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HomeMy WebLinkAbout85-17 - Amending the Provisions of Chapter 20.72 and Sections 20.31.020, 20.32.020, 20.33.025, 20.34.020, 20.61.060, 20.62.040, 20.30.035, and 20.30.040 of the Newport Beach Municipal Code Pertaining to Restaurants0 0 • ORDINANCE NO. 85 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF CHAPTER 20.72 AND SECTIONS 20.31.020, 20.32.020, 20.33.025, 20.34.020, 20.61.060, 20.62.040, 20.30.035, AND 20.30.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RESTAURANTS Chapter 20.72 RESTAURANTS Sections: 20.72.010 Definitions. 20.72.020 Use Permit Required. 20.72.030 Application Contents. 20.72.040 Site. 20.72.050 Setbacks. 20.72.060 Parking and Traffic Control. 20.72.070 Walls. 20.72.080 Landscaping. 20.72.090 Lighting. 20.72.100 Signing. 20.72.110 Utilities. 20.72.120 Storage. 20.72.130 Modification or Waiver of Requirements. 20.72.140 Additional Requirements. 20.72.150 Nonconforming Structures and Uses. SECTION 1. Chapter 20.72 is hereby amended to read as follows: 20.72.010 DEFINITIONS. As used in this chapter the following terms shall have the meanings indicated: A. DRIVE -IN AND TAKE -OUT RESTAURANT. The terms "drive -in," and "take -out" restaurants shall mean a place of business which sells food products or beverages and which: 1. 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, or 2. Delivers such food products or beverages to customers within a building which is designated in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption. B. OUTDOOR RESTAURANT. The term "outdoor restaurant" shall mean a place of business which sells or serves food products or beve- rages 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 out -of -doors other than on an incidental basis. C. RESTAURANT. The term "restaurant" shall mean a place of business which sells or serves food products or beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than twenty -five percent (258) of the net public area may be permitted out -of -doors on a patio, deck or terrace that is integrated into the building design. For purposes of Section 20.70.020 the term "restaurant" shall include "drive -in," "take -out" and "outdoor" restaurants. D. OPERATIONAL CHARACTERISTICS. The term "change in • operational characteristics" shall include any of the following: 1. Any substantial increase in the hours a restaurant is open for business (hours of operation) or an extension of the hours of operation past 12:30 a.m, if the restaurant is within 200 feet of a residential zone. An increase in hours of operation is deemed substantial if, given the proximity of the restaurant or related parking facilities to a residential zone, the increase has the potential to cause, or make worse, noise or traffic congestion in the neighborhood; 2. The introduction of live entertainment or dancing, or a significant change in the character of the live entertainment; 3. The introduction of the sale of alcoholic beverages; 4. Any significant increase in the size of the area principally devoted to the sale of alcoholic beverages; • 5. A loss of on -site or off -site parking spaces for a period of ninety (90) days or more, which would reduce available parking below the number then required by the provisions of this title or the Use Permit applicable to the restaurant; -2- spaces; and 6. The introduction of valet, tandem, or compact parking 7. Any increase in the net public area of a restaurant or • any increase in the gross floor area of a drive -in, take -out or outdoor restaurant. 20.72.020 USE PERMIT REQUIRED. A. Drive -in and take -out restaurants, outdoor restau- rants, and restaurants may be permitted in all zoning districts designated for such uses, and in any Planned Community Districts or Specific Plan Areas designated for said uses, subject to the securing of a use permit in each case. B. A use permit, or an amendment to a use permit, shall be required prior to any change in operational characteristics of a restau- rant. 20.72.030 APPLICATION CONTENTS. An application for a use permit or an amendment to a use permit, required by this chapter, shall be on a form supplied by the Planning Department, and where appropriate, shall be accompanied by the following information, maps, and plans: •(a) A statement specifying the nature of the restaurant, the proposed hours of operation, whether the applicant intends to provide live entertainment and /or dancing, and other pertinent information regarding the operational characteristics of the proposed restaurant. (b) 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. (c) A floor plan of any building delineating all interior floor space and indicating its proposed use. (d) A parking layout and traffic plan showing all parking spaces, aisles, access points and directional signs and markings. (e) A grading plan indicating how the property is to be graded and drained. • (f) Elevations including all building and sign faces and materials. (g) Such other plans, drawings and information as the Planning Director may reasonably require. n3a 20.72.040 SITE. The site shall be of sufficient size and configuration to satisfy all requirements for off - street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided in this chapter. • 20.72.050 SETBACKS. The Planning Commission may establish 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 contiguous pro- perties. 20.72.060 PARKING AND TRAFFIC CONTROL. A. OFF- STREET PARKING. Off- street parking for drive -in and take -out restaurants, outdoor restaurants and restaurants shall be as specified in Chapter 20.30, General Controls - Commercial Districts. All parking areas shall meet the City of Newport Beach Off- Street Parking Standards. B. CURB CUTS. The size and location of curb cuts for driveways shall be determined by standards on file in the Department of Public Works. 