard (~ bl~~ks norch~ thra~agh the r~~i~hbcrf~~od or to
~c:cess 2he P~r1 ~tr~et ~nd Lin~,~~tn $~uIev~~d ir-t~rs~ction (1 hl~ck s~uth) ~t w3~ch ~ tr~f~c
:igtyt provide~ safe access tt~ L~ncoln Bc~ul~~~d. Th~~ additional tra~ic wa~ld a!~ use ~.h~
a~t~ys in the x~~ig~~c~nc~~c~d, ~arti~u~~~~% the a'lev r~n~iir~~ no~il~-st~uth behi~d th~ ab~ve si~t~.t
ard p~xgliel tc~ I~inc,aln Bval~vard. These a~~eys are no~ m~rked ~~ith t~;f~ic sY~ns ~P ~i~~als
and thu~ the neigY:~nrh~c~d wa-~icf b~ subject tc, m~re cian~er€~~s drieiz~g ec~ndirions.
i arn also ~oncerneci about the sncr~~ c~f g~rrbage t~ the neig~borh~od fror~ riat€~ai~ts
disc~rding t~eir Tac~ B~il pa~kag~g as tne}i ~ull ~~ay ~re~z~ t~~e resia~r~nt. A~ it is now,
with ~niv ~li~-~n servi~e, ~ regn~artjr pick-up ~;arba~e fr~m T~ca Bell which is a~proximm#e~y
200 fee~ v~~st o¢ rr~~ tow~hnt~se ~n~ on the opposite si~e of the ~tre~te A dr~sve-thraugh
restaur~-~t w~~u1d only increase this ~~oblem.
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Cnnditi~n~l Use Permi~ 9I•0~7
1~T~+emb~r ~, ; ~1
Page 2
L G ~ P~ ?L~~~~2~s?:= ~~ ~
~
Gar~a~e f*vm :~e existi~g T~c.~ Bel~ at 22~7;,snc.c~~r~ Boulevard 3s alread~ a~eriou~ ~rablem.
'~'he str~et i~ =°eg~Iarly littered witit Tac~ B~~l w~:~~ae~ ~~d the carner sigl~t ~f tbe Tsco $e~l
is paz-ticularly n~~ight~y v~ith ~he t~mo3~nt nf ~arbage i~ the gntt~~, Th~ manageme~t of thi~
lr~catit~n ha~ nat ~~~no~strated ~n a~iiity ts~ op~r~±~ ~~ ~urr~nt Fac~ity v~~tho~t dawngr~din~
t~e ap~earance ~f t~~ ne~gh~~rhac3d. Ti~is w~u,d inc~~cate tlt~t T~c~~ Be!I v~~uld nat be ahle
to hand~e t1~~ e~~~ ~rea#er ~hal~eng~~ a~` a: drive-tl~.ra~,g~t facil1ty.
S~~e af ~i~ c~b~rr~an~es ~egardi~~g ~n~rna ~~r in~rea~~d tr~~ are b~sed ott the ~a~k ~ri
The-~~x r~s~~~~st c~ne hlQCk norti~ ~f the °Tacr~ Bei1 sight, This c~rive-t~r~u~ cr~a~es
a~~iti~n~l tr~.~c thrc~gh tl~~ st~est~ ~n~ ail~ys of t~e r~~i~a~arhonc~ in ~rder ~c~ a~c~ss ~ith~r
Pi~:o cr ~r~~n1~t ~ul~vard~. Althc~u~'t t1~e ~ac~-I~-'F`l~e~-B~x driv~-thrc~ugl~ ~ cc~nsideX~bl~
mc;re dii~~,ent in ke~ping its ~~~ht £ree e~t wrapp~rs ;~ata the ct~rrer.t wa~~-1n T~r,~ B: ~~,
wr~ppings it3~vit~ibly fir~d ~heir way c?ut of trtotc~rists w~tic~ws to our ~tr~~ts. '~e 3a~k~In-
Tt~~e-Bc~x~, vFrhi~;h l~as~c~ ~u t~e app~aranc:~ u£ gt-~ ~i~ht, giv~s ~di~atic~ns tt~~t it i~ well
managew, yet st~l c~`e~tes ~itt~r in r~h~. itei~~borhot~~, I~~Ii~ve tY~at the Tac~ Be~' which ~~n't
~anage tv ~~~~ ~~s curr~r~t signt ~r the nei~hb~rh~e~i ~`r~e ~r~r~ litter wi~1 c~nly create an
ev~tt grea~e~ Iitter nrc~le~, ~.nd t~hus ~u~her co~tribut~ tn unsi~,.~tly Iit:er in th~
n~~ghbar~oad.
