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Home My WebLink About2020-02-25 - ORDINANCES - EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF RES (2)' ORDINANCE NO. 20-2 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 I 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 25`h day of February 2020. ATTEST: CITY CLERK ' DATE: 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 Ordinance No. 20-2 was introduced and adopted as an urgency measure pursuant to the terms of California Government Code Section 65858 and 36937(b) at a regular meeting of the City Council on the 25`h day of February 2020, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS McLean, Miranda, Kellar, Weste, Smyth None 1►= AND I FURTHER CERTIFY that the foregoing is the original of Urgency Ordinance No. 20-2 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Page 4 of 4