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SR-102296-8APCD CPD DM PF f Ippolsharelccrepartlamend180 Councif Meeting October 22, 1996 TO Mayor and City Council FROM City Staff Santa Monica, Cal~fornia SUBJECT Recammendation to Adopt an Interim Ord~nance Amending Interim Ordmance No ~ 806 (CCS) Requinng Dr~ve-In. Drave-Through and Fast Food Restaurants Located Ad~acent to Residentially Zaned Properties to Obtain a Condit~onal Use Permit far Specified Dr~ve-Up W~ndow Hours of Operation and Declaring th~ Presence af an Emergency and Recammandation for the Counal to Adopt a Resolutron of lr~tentior~ D~recting the Planning Commissian to Initiate a~ Amendment ta Municipal Code Section 9 04 14 090 Containing Special Condittons for Dri~e-Through Restaurants INTRODUCTION This staff repor# recommends that the CEty Council adopt the attached Interim Ordmance which wauld amend ~nterim Ordinance No 1806 The amendment to Intenm Ordinance No 1806 wauld remove the requirement that, as of May 1, 1998, the dr~ve-up wir~dow operation of a dr~ve-through restaurant cease ent~rely between the hours of 10 ~Opm to 7 OOam and wou~d remove the prov~sion #hat wai~es fees for the Condit~onal Use applicat~on authorized by the Ordinance Th~s staff report also recommends that the City Council adopt the accompanying Resolut~on of intention directEng the Plannmg Gommission to in~tiate an amendment ta the Zan~ng Ordinance, Seetion 9 04 14 090 i OCi 2 21996 BACKGROUND Text Amendment At its September 20, 1994 and March 14, 'l995 meetings, the City Council heard testimony from residen#s livir~g ad~acent ta and in the vicEnity af fast food restaurants with drive-up window operat~ons whose quiet en~oyment and n~ghttime rest had been repeatedly disrupted by no~se associated with the late-night operat~on of the dr~~e-through windows Some a~ these fast food restaurants da not have a discret~onary permEt from the City and ha~e no limits on the hours of operation o~ theEr drive-up windows As such, tF~e impact of late-n~g~t operation of dr~ve-up wir~dows on neEghbvrs in these locations have not been considered in a public heanng and any appro~r~ate cor~ditions whECh m~ght lessen the ~mpact for t~e late-nighi operations b~en ~r~acted as a conditior~ of pro~ect approval Pend~ng the implemer~tation of perman~nt changes to the Zon~ng Ordmance, the Council on Apr~l 11, 1995 ado~ted Interim Ord~nance No 1794 wF~ich provided a mechanism, on ~n ~nterim basis, to allow the ~mpact of late-night operation of dnve-up window operatians to be considered, and conditions be approved if appropr~ate The provis~ons of this ~nterim ~rdmance were extendec~ by Int~rim Ordinance No 1806 on June 13, 1995 Inter~m Ordinance No 1806 proh~bEts any dnve-ir~, drive-through, fast ~ood or take-out restaurant which currently daes nat have a valid cor~dit~onal use permit or development review permit and which is lacated ad~acent to or separated by an alley from any residentially zoned property ta operate a drive-up window between the hours of 10 OOpm to 7 OOam unless the dri~e-thraugh restaurant has rece~~ecf a conditional use permit 2 City staff is recommendmg that two pro~isions of Interim Ordinance No 1806 be amended thraugh the attached Interim Ord~nar~ce 1} the pro~ision that reqwres that as of May 1, 1998, #he drive-up window operation af a drive-through restaurant cease ent~rely between the hours af 10 OOpm to 7 ~Oam, ar~d 2] provision that waives fees far the conditiona! use permit appE~cation authonzed by the Intenm Ord~nance The remainder of the Inter~m Ord~nance No 1806 woufd be unchanged The result of these modifications wou[d be that all drive-up w~ndow operations of drive-through restaurants sub~ect to tf~is Interim Ordmanc.