Th~ a~iove ec~nt~nents s~eak nnly to the a~~r~~n~;n ot a nww f~ciIity at thr~ sight and i~s
c~~trir~e~tal ~~e~ts. Ir~ addiuon, i~e cor~str~ctian of this new st;~ctur~ r~r. this b~y cor:~er
~oul~ ~t•~~~~ ac~c~itic~rt~1 et~ngestior~ ~:~d during the t,~~ of c~~s±ructi~it bring adc~tinnal
scr~~gers intv tl~e a~eig~~~r~r~oii ~nd cr~a±e a~~ii~ona~ d~-# and e~~st.
I am. ~~ron~Iy n~pose~ tn t~±e applic~tjon iar ~~e°;~ d~f~~;-t~'irougl~ T~c~ ~~~X ~nd am av~il~ble
t~ d:scu~c my views at (~10-392-l~52~, ~nfartunat~ly. my ~ch~dude~ da~~ rot p~r~ni~ z~~ to
~tter~ti tl~~ public hesring this evening.
5i~c~ret~• yc~~rs,
~ ~
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Greg~ry ,~. Anr~i~l~
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831 PACIFIC STREET
SANTA MONICA, CA 90405
November 5, 1991
City of Santa Mon~ca
Planning D~vision, Room lIl
1585 Ma~n Street
Santa Monlca, CA 9040I
RE• Conditional Use Permrt 91-027
ATTN• D Bnckleq F~ncher De~elot~ment/Taco Bell. Inc.
Dear Mr Buckley:
I ain a neighbor of the Taco Bel~ at the corner of Lincoln and Pacific wluch is
the sub,~ect of the Pubhc Heanng to be held Navember 5, 199~. I am writing to
eacpress my OPP(}SITION TO THE DRIVE THROUGH TACO BELL.
'The current Taca Bell is bad news for our neighborhood. I~ generates traffic,
noise, litter. The Taca Betl also attracts drug dea~ers and proshtutes who co~duet
bus~ess in the park~g lot and in the rear c~f the building. The Santa Mo~ica Pol~ce
are aware of the nuisance cau~ed by the Taco Bell.
T~e dri~e through would only e~cerbate the grob[em. Rather than appmve the
conditional use perinit, I WOULD SUGGFST THAT YOU ADD ADDI'TIONAL
CONDITIONS TO THE EXISTING C.U.P. THESE CONDITiUNS WOULD REQUIRE
THE TACO BELL T~ HIRE A FULL-TIME GUARD TO PATRQL THE BACK OF
THE BUILDING AND I3ISCOURAGE LOITERING. I R~dULD ALSO SUGGEST
THAT THE C U.P BE AMENDED T~ REQUIRE THE TACQ BELL TO PICK UP
TRASH WITHIN A ONE-BLOCK RAD~US OF THE BUILDING TWICE A DAY.
T~ese condrttons would make the Taeo Bell a better neighbor. I do not believe
that constructian af a dtive t~ongh would add to the neigi~borhaod.
Tha~k ygu for your attention to this matter.
Sincerely,
~~~-.~, ~` ~~~'
Marlow Fisher
r+. x r • ~
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~
Werner Frei
831 Pacific Street #~1
Santa Monica, CA 90405
~
Planning Division, Room 111
1685 Main Street
Santa Monica, CA 94401
Attn: D. Buckiey
November 5, I991
IN REFERENCE T0: Canditional Use Permit 91--027 on proposed
demolition a~' Taco Bell fast food restaurant and
canstruc'tion of new Taco Bell fast food restaurant with
drive-thraugh capacity.
I am a homeowner and z live 1/2 block from the praposed
site. z am opposed to the proposed develapment because of
the increase in traftic, traffic accidents, noise,
pollution, and litter that will inev~itably follow.
We are already exposed to loitering, drug dea~~.ng and
prostitution taking place around the back of the ~xisting
restaurant. As a result, we cannot let our 4 year ald child
play outside without superv~sion. The increased traffic will
inevitably add to the danger to the children, super~ised ar
not.
A similar restaurant with drive-through (Jack in the Box) is
~ocated one short block north af the proposed site. As a
result, I pick up Taco Bell and Jack-in-the-Box litter in
front of my house and in the alley on an almost daily basis.
2 believe that two drive-through fast food restaurant ~rithin
two blocks do not serve our community in any way. At best,
the drive-thraugh get additional business from the commuters
who already clag Lincoln Boulevard. The drive-through will
also cause more accidents on the already dangeraus corner of
Lincoln and Pacific Street.
P1eas~ d~ not grant said permit. Thank you,
Werner Frei
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MANAGEMENT
9044 HM1ELROSE AVENUE
LOS ANGftfS, CAUFORNIA 900fi4
Tel 413/$59-7761 Fax,g13/859-4897
'-~ nii
November 7, 199i
Planning Division, Ro~n 111
A~tn: D. Buck].ey
1b85 Main Street
Santa Monica, CA 90401
Re: Condi~ional Use Pexmit 91-027
2207 L~ncaln Blvd., C4 District
App~~cant: Fancher I]evelo~erit - Taco Bell, Inc.