0 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. 20.72.070 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 front 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. 20.72.080 LANDSCAPING. 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 parking facilities. (b) A planting area with a width of 3 or more feet adjacent to interior property lines. me All such planting areas shall be separated from vehicular or pedestrian paved areas by 6- inch -high concrete curbing. The bumper stops shall be installed and located in such a 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 bibs for supplemental watering. 20.72.090 LIGHTING. All parking areas shall be illu- minated by lighting with 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 reflection 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. 20.72.100 SIGNING. All signs shall conform to the provisions of Chapter 20.06. 20.72.110 UTILITIES. All utility services on the restaurant site shall be installed underground. 20.72.120 STORAGE. A. SUPPLY STORAGE. All facilities for storage of supplies shall be located within a building. B. REFUSE STORAGE. Any refuse storage area located • outside of a completely enclosed building shall be surrounded by a solid masonry wall 6 feet in height with self- locking gates. 20.72.130 MODIFICATION OR WAIVER OF REQUIREMENTS. The Planning Commission, or City Council on review or appeal, may modify or waive any of the development standards contained in this chapter if strict compliance with the standards is not necessary to achieve the purpose or intent of the standard. 20.72.140 ADDITIONAL REQUIREMENTS. The Planning Commis- sion 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 General Plan of the City. 20.72.150 NONCONFORMING STRUCTURES AND USES. (A) Except as provided in Section 20.72.020, the • provisions of Chapter 20.83 shall be applicable to all types of restaurants. In the event of any conflict between the provisions of this Chapter and the provisions of Chapter 20.83, the provisions of this Chapter shall control. -5- (B) Maintenance, repairs, and structural alterations can be made to any building in use as any type of restaurant on the effective date of this Chapter without the requirement to obtain a use permit. • SECTION 2. Section 20.31.020 is hereby amended to read as follows: 20.31.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to first securing a use permit in each case: (a) Dance studios, restaurants, outdoor restaurants, drive -in and take -out restaurants, retail sales and interior decorating studios. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. SECTION 3. Section 20.32.020 is hereby amended to read as follows: 20.32.020 USES REQUIRING USE PERMIT. The following • uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations, drive -in facilities, restaurants, outdoor restaurants and drive -in and take -out restaurants. (b) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. SECTION A. Section 20.33.025 is hereby amended to read as follows: 20.33.025 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case. (a) Restaurants, outdoor restaurants, drive -in and take -out restaurants, and outdoor sales. (b) Recreational establishments, institutions, cemete- ries, public buildings, parking of automobiles on roofs, removal of earthen G M. materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commer- cial Districts. SECTION 5. Section 20.34.020 is hereby amended to read ias follows: 20.34.020 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of similar nature. (b) Gasoline service stations, drive -in facilities, restaurants, outdoor restaurants, and drive -in and take -out restaurants. (c) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts. SECTION 6. Subsection 20.61.060 B is hereby amended to lie read as follows: B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels, restaurants, outdoor restaurants, drive -in and take -out restaurants, drive -in facilities, pet shops, animal hospitals, laundries, and laundrettes. read as follows: SECTION 7. Subsection 20.62.040 B is hereby amended to B. USES REQUIRING USE PERMIT. The following uses will be permitted subject to first securing a use permit in each case. 1. Manufacturing of marine products, new boat construc- tion, restaurants, outdoor restaurants, drive -in and take -out restaurants, marine service stations and gas docks, drive -in facilities, and other uses which, in the opinion of the Planning Commission, are of a similar nature. 2. General retail and service commercial uses, profes- sional and business offices and light manufacturing, provided that offices which do not provide direct services to the public or which are not ancillary to or otherwise permitted use and light manufacturing uses shall not occupy any first floor space, and further provide that said retail, commercial office -7- and light manufacturing uses shall be in conjunction with one or more incen- parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all districts with which the " -H" District is combined, according to the following formula: (1) Retail Stores: One parking space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net tive use and further provided that the incentive use shall occupy a (C.). substantial portion of the site, including required parking for the incentive One parking space for use. Incentive use is defined in Section 20.62.070 of this Chapter. • 10,000 square feet SECTION 8. Subsection 20.30.035 B is hereby amended to than 10 parking spaces for each such establishment. read as follows: B. OFF- STREET. PARKING REQUIRED - SCHEDULE. Off- street parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all districts with which the " -H" District is combined, according to the following formula: (1) Retail Stores: One parking space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net (4) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: • I. The Physical Design characteristics of the restaurant. (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. 