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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.