SR-112696-6E
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PCD SF OM pf f \plan\share\councll\stoas\cup95017 NOV 2 6 1996
Council Mtg November 26,1996 Santa Momca, California
TO Mayor and City Council
FROM City Staff
SUBJECT Certification of Statement of OffiCial Action of Conditional Use Perrntt 95-017,
2025 Lincoln Blvd
INTRODUCTION
ThiS report transmits for City Council certification the Statement of OffiCial ActIOn for CUP 95-
017 to allow the operation of a dnve-up Window In a fast-food restaurant located at 2025
Lincoln Blvd between the hours of 6 OOam and 7 OOam dally, 10 OOpm and 1 OOam Sunday
through Thursday, and 10 OOpm and 3 OOam Fnday and Saturday
On October 22, 1996, the Council approved the project based on the findings and condItions
contained In the attached Statement of OffiCial Action
BUDGET/FINANCIAL IMPACT
The recommendation presented In thiS report does not have any budget or financIal Impact
RECOMMENDA TION
It IS respectfully recommended that the City CounCil approve the attached Statement of
OffiCial Action.
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NOV 2 6 1996
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Prepared by' David Martin, Acting Senior Planner
Paul Foley, AssoCIate Planner
City Planning DIVISion
Planning and Community Development Department
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CITY OF SANTA MONICA
CITY COUNCIL
ST A TEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: 95CUPO 17
LOCATION: Jack-in-the-Box Restaurant, 2025 Lmcoln Blvd.
APPLICANT: Foodmaker, Inc., 9330 Balboa Ave., San Diego, CA 92123
APPELLANT: Foodmaker, Inc., 9330 Balboa Ave., San Diego, CA 92123
CASE PLANNER: Paul Foley, ASSOCiate Planner
REQUEST: 95CUP017' operate a dnve-up wmdow m a fast -food restaurant
between the hours of lO:00pm to 1:00am Sunday through
Thursday, lO:OOpm to 3:00am Fnday and Saturday and 6:00am
to 7:00am dally.
CEQA STATUS: Categonca1ly exempt pursuant to Class 5 of the State CEQA
Guidehnes m that the requested actions involve minor land use
limitab.ons and do not involve changes in land use or densities.
CITY COUNCIL ACTION
10/22/96 Date.
X Approved based on the following findmgs and subject to the conditions
below.
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Employees lD departwents or dlvlslons observlng d~fferenc
hollday schedules shall[ ln ~leu of holldays llsted above,
recelve holldays enJoyed by other operatlng employees In.
that department or divlslon[ prov~ded, however[ that the
same number of holldays [twel ve (12) ] shall be observed.
4.02 Vacation Leave
Employees covered hereln shall accrue vacation leave w~th
pay on the followlng basls
A Follow~ng completlon of the flrst six (6 ) calendar
months of contlnuous serVlce[ SlX (6 ) worklng days
B. Thereafter, up to and includlng five (5) completed
years of service, one (1 ) worklng day for each
completed calendar month of serVlce.
C. Thereafter, up to and 1ncluding ten (10 ) completed
years of serVlce, one and one-quarter (1. 25) working
days for each completed calendar month of serV1ce.
D. Thereafter[ up to and 1ncludlng f1fteen (15)
completed years of service[ one and one-half (1 5)
work1ng days for each completed calendar month of
serVlce.
E Upon completlon of flfteen (15) years of serVlce and
thereafter, one and three-quarters (1 75) work1ng
days for each completed calendar month of service
F. At the C1ty Manager's d1scretion, a new Clty
employee who is covered by thls bargalnlng
agreement [ based on the terms and conditions of the
employee's previous employment, may be granted a
vacation accrual rate WhlCh exceeds that llsted
above.
G. Employees are expected to take thelr vacatlon each
year. An employee who has accrued vacatlon to the
maXlmums prescrlbed hereln may be required to take
vacat10n leave lD order to reduce the accurnulatlon
balance. The schedullng of vacatlon shall be
according to department or dlvlslon pollcles and
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5. 1be proposed use would be compatible with eX1stmg and permissible land uses within the
district and the general area in which the proposed use IS to be located, In that the
proposed use (a drive-up window) has been In operation since 1965. Additionally the
physical expansion asSOCIated With this applIcation IS lImited to installation of a kIosk and
landscaping as shown on plans dated August IS, 1995 and January 12, 1996.
