SR-402-010 (23)
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City Council Meeting: February 12, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action Relating To Appeal of
Conditional Use Permit 95-016 for Jack in the Box Inc. to Operate a Drive-
Up Window in a Fast Food Restaurant at 2423 Wilshire Boulevard for
Extended Hours
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
relating to the appeal of the Conditional Use Permit 95-016 authorizing Jack in the Box
Inc., successor in interest to Foodmaker, Inc., to Operate a Drive-Up Window in a Fast
Food Restaurant located at 2423 Wilshire Boulevard for extended hours.
On December 18, 2001, the City Council approved an Amended Conditional Use
Permit 95-016 for Jack in the Box Inc. to operate a Drive-Up Window in a Fast Food
Restaurant at 2423 Wilshire Boulevard between the hours of 6:00 a.m. to 7:00 a.m.
seven days a week, 10:00 p.m. to midnight on Sunday through Thursday nights and
10:00 p.m. to 1:00 a.m. on Friday and Saturday nights. The City Council’s decision
was based upon the findings contained in the attached Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
Prepared by: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
Attachment: Statement of Official Action
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 95-016
LOCATION: Jack-in-the-Box Restaurant, 2423 Wilshire Boulevard
APPLICANT: Jack in the Box Inc., successor in interest to Foodmaker,
Inc.
APPELLANT: Jack in the Box Inc., successor in interest to Foodmaker,
Inc
CASE PLANNER: Paul Foley, Senior Planner
REQUEST: To operate a drive-up window in a fast-food restaurant
between the hours of 6:00 a.m. to 7:00 a.m. seven days a
week, 10:00 p.m. to midnight on Sunday through
Thursday nights and 10:00 p.m. to 1:00 a.m. on Friday
and Saturday nights.
CEQA STATUS: Categorically exempt pursuant to Class 5 of the State
CEQA Guidelines in that the requested actions involve
minor land use limitations and do not involve changes in
land use or densities.
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CITY COUNCIL ACTION
December 18, 2001 Date.
X Approved based on the following findings and subject to the
conditions below.
Denied.
______________ Other.
EFFECTIVE DATE OF ACTION:
December 18, 2001
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
December 18, 2002 Conditional Use Permit if rights not exercised.
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S):
Any request for an extension of the expiration date must be received in the Planning
and Zoning Division prior to expiration of this permit.
June 18, 2003 Conditional Use Permit if rights not exercised.
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS:
1. The proposed use is conditionally permitted within the subject district and
complies with all of the applicable provisions of the City of Santa Monica
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Comprehensive Land Use and Zoning Ordinance, in that Interim Ordinance Number
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1806 (CCS) allows the operation of the drive-up window after 10:00 p.m. and before
7:00 a.m. with the issuance of a Conditional Use Permit.
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2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located, in that, although there could be impacts to
adjacent residential neighbors from drive-up window operations from 6:00 a.m. to 7:00
a.m. seven days a week and from 10:00 p.m. to 12:00 a.m. Sunday through Thursday
nights and from 10:00 p.m. to 1:00 a.m. on Friday and Saturday nights, the noise
impacts will be largely mitigated by the installation of a silent fast-food ordering and
confirmation system required as a condition of approval. However, not all noise
negatively impacting the nearby residents will be eliminated. For these reasons,
operation of the drive-up window after midnight Sunday through Thursday and after
1:00 a.m. on Friday and Saturday nights would impair the integrity and character of the
district by exposing adjacent residents to noise at a time when most residents are likely
to be resting or sleeping, and thus during hours when such noises tend to be especially
disturbing and disruptive.
3. The subject parcel is physically suitable for the type of land use being
proposed, in that the existing land use will remain.
4. The proposed use if compatible with the land uses presently on the subject
parcel in that the existing land use will remain.
5. The proposed use would be compatible with existing and permissible land
uses within the district and the general area in which the proposed use is to be located,
in that although there will be impacts to adjacent resident neighbors from drive-up
window operations from 6:00 a.m. to 7:00 a.m. seven days a week, from 10:00 p.m. to
1:00 a.m. on Friday and Saturday nights and from 10:00 p.m. to midnight on Sunday
through Thursday nights, the noise impacts will be largely mitigated by the installation of
the silent fast-food ordering confirmation system required as a condition of approval.