Dear Six~s :
I reside at 831 Pacific Street, #2, Santa Manica, CA 90405 and am writ~ng
to oppose the issuanc~ of the above conditional use perrrut.
T~.e canstruction af a drive-through restaurant at tha.s site will ~.ncrease
traffic which is already at in~olerable ~units and create additional c7~anger
to neighborhood chiZdren frcan cars exitulg and us~ng Pacific Street as a
thorough fare .
I also think it wa.l~ ~.n.crease garbage an the street since txadita.onally
the c~xsto~ners tend to disga~d their garbage as they exit and aften not i.n
the praper garbage cantainers.
Very tru.ly yours,
~ ~ F - ~~:.
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TABLE 7-4~ t ~
Local Gavernme~ts - Tler I Control Measures
n
2
Y
AQMP Proposed Proposed AQMP ~
Measure Tr~e Implernen~ing AdopNon imp~tatfon Appendix
No Agency Date Qate No ~
V
A-D-2 Control of Err~ass~ons irom Swimmtng Pool Water 5CAQM~1 1992 1999 IV-B
Heedinq [NOxl t~l C~v't ~
A-0•3 Conbd oi Emissions irom Res~denlial ~ C.o~t SCA~ 1982 20D8 N-4i ~
ri
water Heatng ~I~ox~ Locd c3or~ m
, ~
A-E-3 Contrnl of Dusi Emiaeians 1rom {I~iculUural TI^ng ~PM10~ [.ocal Oov't 1W4 19A6 N-9 m
Z
A~F-2 Contnoi of Emissians irom ConatruCllon and De~rwRtfon 3CAQMD/ 199'2 1994 N-~,3 -~
Actlvitiea And Onsite Vehi~r Fbw (PM10] Locef C~ovY n
~
A-F~ Low Emssion Methoda and Materiels br 8u~ng Locai Gort i994 1998 M$ (~
Construd)on [RQti, PM10} Z
]~'^~ ri'~i![l1P~10~ 01' ~ ~ ~I~!fl! ~ ~ ~~Q~ +~~~ ~~ " . 3 '~" ` , •• ~i• ~ •f
'
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(1) New control messures are shaded~ ~
~ ~
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(2) D~strict's Indt~eCt Source Control Measure ~
N
~ ~
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. ~ CM #90M-G-7 ~
ELIMYNATE EXCESSIVE CURB IDLING
[ROG, CO]
***~**~«****~~«*******~*****#***~~~~~***~***~**:«*~~******~s~s*•*~***
SU1I~IMA~tY
Source Category: AII On-Road Yehicles
Control Methads: Limit Idling Time 7'a 3 Minutes
Ernissiorz~: Not Determined
Cantr~l Cost: Not Determined
ImplementingAgencies: District and Local Governments
Other Irrfpacts: Alieviate Surf~ece Street Corzgestifl~t anci ~educe Noise
Pollution
************~****~~**~*»~r~#**:~~**~~**~~**~***~**«******~.~~«***~*~*
DESCRIPTI4N OF SOURCE CATEGORY
Background
Extended vehicIe idling can result in ROG and CO exhaust emissions beyond those
associated with ane engine restart.
~te~ulatarv Historv
City of New York Air Pollution Control Code 24-163 specifies regalations that
restr~ct engine idling. These regu lations state, "no persan shall eause or pemut the
engine of a motor vehicle, inciuding buses, to idle longer than a three- minute
period while parking, standing, or stapping." The civil penalty imposed for a first
offense is $220.00, and the penalty for a second offense is $$75.00.
Caiifornia Health and Safety Code Section 417Q0 prohibits t~e discharge of air
pollutants from any source that injures public health and damages business property.
Sectian 424Q3.5 states that any violation of Section 4170Q resulting from t~e en~.ne
af any diesel-powered bus while idling shall subject the owner ta civil penalties.
Section 4Q717(a) of the Health and Safety Code states that the District shali adopt,
implement, a~d enforce transportation control measures for the attainment af state
or federal ambient air yualrty standards. A transportation cantrol measure is
de~ned in 40717(~} as any strategy to reduee vehic~e tnps, vebicle use, vehicle miles
traveled, vehicle ~~g, or traffc congestion far the purpose of reducing motor
vehicle emissions.
G-25 ~ .
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PROPOSED METHOD OF CONTRQL
CM #90M-G-7
Th~ proposed control strateg~ to reduce emissions from curb idling is to enforce a
maximum idle time of 3 m~nutes for a11 motor vehicles on ~rivate and public
property. Cited vehicle operators will be subject to civil penal~ies.
Thase vehicles that require the engine ta operate a loading, unloading, or
prooessing de~ice are exempt from this cantrol measure.
