HomeMy WebLinkAbout95-47 - Amending Title 20 of the Municipal Code To Add "Bars" and "Theater/Nightclubs" to the Table of Permitted Uses in the RSC, APF, RMC, And M-I-A Districts and Various Specific Area Plans Citywide, Subject to the Securing of a Use Permit In Each CaseORDINANCE NO. 95 -47
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MUNICIPAL CODE
• TO ADD `BARS" AND "THEATER/NIGHTCLUBS" TO THE
TABLE OF PERMITTED USES IN THE RSC, APF, RMC AND
M -1 -A DISTRICTS AND VARIOUS SPECIFIC AREA PLANS CITYWIDE,
SUBJECT TO THE SECURING OF A USE PERMIT IN EACH CASE.
(PLANNING COMMISSION AMENDMENT NO. 825)
WHEREAS, on November 28, 1994, the City Council adopted Ordinance No. 94 -55, which
was an amendment to Title 20 of the Municipal Code so as to establish definitions for the terms "bars"
and "theater /nightclubs".
WHEREAS, in keeping with the approval of Ordinance No 94-55, various sections and tables
of the Municipal Code must be amended,
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, on July 20, 1995 and September 7, 1995, the Planning Commission of the
• City of Newport Beach held public hearings regarding Amendment No. 825;
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
WHEREAS, on October 9 . 1995, the City Council of the City of Newport Beach
held a duly noticed public hearing regarding this ordinance;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach
does hereby ordain as follows:
SECTION 1. Section 20.42.025, the M -1 -A District will be amended to read as follows:
is20.42.025 USES REQUIRING USE PERMIT. The following uses shall be
permitted, subject to the securing of a Use Permit in each case:
(a) Furniture manufacturing, assembling and construction of paper products with finished
paper stock, garment manufacturing, building and repairing of boats within a building,
laundry and dry cleaning plants, gasoline service stations, drive -in facilities, manufacture
of novelties, toys and small appliances, building material yards, contractors yards,
restaurants, outdoor, drive -in, and take -out restaurants, bars, theater /nightclubs, medical
• and dental offices and clinics, other uses which in the opinion of the Planning
Commission are comparable and similar in character with the above uses.
(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 20.40.020 of General
Controls - Industrial Districts.
(c) One residence for an owner or owners of a building site, including two garage spaces,
provided that such use will be incidental to and will not alter the character of the
premises in respect to the permitted uses in Section 20.42.020 of the uses permitted
• with a use permit in subsections (a) and (b) above.
SECTION 2. Section 20.61.060, Newport Shores Specific Area Plan will be amended to
read as follows:
20.61.060 COMMERCIAL DEVELOPMENT. It is the intent of this section
to provide for a service commercial area that will provide convenience goods and services to nearby
residences.
A. USES PERMITTED. Retail stores, specialty food uses in accordance with Chapter 20.72, and
• personal service establishments within a building, including appliance stores, bakeries (except
wholesale), banks, barber shops, beauty parlors, trail salons, book stores, drug stores, food shops,
hardware stores, medical- dental offices, radio stores, antique shops, shoe shops, studios, tailor shops,
copy service, handicraft establishments, and other uses which in the opinion of the Planning
Commission are of a similar nature.
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B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels, bars,
theater /nightclubs, restaurants, outdoor restaurants, drive -in and take -out restaurants, drive -in facilities,
• pet shops, animal hospitals, laundries, launderettes, nail salons, wedding chapels, health clubs/aerobics
studio, music/art schools, private instructional facilities, arcades, commercial recreational facilities, day
care, servicelsocial clubs, churches, museums, marine related museums, boat sales and Laundromat.
SECTION 3. Section 20.62.050 of the Mariners' Mile Specific Area Plan will be
amended to read as follows:
20.62.050 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT
(Inland side of Coast Highway). It is the intent of this designation to encourage the continuation
Of "marine- oriented" uses and the "marine" theme or character of the area; to encourage mutually
• supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses
which would interrupt this continuity; and to minimize the number of curb cuts on Coast
•
Highway.
A.
USES PERMITTED:
1. Retail sales, specialty food uses in accordance with Chapter 20.72, yacht brokers,
boat sales, marine supply sales, boat repair and servicing, offices for personal and
professional services which are offered to the general public, art studios, interior
decorating studio, photographic studios, barbers, beauty parlors, nail salons, copy
service, handicraft establishments, 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.
USES WHICH REQUIRE A USE PERMIT.
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1. Incentive Uses: Highest priority uses such as marine related manufacturing, new
boat construction, yacht clubs, marine service stations and gas docks, marine
related private instructional facilities, and marine related museums
that when they occupy at least 40% of a site, as defined herein, may be combined
with uses under B.3.
