HomeMy WebLinkAbout89-35 - Amending Title 20 of Municipal Code So as to Define and Regulate "Specialty Food" Uses in City (Planning Commission Amendment No. 679)ORDINANCE NO. 89 -35
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS
TO DEFINE AND REGULATE "SPECIALTY FOOD" USES IN THE CITY
• (Planning Commission Amendment No. 679)
WHEREAS, the Newport Beach Municipal Code currently requires that a
restaurant use permit be obtained in order to establish any food service uses which
provide seating or dispense beverages for immediate consumption; and
WHEREAS, many of the smaller facilities function basically like retail uses in
terms of parking demand and general intensity of use; and
WHEREAS, restaurant development standards are frequently not applicable to the
smaller facilities and such standards are often waived by the Planning Commission; and
WHEREAS, the time and expense required to obtain a use permit for smaller
facilities meeting certain criteria places an undue and unnecessary burden on such smaller
facilities; and
• WHEREAS, at its meeting of May 4, 1989, the Planning Commission scheduled
Zoning Amendment No. 679 for public hearing at the Planning Commission meeting of
June 8, 1989; and
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, on June 8, 1989, August 10, 1989, and October 19, 1989, the Planning
Commission of the City of Newport Beach held public hearings regarding Amendment
No. 679;
WHEREAS, on November 13, 1989, the City Council of the City of Newport
Beach held a duly noticed public hearing regarding this Ordinance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 20.72 of the Newport Beach Municipal Code is amended
to read as follows:
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Sections:
20.72.010
20.72.015
20.72.020
20.72.030
20.72.040
20.72.050
20.72.060
20.72.070
20.72.080
20.72.090
20.72.100
20.72.110
20.72.120
20.72.130
20.72.140
20.72.150
20.72.010 DEFINITIONS.
RESTAURANTS
Chapter 20.72
RESTAURANTS
Definitions.
Specialty Food Service.
Use Permit Required.
Application Contents.
Site.
Setbacks.
Parking and Traffic Control.
Walls.
Landscaping.
Lighting.
Signing.
Utilities.
Storage.
Modification or Waiver of Requirements.
Additional Requirements.
Nonconforming Structures and Uses.
As used in this chapter the following terms shall have the meanings indicated:
A. 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 (25 %) 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 20.72.020 through 20.72.050, inclusive, and for
purposes of Section 20.72.070 through 20.72.150, inclusive, the term "restaurant" shall
include "drive -in," "take -out" and 'outdoor" restaurants.
The term "restaurant" does not include the following:
1. A specialty food service;
2. A specialty grocery store or supermarket which devotes twenty -five
percent (25 %) or less of its gross floor area to the sale or preparation of
food products or beverages for consumption on -site or in the immediate
area.
B. 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 out -of -doors other than on an incidental basis.
C. 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:
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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.
D. SPECIALTY FOOD SERVICE.
The term "specialty food service" shall mean a place of business that sells a
limited variety of food products and /or beverages likely to be quickly consumed, with
a gross floor area of 1,200 square feet or less, (including outdoor seating areas), seating
and /or stand -up counter space for no more than twelve (12) customers, and which strictly
conforms with all of the following:
1. Provides off -street parking spaces at a ratio of one (1) space per 250
square feet of gross floor area. No credit shall be given for existing nonconformities;
2. No alcoholic beverages are served or consumed on the premises;
3. No live entertainment or dancing is provided.
Any use which does not strictly conform to the provisions of this Section
shall be considered a restaurant and otherwise subject to the provisions of this Chapter.
E. CHANGE IN OPERATIONAL CHARACTERISTICS.
The term "change in operational characteristics" shall include, without limitation,
any of the following:
•1. Any substantial increase in the hours a restaurant, outdoor restaurant,
or drive -in and takeout 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, outdoor restaurant, drive -in or takeout 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;
6. The introduction of valet, tandem, or compact parking spaces; and
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. (Ord. 1505 section 10,
1973; Ord. 1266 section 2, 1968; prior Ord. 1202 section 3 (part), 1967,; Ord. 85 -17,
October 23, 1985).
