HomeMy WebLinkAbout1174 - Outdoor & Drive Through or Take Out RestaurantsTHS:aem
7/26/66
ORDINANCE NO. 7174
AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT
BEACH ESTABLISHING INTERIM ZONING REGULATIONS
PROHIBITING OUTDOOR RESTAURANTS AND DRIVE THROUGH
OR TAKE OUT RESTAURANTS IN ANY COMMERCIAL OR
MANUFACTURING ZONE OF THE CITY
WHEREAS, the term 'Outdoor Restaurant" as used in this
ordinance is intended to have the following meaning: A place
of business which sells or serves food products or beverages for
consumption on the premises where such place of business is
located, and which provides for, or permits consumption of, such
food products or beverages on any portion of such premises not
within a fully enclosed building, consisting of a permanent structure,
having a roof and four walls, all of which conforms to the Uniform
Building Code, 1964 Edition, Volumes I and III, as adopted by
Section 8100 of the Newport Beach Municipal Code; and
WHEREAS, the term "Drive Through or Take Out Restaurant"
as used in this ordinance is intended to have the following meaning:
A place of business which sells food products or beverages and
•
which
delivers such
food products
or beverages
to customers
out-
side
of the building
in which they
are prepared
by means of
a
service window, counter or similar method or device; and
WHEREAS, outdoor restaurants and drive through or take
out restaurants attract large groups of people and motor vehicles;
and
WHEREAS, the above - described restaurants often create
the following special problems in the areas in which they are
located:
1. Heavy pedestrian and motor vehicle traffic on the
adjacent streets and sidewalks.
2. Additional demands on the police department to
control unlawful conduct on the premises.
3. Scattering of trash and garbage throughout the
• neighborhoods in which such restaurants are located.
4, The attendant noise created by the patrons of such
restaurants, including noise from the rapid acceleration of
motor vehicles both entering and leaving the premises; and
• WHEREAS, the problems associated with outdoor restaurants
and drive through or take out restaurants are accentuated in this
City by reason of the heavy influx of transient visitors during
the summer months and by the fact that many of the potential sites
for such restaurants are in close proximity to densely populated
residential areas of the City; and
WHEREAS, at the present time outdoor restaurants and
drive through or take out restaurants are a permitted use in any
commercial or manufacturing zone of the City and are not subject
to any special regulations of any kind, including off - street parking
requirements; and
WHEREAS, the Planning Commission and Planning Department
are conducting studies to determine whether additional zoning
regulations are needed to control outdoor restaurants and drive
zones in which they are presently permitted; and
WHEREAS, Section 412 of the City Charter provides that
any ordinance declared by the City Council to be necessary as an
emergency measure for preserving the public peace, health, or
safety and containing a statement of the reasons for its urgency,
may be introduced and adopted at one and the same meeting if passed
by at least five affirmative votes;
NOW, THEREFORE, the City Council of the City of Newport
Beach does ordain as follows:
Section le Notwithstanding any ordinance of the City or
provision of the Newport Beach Municipal Code to the contrary, until
such time as the City Council shall repeal this ordinance or upon
. the expiration of 180 days from the effective date of this ord-
inance, whichever first occurs, no building permit application shall
be accepted for filing and no building permit shall be issued,
2.
through or
take out
restaurants and to
determine
whether
such
restaurants
should
be totally excluded
from some
or all
of the
zones in which they are presently permitted; and
WHEREAS, Section 412 of the City Charter provides that
any ordinance declared by the City Council to be necessary as an
emergency measure for preserving the public peace, health, or
safety and containing a statement of the reasons for its urgency,
may be introduced and adopted at one and the same meeting if passed
by at least five affirmative votes;
NOW, THEREFORE, the City Council of the City of Newport
Beach does ordain as follows:
Section le Notwithstanding any ordinance of the City or
provision of the Newport Beach Municipal Code to the contrary, until
such time as the City Council shall repeal this ordinance or upon
. the expiration of 180 days from the effective date of this ord-
inance, whichever first occurs, no building permit application shall
be accepted for filing and no building permit shall be issued,
2.
including any building permit applications now pending, for any
outdoor restaurant or drive through or take out restaurant as
defined in this ordinance.
Section 2. Emergency ordinance effective immediately,
•
This ordinance is declared by the City Council to be
necessary as an emergency measure for preserving the public peace,
health, safety and welfare and shall take effect immediately upon
its adoption. The following is a statement of the facts showing
its urgency:
The City Council finds that there is a need to reevaluate
the City's existing zoning regulations applicable to outdoor
restaurants and drive through or take out restaurants and to consider
the enactment of new regulatory legislation.
It is probable that a number of outdoor restaurants and
drive through or take out restaurants would be constructed in the
City prior to the time that the studies currently under way can be
completed or new legislation enacted, Serious doubts exist as to
•
whether the development of additional outdoor restaurants and drive
through or take out restaurants in the City under existing regula-
tions would be'desirable. It is, therefore, imperative that this
ordinance become effective immediately,
Section 3. This ordinance shall be published once in the
official newspaper of the City.
This ordinance was introduced and adopted as an emergency
ordinance at a regular meeting of the City Council of the City of
Newport Beach held on the 25th day of July, 1966, by the following
vote, to wit:
AYES, COUNCILMEN- Rogers, Parsons, Marshall,
Gruber, Shelton
NOES, COUNCILMEN. Cook
ABSENT COUNCILMEN- Forgit
ATTEST-
Acting Cygy ClerkC K-�/ tub -tea✓
Mayor
3.