Loading...
SR-121796-8A SA. f:\atty\muni\strpts\mjm\cupwin3.2d 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 org ~. CA:f:\atty\muni\laws\mhs\cupwin.3 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 1 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: 2 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 3 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. 4 (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) 5 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 6 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 7 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: /" .1. ~ . :--) / .'-f I ! ~ J '~l< ..~ L ~ _ v-- '- "-......... ~,...( l l 1" GfJ MARSHA JONES'MOUTRIE ' city Attorney 8 State of Caltforma ) County of Los Angeles) S5 CIty of Santa MOnIca ) l ~~ 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 I{~J:L'_~