20.72.015 SPECIALTY FOOD SERVICE.
Specialty food services may be established in any zoning district designated for
such use subject to the following:
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A. INTENT /PURPOSE. Food serving uses range from large destination
restaurants to small neighborhood ice cream stores. Full service restaurants are likely
to generate more traffic, parking demand, noise and trash than small businesses with
limited menus. The specialty food service category was created because conditions and
restrictions on the operation of large restaurants may be unnecessary in the case of small,
limited item food serving businesses. However, particular specialty food services may,
because of location, method of operation or other factors, be expected to cause, or
actually cause, impacts equivalent to a full service restaurant and, in such event,
• additional controls should be imposed or the use prohibited.
B. FINDINGS. In order to approve a specialty food service, the Modifications
Committee, or the Planning Commission or City Council on appeal or review, shall make
the following findings:
1. The proposed use is consistent with the purpose and intent of this
Section.
2. Establishment, maintenance or operation of the use 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. The proposed use is similar in nature to a general retail use, and is
anticipated to have traffic generating characteristics similar to a retail use.
4. The proposed use is similar in nature to a general retail use, and is
anticipated to have parking demand characteristics similar to a retail use.
C. DEVELOPMENT STANDARDS. Specialty food services shall be operated in
conformance with the following standards unless the Modifications Committee, or the
Planning Commission or City Council on review or appeal, determines that strict
. compliance is not necessary to achieve the purpose and intent of this section:
1. Hours of Operation. Opens for business no earlier than 7:00 A.M. and
closes no later than 12:00 P.M., daily, provided, however, this provision shall not apply
if the business, measured from the property lines, is, in all directions, more than 250 feet
from the boundaries of any residential district or any mixed commercial /residential
district;
2. The facility contains receptacles sufficient in size to accommodate all
trash deposited by customers;
3. Trash generated by the business is stored on -site in an area screened
from view except when placed for pick -up;
4. A trash compactor is installed in any kitchen or food preparation area;
5. Smoke and odor are controlled by kitchen exhaust fans, or other means,
to the satisfaction of the Building Director;
6. Grease interceptors are installed on all plumbing fixtures to the extent
required by the Building Director and the Public Works Director;
7. A wash -out area for refuse containers and kitchen equipment is provided
•and the area drains directly into the sewer system unless the Building Director and
Public Works Director approve alternative drainage;
D. CONDITIONS. The Modifications Committee, or the Planning Commission
or City Council on review or appeal, may impose such conditions on the approval of the
modification for the specialty food service are necessary to achieve the purpose and
intent of this Section. In addition, the Modifications Committee, Planning Commission,
and City Council shall retain jurisdiction to impose additional conditions after approval
if necessary or appropriate to ensure that operation of the specialty food service is
consistent with the findings made at the time of approval.
E. APPEAL AND REVIEW. The decision of the Modifications Committee is
subject to appeal or review in accordance with the provisions of Chapter 20.81 of the
Newport Beach Municipal Code.
F. EXPIRATION AND REVOCATION. Expiration and revocation of
•Modifications Committee approval of specialty food services shall be governed by the
provisions of Chapter 20.81 of the Newport Beach Municipal Code.
20.72.020 USE PERMIT REQUIRED.
A. 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 the operational characteristics of a restaurant. (Ord. 1505 section 11,
1973; Ord. 1202 section 3(part), 1967; Ord. 85 -17, October 23, 1985).
20.72.030 APPLICATION CONTENTS.
An application for a Use Permit, an amendment to a Use Permit, or a
Modification for a specialty food service shall be on a form supplied by the Planning
Department and, when appropriate, shall be accompanied by the following information,
maps, plans and the fee specified by resolution of the City Council:
(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 or specialty food service.
(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. (Ord. 1202 section 3 (part), 1967; Ord. 85 -17, October 23, 1985).
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 properties.
(Ord. 1202 section 3 (part); February 14, 1967).
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20.72.060 PARKING AND TRAFFIC CONTROL.
A. OFF - STREET PARKING. Off - street parking for restaurants, outdoor
restaurants, drive -in and take -out 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.
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 additional to
the other required parking and driveways area. (Ord. 1201 section 3 (part); February
14, 1986; Ord. 85 -17, October 23, 1985).
20.72.070 WALLS.
On property occupied by a restaurant, 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. (Ord. 1202 section 3 (part), February 14, 1986).
20.72.080 LANDSCAPING.
On property occupied by a restaurant, not less than 10 percent of the total site
area shall be devoted to landscaped planting area, including:
(a) A planting area with a width of 3 or more feet between street side property
0 ii ne s and walls screening parking facilities.
