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HomeMy WebLinkAbout94-25 - Prohibiting for Ten Months and Fifteen Days the Issuance of any Permits for or the Establishment of New Retail Personal Service BusinessesORDINANCE NO. 94- 25 AN INTERIM EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING FOR TEN MONTHS AND FIFTEEN DAYS 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 multiple 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 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 has ordered a study of 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 isstandards for such businesses. D. On April 25, 1994, the Newport Beach City Council adopted an interim urgency ordinance prohibiting the issuance of any permit or the establishment of any new retail personal business establishments. On May 23, 1994, the City Council received and -1- approved a report on the actions taken by staff to respond to the urgency identified in the ordinance and the measures that staff intends to take in the future. The City Council's authorized to extend the current prohibition for a period of 10 months and 15 days after notice pursuant to § 65090 of the Government Code and a public hearing. The required notice has been given and the public • hearing has been held. E. 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 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 with multiple work stations which distinguish their requirements from other commercial establishments. The City requires additional 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 personal service establishment during the term of this Ordinance. -2- C. As used in this ordinance, the term personal service business establishments shall mean businesses such as nail salons, barber shops, beauty parlors or other businesses of a similar nature which engage in personal grooming activities in which operate at a single location with five or more individual, separate • work stations where customers receive manicures, hairstyles, haircuts or similar services from employees or independent contractors. SECTION 3: Exceptions. The provisions of this ordinance shall not apply to: A. Any property which was purchased for the purpose of commencing a personal service business where the purchase was consummated (escrow closed) on or before March 10, 1994. B. Any personal service business which provides on -site parking at the rate of at least .75 parking spaces for each work station. SECTION 4: 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 as soon as possible but in no event more than ninety days after the effective date of this ordinance. SECTION 5: CHQA Guidelines. The City Council determines that this Ordinance is "categorically exempt" as that term is defined in the California Environmental Quality Act (CEQA) and the CEQA Guidelines. SECTION 6: Term. is This Ordinance becomes effective on May 23, 1994, and shall remain in effect for a period of 10 months and 15 days thereafter unless earlier terminated or repealed by Ordinance of the City Council. -3- SECTION 7: 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 8: 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 23rd day of May , 1994, and adopted on the 23rd day of May , 1994, • by the following vote, to wit: AYES, COUNCILMEMBERS: SANSONE, WATT, TURNER, COX, DEBAY NOES, COUNCILMEMBERS: NONE ABSENT : HEDGES, HART wb \ordin \rttserv.ord -4-