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Home My WebLink About2008-11-05_GP-LCP IC Agenda Meeting PacketAGENDA General Plan/LCP Implementation Committee November 5, 2008 3:30 p.m. City Council Chambers 1. Approve Action Minutes from October 29, 2008 Attachment No. 1 3:30-3:35pm 2. Draft Zoning Code Review Review No. 9—Alcohol Sales/Eating and Drinking Establishements Attachment No. 2 3:35-6:45pm 3. Items for Future Agenda 6:45- 6:55pm 4. Public Comments on non -agenda items 6:55-7:OOpm 5. Adjourn to November 19, 2008 Attachments: 1. Draft Action Minutes for October 29, 2008 2. Draft Code Review No. 9 — Alcohol Sales/Eating and Drinking Establishments Attachment No. 1 CITY OF NEWPORT BEACH GENERAL PLAN/LCP IMPLEMENTAION COMMITTEE DRAFT ACTION MINUTES Action Minutes of the General Plan/LCP Implementation Committee held at the City Council Chambers, City of Newport Beach, on Wednesday, October 29, 2008 Members Present: X Ed Selich, Mayor, Chairman X Leslie Daigle, Mayor Pro Tem X Don Webb, Council Member X7Barry Eaton, Planning Commissioner X I Robert Hawkins, Planning Commissioner X Michael Toerge, Planning Commissioner Advisory Group Members Present: X Mark Cross Larry Frapwell William Guidero X Ian Harrison X Brion Jeannette X Don Krotee X Todd Schooler Kevin Weeda Dennis Wood Staff Representatives: E = Excused Absence Committee Actions 1. Agenda Item No. 1 — Approval of minutes of October 22, 2008. Action: Committee approved draft minutes. Vote: Consensus Sharon Wood, Assistant City Manager David Lepo, Planning Director Robin Clauson, City Attorney X James Campbell, Senior Planner X Gregg Ramirez, Senior Planner X Melinda Whelan, Assistant Planner E = Excused Absence Committee Actions 1. Agenda Item No. 1 — Approval of minutes of October 22, 2008. Action: Committee approved draft minutes. Vote: Consensus 2. Agenda Item No. 2 - Zoning Code Re -write • Review of Part 4 Standards for Specific Land Uses and Nonconforming Uses and Structures Action: The Committee reviewed comments prepared by Committee members Eaton and Hawkins regarding standards for specific land uses and nonconforming uses and structures of the draft code. The Committee and Advisory Members discussed and directed staff to: • re -look and possibly revise Section 20.60.020 subsection C.1. and C.2. pg. 4-4 — use uniform number for distance for C.1 and C.2. and check with City Attorney regarding the rationale used for the location restrictions • revise Section 20.60.080 subsection A.3.a and A.3.b. pg. 4-13 — revise language so requirement is more general so there are not specific distance requirements • revise Section 20.60.100 E.3.a. pg. 4-19 — change 800 feet to 1,000 feet • revise Emergency Shelter definition — delete e.g. list • revise use tables so that Emergency Shelters are only permitted by right within the PI district • re -look at and clarify Section 20.60.130 subsection C.1. pg. 4- 22 • re -look at Section 20.60.130 subsection D. pg. 4-23 and discuss further with Committee on whether residential noise standards should apply to non-residential mixed-use projects • revise and look into Section 20.60.130 subsection F. pg 4-23 — replace "tenant" with "resident" — need to clarify that notification needs to be archived in some type of public record (e.g. recorded document, CCR's) ■ revise Section 20.60.170 subsection B.1. pg.4-28 — change 100 feet to 300 feet • re -look at Section 20.60.150 pg. 4-25 and staff will re -organize accordingly • delete Section 20.60.140 pg. 4-23 (Oil and Gas Facilities) • re -look at Section 20.50.020 and staff will revise accordingly to address the properties that will become non -conforming due to policy changes in the new Zoning Code • revise Section 20.50.060 subsection B.3 — limit amount of addition • Advisory member Brion Jeannette expressed concern with plan check staff interpretation of non -conforming chapter — staff will work with Brion Jeannette to clarify and address concerns The public provided comments to the Committee and staff regarding: • concern with buffer/screening between residential and non- residential within a mixed use project — clarification provided by staff that buffer/screening requirement intended between different zones not different uses • concern that applying residential noise standards to non- residential or mixed use districts will cause problems because commercial uses within mixed use districts can not meet the noise standards for residential uses therefore defeating the mixed use district • coastal map and Sections 20.38 and 20.40 status — staff will send out e-mail alert prior to these being put on the GP/LCP Committee agenda • will residents be notified about becoming non -conforming due to policy changes for bluff/canyon setbacks — staff is confident that revised policy will not create the amount of non -conforming properties that was first perceived with the previous policy, staff will provide updates on this matter • non -conforming chapter needs to provide mechanism for properties that will become non -conforming due to policy changes of the updated Zoning Code — public input will be provided via e-mail to staff