(b) A planting area with a width of 3 or more feet adjacent to interior property
nes.
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. (Ord. 1202 section 3 (part), February 14, 1967).
20.72.090 LIGHTING.
On property occupied by a restaurant, all parking areas shall be illuminated 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. (Ord 1202
section 3 (part), 1967).
20.72.100 SIGNING.
All signs shall conform to the provisions of Chapter 20.06. (Ord. 1753 section 28,
0 1977; Ord. 1202 section 3 (part), 1967; Ord. 85 -17, October 23, 1985).
20.72.110 UTILITIES.
All utility services on a restaurant site shall be installed underground. (Ord. 1202
section 3 (part), 1967).
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. (Ord. 1202 section 3 (part), 1967).
20.72.130 MODIFICATION OF WAIVER OR REQUIREMENTS.
Except as provided in Section 20.72.015, 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 of intent of the standard. (Ord. 1202 section 3 (part), 1967; Ord. 85 -17, October
23, 1985).
20.72.140 ADDITIONAL REQUIREMENTS.
The Planning Commission 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. (Ord. 1202 section 3
(part), 1967; Ord. 85 -17, October 23, 1985).
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.
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. (Ord. 1202 section 3 (part), 1967; Ord. 85 -178,
October 23, 1985).
SECTION 2. Chapter 20.07, Table 20.07, is amended to include Specialty Foods
as a Base FAR use as follows:
CHAPTER 20.07 FLOOR AREA RATIOS AND BUILDING BULK
Base FAR Uses
(Floor area ratio up to 0.5)
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Table 20.07
Retail Art Galleries
Bakeries
Book Stores
Delicatessens
Jewelry Stores
Pet Shops
Pharmacies
Plant Nurseries
Retail Marine Sales
Retail Sales
Shoe Repair
Specialty Foods
Specialty Shops
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SECTION 3
Sections 20.30.035 B, 20.30.040 B, 20.32.015, 20.33.020, 20.34.015, 20.35.015,
20.36.020, 20.41.025, 20.51.025, 20.61.060 A, 20.62.040 A, 20.62.050 A, 20.63.030 A,
20.63.035 B, 20.63.040 A, 20.81.020 of the Newport Beach Municipal Code are hereby
amended, consistent with amendments to Chapter 20.72, to read as follows:
CHAPTER 20.30 GENERAL CONTROLS - COMMERCIAL DISTRICTS
"H" COMBINING DISTRICT.
20.30.035 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 and specialty food uses: 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...
"Z" COMBINING DISTRICT.
20.30.040 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:
(1) Retail and Wholesale Stores and specialty food uses: 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...
C -N DISTRICT
20.32.015 USES PERMITTED. The following uses shall be permitted in C -N
Districts:
(a) Professional offices, community centers, social halls, lodges and clubs.
(b) Retail stores, specialty food uses in accordance with Section 20.72.015, 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.
(c) Accessory uses normally incidental to commercial developments, where such
uses do not alter the character of the premises in respect to their use for purposes
permitted in the district. Such accessory buildings shall be allowed only when
constructed concurrent with or subsequent to the main building.
(d) Temporary structures and uses. Regulations are as specified in Section
20.30.015 of General Controls - Commercial Districts.
(e) Signs in accordance with Chapter 20.06.
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C -R DISTRICT
20.33.020 PERMITTED USES. In the C -R District the following uses shall
be permitted.
(a) Commercial uses limited to retail, specialty foods in accordance with Section
20.72.015, or personal service establishments, handicraft establishments, professional
offices and other uses which, in the opinion of the Planning Commission, are of a similar
nature.
• (b) Residential uses only in conjunction with permitted commercial uses.
(c) Accessory uses normally incidental to commercial and residential developments,
where such uses do not alter the character of the premises in respect to their use for
purposes permitted in the district.
(d) Temporary structures and uses. Regulations are as specified in Section
20.30.015 of General Controls - Commercial Districts.
(e) Signs in accordance with Chapter 20.06.
C -O DISTRICT
20.34.015 USES PERMITTED. The following uses shall be permitted in C -O
Districts:
(a) Multiple dwellings or apartment houses, hotels, motels, professional offices,
clubs.
(b) Retail sales, specialty food uses in accordance with Section 20.72.015, and
wholesale sales when combined with retail sales of a similar nature; storage therefore
shall be within a building, except for boats.
(c) Accessory uses normally incidental to uses permitted in the district.
