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Council Meeting: November 29, 1994
Santa Monica, California
T~: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading An Interim
Ordinance Limiting the operational Hours of Drive-Up
Windows in Fast Food Restaurants Which Do Not Have
Conditiona~ Use Permits or Development Review Permits and
Are Lacated Adjacent ta Residentially Zoned Properties
INTRODUCTION
This report recommends that the City Counci~ introduce for first
reading the attached Interim Ordinance which would limit the
operational hours of drive-up windows in fast food restaurants
which do not have Conditional Use Permits or Development Review
PErmits and are located adjacent to residentially zoned prop~rties.
The provisions af the Interim Ordinance, which would limit the
operational hours of drive-up windaws in these fast food
restaurants fram 7:o0am to 10:00pm daily, would take affect an
January 31, 1996.
HACKGRODND
On September 2D, 1994 the City Couneil heard tastimany from
residents impacted by the drive-up windows in nearby fast food
restaurants. Since the adoption of the Zoning Ordinance in 1988,
all new fast food restaurants and any exi5ting fast food
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restaurants that expanded more than l0o in gross floar area ar 250
in the number of seats are restricted in their hours of operation
from 7:40am to 10:00pm daily when lacated adjacent to a
residentially zoned property. Although many fast food restaurants
with drive-up windaws have Development Review or Conditional Use
Permits which limit the hours of operation of the drive-up windaws,
some older fast foad restaurants with drive-up windows do not have
limits on the hours af operatian of the drive-up windows.
Existinq Limitations
At present, there are twelve fast food restaurants with drive-up
windows in Santa Monica that are located adjacent to residentially
zoned prop~rties (see Attachment A). Three restaurants have
limitations on the hours of operation of their drive-up windows
from 7:OOam to 10:00pm through Conditional Use Permits or
Development Re~iew Permits. Additionally, four restaurants have the
following restrictions:
a Kentucky Fried Chicken -- lacated at 3020 Lincoln
Baulevard, drive-up window haurs are from 9:OOam to 10:OOpm Sunday
through Thursday and until 11:OOpm an Friday and Saturday nights.
o Taco Bell -- located at 1624 Santa Monica Boulevard, it
is limited from 10:OOam to midnight daily with no separate
restriction for the drive-up window.
o McDonaid's -- two restaurants located at 2902 Pico
Boulevard and 2712 Santa Monica Boulevard are allowed ta operate
their drive-up windows from 7:OOam until ~O:OOpm Sunday through
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Thursday and until midnight on Friday and 5aturday nights.
In response to residents' complaints, City staff has met with the
stare managers af the two McDonald's restaurants to review the
allowable hours of operation of the drive-up windows and other
issues related to their conditions of appraval. Both restaurants
have taken measures to help mitigate the adverse impacts on the
nearby residents. For example, the Santa Monica Boulevard
restaurant never operates the dri~e-up windaw after 10:00pm and
delays trash pick-up until after 10:OOam; the Pico Boul~vard
restaurant turns off their sound ordaring system after 9:OOpm and
takes orders at the drive-up window and alsa delays their trash
pick-up until aft~r 12:OOpm. The store managers of both restaurants
have ~aken the responsibility of listening to neighbors' concerns
and are willing to work to minimize any adverse impacts.
Five remaining fast food restaurants have no limitatians on the
hours of operation of their drive-up windaws. These restaurants
inelude:
o Jack-in-the-Box at 2025 Lincoln Boulevard
o Jack~in-the-Box at 2423 Wilshire Boulevard
o Burger King at 1919 Pica Baulevard
o Kentucky Fried Chicken at 2727 Pico Boulevard
o Wienerschnitzel at 30~0 Pico Baulevard
These restaurants will be affected by the Interim Ordinance and the
eventual permanent Zoning Ordinance amendment.
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Interim Ordinance Pravisions
The attached Interim Ordinance would limit the operatianal hours of
drive-up windows in fast food restaurants adjacent to residential
zones which do not have Conditional Use Permit or Development
Review Permit canditions of approval. The provisions of the Interim
Ordinance, which would limit the operational hours of drive-up
windaws in these fast food restaurants frvm 7:Obam to 10:aapm
daily, would not take affect until January 31, 1996 because the
Ci.ty typically gives existing businesses time to modify their
operatians to conform to the changes in ordinances. City staff is
sending notifications to the affected restaurants concerning the
public hearing and Interim Ordinance.
Permanent Ordinance Proc~ss
Staff is recammending that the Council approve the attached Interim
Ordinance while a permanent Zoninq Ordinance amendment is pr~pared.
Staff is recammending an Interim Ordinance so that the affected
restaurants will have additional time ta comply with the new
limitations an the aperational hours for drive-up windaws. This
Int~rim Ordinance wi.Il be in effect for forty-five (45) days.
Staff will be returning to the Council prior to its expiration for
approval af another Interim Ordinance to be in effect for one
hundred eighty (180) days to allow for the draft~ng and adaption of
a permanent Zoning Ordinance amendmEnt.
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$UDGET/FINANCIAL IMPACT
The proposed Ordinance would have no budget/financ~al impact.
RECOMMENDATION
It is recommended that the City Council ho~d a public hearing for
the first reading of the attached Interim Ordinance.
