HomeMy WebLinkAbout97-40 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code to Add New Section 20.60.115 Which Will Regulate Businesses Located in Mixed-Use Zoning Districts Between Hours of 2:00 A.M. and 5:00 A.M. [Planning Commission Amendment 862]ORDINANCE 97- 40
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE
20 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD
NEW SECTION 20.60.115 WHICH WILL REGULATE
BUSINESSES LOCATED IN MIXED -USE ZONING DISTRICTS
BETWEEN HOURS OF 2:00 A.M. AND 5:00 A.M. [PLANNING
COMMISSION AMENDMENT 8621
WHEREAS, certain businesses located in mixed -use districts have been operating well into the
early morning hours; and
WHEREAS, these businesses have the potential to create disturbances to the residential uses
which are permitted within these districts; and
WHEREAS, the Planning Commission has determined that it is appropriate to establish
reasonable limits on the hours of business to avoid these disturbances; and
• WHEREAS, on August 21, 1997 and September 18, 1997, the Planning Commission of the
City of Newport Beach held public hearings regarding Amendment 862; and
WHEREAS, on October 27, 1997 and November 24, 1997, the City Council of the City of
Newport Beach held a public hearing regarding Amendment No. 862; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that
the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
. SECTION 1: Chapter 20.60 of Title 20 of the Municipal Code shall be amended to add new
Section 20.60.115 to read as follows:
•
•
Ord 97 -40
20.60.115 Mixed Use Districts; Extended Hours
A. Definitions. For the purposes of this section, the following definitions shall apply:
I . Extended Hours. The time between the hours of 2:00 a.m. and 5:00 a.m.
2. Extended Hours Operation. Any commercial use that receives patrons or visitors during extended
hours.
3. Mixed Use District. Any zoning district which permits both residential and non - residential uses.
B. Prohibitions In Mixed Use Districts. No extended hours operation shall be permitted in mixed use districts,
except as provided in Section 20.60.115 (C) below.
C. Exceptions.
Existing Uses. Any existing extended hours operation which has operated as such for two or more
days per week prior to November 24, 1997. Any extended hours operation permitted under this
subsection which remains inactive for 180 consecutive days, shall be deemed to have ceased and
shall only be reestablished with the approval of a use permit, as provided in Subsections C -2 and
C -3, below.
2. Uses Regulated By Other Permits. Any extended hours operation regulated by an existing use
permit or a special event permit.
3. Uses Approved by the Planning Director. Extended hours operations approved by the Planning
Director under the provisions of Section 20.60.115 (D) below.
D. Plannina Director's Approval. The Planning Director may issue a use permit to approve an extended hours
operation in a mixed use district, upon making one or more of the following findings:
a. That the use is located adjacent to the boundary of the mixed use district and is oriented
away from the residential areas of the mixed use district.
b. That property on which the use is located contains site design and/or development
features which mitigate any potential significant adverse impacts to the residential areas
of the mixed use district.
C. That the use has operational characteristics which preclude any significant adverse
impacts to the residential uses of the mixed use district during extended hours.
• d. That the principal clientele of the use are residents of the mixed use district.
Ord 97 -40
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.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on November 24, 1997, and adopted on the 8th day of December 1997, by the following
vote, to wit:
•
ATTEST:
0(lg� tx .
CITY CLERK
F:\ W P5l \PLANK ING\PAT- AaEPORTS\A839.ORD
E
AYES, COUNCIL MEMBERS THOMSON, DEBAY, o'NEIL,
HEDGES, GLOVER, NOYES, MAYOR EDWARDS
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
•
0
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -40 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day
of December, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, and Mayor Edwards
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of December, 1997.
(Seal)
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -40 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: December 13, 1997.
In witness whereof, I have hereunto subscribed my name this 1j-&k day of
OQ. L,rr� , 1991.
.
117
City Clerk of the City of
Newport Beach, California