SR-112696-6F
NOV 2 6 1996
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Council Mtg November 26, 1996 Santa MOnica, California
TO Mayor and CIty Council
FROM City Staff
SUBJECT Certification of Statement of Official Action of Conditional Use Permit 95-016
and Vanance 95-033, 2423 Wilshire Blvd
INTRODUCTION
This report transmits for City Counal certification the Statement of OffiCial Action for the CUP
95-016 to allow the operation of a drive-up Window In a fast-food restaurant located at 2423
Wilshire Blvd between the hours of 10 OOpm and 12 OOam Fnday and Saturday, and VAR
95-033 to construct an acoustical sound wall up to fourteen (14) feet In height
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
RECOMMENDATION
It IS respectfully recommended that the City CounCil approve the attached Statement of
OffiCial Action
NOV 2 6 19!1
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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 COUUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER- 95CUP016/95V AR033
LOCATION. Jack-m-the-Box Restaurant, 2423 Wilshire 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: 95CUP016: operate a dnve-up wmdow III a fast-food restaurant
between the hours of lO:00pm to 12:00am Friday and Saturday
nights~ 96V AR033: to construct an acoustIcal sound wall up to
fourteen (14) feet m height.
CEQA STATUS: Categonca1ly exempt pursuant to Class 5 of the State CEQA
Guidehnes III that the requested actions involve minor land use
hmitatlons and do not involve changes m land use or denSities.
CITY COUNCIL ACTION
10/22/95 Date.
X Approved based on the followmg findmgs and subject to the conditions
below.
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Defiled.
Other
EFFECTIVE DATE OF ACTION:
October 22. 1996
EXPIRA TION DATElS) OF ANY PERMITS GRANTED:
October 23, 1997 CondItional Use PermIt
October 23 ~ 1997 Variance
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATElS):
Any request for an extenSIon of the expiranon date must be receIved 10 the Planning and Zomng
DIVIsion prior to expuation of thIS permIt
Apnl23, 1998 Condinonal Use Permit
}\pnl 23, 1998 Vanance
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use IS condItionally permItted wIthm the subject dIStrict and complIes with
all of the apphcable proVisions of the "City of Santa Momca ComprehenslVe Land Use and
Zoning Ordmance", ill that Intenm Ordinance #1806 allows the operanon of the drive-up
window after lO"OOpm and before 7:00am WIth the issuance of a CondItional Use PermIt.
2. The proposed use would not imparr the mtegnty and character of the distnct In WhICh it
is to be establIshed or located, 10 that, although there will be Impacts to adjacent resldenna1
neighbors from drive-up window operatIons from lO'OOpm to 12'ooam on Friday and
Saturday mghts, the nOIse impacts wIll be largely mlt:1gated by the mstallanon of an
acousbcal sound wall and silent fast-food ordenng and confirmauon system reqUIred as a
condition of approval, Addinonally, an on-sIte secunty person required as a conmnon of
approval will further mItigate Impacts aSSOCIated WIth the dnve-up w1Odow operation by
discouraging rowdy patron behavIor aSSOCIated with the drive-up wmdow However,
neIther the sound wall nor secunty person WIll be able to elimlOate all noise neganvely
impacnng the nearby residents. Some nOIses wIll be generated in areas not protected by
the sound wall, for example, from cars queUIng 10 the dnveway, or from emergency
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response vehicles responding to calls for servIce at the SIte. For these reasons, operatIon
of the drive-up WIndow after rmdnight would impaIr the integrity and character of the
chstnct by exposing adjacent residents to noise at a tIme when most residents are likely to
be resting or sleeping, and thus dunng hours when such noises tend to be especIally
dIsturbing and disruptive.
3. The subject parcellS phYSIcally suitable for the type of land use being proposed, In that
the eXIsting land use will remain and the physical expanSIOn aSSOCIated with this
application is limited to the installation of an acoustIcal sound wall and sIlent fast-food
ordering and confirmatIon system as shown on plans dated October 20, 1995.
4. TIle proposed use IS compatIble WIth the land uses presently on the subject parcel In that
the existIng land use will remam.
