CITY OF OAKLAND

Interoffice Letter
To:

C.=. .-ti.:..:y~M....;a;...n...;;;a.:iLge~r

From:

Director of City Planning

Subject:

Attention: __~H~e::.!..n!..:.r.J.y~L.L
....:G~a:!..!rud:!.!.nL.loe'"'-r

Date:

Emergency Ordinance to approve revisions and amendments to the Oakland Planning Code and Oakland Municipal
Code for the regulation of Fast Food Restaurants and DriveThrough Facilities in Oakland and to rescind the existing
moratorium on Fast Food Facilities

Feb rua ry 21, 1989

On October 5 and 19, 1988, the City Planning Commission held public hearings on
proposed revisions to the Oakland Planning Code and Oakland Municipal Code to
. strengthen the requirements for the establishment of Fast Food Restaurants and DriveThrough Facilities in Oakland,
The City Pl anning Commission unanimously approved the proposed revisions as outl ined
in the staff report dated September 29, 1988, with no changes (report attached),
An ordinance amending the Oakland Planning Code to add special requirements for the
regulation of Fast Food Kestaurants and Drive-Through Facilities (and to make other
related revisions), and amending the Oakland Municipal Code to be consistent with
revisions to the Planning Code was presented to the City Council at its meeting of
November 1, 1988. Council voted to refer the item to the Council Public Works
Committee for further review and comment before taking action, At the Committee
meeting of November 15, 1988, staff was directed to prepare necessary legislation to
extend the existi ng moratori um on Fast Foods by 60 days, through February 26, 1988,
to allow adequate time for community input/comment.

At its February 21st meeting, the Committee considered a draft of the proposed
revised Guidel ines for Development and Eval uations of Fast Food Restaurants (intended
to supplement the proposed amendments to the Zoning Code). February 21, 1989 is the
1ast date for possibl e consideration by either the Committee or the City Council
itself before the current moratorium expires.
The moratorium on Fast Food Faci 1 ities has been extended three times since it was
first imposed (February 23, 1989). An additional extension would be unneccessary if
the City Council chOOSeS to adopt the proposed ordinance as an emergency measure.
Tha Committee's comm~nts on the p~oposed r~v1s.dguidel1nes a~e e~~ected t6 be
presented to the full Counci 1 in an oral report at the regul ar meeting of February
21, 1989. If appropriate, staff will make whatever changes to the Guidelines deemed
necessary by the Publ ic Works Committee and/or the City Counci 1 and refer them to
the Pl anning Commission for publ ic hearing and adoption, pursuant to Section 4 of the
Oakland Planning ~ode,
.

6110

"

-2-

REcc.M4ENDATIONS:

1.

Approve the proposed revisions and amendments to the Oakland Planning Code and
Oakland Municipal Code for the regulation of Fast Food Restaurants and DriveThrough Facilities as an emergency ordinance.

2.

