Santa Monica May Limit Drive-In Sales

Judy Silverman knew there would be some noise when she bought a Santa Monica condo in the late 1980s next to a busy, 24-hour Jack-in-the-Box restaurant. She never dreamed how much.

As the opening of the Third Street Promenade transformed the city into a hot party spot, late-night revelers lined up at the drive-in window of the Wilshire Boulevard restaurant. Into the early morning, Silverman tried to sleep to the cacophony of honking horns and “May I take your order please?” from the drive-in.

So began a five-year battle for this unemployed paralegal and mother of two. Today, she is one step away from relief.

The City Council will consider a measure in the fall to outlaw drive-up window sales after 10 p.m. beginning in 1998 in all the restaurants in the city--including such older restaurants such as McDonald’s and Jack-in-the-Box.

Since 1988, city zoning ordinances have banned drive-up window sales from 10 p.m. to 7 a.m. in new restaurants near residential areas, but older restaurants--including the 30-year-old Jack-in-the-Box near Silverman’s home--were exempted.

The proposed change and a related interim ordinance approved last year by council have drawn protests from McDonald’s Corp. and Jack-in-the-Box’s parent company, Foodmaker Inc., whose officials say the actions are illegal.

The city attorney has said both fast-food giants would have strong cases in court because retroactively applying the restrictions to older restaurants may interfere with their property rights.