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HomeMy WebLinkAbout2020-02-25 - AGENDA REPORTS - CONSIDERATION OF AN URGENCY ORD OF THE COUNCIL OF (2)Agenda Item: 9 DATE: February 25, 2020 SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING JANUARY 14, 2021 DEPARTMENT: Community Development PRESENTER: Tom Cole RECOMMENDED ACTION City Council: 1. Conduct a Public Hearing. 2. Consider adoption of an urgency ordinance entitled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING JANUARY 14, 2021." 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, including restaurants such as Chick-fil-A, In-N-Out, and Starbucks. When drive -through lines extend significantly on private property, parking and circulation conflicts can be created in the shopping centers where they are located. Those lines can extend across sidewalks, into driveway aprons, and onto City streets, which can result in significant Page 1 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. 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. The City Council approved an urgency ordinance on January 14, 2020, to preserve 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. Under Government Code Section 65858, the initial moratorium has a 45-day term, and any extension requires a further urgency ordinance. Section 65858 provides for a first extension of 10 months and 15 days. If new standards are drafted and adopted prior to that time, the moratorium can be lifted. During the initial term of the moratorium, staff has begun to investigate restaurant drive -through performance in the City and research standards in other communities. Staff intends to quickly develop new and appropriate queuing standards, but is recommending an extension to the term of the moratorium, as any restaurant drive -through that is approved during the pendency of staffs efforts to update the standards would expose the public to such hazards in the foreseeable future. Staff recognizes that the delay resulting from any extension of the moratorium can create a hardship for projects. Accordingly, staff would recommend that the extension of the moratorium include language that would 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 extension of the moratorium. ATTACHMENTS Public Hearing Notice Ordinance 10-Day Report for Restaurant Drive -Through Moratorium Extension Page 2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita will conduct a public hearing on Tuesday, February 25, 2020, at 6.00 p.m., in the Council Chambers, located at 23920 Valencia Blvd., Santa Clarita, California, to consider the following: ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE- THROUGHS AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING JANUARY 14, 2021 On January 14, 2020, the City of Santa Clarita City Council considered and adopted by unanimous vote an interim urgency ordinance imposing a moratorium on the establishment of restaurant drive-throughs ("Moratorium"), with a provision granting an exception under certain circumstances. The Moratorium is effective for a period of 45 days from its adoption, and is set to expire on February 28, 2020. At the public hearing, the City Council will consider information provided by City staff as well as any information provided by the public and determine whether to extend the Moratorium for a period of 10 months and 15 days, under Government Code section 65858(a). The proposed ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines 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 proposed ordinance will have no potential for resulting in any significant physical change to the environment, either directly or indirectly. For further information regarding this ordinance, you may contact Patrick Leclair, Senior Planner, at (661) 255-4330. Copies of a report on the activities undertaken by City Staff with regards to the subject matter of the moratorium as well as copies of the agenda report including the proposed ordinance will be available for review prior to the public hearing on the City's website at www.santa-clarita.com and at the City Clerk's Office at Santa Clarita City Hall located at 23920 Valencia Blvd., Suite 120, Santa Clarita, California. Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to the public hearing. Mary Cusick, MMC City Clerk Publish Date: February 11, 2020 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING JANUARY 14, 2021 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, 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 (such as Chick-fil-A, In-N-Out, and Starbucks). 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 driveway 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 was adopted by the City Council on January 14, 2020, 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. As required by Government Code Section 65858, a report as to staff s activities in furtherance of that ordinance was made available at the City Clerk's office beginning February 14, 2020. E. The delay resulting from the extension of the moratorium ordinance 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 Page 1 of 4 would be located, will not result in queuing of vehicles in driveway aprons or on adjacent public streets. F. Notice of a public hearing to consider this ordinance was published as required by law, and such public hearing was conducted by the City Council. This urgency ordinance will require adoption by a four -fifths (4/5) vote of the City Council and will take effect immediately and will extend for a period of 10 months and 15 days from the expiration of Ordinance No. 20-1, through and including January 14, 2021. 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 10 months and 15 days from the expiration of the moratorium imposed by Ordinance No. 20-1 (extending through and including January 14, 2021), City staff is directed to not 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 Page 2 of 4 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 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 will take effect upon adoption by a four -fifths (4/5) vote of the City Council and extends the moratorium imposed by Ordinance No. 20-1 through and including January 14, 2021, and will automatically expire thereafter, 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 10 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 25th day of February 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 No. was introduced at a regular meeting of the City Council on the 251h day of February 2020, and was duly passed and adopted at a regular meeting of the City Council on the 25th day of February 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. and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Page 4 of 4 10-DAY REPORT ON THE CITY OF SANTA CLARITA' S MORATORIUM ON ESTABLISHMENT OF RESTAURANT DRIVE-THROUGHS BACKGROUND On January 14, 2020, pursuant to Government Code Section 65 85 8, the City Council of the City of Santa Clarita (City) enacted Ordinance No. 20-1 as an urgency measure, imposing a 45-day moratorium on the establishment of restaurant drive-throughs. The ordinance was adopted in response to pending applications for new restaurant drive-throughs, including, but not limited to, a potential Chick-fil-A restaurant. Some existing restaurant drive-throughs in the City, including Chick-fil-A, In-N-Out, and Starbucks, routinely have lines of cars that exceed the City's current development code requirements for on -site queuing. As a result, the approval of future restaurant drive-throughs has the potential to create queuing that extends across sidewalks, driveway aprons, and out onto public streets. This can create safety hazards for pedestrians, as well as vehicles attempting to enter or exit shopping centers. Additionally, vehicles queued into the public right-of-way may create hazards for oncoming traffic that is forced to make unexpected stops or lane changes to avoid the line of stopped vehicles. In order for the City to have time to study the issues without allowing restaurant drive-throughs that create the hazards identified above, the City Council adopted the moratorium to preserve the status quo. Government Code Section 65858 allows an initial 45-day moratorium to be extended for up to 10 months and 15 days after a noticed public hearing is held. A public hearing has been scheduled to consider such an extension for February 25, 2020. If extended, the new expiration date would be January 14, 2021. As required by Government Code Section 65858(d), the City must produce a report 10 days prior to extending a moratorium that describes the measures taken since the adoption of the urgency ordinance. UPDATE ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE The City is considering its options for regulating restaurant drive-throughs. City staff is studying current queuing patterns at restaurants around the City, as well as studying regulations adopted in other jurisdictions. Once this review is complete, proposed new regulations will be brought forward for consideration and possible adoption. In the interim, City staff recommends that the extension of the current moratorium include the exception language that allows for the installation of a restaurant drive -through where sufficient on -site queuing can be demonstrated. UPDATE ON DRIVE-THROUGHS IN PROGRESS On February 4, 2020, Planning Division staff was informed that the Chick-fil-A restaurant proposed at the former Boston Market location at the northwest corner of Bouquet Canyon Road and Newhall Ranch Road was no longer proceeding. The applicant is in the process of formally withdrawing their application. In addition, Planning Division staff will be provided with queuing analyses for two Starbucks drive -through locations, in accordance with the existing moratorium. The two proposed Starbucks locations are in the Golden Valley Ranch commercial center and at the southwest corner of Whites Canyon Road and Soledad Canyon Road.