SR-400-005-012 (4)
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Council Heeting 04-22-80
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Santa Monica, Callfornia
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STAFF REPORT
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MAY 1 3 1980
TO:
Mayor and Clty Council
FROM:
City Attorney
SUBJECT:
Restaurant Parklng Ordinance.
INTRODUCTION
This report transmits an ordinance establishlnq
a slngle parklng standard for all restaurants ana requlrlng
a conditional use permit for drive-ln, drive-through, take-out,
and fast food restaurants. ThlS ordlnance was a~proved by
the Planning Commission on December 3t 1979. It has not been
previously consldered by the Council.
ANALYSIS
The proposed ordlnance aMends the zonlnq laws In three
respects. Its lntent is to permit drive-ln, take-out, or
fast food restaurants in the C4 Zanet subJect to the lssuance
of a conditional use permit.
Sectlon 1 of the ordlnance anends Sectlon 9ll7A(5) of
the ]\1unlcipal Code, WhlCh per:rl.lts drive-ln restaurants in the
C4 Dlstrict. The terms '"drlve-ln or drlve-through", "take-out"
and "fast food" restaurants are deflned. The amendment
recognlzes that a restaurant ~ay lnvolve a comblnatlon of uses,
and provldes that If take-out sales are incidentlal or occaslonal
the restaurant lS not consldered a take-out restaurant. The
amendment requires a use permlt for affected restaurants.
Section 2 of the ordlnance amends Section 9l2F(1)B
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MAY 1 3 1930
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by elimlnat~ng the dlstinctlon between restaurants havlng
more than 50 seats and those that do not, and reqUlring
one off street park1nq space for each five seats of seat~ng
capacity for all restaurants.
Sect~on 3 of the ordlnance adds subsection 11 to Seetlon
9146 of the Munlclpal Code thereby permltting the Zonlng
Admlnistrator to grant a use permlt for restaurant uses
deflned ln Seetlon 1.
ALTERNATIVES
The Council may adopt, reject, or modify the proposed
ordlnanee.
RECOH11ENDATION
It is respectfully recommended that the Council
introduce the attached ornlnance for first reading.
Prepared by: Stephen S. Stark
Charles J. Post
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PROTEIN GALORE'S
HEALTH-ON-THE-RUN, INC
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11685 GORHAM AVENUE, SUITE THREE
LOS ANGELES, CALIFORNIA 90049
{213) 826-7889
IPA SPILKY
Pres.rlert
L1"lDA SPILKY
Sacretary-Treasu rer
May i), 1980
Members of the Santa ~onica City Council
He: Restaurant Parking Ordiance
Text of Public St~tement
& request to be heard
5/13 7:30pm.
Good evening, Mr. Mayor, ladies and gentlemen of the City Council;
my name is Ira Spilky, I reside at 11685 ~orham Ave. in West Los
Angeles. lam owner of P G.s Health On The Run, Inc. a natural
fast food and beverage service located inside the the Sports
Connection Health & Racquetball Club in the Santa Monica Business
Park. Our service is currently restricted to the ~embers of the
club. Some of you on the Council may be aware that we also provide
nat~ral sandwiches for a variety of events to the Civic AudiT-orium.
I am here tonight together with a contingency of 3ay Area Resta~rant
Association members and Santa Monica Chamber restaurant owners, both
chain operated and independently owned to express my opposition
to the proposed parking ordiance,as drafted, which #1 has originated
pri~arilJ because of a spontaneous birth of food service/cocktail
bar operations on Main Street without regard to any exist~ng or
proposed ordiances and #2 does not address itself to the new Santa
Monica Place Mall which will have (8) sit-down restaurants totally
Approx. 40,000 square feet and (22) fast food operators totally
23,000 square feet aside from all of the other retailers requiring
adequate parking space.
I am here first and foremost for the benefit of my own expansion
plans outside of the Santa ~,1onica 3usine as Park on Ocean Park 31 vd.
and secondly for my fellow independent operators who now or in the
future wiSh to expand their operations, but do so with regard to
an environmental and/or parking ordiance they can live with a~d
still accomplish their goals and objectives while not causing any
irreparable harm to the pUblic relative to traffic congestion, etc.
With respect to my own situation, allow me to describe to you the
current Santa Monica Business Park development plan. ~heir are
currentlyapprox. 2000 employees working in the park wlth 1500
daily visitors and 2500 parking spaces. ~heir are (3) restaurants
located in Phase I to serve these custoreers.
ORIGI!\jATORS OF "lATUPAL FAST FOOD & BEVERAGE . CUSTO\~ CATEREqS TO PPIVATE AFl=AIPS
SP:::CIALlZI\iG IN THE 'NORLD'S LAPG<:ST SELECTION OF >-;1 P90TEIN GALORE SHAKES & 9/00T.....IES Over '00 Fiavorful Ccrr'o,'1a+lons"
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PROTEIN GALORE/S
HEALTH-ON-THE-RUN,'NC
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11685 GORHAM AVENUE, SUITE THREE
LOS ANGELES. CALIFORNIA 90049
(213) 826-7889
IRA SPILI(Y
preSident
LINDA SPI LKY
Phase II of the park will have approx. 4000 errployee s with SOO00Treas;Jrer
daily visitors and another 5000 parking spaces including a parking
garage by the Fall of 1980. Their is (1) restaurant in operation
to serve this section of the park.