6. There are adequate provIsions for water, samtation, and publIc utIlities and .serviceS to
ensure that the proposed use would not be detrimental to publIc health and safety, 10 that
the existIng use will remaIn and the physical expansIOn associated with thIS application is
!inuted to the installation of a bosk and landscaping as shown on plans dated August 15,
1995 and January 12, 1996.
7. Public access to the proposed use Wlll be adequate, 10 that no alterations to eXisting
parlang, circulatIon or access are proposed as part of thiS applIcation.
8. The physical location or placement of the use on the Site IS compatIble With and relates
harmOnIOUsly to the surroundmg neighborhood, in that the phYSical expansIOn associated
WIth this applIcation IS lImited to the Installation of a kiosk and landscapmg as shown on
plans dated August 15, 1995 and January 12, 1996.
9. The proposed use is consistent With the goals, objectIves, and polICies of the General Plan,
in that no change of use at the subject property IS proposed In thIS applIcatIon.
10. The proposed use would not be detnmental to the publIc mterest, health, safety,
convenience, or general welfare, in that the adverse impacts of extendmg the hours of
operatlon of the drive-up wmdow from 7:00am to 1O:00pm daIly to between 6:00am and
1:00am Sunday through Thursday and from 6:00am to 3'OOam on Fndays and Saturdays
can be reduced With the operation of the bosk and increased landscapIng as proposed by
the applIcant and recommended by staff as a condition of approval of this CUP
11. The proposed use WIll not result In an overconcentratIon of such uses In the ImmedIate
vicmity In that the dnve-up WIndow use Will not change.
CONDmONS
:eJ.ans
1. TIns approval IS for those plans dated on August 15, 1995 and January 12, 1996, copies
of which shall be marntaIned 10 the files of the Planning and Zomng Division. Project
development shall be consIstent with such plans, except as otherwise specIfied In these
conditIons of approval.
2 The Plans shall comply with all other provIsions of Chapter 1, Article IX of the Municipal
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Code, (Zomng Ordinance) and all other pertInent ordinances and General Plan polIcies of
the City of Santa Monica.
3. Mmor amendments to the plans shall be subject to approval by the Director of Planmng
and Commumty Development. A significant change in the approved concept shall be
subject to Planning Commission Review. Construction shall be In conformance with the
plans subrmtted or as modtfied by the Planning Commission, Architectural ReVIew Board
or Director of Planmng and Community Development.
ArchItectural Review Board
4. Plans for the kiosk, additional landscapmg and the new locatlOn of the menu board
contamed in this apphcation shaH be subject to review and approval by the Architectural
ReVIew Board. Plans shall be submitted to the Arclutectural ReVIew Board in accordance
with the submittal guidelines.
Construction
5. Unless otherwise approved by the Department of Environmental and PublIc Works
Management, all sidewalks shall be kept clear and passable during constructIOn.
6. Sidewalks, curbs, gutters, paVIng and driveways whIch need replacing or removal as a
result of the prOject as determined by the Department of Environmental and Public Works
Management shall be reconstructed to the satisfaction of the Department of EnVIronmental
and PublIc Works Management Approval for thiS work shall be obtained from the
Department of Environmental and Public Works Management prior to Issuance of the
bmldmg permits.
7. Velucles hauling dIrt or other constructIon debns from the site shall cover any open load
With a tarpaulin or other secure covenng to minimize dust emiSSIons.
8. A SIgn shall be posted on the property In a manner consistent With the public heanng sign
requirements which shall identify the address and phone number of the owner and/or
apphcant for the purposes of respondmg to questIons and complarnts dunng construction.
Said sIgn shall also indicate the hours of permissIble construction work.
9. The property owner shall insure any graffitI on the sIte IS promptly removed through
complIance With the CIty'S graffitI removal program.
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10. A copy of these conditions shall be posted in an easIly vIsible and accessIble locat1on at
all nrnes during construction at the prOject Slte. The pages shall be laminated or otherwIse
protected to ensure durabihty of the copy.
Miscellaneous ConditIons
11. The drive-up Window hours of operation shall be from between 6:00am and 1:00am
Sunday through Thursday and between 6:00am and 3:00am Friday and Saturday.