Direct the City Planning Commission to proceed with a public hearing on proposed
revisions to the Planning Commission Guidelines for the Development and
Eval uat ion of Fast Food Restau r"t1~rl va-Th rough Foell f tl as), DCI'D 100-18.

~~~
Attachments:

D. J

Staff Report dated September 29, 1988

An emergency ordinance amending the Oakland Planning
Code to add special requirements for the regulation
of Fast Food Restaurants and Drive-Through Facilities
(Revised) Guidelines for the Development and Evaluation
of Fast Food Restaurants and Drive-Through Facilities

APPROVED AND FORWARDED TO CITY COUNCIL:

:l~:L~
. . . . ., ~ . ~

O~e ~;;eCity Manager

CITY OF OAKLAND
Interoffice Letter

""",,,j_-,-_.=:C..:,.i..:. tY,--:..:.M.::.a:;.:na::. ;9:L:e:.:r

Attentlon: __----!...H!.SOe~n..!..rJ_'I_L.L..-,;G~a
....rwd.....n."e""-r--- Date:

From: __.,;D~i~r..:::e:::c..:.t~o:....r.....:o~f~C~i_=t.J..Y__.:P~l~a~n~n~i:..!.:n~g
Subject:

Feb CII a ry 21,

1989

-_-

Draft Fast Food Guidelines to be reviewed by

the Council Public Safety, Public Works, Land
Use and Environmental Concerns Committee

The City Council Publ ic Safety, Publ ic Works, Land Use and Environmental Concerns
Committee is currently considering a proposed ordinance for further controlling the
impacts of newly developed fast food activities and facilities in the City of
Oakl and. There is presently a moratorium in place on the issuance of permits to
establish fast food restaurants. The moratorium is scheduled to expire on February
26, 1989.

The Committee had asked for more time to consider the features of the proposed
ordinance and to provide an additional opportunity for community organizations and
others to comment. Accompanying this memorandum is a copy of the proposed guidelines
referenced by the ordinance that might assist the Council committee in better
understanding how the proposed ordinance 1s expected to operate. The draft
guidelines are submitted fo~ information only. It is expected that the City Planning
Commission will hold a public hearing on the proposed guidelines before considering
them for final adoption. Upon adoption the gUidelines would replace the Commission's
existing adopted fast food guidelines. The proposed guidelines have fewer areas of
consideration than the existing adopted guidelines. However, many of the elements of
the existing guidelines are proposed for inclusion as review criteria in the
ordinance in order to strengthen the City's requi rements regarding fast food
facilities. Although the new guidelines would have fewer areas of consideration,
several remaining areas are proposed to have greater standards associated with them
(e.g. landscaping).
In conclusion, it should be reiterated that the fast food moratorium is scheduled to
expire on Sunday, February 26,1989. If the Committee should decide to recommend
City Council approval of the proposed Fast Food Ordinance, the Council would not have
an opportunity to consider it before February 28, 1989 nor to adopt it on final
passage before March 7,1989. Assuming such a schedule a window would be created
between the expiration of the moratorium and final passage of the proposed ordinance
where permits for Fast Food Restaurant projects could be, issued under existing
regul ations and guidelines.
In order to avoid this possibi 1 ity, staff is
recommending that the Committee endorse the proposed Fast Food Ordinance at its'
February 21, 1989 afternoon meeting and request the City Council consideration of it
as an emergency measure on its agenda that same evening. The proposed emergency
1 egisl ation has been submitted for incl usion in the Council agenda packet for its
regular February 21, 1989 meeting.

600-10

-2-

RE~ENDATIONS:

1.

Endorse the proposed Fast Food Ordinance for consideration by the Cfty Council as
an emergency measure at its regular February 21, 1989 meeting.

2.

Endorse the concept of the proposed Fast Food Guidelines and refer them to the
City Planning Commission for public hearing and adoption for use in reviewing new
fast food restaurant proposals.

~~
Attachment:

Guidelines for the Development and Evaluation

of Fast Food Restaurants (OCPD 100-18)

APPROVED. AND FORWARDED TO THE COUNCIL PUBLIC SAFETY,

PUBLIC WORKS, LAND USE AND ENVIRONMENTAL CONCERNS COMHITTEE:

Office of the City Manager

. .

TO:

City Planning Commission

DATE:

September 29, 1988

FROM:

Staff

CASE FILE:

ZT88-204

SUBJECT:

Proposed Amendments to the Oakland Zoning

Regulations Related to Fast Food Restaurant
Commercial Activities and Drive-Through NonResidential Facilities.

BAO<GBOONO
At its regular meeting of January 12, 1988, pursuant to a motion initiated by
Councilmember Leo Bazile, the City Council asked the Planning Department to
evaluate a proposal for establishing a moratorium on new Fast Food uses, and to
undertake a review of criteria and procedures used to regulate the establishment
of Fast Food Restaurants in Oakland. At the regular meeting o( Feo'ruary 23,
1988, Council approved a 90-day moratorium prohibiting the establishment of new
Fast Food Restaurants in Oakland (with exceptions) to allow staff adequate time
to prepare specific recommendations for further controlling the location of Fast
Food outlets, and for strengthening existing zoning enforcement provisions or
deve lop i ng new requ i rements, as app rop ri ate. The moratori urn was subsequent 1y
extended on two occasions, fi rst for a sixty-day period (through July 31, 1988)
and then for ani nety-day peri od (th rough October 29, 1988).
At the regular meeting of June 15,1988, the City Planning Commission helda
publ ic hearing on proposed revisions to the Oakland Zoning Regulations intended
to strengthen requirements related to the establishment of Fast Food Restaurants
in Oakland. Testimony from representatives of three community-based organizations was supporti ve of the proposed changes outl ined in the staff's information
report. Only one industry representative addressed the Commission the question
the appl icabi11ty of the proposed definition to restaurants sell ing hamburgers.
This report outl ines the specific changes proposed to better regulate the establishment of Fast Food Restaurants in Oakland. These changes inclUde additions
and modifications to the Oakland Zoning Regulations, and revisions to the
P 1 ann in g Comm iss i on Gu ide J 1nes .f.Q.r. :t.M Dey e 1 ooment ~ .utt .E.22S1 Restay rants.
The guidelines provide guidance in the interpretation and administration of the
Zoning Regulations and supplement the mandatory requirements of the Regulations.
The detailed Planning Codes revisions are appended to this report. The revised