EMISSIONS REDUGTION
On average, passenger vehicles currently emit 0.66 grams of ROG per minute and
7.(l4 grams per minute of CQ while idling. During an engine restar#, 3.08 grams of
ROG, ancf 15.57 grams of CO are emitted. Idle emissions exceed engine restart
emissions of ROG in 4.b7 minutes, and emissions of CO in 2.21 minutes. By the
year 2D10, the break-even time for R~G and CO wilt be 1,91 minutes and 2.34
minutes, respectively. Idiing vehicle5 beyond the break-even time will result in
excessive exhaust emiss~ons. .
COST-EFFECTiVENESS
Not determined.
IMPLEMENTING AGENCY
The District wovld adopt and enforee the three-minute idling limit as a
trans~ortation control measure. Local ga~ernments would share in the enforcement
of tl~is measure.
OTHER IMPACTS
Surface street cangestion and noise pollution could be alleviated with this control
measure.
REFERENCES
Air Resources Board. 1990. EMFAC7E, Emission Factor Model.
Environmer~tal Protection Agenry. 1989. Mabile4, Emission Factor Model.
Department of Environmenta! Protection, City of New York. 199D. Air Pollution
Cvde 24-163.
G-27
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1
~~ar+ of Zte~ 4f~. ~
Me~sage.
5ub~ect: Taco Beli ~eply
Sen~er: Kery~n W~BSa~R / L'J~MG~/01
~G UrurrMand $UCKL.~Y : LU a MDI01
Feri 1.
F0. Pau! 6ERLHNT / LUTM^/0]
DruMmar~d B1JCK~EY ! LU; hii3f 01
~hara LAHR~I / LEJ7~7p/01
Part ~.
From Capt. McGinn~s.
Rart 3.
T0. Kenyon WEBSTER / LUFMDfOt
CC: 7errie GENTEI~~ I SMPa/01
Part 4.
~ ~f TT~Fc~}~Fror L
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uated: 1 Zf~i2/9~ at i 0~d6. ~~^O ,l ~
Contents: 4.
In re~panse te yaur auestion whethe~- a cir~iv~ through window a~ the Taca E3e11,
2207 Lincoln 82~d, wo~Id ~r~pect the ~rimzrai actavity in tha± area, I would
say there would n4t be a naticeadle ~r~pact. ; base ^ny opin~on on tha h~story
or the drive through at the Jack In tne Box ,~ust ecrass the street. The drug
ar~d ~ra~titution activity in ~Ehe area ~s r.at 6ased at the Taco 8e11 an~ any
cr~Mina3 acti~ity on tha ~roperty of the Taco $ell is due ta cr~minals eating
at the ~5ti3~~I5hi'~~1'It more sa than usinr~ it as a staging area.
T~e management af the iaCO Bell d~ a g~ad ~ob af keepir~g the crsm~ra~. e~.~ment
fram using ttre establisf~ment as a place of business. I can see no r~asan fnr
the deniat of the C4JP requests. i would recornr~end the hours of the ~rive
thrcug~~ he restrictedis~milar ta thase of the Carl's on Santa htor~ca Blv~) du~
ta tl~e clnsa prox~mity of single famiiy resid~nces.
In canclu~ion, I fand no reasan for ihe police depart;nent tn hav~ concern in thE
granting af the request. F~al free to eontact me at ext 8454 fnr further
ass~stance.
Captain Ray McGiRrris
End ar IteM 50
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P&7:DKW:DB:TA92006 Santa Monica, California
Planning Commiss~on Mtg: Ju~e 3, 1992
T0: 7he Honorable Pianning Comm~ssian
FROM: Planning Sta~f
SIfBJECT: Text Amendment 92-006
Address: C4 District
Applican~: Fancher Develapment Services far 7aco Bell,
Inc.
C[ fMMflRV
Action: Malce recommendation ta City Council regarding proposed modificat~ans
to SM~1C Section 9055.10 "Drive-In, Drive-Through, Fast-Food, and Take-Dut Res-
taurants" of the Santa Mor~ica Municipal Cade.
Reco~mendation: Cammissian discussion and recommendation of modif~ed request
to C~ty Council.
Permit Streamlin~ng Expiration ~ate: None for text amendments.
SITE LOCR7TON AND DESCRIPTION
The proposed text amendment wauld affect praperties located in the C4 (Highway
Commercial) District. Th~s district is located along portions of Lincoln,
P~co, and Santa Monica Boulevards.
Zoning District: C4
Land Use D3strict: Commercial Corridor
PROJEC~ DESCRIPTION
The proposed Zoning Ordinance Text Amendment would involve the modification of
SMMC Section 9055.10(b) to conditiona~ly permit existing drive-in, drive-
thraugF~, ~ast food, and take-out restaurants to retain their existing hours of
operat~on after t~ey have been s~bstantially remodeled, demolished or expanded
ta include drive-through or drive-in capacity.
CEQA STATUS
The Text Amendmer~t is categorical~y exempt from the provisions of the Ca~ifor-
n~a Environmental QuaTity Act pursuant to Class 5{10~ of the City of Santa
Monica Guidelines for Imp~ementat~on of CEQA.