12 The operanon of the drive-up wmdow shall be conducted in a manner not detnmental to
surrounding propertIes or residents by reason of hghts, nOIse, actIvIues, parking or other
actions.
13. Street andlor alley hghtIng shall be provided on pubhc nghts-of-way adjacent to the
project if and as needed per the specificatIons and With the approval of the Department of
Environmental and Pubhc Works Management.
14. The hours of operatIon of the drive-up window shall be conspIcuously dIsplayed mSIde and
outside of the restaurant.
Validity of PermIts
15 In the event permittee VIolates or f311s to comply WIth any condItIOnS of approval of
thIspermit, no further permIts, lIcenses, or approvals shall be ISSUed until such VIolation
has been fully remedied.
16. Withm ten days of Planning DIvision transmIttal of the Statement of OffiCIal Act1on,
project apphcant shall sign and return a copy of the Statement of Official Action prepared
by the Planning DIVISIon, agreemg to the CondIl1ons of approval and acknowledgmg that
fa1lure to comply with such condItIons shall constItute grounds for potentIal revocatIon of
the pemut approval. By signing same, apphcant shall not thereby waIve any legal rights
apphcant may possess regardmg saId condIt10ns. The SIgned Statement shall be returned
to the Planmng and Zornng DIVIsion. FaIlure to comply with tlus conditIon shall consutute
grounds for potential permit revocation.
17. The approval of this penmt shall expire one year from the permIt's effective date, unless,
in the case of new development, a building penrut has been obtamed pnor to the expIration
of this approval m order to exercise the rights granted by thIS approval. This pernut shall
also expue If the building permIt expires or if the rights granted under this approval are
not exercised within one year followmg the earlIest to occur of the following: Issuance of
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a Certificate of Occupancy or, If no CertIficate of Occupancy IS required, the last reqUIred
final mspectIon for the new construction. One SIX month extension may be permitted If
approved by the Director of Planning and Community Development.
Special ConditIons
18. The bosk as shown in the plans dated August 15, 1995 and January 12, 1996, shall be
utilized without loud speaker amplification between the hours of !0:00pm and 1:00am
Sunday through Thursday, 1O.OOpm and 3:00am Friday and Saturday and 6:00am and
7:00am daily. A sign mdicatIng that fast-food orders Will be taken at the kIosk and the
hours of operation of the bosk shall be conspicuously displayed at the menu board.
19. Additiona1landscapmg shall be installed along the eastern property line as mdIcated on the
plans dated January 12, 1996, subject to review and approval of the Architectural ReVIew
Board. The landscaping shall be of a suffiCIent denSity and matunty to attenuate the nOise
associated WIth the dnve-up wmdow operations and reduce the noise Impacts on adjacent
residenbally-zoned propemes to the east to be 10 conformance WIth the Noise Ordinance;
otherwise, alternanve mitIgation measures shall be lllstalled that shall mitIgate the noise
Impacts consistent with the NOIse Ordmance.
20. The hours of operation of the drive-up wmdow contaIned 10 thIS permit It shall take effect
upon the mstaIlatlon of the kiosk and landscaping as proposed by the applicant. Until such
tIme as the kiosk and landscaplllg are lllstalled and approved by the Cay, the hours of
operatlon of the dnve-up wmdow shall be 7:00am to 10:00pm daily.
VOTE
Ayes: Abdo, Ebner. Genser. Greenberg. Holbrook. O'Connor. Rosenstein
Nays:
Abstam:
Absent:
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NOTICE
If this IS a fmal decision not subject to further appeal under the City of Santa MOnIca
Comprehensive Land Use and Zoning Ordmance, the tIme withm which judicial review of this
decJ.sion must be sought is governed by Code of Civil Procedure Section 1094.6, which provision
has been adopted by the CIty pursuant to Municipal Code SectIon 1 16.010.
I hereby certify that this Statement of Official Action accurately reflects the rmal
det~J'.u ;nation of the City Councll of the City of Santa Monica.
signature date
Paul Rosenstem~ Mayor
I hereby agree to the above conditions of approval and acknowledge that failure to comply
with such conditiom shall constitute grounds for potential revocation of the permit approval.
Appbcant's Signature
Pnnt Name and TItle
f: \ppd\share\drthru \stoalmc
rev: 9/95
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