~ will still need ta obtain a condit~anal use permit for dri~e- up window operations between the hours of 10 OOpm to 7 OQam Resolution of Intention in addition to the ~roposed Interim Ordmance, Staff ~s recommending the Counc~l initiate the process ta amend the Zonmg Drd~nance to im~leme~t new standards ~or dr~~e-through restaurants The recommended amendment would require that ex~sting drive-up restaurants, whfch operated as of J~ly 1Q, 1995 and wh~ch do nat ha~e a ~alid conditional use perm~t or de~elopment re~iew permit, close the op~rat~on of their drive-up window between the hours of 10 OOpm #0 7 OOam unless and until a conditional use permit is 3 obtained Further, ti~e proposed amendmer~t wo~ld also require existmg dnve-throug~ restaurants, which were in operat~on as of July 1 p, 1995, and wh~ch have valid conditional use permits or development rev~ew ~ermits cease the operation of the~r drive-up wmdow betweer~ the hours o~ 10 OOpm to 7 OOam as of May 'C ,~ 998 unless a new conditional use perm~t is obtair~ed Finally. the proposed amendment contains a provision whic#~ would allow the Planning Commission. in granting a condEtional use perm~t as provided far above, to impose such cond~tions af approval as necessary to ensure that the late-night operation af the dri~e-~p wEndow is not detrimer~tal da the ad~acent res~dentiaf propert~es BUDGET/FINANCIA~. IMPACT Th~ proposed Interim Ord~nance and Resolution of Intention wil~ ha~e no budget or financial impacts RECQMMENDATIQN Ik ~s recammended that the City Council adopt the attached Interim Ordinance and ResoEutian a# Intent~fln Prepared by Suzanne Fnek, Director Dav~d Martin, Acting Senior Planr~er Pauf Faley, Assoc~ate Planner Planning and Community Development Deparkment C~ty Plann~ng D~visior~ Attachment A Proposed lnterim Ordinance B Proposed Resolution of Intention 4 ATTACHMENT A , CA:f:~atty~muni~laws~mhs~foodmod City Council Meeting 10-22-96 Santa Monica, Ca~ifornia ORDINANCE NUMBER 1868 {CCS} (City Cou~cil 5eries) AN ORDINANCE OF THE CITY COUNCIL aF THE CITY OF SANTA MaNICA AMENbING INTERTM ORDINANCE NQ. 1806 {CCS) REQUiRING DRZVE-IN, DRTVE-THRDUGH AND FAST FOQD RESTAURANTS LOCATED ADJACENT TO RESIDENTiALLY ZONED PR~PERTIES TO OBTAIN A CONDITIONAL USE PERMYT FOR SPECIFIED DRIVE-UP WINbOW HOURS GF OPERAT~QN aN AN TNTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL QF THE CITY OF SANTA MONIGA DOES Q1~DAIN AS FDLLOWS: SECTIoN l. F~nainas and Purnose. ThE City Council f inds and declares~ {a) At its September 20, 199~ and March I4, 1995 meetings, the City Council heard testim~ny from residents living adjacent to and ~n the vicinity of fast faod r~staurants with drive--up windaws whose quaet en~oyment and nighttime rest have been repeatedly disrupted by ~he noise associated with the late-night operati~n of the driv~-up windows. (b} Some fast ~aod restaurants located adjacent to residentially zoned properties do not have limits on the hours of operation of the dri~e-up windows. Since these uses have not previously received a discretianary permit from the City, the impact of ~ate night operation of dr~ve-up windows ~n neighbors in 1 r such locations has not been considered in a pub~ic hearing, nor have appropriate cond~tions which might ~ess~n such impact been enacted as a condition of project approval. fc} Pendir~g the imp~ementatian of permanant changes to the Zoning Ordinance to ensure the public health, safety, and welfare of impacted residents, it is necessary to pravide a mechanism, on an interim basis, which wil~ allow the impact of late night drive- up window operations to be considered, and conditions to be approved, if appropriate. On April 11, 1995, the City Council adopted flrdinance No. 1794 (CCS) to accomplish this objective. On June 13, 1995, the Cauncil adapted Ordinance No, 1805 (CCS), extendirtg the pravisions of Ordinance No. 1794 (CCS)_ These ordinances prohibit any drive-in, drive-through, fast food or take- out restaurant which current~y does not have a valid conditional use permit or development review permit and which is located adjacent to ar separated by an a~ley from any residentia~ly zoned property (hereinafter "drive-through re~taurant") to operate a driva-up window between the haurs of 1~:00 p.m, and 7:00 a.m., unless such drive-throuqh restaurant has applied for and been granted a conditional use permit. (d) Th~ Council now wishes to modify the provisions of Ordinance No. 1806 (CGS) ta remove the r~quirement that, as af May 1, 1998, the drive-up window operation of a drive-thraugh restaurant cease entirely between the haurs of 10 p.m. arid 7 a.m., and to remove the prvvisian waiving fees far the Conditional Use Permit appla~catian authorized by the Ordinance. The remainder af 2 [ the ordinance will be unchanged. The result of this madificatian wi~.]