FEES
The proposal is not sub~ect to any development fees.
PUB~IC N07IFICATION
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Because this proposai is nat site-specific, r~o radius map, signage or mailing
notification is required. A legal notice was published in The Outlook. On
May 25, 1992, sta~f notified the ~feighborhood Support Center of the hearing
date.
ANALYSIS
Currently, drive-through, drive-in and fast-faod establis~ments are condition-
aiiy perm~tted in the C4 District subject to the "special condit~orts far can-
d~t~or~al uses" cantained in Subchapter 7 of Chapter 1, Ar~icle I7( of the Santa
Monica Municipal Code (SMMC). SMMC Sectian 9055.10(b) of Subchapter 7 re-
quires that corrditionally appraved dr~ve-through, dri~e-in and fast-food es-
tabl~shments open after 7:00 a.m. and close prior to lO:OD p.m, T~e app~icant
seeks Text Amendment 92-006 to revise SMMG Sectian 9055.10(b) to "allow Exist-
zng Drive-in, Drive-through, Fast-faod, and Take-o~t restaurants ~o retain
th~~r current haurs of operat~on" aft~r a substantial remodel or change in
made of operation ttas occurred.
Background
On Decemb~r 11, 1991, the Planning Commissian approved CUP 91-027 to permit
t~e demolition of the existing 1,352 sq.f#.., 46-seat Taca Bell fast-fo~d res-
taurant at 2207 Ljncoln Boulevard and the construction of a 1,568 sq.ft., 44-
seat restaurant with dr~ve-through capacity. At the public hearing, the ap-
plicant requested that Special Conditior~ no. 35, which li~nits hours of opera-
tian between 7:00 a.m. and 10:00 p.m., be amended to allaw the proposed dr~ve-
through ta retain t~e same hours as the existing establishmen~. The applicant
was informed that Condition no. 35 was required pursuant to SMMC 5ection
90~5.10(b~, and that it could only be amended if a text amendment were granted
thro~agh a separate application. Commissioners suggested tf~at the applicant
f~le a text amer~d~ent application.
SMMC Section 9055.10(b) currently reads as fol7ows:
Hours of Operation. When lacated on a site adjacent to or separated by
an alley from a residentially zaned property, a dr~ve-in, drive-
through, fast food, or take-out restaurant sha~l not open prior to 7:00
a.m. nor shall it rema~n open after 1~:0~ p.m.
The applicant propases that this Section be amended as follows:
Hours af Operation. When lacated on a site adlacent to or separated by
an alley from a res~dential~y zaned property, a drive-in, drive-
thraugh, ~'ast food or take-out restaurant shaii not open priar ta 7:00
a.m. nor shall ~t remain oper~ after 10:00 p.m, If a drive-in, drive-
through, fast food, or take-out restaurant exis~s and has existed since
the e~fect}ve date of this Chapter, the existing hours of operation may
be maintained.
If applied to the drive-through appro~ed by t1~e Planning Gom~ission for the
Taco Bell at 2207 Lincoln Boulevard, this text amendment wauld permit dr~ve-
through ~aurs of operation between 6:00 a.m. and I2:00 a.m. Sunday thraugh
Thursday and 6:00 a.m. through 1:00 a.m. Friday and Saturday, for a total of
23 additional hours of operation per week.
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General Plan Consistency
~
As propvsed, staff believes that the proposed text amendment is inconsistent
with the ~eneral Plan Land Use and Circulation Element (LUCE) Objective 1.6,
which states that the City shou~d "accommodate commercial uses whic~ serve
regional, community and local needs whi~e respecti~g the adjacent residential
ne3ghborhoods." At the ti~e the Zon~ng Ordinar~ce was adopted in 1988, the
Plann~r~g Commission and Gity Council determined that new drive-ir~, drive-
thraugh, fast faod and take-out restaurants adjacent to residential districts
should be 3imited to hours of operation between 7:00 a.m. and 10:U0 p.m. in
order to mitigate ad~erse impacts of the commercial activity on neighboring
residents. in t~e case of the proposed drive-throug~ at Taco Bell, tE~ese im-
pacts include increased noise and air pollutian levels.
The applicar~t states that, if the text amendment is not adopted, Taco Bell
will experience "a lass of revenue exceeding 1.5 million dallars over the ex-
pected llfe of this pra,7ect." Neither the General Plan nor tf~e Zoning Or-
d~nance contains ~anguage which al~ows text amendments on the basis of finan-
c~al gain or hardship.
The applicant further states that SMMC Sectian 9a55.10(b} effectively per~al-
izes existing bus~nesses which wish ta improve and upgrade the~r fac~lities.
Staff agrees with this ar~alysis and believes that a text amendment may be war-
ranted, but no~ the text amendment proposed by the applicant.
