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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
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OCT 1 7 1995
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CA:f:\atty\muni\laws\mhs\cupwin.2d
City Council Meeting 10-17-95 Santa Monica, California
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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
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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,
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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
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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.
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( 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.
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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:
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MARSHA JONES~OUTRIE
City Attorne .
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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
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Cay Clerk
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