consisting of a list of major policy changes that will result in substantial non -conforming properties Vote: Consensus 3. Agenda Item No. 3 — Items for future agenda Action: None Vote: None 4. Agenda Item No. 4 — Public Comments on non -agenda items None Meeting Adjourned 5:45 p.m. Attachment No. 2 GP/LCP Committee Draft Code Review November 5, 2008 Draft Code Review Topic No. 9 Alcohol Sales/Eating and Drinking Establishments Chapters/Sections to be discussed at meeting: Alcohol Sales — Off Sale and Eating and Drinking Establishments found in Parts 2 and 4 of the draft code. Noteworthy Items: • Off -sale alcohol regulations have their own set of regulations. • The on -sale regulations are now in the same section as the other eating and drinking regulations instead of being in a separate chapter. • Revised eating and drinking categories are based on type of establishment, whether or not alcohol is proposed, hours of operation and proximity to residential districts. The categories in the existing code were primarily based on trip generation. • Proposed "late hours" are defined as past 10:OOPM Sunday -Thursday and past 11:OOPM Friday and Saturday • The Police Department has reviewed these regulations and support the changes. Alcohol Sales — Off Sale — Section 20.60.030 • Existing Code: Section 20.89 • Draft Code: Sections 20.60.030 pg. 4-4, definitions pg. 7-6 Noteworthy changes: • Alcohol Sales, Off Sale: will require the approval of an MUP not a CUP. (See use tables on pgs. 2-17, 2-20, 2- 29,2-32) • Alcohol sales, Off Sale Accessory Only: Proposed to be permitted by right. (See definition pg. 7-6) • Section 20.60.030.C.3. pg. 4-6 through 4-7, staff recommends changing the word "shall' to "may" (5"' line). Eating and Drinking Establishments (Including alcohol sales and bars/nightclubs/lounges)— Section 20.60.090 1. Land Use Definitions Existing Code: pg 20.05-7 Draft Code: pg. 7-21 GP/LCP Committee Draft Code Review November 5, 2008 2. Required Permits/Review Authority • Existing Code: Sections 20.15.020, 20.20.020, 20.25.020, 20.30.020 • Draft Code: Section 20.20.020 pgs. 2-18, 2-21, 2-30, 2-33, 20.24.020 pg. 2-42. Section 20.26.020, pg. 2-49. Revised eating and drinking categories are based on type of establishment, whether or not alcohol is proposed, hours of operation and proximity to residential districts. The categories in the existing code were primarily based on trip generation, "late hours" are defined as past 10:OOPM Sunday - Thursday and past 11:OOPM Friday and Saturday 3. Development and Use Standards • Existing Code: Sections 20.82, 20.89 (ABO) • New Code: Sections 20.60.090 pg. 4-14 — New regulations include provisions for outdoor conduct (e.g. queuing and smoking areas) and revocation findings specific to eating and drinking establishments. 4. Outdoor Dining • Existing Code: 20.82.050 • New Code: Section 20.60.90 subsection D. pg. 4-16 — the Outdoor Dining Permit has been eliminated. Outdoor dining would be subject the same permit as the establishment or, if a use is permitted by right, approval of a MUP would be required. 5. Parking • Existing Code: Ch. 20.66.070 • New Code: Section 20.52.040 Table 3-11 pg. 3-119 — majority carried over, new requirement for Food Service. Staff continues to search for an equitable parking requirement based on gross floor area. The existing code uses a range for net public area which is often confusing to calculate and administer. GP/LCP Implementation Committee November 5, 2008 Responses to Barry Eaton's October 31St E-mail 143) Footnote 10 to Table 2-4 (page 2-19) states the proposed late hours, as noted in the staff report, which is after 10:00 PM on weekdays, and 11:00 PM on Fridays and Saturdays. But the definition of "Late Hour Operations", which, ironically is in the "E" definitions section (page 7-23) of Part 7 of the Definitions, specifies that late hour operations is after 11:00 PM on all clays of the week. Is this not a conflict? If, so, which applies? Staff recommends 11:00pm 7 days a week. Chapter 20.22 - Mixed Use Zoning Districts 144) Table 2-10 (page 2-33) permits both Fast Food with no late hours, and Accessory Outdoor Dining, by right in the MU -W IMM and MU -W2 Mixed Use Districts, but both appear to require a MUP in all the other Mixed Use Districts, in Table 2-9 (on page 2- 30). Why? Was this intentional? Outdoor dining as a separate use needs to be come out. Fast Food should require a MUP. 145) Footnote 4) of Table 2-9 (page 2-31) and footnote 3) of Table 2-10 (page 2-34) have the same conflict with the definition on Page 7-23, as raised in question 143) above. Which is correct? See answer to 143. Part 3 - Site Planning and Development Standards Chapter 20.52 - Off Street Parking and Loading Standards ` See questions 116),117),118 and 119 of my Oct. 18th email on Non Residential Standards. In particular, my previous question 118) (relating to Table 3-11, on page 3- 119 of the proposed Code) inquired why you were recommending the wholesale change in the parking requirements for those types of Eating Establishments that you are now proposing to redefine as "Food Service" (which appears to be most of