Staff Recommended Text Amendment
Staff believes that if the aperators of drive-in, drive-~hrough, fast food or
take-o~t restaurants wish to im~rave their subject faeilities, they should be
perm~tted ta retain their existing hours of operation for their existing uses,
as follows:
Hours af Operation. When lacated on a site adjacent to or separated by
an a~ley from a residentialiy zoned property, a new drive-in, drive-
through, fast food, and/ar take-out restaurant use shall nat open prior
to 7:0~ a.m. r~or shall it remain open after 10:00 p.m. If a drive-~n,
dr~r~e-through, fast food, and/ar take-out restaurant was in ex~stence
an the effective date of this Chapter and has been continua~ly in exis-
tence since then, and is proposed to be demol~she~, substantially re-
mode~ed or expanded, the existzng hours of operation of dri~e-i~,
drive-through, fast ~ood or take out uses may be maintained ~nless
otherwise condi~ioned by the Planning Commiss~on or City Council on
appeal.
In t~e case of the Taco Bell drive-through approved by the Pianr~~ng Cammis-
sion, the propnsed text amendment would require that the drive-through ho~rs
be restr~cted to the hours of 7:00 a.m. to 10:00 p.m., and t~at the restaurant
may, at the discretion of the Commission or Cauncil on appeal, remain open ~ar
walk-in service between b:04 a.~. and 12:00 a.m. Sunday through Thursday, and
6:00 a.m. and 1:00 a.m. Friday ar~d Saturday.
The staff-proposed text amendment would be consistent with LUCE Ob3ective 1.6,
in that it would a13ow existing businesses to improve their fac~lities while
limiting the hours of o~erat~on for new uses and thus mitigating adverse ~m-
pacts on neighbors, It would allow the Planning Commiss~on the discretaon ~o
condition the hours of operation for any uses which existed on the effective
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date of the Zor~ing Ord~nance, provi~ed these haurs do not exceed the hours of
operation at t~re time an appl~cation for a Canditional ~se Permit is filed,
unless otherwise approved by the Planning Comm~ssion.
Conclusion
The text amendment proposed by t~e applicant wauld
of operataon for new drive-in, drive-through, fast
any one of these uses existed on the effective dat
Staff contends that t~is wouid be inconsistent wi
ob~ectives which seek to m~nimize the impact o
residential uses. However, staff believes that
General Plan to allow existing haurs for drive-in,
and take-aut uses ta be maintained if more limited
new components such as drive-throughs. 7herefore,
of the modi~~ed text amendment conta~ned hereir~.
RECOMMENDATI~N
expand the allowable hours
food and take-out uses i f
e of th~ Zoning Ordinance.
th General Plan goa~s and
' these uses on adjacent
t is consistent with the
drive-through, fast food,
hours are required for any
staff recammends approval
It is recammended that the Planning Commission recommend approval of the staff
recommended amendment ta the City Council with the fo~lowing findings:
FINDiNGS
1. The proposed amendment, as madif~ed by staff, is consistent in prin-
cipal w~th the goals, objectives, policies, land uses, and pragrams
speclfi~d in the adopted General Plan, in that it is consistent with
Land Use and Circulation Element Objective 1.6, which states that the
City should allow the deve~opment of regional- and commur~~ty-serving
commercial uses while protecting adjacent residential uses.
2. The publ~c health, safety, and general welfare requires the adoption ot
the praposed amendment, in that the amendment allows existing dri~e-in,
dr~ve-through, fast food, and take-out facilities in the C4 District to
imprave their facalities without reducing their hours for existing
uses, subject to approval by the Planning Commission or City Council on
appeal.