5. The proposed use would be compatible with eXistIng and permIssIble land uses WIthin the
dIStnct and the general area In which the proposed use IS to be located, in that although
there wIll be impacts to adjacent reSIdentIal neIghbors from dnve-up window operations
from lO:00pm to 12:00am on Friday and Saturday nights, the noise Impacts wIll be largely
mitigated by the Installation of an acoustIcal sound wall and sIlent fast-food ordenng and
confirmation system requIred as a condttion of approval. AddItionally, an on-SIte secunty
person reqwred as a condItion of approval will further mitigate Impacts aSSOCIated with the
drive-up wmdow operation by dIscouraging rowdy patron behaVIOr associated with the
dnve-up wmdow. However, neIther the sound wall nOf secunty person wIll be able to
eliminate all noise negatively impacting the nearby residents. Some nOIses will be
generated m areas not protected by the sound wall, for example, from cars queumg In the
driveway, or from emergency response vehicles responding to calls for service at the SIte.
For these reasons, operation of the drive-up wmdow after mIdnight would not be
compatible With existIng and permissIble land uses Wlth10 the distnct and the general area
by exposIng adjacent residents to noise at a tIme when most resIdents are lIkely to be
resting or sleeping, and thus during hours when such nOIses tend to be especially disturbing
and disruptIve.
6. There are adequate proVISIons for water, sanitation, and publIc utIlitIes and servIces to
ensure that the proposed use would not be detnmental to publIc health and safety, 10 that
the eXIsbng use WIll remaIn and the physical expansion asSOCIated WIth thIS application is
limited to the installation of an acoustical sound wall and SIlent fast-food ordering and
confirmation system as shown on plans dated October 20, 1995.
7. Public access to the proposed use WIll be adequate 10 that the installatIon of the acoustIcal
sound wall and silent fast-food ordenng and confirmatIon system WIll not make alterations
to eXisting parkIng or circulation and adequate access to the alley at the rear property line
wIll be mamta1Oed.
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8 The physical locatIon or placement of the use on the Site IS compatible With and relates
harmoniously to the surroundIng neighborhood, ill that the drive-up window operation is
located approXimately twenty (20) feet from the adjacent multI-famlly reSidences and the
installation of an acoustical sound wall and Silent fast-food ordenng and confirmation
system required as a condition of approval wdl largely mitigate the nOise Impacts
associated with the dnve-up wmdow operation which occur between !0:00pm and
12:00am.
9. The proposed use is consistent with the goals, objectives, and policies of the General Plan,
in that Objective #1.1 of the Land Use and Circulation Element of the General Plan calls
for protectmg the quality ofhfe m all residential neighborhoods and Objective #1.6 of the
land Use and Circulatlon Element calls for the accommodation of commercial uses which
serve regional, commumty and local needs along the commercial corridors of the City
while respecting the adjacent residentJ.al neighborhoods. The acoustical sound wall required
as a conditIon of approval wdl be located adjacent to the drive-up aisle and will separate
the drive-up aJ.sle from the adjacent residences, thereby reduc10g nOise impacts from the
fast-food ordenng and confirmation system. AdditIonally, an on-site security person
required as a conditIon of approval will further mitIgate impacts associated wIth the drive-
up WIndow operatlOn. However, operation of the dnve-up window after nudnight would
not protect the quality of hfe in the adjacent neighborhood and would not respect the
adjacent neighborhoods. The acoustIcal sound wall cannot fully mitigate all nOise Impacts
associated with the drive-up wmdow operatIOn IncludIng those Impacts which stem from
patrons In vehicles queuing in the dnveway approach to the fast-food ordering and
confirmatIon system, and would, therefore deprive the reSidents who hve adjacent to the
dnve-up window a quiet night of sleep after mIdnight.
10. The proposed use would not be detnmental to the public interest, health, safety,
convenience, or general welfare, 10 that, although there Will be Impacts to adjacent
reSidential neighbors from dnve-up wmdow operatIons from lO:OOpm to 12:00am on
Friday and Saturday mghts, the noise Impacts will be largely mItigated by the InstallatIon
of an acoustlca1 sound wall and SIlent fast-food ordering and confirmatIOn system requIred
as a condlb.on of approval. Additionally, an on-SIte security person required as a condition
of approval will further nungate impacts associated With the dnve-up window operation
by discouragmg rowdy patron behaVior associated Wlth the drive-up window. However,
neIther the sound wall nor security person wIll be able to ehminate all noise negatively
impactmg the nearby reSidents. Some nOIses will be generated m areas not protected by
the sound wall, for example, from cars queu10g in the dnveway, or from emergency
response vehicles respondmg to calls for service at the site. For these reasons, operatIon
of the dnve-up window after mIdnight would be detnmental to the publIc mterest, health,
safety, convemence, or general welfare by exposing adjacent residents to nOise at a tIme
when most residents are likely to be resting or sleepmg, and thus dunng hours when such
nOises tend to be especIally dlsturb10g and disruptIve.