However, not all noise negatively impacting the nearby residents will be eliminated. For
these reasons, operation of the drive-up window from midnight to 6:00 a.m. Sunday
through Thursday and from 1:00 a.m. to 6:00 a.m. on Friday and Saturday nights would
impair the integrity and character of the district by exposing adjacent residents to noise
at a time when most residents are likely to be resting or sleeping, and thus during hours
when such noises tend to be especially disturbing and disruptive.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public health and
safety, in that the existing use will remain.
7. Public access to the proposed use will be adequate in that the installation of
the silent fast-food ordering and confirmation system will not make alterations to existing
parking or circulation and adequate access to the alley at the rear property line will be
maintained.
8. The physical location or placement of the use on the site is compatible with
and relates harmoniously to the surrounding neighborhood, in that the drive-up window
operation is located approximately twenty (20) feet from the adjacent multi-family
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residences and the installation of the silent fast-food ordering and confirmation system
required as a condition of approval will largely mitigate the noise impacts associated
with the drive-up window operation which occur between 6:00 a.m. and 7:00 a.m. and
10:00 p.m. and 1:00 a.m.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Objective #1.1 of the Land Use and Circulation Element of the
General Plan calls for protecting the quality of life in all residential neighborhoods and
Objective #1.6 of the Land Use and Circulation Element calls for the accommodation of
commercial uses which serve regional, community and local needs along the
commercial corridors of the City while respecting the adjacent residential
neighborhoods. The limited hours of operation and the silent fast-food ordering and
confirmation system ensure that these objectives are met.
10. The proposed use would not be detrimental to the public interest, health,
safety, convenience, or general welfare, in that, although there will be impacts to
adjacent residential neighbors from drive-up window operations from 6:00 a.m. to 7:00
a.m. seven days a week, from 10:00 p.m. to 1:00 a.m. on Friday and Saturday nights
and from 10:00 p.m. to midnight on Sunday through Thursday nights, the noise impacts
will be largely mitigated by the installation of the silent fast-food ordering and
confirmation system required as a condition of approval. However, not all noise
negatively impacting the nearby residents will be eliminated. For these reasons,
operation of the drive-up window from 12:00 a.m. to 6:00 a.m. on Sunday through
Thursday nights and from 1:00 a.m. to 6:00 a.m. on Friday and Saturday nights would
be detrimental to the public interest, health, safety, convenience, or general welfare by
exposing adjacent residents to noise at a time when most residents are likely to be
resting or sleeping, and thus during hours when such noises tend to be especially
disturbing and disruptive.
11. The proposed use will not result in an over concentration of such uses in the
immediate vicinity in that there are no other late-night drive-up window operations in the
immediate area.
12. Given the conditions of approval and the authorized hours of operation, the
proposed use will not be detrimental to surrounding properties or residents by reason of
lights, noise, activities, parking, or other actions.
CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
13. Permittee shall maintain the silent speaker system it has currently installed
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at the Wilshire Restaurant, or a reasonably equivalent silent speaker system that does
not utilized amplified sound, between the hours of 10:00 p.m. and midnight Sunday
through Thursday nights and 10:00 p.m. and 1:00 a.m. on Friday and Saturday nights,
provided that use of the silent speaker system may be periodically and temporarily
discontinued in order to repair, service or replace such system.
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14. The operation of the drive-up window during the hours of operation
permitted under this amended Conditional Use Permit shall not be conducted in a
manner that constitutes a public nuisance under California and local law.
VALIDITY OF CONDITIONAL USE PERMIT
15. In the event Permittee violates or fails to comply with any conditions of
approval of this amended Conditional Use Permit, no further permits, licenses, or
approvals shall be issued until such violation has been fully remedied.
16. Within ten (10) days of Planning Division transmittal of the amended
Statement of Official Action, permittee shall sign and return a copy of the amended
Statement of Official Action prepared by the Planning Division, agreeing to the
conditions of approval and acknowledging that failure to comply with such conditions
shall constitute grounds for potential revocation of the permit approval. By signing
same, permittee shall not thereby waive any legal rights it may possess regarding such
conditions. The signed amended Statement of Official Action shall be returned to the
Planning Division. Failure to comply with this condition shall constitute grounds for
potential permit revocation.
VOTE
Ayes: Bloom, Feinstein, Genser, Holbrook, Katz, McKeown, O’Connor.
Nays: None.
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
_____________________________ _____________________________
MARIA M. STEWART, City Clerk Date
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