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HomeMy WebLinkAbout2020-01-14 - AGENDA REPORTS - CONSIDERATION OF AN URGENCY ORD ADOPTING A 45-DAY (2)Agenda Item: 11 DATE: January 14, 2020 SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING A 45-DAY MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council: 1. Adopt an urgency ordinance entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING A 45-DAY MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS." 2. Direct staff to notice a public hearing for consideration of an extension of such 45-day ordinance. BACKGROUND Section 17.66 of the City of Santa Clarita (City) Municipal Code contains standards for the approval of restaurant drive-throughs. Those standards currently require enough space for the stacking of four (4) cars between the order board and the pick-up window and stacking for six (6) cars behind the order board, with no less than a total queuing length of 200 feet. With approximately 20 feet per car, recent installations of restaurant drive-throughs in the City have experienced significantly longer lines than 200 feet in length. When drive -through lines extend significantly on private property, the lines can create parking and circulation conflicts in the shopping centers where they are located. Those lines can extend across sidewalks and into drive -way aprons, and even onto City streets, which can result in significant traffic hazards, including unexpected stopping of vehicles, blind spots, unsafe lane changes to avoid lines on City streets, and hazards to pedestrians attempting to cross driveway aprons and streets impacted by lines of cars. City staff intends to review and update the existing Page 1 standards to ensure that future restaurant drive -through installations do not create these problems. There are two pending building permit applications for restaurant drive-throughs at the City. Based upon discussions between City staff and various developers, three pending Planning approvals are anticipated in the near future. An urgency ordinance is necessary to preserve the public health, safety, and welfare, as the approval of additional restaurant drive-throughs has the potential to create the safety hazards for traffic and pedestrians described above. While staff intends to quickly develop new and appropriate queuing standards, any restaurant drive -through that is approved during the pendency of staff s efforts to update the standards would expose the public to such hazards in the foreseeable future. Staff recognizes that the delay resulting from this urgency ordinance and any extension thereof can create a hardship for projects. Accordingly, staff would recommend that the urgency ordinance not prohibit the issuance of permits/approvals for restaurant drive-throughs where the applicant can demonstrate via a professionally prepared queuing analysis that the proposed restaurant drive -through, taken in conjunction with other uses in the shopping center where the drive -through would be located, will not result in queuing of vehicles in driveway aprons or on adjacent public streets. Such queuing analysis shall be based upon the performance of drive- throughs for other locations of the same franchise, or if none, similar types of restaurants. The sufficiency of the queuing analysis shall be subject to the approval of the approval body for the underlying permit or entitlement, the determination of which shall be subject to appeal to the Planning Commission or City Council, as appropriate. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT There is no fiscal impact associated with the urgency ordinance. ATTACHMENTS Urgency Ordinance Page 2 ORDINANCE NO. 20- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING A 45-DAY MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS SECTION 1. Findings. A. Section 17.66 of the City of Santa Clarita (City) Municipal Code contains standards for the approval of restaurant drive-throughs. Those standards currently require enough space for the stacking of four (4) cars between the order board and the pick-up window and stacking for six (6) cars behind the order board, with no less than a total queuing length of 200 feet. With approximately 20 feet per car, recent installations of restaurant drive- throughs in the City have experienced significantly longer lines than 200 feet in length. B. When drive -through lines extend significantly on private property, the lines can create parking and circulation conflicts in the shopping centers where they are located. Those lines can extend across sidewalks and into drive -way aprons, and even onto City streets, which can result in significant traffic hazards, including unexpected stopping of vehicles, blind spots, unsafe lane changes to avoid lines on City streets, and hazards to pedestrians attempting to cross driveway aprons and streets impacted by lines of cars. City staff intends to review and update the existing standards to ensure that future restaurant drive - through installations do not create these problems. C. There are two pending building permit applications for restaurant drive-throughs at the City. Based upon discussions between City staff and various developers, three pending Planning approvals are anticipated in the near future. D. An urgency ordinance is necessary to preserve the public