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CC - ACTION ITEM: (1) Discussion of Potential Drive-Through Ban; (2) FOUR-FIFTHS VOTE REQUIREMENT: If Desired, Adoption of an Interim Urgency Ordinance Establishing a 45-Day Moratorium on the Issuance of Any New Building Permits or Entitlements for New Drive Through Uses; and/or (3) If Desired, Direction to Prepare a Regular Ordinance for Direct Consideration by City Council, or for Consideration by the Planning Commission for Recommendation to City Council; and/or (4) Direction to the City Manager as Deemed Appropriate.
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Meeting Date: June 8, 2026
Contact Person/Dept.: Peer Chacko, Senior Planner
Christina Burrows, Assistant City Attorney
Phone Number: (310) 253-5755 / (310) 253-5662
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [X]
Attachments: Yes [X] No [ ]
Public Notification: (E-Mail) Meetings and Agendas - City Council (06/04/2026)
Department Approval Name, Title Date: Emily Stadnicki, Acting Director of Planning & Development (06/01/2026); Heather Baker, City Attorney (06/03/2026)
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RECOMMENDATION
Staff recommends the City Council consider the following regarding a potential drive-through (thru) ban:
1. Discuss Mobility Subcommittee recommendation of a drive-through ban;
2. If desired, adopt an urgency ordinance (four-fifths vote required); and/or
3. If desired, direct staff to prepare a regular ordinance for direct consideration by the City Council, or
4. If desired, direct staff to present such ordinance to the Planning Commission for recommendation to the City Council; and/or
5. Provide other direction to the City Manager.
BACKGROUND
On March 2, 2026 the City received a Preliminary Project Review Request Application for a new In-and-Out Burger drive-thru restaurant. This would be the first new drive through restaurant in Culver City since 1997. On January 6, 2026 and February 3, 2026, the applicant conducted the required community meetings. At the community meetings members of the public raised concerns about traffic, automobile queueing and idling, air quality, odors, trash, pests/vermin, pedestrian safety, hours of operation and late-night activity/incidents, and impacts on the adjacent school and park.
At the February 23, 2026 Council meeting, Vice Mayor Fish requested and received consensus from the City Council to remand a discussion on the banning of drive throughs to the Mobility Subcommittee.
On May 12, 2026, staff presented an item on a potential drive through ban to the Mobility Subcommittee. Staff provided a summary of existing drive throughs and current regulations in Culver City, an overview of drive through market trends, and a summary of ban rationales and status of other California City bans. Staff offered three regulatory approaches to consider:
• Establish stronger objective design/operational standards as part of the existing CUP approval process, with special consideration for residential/school adjacency.
• Consider a drive through ban only in special areas such as Hayden Tract or Fox Hills.
• Consider a citywide drive through ban.
After discussion and public comment, the Mobility Subcommittee recommended that staff prepare an ordinance establishing a citywide ban of new drive throughs that would not affect existing drive throughs. The Subcommittee recommendation was based on the public comments that drive throughs are a product of car-centric design which has sweeping impacts on public health and safety because of car-idling and smog creation, dangerous zones for pedestrians (particularly children), and increased obesity rates. The Subcommittee further discussed that drive throughs do not match Culver City’s General Plan 2045 goals related to addressing climate change, reducing emissions, promoting safety, and creating a walkable and accessible city. Staff informed the Mobility Subcommittee that a zoning ordinance could be prepared and presented by July 2026.
After the Mobility Subcommittee meeting, the new drive through applicant informed staff that they anticipate submitting their application by June 15, 2026. Staff will then have 30 days to determine whether the application is complete.
DISCUSSION
There are three procedural pathways to consider regarding implementation of a new drive-thru ban:
1. Adopt an interim urgency ordinance that would pause the approval of any applications for new drive throughs while an ordinance banning new drive throughs is being prepared and considered.
2. Direct staff to bring a regular ordinance banning new drive throughs directly back to City Council for consideration.
3. Direct staff to take a regular ordinance banning new drive throughs to the Planning Commission for a recommendation prior to bringing it forward to City Council for consideration.
Interim Urgency Ordinance
Government Code section 65858 allows the City Council, in order to protect the public safety, health, and welfare, to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the Planning & Development Department is considering or studying or intends to study within a reasonable time. The City Council shall not adopt or extend any interim ordinance unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.
An interim urgency ordinance requires a 4/5 vote of the City Council for adoption. It takes effect immediately and expires 45 days after its adoption unless it is extended. It may be extended for 10 months and 15 days and subsequently extended again for an additional year, for a total amount of time not to exceed 2 years.
Regular Zoning Ordinance
As an alternative, the City Council can provide direction to staff as to whether to prepare a zoning ordinance banning new drive through businesses. This ordinance could be presented to the Planning Commission and then to the City Council, or it could be presented directly to the City Council.
Staff seeks Council direction regarding the desired pathway to pursue and welcomes any other direction regarding drive throughs.
FISCAL ANALYSIS
A potential citywide ban on new drive throughs would impact potential future city revenue that would otherwise be received from new drive through businesses. The significance of this impact would depend on future market conditions that are outside the City’s control.
ATTACHMENTS
1. Interim Urgency Ordinance
2. Public Comments Regarding Drive Through Uses (part 1)
3. Public Comments Regarding Drive Through Uses (part 2)
recommended action
MOTION(S)
That the City Council:
1. (If desired) Adopt an interim urgency ordinance establishing a 45-day moratorium on the issuance of any new building permits or entitlements for new drive through uses (four-fifths vote required); AND/OR
2. Direct staff to bring back a regular ordinance to the City Council; OR
3. Direct staff to take a regular ordinance to the Planning Commission for recommendation to the City Council; AND/OR
4. Provide other direction to the City Manager as deemed appropriate.