SR-102296-8APCD CPD DM PF
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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
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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
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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
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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
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,
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.
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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.
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s
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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
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~
~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 +~ •....
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(b} Hours of Operation. When located ~n a site adjacent to
ar separated by an al~ey from any residential.ly zoned propertiy, a
drive-in, drive-through, fast food, or take-out restaurant shall
not open prior to seven a.m. nor shal~ it remain open after ten
p.m.
(c) Minimum Lat Size. 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.
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