health, safety, and welfare, as the approval of additional restaurant drive-throughs has the potential to create the safety hazards for traffic and pedestrians described above. While staff intends to quickly develop new and appropriate queuing standards, any restaurant drive -through that is approved during the pendency of staff s efforts to update the standards would expose the public to such hazards in the foreseeable future. E. The delay resulting from this urgency ordinance and any extension thereof can create a hardship for projects. Staff recommends that the urgency ordinance not prohibit the issuance of permits/approvals for restaurant drive-throughs where the applicant can demonstrate via a professionally prepared queuing analysis that the proposed restaurant drive -through, taken in conjunction with other uses in the shopping center where the drive -through would be located, will not result in queuing of vehicles in driveway aprons or on adjacent public streets. Page 1 of 4 F. This urgency ordinance will require adoption by a 4/5 vote of the City Council and will take effect immediately and will extend for a period of 45 days. If adopted, it will return within 45 days at a public hearing for the City Council to consider an extension of up to a year from the date of the adoption of this urgency ordinance. SECTION 2. Environmental Findings. The City Council exercises its independent judgment and finds that this urgency ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed urgency ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated Municipal Code review. Because there is no possibility that this urgency ordinance may have a significant adverse effect on the environment, the adoption of this urgency ordinance is exempt from CEQA. SECTION 3. Imposition of Moratorium. In accordance with Government Code section 65858(a), and pursuant to the findings stated herein, the City Council hereby (1) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this urgency ordinance; (2) finds that this urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth in the accompanying staff report, as well as the recitals stated herein; and (3) declares and imposes a temporary moratorium for the immediate preservation of the public health, safety, and welfare as set forth below: A. For a period of 45 days from January 15, 2020, City staff is directed not to issue any permits or entitlements that would facilitate or authorize the establishment or construction of a restaurant drive -through, including, but not limited to, a change in user or operator for an existing drive -through or construction or commencement of the use of a new restaurant drive -through. B. The prohibition on the issuance of permits and entitlements set forth above shall not apply where an applicant for a restaurant drive -through can demonstrate, via a professionally prepared queuing analysis, that the proposed restaurant drive -through, taken in conjunction with other uses (existing and proposed) in the shopping center where the drive -through would be located, will not result in queuing of vehicles in driveway aprons or on adjacent public streets. Such queuing analysis shall be based upon the performance of drive-throughs for other locations of the same franchise, or, if none, similar types of restaurants. The sufficiency of the queuing analysis shall be subject to the approval of the approval body for the underlying permit or entitlement, the determination of which shall be subject to appeal to the Planning Commission or City Council, as appropriate. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of Page 2 of 4 competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this urgency ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the urgency ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Effective Date and Duration. This is an urgency ordinance enacted under Government Code section 65858(a). This urgency ordinance is effective January 15, 2020, and will extend for a period of 45 days, at which time it will automatically expire unless extended by the City Council under Government Code section 65858. SECTION 6. Study. Staff is directed to study and analyze issues related to the appropriate standards for queuing of vehicles in restaurant drive-throughs and develop recommended revisions to the City's current standards to address the adverse health and safety impacts described in this ordinance and the accompanying staff report. SECTION 7. Report. Staff is directed to provide a written report to the City Council at least ten days prior to the expiration of this urgency ordinance, describing the study conducted of the conditions that led to the adoption of this urgency ordinance, in accordance with state law. SECTION 8. Publication. The City Clerk shall certify this urgency ordinance and cause it to be published, as required by law. PASSED, APPROVED, AND ADOPTED this day of , 2020. ATTEST: City Clerk Date Mayor Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Urgency Ordinance 20- was introduced at a regular meeting of the City Council on the 141h day of January 2020 and was duly passed and adopted at a regular meeting of the City Council on the 141h day of January 2020, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Urgency Ordinance No 20- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Page 4 of 4