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SR-6-A (20) 6A o' - CA:f:atty\muni\strpts\mhs\cupwin.2d Santa Monica, California OCT 1 7 1995 City council Meeting 10-17-95 TO: Mayor and City Council FROM: city Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.14.090 REGARDING DRIVE-IN, DRIVE-THROUGH, FAST FOOD AND TAKE-OUT RESTAURANTS INTRODUCTION At its meeting on October 10, 1995, the city Council introduced for first reading an ordinance amending Municipal Code section 9.04.14.090 regarding drive-in, drive-through, fast food and take- out restaurants. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney 6A i - OCT 1 7 1995 - - - - ~ CA:f:\atty\muni\laws\mhs\cupwin.2d City Council Meeting 10-17-95 Santa Monica, California . ORDINANCE NUMBER 1819 (CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.14.090 REGARDING DRIVE-IN, DRIVE-THROUGH, FAST FOOD AND TAKE-OUT RESTAURANTS WHEREAS, the city council adopted a Resolution of Intention directing the Planning commission to initiate an amendment to the zoning ordinance to prohibit, after May 1, 1998, the drive-up window component of a drive-in, drive-through, fast food or take- out restaurant located adjacent to or separated by an alley from any residentially zoned property from operating between the hours of 10 p.m. and 7 a. m. ; and WHEREAS, the Planning commission held a public hearing on the proposed amendment on August 2, 1995; and WHEREAS, the City Council held a public hearing on the proposed amendment on October 10, 1995; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that Objective 1.2 and Policy 1.2.4 of the Land Use Element call for compatibility of adjacent land uses, with 1 .- r particular concern for protecting residential neighborhoods by limiting the nUmber, controlling the location, or otherwise mitigating the adverse impacts of adjacent commercial uses; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the proposed amendment balances the public need for certain goods and services with the goal of preserving the quality of life in adjacent neighborhoods; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.14.090 of the Santa Monica Municipal Code is amended to read as follows: 9.04.14.090 Drive-in, drive-through, fast-food, and take-out restaurants. The purpose of this Section is to ensure that drive-in, drive-through, fast food, and take-out restaurants do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods 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 General Plan. The following special conditions shall apply to drive-in, 2 - -- drive-through, fast-food, and take-out restaurants: (a) Applicability. Drive-in, drive-through, fast food, or take-out restaurants may be permitted only with approval of a Conditional Use Permit. These restaurants shall comply with the property development standards of the underlying district and with this section. The provisions of this section shall apply to all new drive-in, drive-through, fast food, and take-out restaurants and to any expansion of more than ten percent of the gross floor area or increase of more than twenty-five percent of the number of seats in any such existing restaurant. Additionally, as of May 1, 1998, the hours of operation provisions of subsection (b) shall apply to the drive-up window component of any existing drive-in, drive-through, fast food or take-out restaurant located adjacent to or separated by an alley from any residentially zoned property, whether or not such existing restaurant expands floor area or increases seats, and whether or not such use has previously been granted a conditional use permit, or development review permit authorizing hours of operation which differ from those in subsection (b) . (b) Hours of Operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast food, or take-out restaurant shall not open prior to 3 -~ - - seven a.m. nor shall it remain open after ten p.m. (c) Minimum Lot Size. The minimum lot size shall be ten thousand square feet. (d) Driveways. Drive-in and drive-through restaurants shall have double driveways in all instances and these driveways shall have space for at least six vehicles waiting for service. (e) Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the Parking and Traffic Engineer prior to approval of a Conditional Use Permit. (f) Refuse storage Area. A minimum of one outdoor trash receptacle shall be provided on-site adjacent to each driveway exit. At least one additional on-site outdoor trash receptacle shall be provided for every ten required parking spaces. (g) Litter. Employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of three hundred feet of the property at least once per business day. (h) Equipment. No noise generating compressors or other such equipment shall be placed on or near the property line adjoining any residential district or any property used for residential uses. 4 I ( i) Noise. Any drive up or drive through speaker system shall emit no more than fifty decibels four feet between the vehicle and the speaker and shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within thirty feet of any residential district or any property used for residential uses. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not 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 section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 5 ~ -- , SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The ci ty Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: r~0~~~ MARSHA JONES~OUTRIE City Attorne . 6 ~ . ~ . tJ~ Mayor State of CalIfornIa ) County of Los Angeles) ss CIty of Santa Mornca ) I, Mana M Stewart, CIty Clerk of the Cay of Santa Moruca, do hereby certIfy that the foregomg Ordmance No 1819 (CCS) had Its first readmg on October 10. 1995 and had Its second readmg on October 17. 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members None ATTEST '- ~~o~ Cay Clerk - -- -