guidel ines wi 11 be presented forPl anning Commission Review fol lowing City
Council consideration of the Planning Commissions' recommendations concerning
the Planning Code revisions.

PBCPOSEDPOlICY CHANGES
The existing definition for Fast Food Restaurants has been expanded to inclUde
additiona 1 design and op.erating. characteristics to better distinguish Fast Food
Restau rants from other restaurants with one or more simil ar operating elements~
The modified definition is as follows:

FAST FOOD RESTAURANT COMMERCIAL ACTIVITIES: Fast Food Restaurant Conmerci a 1

Activities include the retail sale of ready-to-eat cooked foods and beverages,
for on- or off-premises consumption, whenever the foods and beverages are available upon a short waiting time and are primarily served in or disposable wrappers, containers, or plates. Fast Food Restaurants may also exhibit other
design and operating characteristics, inclUding: (1) a 1 imited menu; (Z) food
is typically ordered and serve at a service counter: (3) food is paid for prior
to consumption; (4) the facility in which the activity/use is occurring provides

Case No.:
Page -2-

ZT88-204

a take-out counter space and space for customer queing.

ZONING

Although currently only required in some zones, a Major Conditional Use Permit
wi 11 be requi red for the establ ishment of a new FastFood Restaurant in ll.l
commercial and industrial zones in Oakland, except for the C-5 and C-10 neighborhood and 1 oca 1 serv ice commerci a 1 zones. Fast Food Restau rants wou 1 d be
prohibited in the C..5 and C-10 Zones as well as in all residential zones.
It should be noted that the use permit requirement would also apply to the M-30
and M-40 Zones in which Fast Food Restaurants are currently outright permitted.
The primary reason for the Conditional Use Permit requirement for these zones
would be to ensure appropriate design and provide the opportunity to attach
conditions to mitigate environmental or land use impacts associated with specific projects.
Cu rrent 1 y, Fast Food Restau rants are regulated through the Genera 1 Use Permit
Criteria at Section 9204, and the Use Permit Criteria for Convenience Markets,
Fast Food Restaurants and Establishments selling Alcoholic Beverages, and Sidewalk Cafes at Section 70Z3(a-d) of the Zoning Regulations. To more effectively
address the specific issues and impacts associated with Fast Food Restaurants, a
new subsection 7023(e), would be created, entitled Special Regulations Applying
to Fast Food Restaurants. This section would outli.ne specific mandatory requirements regarding Location, Access, Circulation; Trash and Litter Management;
Grounds for Permit Revocation and the Maintenance of Vacated/Abandoned Fast Food
Facil iti es.
LOCATION&. REClJIREMENTS

Specifically, the new Section 7023 (e) would prohibit new Fast Food Restaurants
from locating within 1,000 feet of an existing or approved Fast Food Restaurant.
Exceptions to the "1,000 foot rule" for Fast Food Restaurants would be the
Central District faci 1 ities located within Shopping Centers and the C-36
Boulevard Service Commercial Zone. Restaurants with drive-through facil ities
would be prohibited from locating within 500 feet of an elementary school, a
park, or a playground.
ACCESS AND CIBaJLATION

Under the proposed new Zoning provisions, vehicular access and egress points, as
well as driveway locations and widths related to fast food facilities would be
subject to the approval of the City Traffic Engineer. Ingress and egress would
be limited to commercial arterial streets rather than adjacent residential
streets un 1ess safety or ci rcul ation concerns dictate otherwise in the judgment
of the City Traffic Engineer. In any event, no di rect access wou 1d be permitted
to adjacent streets which are less than 32 feet in pavement width.
JRASH AN) LImB

MANAGEMENT

In addition to performance criteria for trash and litter management specified in

the Planning Commissions' Fast Food Restaurant Guidelines, Section 7023(e) would
require that all disposable containers, packaging, and napkins from such facilities be .imprinted with the restaurants name and/or logo. Specific trash and
1 itter management performance requirements related to particular project propo-

I .

'.

Case No.:
Page -3-

ZT88-204

sals would be appl ied through the conditional use permit process.
eEIf4U REyOCATION

Viol ations of performance-based conditions of approval imposed on Fast Food

Restaurant (e.g., conditions related to hours of operation, odor, noise, trash
and 1 itter, lighting, or 10iteril'lg) activities and/or faci 1 ities by the Pl anning
Commission or the City Council would be the basis, after appropriate notice and
pUbl ic hearing, for revocation.
RE(JJIRfMENTS FOR YACATEDUBANOQNEP EAST

foro

EAeILWES

Under the proposed revisions to the Zoning Regulations, the project sponsor of a
proposed Fast Food Facility would be required to obtain a perfotmance bond to
cover the cost of securing and maintaining the facil ity and site if its is
abandoned or vacated within a prescribed high-risk period. The defined period
of coverage is four years, following the obtaining of an occupancy permit. The
bond may be renewed annually, and proof of renewal would be required to be
forwarded to the Director of City Planning. The bond amount would be determined
by the City's Risk Manager, and shall be adequate to defray expenses associated
with the requirements outlined below.
If a Fast Food Facility has been vacated or abandoned for more than 30 consecutive days, the project sponsor shall be required to comply with the following
requirements:
(1)

To enclose the property with a security fence and to secure the

facll ity.

(2) To post signs indicating that vehicular parking and storage are
prohibited on the site pursuan,t to the appropriate provisions of
the Oak 1 and Traffic and Ca 1 i fornia Vehicl e Codes. To al so post
signs prohibiting the unlawful ~ittering or dumping of waste on the
site pursuant to City ordinan~e. All signs would be required to
conform to the 1 imitations oni signs for the specific zone, and
would be required to be weathe~ resistant and of appropriate size
and standard design for the particul ar function as determined by
the Oi rector of C.1ty Pl anning. '
(3) Insta 11 and ma i nta in secu rity 1 i ghti ng as app rap ri ate and requ ired
by the Oak 1and Pol ice Department.
(4) To keep the site free of handbills, posters and graffiti, and clear of
1 itter and debris, pursuant to Sections 5-3.02 and and 4-5-11 of the
Oak 1and Mun icipa 1 Code.