Prepared by: Drummond 8uckiey, Assistant Planner
A7TACHMENTS
A. Praposed Amendment and Petitian
B. Correspondence
DB
PC/TA92006
05/27/92
- 4 - ~ ~~ ,i
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1~ ` Pl~b~ (~OGU'MGN7~
Petition in Su ort of an A~ication for a Text ~~~~~+'~~~
pp PP ~~S~s
Amendmen~ of the Santa Monica Zoning Code ,~~,~~g~
~ ~~~p t
I am a praperty owner/res~dent of Santa Monica and I wou,d support a text ~ar
amendment of Section 9055 i0 that now reads as follows 5~ 5.•uf ~ro~
~
Or~ve-rn, Dr,v~-thrguqh, Fast-food. and Take-ouf Restaurant$ The purpose of thrs
SeCtron rs to ensure fhat dr~ve-rn, dnve-through, fasi-food, and take-out restaurants
do »ot rESUlt m adverse rmpacts an ad~acent propertres and resrdents or on A'r7~rcNNr~Nr
sur~oundrng nerghbarhoods 6y reason of cusiomer and emp/ayee parkrng demand, 't{ ° o F
tfaffic generat~on, nase, l~ghf, fitter, or cumulatrve rmpacf of such demands rn one p~n;yiN~
area, cansrstent wrth the goals, ob~ecirve, and pol~cres of the General Plan The C..,~+.+asro~
fo!lowrng speeral cond~trons shall apply ro drrve-rn, drrve-through, fast-food, and STn ~~
lake-ouf restaurants ~~ r°~fi
~eV-
/61 Hours of Oneratron When located on a srte ad~acent ~o or separated by ~A ~`
an a!!ey trom any resrdenirally zoned property, a drrve-+n, drrve-through, fast food, ~G6
or take-out resFaurani shalJ npt open prror to 7 00 A M nor shall rt remarn open
after 70 00 P M
The wordmg of th3s section should be changed to allow Existmq Dnve-~~, Drn~e-
through, Fast-food, and Take-out restaurants to re.ain their curren; hours of
operation
I bel~eve that the current code discourages and penalizes b~sinesses vvho want to
renovate and modernize
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Supplement to an App~ication for a Text Amendrnent
of the Zoning Qrdinance
REASON F~R PROPOSED AMENDMENT: Taco Bell wrshes to demolish and
reconstruct its existing fast-food restaurant m order to provide a modern, efficient,
clean, up to date facifity that meets the demands of its customers. Howe~er, under
current zoning regulations, Taco Bell will be required to restrict their ~ours of
operation resulting m a ioss of re~enue exceedmg 1.5 m~ll~on dollars over the
expected life of this project
Taco Bell ~e4reves that they should not be penalized for there efforts to pro~ide
their customers tthe cit~ze~s of Santa Monicaa wGth a clean attraetive facility. lt is
afso our belief that this ardinance as wr~tten w~ll prohib~t restaurants from mak~ng
the necessary renavations requ~red to ser~e the ehanging needs of the publ~e and
the end result will be the deter~oration of these sites thus creatmg bl~ght.
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A~'ACHM~IITT C
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PLANNING COMMI88IflN
STATEMENT OF OFFICIAL ACTrON
PROJECT
CASE NUMBER: Text Amendment 92-Q06
LOCATIdN: C4 District
APPLICANT: Fancher Development Services far Taco Bell,
Inc.
CASE PLANNER: Drummond Buckley, Assistant Planner
REQUEST: To allow drive-through estab}.ishments to oper-
ate after 10:00 p.m.
CE4A STATUS: Categorical Exemption pursuant to Class 5(10)
of the City of Santa Monica Guidelines for
Implementation of CEQA
PLANNING COMMISSION ACTION
6/3 f 92 Date.
Approved based on the following findings and
subject to the conditions balow.
Denied.
X Other. Recommendation tn City Council for adop-
tion of a modified Text Amendment, as follows
(boldface indicat~s new texty:
9055.10(b) Hours of Opera~ion. When located on
a site adjacent to or separated by an alley £rom
any residentially zoned property, a drive-in,
drive-through, fast food, ar take-QUt restaurant
shall not open prior to 7:00 a.m. nor shall it
remain open after 10:00 p.m. If a drive-in,
drive-through, fast food, and/or take-out res-
taurant was in eXistence on the effeotive date of
this Chapter and has been continually in exis-
tence since then, and is groposed to be de-
mali.shed, substantially remodeled or expanded,
the Planning Cammission ar Ci~y Council on apgeal
may establish hours of operation which extend
beyond tbe above time 3.imitatians:
-~-
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FINDINGS
~
l. The propased amendment is consister-t in principle with the
goals, abjectives, palicies, land uses, and programs
specified in the adopted General Plan, in that it is cansis-
tent with Land Use and Circulation Element Objective 1.6,
which states that the City shou~d allow the development of
regianal- and con~munity-serving commercial uses while pro-
tecting adjacent residential uses.
2. The pubiic health, safety, and general welfare req~ires the
adoption af the proposed amendment, in that the amendment
allows existing drive-in, drive-through, fast food, and take-
out facilities in the C4 District ta improve their facilities
without reducing their hours of operation for existing uses,
subject to ap~roval by the Planning Corn~ission ar City Coun-
cil on appeal.
VOTE
Ayes: Mechur, Nelson, Pyns, Rosenstein
Nays: Polhemus
Abstain:
Absent: Gilpin, Morales
N4TICE
If this is a fina~ decisian not subject
the City of Santa Manica Compr~hensive
dinance, the time within which judicial
must be saught is go~arned by Code of
1094.6, which provision has been adopted
Municipal Code Section 1400.
to further appeal under
Land Use and Zoning Or-
review ~f this decisian
Civ~l Procedure Section
by the City pursuant to
I hereby certify thet this Statement of Of~icial ACtlOri accurate-
ly refiects the final determination of the Planninq Commissian af
the city af Santa Monica.