them), and whether and to what extent you had researched the proposed new standard (to be applied to the gross square footage, as opposed to the current standard, which is applied to a net dining area). I am curious as to whether you think you have found the right number, how many other agencies use a gross square footage for this requirement, and how many of the hundreds of existing food service establislunents in NB will be made non conforming by this new requirement. I think this is definitely a policy question for the whole committee to discuss. Part 4 - Standards for Specific Land Uses Chapter 20.60 - Standards for Specific Land Uses Section 20.60.030 - Alcohol Sales - Off -Sale (pages 4-4 through 4-7) GP/LCP Implementation Committee November 5, 2008 147)' Many of the sub -sections in this section appear to duplicate those of Section 20.60.090 - Eating and Drinking Establishments (pages 4-14 through 4-18). Why was it necessary to have so many pages of duplicate regulations? Staff agrees that duplication typically isn't good but, believes it is needed in this instance for clarity. Section 20.60.090 - Eating and Drinking Establislunents 48;j Section 20.60.090.E. (page 4-16) requires adequate soundproofing for bars, nightclubs and lounges. Does this not apply to Restaurants that may have ABC licenses, dancing, and an Entertainment Permit? If not, why not? Depends on the location, design and hours. Noise and affects on the surrounding neighborhood are always addressed in the Conditional and Minor Use Permit process. Part 7 - Definitions Chapter 20.86 - Definitions 149) There are almost 3 pages, containing at least 9 sub -definitions, that don't begin with "E", listed under "Eating and Drinking Establishments (pages 7-21 through 7-23) in the "E" section of the definitions. Shouldn't there be at least a reference in the other definitions sections to these definitions, if they are not going to be listed under their individual beginning letter? Yes, we can a reference. The definitions you identify are all sub -definitions within the Eating and Drinking Establishments definition therefore identified by the head -definition of "E". 150) An example of one of those non "E" letter definitions that are contained in the E sections "Late Hour Operations" (page 7-23) which appears to conflict with the footnotes on Tables 2-4, 2-9 and 2-10 (pages 2-19, 2-31 and 2-34, respectively). See questions 143) and 145) above. See answer to 143. For reference from October 20tt' a -nail for October 22id GP/LCP for question 146 116),Further down in the same table (page 3-119) it requires one space for 3 seats in the accessory eating establishment category, but one space for 4 seats in the Bars & Lounges category. Why the difference? Wouldn't the actual need be greater for bars? The requirement for Bars and Lounges is one space for every 4 persons based on occupancy, not seats. The result will be a greater parking requirement than if based on seats. 117) In the same requirement for accessory eating, this table equates 3 seats with 75 sq. ft. of net public area. Isn't this a substantially different equation than is spelled out in the Building Code? If so, why the difference? This is consistent with the current code and works well. OP/LCP Implementation Committee November 5, 2008 118) As indicated in the staff summary, Table 3-11 (on page 3-119) has a new category and parking requirement for "Food Service". But there is no such definition in Part 7 of the proposed Code. There is a definition of "Accessory Food Service" (on page 7-21) in the "E" definitions; and there is also a definition of "On Site Food Service" (on page 7- 22), also in the "E" definitions. Which one is this parking requirement intended to apply to; and why is it so much lower than all the other requirements for eating and drinking establishments (other than Limited Take Out)? We will clarify this. 119) Also under Eating and Drinking Establishments (page 3-119), why is the Take Out with no seating requirement so much higher than Limited Take Out? Shouldn't it be the other way around? The Take Out Service Only should be taken out. 20.16.010 — Commercial Zoning Districts Land Uses and Permit Requirements A. Allowed land uses. Tables 2-4 and 2-5 indicate the uses allowed within each zoning district and the permit required to establish the use, if any, in compliance with Part 5 (Planning Permit Procedures). B. Prohibited land uses. Any table cell with means that the listed land use is prohibited in that specific zoning district. C. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use. Provisions in other Sections of this Zoning Code may also apply. D. Uses to be conducted within an enclosed structure. All uses allowed within the commercial zoning districts shall be conducted within an enclosed structure, unless allowed otherwise by a Conditional Use Permit or Minor Use Permit. PQ: Eating and drinking. MU Petralt (20.66.090) CUP Conditional Use Permit (20.66.090) t P Minor Use Not allowed ORISpecific Use Regulations 20.60.030 Formatted Table • 111 tieCre'�a ion liycaton,�alldttb�� '-z }r:''- QgseliiL�Y�Ses�'.��-a� t F.- 111 . ... 