Prepared by: 5uza
Paul
Pau~
Attachment: A --
B --
nne Frick, PCD Director
Casey, Acting Senior Planner
Foley, Associate Planner
Existing Fast Food Restaurants with Drive-Up
Windaws Located Adjacent to Residentially Zoned
Properties
Proposed Interim Ordinance
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A~'~'AC~IVIEN~' A
ATTACHMENT A
EXISTING FAST FOOD RESTAURANTS WITH DRIVE-UP WINDOWS
LOCATED ADJACENT TO RE5TDENTIALLY Z~NED PROP$RTIES
RESTAURANT/LOCATION
Taco Bell
1524 Santa Monica
2207 Lincaln
Jack-in-the-Box
2025 Lincoln
2423 Wilshire
McDonald's
2712 Santa Monica
2902 Pico
2809 Lincoln
Burger King
1919 Pico
Kentucky Fried Chicken
2727 Pico
3020 Lincoln
Carl's Jr.
2727 Santa Monica
Wienerschnitzel
3a10 Pico
* Conditional Use Permit
** Development Review Permit
OPERATI~NAL RESTRICTIONS
CUP* DR** NONE
x
x
x
x
x x
X X
x
x
x
x
X
x
s
A~'T'ACI~EN~' ~
CA:f:~atty~muni\laws\mhs~dr~vup
City Council Meeting 11-29-94
Santa Monica, Cal~farnia
ORDINANCE NUMBER (CCS)
(City Couneil Series}
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING H~URS OF OPERATI~N
FOR DRIVE-UP WINDOWS OF DRIVE-IN, DRIVE-THRdUGH AND
FAST FOOD RESTAURANTS LaCATED ADJACENT TO
RESIDENTIALLY ZONED PROPERTIES ON AN INTERIM BASIS
THE CITY COUNCIL OF THE CITY ~F SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and
declares:
(a) At its 5eptember 20, 1994 meetang,
the City Council heard testimony from
residents living adjacent to and in the
vicinity of fast fQad restaurants with drive-
up windows whose quiet enjoyment and nightt~me
rest has been repeatedly disrupted b~ the
no~se associated c~ith the late-n~ght aperat~.on
of the drive-up windows.
(b) A~thougri many fa5t food restaurants
with drive-up windows have Development Review
or Conditional Use Permits which limit the
hours af operation of the drive-up windows,
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same fast foad restaurants with dr~ve-up
windows do not have limits on the hours of
operation of the drive-up windows.
(c) Pend~ng the implementation of
permanent changes to the Zoning Ordinance to
ensure the public health, safety, and welfare
of impacted residents, it is necessary to
~imit on an interim basis the hours of
operat~on of driv~-up ~indows in fast food
restaurants located adjacent to or separated
by an alley from any residentia~ly zaned
property which da not have in place
limitations on the hours af operation af
drive-up windows.
(d) As set forth above, ther~ exists a
current and immediate threat to the public
health, safety, or welfare, from the continued
operation of drive-up windows adjacent to
residentially ~oned parcels, and the
ma~ntenanee af any such operatians in existing
businesses inconsistent with the standards of
this interim ordinance would result in a
threat to publ~c health, safety, or welfare.
The purpose of adopting this interim
ordinance, the standards of which wzll not
take ~ffect until January 31, 1996~ is to give
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advance notice ta property owners and business
owners who wi~l be atfected by the hours of
aperation restriction which will adopted as a
madification of the Zaning Ordinance.
SECTION 2. Exeept as provided in Section 3 of this
ordinance, after January 31, 1995 it shall be unlawful for any
drive-in, drive-thraugh, fast foad or take-out restaurant located
adjacent ta or separated by an alley from any residentially zoned
property to aperate a drive-up window between the haurs of 10:00
p.m. and 7:0o a.m.
S~CTION 3. The provisions of this Ordinance sha11 not apply
to any drive-in, drive-through, fast food or take-out restaurant
operating on the Effective date of this Ordinance which has a valid
Conditional Use Permit or Development Revie~~ ~Ermit.
SECTION 4. Any provision of the Santa Monica Municipal Code
ar appendices thereto, inconsistent with the provisions of this
Ordinance, to the e~tent af such inconsist~ncies and no further,
are hereby repealed or ~nadified ta that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. This Ordinance shall be of no further force ar
forty-five days from its adoption, unless extended in the manner
requir~d by law.
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SECTION 6. If any section, subsection, sentence, clause, or
phrase of this OrdYnance is for any reason held to be invalid or
unconstitutiana~ by a decision of any court of any competent
jurisdiction, such decision shall nat affect the validity of the
remain~ng portions of this Ordinance. The City Council hereby
declares that it would have passed ~his Ordinance, and each and
every section, subsection, sentence, clause, or phrase nat declared
invalid or unconstitutianal without regard to whether any portian
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTIpN 7. This Ordinance is adopted pursuant to the
provisions of Section 9.04.20.16.060 of the Santa Monica M~nicipal
Cade, and the need for its adoption is set farth in the Findings
and Purpose Section above.
SECTIDN 8. The Mayar sha~Z sign and the City Clerk shall
attest to the passage af this Ordinance. The City Clerk shall
cause the same ta be pub~ished ance in the officiaZ newspaper
withzn 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPRaVED AS TO FORM:
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0 ~~i~(~tr~ ~
MARSHA J~N~~ MOUTRIE
City Attor~y
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