2. Non - incentive uses such as social clubs, service clubs, wedding chapels,
commercial recreation, hotels, motels, and bed and breakfasts', bars,
theater /nightclubs, restaurants (outdoor, drive -in and take -out), and bakeries.
3. Uses which must be in conjunction with an Incentive Use occupying at least 40%
of the site such as personal service commercial uses, professional and business
offices, financial institutions, light manufacturing (unless for marine products),
health clubstaerobics studios, art studio, dance studios, interior decorating studios,
music /art schools, photographic studios, private instructional facilities (unless
marine related), arcades, commercial recreational facilities, barbers, beauty parlors,
nail salons, cleaners and laundries, pet shops, copy service and handicraft
establishments.
SECTION 4. , Sections 20.63.030 of the Cannery Village/McFadden Square Specific
Area Plan will be amended to read as follows:
20.63.030 SPECIALTY RETAIL, SR DISTRICT. It is the intent of this section
to establish a strong specialty retail core for the Cannery Village area by encouraging mutually
supportive businesses, establishing a continuity of shopping and pedestrian orientation, and to provide a
high level of pedestrian interest, comfort and amenity.
ME
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, art studios, books, clothing, crafts, hobbies, jewelry, stationary, specialty food uses in
accordance with Section 20.72.015, interior decorating studios, handicraft establishments and
similar establishments.
2. Personal service establishments such as barber shops, beauty parlors, nail salons, 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.
B. USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the
securing of a use permit in each case: Restaurants: outdoor, take -out, and drive -in facilities; bars,
theater /nightclubs; bakeries; social clubs; hotels, motels, "bed and breakfasts ", music/art schools,
private instructional facilities, wedding chapels, museums, and marine related museums.
• C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in
all buildings on a buildable site shall be as specified in Chapter 20.07, except as provided in General
Controls, Section 20.63.045. E., Transfer of Development Intensity.
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SEMON 5. Sections 20.63.035 of the Cannery Village/McFadden Square Specific Area
Plan will be amended to read as follows:
• 20.63.035 RECREATIONAL AND MARINE COMMERCIAL, RMC DISTRICT. It is the
•
intent of this designation to establish a priority system to guide development on building sites on the
bay by encouraging a continuation of marine oriented uses, maintaining the marine theme and character
of the area, and encourage public physical and visual access to the bay.
A. SITE PLAN REVIEW REQUIRED. Unless otherwise specified herein, all development in the
Recreational and Marine Commercial District shall be subject to Site Plan Review as set forth in
Section 20.01.070 of the Municipal Code.
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. Non - incentive Permitted Uses: Marine related offices where services are offered to the
general public, such as marine surveyors and marine insurance brokers; retail uses;
residential uses on the second floor or above, where the ground floor is occupied by a
• permitted use 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, gas docks, marine related private
instructional facilities, federal post offices, and marine related museums that when they
• occupy at least 40% of a site, as defined herein, may be combined with uses under C.3.
2. Non - incentive uses such as social clubs, service clubs, wedding chapels, federal post
offices, commercial recreation, hotels, motels, and bed and breakfasts', bars,
theater /nightclubs, restaurants (outdoor, drive -in and take -out), and bakeries.
3. Uses which must be in conjunction with an Incentive Use occupying at least 400/6 of
the site such as personal service commercial uses, professional and business offices,
financial institutions and light manufacturing (unless for marine products) art studios,
dance studios, interior decorating studios, musiclart schools, photographic studios,
private instructional facilities (unless marine related), arcades, nail salons, commercial
• recreational facilities, cleaners and laundries, copy service, and handicraft
establishments.
D. SITE AREA For purposes of determining compliance with this Section, "site" shall be defined
as the total land area within the established property lines of a parcel, including any portion under
water. Forty percent (40%) of this total area shall be occupied by an incentive use as defined herein.
For those permitted uses such as boat slips located between the U.S. Bulkhead Line and the U.S.
Pierhead Line, any area on the site supporting the permitted uses, such as parking devoted exclusively
to the boat slips, shall be included in the calculation of incentive uses to determine compliance with this
Section
• E. MIXED -USE DEVELOPMENTS. Where a mixed -use development is proposed with any
combination of uses permitted in Sections B. and C. above, the area devoted to these non - incentive
permitted uses shall be subtracted from the total area of the development. Forty percent (40%) of the
balance of the total development shall be devoted to an incentive use as defined herein.
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F. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in
all buildings on a buildable site shall be as specified in Chapter 20.07, except as provided in General
Controls, Section 20.63.045.E., Transfer of Development Intensity.