'IMWT • ell ,SeNlses B1lsfj. oesgr Finatiel'P ICY ei4aly dn>'-^ E_ Convalescent Health Facilities InstitutionsEmergency • Related 20.60.030 Formatted Table 20.20 Commercial Zonina Districts `- - ... _..._ .. ....... PennN Re4uir_ement5' ...._.__ - ' _. - P Permitted sy-Right -- Formatted Table .� ` x a - CUP Conditional Use Penh (20.66.090) -- ,,WS- MUP Minor Use Permit (20.66.090) - LTP Limiled Term Permit (20.66.080) -- Notallowed- i Use Specific Use See Part 7 for land use definitions^ I OA OG OM OR Regulations >pnals -- --wr -- ces - Business P P P P _ ces - Corporate P P --- P ces - Medical and Dental P P P P ces - Professional P P P P _ ;patient Surgery Facility P P P P tit -Oriented Businesses CUP MC 5.96 20.60.020 bulance Services P -- p --- ,not Sales and Services Animal Boarding/Kennels P --- -- CUP 20.60.050 Animal Grooming P MUP? -- 20.60.050 Veterinary Services P CUP CUP _MUP? CUP 20.60.050 sts' Studios P P --- P Bring Services P P -- P Care -General (15 or more) MUP CUP? MUP MUP MU P CUP? CUP? CUP? ing and Drinking Establishments This �. _ tion needs clarity, simplicity and a lot Cork PO: P P P P Accessory (open to public) 20.60.090 Bars, Lounges, and Nightclubs CUP --- --- CUP 20.60.090 Fast Food (no late hours) (1)(2) PUP=---_ .,MUP __.---- — --- ---- ---20.60.090,..-- Deleted: P! Fast Food (with late hours) (1) MUP MUP -`---- --- --- 20.60.090 `_- I Deleted: PI UP jNUP 20.60.090 FormattedaustiFled Food Service (no alcohol, no late rs) (1)(2)- -_.--_--__ -_ 'MUP ---_ -_.fAUP _-_, - - ---- _ -, Food Service (no late hours) (1) MUP MUP MUP_ MUP 20.60.090 Deleted: PI Food Service (with late hours (1) CUP CUP CUP CUP 20.60.090 Formatted: Justified Take -Out Service, Limited (2) N.UP_.--_jtgUP---- -...jv1UP _ - -_ IUP _ 20.60.090 ',. Deleted: P/ Take -Out Service Only (2) MUP ----.. jNUP_. UP UP 20 60.090r 09 ' Deleted: P/ _..._ _. Outdoor Dining -Accessory MUP _ MUP --- MUP -- --- MUP 2060.090:;;. Deleted;PI argency Shelters pMUP? MUP? ---MUP? I ---MUP? 20.60.100 , : , Deleted: P! oral Homes and Mortuaries, w/o MUP MUP MUP MUP Deleted: Pt natorium oral Homes and Mortuaries, withCUP CUP CUP CUP .. Deleted: Pt natorium ';' Deleted: P/ Ith/Fitness Facilities Small - 2,000 sq. ft or less Pp p p -i Deleted: w Large - Over 2,000 sq. ft. MUP MUP MUP MUP Deleted: Pt )stories SDefinitiion needs a size pMUP? P MUP? P MUP? P MUP? Deleted: Pt ponent; this would include Allergan CUP? CUP? CUP? CUP? :Deleted: PI rtenance and Repair Services P P --- _P __ Formatted: ).stiffed I Commercial Zoning Districts Districts P Permitted By -Right CUP Conditional Use Permit (20.66.090) MUP Minor Use Permit(20.66.090) LTP Limited Term Permit (20.66.080) -- Not allowed ` J Use See Pad 7 for land use definitions. cc CG cm CN CV Specific Use Regulations Boat Rentals and Sales -- cup CUP -- CUP Marine Retail Sales P MUP? P MUP? P MUP? -- P MUP? " Retail Sales s'.. _i �AS39jt7b�}r P 11395 r s.3 �_ C �. ✓�< �'ss< " '�� x � `-:�i�, q --- P _ATM's P P P P P Emergency Health Facility (above 1 floor MUP — -- MUP only MUP • Financial Institutions and Related P P - P P Services Offices - Corporate (above 16' floor only) P P WE P --- Offices - Business P P P P P Offices - Medical and Dental P P -- Bulk • - P Offices - Professional (above 1 floor P P P Me( Sales P only) Boat Rentals and Sales -- cup CUP -- CUP Marine Retail Sales P MUP? P MUP? P MUP? -- P MUP? Retail Sales P P P P Visitor Serving Retail P --- --- --- P _ATM's P P P P P Emergency Health Facility (above 1 floor MUP — -- MUP only MUP Financial Institutions and Related P P - P P Services Offices - Corporate (above 16' floor only) P P P P --- Offices - Business P P P P P Offices - Medical and Dental P P -- P P Offices - Professional (above 1 floor P P P P P only) Outpatient Surgery Facility (above V (floor only) MUP MUP P --- --- Animal Sales and Services Animal Boarding/Kennels CUP CUP -- CUP --- 27(. .050 __ .... Animal Grooming P P -- P I P 20.60.050 Animal Retail Sales (- P {-- P --I P I P 1 20.60.050 20.20 CUP Condtional Use Penh (20.66.090) MUP Minor Use Permh (20.66.090) LTP Limited Term Permit (20.66.080) Commercial Zoning Districts - --- Not allowed ` MUP MUP P/MUP __MUP CUP P/MUP P/MUP MUP -- --- I AAUP.... MUP P/MUP MUP CUP P/MUP P/MUP MUP -- --- MUP MUP P/MUP MUP CUP P/MUP P/MUP .MUP --- --- 20.60.090 20. -Co .090 20.60.090 20.60.090 20.60.090 20.60.090 20.60.090 20.60.090 Deleted: P/ %Deleted: Land Use MUP P/MUP P/MUP MUP MUP CUP See Part 7 for land use definitions. CC CG CM CN CV Specific Use Regulations See Section 20.12.020 for unlisted uses. MUP --- CUP -- -- MUP? -- -- _ CUP MUP? Veterinary Services CUP CUP -- CUP 4 --- Artists' Studios P P P P P Catering Services --- P P P P MC 5.50 20.60.120 nav Carp np.npral NF nr mnrpl I MUP I MUP I MUP I PAI IP AAI IP --- Accessory (open to public) Bars, Lounges, and Nightclubs Fast Food (no late hours) (1)(2) Fast Food (with late hours) (1) Food Service (no alcohol, no late hours) (1)(2) Food Service (no late hours) (1) Food Service (with late hours (1) Take -Out Service, Limited (2) Take -Out Service Only (2) Outdoor Dining - Accessory 4M.UP._. ,mup. MUP MUP P/MUP __MUP CUP