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ORDINANCE NO. 2026-_____
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
CULVER CITY , CALIFORNIA EXTENDING THE 45-DAY
MORATORIUM ON THE ISSUANCE OF ANY NEW BUILDING
PERMITS OR ENTITLEMENTS FOR NEW DRIVE THROUGH
USES FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND
DECLARING THE URGENCY THEREOF AND THAT IT SHALL
TAKE EFFECT IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
The City Council of the City of Culver City hereby finds, determines and declares that:
A. Government Code Section 65858 expressly authorizes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting uses that are in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the community development department is c onsidering or studying or intends to study within a reasonable time, provided that the urgency measure shall require four- fifths (4/5) vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended.
B. Culver City Charter Section 614 provides additional authority for the City Council to adopt an ordinance as an urgency measure for preserving the public peace, health or safety by a four-fifths vote.
C. Over the last several months, including at two community meetings held on January 6, 2026, and February 3, 2026, related to a proposed In- and-Out Burger, a Mobility Subcommittee meeting held on May 12, 2026, and a City Council meeting on June 8, 2026, where a potential drive through ban was discussed,
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the City C ouncil has received significant comments and testimony from residents regarding the negative impacts of new drive throughs, including: spill over traffic, excessive noises and smells, vehicle idling, smog and air quality impacts, and danger to pedestrians (particularly children and the elderly ), which create significant incompatibility with the surrounding neighborhoods , and conflict with goals of the Culver City General Plan 2045 related to reducing emissions , addressing climate change, promoting health and safety, and creating a walking, accessible city.
D. On February 23, 2026 the City Council remanded to the Mobility Subcommittee a discussion regarding the possibility of a citywide ban on drive through service for food or other operations.
E. At the Mobility Subcommittee meeting of May 12, 2026, the Mobility Subcommittee (Mayor Puza and Vice Mayor Fish) received additional comments and testimony and voted 2- 0 to recommend the City Council adopt a n ordinance prohibiting new drive throughs throughout the City.
F. Culver City Municipal Code ( CCMC) currently allows drive throughs in mixed use districts, except for the downtown mixed use district, subject to the issuance of a conditional use permit pursuant to CCMC 17.400.045.
G. On March 2, 2026 the City received a Preliminary Project Review Request Application for a new drive through In-and-Out Burger, and on January 6, 2026 and February 3, 2026 the applicant conducted the required community meetings. The applicant has informed Planning & Development staff that it intends to submit an application by June 15, 2026.
H. On June 8, 2026, pursuant to Government Code Section 65858, the City Council adopt ed a 45-day interim urgency ordinance to establish a moratorium on new drive throughs citywide.
I. Planning & Development Department staff is currently preparing a draft ordinance prohibiting new drive throughs throughout the City.
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J. Without the proposed interim urgency ordinance, the City may be required to issue permits for new drive throughs while staff prepares the draft ordinance prohibiting drive throughs throughout the City.
K. On July 13, 2026, pursuant to Government Code Section 65858, the City Council considered an interim ordinance extending the moratorium on new drive throughs citywide for an additional period of 10 months and 15 days.
L. The City Council finds that the unmitigated development of additional new drive throughs under the current development standards may have the potential to create safety hazards for commuters and pedestrians in the surrounding neighborhoods and commercial corridors.
M. The City Council finds that the proposed interim urgency Ordinance extending the moratorium is necessary to preserve the public health, safety, and welfare, as the approval of additional new drive throughs throughout the City under the existing zoning regulations has the potential to create safety and health hazards for traffic and pedestrians resulting from significant traffic volumes and automobile idling, including unexpected stopping of vehicles, turning movements, blind spots, speeding and unsafe lane changes to avoid queueing on City streets, and hazards to pedestrians attempting to cross driveway aprons.
N. The City Council finds that the adoption of the urgency ordinance extending the moratorium is necessary to allow City staff adequate time to prepare a future Zoning Code Amendment to update the City’s current development standards regulating the development of drive throughs citywide in order to protect the public health, safety, general welfare and character of existing neighborhoods and viability of nearby businesses.
O. The City Council finds that the threat to the public health, safety and welfare is a current and immediate because there is a pending application for a new drive through restaurant.
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SECTION 2. CITYWIDE MORATORIUM ON THE
ESTABLISHMENT OF NEW DRIVE THROUGHS.
A. 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 to extend the moratorium on new drive throughs citywide, for an additional 10 months and 15 days.
B. During the extended moratorium, no building permit, subdivision, use permit, variance, land use determination or entitlement shall be issued for any new drive through citywide.
SECTION 3. URGENCY MEASURE.
Based on the findings set forth in section 1, the City Council finds and declares that there is a current and immediate threat to the public health, safety and welfare of the community and upon that basis has determined that the urgency ordinance extending the moratorium pursuant to the provisions of Government Code section 65858 and Culver City Charter Section 614 is warranted and shall take effect immediately upon adoption by a four-fifths vote of the City Council.
SECTION 4. CEQA.
The City Council finds that the adoption of this ordinance is statutorily exempt from CEQA pursuant to State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 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 extending the moratorium maintains the status quo and prevents changes in the environment pending the completion of the contemplated Zoning Code Amendment, and 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.
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SECTION 5. EFFECTIVE DATE.
Pursuant to Section 614 of the City Charter, this Ordinance shall be introduced and adopted at one and the same meeting and shall become effective immediately. This ordinance shall be of no further force and effect upon the expiration of 10 months and 15 days from its adoption, unless further extended in accordance with Government Code section 65858.
SECTION 6. SEVERABILITY.
The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason or any preemptive legislat ion, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases, or words of this Ordinance, and as such they shall remain in full force and effect.
SECTION 7: RIGHTS AND REMEDIES.
Nothing in this Ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or Ordinance hereby repealed or amended as cited in this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.
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SECTION 3: PUBLICATION.
Pursuant to Section 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three (3) places within the City.
APPROVED and ADOPTED this 13
TH day of July, 2026.
FREDDY PUZA, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO HEATHER BAKER
City Clerk City Attorney