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HomeMy WebLinkAbout95-10 - Amending Title 20 of the Municipal Code Revising the Personal Service Provisions So as to Establish Definitions for the Terms "Beauty Parlor" and "Nail Salon," and to Establish Parking Requirements for Nail Salons (Planning Commission Amendment No• ORDINANCE NO. 95 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE REVISING THE PERSONAL SERVICE PROVISIONS SO AS TO ESTABLISH DEFINITIONS FOR THE TERMS "BEAUTY PARLOR" AND "NAIL SALON," AND TO ESTABLISH PARKING REQUIREMENTS FOR NAIL SALONS (PLANNING COMMIISSION AMENDMENT NO. 816) WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, the City Council of the City of Newport Beach adopted Ordinance No. 94 -22, which on an emergency basis, prohibited the issuance of permits for the establishment of new retail beauty parlors and nail salons. Ordinance No. 94 -22 was adopted over a concern that nail salons and beauty parlors can create excessive parking demand over and above established parking standards for other retail businesses. The City Council has studied the potential parking impacts of these businesses in conjunction with other retail service uses in the City, and determined that nail salons and. beauty parlors where over 25% of the work stations are devoted to providing a manicure do result in excessive parking demand, over and above the established parking standards for retail businesses. The City Council has found that it is necessary to establish separate standards for businesses operating as nail salons; and WHEREAS, on October 24, 1994, the City Council adopted Resolution No. 94 -92, initiating amendments to Title 20 of the Newport Beach Municipal Code pertaining to the definitions for "beauty parlor" and "nail salon," and the parking standards for nail salons; and WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations); and mar. 13 and WHEREAS, on Mar. 27, 1995, 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. Section 20.87.037 and Section 20.87.227 of Chapter 20.87 of the Newport • Beach Municipal Code is hereby added to read as follows: 20.87.037 Beauty Parlor. The term "beauty parlor" shall mean any building, structure or portion thereof, or any business or enterprise where the principal use or purpose of the business or enterprise is either: 1) The arranging, curling, permanent waving, cleansing, coloring, beautifying, or otherwise treating by any means the hair of any person, or massaging, cleansing, beautifying the scalp, face, neck, arms, or upper part of the human body, with or without the use of cosmetic preparations, lotions, or cremes; or, 2) The use of electrolysis to remove hair; or, 3) The manicuring, massaging, cleansing, treating, or beautifying of the hands or feet or nails of any person where no more than 25% of the work stations are dedicated to the manicuring, massaging, cleansing, treating, or beautifying of the hands, feet or nails of any person. • 20.87.227 Nail Salon. The term "nail salon" shall mean an building ng structure or portion thereof, or business or enterprise where the principal use or purpose of the business is to manicure the nails of any person or massage, cleanse, or treat, or beautify the hands, or feet of any person. SECTION 2. Section 20.30.035 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.30.035 "H" COMBINING DISTRICT. The following regulations shall • apply in all Commercial Districts with which are combined "H" Districts, in addition to the regulations hereinbefore specified therefore, and shall be subject to the provisions of Chapter 20.30; provided, however, that if any of the regulations specified in Subsection A and Subsection B below differ from any of the corresponding regulations specified in this Section for any district -2- with which is combined an "H" District, then in such case the provisions of Subsections A and B shall govern. A. USES PERMITTED. The following uses shall be permitted in " -H" Districts: • All uses permitted in the respective districts with which the " -H" District is combined, subject to approval as to design of buildings and design and location of parking lot; except, however, as provided in Sections 20.30.035 (B.) and 20.30.035 (C.). 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. • (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net 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. -3- 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. (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. 11. 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 Parkin problems in the area at times of peak demand. () Parking P III. The operational characteristics of the restaurant. -4- • • (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. (5) Outdoor restaurants, drive -in and take -out restaurants: 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. (6) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fared; where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. () Theaters: One parking space for each three seats. (8) Hotels: One parking space for each two guest rooms. -5- ;7 (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. (13) Nail Salons: One parking space for each 80 square feet of gross floor area. C. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified in Section • 20.30.035(B.)(2), may be modified in accordance with the following schedule: (1) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. (2) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq. ft. of net floor area. (3) Any additional floor area, parking shall be provided at one space per 350 sq. ft. of net floor area. • For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. D. OFF- STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off - street parking on a separate lot from the building site or sites unless: (1) Such lot is so located as to be useful in connection with the proposed use or uses on • the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. (3) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). • (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. (5) A fee as established by resolution of the City Council is deposited with City for the administrative costs of processing such requests for off - street parking on a separate • lot. E. BUILDING LOCATION. In case no building lime is established by the Street and Highway Plan of the Master Plan or by the provisions of this Chapter for the street on which any building -7- will front, in any district with which an " -H" District is combined, no such building shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the fine of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a • permit for such building, as provided in Chapter 20.30. SECTION 3. Section 20.30.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.30.040 "Z" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "Z" Districts, in addition to the regulations hereinbefore specified therefor, provided, however, that if any of the regulations specified in the "Z" District differ from any of the corresponding regulations specified in this Section for any District with which is combined the "Z" District, then and in such case the provisions of the "Z" • District shall govern. A USES PERMITTED. The following uses shall be permitted in " -Z" Districts: All uses permitted in the respective districts with which the " -Z" District is combined, subject to approval as to design of building and design and location of parking lot; except, however, as provided in Subsections B and C below. 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: -8- • • (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. (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.: 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. (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. IM • • • 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 requirements within the ranges noted above. (4) Drive -in and take -out restaurants: 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 -10. provided for each employee on duty, with the number of such spaces to be based on peak employment. (5) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main • assembly hall where seating is not fixed; where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. (6) Hotels: One parking space for each two guest rooms. (7) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (8) 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. • (9) Motels: One parking space for each guest unit. (10) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. (11) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (12) Nail Salons: One parking space for each 80 square feet of gross floor area. • C. OF- STREET PARKING ON SEPARATE LOT. The Planning Commission shall not recommend and the City Council shall not approve off- street parking on a separate lot from the building site or sites unless: -11- (1) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) Parking on such lot will not create undue traffic hazards in the surrounding area. • (3) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). (4) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a • change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Department of Community Development. (5) A fee as established by resolution of the City Council is deposited with City for the administrative costs of processing such requests for off - street parking on a separate lot. D. WAIVER OF OFF - STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property owner, a waiver • of or reduction in off - street parking required by the terms of this Section under the following conditions: -12- • • is (1) When a municipal parking lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. SECTION 4. The Mayor shall sign and the City Council shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 5. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of Mar . , 1995, and was adopted on the 27th day of _ March . 1995, by the following vote, to wit: AYES, COUNCIL MEMBERS WATT, DEBAY, HEDGES, GLOVER, O'NEIL NOES, COUNCILMEMBERS EDWARDS, COX ABSENT COUNCIL MEMBERS NONE MAYOR AJIAI DANA- AIANEND\A816.0D2 -13-