P/MUP P/MUP MUP -- --- I AAUP.... MUP P/MUP MUP CUP P/MUP P/MUP MUP -- --- MUP MUP P/MUP MUP CUP P/MUP P/MUP .MUP --- --- 20.60.090 20. -Co .090 20.60.090 20.60.090 20.60.090 20.60.090 20.60.090 20.60.090 Deleted: P/ %Deleted: MUP MUP P/MUP P/MUP MUP MUP CUP __ CUP P/MUP P/MUP P/MUP P/MUP_ MUP MUP --- MUP --- CUP Small - 2,000 sq. ft. or less Large - Over 2000 sq. ft. M MUP I P MUP I P MUP I P MUP I P MUP I Laboratories Maintenance and Repair Services --- P -•- P --� Marine Services Boat StorageCUP Boat Yards Entertainment and Excursion Services Marine Service Stations Water Transportation Services -- -- MUP? -- -- _ CUP MUP? -- -- P -- P MC Title 17 -- -- CUP -- CUP 4 --- MUP --- MUP Personal Services Massage Establishments Massage Services, Accessory Nail Salons Personal Services, General See Comment above. Studio _--- MUP MUP --- MUP MUP MC 5.50 20.60.120 MUP MUP --- MUP MUP 20.60.120 P P --- P P P p P P _ P P ___ -. .............p .__ P _ Postal Services P P -- P P Printing and Duplicatinq Services P P ---- P --- 11 20.22 Mixed -Use Zoning Districts See Part 7 for land use definitions. Marine Rentals and Sales Boat Rentals and Sales Marine Retail Sales Penni) Requirements P Permitted By -Right .. ._..._. CUP Condi0onal Use Penult required(20.66.090) MUP Minor Use Permit required (20.66.090) LTP Limited Term Permil required (20.66.080) --- Not allowed' MU -V MU, Hl MU -H1 MU H4 Specific Use MM DW Regulations CUP Mixed -Use Zoning Districts v PemiB Requirements —_ P Pennittetl By -Right 0 CUP Conditional Use Permit (20.66.090) MUP Minor Use Permit (20.66.090) LTP Limited Tenn Permil(20.66.080) --.. --- Not allowed` Land Use See Pad 7for land use definitions. Mu -v MU -Ht R1M MU -H1 DW MU -H4 SpeclRcUse Regulations See Chapter 20.12 for unlisted uses. Located on 1 floor--- P (1)(2) P (1) P (3) 20.60.130 Located above 1" floor P (1) P (1)(2) P (1) P (3) 20.60.130 Two -Unit Dwellings _ _ Located on 1°t floor --- --- --- P (3) 20.60.130 Located above 1" floor P (1) ------ P (3) 20.60.130 Home Occupations P _ P (1) P P 20.60.110 See Part 7 for land use definitions. Marine Rentals and Sales Boat Rentals and Sales Marine Retail Sales Penni) Requirements P Permitted By -Right .. ._..._. CUP Condi0onal Use Penult required(20.66.090) MUP Minor Use Permit required (20.66.090) LTP Limited Term Permil required (20.66.080) --- Not allowed' MU -V MU, Hl MU -H1 MU H4 Specific Use MM DW Regulations CUP Animal Sales and Services Deleted: MUP Deleted: MUP Deleted: MUP 5 •Inl 0 0 JLVJ Animal Sales and Services Deleted: MUP Deleted: MUP Deleted: MUP 5 Mixed -Use Zoning Districts 20.22 See Part 7 for land use definitions. See Chapter 2a.t2forunlisletl uses. Animal Grooming Animal Retail Sales Veterinary Services _Artists' Studios _ Eating and Drinking BstibFslhir�nfs Accessory (open to public)Pe.. Bars, Lounges, and Nightclubs Fast Food (no late hours) (4)(5) Fast Food (with late hours) (4) Food Service (no alcohol, no late hours) (4)(5) Food Service (no late hours) (4) Food Service (with late hours (4) Take -Out Service, Limited (5) Take -Out Service Only (5) Outdoor Dining - Accessory Health/Fitness Facilities Small -2,000 sq. ft. or less I ornc _ nvar 9 nnn en e (MUP.. . MUP —CUP !)lowed MUP ......... MUP — MUP ..... ..... -'- MUP --- CUP NIUP............. rr. MI IP Entertainment and Excursion Services I P Massage Establishments Massage Services, Accessory Nall Salons Persona) Services, General See Comments above. Studio and Time Shares Utilities Wireless Telecommunication Facilities ON M3 0 ME 0 luct 0 gal, mVi'_ Mixed -Use Zoning Districts Deleted: P MUP Permit Requirements Deleted: P! P Permitted 14y -Right Deleted: P/ CUP Conditional Use Penni) required (20.66.090) Formatted: Left MUP Minor Use Permit required (20.66.090) Deleted: P LTP Limited Tenn Permit required (20.66.080) Formatted: Left --- Not allowed * Deleted: P/ MU -V MU -HI MDUMU -H4 SPeCKIC Use Formatted: Left P `. Deleted: P MM DW DW Regulations P P P P 20.30.050 P p --- P 20.30.050 --- CUP CUP --- 20.30.050 P P P P MC Title 17'?'. (MUP.. . MUP —CUP !)lowed MUP ......... MUP — MUP ..... ..... -'- MUP --- CUP NIUP............. rr. MI IP Entertainment and Excursion Services I P Massage Establishments Massage Services, Accessory Nall Salons Persona) Services, General See Comments above. Studio and Time Shares Utilities Wireless Telecommunication Facilities ON M3 0 ME 0 luct 0 gal, mVi'_ cu.ouupu. Deleted: P MUP 20.60.090 Deleted: P! 1P. _ _ _ 20.60.OB0 .. I Deleted: P/ MUP 20.60.090.. Formatted: Left CUP 20.60.090' Deleted: P )P 20.60-0P0, . Formatted: Left vUP 20.60:0P0 Deleted: P/ MUP 20.60.090'. Deleted: P Formatted: Left P `. Deleted: P CUP _ Formatted: Left P Deleted: P/ -. Deleted: P P MC Title 17'?'