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HomeMy WebLinkAbout1623 - Restaurant & Restaurant Parking StandardsORDINANCE NO. 1623 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 20.08, 20.38 AND 20.40 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RESTAURANTS AND RESTAURANT PARKING STANDARDS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 20.08.030 of the Newport Beach Municipal Code is hereby deleted therefrom. SECTION 2. Section 20.38.030 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (d) therefrom and adding a new subparagraph (d) to read as follows: "20.38.030 (d) 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: 1. 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 arrange- ment. 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. • r� �J z E. Availability of guest dock space for boats. 2. 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. 3. 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 require- ment, 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 requirements within the ranges noted above." SECTION 3. Section 20.40.030 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (c) there- from and adding a new subparagraph (c) to read as follows: "20.40.030 (c) 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 -2- • to 50 square feet of net public area: 1. 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. 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. 2. 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. 3. 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 requirements within the ranges noted above." SECTION 4. Section 20.20.020 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (b) -3- 9 therefrom and adding a new subparagraph (b) to read as follows: "20.20.020. (b) Retail stores and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature." SECTION S. Section 20.20.030 of the Newport Beach Municipal Code is hereby deleted therefrom and a new Section 20.20.030 is added to read as follows: "20. 030 USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a Use Permit in each case: gasoline service stations, drive -in facilities, restaurants, outdoor restaurants, non - flashing signs in excess of 35 square feet in area, non - flashing signs not appurtenant to any permitted use." SECTION 6. Section 20.22.020 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (a) therefrom and adding a new subparagraph (a) to read as follows: "20.22.020. (a) Multiple dwellings or apartment houses, hotels, motels, professional offices and clubs." SECTION 7. Section 20.22.030 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (d) therefrom and adding a new subparagraph (d) to read as follows: "20.22.030. (d) Restaurants and outdoor restaurants." SECTION 8. Section 20.24.020 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (b) therefrom and adding a new subparagraph (b) to read as follows: "20.24.020. (b) Retail stores and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, -4- book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, antique • shops, shoe shops, studios, tailor shops, and other uses in which in the opinion of the Planning Commission are of a similar nature." 10 SECTION 9. Section 20.24.030 of the Newport Beach Municipal Code is hereby amended by deleting subparagraph (a) therefrom and adding a new subparagraph (a) to read as follows: "20.24.030. (a) Animal hospitals, auto sales and repair shops, boat sales, gasoline service stations, marine service stations, cleaning establishments, laundries, launderettes, mortuaries, outdoor markets, restaurants, outdoor drive -in and take -out restaurants, drive -in facilities, wholesale stores, outdoor sales establishments, pet shops, public garages, trailer courts, theaters, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar nature." SECTION 10. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of ,T,,,,p , 1975, and was adopted on the 23rd day of June 1975, by the following vote, to wit: ATTEST: y / er c 4e-am- AYES, COUNCILMEN: McInnis, Dostal, Barrett, Kuehn, Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None -5- CERTIFIED AS THE OR GWAL AND CERTIFIED AS TO PUIELICATION DAT _ ..1114._ .5...19.75 CITY CL RK OF THE CITY OP NE P RT BEACH HRC :yz 6/4/75