HomeMy WebLinkAbout95-65 - Amending Portions of Title 20, More Specifically Chapter 20.72 with Regard to Required Findings for Approval of Use Permits for Establishments Which Provide Alcoholic Beverage Service (Planning Commission Amendment No. 831)ORDINANCE NO.. 95 -65
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING PORTIONS OF TITLE 20, MORE SPECIFICALLY
CHAPTER 20.72 WITH REGARD TO REQUIRED FINDINGS FOR
APPROVAL OF USE PERMITS FOR ESTABLISHMENTS WHICH
PROVIDE ALCOHOLIC BEVERAGE SERVICE
(Planning Commission Amendment No. 83 1)
WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach
provides that Title 20 (the Zoning Code) may be amended by changing provisions whenever the public
necessity and convenience and the public welfare require such amendment; and
WHEREAS, on October 5, 1995, the Planning Commission of the City of Newport
Beach held a public hearing regarding Amendment No. 831; and
WHEREAS, the Planning Commission has determined that the subject amendment is
exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations); and
•WHEREAS, at its meeting of October 5, 1995, the Planning Commission adopted a
resolution recommending to the City Council the adoption of Section 20.72.020 C, to Chapter 20.72
of the Municipal Code; and
WHEREAS, on December 11, 1995, the City Council of the City of Newport Beach
held a duly noticed public hearing regarding this ordinance;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Newport Beach does hereby ordain an amendment to Section 20.72.020 of the Newport Beach
Municipal Code with the proposed amendment as follows:
SECTION 1. That Section 20.72.020 shall be amended to read as follows:
20.72.020 USE PERMIT REQUIRED.
• A Restaurants may be permitted in all zoning districts designated for such uses, and in any
Planned Community Districts or Specific Plan Areas designated for said uses, subject to the securing of
a Use Permit in each case.
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B. A Use Permit, or an amendment to a Use Permit, shall be required prior to any change in
the operational characteristics of a restaurant.
• C. That in order to approve a use permit for the establishment of any bar where alcoholic
beverage service is included, or in the consideration of an appeal of the decision of the Chief of Police
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regarding the public convenience or necessity for retail alcoholic beverage licenses, the Planning
Commission or City Council shall make the following findings:
1. The proposed use is consistent with the purpose and intent of this Section.
2. Establishment, maintenance or operation of the use will not, under the
circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood or injurious to property or improvements
in the area.
In making findings required by this section, the Planning Commission or City Council shall
consider the following:
a. The use serves public convenience and necessity.
b. The crime rate in the area as compared to other areas in the City.
C. The number of alcohol licenses per capita as compared to the county-
wide average.
0 SECTION 2. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same
shall become effective thirty (30) days after the date of its adoption.
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SECTION 3. This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the 27th day of November, 1995, and was adopted on the 11th
day of December 1995, by the following vote, to wit:
• AYES, COUNCIL MEMBERS O'NEIL, EDWARDS, DEBAY,
COX. GLOVER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS MMGES, WATT
MAYOR -)
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ATTEST: g�° P�
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CITY CLERK
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