. Formatted: Left Deleted: P! Deleted: PI MUP MC 5.50 20.60.120 Deleted: P! -- P P IUP MUP P P P P CUP P I P Code Chapter 15.70 20.22 Mixed -Use Zoning Districts S - - - CUP Conditional Use Permit (20.66.090) MUP Minor Use Permit (20.66.090) LTP Limited Tenn Permit (20.66.080) 01 -- Not allowed' Land Use Mu wi See Part7 for land use defin lonrMM (5) MI Specific Use Regulations See Cha ter 20.12 for unlisted us es. Animal Retail Sales MU MUP 20.60.050 Studios ----.L--P'= P _Artists' Eating and Drinking Establishments Accessory (open to public) Bars, Lounges, and Nightclubs PQ: See Comments above for all uses in this section P P 20.60.090 CUP CUP 20.60.090 Fast Food (no late hours) (3)(4) Fast Food (with late hours) (3) Food Service (no alcohol, no late hours) (3)(4) Food Service (no late hours) (3) Food Service (with late hours (3) Take -Out Service - Limited (4) Take-Out Service Only (4) Outdoor Dining-Accessory P - - P 20.60.090 MUP MUP 20.60.090 PIMUP P/MUP 20.60.090 MUP MUP 20.60.090 CUP CUP 20.60.090 PIMUP P/MUP —2060066— P/MUP P/MUP 20.60.090 P P 20.60.090 Health/Fitness Facilities Small - 2,000 sq. ft. or less P P Maintenance and Repair Services P P -M--- ---....._ ._ Marine Services Boat Storage Boat Yards Entertainment and Excursion Services Marine Service Stations Water Transportation Services _. ..__ _ .- CUP CUP CUP CUP _ P P u CUP CUP P P Personal Services Massage Establishments Massage Services, Accessory Nail Salons Personal Services, General _ _ MUP MUP MC 5.50 MUP _ MUP _20.60.120 20.60.1_20_' P P _ P P Visitor Accommodations Hotels, Motels, and Time Shares CUP CUP Parking Facilities MUP MUP Communication Facilities P P _ _ _ Heliports and Helistops CUP CUP Wireless Telecommunication Facilities I Municipal Code Chapter 15.70 Personal Property Sales I P I P 1 20.60.160 Public Access in the Coastal Zone 20.59 Adult Day Care – Small (6 or fewer) apaces required for dwelling unit only. Adult Day Care - Large (7 or more) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling unit). Child Day Care – Small (6 or fewer) Spaces required for dwelling unit only. ........... .C--.._..-a--..__._......._.._........._....-_o_......_.__._..........- Child Day Care - Large (9 to 14j ----..._--'---'— 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling,uni). Day Caro -General 15 or more 1 per 7 occupants based on maximum occupancy allowed per license. Residential Care - General (7 to 14) 2 per site for drop-off and pick-up purposes (in addition to the spaces required for the dwelling_ unit). _ Eating and Drinking Establishments Accessory (open to public) 1 per each 3 seats or 1 per each 75 sq. ft. of net public area, whichever is greater 1 per each 4 PQ:This seems under?persons based Bars, Lounges, and Nightclubs on allowed occupancy load 1 per each 75 sq. Ft Of net public area, r as required by Conditional Use Permit --....... _........................--- 1 per 1755 sq. ft. of PQ: net public area or gross area, Food Service [New] including outdoor dining areas, but excluding the first 25% or 1,000 sq, ft of outdoor dining area, whichever is less. Food Service - Fast food 1 per 50 sq. Ft. PQ: net public area or dross area an4 1per 100. sq, ft. for outdoor dining areas Take -Out Service - Limited 1 per 250 sq. ft.? Take -Out Service Only - no seating 1 per 50 sq. ft.? Emergency Sheller As required by Conditional Use Permit Funeral Homes and Mortuaries 1 per 35 sq. ft, of seating area 250 sq. ft. Maintenance and Repair Services 1 1 ner 500 so. ft. 0.33 per storage space or as required by conditional Boat Storage -Dry I Boal Yards 1 As required by Conditional Use Permit Entertainment and Excursion Services 1 per each 3 passengers and crew members Marine Service Stations i As reauired by Conditional Use Permit Sport Fishing Charters 1 1 per each 2 passenqers and crew members Deleted:. NO 20.62 Service Stations (2) Provide for daily removal of trash, from the premises and abutting sidewalks or alleys within 20 feet of the premises; and (3) Remove graffiti within 48 hours of written notice from the City. c. Security. The review authority may require the eating and drinking establishment to provide security personnel and/or surveillance devices. d. Sales training. 1. Owners, operators, PQ : vendors and employees selling, serving, or giving away alcoholic beverages shall complete a certified training program in responsible methods and skills for serving and/or selling alcoholic beverages. A certified program shall meet the standards of a certifying/licensing body approved by the Department of Alcoholic Beverage Control. 2. Records of each owner's, operator's vendor's and employee's successful completion of the certified training program shall be maintained on the premises and shall be presented to a representative of the City upon request. e. Posted conditions of approval. The owner/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post them where they are readily viewable by an employee, customer, or representative of a governmental agency. The posted copy shall be signed by the permittee. Public telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. 2. Development standards. a. Signs. Signs shall comply with Chapter 20.54 (Signs). In addition, the following shall apply: (1) Window signs shall not obstruct the view of the interior of the premises, (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. (2) Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. b. Site and floor plans. The site and floor plans of an eating and drinking establishment that sells, serves, or gives away alcohol shall incorporate design features to reduce alcohol-related problems. The review authority may require the incorporation of preventive design features such as. Deleted.