SECTION 6. Sections 20.63.040 of the Cannery Village/McFadden Square Specific Area
Plan will be amended to read as follows:
20.63.040 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT. It is the intent
of this section to provide for retail sales, personal service, commercial, and professional uses that offer
direct services to the public, and light marine industrial uses.
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, nail salons, bookstores, realtors, travel agencies, art studios, interior decorating
studios, photographic studios, copy service, and handicraft establishments, 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.
B. USES REQUIRING A USE PERMIT. The following uses shall be permitted subject to the
securing of a use permit in each case: Restaurants: outdoor, take -out, and drive -in facilities; bars,
• theater /nightclubs; bakeries; hotels, motels, "bed and breakfasts ", health clubs/aerobic studios,
music/art schools, dance studios, private instructional facilities, arcade, commercial recreational
facilities, wedding chapels, cleaners and laundries, day care facilities, laundromat, servicelsocial club,
marine industrial, marine manufacturing, churches, museums, marine related museums, and federal post
offices.
C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in
all buildings on a buildable site shall be as specified in Chapter 20.07, except as provided in General
Controls, Section 20.63.045. E., Transfer of Development Intensity.
SECTION 7. Sections 20.63.045 of the Cannery Village/McFadden Square Specific Area
• Plan will be amended to read as follows:
20.63.045 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS. The
following standards shall apply to all properties and developments in the SR, RMC and RSC Districts
as set forth herein:
A. OFF - STREET PARKING REQUIRED. Off-street parking shall be provided on the building
site according to the following schedule, or with City Council approval upon recommendation of the
Planning Commission, approval of an off-site parking agreement or by the payment of an in -lieu fee as
provided in Section 20.63.045.C.
is1. Retail stores and commercial uses: One parking space for each 250 square feet of
gross floor area.
2. Office Uses: One parking space for each 250 square feet of net floor area.
3. Industrial Uses: 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.
• 4. Restaurants, bars and theater /nightclubs,: One space for each 40 square feet of net
public area Based on the following considerations, the Planning Commission may
increase or decrease the parking requirement for a restaurant, bar or theater /nightclub
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, bar or theater /nightclub.
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.
• H. The location of the restaurant, bar, or theater /nightclub.
a) In relation to other uses and the waterfront.
b) Availability of off-site parking nearby.
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c) Amount of walk -in trade.
• d) Parking problems in the area at times of peak demand.
III. The operational characteristics of the restaurant, bar, or theater /nightclub.
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 bar's, or theater /nightclub'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. Hotels and Motels: One parking space for each guest unit. The Planning Commission
may, based upon the operational characteristics of a hotel or motel, require additional
• off - street parking for ancillary uses such as restaurants, bars, theater /nightclubs meeting
rooms, retail uses, and other commercial uses as provided in this section
6. Public Assembly: One parking space for each three seats or occupants where fixed
seating is provided, or one parking space for each 35 square feet of gross floor area in
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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.
7. Residential Units: A minimum of two on -site parldng spaces shall be provided for each
residential unit in the SR or RSC Districts. At least one on -site covered parking space
and at least one independently accessible parking space, shall be provided for each
residential unit.
8. Nail Salons: One parldng space for each 80 square feet of gross floor area.
SECTION 8. The "Food Uses" section of Table 20.33 of the Newport Beach Municipal
Code is hereby amended to read as follows:
FOOD USES DRIVE - INTAKE OUT RESTAURANTS
UP
UP
UP
RESTAURANTS
UP
UP
UP
DRIVE-IN FACILITIES
NO
UP
IUP
UP
UP
THEATER/AIGHTCLUBS
Restaurants
UP
UP
UP
BARS
UP
UP
IIp
SECTION 9 The "Food Uses" section of Table 20.65 of the Newport Beach Municipal
Code is hereby amended to read as follows:
uod' 1Tses..
Bars
UP
NO
NO
NO
NO
NO
(B)
Restaurants
UP
NO
NO
NO
NO
NO
(B)
Specialty Food Service
PD
NO
NO
NO
NO
NO
(B), (C)
Take Out Restaurants
UP
NO
NO
NO
NO
NO
(B), (C)
Theater/Nightclubs
UP
NO
NO
NO
NO
NO
(B)
SECTION 10. 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
issame shall become effective thirty (30) days after the date of its adoption.
SECTION 11. This Ordinance was introduced at a regular meeting of the City Council
of the City of Newport Beach held on the 25th day of September, 1995, and was adopted on the
9th day of October 1995, by the following vote, to wit:
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AYES, COUNCILNIEMEERS EDWARDS, WATT, DEBAY,
HEDGES, COX, GLOVER, O'NEIL
• NOES, COUNCIL MEMBERS NONE
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i
ABSENT COUNCIL MEMBERS NONE
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MAYOR
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