. be that all drive-up window operatians of drive-through restaurants will stil~ need to obtain a Conditional Use Permit if drive-up window operations are to be canducted between 10 p.m. and 7 a.m. (e) Cancurrently with the adoption af this Tnterim Ordinance, the Cauncil is cansidering adoption of a Resolution of Intention, directing the Planning Commission to initiate amendments to the Zoning ordinance which would ~ncorporate the provisions of this Int~rim Ordinance into the City's Zoning Ordinance. (f) As set forth above, there exists a current and immediate th~eat to the public health, safety, or welfare from the continued operation of drive-up windows adjacent to residentiaZly zaned parcels; and the maintenance of any such operatians in exist~ng businesses inconsistent with the standards af th~s ~nterim Ordinance would result in a threat ta public health, safety, vr welfare. SECTTdN 2. Prohibited ~nerations. After July ~0, 1995, it shall be un~awfu~ for any drive-in, drive-thraugh, fast f~od vr take-aut restaurant which current~y does not have a valid conditional use permit or development review permit and which is ~acated adjacent to or separated by an alley from any residentially zoned property (hereinafter "drive-through resta~rant") to aperate a drive-up window between the hours of 10:00 p.m. and 7:00 a.m., unless such drive-through restaurant has applied for a conditianal 3 r , use permit pursuant to Section 3 of this Ordinance. After the Conditional Use Permit has been appraved, approved with conditions, or denied, it shall be unlawful for any drive-through restaurant to operate its drive-up w~ndow except ~n accordance with such approval or denial. SECTION 3. Conditional U~e Permit. The Conditional Use Permit, if approved, may authorize the drive-up window of a drive- through restaurant ta operate during specified haurs between 10 p.m. and 7 a.m., if the findings cantained in Santa Monica Municipa~ Code Section 9.04.20.12.04a(a) through (j) can be made in an affirmative manner. Yn granting a~onditianal Use Permit, the Planning Commission, or City Council on appeal, may impose such conditions as are necessa~y to insure that the autharized drive-up wind~w operati~n is not detrim~ntal to surrounding praperties or residents by reasan of liqhts, noise, activities, parking or other actions. Except as provided above, the Conditional Use Permit shall be processed substantia~ly in accordance with Part 9.04.2D.12.010 of the Municipal Cade. SECTION 4. Any pravisian of the Santa Monica Municipal Cade or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to that extent necessary to effecte~ate the provisions of this Ordinance. 4 ~ SECTION 5. This Ordinanee shall be of no further force or effect after May 1, 1998, unless extended in the manner r~quired by law. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinanc~ is for any reason held to be invalid or uneonstitutional by a decisivn of any court af any campetent ~urisdiction, such decisi.on shall not affect the vaZidity of the remaining portions of this Ordinance. The City Council hereby dec~ares that it would have passed thi.s Ordinance, and e~ch and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without re~ard to whether any portion of the ~rdinance would be subsequently decla~-ed invalid ar uncanstitutional. S~CTION 7. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter and Section 9.04.20.16.060 of the Santa Monica Mun~cipal Gode. xt is necessary for preserving the public health, safety, or welfare, and the need far its adoptian is set farth in the ~'indings and Purpose Section abave. 5 s s SECTION 8. The Mayvr sha11 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 adaption. This Ordinance shal~ be effective upon its adoption. APPR~VED AS T~ ~'ORM: ~ MARSHA J0~ S MOUTRIE City Atto ney 6 ~ ~C~ - ~ 1~Tavor State of Cali~ornia ) County of Los Angeles ) ss Grty of Santa ~~on~ca ) T, I~Iarra ~•I Ste~~.~art, Cit~~ Cierk o~the Cit;~~ of Santa 11'[onica_ do hereh~~ cert~f~~ that the foregoing ~rdinance No I868 (GCS} ~.ti=as introduced and adopted on 4ctober 22_ ~996 and ti~;~as passed b~- the followin~ vote ~ves Counc~l members ~.bdo, Ebner. Genser, GreenberE_ Holbrook_ O'Connor; Rosenstein `oes Caunc~l mesr~~ers ltiane ~b~tain Council members l~one ?~bsent Council members ~ione ~TTEST .