(5) To maintain existing landscaping and to keep the site free of
weeds.
Section 7090 of the Zoning Reg~lations would be amended to add subsection (r) to
al low security fences for abandoned Fast Food Restaurants up to a height of
eight feet without a conditional use permit, provided that the fence complies
with specified aesthetic considerations and with the applicable provisions of
Articl e XXI of the Oak 1and Traffic Code (Vision Obscurement at intersections).

c2 7
2--zl-M

Case No.:
Page -4-

ZT88-204

The monitoring and enforcement of the requirements for Vacated/Abandoned Fast

Food Restau rants shou 1 d be the respons i b il ity of the Hous i ng Manager of the
Department of Housing Conservation. Therefore, Section 15 of the Oakland
Municipal Code should be amended to include this responsibility, as well as, the
following language "Property not securely fenced or adequately lighted".
Inclusion of these two conditions will ensure that All of the requirements set
forth in the new Section 7023(e) related to potential blighting influences of
Fast Food Restau rants are incl uded under the City's existing Blight Ordinance.
Co',

Off-street park i ng requi rements for Fast Food Restaurants are modified under a
new SUbsection (k) of Section 7513 in the Zoning Regulations. The revised
provision would change the threshold floor area in the C-31, C-35 and 5-2 zones
(from 3,000 square feet to 2,000 square feet) for required parking, and would
eliminate existing parking requirements in zones in which the Fast Food
Restaurant activity is proposed to be prohibited (i.e, the C-5 and C-10).
To further underscore the importance of the Guidelines as a supplement to the
requirements set forth in the Zoning Regulations, the existing use permit
criteria at Section 7023 (a) would be expanded to include a new subsection 8,
requiring that proposals for new Fast Food Restaurants SUbstantially Comply with
the provisions 1 isted in the Guidel ines for Fast Food Restaurants (OCPD 100-18'.

ORIyE-JlfROUGH NONBESIDENII&. FACILITIES

Because of the significant circulation and traffic impacts often associated with
the operation of Fast Food Restaurants that have drive-through windows, separate
regulations and review criteria are specifically proposed for Drive-Through
Facilities. Under the new provisions Drive-Through Facilities would be regarded
as a principal rather than accessory activity, complementary to Fast Food
Commerci a 1 Act i v it ies.
The Oakland Planning Code shall be amended to include a new definition for
Ori ve-Through Nonresidential Faci 1 ities (Section 2614), and a new section outlining Special Regulations for Drive-Through Non-Residential Facilities (Section
7034). Section 7034 will specify the zones in which Drive-Through Facil ities
wi 11 be conditionally permitted and outl ine specific use permit criteria for
such facilities. Standards and dimensions for drive-through lanes and stacking
spaces will also be presented as mandatory zoning reqUirements.

GUIpELINES
The Guidelines for the Development and Evaluation of Fast Food Restaurants would
be revised to emphasize design and landscaping standards related to the development of Fast Food Facilities/Sites. ?erfonnance standardswould be redefined:
and expanded to minimize the negative impacts associated with the operation of
Fast Food Restaurants on surrounding areas. For ease of reference, the Guidelines would also include the Planning Code requirements changes outlined in this
report.

Case No.:
Page -5-

ZT88-204

A major addition to the Guidelines would be the new requirement for submittal of
key information to expedite project evaluation by staff. Additional application
requirements would include a Vicinity Map showi-ng the location of other Fast
Food Restaurants, and Fast Food Restaurants that are vacant or abandoned or
converted to another use; and a Traffic Map with a variety of information
inclUding data on vehicular and 'pedestrian circulation.
If the City Council approves the proposed changes to the Zoning Regulations. the
revised Guidelines will be presented to the Planning Commission for consideration in the near future.
REC()f!EN)AUQNS

1.

Adopt the proposed revisions to the Oak land Pl anning Code as outl ined in
this report.

2.

Urge the Pl anning Commission to adopt revisions to its existing Fast Food
Restaurant Guidel ines consistent with the recommendations outl ined in this
report

F-170 ZT88204.GAA
Attachment

!LB

.a .E I

Guidelines
On __ ~

1989, the Oakland City Council adopted Ordinance

_______________C.M.S.

This ordinance amended the Oakland Zoning Regulations to

require a Conditional Use Permit for.sll Fast Food Restaurants and for Drive
Through Facilities in Oakland,

and superseded Ordinance 9554 C.M.S. adopted on

December 27, 1977.

The following Fast Food Restaurant Guidel ines have been adopted by the City
Planning Commission, pursuant to Section 4 of the Planning Code to provide
guidance in the administration and interpretation of the Zoning Code,
supplement

~I!.d.:t.Q

complement 1h mandatory reQuirements Qf the Zoning Regulations.

The Guidelines outline locational, design and

performance standards and are

intended for use in conjunction with specific requirements outl ined in the
Zoning Regulations.
The Guidelines are designed to be applicable to freestanding facilities as well
as to facilities which are part of an existing structure:

however, some

guidelines may not be applicable in all cases.

In

an

effort

to

provide

comprehensive

information

to

potential

developers/operators of Fast Food Restaurants and Drive-Through Facilities, this

document references both the mandatory zoning regul ations and discretionary
standards which regulate Fast Food Restaurants and Drive-Through Facilities in
Oakland.

To differentiate between both requirements, the zoning regulations are

underlined throughout and appear in bold type.

POLICY
To encourage successful, well-designed Fast-Food Restaurants in appropriate
locations to serve the needs of Oakland residents.

DEFINITION
Fast Food Restaurant Commercial Activities.

Fast Food Restaurant Corrmercial

Activities include the retail sale of ready-to-eat cooked foods and beverages,
for on or off-premises consumption, whenever the foods and beverages are
avaflable upon a short waiting time and are priasarfly served in or on disposable
wrappers, containers. or plates.

Fast Food Restaurants may also exhibit other

design and operating characteristics. incl uding:

(1)

a limited menu; (2) food

is typically ordered and served at a service counter;. (3) food is paid for prior