(e.g. EM Newport Beach Zoning Code, Title 20 Public Review Draft—September 2008 0i Service Stations 20.64 openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage _ loitering and nuisance behavior; and other safety features I Deleted:, etc.) C. Standards - late -hour operations. To encourage appropriate patron conduct, the owner/operator of an eating and drinking establishment that sells, serves, or gives away alcohol shall post signs at clearly visible locations within the establishment and at both on-site and off-site parking areas under the owner/operators control. The signs shall request patrons to keep noise to a minimum. D. Standards - outdoor dining. Public property. Outdoor dining on public property shall comply with Municipal Code Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department. 2. Private property. Outdoor dining on private property shall comply with the following standards: a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. b. Associated elements. Physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights-of-way shall be compatible with one another and with the overall character and design of the principal structure(s). E. Standards - bars, nightclubs, and lounges. Bars, nightclubs, and lounges shall comply with the standards in Subsections A -D, above. In addition, the structure in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior noise is not audible beyond the property line with the doors and windows closed. Permit requirements. New permits. Permits and licenses required by Municipal Code Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Amended permits. An existing permit for an eating and drinking establishment shall be amended in the following circumstances: a. Substantial change. When there is a substantial change in operation including any of the following: (1) An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; IV 20.62 Service Stations (2) An increase in the floor area principally devoted to alcohol sales by 25 percent or more or by 250 square feet or more, whichever is less; or (3) A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than 30 days. b. Objectionable conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: (1) A pattern of documented violations of the Municipal Code, the Penal Code, or other State statutes PQ: What about permit violations??; or (2) A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Review criteria. a. Late hour operations. When reviewing an application to allow late -hour operations, the review authority shall consider the following factors. (1) The potential impacts of the late -hour operations upon adjacent residential uses and residents. For the purposes of this Subparagraph, "adjacent to residential' or "adjacent residential uses" shall mean within 100 feet of a residential use or zoning district as measured between the nearest property lines,, Deleted: and (2) Occupancy loads of the use; (3) PQ: Crime stats (4) other factors including . b. Outdoor dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., places of worship, hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. 4. Required findings. In order to approve a new or amended permit for an eating or drinking establishment that will sell, serve, or give away alcohol, the review authority shall make the findings in Section 20.60.030 (Alcohol Sales — Off - Sale). 5. Post -decision procedures. a. Time limits. Notwithstanding the time limits in Section 20.68.070 (Time Limits and Extensions), an approved permit for an eating or drinking establishment that will sell, serve, or give away alcohol shall expire within Newport Beach Zoning Code, Title 20 Public Review Draft— September 2008 20.60.030-- Alcohol Sales — Off -Sale [Revised] The purpose of this Section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. This Section is intended to prevent alcohol-related problems (e.g., driving under the influence, alcohol abuse, assaults, domestic violence, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, interference with children on their way to and from school, interference with shoppers using the streets, defacement and damaging of public and private property, etc.). This Section provides a set of additional tools to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. A. Operating standards. Alcohol consumption on premises prohibited. Consumption of alcoholic beverages inside a retail alcohol sales establishment, outside the building, or elsewhere outside on the premises shall be prohibited. 2. Sales activities. Alcoholic beverages shall not be sold: a. Outside the exterior walls of the alcohol sales establishment; b. From drive -up or walk-up service windows; or G. To persons in watercraft. 