STAFF REPORT
DATE: October 3, 2022
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director - Planning BY: Scott Plambaeck, Planning Manager
Joseph Onyebuchi, Associate Planner
SUBJECT: October 4, 2022 City Council Meeting Agenda Item No. 3 – Interim Urgency Ordinance Establishing a Moratorium on New and Replacement Restaurants with Drive -Throughs and the Conversion of Businesses with Drive-Throughs into Drive-Through Restaurants Citywide
This memo updates Attachment 1 to the Interim Urgency Ordinance Establishing a Moratorium on New and Replacement Restaurants with Drive- Throughs and the Conversion of Businesses with Drive-Throughs into Drive-Through Restaurants Citywide.
Below are the changes to Attachment 1:
On page 1, City Attorney’s Synopsis, of Attachment 1:
This interim urgency ordinance enacts a moratorium on the establishment of new and replacement restaurants with drive-throughs and the conversion of businesses with drive- throughs into drive-through restaurants citywide. This ordinance also prohibits expansion of business operations for residentially adjacent restaurants with drive- throughs past 10:00 p.m. during the moratorium period.
On page 2, Paragraph F of Attachment 1:
The increased demand for potential drive -through sites located on major thoroughfares has created concerns that other existing drive- through restaurant sites and/or other businesses with existing drive- throughs are susceptible to conversion into new or replacement drive-through restaurants with similar negative effects throughout the City.
Some of the potential “conversion sites” include, but are not limited to:
COMMUNITY
DEVELOPMENT
On page 2, Paragraph I of Attachment 1:
The City Council finds that the unmitigated development of additional new and replacement restaurants with drive-throughs and the conversion of businesses with drive- throughs into drive- through restaurants under the current development standards may have t he potential to create safety hazards for commuters and pedestrians in the surrounding neighborhoods and commercial corridors.
On page 3, Paragraph J of Attachment 1:
The City Council finds that the proposed Interim Urgency Ordinance is necessary to preserve the public health, safety, and welfare, as the approval of additional new and replacement restaurants with drive-throughs and the conversion of businesses with drive- throughs into drive- through restaurants throughout the City under the existing zoning regulations has the potential to create the safety hazards issues for traffic and pedestrians resulting from significant traffic hazards impacts, including unexpected stopping of vehicles, blind spots , speeding and 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.
Based on the above recitals and to protect the public safety, health, and welfare, the Council finds it is necessary to adopt the Interim Urgency Ordinance that enacts a moratorium on the establishment of No permits may be approved for new and replacement restaurants with drive- throughs, as well as the conversion of existing businesses with drive-through to a restaurant with drive-through, citywide.
Pages 4, new Paragraph 3 of Attachment 1
3. Existing, legally established residentially adjacent restaurants with drive-throughs shall not expand business operations between the hours of 10:00 p.m to 6:00 a.m.
Residentially Adjacent as defined by BMC section 10-1-203.
The Interim Urgency Ordinance shall not apply to any Conditional Use Permit (CUP), building permit or other entitlement issued for a restaurant with drive-through or business with drive-through as of the date of this ordinance is passed and adopted. Any complete applications for restaurant(s) with a drive-through with a Conditional Use Permit previously approved by the City and not Residentially Adjacent as defined by BMC section 10-1-203 that have been submitted to the City of Burbank, and where fees have been paid prior to the effective date of this ordinance are exempt from this ordinance.
ATTACHMENT
1 - Ordinance