to consumption; (4) the facility in which the activity/use is occurring provides
a take-out counter space and space for customer queing.

They also include

certain other accessory activities as specified in Section 2211.

This definition typically applies to chain or franchise restaurants such as
MacDonalds, Burger King and Kentucky Fried Chicken, but also includes independently-owned businesses such as "Mom n' Pop" sandwich shops.
donut/cookie stores, delicatessens and
included in this definition.

Bar-B-Qu~

Ice cream parlors.

take-out restaurants are also

It does not include retail grocery stores. conve-

nience stores or other businesses selling food or beverages as an accessory use.

or food operations which are an incidental part of a significantly larger business such as a lunch-counter in a supermarket.
Administrative interpretation of what constitutes a Fast-Food Restaurant shall
be sUbject to appeal to the City Planning Commission. pursuant to the existing
appeal provisions at Section 9100 of the Zoning Regulations.
LOCATIONAL STANDARDS
Fast Food Restaurants shall be so 10cated that they wi 11 not contribute to undue
prol iteration of such uses in areas where additional ones could result in a
negative impact on surrounding uses. The establishment of Fast Food Restaurants
should not adversely affect access to. or the operation of. adjacent or nearby
rel igious facil ities; pUbl ic or private parks. schools or pl aygrounds. or other- ;J.
wise jeopardize the public safety or welfare.

2 -]./-y'

A..

ZONING
Fast Food Restaurants are prohibited in all residential zones. in the C-5
and C-I0 neighborhood/local commercial zones. and the C-52 Old Oakland
Coamercial Zone.

Fast Food Restaurants are pennitted in all other conwner-

cial and industrial zones. upon the granting of a conditional use permit.
pursuant to Section 9201 and Section 7023(a and e) of the Zoning Regul ations.
B.

DISTANCE BETWEEN ESTABLISHMENTS

~

Proljferatjon:

To ensure that a Fast-Food Restaurant will not contri-

bute to undue prol iteration. no Fast-Food Restaurant shall be located

within a 1.000 foot radius of an existing or approved Fast-Food Restaurant. as measu red from the center of the front property 1 i ne of the
proposed site. except in the Central Development District.

within the

main building of shopping center facilities. and in the C-36/S-4 Boulevard Service Conmercial Zone.

z...

Publ jc Safety:

To avoid potential pedestrian-vehicle confl icts. Fast

Food Restaurants with a drive-through window shall not be located within

500 feet of a public or private elementary school. park or playground.
measured perpendicular from the street right-of-way.

(1)

Bounded by the Grove/Shafter Freeway; Grand Avenue; the Embarcadero and Lake
Merritt.

DESIGN STANDARDS
Pol icy:

Fast Food Restaurants should harmonize with, and where appropriate,

enhance the surrounding area.

A. General
1. Regarding freestanding facilities, sites should be of sufficient size-at least 13,000 square feet -- to adequately accommodate the structure,
landscaping, parking, and areas for vehicular and pedestrian movement.
However, the structure should be compatible, both

wi~

respect to loca-

tion and architecture with surrounding facilities.

2. No outdoor, walk-up windows shall be provided.
3. Public rest rooms for both men and women shall be provided and available
during business hours.
4. A separate trash and garbage area of at least 150 square feet should be
provided which is totally enclosed or which is screened by a durable
fence or wall made of sturdy materials.

In addition, the disposal a;'ea

should be landscaped and should be equipped with doors and hardware

sufficiently durable to withstand rugged use.
5. Litter receptacles should be provided at a ratio of one receptacle for
every four parking spaces and/or every ten seats provided within the
restaurant facility, whichever is greater.

They should be distributed

throughout the parking area and eating areas for maximum customer convenience.

They should be located adjacent to both pedestrian and vehicu-

lar exits from the site and adjacent to exits from the building and any
outdoor seating.

Receptacles at vehicular exits should be designed to

accommodate customers in their cars.

Trash and Litter.

c 1es sha 11 be secu re 1 y located and of adequate

and volume of litter generated by the facility.

STANDARDS -D. Trash and Utter.)

Litter recepta-

i ze to contain the type

(See a 1so PERFORMANCE;J. 7

z,"2/-1' Ii

6. There should be no exterior vending machines such as soft drinks dispensers, ice cube freezers, and the 1ike.

Newspaper racks are acceptabl e

if they are designed to be an integral part of the design of the structure.

B. APPEARANCE
~

The architecture, site-design and layout of Fast Food Restaurants shall

be compatible and harmonize with that of the immediate neighborhood in
terms of mass, scale, form, building colors and materials.

Particular

emphasis shall be given to setbacks, height and street-frontage to

ensure that the project will not interrupt or impair the continuity of

discouraged.
2. Materials such as wood, concrete and different types of masonry shall be
used in preference to materials such as plastic, enamelated or corrugated meta 1 s.

Subdued co 1ors such as ea rth tones are p refe rab 1 e to

flashy colors which should be used only in limited amounts for accent
purposes.

Variety in the use of paving materials is also encouraged, to

include stone brick, tile and exposed aggregate.

3. Roof 1 ights, refrigeration or venting units, mechanical equipment or
other features which are not designed to be integral parts of the main
structure; shall be appropriately screened.

Inflexible building proto-

types which result in an inabil ity to meet setback and compatibil ity
requirements ARE PROHIBITED.
.

4. The site-area covered by driveways, maneuvering aisles and patking

spaces shall at least be the minimum necessary to satisfy the pertinent
Zoning Regulations. However,

the arrangement and layout of such facili-

ties shall enhance the design and function of the structure, without
compromising open space and landscaping requirements.

~7
~-U ....rl

5. If the facility is part of a larger complex of facilities such as one of

several comprising a continuous store front area or it it is located
within a shopping center, it should take its form and design characteristics from the larger complex and be complementary to it.
C. Access

Circylation

foyr-lane street

2.

I~ ~~

~ ~ ~ DQ ~ ~

ynimpeded streetcircYlgtiQD

sybject 1Q the SQQLQys} Qf

~ ~l~

Traffic Engineering

safety,