(d) Temporary structures and uses. Regulations are as specified in Section
20.30.015 of General Controls - Commercial Districts.
(e) Signs in accordance with Chapter 20.06.
C -1 DISTRICT
20.35.015 USES PERMITTED. The following uses shall be permitted in C -1
Districts:
(a) Professional offices, community centers, social halls, lodges and clubs.
(b) Retail stores, specialty food uses in accordance with Section 20.72.015, and
personal service establishments within a building including appliance stores, bakeries (not
wholesale), banks, barbershops, beauty parlors, bookstores, department stores, drugstores,
food shops, hardware stores, nurseries, offices, radio stores, antiques shops, shoe shops,
studios, tailor shops, fortune- telling businesses, and other uses which in the opinion of
the Planning Commission are of similar nature.
(c) Accessory uses normally incidental to commercial developments, where such
uses do not alter the character of the premises in respect to their use for purposes
permitted in the district. Such accessory buildings shall be allowed only when constructed
concurrent with or subsequent to the main building.
(d) Temporary structures and uses. Regulations are as specified in Section
20.30.015 of General Controls - Commercial Districts.
(e) Signs in accordance with Chapter 20.06.
C -2 DISTRICT
20.36.020 USES PERMITTED. The following uses shall be permitted in the
C -2 Districts:
(a) Professional offices; community centers; social halls and clubs.
(b) Retail stores; specialty food stores in accordance with Section 20.72.015;
wholesale stores; wholesale bakeries; research laboratories and institutes; laundries; and
storage within a building; fortune - telling businesses and other uses which, in the opinion
of the Planning Commission, are of a similar nature.
(c) The following uses, when conducted within a building or enclosed by a solid
board or masonry fence at least six feet in height in each case: Creameries; bottling
works; building material yards; contractors yards; fuel yards; machine shops; storage of
goods and materials; and other uses which in the opinion of the Planning Commission
are of a similar nature.
(d) Accessory uses normally incidental to commercial developments, where such
uses do not alter the character of the premises in respect to their use for purposes
permitted in the district. Such accessory buildings shall be allowed only when constructed
concurrent with or subsequent to the main building.
(e) Temporary structures and uses. Regulations are as specified in Section
20.30.015 of General Controls - Commercial Districts.
(f) Signs in accordance with Chapter 20.06.
M -1 DISTRICT
20.41.025 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; houseboat marinas; and fish smoking, curing or
freezing.
(b) Professional offices, restaurants, outdoor, drive -in and take -out restaurants.
(c) Commercial uses including but not limited to retail and wholesale stores;
specialty food stores; cartography; bookbinding; printing; lithography; editorial and
designing; laundries; dry cleaning plants; and any other uses which in the opinion of the
Planning Commission are of a similar nature; provided, however, that the following
exceptions shall apply to structures and uses which are in existence on the effective date
of this section:
1. The lawful use of land or buildings in the M -1 District
which do not meet the requirements of this subsection
may be continued or changed to a use which would
require the same or less on -site parking according to the
standards established in Section 20.30.035 without
compliance with the requirements of this subsection.
2. Any existing structure may be repaired, altered or
remodeled, without complying with the requirements of
this subsection.
3. Any existing structure or use may be enlarged by not
more than 10% of its original gross area in any one year
period without complying with the requirements of this
subsection.
(d) Recreational establishments, institutions, cemeteries, public buildings, parking
of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor
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lighting may be permitted as specified more particularly in Section 20.40.020 of General
Controls - Industrial Districts.
P -C DISTRICT
20.51.025 USES PERMITTED. The following use of land shall be permitted
in P -C Districts:
.(a) Those land uses permitted by the City's General Plan at or below a density or
intensity prescribed by the General Plan.
(b) Grading shall be permitted within a P -C District outside of a sector of
immediate development subject to the securing of a grading permit.
(c) The continuation of land uses, including agricultural, which existed in the
district at the time of adoption of the Development Plan, except as otherwise provided
herein. Existing land uses shall either be incorporated as part of the Development Plan
or shall terminate in accordance with a specific abatement schedule submitted and
approved as part of the Development Plan. Existing land uses which are prohibited by
any provisions of Title 20 of this Code shall be terminated prior to final approval of the
Development Plan.
(d) Where existing land uses have been established by a Use Permit prior to the
adoption of a P -C District and said uses are to be retained, the Use Permit as approved
or subsequently amended shall constitute the required Development Plan.
