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City council Meeting 12-13-94 Santa Monica, California
DEC 1 3 1994
TO: Mayor and city council
FROM: City Attorney
SUBJECT: CITY OF SANTA MONICA ESTABLISHING HOURS OF OPERATION FOR
DRIVE-UP WINDOWS OF DRIVE-IN, DRIVE-THROUGH AND FAST
FOOD RESTAURANTS LOCATED ADJACENT TO RESIDENTIALLY ZONED
PROPERTIES ON AN INTERIM BASIS
At lts meeting on November 29, 1994, the Clty council introduced
for first reading an ordinance establishing hours of operation for
drlve-up windows of drive-in, drive-through and fast food
restaurants located adjacent to resldentially zoned propertles on
an lnterim basis. The ordinance is now presented to the City
council for second reading and adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Mary H. Strobe 1, Deputy City Attorney
DEC 1 3 1994
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Clty Council Meeting 12-13-94 Santa Monica, Callfornla
ORDINANCE NUMBER 1783 (CCS)
(City Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING HOURS OF OPERATION
FOR DRIVE-UP WINDOWS OF DRIVE-IN, DRIVE-THROUGH AND
FAST FOOD RESTAURANTS LOCATED ADJACENT TO
RESIDENTIALLY ZONED PROPERTIES ON AN INTERIM BASIS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Flndinqs and Purpose. The Clty COllnCll finds and
declares:
(a) At lts September 20, 1994 meetlng,
the Clty Councll heard testimony from
residents llvlng adjacent to and ln the
viClnlty of fast food restaurants wlth drive-
up wlndows whose qUlet enJoyment and nighttlme
rest has been repeatedly dlsrupted by the
noise associated with the late-nlght operatlon
of the drlve-up wlndows.
(b) Although many fast food restaurants
w~th dr~ve-up windows have Development Review
or Conditional Use PerPlits which llmlt the
hours of operatlon of the drive-up wlndows,
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some fast food restaurants with drive-up
wlndows do not have Ilm~ts on the hours of
operatlon of the drive-up wlndows.
(c) Pendlng the lmplementatlon of
permanent changes to the Zonlng Ordinance to
ensure the publlC healthl safetYI and welfare
of lmpacted resldents, it lS necessary to
limit on an lnterlm basis the hours of
operatlon of drlve-up windows ln fast food
restaurants located adJacent to or separated
by an alley from any residentlally zoned
property which do not have in place
limltatlons on the hours of operation of
drive-up wlndows.
( d) As set forth above, there exists a
current and lmmedlate threat to the public
health, safety, or welfare, from the contlnued
operation of drive-up w~ndows adjacent to
residentially zoned parcels, and the
malntenance of any such operatlons in eXlstlng
bUSlnesses inconsistent wlth the standards of
this interim ordlnance would result ln a
threat to public health, safety, or welfare.
The purpose of adopting thlS interlm
ordinance, the standards of which wlll not
take effect untll June 30, 1995, is to glve
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advance notice to property owners and business
owners who wlll be affected by the hours of
operatlon restriction which wlll adopted as a
modification of the Zonlng Ordlnance.
SECTION 2. Except as provlded ln Section 3 of thls
Ordlnance, after June 30, 1995 lt shall be unlawful for any drlve-
ln, drlve-through, fast food or take-out restaurant located
adJacent to or separated by an alley from any resldentlally zoned
property to operate a drlve-up wlndow between the hours of 10:00
p.m. and 7:00 a.m.
SECTION 3. Any provision of the Santa Monica Munlclpal Code
or appendices thereto, lnconsistent with the provisions of this
Ordlnance, to the extent of such inconsistencles and no further,
are hereby repealed or modlfled to that extent necessary to effect
the provlslons of this Ordinance.
SECTION 4. This Ordinance shall be of no further force or
forty-flve days from lts adoption, unless extended ln the manner
requlred by law.
SECTION 5. If any section, subsectlon, sentence, clause, or
phrase of this Ordinance lS for any reason held to be lnvalld or
unconstltutlonal by a decision of any court of any competent
jurisdictlon, such decision shall not affect the validity of the
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remalnlng portlons of thls Ordinance. The Clty council hereby
declares that it would have passed th~s Ordl.nance, and each and
every section, subsection, sentence, clause, or phrase not declared
lnvalld or unconstltutional without regard to whether any portlon
of the ordinance would be subsequently declared lnvalid or
unconstitutional.
SECTION 6. This Ordinance is adopted pursuant to the
provislons of section 9.04.20.16.060 of the Santa Monica Municlpal
Code, and the need for its adoptlon is set forth ln the Flndings
and Purpose Section above.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of thlS Ordlnance. The Clty Clerk shall
cause the same to be published once ln the offlcial newspaper
~Vl thln 15 days after its adoptlon. This Ordinance shall be
effectlve 30 days from its adoptlon.
APPROVED AS TO FORM:
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MARSHA JONES/MOUTRIE
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Clty Attorney
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Mayor
State of Cahforma )
County of Los Angeles ) ss
City of Santa Maruca )
I, Clance E Dykhouse, City Clerk of the CIty of Santa Moruca, do hereby certIfy that the
foregomg Ordmance No 1783 (CCS) had Its first readmg on November 29, 1994 and had
Its second readmg on December 13, 1994 and was passed by the followmg vote
Ayes. Councllmembers. Abdo, Ebner, Genser. Greenberg, Holbrook, O'Connor,
Rosenstem
Noes Councllmembers None
Abstam Councllmembers None
Absent Councllmembers None
ATTEST
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CIty Clerk
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