~~~

Parking Depart-

D. Park i ng
1. Parking spaces shall be provided as indicated by Section 7513 Off-street
Parking - Commercial Activities.
2. Off-street parking shall be prohibited 1'n any yard with street-frontage.
3. Installation of a bicycle rack with a capacity for at least five

bicycles shall be encouraged.

E.

LANDSCAPING
A landscape plan for the site, prepared by a licensed Landscape Architect
or other qualified person, must be approved by the Director of City Planning prior to issuance of a Building Permit. The landscape plan should
include but not necessarily be limited to the fol lowing:
1. A minimum of 20 percent of the total site area shall be landscaped.

All

requi red yards abutting streets and not used fo.r vehic.l e maneuvering
shall be landscaped.

A landscaped strip of at least five feet wide

shall be instal led along the perimeter of the site, exclUding access
points.
2. Landscap i ng sha 11 inc 1 ude different kinds of plants, sh rubs, and trees
to provide variety in sizes, shapes and colors.

3. Landscaping shall be varied and sensitive to the proposed 1 ayout and

adjacent development, with specific reference to abutting residential
uses.

Vegetation should be appropriate for the proposed function,

including ornamentation, buffering and screening.

4. Due consideration shall be given to drought tolerance in the planting
design, irrigation design, use of mulch and other landscape details.
5. Planting areas along street frontages shall be cultivated with shrubs
that achieve sufficient height to screen parked vehicles from the
street.
6. Landscaped strips should be a minimum five feet wide, measured from the
inside of the curbs.
7. Canopy trees shall be used along the perimeter of parking lots, in
islands, and along walkways to shade parking spaces and other vehicular
or pedestrian circulation.

The base of the restaurant building shall be

planted suitably.
8. Pl anted areas shall be bordered by concrete or masonry curbs at 1east
six inches high.
9. Raised planters or planters provided with raised landscape walls shall
be provided to screen unsightly areas or large expanses of paving.
10. Mounding of landscape areas is encouraged; berms and other similar

techniques shall be used for relief on flat sites.

11. Street trees shall be provided to the satisfaction of the Director of

Parks and Recreation.

12. Use of nonliving plant material shall be" prohibited. "
13. All planting material shall be permanently maintained in good growing

condition, and, whenever necessary, replaced with new plants.

The

appl icant shall contract for maintenance services -with a reputable

;;(7
-Y'j

1andscaping fi rm prior to the issuance of a certificate of occupancy. -z,-2 1

The contract shall be renewed on an annual basis, and a copy shall be

submitted to the Director of City Planning for review and approval.
~

SCREENING AND BUFFERING

1. Sound attenuation devices and heavy landscaping shall be used to screen
and separate Fast Food Restaurants from adjacent residential uses.
2. Except for areas used for traffic circulation, a solid grill, lumber or
masonry wall or fence not less than six feet high (to be lowered to
three feet, within 10 feet of the street right-of-way) shall be maintained along all interior lot lines, where the interior lot lines abut
residential development, the fence shall be between six to eight feet
high, except within 10 feet of the street right-of-way, when it shall be
f ou r feet hi 9h.
3. Planting areas should be provided along the inside of such fencing or
walls, and vertical pl ant materials used, to give visual rel ief and
interest from the lengthy expanses of wall.
4. Screening and fencing should be provided in commercial or industrial
areas to provide definition of boundaries, needed changes in background,
screening of parking or to hide unsightly areas.

