SR-400-005-012 (5)
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CA RLF:SSS:dd~
Counc~l l'feeting 04-22-80
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Santa Monica, Cal~forn~a
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S'i'AFP REPORT
TO:
Mayor and C~ty Counc~l
FROM:
City Attorney
SUBJECT:
Restaurant Parkina Ordinance.
INTRODUCTION
Th1S report transm~ts an ordinance establ~shing
a s~ngle parking standard for all restaurants ana requ1r1ng
a conditional use permit for dr~ve-1n, dr~ve-through, take-out,
and fast food restaurants.
This ord1nance was aporoved by
the Plann1nq Commission on December 3, 1979,
It has not been
prevlous1y cons~dered by the Council.
A..l':J'ALYSIS
The proposed ord1nance amends the zonlng laws 1n three
respect s .
Its intent is to permit drive-1n, take-out, or
fast food restaurants ~n the C4 Zone, subject to the issuance
of a condltional use perm1t.
Section 1 of the ordinance amends Sect~on 91l7A(5) of
the Munici?a1 Code, which permits drive-in restaurants ~n the
C4 Dlstr~ct. The terms "dr1ve-~n or drive-through", "take-out"
and "fast food" restaurants are def~ned. The amendment
recognizes that a restaurant ~ay ~nvolve a co~b1natlon of uses,
and provldes that ~f take-out sales are lncldentlal or occaslonal
the restaurant is not considered a take-out restaurant. The
amendment requires_a use permit for affected restaurants.
Section 2 of the ord~nance amends Section 912F(1)B
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by elirn~nat~ng the d~st~nction between restaurants hav~ng
more than 50 seats and those that do not, and requir~ng
one off street parking space for each five seats of seatlng
capacity for all restaurants.
Section 3 of the ordlnance adds subsectlon 11 to Section
9146 of the Munlcipa1 Code thereby permittlng the Zonlng
Admlnistrator to grant a use permit for restaurant uses
deflned In Section 1.
ALTERNATIVES
The Counc21 may adopt, reject, or Modify the proposed
ordlnance.
RECO~ffiNDATION
It is respectfully recommended that the Counell
introduce the attached ordinance for first readlng.
Prepared by: Stephen S. Stark
Charles J. Post
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ORDINANCE ~O.
(Clty Council Serles)
AN ORDI~ANCE OF TF~ CITY COUNCIL
OF THE CI~Y OF SANTA MONICA RELATING
TO PARKING REQUI~lENTS FOR RES-
TAURANTS AND USE PER~1IT REQUIREMENTS
FOR DRIVE-IN, D~IVE-THROUGH, TAKE-
OUT AND FAST FOOD RESTAURfu~TS.
WHEREAS, the Clty Councll has recelved and consldered
tne report of the Plannlng Comrnisslon, ann complied w~th
Section 9149 of the Municipal Code regarding amendMents to
the zonlnq regulatlons: and
WHEREAS, the current parking requlrement for restaurants
WhlCh dlfferentiates between those having less than 50 seats
and 50 seats or more has resulted in problems lnvolving
parking, congestion and traffic by reason of a prollferation
of small restaurants without adequate parking; and
WHEREAS, trafflc statlstlcs lndlcate that certain types
of food estab11shments, speclfically drlve-in, dr~ve-~~rough,
take-out and si~ilar fast food type operations can generate
traffic substantlally greater than most other comroerclal uses
of comparable floor areai and
I~REAS, good zoning practlce, sound communlty plannlng
and the public interest would best be served by a slngle
parking standard for all restaurants regardless of Slze and
the control of the fast food type ooeratlons bv the Use Perm~t
procedure: and
~lliEREAS, the oubllC necesslty, convenlence, general welfare
and good zon~ng ?raC~lCe requlre the proposed amendme~t.
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THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA
DOES HEREBY ORDAIN:
SECTION 1. Section 9117A(5) of the Mun1ciDal Code
15 amended 1n ~ull to read as follows:
(5) ~r~ve-~n, drive-throuqh, take-out, or fast
food restaurants, subJect to the issuance of a use permlt
lssued under Section 9146.
a. A drive-in or drive-through restaurant is
one in which customers are served food ln their vehlcles
and may consume lt either on or off the premlses.
b. A take-out restaurant is one in WhlCh
customers consume the food purchased off the premises.
c. A fast food restaurant is one ln which the
typical customers purchase and consume their food on the premlses
wlthin tr~rty ninutes.
d. A restaurant may be a comblnat1on of drive-
ln, drive-through, take-out, or fast food type. If take-out
sales are lncidental or occaslonal, the restaurant shall
not be considered a take-out restaurant.
SECTION 2. Sect10n 9l29F(1)B LS amended by repealing
the except~on reading "Restaurants having ~ore than flfty
{50) seats of seatlng capacity" and substituting the followlng:
Restaurants: one (1) park~ng space per each
available f~ve (5) seats of seat~nq capaclty.
SECTION 3. Sectlon 9l46A(11) of the llunlcipal Code is
added to read in full as follows:
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Drlve-ln, drlve-through, ta~e-out, or fast food
restaurants may be permitted ln the C-4 Distrlct.
SECTION 4. Any prov~sion of the Santa ~onica Mun~cipal
Code or appendlces thereto lnconsistent therewlth, to the
extent of such lnconsistencies and no further, are hereby
repealed or modlfied to that extent necessary to affect the
provlsions of thlS ordinance.
SECTION 5.
If any sectlon, subsection, senLence, clause,
or phrase of this ordlnance is for any reason held to be
lnvalld or unconstltutlonal by a deClslon of any court of
any competent jurisnlctlon, such decision shall not affect
the validlty of the reMaininq portions of the ordlnance.
The Clty Cauncll hereby declares that it would have passed
this ordlnance and each and every section, subsectlon,
sentence, clause or phrase not declared invalld or un-
const1tutlonal without reaard to whether any portlon of
the ordlnance would be subseauently declared lnvalld or
unconstltutlonal.
SECTION 6. The Mayor shall Slqn and the City Cler<
shall attest to the passage of th~s ord~nance. The Clty
Clerk shall cause the SaMe to be publlshe~ once ln the offlclal
newspaper wlthin fifteen (15) days after its adootlon. The
ordinance shall become effectlve after thirty (30) davs
fre.m its adoptlon.
~PROVED AS TO"j1-~:
(11J--~J-. l. ~~!V~
RICHARD L. KNICKERBOCKER
CJ.ty Attorney
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