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Home My WebLink About95-30 - Amending Title 20 of the Newport Beach Municipal Code, Pertaining to Outdoor Dining and Parking Standards for RestaurantsORDINANCE NO. 95- 30 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OUTDOOR DINING AND PARKING STANDARDS FOR RESTAURANTS • The City Council of the City of Newport Beach hereby finds as follows: 1. It would be to the interests of the City of Newport Beach and consistent with Title 20 of the Newport Beach Municipal Code to provide regulations to enhance opportunities for outdoor dining at restaurants and specialty food businesses located within the City. Specifically, the City Council of the City of Newport Beach believes that to allow restaurants to provide minor expansion to accommodate outdoor dining will add to the charm of the City without adding to building bulk and will better serve the demand of residents and visitors without generation of additional demand for parking or additional trips or traffic. • 2. Outdoor dining is one of many factors which creates demand for a restaurant. Outdoor dining is seasonal and sporadic, and there is little connection between restaurant demand and the size of an outdoor dining area, provided outdoor dining is accessory to the primary indoor dining use. 3. The need for restaurant parking is based on many factors surrounding the physical design characteristics, operational characteristics and area characteristics of a restaurant and no specific amount of parking can be uniformly applied to all restaurants. Therefore, the City Council of the City of Newport Beach finds that amendments to Chapter 20.72 of the Newport Beach Municipal Code pertaining to accessory outdoor dining and parking • regulations should be amended as follows: SECTION 1: Section 20.72.018 of Chapter 20.72 of the Newport Beach Municipal Code shall be added to read as follows: 1 SECTION 20.72.018 Accessory Outdoor Dining. A. Notwithstanding any other provisions of this Chapter, Chapter 20.07, Chapter 20.08, Chapter 20.80, Chapter 20.83, and Chapter 15.38 of Title 15 of the Newport Beach Municipal Code, the Planning Director may approve an application to add or expand outdoor dining to an existing restaurant or specialty food use provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the restaurant or specialty food use, or 1000 square feet, whichever is less, and is accessory to any indoor dining. An application to add or expand accessory outdoor dining shall be made on forms supplied by the Planning Department. Before approving an application, the Planning Director shall make the following findings: 1. That the proposed outdoor dining is accessory to the primary indoor restaurant or specialty food use. 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, • comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. 3. That the proposed accessory outdoor dining will not be located so as to result Iin reduction of existing parking spaces. B. The Planning Director's approval of an application to add or expand outdoor accessory dining shall be conditioned upon the following: 1. That the outdoor dining shall be subject to all the existing hours of operation, operational characteristics and conditions of any use permit applicable to the restaurant. 2. No amplified music or entertainment is permitted outdoors. • 3. All doors and windows leading to the outdoor dining shall remain closed while any approved indoor amplified music is being played. 4. Roof coverings shall not have the effect of creating a permanent enclosure. K 5. Fences, walls or similar barriers shall serve only to define the dining area and not constitute a permanent all weather enclosure. 6. Such additional conditions the Planning Director deems necessary or appropriate to ensure operation of the outdoor • dining is consistent with the findings made at the time of approval. C. The decision of the Planning Director to approve or deny • an application is final, subject to call up by the Planning Commission or call up by the City Council for referral to the Planning Commission within fourteen (14) days. D. An application to add outdoor dining may be denied or approval of an application may be revoked or modified by the Planning Director upon a finding of the failure to comply with the conditions in this Section and all other applicable conditions and regulations. E. The provisions of the Section shall not apply to drive -in and take -out restaurants. SECTION 2: Section 20.72.060 of Chapter 20.72 of the Newport Beach Municipal Code shall be amended to read as follows: Section 20.72.060 A. Off - Street Parking. Off - street parking for restaurants, outdoor restaurants, bars and theater /nightclubs shall be as specified below. Based upon the following considerations, the Planning Commission or City Council on appeal shall establish the parking requirement for a restaurant bar, or theater /nightclub within a range of one space for each 30 to 50 square feet of net public area: 1. The physical design characteristics of the use including: 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. 3 d. The parking lot design, including the use of small car spaces, tandem and valet parking. e. Availability of guest dock space for boats. f. Extent of outdoor dining. 2. Operational characteristics, including: • a. The amount of floor area devoted to live entertainment or dancing. b. The amount of floor area devoted to the sale of alcoholic beverages. C. The presence of pool tables, big screen televisions or other attractions. d. The hours of operation. 3. 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. • If during the review of the use permit, the Planning Commission or City Council on appeal uses any of the preceding considerations as a basis for establishing the 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, which may be amended to establish parking requirements within the range: as noted above. B. Off street parking for drive -in and take -out restaurants shall be: One parking space for each 50 square feet 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 provided for each employee on duty, with the number of such spaces to be based on peak employment. C. Curb Cuts. The size and location of curb cuts for driveways shall be determined by standards on file in the 4 Department of Public Works. D. Circulation. Parking areas and driveways shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all time. 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 additional to the other required parking and driveways Ftit-r-IN E. For purposes of this Chapter "Net Public Area" shall be defined as the total area of the restaurant bar or nightclub /theater excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. SECTION 3: Sections 20.30.035 (B) (4) and (5) , 20.30.040 (B) (3) and (4) , and Section 20.33.055 (A) (4) and (5) are hereby deleted. SECTION 4: 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 5: 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 • within fifteen (15) days after its adoption. 5 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of July , 1995, and adopted on the 14th day of August 1995, by the following vote, to -wit: • AYES, COUNCILMEMBERS WATT, DEBAY, HEDGES, COX. GLOVER, O'NEIL NOES, COUNCILMEMBERS EDWARDS ATTEST: CITY CLERK / d • wb \ordin \tit1e20.ord ABSENT NONE 9