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Home My WebLink About1202 - Drive In and Outdoor RestaurantsTHS.aem 1/.19/67 r1 U ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20,02,135 AND 20.02.235 TO CHAPTER 20002 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER 20.53 TO TITLE 20 OF SAID CODE RELATING TO DRIVE IN AND OUTDOOR RESTAURANTS The City Council of the City of Newport Beach dogs ordain as follows. SECTION 1. Section 20.02.135 is added to Chapter 20.02 of Title 20 of the Newport Beach Municipal Code to read. "20,02,135 Drive In and Take Out Restaurant. The terms 'drive in° and 'take out restaurant' shall mean 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," SECTION 2. Section 20.02.235 is added to Chapter 20002 of Title 20 of the Newport Beach Municipal Code to reads "20.02.235 Outdoor Restaurant. The term 'outdoor restaurant' shall mean 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 mro t within a fully enclosed building, consisting of a permanent struc- ture, having a roof and four walls." SECTION 3. Chapter 20,53 is added to Title 20 of the Newport Beach Municipal Code to read: "Chapter 20.53 DRIVE IN AND OUTDOOR RESTAURANTS Sections: 20053.010 Definitions. 20,53.020 Use Permit Required. 20°53°030 Application Contents. 20 >53 >040 Sit ®< 20,53,050 Setbacks. 20.53.060 Parking and Traffic Control. 20.53.070 20,53.080 20.53.090 20053.100 20.53.110 20.53.120 • 20.53.130 20.53.140 20.53.150 Walls. Landscaping. Lighting. Signings Utilities, Storage, Modification or Waiver of Requirements. Additional Requirements. Nonconforming Structures and Uses. 20.53.010. Definitions. As used in this chapter the following terms shall have the meanings indicated- DRIVE IN AND TAKE OUT RESTAURANT. The terms 'drive in' and 'take out restaurant' shall mean 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. OUTDOOR RESTAURANT. The term 'outdoor restaurant' shall mean 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. 20.53.020 Use Permit Required. Outdoor, drive in and take out restaurants may be permitted in the C -1, C -2, M -1, M -1 -A, and U Districts, subject to the requirement of a use permit for each development. The procedure governing the issuance of all use permits for such developments shall be governed by the provisions of this chapter and Chapter 20.46 entitled 'PERMITS', provided, however, that to the extent that there is any inconsistency or conflict between the provisions of such chapters, the provisions of this chapter shall be controlling. 20.53.030 Application Contents. An application for an outdoor, drive in or take out restaurant shall be in 2. i the form of a Use Permit application and shall be accompanied by the following information, maps and plans- (a) A plot plan of the property drawn to scale showing • the location of all buildings, storage facilities, planting areas, signs, outside eating areas, walls, parking areas, and curb cuts, (b). A floor plan of any buildings delineating all in- terior floor space and indicating its proposed use. (c) A parking layout and traffic plan showing all park- ing spaces, aisles, access points and directional. signs and markings. (d) A grading plan indicating how the property is to be graded and drained. (e) Elevations including all building and sign faces and materials. (f) Such other plans, drawings and informa.ti,)a as the Planning Director may reasonably require. • 20.53.040 Site. The site shall be of s::fficient size and configuration to satisfy all requirements for c f-stre.et parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this chapter. 20.53,050 Setbacks. The Planning Commission may es- tablish setbacks more restrictive than those required by the regulations for the zoning district in which the proposed use would be located if it determines they are necessary or desirable for the protection of the public health, safety and welfare or to insure compatibility with uses on contigu- ous properties. 20.53.060 Parking and Traffic Control. A. PARKING. Off street -on site parking shall be provided as follows- 1. One parking space for each employee on duty, the • number of such spaces to be based upon peak employment, and 3e 2, One parking space for each 50 square feet of gross floor area contained within a building, All parking areas shall meet the City of Newport Beach • Off - Street Parking Standards. Bo CURB CUTS. The size and location of curb cuts for driveways shall be determined by standards on file in the Department of Public Works. C. CIRCULATION. Parking areas and driveways shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all times. If the Traffic Engineer determines that there is a need to accommodate vehicles waiting for service, a reservoir parking area for standing vehicles shall be provided in addition to the other required parking and driveway areas. 