SR-121796-8A
SA.
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City Council Meeting 12-17-96
Santa Monica, califoP&~ 1 7 1996
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Zoning Ordinance section 9.04.14.090
Regarding Drive-In, Drive-Through, Fast Food, and Take-
Out Restaurants
INTRODUCTION
At its meeting of November 19, 1996, the city Council introduced
for first reading an ordinance amending Zoning ordinance section
9.04.14.090 regarding drive-in, drive-through, fast food, and take-
out restaurants. The accompanying 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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city Council Meeting 12-17-96
Santa Monica, California
ORDINANCE NUMBER 1870 (CCS)
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
ZONING ORDINANCE SECTION 9.04.14.090 REGARDING
DRIVE-IN, DRIVE-THROUGH, FAST FOOD,
AND TAKE-OUT RESTAURANTS
WHEREAS, on October 22, 1996 the Ci ty counci 1 adopted a
Resolution of Intention directing the Planning Commission to
initiate an amendment to the Zoning Ordinance to require any
existing drive-in, drive-through, and take-out restaurant located
adjacent to residentially zoned areas to obtain a conditional use
permit to operate a drive-up window 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 November 6, 1996 and made recommendations to
the City council following the hearing; and
WHEREAS, the city Council held a public hearing on the
proposed amendment; and
WHEREAS, the City council finds and declares that the proposed
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amendment 18 conS1stent in principle with the goals, obJect1ves,
pol1c1es, land uses, and programs spec1f1ed 1n the adopted General
Plan, speclflcally Land Use Element ObJective 1.2 which calls for
actions to "ensure compatib1.lity of adJ acent land uses, with
particular concern for protect1.ng res1dential nelghborhoods, " and
Land Use Element Policy 1 2 4 which states "11mit the number or
control the location or otherwise mltigate the impact of commercial
uses" such as "fast food establishments" In areas where operation
of such use might have an adverse impact on the surrounding
ne1ghborhood, wh1.1e insuring adequate opportunit1es for lnexpenslve
restaurantsi and
WHEREAS, the public health, safety, and general welfare
requ1re the adoptlon of the proposed amendment, III that the
proposed amendment balances the need to make commerc1al services
aval1able to the public and the need to preserve the quality of
11fe in adJacent resident1al areas,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
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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 effectuate
the goals, objectives, and policies of the General
Plan by ensuring 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. The following
special conditions shall apply to drive-in,
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,
to any existing restaurant which has an expansion
of more than ten percent of the gross floor area or
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increase of more than twenty-five percent of the
number of seats and, to the extent specifically
provided in subsection (j), restaurants operating
as of July 10, 1995.
(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 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.
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(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.
(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.
(j) Applicability to restaurants operating as
of July 10, 1995. Any drive-in, drive-through,
fast food or take-out restaurant operating as of
July 10, 1995 which is not otherwise subject to the
hours of operation restrictions of subsection (b)
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above ("Existing Drive-Through") shall be subject
to the following hours of operation for the drive-
up window component:
(1) Any Existing Drive-Through which is
located adjacent to or separated by an alley from
any residentially zoned property, and which does
not have a valid conditional use permit or
development review permit shall not operate its
drive-up window between the hours of 10:00 p.m. and
7:00 a.m. unless and until a conditional use permit
for such drive-up window operation is obtained.
(2) Any Existing Drive-Through which is
located adjacent to or separated by an alley from
any residentially zoned property which has a valid
conditional use permit or development review permit
issued prior to July 10, 1995, which permit
authorized operation of the drive-up window between
the hours of 10:00 p.m. and 7:00 a.m., shall cease
operating its drive-up window during those hours as
of May 1, 1998 unless and until a new conditional
use permit is obtained.
(3) The conditional use permit required
pursuant to this subsection (j) may authorize the
drive-up window of an Existing Drive-Through to
operate during specified hours between 10 p.m. and
7 a.m., if the findings contained in Santa Monica
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Municipal Code Section 9.04.20.12.040 (a) through
(j) are made. In granting a conditional use
permit, the Planning Commission, or City Council on
appeal, may impose such conditions as are necessary
to insure that the authorized drive-up window
operation is not detrimental to surrounding
properties or residents by reason of lights, noise,
activities, parking or other actions. Except as
provided above, the conditional use permit shall be
processed substantially in accordance with Part
9.04.20.12.010 of the Municipal Code.
SECTION 2. A conditional use permit with an effective date on
or after October 22, 1996 shall be considered to have been issued
in compliance with the requirements of 9.04.14.090(j) (1) as amended
by section 1 of this Ordinance.
SECTION 3. Ordinance Number 1868(CCS) is hereby repealed.
SECTION 4. 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 5. If any section, subsection, sentence, clause, or
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phrase of this Ordinance ~s for any reason held to be ~nvalid or
unconstitutional by a decis10n 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.
SECTION 6.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City 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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J '~l< ..~ L ~ _ v-- '- "-......... ~,...( l l 1" GfJ
MARSHA JONES'MOUTRIE '
city Attorney
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State of Caltforma )
County of Los Angeles) S5
CIty of Santa MOnIca )
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~~
iyor
I, Mana M Stewart, Clty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg
Ordmance No 1870 (CeS) had Its tirst readmg on November 26. 1996_ and had Its second
readmg on December 17, 1996 and was passed by the followmg vote
Ayes
CouncIl members
Ebner, FeInstein. Genser, Greenberg. Holbrook. O'Connor,
Rosenstem
Noes
CounCIl members
None
Abstam
CounCIl members
None
Absent
CounCIl members
None
ATTEST
~~
CIty Clerk
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