Need I remind that the develoDers of the Santa Monica E~si~ess
Park dedicated a substantial portion of their ~roperty for a
public park rather than additional commercial/parking space
creating more traffic congestion and an additional environMental
impact. In addition, their is land behind tkeBus~ness Park which
is under consideration for the possibility of additional recreation
usage with only the Santa Monica Airport controversy in its way.
I am requesting that before you approve an ord~ance that will have
a blankett affect on the entire city, you should give serious
consideration to the followi~g two vital factors:
1. Creating an exemption based upon a to be established
formula for a given area depending on the City Master
Plan for that area and relating it to a variety of
public needs -- one of which is food service.
2. Determine. what constitues a vested right exemption for
existing food service . operators ap-d those who are
in the proposed plar~ing stages. This can take into consid-
eration a variety of factors one of which is what is needed
to properly serve a given area's needs. lee Orange County
has been progressive enough to approve a 30,000 square
foot buildin~ in the heart of Knoll Center in ~rvir.e
that houses (12) fast food outlets rather than causi~g
parking and congestion problems with separate units.
3. Finally I suggest forming a committee for this review
with the local Bay Area Resta~rant Association as one
member. I strongly feel this will give the city SOMe
valuable input on what our profession has to offer.
Please understand that my intent is not to ignore the probleTI
because it is a growing one and one that deserves proper attention
before it gets out of hand. However, I also reel that the City_as
a whole,not an isolated area, should receive equal time and consequently
e~~al blame for any fault that has occurred.
I thank you for this opportunity to speak before you tonight and
trust that you will seriously evaluate and consider my thoughts
on the subject along with ~y fellow operators before naking your
fir-al decision.
Rp8TIec-l-fl'11~- vJ:'J~
Ol=llG1NATORS OF NATURAL FAST FOOD & BEv~At;E . "'C'...;s I ufi onE 'To PRIVATE AFFAIRS
SPECI4.UZi,\;G IN T~~ WORLD'S LARGEST SELECTIO"-l OF HI PROTEIN ~ALO~E SHAKE~ ~ S}~ OTI-lIES . C'Je' 100 F'avodL,1 COMClnat.Qn-,"
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ORDINANCE NO.
1157
(City Council Serles)
AN ORDINAKCE OF THE CITY COUNCIL
OF THE CI~Y OF SANTA MONICA RELATIKG
TO PARKING ~EQUIRR~ENTS FOR RES-
TAURA~~S AND USE PE~lIT REQUIRD1ENTS
FOR DRIVE-IN, D~TVE-THROUGH, TAKE-
OUT AND FAST FOOD RESTAURAN7S.
WHEREAS, the City Council has recelved and considered
the report of the Planning Commission, and compIled wlth
Section 9149 of the Municipal Code regarding anend~ents to
the zonlnq regulations; and
WHEREAS, the current parking requirement for restaurants
which differentiates between those having less than 50 seats
and 50 seats or more has resulted in problems involving
parking, congestlon and trafflc by reason of a proliferatlon
of small restaurants without adequate parking; and
vmEREAS, trafflC statlstics lndicate that certaln types
of food establlshments, speciflcally drlve-ln, drlve-through,
take-out and similar fast food type operations can generate
traffic substantially greater than most other cO~uercial uses
of comparable floor area; and
l1HEREAS, good zODlng practlce~ sound cOM~unlty plannlng
and ~he publlc interest would best be served by a slnqle
parking standard for all restaurants regardless of size and
the control of the fast food type ooerations bv the Use Permit
procedure. and
WHEREAS, the oublic necessity, convenlence, general welfare
and good zoning practlce requlre the proposed fu~endment.
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THEREFORE, TIm CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY OP~AIN:
SECTION 1. Section 9117A(5) of the Municipal Code
is amended ~n full to read as follows:
(5) Drive-in, drive-through, take-out, or fast
food restaurants, subJect to the issuance of a use permlt
issued under Section 9146.
a. A drive-in or drive-through restaurant is
one in which customers are served food in their vehicles
and may consume it either on or off the premises.
b. A take-out restaurant 15 one in WhlCh
customers consume the food purchased off tne premlses.
c. A fast food restaurant ~5 one in which the
typical customers purchase and consume thelT food on the pre~ises
within trirty Minutes.
d. A restaurant may be a comblnatlon of drive-
ln, drive-through, take-out, or fast food type. If take-out
sales are inciuental or occasional, the restaurant shall
not be considered a take-out restaurant.
SECTION 2. Section 9129P(1)B lS ru7.ended by repealing
the exceptl.on reading "Restaurants havlng more t'l1an fifty
(50) seats of seatlng capacity" and substi t.utinq the follmn.nq;
Restaurants: one {I} parklng space per each
aval.lable flve {S) seats of seatinq capacity.
SECTION 3. Sectlon 9146A(11) of the !lunicipal Code lS
added to read In full as follows:
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