3. Litter and graffiti. The owner/operator shall: a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises ; and C. Remove graffiti within 48 hours of written notice from the City. 4. Security. The City's review authority may require the alcohol sales establishment to provide security personnels, ecurity progra_ ms and/or surveillance devices. Public Review Draft— September 2008 Newport Beach Zoning Code, Title 20 20.62 Service Stations 5. Sales training. a. Personnel. Owners, operators, vendors and employees selling alcoholic beverages shall complete a certified training program in responsible methods and skills for serving and/or selling alcoholic beverages. A certified program shall meet the standards of a certifying/licensing body approved by the Department of Alcoholic Beverage Control. b. Records. Records of each owner's, operator's,_ vendor's and employee's successful completion of the certified training program shall be maintained on the premises and shall be presented to a representative of the City upon request. 6. Outdoor storage. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 7. Posted conditions of approval. The owner/operator shall maintain a copy of the most recent City permit conditions of approval and operating standards on the premises and shall post them where they are readily viewable by an employee, customer, or representative of a governmental agency. The posted copy shall be signed by the permittee. 8. Public telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. B. Development standards. Signs. Signs shall comply with Chapter 20.54 (Signs). In addition, the following shall apply: a. Window signs shall not obstruct the view of the interior of the premises, (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. b. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 2. Site and floor plans. The site and floor plans of an alcohol sales establishment shall incorporate design features to reduce alcohol-related problems. The review authority may require the incorporation of preventive design features such as { j—., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behaviornd other Such features_-ets+ C. Permit requirements. Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 13 Service Stations 20.64 1. New permits. Permits and licenses required by Municipal Code Title 5 (Business Licenses and Regulations) shall be obtained for new alcohol sales establishments, in addition to permits required by Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Amended permits. An existing permit for an alcohol sales establishment shall be amended in the following circumstances: a. Substantial change. When there is a substantial change in operation including any of the following: (1) A change in type of retail liquor license from the Department of Alcoholic Beverage Control; (2) An increase in the floor area or shelf space principally devoted to alcohol sales by 25 percent or more or by 250 square feet or more, whichever is less; or (3) A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than 30 days. b. Objectionable conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: (1) A pattern of documented violations of theerp mit conditions Municipal Code, the Penal Code, or other State statutes; or (2) A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Required findings. In order to approve a new or amended permit for an alcohol sales establishment, the review authority shall find that the use is consistent with the purpose and intent of this Section. This finding shall be in addition to the findings required by Section 20.66.090 (Conditional Use Permits and Minor Use Permits). In making the required finding, the review authority shall consider the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. C. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 4. Post -decision procedures. 11 20.62 Service Stations a. Time limits. Notwithstanding the time limits in Section 20.68.070 (Time Limits and Extensions), an approved permit for an alcohol sales establishment shall expire within 12 months from the date of approval unless the California Department of Alcoholic Beverage Control issues or transfers the ABC license before the permit expiration date. b. Extension of time. The review authority may grant a time extension for a permit for an alcohol sales establishment for a period not to exceed 12 months. An application for a time extension shall comply with Section 20.68.070 (Time Limits and Extensions). C. Revocation. The review authority may revoke a permit for an alcohol sales establishment, upon making one or more of the following findings in addition to the findings required in Subsection 20.82.050.B (Revocations or changes): (1) The establishment is being operated in an illegal or disorderly manner. (2) Noise from the establishment violates Section 20.30.070 (Noise). (3) The establishment fails to fully comply with the rules, regulations, and orders of the California State Department of Alcoholic Beverage Control, including a violation of, or failure to maintain, a valid ABC license. regulations. d. Discontinuance. A permit for an alcohol sales establishment shall lapse if the use is discontinued for 90 consecutive days or if the ABC license for the establishment is revoked or transferred to a different location. Newport Beach Zoning Code, Title 20 Public Review Draft—September 2008 15