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Ordinance - 1921• • ORDINANCE NO. 1921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING), AS IT RELATES TO DRIVE -THROUGH RESTAURANTS (AMENDMENT NO. 238). WHEREAS, community members have expressed concern over various impacts of drive -through facilities located or proposed to be located on sites immediately adjacent to residential developments; and WHEREAS, on December 5, 1990, the Planning Commission adopted Resolution No. 11-90-3916 initiating Amendment No. 238 and directed staff to proceed with studies and investigations relating to the aforementioned concerns; and WHEREAS, on March 6, 1991, the Planning Commission adopted Resolution No. 3-91-3943 recommending that the City Council adopt an ordinance which prohibits drive -through restaurants in the Neighborhood Commercial (NC) zone and establishes development standards for drive -through facilities in all other commercial zones; and, WHEREAS, on April 22, 1991, the City Council introduced an ordinance in response to the above -mentioned Planning Commission recommendation; and, WHEREAS, on May 15, 1991, and prior to conducting the second reading on the aforementioned ordinance, the City Council voted to refer Amendment No. 238 back to the Planning Commission for further consideration; and, WHEREAS, the Planning Commission upon giving the required notice, did on the 27th day of April, 1993, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the City Council has considered evidence, presented by the Planning Department, the Planning Commission, and other interested parties at a duly advertised public hearing held on May 18, 1993; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. Drive -through facilities and their activities have been generally observed to constitute a high intensity use. 2. If unmitigated, drive -through facilities and their activities represent a potential source of undesirable noise, light and glare, traffic, odor and emissions, trash, loitering, etc. 3. Such impacts are intensified, particularly for neighboring residential development and other sensitive receptors such as schools, hospitals, convalescent homes, etc., as the proximity between drive -through restaurants and these uses increases. 4. With careful planning and implementation of appropriate measure the impacts of drive -through restaurants upon adjacent, residential development and other sensitive receptors may be adequately mitigated. 0318-93/C:CC/ORDRIVTH.RU/ em Ordinance No. 1921 Amendment 238 Drive -Through June 1, 1993 - Page 2 SECTION NO. 1: Based on the evidence presented and findings set forth, is Amendment No. 238 is hereby approved as consistent with the City's General Plan. SECTION NO. 2: Based on the evidence presented and findings set forth, Chapter 26, Article XII is hereby amended to read as follows: Article XII. Special Regulations for Unique Uses Division 19 Drive -Through Restaurant. Sec.26-685.1000 Purpose. This division sets forth the performance standards for the construction and implementation of drive -through restaurants in a manner which ensures the on -going compatibility of such uses with neighboring residential development and other sensitive receptors such as but not limited to schools, hospitals, convalescent homes, etc. Sec.26-685.1100 Definitions. Drive -through restaurant shall mean any establishment which is engaged in the business of preparing and purveying food where provision is made for serving of food to patrons in vehicles for consumption at a separate location either on or off the premises. Sec. 26-685.1200 Permit Required. An unclassified use permit shall be obtained prior to establishing and operating a drive -through restaurant in the NC, CC, RC, SC, C2, C3, M 1 zones, and Specific Plan zones where applicable. Sec. 26-685.1300 Performance Standards. a. Adequate separation between drive -through restaurants and adjacent residential developments and other sensitive receptors, as determined by the Planning Director and/or Planning Commission, shall be provided by one or more of the following methods: i. A minimum distance of 50 feet between the property lines of any residential zone or residential development or other sensitive receptor and the outer perimeter of the drive - through lanes(s), outdoor play area, and outdoor seating area shall be maintained. 0318-93/C:CC/ORDRIVTH.RU/ em Ordinance No. 1921 Amendment 238 Drive -Through June 1. 1993 - Page 3 ii. A minimum 10-foot wide landscaped buffer and/or minimum 6-foot high noise wall along the property line shall be provided. Said landscape buffer shall be landscaped with specimen plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the Planning Director. iii. Topographic conditions and natural or con- structed barriers (e.g. commercial develop- ment, streets and highways, etc...), or combination thereof, existing or proposed. b. Noise levels shall not increase ambient noise levels by five dba as measured at all property lines abutting residential development and other sensitive receptors. This may be achieved through one or more of the following methods, as determined by the Planning Director and/or Planning Commission: i. All deliveries and exterior building and landscaping maintenance and cleaning acti- vities may be limited as necessary to achieve compatability with adjacent sensitive land uses. ii. Hours of operation may be limited as necessary to achieve compatability with adjacent sensitive land uses. iii. The applicant shall provide a noise study prepared by an acoustical engineer indicating that the proposed operation will not increase ambient noise levels by five dba as measured at all property lines abutting residential development and other sensitive receptors. iv. The applicant shall provide the plans and specifications for any potential noise sources (e.g. the speaker system, trash compactor, delivery trucks, etc.). V. The speaker box shall be oriented away from adjacent residences and other sensitive receptors. vi. A three-foot high wall, hedge, or berm along the outer perimeter of the parking area(s) and drive -through lanes(s), except for areas of ingress and egress, shall be provided. The design of this wall, hedge, or berm shall be consistent with the City's safety policies, goals, and objectives. 0318-93/C:CC/ORDRIVTH.RU/ em Ordinance No. 1921 Amendment 238 Drive -Through June 1, 1993 - Page 4 vii. A minimum 10-foot wide landscaped buffer and/or minimum 6-foot high noise wall along the property line. Said landscape buffer shall • be landscaped with specimen plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the Planning Director. viii Topographic conditions, natural or constructed barriers (e.g. commercial development, streets and highways, etc...), or combination thereof, existing or proposed. C. The site shall be served by an improved arterial or collector street adequate in width to carry the quantity of traffic generated by the use without significantly lowering the existing level of service of that street. The Planning Director and/or Planning Commission may require the applicant to prepare and submit a traffic study which addresses: i. The placement, design, and adequacy of the vehicle queuing aisle. ii. The use demand for the proposed facility. iii. On -site circulation and parking lot design. d. The facility shall be maintained in an odor and litter free condition, through one or more of the following methods: i. Trash enclosures and bins shall be enclosed on all sides to suppress odors and prevent spillage of materials. ii. Trash enclosures shall be located a minimum of 50 feet from the property lines of any sensitive receptors. iii. The applicant shall prepare and submit a litter control, and/or recycling plan to the Planning Commission. e. Such other requirements and/or standards as deemed by the Planning Director and/or Planning Commission to reasonably relate to the purpose of this division. SECTION NO. 3: It has been determined that this project, which consists of a minor amendment to land use regulations, is categorically exempt pursuant to Section 15305 (Class 5 -minor alterations in land use limitations) of the State CEQA Guidelines and no Environmental Impact Report or Negative Declaration of Environmental Impact is required. 0318-93/C:CC/ORDRIVTH.RU/ em • Ordinance No. 1921 Amendment 238 Drive -Through June 1. 1993 - Page 5 SECTION NO. 4: The City Clerk shall certify to the passage of the Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 1st day of June, 1993 ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1921 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on thel8thi.day of May, 1993. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of June, 1993. by the following vote, to -wit: AYES: Jennings, Wong, Manners, McFadden NOES: Herfert ABSENT: None APPROVED AS TO FORM: Attorney 0318-93/C:CC/ORDRIVTH.RU/ em cz�_ - '411- City Clerk i CERTIFICATION I, JANET BERRY, Deputy City Clerk. of the City of West Covina, State • of California, do hereby certify that a true and accurate copy of, Ordinance No. was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED: 4 % 92 0 J net Berry, City Clerk( City of West Covina, California