(e) Specialty food uses in accordance with Section 20.72.015 shall be permitted in
any portion of a Planned Community District where retail uses area permitted.
•NEWPORT SHORES SPECIFIC PLAN
COMMERCIAL DEVELOPMENT
20.61.060 A. USES PERMITTED. Retail stores, specialty food uses in
accordance with Section 20.72.015, and personal service establishments within a building,
including appliance stores, bakeries (except wholesale), banks, barber shops, beauty
parlors, book stores, drug stores, food shops, hardware stores, medical - dental 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.
MARINERS MILE SPECIFIC PLAN
RECREATION AND MARINE COMMERCIAL
20.62.040 A. USES PERMITTED.
1. Marinas, yacht clubs, yacht brokers, social clubs, commercial recreation, boat
sales, marine supply sales, boat repair and servicing, sports fishing establishments, hotels
and motels, specialty food uses in accordance with Section 20.72.015, business and
professional offices where marine related services are offered to the general public, and
other uses which, in the opinion of the Planning Commission, are of a similar nature.
The Planning Commission's decision may be appealed to the City Council.
2. Signs in accordance with Chapter 20.06.
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RETAIL AND SERVICE COMMERCIAL.
20.62.050 A. USES PERMITTED:
1. Retail sales, specialty food uses in accordance with Section 20.72.015, yacht
brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal
and professional services which are offered to the general public, commercial recreation,
hotels and motels, and other uses which, in the opinion of the Planning Commission, are
of a similar nature. The decision of the Planning Commission may be appealed to the
City Council.
2. Signs in accordance with Chapter 20.06.
CANNERY VILLAGE/MCFADDEN SQUARE SPECIFIC PLAN
SPECIALTY RETAIL, SR DISTRICT
20.63.030 A. PERMITTED USES. The following uses are permitted in the SR
district:
1. Retail sales generally oriented to the casual pedestrian shopper such as
antiques, art galleries, books, clothing, crafts, hobbies, jewelry, stationary, specialty food
uses in accordance with Section 20.72.015, and similar establishments.
2. Personal service establishments such as barber shops, beauty parlors, shoe
repair, tailor shops, and similar establishments.
3. Professional and business offices providing direct services to the public, such
as accountants, architects, attorneys, and realtors.
•4. Professional and business offices not providing direct services to the public
or not ancillary to an otherwise permitted use, such as corporate offices shall be
permitted on the second floor only.
5. Residential uses on the second floor or above, where the ground floor is
occupied by a permitted use.
RECREATIONAL AND MARINE COMMERCIAL, RMC DISTRICT
20.63.035 B. PERMITTED USES.
1. Incentive Uses: Highest priority uses such as Marinas, yacht brokers, boat
charters and rentals, marine construction, boat sales, boat repair and servicing, sports
fishing establishments, dry-boat storage, boat launching, commercial fishing facilities, and
retail marine sales, that when they occupy at least forty percent (40 %) of a site, as
defined herein, may be combined with uses under C.3.
2. Other Non - incentive Permitted Uses: Marine related offices where services
are offered to the general public, such as marine surveyors and marine insurance brokers
and specialty food uses in accordance with Section 20.72.015.
C. USES WHICH REQUIRE A USE PERMIT.
1. Incentive Uses: Highest priority uses such as marine related manufacturing,
new boat construction, yacht clubs, marine service stations and gas docks, that when they
occupy at least 40% of a site, as defined herein, may be combined with uses under C.3.
2. Other non - incentive uses such as social clubs, commercial recreation,
hotels, motels, and 'bed and breakfasts', restaurants (outdoor, drive -in and take -out), and
bakeries.
-12-
3. Uses which must be in conjunction with an Incentive Use occupying at least
40% of the site such as general retail and service commercial uses, professional and
business offices, and light manufacturing (unless for marine products).
RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT.
20.63.040 A. USES PERMITTED.
1. Retail sales, specialty food uses in accordance with Section 20.72.015, and
personal service establishments within a building including accountants, architects, banks,
barber shops, bookstores, realtors, travel agencies, and those uses permitted in Section
20.63.030, Specialty Retail District and Section 20.63.035, Recreational and Marine
Commercial District.
2. Residential uses on the second floor or above, where the ground floor is
occupied by a permitted use.
