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HomeMy WebLinkAboutCC Ord 739 1967-12-26 <:;1;, ,<.:~... I I I "' ... ..'" , ORDINANCE NO. 18itj AN ORDINANCE, OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 628 ,BY ADDING SECTIONS 226.1, 1100 (17) (d) ',AND SECTION 1710- 5.1, ALL RELATING TO ' DRIVE-IN RESTAURANTS. The City Council of the City of Seal Beach does ordain as follows: Section 1. Article 2 of Ordinance No. 628 'is hereby amended by - . ~ "'-'- adding Section 226.1 todefirie Drive:ln Restau~an~~ as follows: ',::.;.d/ " ' , "Drive":In Restaurant- means a retail food service establishment in which all" or'a portion of; said food service is,to customers 'remaining in their automobi1~whi1e on the premises, or in which drive-in customers may park o~ premises, wal,k to an outside oriented food service facility and.'re'ceive,or consume:food,or beverages on the premises but outside of the food service building. This definition includes "Drive-Through" restal,lrant.:' , Section 2. of Ordinance No. the following:, Article 11 (C-2 General Commercial Zone (C-2 Zone) ) 628 is hereby amended by adding to Section 1100 (17) Drive-In Restaurant. It is recognized that the proper location of drive-in restaurants warrants, special consideration because of several important elements of design and operation that are unique and significant such ,as: total dependence on vehicular ,t'raffic, ,distinctive physical appearance, unenc10sed'nature of activities and 10ng'hours of operatiion. Improper location of a drive-in restaurant can be detri- mental to other uses in the area. In considering a request for this use, the 'following criteria shall govern, in addition to general cri~eria listed'under Section 2004: '(1) Possible effect on vehicular and pedestrian, traffic":", (2) Compatibility with existing or p1anned'uses in ,the surrouriding area, particularly residential gr public use. (3) 'The nuinber, of existing, drive-in restaurants in.the area. Section 3. Article 1) (General Provisions, Coriditions and Exceptions Use; Off-Street Parking, Off-Street Loading) of Ordinance No. 628 is hereby amended by adding to Section 1710 the following: t'.,... Use 5.1 Drive~InRestaurants Parking'Spaces Required To be determined by Planning Commission under Conditional Vse Permit. " l ~-- - f ~, - - ORIG!NAL '0:: tCIAL COpy 8', ,.' T/I' r ',' I .... ()," NOT TO ",; " ',.':.', r _' ,H THE CITY CLE1KS OFFICE ~ . " . " 4i' .' O~dinance Number " ~, . I Section" 4. Severability. If'any section, subsection, sentence, clause, phrase; or portion of the ordinance, or the application , thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court 'of competent jurisdicition, such decision shall not affect the validity 'of the remaining portions of this ordinance, The Council of , the City of'Seal Beach hereby de1cares that it'wou1d have adopted this 'ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact tha~ anyone or more sections, subsection~, sentences, clauses, phrases, or portions be declared invalid 'or unconstitutional. ' Section 5. adoption of this The':city Clerk shall certify to the passage and ordinance and shall cause the, same to be posted. ~-'\ day of , PASSED" APPROVED, ,AND ADOf'TED THIS 1967. ' ' ATTEST: ~ ";:t 'C-./ '/ t!A_t~ .:;?;z:.;;zb" ?t/~ 't Cle " IJ I STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ), ss ) I, Jerdys Tofte Weir, Deputy City Cierk,of S~~l Beach and ex-officio clerk of the City Council, do hereby certify to the pass?ge and adoption of the foregoing ordinance of the City-'Council ata regular meeting ,thereof held on the ';??4 day of jf}fi~ , 1967, by the following vote: AYES: Councilmen " dndoun.J , ,7J~ LP~ ,t~~~, '4~,':tL~ NOES: Councilmen ABSENT: Councilmen " ..' ;., 11 .,' '\ ';~ . ,Q~i~' .~, ~kM ,-' , I -2- ,