~ ~ ~ Cit~- Clerk A'~'TAC B f:atty\muni`laws\mhs~txtamend.res City Council Meeting 1D-22-96 Santa Monica, Califarnia RESOLUTION NUMBER9046 (CCS) (City Council Se~ies) A RESOLUTION OF INTENTION OF THE CTTY CQUNCIL OF THE CITY OF SANTA MONICA D~RECTiNG THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO SECTION 9,a4.14.090 OF THE SANTA MONICA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1.. Pursuant ta 5anta Monica Municipal Cade Sectian 9.04.20.16.~1Q, the City Council does hereby direct the Planning Commissi~n to initiate an amandment to SectS.on 9.04.14.U90 of the Santa Monica Municipal Code regarding drive up window operatlons of existing fast food restaurants located adjacent to or separated by an alley from any residentially zoned property, as set forth in Exhi}ait A, attached ta this Resolution. SECTION 2. The City Clerk sha11 certify to the adoption af this Resolution, and thencefarth and thereafter the same shal~ be in full force and effect. APPROVED AS TO F~RM: ~ ~r ~ MARSHA J S MOUTRIE City Attorney ~,dopted and approved tlvs 22nd oF Octaber. 1996 ~i~ Mayor I hereb~~ cert~f~ that the foregoing Resol~taon 9096(CCS) was duly adopted at a meeting of the Crt~~ Counc~l held on the 22nd of October, 1996 bv the followmg vote ~~~~es Councilmembers Abdo_ Ebner , Genser, Greenberg , HolbFOOk, O'Connor, Rosenstein l~oes Counc~lmembers None ~b~tain Council~nembers I~one ~bsent Councilmembers Itane ~TTEST ~ ~ ~~~~~ ~ c~t~ c~~~b 9.04.t4.090 Drive-in, drive-throuqh, fast-food, and take-out restaurants. The purpose of this Section is to ensure 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 neighborhoads by reason of custom~r and employee parking demand, traffic generation, noise, light, litter, or cumulative Ympact of such demands in one area, consistent with the g~als~ objectives~ and policies of the General Plan. The follawing special canditions shall apply to drive-in, drive-through, fast-food, and take-aut r~staurants: (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 developmant standards of the underlying district and with thi~ Section. The provisions of this Section shall apply to all new drive-in, dr~ve-through, fast food, and take-ou~ r~staurants and ta any expansion of more than ten percent ~f the gross floor area ar increase of more than twenty-five percent of the number of seats in anv such existina +~ •.... " . ..~ .. . _.....~ . aaa:~~....,.....ii ....... :~ ~~"' ~ 1 .J ~~ -.i. 'e l L34.iLi141Vi14.4ir / ~-r ~~ ,ti..~ ..}, ~i.. ~, ~~1~, ...~~~.. .~.,.«... ..,~ ; ~.: ~._..~. . ~,~..,, ~..~~.~.., ~~ ....,~......~....., . t...~ ~~..., , ~,~,,. ~w ~::: d~ ~.. _~.. 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The minimum lot size shall be ten thausand squar~ feet. (d) Driveways. Drive-in and drive-through restaurants shall have double driveways in all instances and these dr~.veti•rays shall have space for at least six vehicles waitzng for s~rvice. (e) Parking. A parking and vehicular circulat~on plan encompassing adjo~ning streets and alleys shall be submitted for review and approval by the Parking and Traffic ~ngineer prior ta approval of a Conditional UsE Permit. (~y Refuse Storage Area. A minimum of one outdoor trash rec~ptacle shall be provided on-sit~ adjacent to each dr~veway exit. At least ane additianal on-site outdoor trash receptacle shall be provided for 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 af three hundred feet of the property at least once per business day. (h) Equipment. No noise generating compressors or other EXH~[B~TA such equipment shall be placed on or nea~ the property line adjoining any residential distric~ or any property used for residential uses. (i) Noise. Any drive up or drive through sp~aker system shall emit no more than fifty decibe~s four feet between the vehicle and the speaker and shall not be audible above daytime ambient naise levels b~yond ~he property boundaries. The system shall be designed ta compensate far ambient noise levels in ~he immediate area and shall not be located within thirty feet of any residential district or anv pro~ertv used for residential uses. ' ~ •',: ~ a :~ ~ . T f ~ .. •• ~l' l . ` F~' 1 ~ .,f • . C I :'~' • ' I . ' . . ~, ti; ~. ; .r•- ... _;r i•:~ - • .- . :-.. . .. r .. : ..r ' i~ ~ . .. ~ --~ . . - • . •i . , • . • I . , . 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