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HomeMy WebLinkAbout94-22 - Prohibiting the Issuance of any Permits for or the Establishment of New Retail Personal Service BusinessesORDINANCE NO. 94- 22 AN INTERIM EMERGENCY ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING THE ISSUANCE OF ANY PERMITS FOR OR THE ESTABLISHMENT OF NEW RETAIL PERSONAL SERVICE BUSINESSES. The City Council of the City of Newport Beach does hereby ordain as follows: • SECTION 1: Findings. The City Council finds and declares as follows: A. The City Council is authorized, pursuant to provisions of City Charter and Section 65858 of the Government Code, to adopt a temporary prohibition on the issuance of permits for, or the establishment of, land uses which may be in conflict with contemplated zoning ordinances which the legislative body, planning commission or planning department intends to study within a reasonable time. B. The City has concern that various personal service businesses which operate with individual work stations may create parking demand in excess of other retail uses. Businesses such as nail salons, barber shops, and beauty parlors can create excessive • parking demand when multiple work stations create demand for parking over and above the established parking standards for retail businesses. These businesses may have the potential, individually or in concentration with other personal services businesses to impact parking demand in business and residential areas in their immediate vicinity and reduce the desirability of the surrounding areas for residential or commercial uses. C. The City Council intends to study the potential parking impacts of these businesses in conjunction with other retail service uses in the City and the desirability of zoning ordinances or other regulations which establish separate parking standards for such businesses. 40 D. This Ordinance is deemed necessary as an emergency measure for preserving the public peace, health and safety in that: 1. Failure to study the parking impacts of such businesses and the opening of additional businesses within the City could individually, or in combination with existing -1- personal service businesses, adversely impact other commercial operations and property values in the vicinity and reduce the desirability of the neighborhood for certain commercial and residential uses; 2. There are currently no specific parking regulations • on the establishment of personal services businesses which distinguish their requirements from other commercial establishments. The City requires time to study the appropriate controls, if any, in the location or operation of such businesses and the study cannot be conducted unless a status quo is maintained for sufficient time to allow evaluation of the impact of such uses. SECTION 2: Prohibitions. A. No new personal service business establishments shall be established in the City of Newport Beach during the term of this Ordinance. B. No permit, license or other authorization shall be issued • to any person in conjunction with any proposal to open a new establishment or expand an existing establishment which offers personal services during the term of this Ordinance. C. As used herein, personal service business establishments include services such as nail salons, barbershops, beauty parlors or other businesses which operate with multiple individual work stations for employees or independent contractors. SECTION 3: Planning Study. The Planning Department is hereby directed to immediately commence a study of the parking impacts, and potential parking impacts, of such personal service business establishments, to evaluate the type of zoning, land use controls or other regulations appropriate to minimize or eliminate adverse parking impacts, and • to report its findings to the City Council at its regular meeting on May 23, 1994. SECTION 4: CEQA Guidelines. The City Council determines that this ordinance is "categorically exempt" as that term is defined in the California -2- Environmental Quality Act (CEQA) and the CEQA Guidelines. SECTION 5: Term. This Ordinance becomes effective on April 25, 1994, and shall remain in effect for a period of 45 days thereafter unless earlier terminated or repealed by Ordinance of the City Council. • SECTION 6: Severability. The City Council of the City of Newport Beach hereby declares that if any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: The Mayor shall sign and the City Clerk shall • attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of April , 1994, and adopted on the25th day of April 1994, by the following vote, to wit: AYES, COUNCILMEMBERS: HEDGES, SANSONE WATT, TURNER, HART, DEBAY NOES, COUNCILMEMBERS: NONE ABSENT COUNCILMEMBERS: COX • ATTEST: MAYO CITY CLERK -3-