3. Professional and business offices not providing direct services to the public
or not ancillary to an otherwise permitted use, such as corporate offices shall be
permitted on the second floor only.
4. Marine industrial uses or light manufacturing of marine related products.
CHAPTER 20.81. MODIFICATIONS COMMITTEE
20.81.020 POWER AND DUTIES. Whenever a strict interpretation of the
provisions of Title 20 of this Code, or its application to any specific case or situation
would preclude a reasonable use of property not otherwise permissible under existing
regulations, the Modifications Committee may grant approval of such modifications
relating to: required building setbacks in front, side or rear yards; heights of walls,
•hedges or fences; distances between buildings; area and height of signs; structural
appurtenances or projections which encroach into front, side or rear yards; size or
location of parking spaces or access to parking spaces; swimming pool and swimming
pool equipment encroachments; roof parking of automobiles; minor modifications and
improvements to nonconforming buildings; lot line adjustments; specialty foods permits;
and such items as may be subsequently set forth by the Planning Commission resolution,
subject to a confirming resolution by the City Council. The Modifications Committee
shall also pass upon all requests to extend existing use permits which have been
approved by the Planning Commission and exercised by the applicant. (Ord. 1854 § 2,
1980; Ord. 1268 § 1 (part), 1968).
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the city within fifteen (15) days of its adoption. This Ordinance shall be
effective thirty (30) days after the date of its adoption.
is
- 13 -
•
This Ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 13th day of November , 1989, and was adopted on the
27th day of November , 1989, by the following vote, to wit:
ATTEST
AYES, COUNCIL MEMBERS WATT, SANSONE, HART, STRAUSS
NOES, COUNCIL MEMBERS TURNER, PLUMMER, COX
ABSENT COUNCIL MEMBERS NONE
rE9-o
• //
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- 14 -
Q xatwca 10 putzrh AGVCrIICVF9CAI8 p Cy ¬ 04!x
r,arsq br VSzcrca of the buRtrror Court of Orsrlgp COVAII.
Colllorhla. f vmDT A -6214. 401611 " tieot6+ena, ICSI. and
A- 24431,0oled It k". 16#2
STATE OF CALIFORNIA
County Of Orange Pq sw AhV1Yr f~W
rye
�` W OrA CMMr/� wol�
,,I''��jjamm as ''C''',',itizen of the United States and a resident of
ty aforesaid. I am over the age of eighteen
d not a party to Or interested in the below
O matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is Combined the
NEWS- PRESS. a newspaper of general circulation.
printed and published to the City of Costa Mesa.
County of Orange. State of California, and that a
Notice of Ordinance
of which copy attached hereto is a true and complete
copy. was printed and published to -the Costa Mesa.
Newport Beach. Huntington Beach. Fountain Valley.
Irvine. the South Coast Communities and Laguna
Beach issues of said newspaper for 1 time
consecutive weeks to wit the issue(s) of
November 30 . 198 9
. 198-
. 198_
198_
198—
I declare. under penalty of perjury, that the
foregoing is true and correct.
Executed on November 30 , 198 9
at Costa Mesa, California.
e!�9 !AAA
Signature
!7 p b
PUBLIC NOTICE _
ORDINANCE
NO. 89-35
AN ORDINANCE OF
-s XE CITY COUNCIL
OF T4E CITY OF
NEWPORT BEACH
AMENDING
TITLE 20 OF THE
MUNICIPAL CODE
SO AS TO
DEFINE AND
nEGULAYE
"SPIECIALTY FOOD"
USES IN THE CITY
Mamm!no
Comnt!aalon
No 67 0)
6 0. lnan
Subject ordinance was in-
vember, 9 13th day of No-
vember, day and adopted
on 27th day of November,
1989.
AYES, COUNCIL MEM-
BERS WATT, SANSOFJ ONE, E,
HART, S U
NOES, , COUNCIL CIL M
BERS TURNER, PLUMrFER, ER,
COX
ASSENT COUNCIL MEM-
BERS NONE
MAYO? RtiS "�YN
PL TY
CITY CLERK, WANDA E.
RAGGIO
THE ENTIRE TEXT
AVAILABLE FOR REVIEW
OF-
FICE THE CITY CLERK'S NEW-
PORT OF THE CITY OF NE W-
iPORTished
Published Pilot etl Orange Coast
Daily Pilot November 30,
1989
Th946
- PROOF OF PUBLICATION ��