signature date
Ralph Mechur~ Chairperson
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City Council Meeting 9-8-92 Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDTNANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9055.10 REGARDING
SPECIAL CONDITI~NS F4R DRIVE-IN, DR~VE-THROUGH,
FAST-FOOD, AND TAKE-OUT RESTAURANTS
WHEREAS, the City Council of the City of Santa Monica finds
that an a~endment of Sectian 9055.10 of the Zoning Oardinance is
necessary to allow existing drive-in, drive-through, fast fflad,
and take-out facilities ta improve their facilities; and
WHEREAS, the fo~iowing amendment to 9055.10 is consistent
in principle with the goals, objectives, policies, land uses, and
programs specified ~n the adopted General Plan, in that Land Use
and Circulation E~ement Objective 1.6 states that the City shauld
allow the development of regional and community-serving
co~mercial uses while protecting adjacent residential uses; and
WHEREAS, the public health, safety,and general welfare
requires the adoption of the fallowing amendment, in that the
amend~nent allows existing drive-in, drive-thraugh, fast fQOd, and
take-out facilities in the C4 District to improve their
facilities withaut reducing their hours af operation for walk-in
customers, subject to approval by the Planning Commission or City
Counc~l on appeal, and
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WHEREAS, this t~xt amendment was properly processed and
noticed pursuant to Sections 9120.1 through 9120.4 of the Zoning
ordinance,
N~W, THEREFORE, THE CITY COUNCIL O~ THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTrON l. Section 9055.10 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 9055.10. Drive-In,
Drive-Throuqh, Fast-Food, and Take-Out
Restaurants. The purpose of this Section
is to ensure that drive-in, drive-thraugh,
fast food, and take-out restaurants do nat
result in adverse impacts an adjacent
properties and residents or on surrounding
ne~ghborhoods by reason of customer and
employee parking demand, traffic
generation, noise, light, litter, or
cumulative impact of such demands in one
area, consistent with the goals,
objectives, and policies of the Genera~
Plan. The fa~lowing special conditions
shall apply to drive-in, drive-through,
fast-faod, and take-out restaurants:
(a) Applicability. Drive-in.
drive-through, fast food, or take-out
restaurants may be permitted only with
approval ~f a Co~ditional Use Permit.
Th2se restaurants shall comply with the
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property develapment standards of the
underlying district and with this Section.
The pravisians of this Sectian shall apply
to all new drive-in, drive-through, fast
food, and take-out restaurants and to any
expansion of more than 14$ of the grass
floor area or increase of more than 25~ of
the number of seats in any such existing
restaurant.
(b} Hours af Operation. When
lacated on a site adjacent to or separated
by an a11ey from any residentially zoned
property, a drive-in, drive-thraugh, fast
food, or take-aut restaurant shall not open
pr~or to 7:00 A.M. nor shall it remain open
after 10:00 P.M. If a drive-in,
drive-through, fast food~ or take-out
restaurant was in existence on the
effective date af this Chapter and has heen
continually in existence since then~ and is
proposed to be demolished, substantially
remodeled or expanded, the Planning
Commission or City Council on appeal may
establish hours ~f ~peration which ~xtend
beyond the above time limitation for
walk-in customers of fast food and/or
take-out components o~1y, pravided that the
follawing findings are made:
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(~.) The hours of operation are
consistent with the goals, ab~ectives, and
policies of the General Plan.
(2) The hours of aperation
would not be detrimental t~ the public
interest, health, safety{ canvenience, or
general welfare.
(3y The hours of operation
would not create adverse impacts on nearby
residential uses.
(c) Minimum Lat Si.ze. The minimum
lot size shall be 10,000 square feet.
(d) Driveways, Drive-i~ and
driue-through restaurants shall have double
driveways in a11 instances and these
driveways shall have space for at least 6
vehicies waiting far service.
(e} Parkinq. A parking and
vehicular circulation p~an encampassing
adjoining streets and alleys shal]. be
submitted ~or re~iew and approval by the
Parking and Traffic Engin~er prior to
approval of a Conditional Use Perxnit.
{f} Refuse Storage Area. A minimum
of one outdaor trash receptacle sha~l be
pravided on site adjacent to each driveway
exit. At least one additional an-site
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outdoor trash receptacle shall be pravided
for every ten (10) required parking spaces.
{g) Litter. Employees shall collect
on-site a~d aff-site litter including food
wrappers, containers, and packaging from
restaurant products generated by customers
within a radius of 300 feet of the property
at least once per business day.
(h) Equipment. No noise generating
campressors or other such equipment shall
be placad 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 50 decibels four feet between the
vehicle and the speaker and shall not be
audible abave daytime ambient naise levels
beyond the property boundaries. The system
shall be designed to compensate far ambient
noise levels in the immediate area and
shall not be located within 30 feet of any
residential district or any property used
far residential uses.
SECTI~N 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such incons~stencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ~rdinance.
SECTION 3. If any sect~on, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any caurt of any competent
jurisdictian, such decision sha11 nat 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 s~ction, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any partion oF the Ordinance wauld be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayar 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 official newspaper
within 15 days after its adaption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS ~
City Attarney
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