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II. The proposed use will not result in an overconcentratlOn of such uses in the immedIate
victnlty in that there are no other late-mght dove-up wmdow operations in the immediate
area.
V ARIANCE FINDINGS
1. There are SpecIal CIrcumstances or exceptional characteristics applicable to the property
Involved, IncludIng size, shape, topography, locatIon or surroundmgs, or to the mtended
use or development of the property that do not apply to other properties 10 the vicinity
under an identical zoning classIficatIon, 10 that the dove-up aIsle of the drive-up window
operation IS located approximately twenty (20) feet from an adjacent multI-family
residential property and an acousncal sound wall twelve (12) to fourteen (14) feet In heIght
is necessary to attenuate the noise ltnpacts of late night operatIons of the drive-up wmdow
on the adjacent residential property
2. The grantIng of such variance wIll not be detnmental or InJunous to the property or
improvements In the general VICInIty and distnct m which the property IS located, in that
the acoustIcal sound wall as proposed will benefit the area as it IS Intended to attenuate the
noise impacts of late mght operatIons of the dove-up WIndow on adjacent reSIdentIal uses.
3. 'The strIct apphcation of the prOVISIons of this Chapter would result in practical dIfficultIes
or unnecessary hardships, not 10cluding economIC dIfficulties or economIC hardships, in
that an acoustIcal sound wall limited to eight (8) feet in heIght would not effectIvely
attenuate the nOIse Impacts of the late mght operatIons of the dove-up window on adjacent
residential uses.
4. 'The grantIng of a variance wIll not be contrary to or In conflIct with the general purposes
and intent of tlus Chapter, or to the goals, objectIves and polICIes of the General Plan, In
that Objecnve #1.1 of the Land Use and CIrculatIon Element of the General Plan calls for
protecting the quality of hfe In all residential neighborhoods and ObjectIve #1.6 of the
Land Use and CirculatIon Element calls for the accommodation of commercIal uses WhICh
serve regional, community and local needs along the commerCIal comdors of the CIty
while respecting the adjacent reSIdentIal neighborhoods, and the acoustIcal sound wall
reqUIred as a condition of approval located adjacent to the dove-up aisle, separating the
drive-up aisle from the adjacent reSIdences, wIll reduce nOIse Impacts to the adjacent
neIghbors from the fast-food ordenng and confinnation system. AddItionally, the proposed
acoustical sound wall is IdentIfied In the CIty'S adopted NOIse Element as a common
mItIgation measure to alleviate nOIse Impacts and in this case IS recommended to be
constructed to a height of between twelve (12) to fourteen (14) feet to attenuate the noise
impacts assocIated with the late-night operatIon of the dove-up wmdow.
5. The variance would not Impair the mtegrity and character of the dIStnCt 10 WhICh It IS to
be located, In that the acoustIcal sound wall as proposed Wlll benefit the area as It is
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intended to attenuate the nOise Impacts of late mght operations of the dnve-up wIndow on
adjacent reSIdential uses.
6. The subject SIte is physically suitable for the proposed VarIance, in that the proposed
acoustical sound wall is located eIghteen (18) feet from the adjacent multi-family
residentIal building to the north, and nses less than three (3) feet above the height of an
existIng fence WhICh separates the multi-famIly reSIdentIal building from the alley.
7. There are adequate provisions for water, sanitation, and public utIlitIes and services to
ensure that the proposed vanance would not be detrimental to publIc health and safety, In
that the existing use will remaIn and the physical expanSIon associated WIth this variance
application is limIted to the installation of an acoustIcal sound wall.
