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Council Meeting November 26, 1996
TO Mayor and Crty Council
FROM Crty Staff
Santa Monrca, Calrforn~V 2 ~
SUBJECT Recommendation to Approve an Amendment to the City's Four Housing
Trust Fund Gurdelrnes rn Order to Require Use of the Federal Default Rate
as the Interest Rate on City Loans which are Used to Leverage HUD Section
202 and Section 811 Mortgage Loans
INTRQDUCTION
This report recommends Crty Council approval of an amendment to all four of the City's
Housrng Trust Fund Gurdelrnes to require that the interest rate vn Crty loans to projects
recervrng U S Department of Housrng and Urban Development (HUD) Sectron 202 and
811 Program mortgage loans not exceed the federal default rate Thrs amendment rs
needed, as the Housrng Division will soon be closing loans on a number of projects
recervrng HUD Sectron 242 loans
BACKGROUND
The Crty has four different sets of Trust Fund Gurdelrnes which set forth the rules and
procedures for making deferred payment mortgage loans to affordable housing projects,
including new construction and acquisition/rehabrlrtatron These trust funds include the
Citywide Housrng Trust Fund, the Citywide Housrng Acquisition and Rehabilitation Trust
Fund Program, the Prco Neighborhood Housrng Trust Fund, and the HOME Trust Fund
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located adjacent to or across from residentially-zoned property, which operated as of July
10, 1995 and which do not have a valid conditional use permit or development review
permrt, close the operation of them drive-up window between the hours of 10 OOpm to
7 OOam unless and until a conditional use permrt is obtained Further, the proposed
amendment would also require ex+sting drive-through restaurants located adjacent to or
across an alley €rom residentially-zoned property, which were in operation as of July 10,
1995, and which have valid condi#ional use permits or development review permits cease
the operation of their drive-up window between the hours of 10 OOpm to 7 OOam as of May
1, 1998 unless a new conditional use permit is obtained Finally, the proposed amendment
contains a provision which would allow the Planning Comm+ssion, in granting a conditional
use permit as provided for above, to impose such conditions of approval as necessary to
ensure that the late-night operation of the drive-up window is not detrimental to the
adjacent residential properties
GENERAL PLAN CONFORMANCE
The text amendment contained in the proposed ordinance is consistent with policies
contained m the Land Use Element of the General Plan In particular, Land Use Element
Obtective #1 2 calls for act+ons to "Ensure compatibility of ad}scent land uses, with
particular concern for protecting residential neighborhoods " In response, Land Use
Element Policy #1 2 4 states "Limit the number or control the loco#ion or otherwise
mitigate the impact of commercial uses such as alcohol outlets, gas stations, auto repair
shops, auto parts stores, 24-hour markets, fast food establishments, enterkainment uses,
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video arcades, and restaurants over 50 seats in those areas where an over-concentration
of the use would have, or the operat+on of such uses might have, an adverse impact on the
surrounding neighborhood While making provisions for appropriate mitigation measures,
insure adequate opporturnties far service businesses, ~ncludmg gas stations, auto parts
stores, auto repair shops, and inexpensive restaurants "The text amendment will serve
to reduce the adverse impacts that occur to neighborhoods and residential land uses
whECh are adtacent to fast food restaurants by requiring drive-through restaurants located
adjacent to or across an alley from residentially-zoned properties to obtain a conditional
use permi# for the late-night operation of the drive-up window
The text amendment contained in the proposed ordinance is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Class 5 of the
City of Santa Monica Guidelines for the Implementation of CEQA
CONCLUSIONS
The text amendment contained in the proposed ordinance will allow the Planning
Commission, and the City Council on appeal, to conduct a public hearing and approve a
conditional use permEt with appropriate conditions of approval for existing drive-through
restaurants (which were in operation as of July 10, 1995) located adtacent to or across an
alley from residentially-zoned property and which are presently allowed to operate a dnve-
up window after 10 OOpm or before 7 OOam to continue to operate the drive-up window
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after 10 OOpm or before 7 OOam The conditions of approval of the conditional use permit
can act to minimize the adverse impacts of the late-night operation of the drive-up window
on any adjacent or nearby residential properties
BUDGETIFINANCIAL IMPACT
The proposed ordnance will have no budget ar financial impacts
MM NDATI N
It is recommended that the City CouncEl conduct a public hearing and introduce for first
reading the proposed ordinance contained m Attachment A based upon the following
findings
FINDINGS
1 The text amendment contained in the proposed ordinance is consistent in principle
wit#~ the goals, obtectives and policies, land uses and programs of the City's General Plan,
specifically with Land Use Element Objective #1 2 and Policy #~ 2 4 by working to insure
that fast food establishments are available to serve the people of the City at the same time
hour limitations and other conditions of approval are imposed through the conditional use
permit process to reduce the adverse impacts of such land uses on adjacent residential
properties
2 The public health, safety and general welfare requires the adoption of the proposed
ordinance in order to provide needed services to the public and at the same time preserve
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the quality of life in adjacent residential areas
Prepared by Suzanne Frick, DErector
David Martin, Actang Senior Planner
Paul Foley, Associate Planner
Planning and Community Deve{opment Department
City Planning Division
Attachment A Proposed Ordinance
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ATTACHMENT A
CA;f:~atty~muni\laws\mhs~cupwin.3
City Council Meeting i1-26-96 Santa Monica, California
ORDINANCE NUMBER (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 City Council 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, 199G 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 amendment is consistent in principle with the goals,
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objectives, policies, land uses, and programs specified in the
adopted General Plan, specifically Land Use Element Objective 1.2
which calls for actions to "ensure compatibility of adjacent land
uses, with particular concern for protecting residential
neighborhoods," and Land Use Element Policy 1.2.4 which states
"limit the number or control the location or otherwise mitigate
the impact of commercial uses" such as "fast food establishments''
in areas where operation of such use might have an adverse impact
an the surrounding neighborhood, while insuring adequate
appartunities far inexpensive restaurants; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that the
proposed amendment balances the need to make commercial services
available to the public and the need to preserve the quality of
life in adjacent residential areas;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONrCA DOES ORDAIN AS FOLLOWS:
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SECTION 1. Section 9.04.14.090 of the Santa Monica Municipal
Cade 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 ~ J r ~ . •. ~~.••
1 ~ . , E~- • .; • r .~ r•~~•••-r 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 ~.c~ii~ia%cii% wii.ii %iiC yvaia, vujc~:iivG~, aiiu
~.~li4i~~ ~f :.~~~ ~~~a~ral Plan. 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;
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3rttl to any s:. ~ ~ _ ~; rest=,~.L 7f ~ or 1~... h?~" :-.
expansion of more than ten percent of the gross
floor area or increase of more than twenty-five
percent of the number of seats i~~ a1~Y such cr i~%iiiy
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(b) Hours of ~peratian. 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.
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(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 far 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
buszness 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 nat be located within
thirty feet of any residential district ar any
property used far residential uses.
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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 No. 1868(CCS) is hereby repealed.
SECTION 4. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions ^f 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
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
uncanstitutional.
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SECTION 6. The Mayar shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause this ordinance, ar 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:
MARSHA JONE~`MOUTRIE
City Attorney
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