G.

AND ADVERTISEMENTS

All signs shall be subject to the appl icab1e 1 imitations set forth in
Sections 7046 and 7023(s) of the Zoning Regulations, and the limitations on
signs for each zone, as well as to the following:

1. All signs shall be nonmoving.

2. Illumination shall be nonflashing.
3. No streamers, banners or windsigns shall be displayed.
4. Exterior loudspeakers shall not be used for advertising or entertainment
purposes.

'.

S. The combined total area of all signs on anyone site should not exceed
1.0 square foot for each one foot of abutting street line in the case of
interior lots and

0.5 square feet for each one foot of abutting street

line in the case of corner lots. The aggregate area shall include signs
on marquees, awnings and canopies.

It shall include only one side of

double face signs but all faces of signs with more than two faces.
6. Except for di rectional

signs, there shoul d be a maximum of one

freestanding sign per site.

PERFORMANCE STANDARDS
EQl~~s1~m~:

Fast-food restaurants shall be so conducted that their

operation does not have a negative impact on the surrounding area, or on the
public safety and welfare.
A. Hoyrs.Qf OperAtion.

The activity should be compatible with neighboring

residential uses.

Standard hours of operation shall be confined to the

period between 6:00 a.m. to

a.m.

These hou rs may be extended

particularly on Fridays and Saturdays if the extension will not interfere

with neighboring residential uses.
B.

.Q!1Qr.

1. The activity shall be operated so that no odors are discernible by the

average person at the property lines.
2. The use shall .be designed and operated to contain fumes and odors within
the cooking areas.
3. Exhaust ducts shall be located and directed away from abutting
residentially developed parcels.
C. t!Qill

1. Noise levels measured at the property line shall not exceed the level of

background noise normally found in the area.

2. Where any lot line of a lot containing a Fast Food Commercial Facil ity
abuts a residentially zoned or developed parcel (a) noise levels
measured at any lot line of the lot with the facility shall not exceed
60 dba,

which is the maximum acceptable noise level for urban

residential land use activities; (b) the use of mechanical equipment

associated with construction maintenance activities or garbage
collection shall be 1imited to the hours between 7 a.m.-7 p.m. to avoid
disruption of resident's sleep.
D.

I.M.S.ti AND LInER

1. Disposable containers, wrappers, and napkins util ized by Fast Food
Restaurants shall be imprinted with the restaurant name and/or logo.
2. Each appl icant shall be required to submit a litter control plan to keep
the premises and surrounding one block area free of trash.

The Plan

sha 11 inc 1ude, but not be 1 i mi ted to:

(a) daily sweeping and trash collection of the premises, sidewalk and
gutter area along its street frontage;
(b) steam cleaning of the sidewalk area abutting the site as required;
(c) a Litter Container Plan showing the distribution of litter
receptacles on the site and in the public right-of-way.

Receptacles

shall be provided at a ratio of one for every four parking spaces

and/or every 10 seats whichever is greater.

Such facilities should

be located at pedestrian and vehicular exits from the site; adjacent

to exits from the facility and next to any outdoor seating.

litter

receptac 1~s sha 11 be secu re 1y located;

(d) a Litter Management Plan consisting of policies to be followed by
employees in keeping the premises and prescribed area free of trash,
and an employee work schedule which assigns such responsibfl ities to

27

2'),/,i"9

employees;
.. J

10

'.
3. A separate trash and garbage area of at least 150 square feet shall be
provided; this area shall be totally enclosed, screened and landscaped.
4. With respect to litter control, a contractual arrangement with a private
firm to clean the premises and the surrounding one block area of litter
generated in the business may be required.
E. LIGHTING

Exterior lighting shall be adequate for the illumination and protection of

the premi ses and shall be i nsta 11 ed so that 1 i ght fa 11 s on 1 y upon the
premises.
luminaries.

Yard and driveway lighting shall be provided at low-level

No fluorescent 1 ights shall be used for area 1 ights.

lighting shall blink, flash and change color or intensity.

No

No string

1i ghts shall be used.

F. LOITERING/ILLEGAL ACTIVITY
The owner/manager of the activity shall be responsible for the orderly
conduct of employees, patrons and visitors towards each other to passersby.

G. STORAGE
The activity shall be operated so that there is no storage of merchandise,
cartons, cases or other materials visible from the street or abutting
properties.
H.

A copy of these Performance Regul ations and all Conditional Use Permit
Conditions of Approval shall be posted alongside the necessary business
licenses and be visible at all times to employees and the general public.

Drive-Throygh Facilities
Because of the traffic and circulation impacts associated with the operation of
a drive-through lane, separate regulations and review criteria are proposed for
Drive-Through Facilities.

Drive-Through Facilities shall be defined as a prin-

cipa1, rather than accessory activity complementary to Fast Food Activities, and
shall be permitted upon the granting of a Major Conditional Use Permit, with
requ i red findings pursuant to the Genera 1 Use Pennit Crited a and Speci a1 Use

,,

;J,7

z,"'21,n

.-

-\

(
\ iPermit Criteria for Drive-Through Facilities, at Sections 9204 and 7034 of the

Planning Code respectively.