20,53.070 Walls. A solid masonry wall 6 feet in height shall be erected on all interior lot lines„ said wall. to be reduced to 3 feet in height within any required yard setback • area or within 15 feet of the corner of any intersecting street or alley right of way. Walls 3 feet in height shall be erected between on site parking areas and public rights of way, 200530080 Landscapinao Not less than 10 percent of the total site area shall be devoted to landscaped planting areas, including-. (a) A planting area with a width of 3 or more feet between street side property lines and walls screening park- ing facilities. (b) A planting area with a width of 3 or more feet adjacent to interior property lines, All such planting areas shall be separated from vehicu- lar or pedestrian paved areas by 6 inch high concrete curbing. . Tire bumper stops shall be installed and located in such a 4. • 0 0 manner as to preclude parked vehicles from overhanging such planting areas. All planting areas shall be provided with a permanent sprinkler irrigation system and hose bibbs for supplemental watering. 200530090 , All parking areas shall be illu- minated by lighting with a minimum intensity in any location of 2 foot candles and an average intensity of 5 foot candles. The lighting system shall be designed to minimize the reflec- tion of light to streets and properties adjoining the restaurant site. No lighting standard shall exceed,a height of 10 feet from the finished grade of the restaurant site. 200530100 SiQninQ. Signs shall be subject to the fol- lowing restrictions. (a) The subject matter of any signs shall be limited to the name of the business and the food products and bever- ages sold on the premises on which the signs are located. (b) The total area of all signs on the site shall not exceed 2 square feet for each lineal foot of preperty on a street. In the case of corner Lots or double frontage lots only one street frontage may be used to determine the maximum allowable sign area. (c) All signs shall be mounted flat against a building and shall be limited in size to 50 square feet each, except that one free standing sign not to exceed 100 square feet shall be permitted. 20.53.110 Utilities. All utility services on the restaurant site shall be installed underground. 200530120 Storage.- A. SUPPLY STORAGE. All facilities for storage of supplies shall be located within a building. Bo REFUSE STORAGE, Any refuse storage area located out- side of a completely enclosed building shall be surrounded by a solid masonry wall 6 feet in height with self locking gates, 50 . ; 20.53,_130 Modification or Waiver of Requirements. The Planning Commission shall have the right to modify or waive any of the foregoing conditions if such modification or • waiver will achieve substantially the same results and will in no way be detrimental to adjacent properties or improve- ments than will the strict compliance with said conditions. 20.53.140 Additional Requirements, The Planning Com- mission shall have the right to add additional conditions of approval in order to insure compatibility of the development with the surrounding area and the goals and objectives of the Master Plan of the City. 20.53.150 Nonconforming Structures and Uses. The provisions of Chapter 20.44 entitled "Nonconforming Struc- tures and Uses" shall not be applicable to drive in, take out, and outdoor restaurants as defined in this chapter, but instead the following regulations shall be controlling: (a) Existing Uses -- Cessation o:" Use. The lawful • use of land or buildings or both for the purpose of a drive in, take out, or outdoor restaurant, which uSe was in exis- tence on the effective date of this chapter, may be continued without compliance with the requirement of a Use Permit; provided that, if any such use shall cease for a continuous period of nine (9) months, such use shall be considered abandoned and may not be revived unless a Use Permit shall be first obtained. (b) Restoration of Damaged or Destroyed Building. Any building in use as a drive in, take out, or outdoor restau- rant on the effective date of this chapter which is damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than ninety percent (90 %) of its ap- • praised value at the time of the damage, as fixed by the 6. : ; ATTEST: • City Clerk 7< yor General Appraisal Company of Los Angeles, California, or other equally responsible firm, or to an extent of one hundred percent (100%) of the appraised value thereof ac- cording to the assessment by the Assessor for the fiscal year during which such destruction occurs, may be restored without the requirement of a Use Permit provided that the restorat`.on work is completed within one (1) year follow- ing the date on which the damage or destruction occurs. (c) Maintenance, Repairs, and Structural Alterations. Maintenance, repairs, and structural alterations can be made to any building in use as a drive : °_n, take out, or outdoor restaurant on the effective dat=_• of this chapter without f-he requirement of a Use Permi t 7P SECTION 4. This ordinance shall be published once in the official newspaper of the City„ and the same shall be effec- tive 30 days after the date of its adcpti:;n, This ordinance was introduced at a regular ^- .eetinr of • the City Council. of the City of Neerport Beach held or. the 23rd day of January 1967, and was adopter on the 14th day of February 1967, by the following vote, to wit, AYES, COUNCILMEN; Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ATTEST: • City Clerk 7< yor