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HomeMy WebLinkAbout1426 - RECOMMEND APPROVAL OF CA_CHAP 20.72_ALLOW SPEC FOOD SERVICE USES _LIMITED ALCOHOLIC BEVERAGE SALESRESOLUTION NO. 96- 1425 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AMENDMENT NO. 839 OF TITLE 20 OF THE MUNICIPAL CODE SO AS TO ALLOW SPECIALTY FOOD SERVICE USES TO HAVE LIMITED ALCOHOLIC BEVERAGE SALES WHEREAS, Chapter 20.72 of Title 20 of the Newport Beach Municipal Code currently prohibits specialty food service uses from serving alcoholic beverages; and WHEREAS, under the proposed findings and conditions, specialty food service uses could provide alcoholic beverage service while maintaining their general character and intensity, and WHEREAS, on February 8, 1996, the Planning Commission of the City of Newport Beach held public hearings regarding Amendment 839; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve Amendment No. 839 to amend Chapter 20.72 of Title 20 of the Newport Beach Municipal Code to read as provided in attached Exhibit "A" BE IT FURTHER RESOLVED, that the Planning Commission finds that the proposed amendment is Categorically Exempt (Class 5) from the provisions of the California Environmental Quality Act. ADOPTED this 8thday of Feb. 1996, by the following vote, to wit: AYES Thomson, Selich, Kranzley,Adams NOES Ridgeway, Pomeroy ABSENT Gifford BY/,,' :., Tod W. Ridgeway „Chairman 1' Michael C. Kranzley, Secretary F:\ WP51 \FLANNING\FAT•A\REPORTSW39.RES Sections: 20.72.010 20.72.015 20.72.018 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. Chapter 20.72 RESTAURANTS Definitions. Specialty Food Service. Accessory Outdoor Dining. 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. Page 190 RESTAURANTS Chapter 20.72 As used in this chapter the following terms shall have the meanings indicated: A. RESTAURANT. ..................... The term "restaurant" shall mean a place of business with the principle purpose to sell or serve food products and 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, and where the area devoted to live entertainment and/or dancing does not exceed twenty percent (20 %) of the "net public area." 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: A specialty food service; EXHIBIT "A" Page 191 RESTAURANTS Chapter 20.72 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. A bar or a theater /nightclub as defined herein. 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: 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 withtp�pi�p thatsells swig a limited variety of food products and/or beverages likely to be quickly consumed, with a gross floor area of 2,000 square feet or less, (including outdoor seating areas), seating and/or stand -up counter space for no more than twenty (20) customers, and which strictly conforms with all of the following: 1. No Alcoholic beverages are served or consumed on the premises t(E; 2. No Live entertainment or dancing is provided. Any IWOOW f Cire use which does not strictly conform to the provisions of this Section shall be considered a restaurant bar; pF'. li na and otherwise subject to the provisions of this Chapter. EXHIBIT "A" Page 192 RESTAURANTS Chapter 20.72 E. BAR The term "bar" shall mean a place of business with the prim-iple JMM purpose to sell or serve alcoholic beverages for consumption on the premises and Wily €tY Ylt��a on, 1 21 l iiovidei ih ira for. swvi ►" e s qig to food serviie.-;houri. may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and/or dancing shall occupy less if? than twenty percent (20 1/4) of the "net public area." F. THEATER/NIGHTCLUB. The term "theater /nightclub" shall mean a place of business with the principle prnxapel purpose to conduct live entertainment and/or dancing or any "ere- � . vni+'y ss n were 1"'i, otertsinmedt or 4tpg area," A theatesTnightc and may include the sale and service of food and/or beverages as an ..............::... ......... accessory use to the primary use of live entertainment and/or dancing. G. 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 We of alcoholic beverages; EXHIBIT "A" Page 193 RESTAURANTS Chapter 20.72 5. A loss of on -site or off -site parking spaces for a period of ninety (90) days or more, which would reduce available parldng 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 parldng spaces; 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; and 8. The addition of three or more pool tables. (#`96 Ord. 94 -55, Dec. 28, 1994; Ord. 94 -52, November 23, 1994; Ord. 94 -17, May 11, 1994; Ord. 92 -6, May 13, 1992; Ord. 89 -35, Dec. 27, 1989; Ord. 85 -17, October 23, 1985; Ord. 1505 § 10, 1973; Ord. 1266 § 2, 1968; prior Ord. 1202 § 3 (part), 1967). 20.72.015 SPECIALTY FOOD SERVICE. Specialty food services may be established in any zoning district designated for such use subject to the following: 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. REQUIRED P 3 A ph use Spec : tequiro s uss �hiC appfoved under the P vlWo. �Ch6ti'20,72 020. AA; uu withoUi alcoltaxic beverag". sit. of to . .:a ! t ood service permit provisions of tlda Wtion. $ 0. FINDINGS In order to approve a specialty food service permit; i ti" A.M. 3the Planning Director; the Planning Commission, or City Council on appeal, 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 EXHIBIT "A" Page 194 RESTAURANTS Chapter 20.72 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. E 1. DEVELOPMENT STANDARDS. Specialty food services shall be operated in conformance with the following standards unless the Planning Director or the Planning Commission or City Council on 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 midnight, daily; 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. Smoke and odor are controlled by kitchen exhaust fans, or other means, to the satisfaction of the Building Director; 5. Grease interceptors are installed on all plumbing fixtures to the extent required by the Building Director and the Public Works Director; 6. 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 9. CONDITIONS. The Planning Director or the Planning Commission or the City Council on appeal, may impose such conditions on the approval of the specialty food service permit as are necessary to achieve the purpose and intent of this Section. In addition, the Planning Director, Planning Commission, and City Council shall retain jurisdiction to impose additional conditions after approval if necessary or appropriate to ensure that operation ofthe specialty food service is consistent with the findings made at the time of approval. E f. APPEAL. EXHIBIT "A" Page 194 -1 RESTAURANTS Chapter 20.72 1. An applicant for a specialty food service permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be Sled within fourteen (14) days after written notice of the decision of the Planning Director. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission may render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event that the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within fourteen (14) days following the date of the decision of the Planning Commission. The City Council may preside over the appeal or appoint a hearing officer to take evidence and submit proposed findings and recommendations to the City Council. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council will be final. 2. City shall mail notice of the approval of any specialty food service permit to all owners of property within 100 feet of the parcel for which the specialty food service permit was issued. Any owner of property to which notice was mailed may appeal the approval of the specialty food service permit by filing a notice of appeal with the Modifications Committee. The notice of appeal shall be filed within 10 days of the date on the notice of approval, the notice of appeal my specify the factual or legal basis for the appeal, and must be accompanied by the fee established by resolution of the City Council. The Modifications Committee shall deny the appeal if there is substantial evidence that the proposed specialty food service complied with the criteria specified in this Section. The decision of the Modifications Committee shall be final. F 0. EXPIRATION. Any specialty food service permit granted in accordance with the terms of this Title shall expire within twenty-four (24) months from the date of approval unless a building permit has been issued and construction has commenced prior to the expiration date. The Planning Director may specify a different expiration date at the time of approval. 66. VIOLATION OF TERMS. Any specialty food service permit granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit are violated, or if any law or ordinance is violated in connection therewith. H t REVOCATION. The Planning Director may revoke a specialty food service permit for violation of the terms and conditions of such permit after giving written notice to the permittee at least ten days prior to the rendering of such revocation. I. FEES. To partially defray the administrative costs of the City, the specialty food service application shall be accompanied by a fee as established by Resolution of the City Council. Reasonable fees for an appeal to the Planning Commission or City Council shall also be established by resolution of the City Council. 3 N. INTENSIFICATION OR ENLARGEMENT OF EXISTING SPECIALTY FOOD SERVICE ESTABLISHMENTS. A specialty food service establishment which has been approved EXHIBIT "A" Page 194 -2 RESTAURANTS Chapter 20.72 by the Modifications Committee prior to the effective date of Ordinance No. 94 -17 may be intensified, enlarged or otherwise altered in accordance with Section 20.72.0 10 (D), subject to the approval of the Planning Director as specified in Section 20.72.015 (B) (x.96 -_; Ord. 95 -39, Oct. 11, 1995; Ord. 94 -17, May 11, 1994; Ord. 89 -35, Dec. 27, 1989). SECTION 20.72.018 Accessory Outdoor Dining. A. Notwithstanding any other provisions of this Chapter, Chapter 20.07, Chapter 20.08, Chapter 20.80, Chapter 20.83, and Chapter 15.38 of Title 15 of the Newport Beach Municipal Code, the Planning Director may approve an application to add or expand outdoor dining to an existing restaurant or specialty food use provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the restaurant or specialty food use, or 1000 square feet, whichever is less, and is accessory to any indoor dining. An application to add or expand accessory outdoor dining shall be made on forms supplied by the Planning Department. Before approving an application, the Planning Director shall make the following findings: 1. That the proposed outdoor dining is accessory to the primary indoor restaurant or specialty food use. 2. The establishment, maintenance or operation of the accessory outdoor dining 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. That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. B. The Planning Director's approval of an application to add or expand outdoor accessory dining shall be conditioned upon the following: 1. That the outdoor dining shall be subject to all the existing hours of operation, operational characteristics and conditions of any use permit applicable to the restaurant. No amplified music or entertainment is permitted outdoors. 3. All doors and windows leading to the outdoor dining shall remain closed while any approved indoor amplified music is being played. 4. Roof coverings shall not have the effect of creating a permanent enclosure. 5. Fences, walls or similar barriers shall serve only to define the dining area and not constitute a permanent all weather enclosure. EXHIBIT "A" Page 194 -3 RESTAURANTS Chapter 20.72 6. Such additional conditions the Planning Director deems necessary or appropriate to ensure operation of the outdoor dining is consistent with the findings made at the time of approval. C. The decision of the Planning Director to approve or deny an application is final, subject to call up by the Planning Commission or call up by the City Council for referral to the Planning Commission within fourteen (14) days. D. An application to add outdoor dining may be denied or approval of an application may be revoked or modified by the Planning Director upon a finding of the failure to comply with the conditions in this Section and all other applicable conditions and regulations. E. The provisions of the Section shall not apply to drive -in and take -out restaurants. (Ord. 95 -30, September 13, 1995). 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. C. A O t t Batt bc.ie9urrod far aaY d or ounswo t e. premises under t}(e.terme ofi E ). That in order to approve a use permit for the establishment of any bar where alcoholic beverage service is included, or in the consideration of an appeal of the decision of the Chief of Police regarding the public convenience or necessity for retail alcoholic beverage licenses, the Planning Commission or City Council shall make the following findings: 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. In making findings required by this section, the Planning Commission or City Council shall consider the following: a. The use serves public convenience and necessity. b. The crime rate in the area as compared to other areas in the City. EXHIBIT "A" Page 194-4 RESTAURANTS Chapter 20.72 C. The number of alcohol licenses per capita as compared to the county -wide average. C30;4 `.,.,<` Ord. 95 -65, January 10, 1996; Ord. 89 -35, Dec. 27, 1989; Ord. 85 -17, October 23, 1985; Ord. 1505 § 11, 1973; Ord. 1202 § 3(part), 1967). EXHIBIT "A"