8. 1bere will be adequate proviSIOns for publIc access to serve the subject variance proposal,
in that the phYSICal expanSIon aSSOCIated WIth thIS vanance applIcatIon IS lImIted to the
installation of an acoustical sound wall
9. The strict apphcaoon of the provisions of the CIty of Santa Momca Comprehensive Land
Use and Zomng Ordmance would result In unreasonable depnvatIon of the use or
enjoyment of the property I in that the variance IS for an acoustical sound wall a maximum
of fourteen (14) feet ill heIght WhICh is intended as a means to attenuate the nOIse Impacts
on adjacent residential uses aSSOCIated with the operation of the drive-up wmdow during
the late-mght hours of operation as approved.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT AND VARIANCE
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1. This approval IS for those plans dated October 20, 1995, a copy of which shall be
maintamed in the files of the Planning and Zoning DiVIsion Project development shall
be conSIstent with such plans, except as otherwise specIfied m these conditions of
approval.
2 The Plans shall comply WIth all other proVISIons of the Municipal Code, (Zomng
Ordinance) and all other pertinent ordinances and General Plan poliCIes of the City of
Santa MODIca.
3. Minor amendments to the plans shall be subject to approval by the Director of Planning
and CommunIty Development. A SIgnIficant change 10 the approved concept shall be
subject to Planmng CommIssion ReVIew. Construction shall be 10 conformance WIth the
plans submItted or as modIfied by the PlannIng CommiSSIOn, ArchItectural ReVIew Board
or Director of Planning and Community Development.
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ArchItectural ReVIew Board
4. Plans for final design of the acousucal sound wall and sIlent fast-food ordering and
confirmation system as proposed by the applicant shall be subject to review and approval
by the Architectural Review Board
5. As appropriate, the Architectural Review Board shall reqUIre the use of antI-graffitl
materials on surfaces likely to attract graffiti.
Construction
6. Unless otherwise approved by the Department of EnVironmental and PublIc Works
Management, all sidewalks shall be kept clear and passable dunng constructlon.
7. SIdewalks, curbs, gutters, pavmg and driveways which need replacIng or removal as a
result of the project as detenruned by the Department of EnVIronmental and Public Works
Management shall be reconstructed to the satlsfactlon 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 pnor to ISSuance of the
building permits.
8. vetncles hauhng dIrt or other construction debris from the SIte shall cover any open load
with a tarpaulin or other secure covering to minimIze dust emISSIOns.
9. A Sign shall be posted on the property in a manner consistent WIth the public heanng Slgn
reqUirements WhICh shall IdentIfy the address and phone number of the owner and/or
applIcant for the purposes of respondIng to questlons and complaJ.nts dunng the
construction of the sound wall. Said SIgn shall also IndIcate the hours of permIssible
constructlon work.
10. The property owner shall Insure any graffiti on the SIte IS promptly removed through
compliance With the CIty'S graffitI removal program.
11. A copy of these conditlons shall be posted 111 an easIly VISIble and accessible locatIon at
all times during constructIon at the project Site. The pages shall be lammated or otherwise
protected to ensure durabIlity of the copy.
12 Street and/or alley lighting shall be proVIded on publIc rights-of-way adjacent to the
project If and as needed per the specifications and WIth the approval of the Department of
Environmental and Public Works Management.
13. Final bOOding plans submitted for approval of a building permlt shall include the location
and design of the acoustlca1 sound wall and SIlent fast-food ordering and confirmatIOn
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system as proposed by the applIcant.
Miscellaneous Conditions
14. 1be acoustical sound wall shall be a contiguous structure Without gaps between sup]X)rt1Og
steel tubing and glass panels a m10imum thickness of 0 5 10ches or plastic panels a
minimum thickness of 0.75 inches to attenuate the noise impacts of the dnve up w1Odow
operation.
15. No existing trees at the subject property shall be removed for the installat10n of the
acoustIcal sound wall.
CONDmONS OF APPROVAL - CONDITIONAL USE PERMIT
Miscellaneous Conditions
16. 1be operation shall at all times be conducted 10 a manner not detrimental to surround1Og
properties or residents by reason of lIghts, nOise, activities, parking or other actions.
Validity of Permit
17. m the event permittee violates or fails to comply with any condit10ns of approval of this
permit, no further permits. lIcenses, or approvals shall be issued until such violatiOn has
been fully remedied.
18. Withm ten days of Planning DivlSlon transmittal of the Statement of Official Action,
project applIcant shall sign and return a copy of the Statement of OffiCial Acnon prepared
by the Plannmg DiVision, agreeing to the Condit1ons of approval and acknowledging that
Mure to comply With such conditions shall constitute grounds for potent1al revocat1on of
the penmt approval. By sigmng same, applIcant shall not thereby Waive any legal rights
applIcant may ]X)ssess regarding satd condit1ons. The Signed. Statement shall be returned.
to the Plannmg and Zomng DiVision. FaIlure to comply Wlth this condit1on shall constitute
grounds for potent1al permit revocat1on.