510 floor area, except as provided in section 20.30.035 (C.). (3) Wholesale and Industry: One parking space for • each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (4) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: • I. The Physical Design characteristics of the restaurant. (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. 510 (c) Other areas that should logically be excluded from the determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet • parking. (e) Availability of guest dock space for • boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront. (b) Availability of off -site parking nearby. (c) Amount of walk -in trade. (d) Parking problems in the area at times of peak demand. III. The operational characteristics of the restaurant. (a) Beer, wine, or full service bar. (b) The use of live entertainment. (c) The hours of operation. If during the review of the Use Permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become conditions of the Use Permit and a change to any of these conditions will require an amendment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease parking require- ments within the ranges noted above. (5) Outdoor restaurants, drive -in and take -out restau- rants: One parking space for each 50 sq.ft. of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages, in addition, one parking space shall be pro- vided for each employee on duty, with the number of such spaces to be based on • peak employment. (6) Public Assembly: One parking space for each five seats. (7) Theaters: One parking space for each five seats. -9- (S) Hotels: One parking space for each two guest rooms. for each employee. (11) Motels: One parking space for each guest unit. (12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. SECTION 9. Subsection 20.30.040 B is hereby amended to read as follows: B. OFF- STREET PARKING REQUIRED - SCHEDULE. Off- street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Commission, shall be required in all districts with which the " -Z" District is combined, according to the following formula: 40 (1) Retail and Wholesale Stores: One parking space for each 350 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where any portion is used as a medical or dental office): One parking space for each 350 square feet of net floor area. (3) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning • Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: restaurant. I. The Physical Design characteristics of the -10- (9) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. • (10) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (11) Motels: One parking space for each guest unit. (12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. SECTION 9. Subsection 20.30.040 B is hereby amended to read as follows: B. OFF- STREET PARKING REQUIRED - SCHEDULE. Off- street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Commission, shall be required in all districts with which the " -Z" District is combined, according to the following formula: 40 (1) Retail and Wholesale Stores: One parking space for each 350 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where any portion is used as a medical or dental office): One parking space for each 350 square feet of net floor area. (3) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning • Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: restaurant. I. The Physical Design characteristics of the -10- (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their • arrangement. (c) Other areas that should logically be excluded from the determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet parking. (e) Availability of guest dock space for boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront. (b) Availability of off -site parking nearby. (c) Amount of walk -in trade. (d) Parking problems in the area at times of peak demand. • III. The operational characteristics of the restaurant. (a) Beer, wine, or full service bar. (b) The use of live entertainment. (c) The hours of operation. If during the review of the use permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become condi- tions of the Use Permit and a change to any of these conditions will require an amendment to the use permit. When an amendment to the use permit is required, the Planning Commission may increase or decrease parking require- ments within the ranges noted above. (4) Drive -in and take -out restaurants: One parking space for each 50 sq. ft. of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In additions, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment. -11- (5) Public Assembly: One parking space for each five seats. (6) Theaters: One parking space for each five seats. • (7) Hotels: One parking space for each two guest rooms. (8) Hospitals: one parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (9) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (10) Motels: One parking space for each guest unit. (11) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. (12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of September , 1985, and was adopted on the23rd day of September , 1985 by the following vote: • AYES, COUNCILMEMBERS Agee, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS COX ATT • City Clerk 9 -5 -85 REST1 ABSENT -12-