SR-8D (10)
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FEBRUARY 13. 1995
TO: MAYOR AND CITY COUNCIL
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FROM: RESIDENTS ON 815 GRANT ST. NEXT TO JACK IN 1HE BOX ON LINCOLN
RE' ORDINANCE REGULA TING OPERATING HOURS OF DRIVE UP WINOOWS OF FAST FOOD
RESTAURANTS.
DEAR MEMBER:
ON TUESDAY FEB. 14TI1 ,1995 YOU ARE GOING TO VOTE ON THE NEW ORDINANCE
REGULATING HOURS'ON TIlE FAST FOOD RESTAURANTS. WE ALL HOPE THAT YOUR VOTE
WILL BE AFFIRMATIVE TO TInS FAIR AND NOBLE CAUSE WlDCH WILL NOT TAKE ANY1HING
AWAY FROM THESE RESTAURANTS.
PLEASE BE AWARE AND NOT BE FOOLED BY RESTAURANT OWNERS' CLAIM OF LOSING
BUSINESS. THEY WIT.r. BE STILL OPEN AND CUSTOMERS CAN SIMPLY GO IN AND PLACE TIfEIR
ORDERS.
WE HAVE READ CIlY A lTORNEY'S RECOMMENDA nON AND mAT IS SHOCKlNGI
WHAT HAPPENED TO THE PUBLIC OOMAIN LA wrrn
WHAT HAPPENED TO TIlE PUBLIC HEALlH, SAl"tHY, AND WELFARE OF TIlE RESIDENTS LIVING
NEXT TO THESE ESTABLlSHMENTS?11?
HOW COULD ANYONE ASK HUNDREDS OF RESIDENTS LIVING NEAR THESE RESTAURANTS
SUFFER EVERY SINGLE NIGHT JUST FOR AN OWNER TO MAKE AN EXTRA BUCK??!!
DO YOU REALI;. Y CALL THIS n FAIR BUSINESS PRACTICEn?
BE FAIR
BE PRO BUSINESS
BUT DO NOT TAKE A WAY OUR SIMPLE RIGHTS TO HAVE A PEACEFUL NIGHT AND CLEAN
NEIGHBORHOOD
WE ALL HAVE FAITH IN YOU.
FRED BAKSHANDEH 815 GRANT STREET SANTA M6NICA, CALIFORNIA, lEL. 450 - 8115
CHRISTINA AND KEITH REIIL Y: ............mnmJ.....~.....I..l.UI._..:~::::::..............m_._n"".nn
ANGEL KAtdP AND BRANT CARPENTER: .........nnn............n....nnnn...;;;:;:;:n"nn..nn..nn
SAMI SPADAFORE & KENNE1H REILLY' nn..nnn..nn.....nnnn..nnn..nn.,n....n'"'nn..
JAMES E. KA.FKA : ....... .........................__...........00..............1.............................. ........ .J.... ...n....n..nn
EDDIE GILLIS: ,m:::.m..m..::~m.:......_.................n..........m........m.........................n.....I..:..........n..
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SAMUEL JOllNSON: ::",,:~.........................................._n;.....;;..:;:::;:;;;;::::;;;:;;::::;;::;::::;;;:::...nnnnn"nn
PAUL VAN NEIL : ;;;;;;.......................;;;.;;::;;:;.::;;;.:;;;;;;............;.;.::;;;;..:;;.;;;...;;;:.:;..:::;:;.............n....n
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ATTACHMENT G
CITY (J r
SANTA MONICA
CALIFORNIA
OFFICE OF THE CITY ATTORNEY
WRITERS DIRECT DIAL NUMBER
(10)458. 8336
FAX # (10) 395-6727
November 9, 1995
SBJrl' VIA TBLBCOPZBR
(213) 620-1398
Jack Rubens
Sheppard, Mullin, Richter & Hampton
333 S. Hope street, Forty-Eighth Floor
Los Angeles, California 90071
Re: Jack-In-The-Box
2423 Wilshire Boulevard
2025 Lincoln Boulevard
Dear Jack:
I am writing in response to your letter to Paul Foley dated
November 2, 1995 and as a follow up to our conversation on
November 3, 1995 regarding the above-referenced restaurants. In
your letter, you request that the conditional use permit (CUP)
applications submitted for these two restaurants and accepted as
complete on september 20, 1995 be amended to request 24 hour
operation of the drive-up window instead of operation from 6:00
a.m. through 1 a.m. (and until 3:00 a.m. on Fridays and Saturdays
at the Lincoln Boulevard location). As you know, these matters
are both scheduled to be heard by the Planning Commission on
Nov~lIIber 15, 1995. In order to meet Zoning ordinance notice
requirements, notices to the surrounding property owners were
already prepared and mailed prior to receipt of your letter.
Those notices specifically describe the hours of operation
previously requested. For that reason, it will not be possible
for the Planning commission to consider your amended request for
24 hour operation at the November 15, 1995 hearinq. I am also
informed by Planning and Zoninq that your client has twice
requested delay of the scheduled hearing dates and has been
accommodated in this fashion.
CITY HALL. 1685 MAIN STREET. SANTA MONICA, CALIFORNIA 90401-3295
Jack Rubens
Sheppard, Mullin, Richter & Hampton
November 9, 1995
Page 2
Should the Planning Commission approve CUP(s) authorizing
extended hours of operation of the drive-up window component at
the hearing on the 15th, your client can then determine whether
it still wishes to apply to amend its CUP t& allow 24 hour
operation. Such an application would be scheduled to be heard at
a later date.
You also stated that the applications should be considered
amended to request that no durationa1 limitation be imposed on
the hours of operation notwithstanding Ordinance N~mher 1794(CCS)
as extended by Ordinance Numher 1806(CCS). The 1998 termination
date for specified drive-up window operations after 10 p.m. and
before 7 a.m. is also embodied in Zoning Ordinance Section
9.04.14.090. The Planning Commission is without authority to
vary those provisions of law. However, your client :may file an
application to amend the provisions of the Zoning Ordinance in
accordance with the procedures set forth in Part 9.04.20.16 of
the Zoning Ordinance. I would be happy to provide you with a
copy of these provisions if you do not already have them, or you
can purchase a copy of the Zoning Ordinance from the Planning and
Community Development Department.
Let me know if you have any further questions.
Very truly yours,
~~
Mary Strobel
Deputy City Attorney
cc: Paul Foley
Karen GinSberg
Suzanne Frick