Loading...
HomeMy WebLinkAbout1199 - Outdoor & Drive In or Take Out RestaurantsTHS:aem 12/15/66 • I 40 �p� r ORDINANCE NO. 1199 AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH EXTENDING THE EXPIRATION DATE OF CERTAIN INTERIM ZONING REGULATIONS PROHIBITING OUTDOOR RESTAURANTS AND DRIVE IN OR TAKE OUT RESTAURANTS IN COMMERCIAL ZONES AS PROVIDED IN ORDINANCE N0, 1174 WHEREAS, the terms "drive in " and "take out restaurant" as used in this ordinance are intended to have the following mean- ing: A place of business which sells food products or beverages and which delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter or similar method or device; and 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 con- sumption on the premises where such place of business is located, and which provides for, or permits consumption of, such food pro- ducts or beverages on any portion of such premises not within a fully enclosed building, consisting of a permanent structure, hav- ing a roof and four walls; and WHEREAS, the City Council of the City of Newport Beach on the 25th day of July, 1966 adopted Ordinance Noe 1174 entitled "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 "; and WHEREAS, Section 1 of said Ordinance No. 1174 provides as follows: "Section to Notwithstanding any ordinance of the City or provision of the Newport Beach Municipal Code to the con- trary, until such time as the City Council shall repeal this ordinance or upon the expiration of 180 days from the effective date of this ordinance, whichever first occurs, no building permit application shall be accepted for filing and no building permit shall be issued, including any building permit applica- tions now pending, for any outdoor restaurant or drive through or take out restaurant as defined in this ordinance. "; and WHEREAS, said ordinance will automatically expire and become null and void on January 21, 1967 unless the City Council . acts to extend the expiration date of said ordinance; and WHEREAS, the City Planning Commission has conducted studies to determine whether additional zoning regulations are needed to control outdoor restaurants and drive in or take out restaurants, and has recommended an ordinance providing for such additional regulations to the City Council; and WHEREAS, the City Council has determined that additional time is needed to study the ordinance recommended by the Planning Commission and to evaluate its effect on restaurant businesses within the City; 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 1. The restrictions relating to the acceptance of applications for and issuance of building permits for any out- door restaurant or drive in or take out restaurant as set forth in Ordinance No. 1174 are hereby extended to April 24 1967, or until such time as the City Council shall repeal this ord- inance, whichever event first occurs. Section 2. 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 show- 0 ing its urgency: The City Council finds that there is a need for additional 2. time to enable it to evaluate the proposed ordinance recommended by the Planning C9mmission for the purpose of regulating the construc- tion of outdoor restaurants and drive in or take out restaurants. • Unless the interim zoning regulations applicable to said restaurants as set forth in Ordinance No. 1174 are extended for an additional period of time, it is probable that a number of such restaurants would be constructed in the City prior to the time that new legisla- tion could be enacted. Serious doubts exist as to whether the development of additional outdoor restaurants and drive in or take out restaurants would be desirable prior the enactment of appropri- ate zoning regulations to control such developments. It is, there- fore, imperative that this ordinance become effective immediately. j • 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 27th day of December, 1966, by the follow- ing vote, to wit: AYES, COUNCILMEN: Parsons, Rogers, Marshall Foreit. Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: Cook. CSrLber 3.