19. The approval of tIns permit shall expire one year from the permit's effective date, unless.
m the case of new development. a bmldmg permit has been obtained poor to the expiration
of tins approval 10 order to exercise the nghts granted by thiS approval Tlus permit shall
also expire if the building permit expues or if the rights granted under thiS approval are
not exerClsed Wlthm one year followmg the earliest to occur of the following: issuance of
a Certificate of Occupancy or, If no CertIficate of Occupancy IS requued., the last reqUired.
final inspection for the new construction. One SIX month extenSiOn may be permItted If
approved. by the Director of Plann10g and Commumty Development.
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SpecIal CondltlOns
20. The silent fast-food ordering and confirmatIon system shown on plans dated October 20,
1995, shall be utllized wIthout loud speaker ampbfication between the hours of lO:OOpm
and 12:00am Friday and Saturday nights. A sign mdicatmg that fast-food orders will be
taken at the second fast-food ordenng system during the hours indIcated above shall be
conspicuously displayed at the menu board.
21 Between the hours of 1O.OOpm to 12'OOam on Friday and Saturday nights, the apphcant
shall proVlde an on-premises state licensed security person who shall work to ensure that
the drive-up window operations shall be conducted in a manner not detnmental to
surrounding properties or residents by reason of lights, noise, activities, parking or other
actions.
22 The hours of operatlOn of the drive-up wmdow contained in thIS permit shall take effect
upon the installation of the acoustlcal sound wall and silent fast-food ordering and
confirmation system as proposed by the applicant. Until such hme as the acousncal sound
wall and sllent fast-food ordenng and confirmahon system are mstalled and approved by
the City, the hours of operation of the dnve-up window shall be 7: OOam to 10: OOpm da11 y.
CONDmONS OF APPROVAL - VARIANCE
Validity of Permit
23 In the event permittee violates or falls to comply with any condltions of approval of this
penmt, no further permits, licenses, or approvals shall be ISSUed unhl such vlOlation has
been fully remedied.
24. WIthin ten days of Planmng DIVISIon transmIttal of the Statement of Officlal Action,
project apphcant shall sign and return a copy of the Statement of OffiCIal Acnon prepared
by the Planmng Division, agreemg to the Condihons of approval and acknowledgmg that
failure to comply with such conditions shall conshtute grounds for potential revocanon of
the penmt approval. By SIgning same, applicant shall not thereby Walve any legal rights
applicant may possess regarding said conditions. The signed Statement shall be returned
to the Planning and Zoning DivislOn. Failure to comply Wlth tlns condItion shall conshtute
grounds for potential permit revocahon.
25 The approval of this permit shall expIre one year from the permIt's effecnve date, unless,
m the case of new development, a bUlldmg permIt has been obtaIned prior to the expIrahon
of tlus approval in order to exerClse the rights granted by this approval. This permIt shall
also expue If the bmlding permIt expires or If the nghts granted under this approval are
not exercIsed within one year folloWlng the earhest to occur of the followmg: Issuance of
a Certificate of Occupancy or, If no Certlficate of Occupancy is required, the last reqUlred
finalmspectlon for the new construchon. One SIX month extensIon may be permitted If
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approved by the DIrector of PlannIng and CommunIty Development.
Construction
26. The acoustical sound wall shall be desIgned to a maxImum height of twelve (12) to
fourteen (14) feet.
VOTE Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, RosensteIn
Ayes.
Nays:
Abstam:
Absent:
NOTICE
If thIS IS a final decISion not subject to further appeal under the CIty of Santa MOnIca
ComprehensIve Land Use and Zomng OrdInance, the time WIthIn whICh JUdICIal reVIew ofthis
decISIon 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
determination of the City Council of the City of Santa Monica.
signature date
Paul Rosenstein. Mavor
I hereby agree to the above conditions of approval and acknowledge that failure to comply
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with such conditions shan colblilute grounds for potential revocation of the pennit approval.
Applicant I S SIgnature
Pont Name and TItle
f: \ppd\share\drthru\stoawlls
rev: 9/95
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