These criteria shall focus on internal circulation

and the capacity and design of queing lanes.

DEFINITION

h Drive-Throygh Nonresidential Facility

~1~

persons 1.2

property
~

~ ~

~i.Y ~ 3.C.Yill.QI

condycting

1h system consists .Q1

vehicular access system desjgned

transaction whjle remaining within ih

~

th rough .t.b.
~

vehi-

~ ~ .QI ~

vehicular stacking/gyeing lane(s)

service locations/windows. drjve-through facO ities

~iL Commercia~

~ ill.YJ.n.g

pu rchase goods

intended .:t.Q accommodate

Manufacturing, Agricu~l .QI Extractive Activities.

They

Sect jon 2221,

SPECIAL REGULATIONS FOR DRIVE-THROUGH NONRESIDENTIAL FACILITIES
The .fQ.llowing regyl ations

~1

applY12 Drive-Throygh Nonresjdentjal Facll itjes

wherever permitted;

ill Standards. h driveway

drive-through window

1l.Q:t
~

i l l .QD.1y

~.tiM S.3 ~ ~.1.

~11

~ .QI ~

so situated .tMt

stacking .QI Qyeing

be separated from parking

ilnsl

vehicul ar .Qyerfl ow .f.J:Q!D 11;

~l

~1

facil ity
llQt

~11

.QD.1Q
~

publ ic streets or.ill.!!JllQr: circulation aisles.Q1.anv parking 1.21a.

~i1~

~11

~.Y

durab1~

~ll-weather

satisfactorY .Qill.Qg1.Q.f surface waters

llill

.b permanently maintajned

ill Dimensions.

~ yehicl~ ~

,g drive-through window

.an

.i.D length.

capacity .Q1

in

surface;

~11

hA.Y

grading i l l drainage:

cond1.t1on.

comprising

~l ~ ~

i2.r

~ ~ ~1

the premjses.

.QI!

stacking .QI gueing

minimym .Qf i l l .fHt .in nsl:th

Such stacking ,gI gueing lA.Q

~ll

ll.v

~.fiu:

twenty

.A maximym

vehicles.

.27
;L-tl-tf7
.~

12

(c) Use Permit Criteria.

A Drive-Through Nonresidential Facil ity shall be

permitted in All commercial snQ indystrial

~

~ ~ ~ ~ ~

C-31,

Q..Yrsyant 1.Q i l l
J.m.Q.D

Condition~l ~.

determination 1.Illlill

except

granting

~ ~

~ ~ ~

conditional

permjt

Permit Procedyre.at Section 9200, .a.J1SJ

~rQposaL. in

permit criteria in .that Sect jon, conforms

addition 1.Q ill general

1bsl

.tg

permit criteria ill

i2l:th below;

1... .I.!:llllli proposed lltl1lli :4.111

~ ~

Ihst

1h

proposed

~~ ~1
~

not impair the retention

Ihst

1h.

impair ~

s.neral1~ continuoy~

byilding facades.

trationsnQ continuity

~.

.DQt resyl1 in weakening the concen-

J::.tl.gll f9.ill ities At ground

Q!

proposed facility

creation

~1.D2t

reduction in 1h circylation

il~h

An fmportant shQpping front-

directly resylt 1.0

~ ~

snQ will

service

significant

adiacent streets.

(d) Performance Standards

!i.Q.ill

Drive-through speakers shall not exceed 60 dBa/Lvn as measured from

any property 1 i nee
.!J..c..Qs.o Design
(1)

Drive-through lanes shall be buffered from adjacent properties

by means of heavy landscaping and/or fencfng as appropriate.

(if)

Any lighting used to illuminate the queing/stacking lane shall

.

"

be so arranged that all direct rays of such 1 ighting are CQn-'

fined tQ the surface Qf the queing lane.
(iii) Sites shQuld be Qf sufficient depth, tQ adequately accommodate
the drive-thrQugh lane and reqUired queing spaces, withQut
intruding into the public right-Qf-way.
.
. '; {'

-,

13

'

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2-,],/41

ReQuirements fQr Existing

fQQg Restaurants

An operator of an existing Fast Food Restaurant with a Drive-Through Facility

who applies for a permit to modify or expand the facility shall conform to the
Special Regulations for Fast Food Restaurants and Use Permit Criteria for DriveThrough Faci 1 ities, as outl ined in the Zoning Regul ations, Section 7023 (a and
e) and 7034 respectively.
Application ReQuirements
In addition to required plans and design, all applicatibns for Fast Food
Restaurants shall include:
1.

A vicinity map for a one-mile radius around the site, showing the location of other Fast Food Restaurants, stores sel ling readily consumable
goods, and Fast Food Facilities which are vacant, abandoned or converted
to another use.

2.

A Traffic Map, prepared by a licensed Traffic Engineer or other qualified professional, showing major intersections, street and sidewalk
widths, crosswa"1 ks and traffic signal s, adjacent publ ic parking, the
location of driveways on adjacent properties; the location of transit
facil ities (bus stops, shelters); the presence of vertical and horizontal curbs.

3.

The number of customers and trips anticipated to be generated by the use

and the distribution of trips by mode of travel.

F-183 lFASFOD.GAA

14