HomeMy WebLinkAboutBAYFRONT RESTAURANTS REGULATIONSCity of Newport Beach
City Council Minutes
March 9, 1998
'Assistant City Manager Wood stated that the committee may not continue to
meet the first Monday of the month, but may try to better coordinate with
the timing of the City Council and Planning Commission meetings.
22. APPOINTMENTS�'BY THE CITY COUNCIL TO THE AVIATION
COMMITTEE (appoir;Ced, by Council upon recommendation of each
Council Member).
Each of the council members stated thai`they will contact the City Cleric
with their appointments.
Council Member Glover announced that the next meetingwf the Aviation
Committee is scheduled for April 6, 1998, with Supervisor Tom�Wil own as the
scheduled speaker.
CURRENT BUSINESS
23. BAYPRONT RESTAURANT REGULATIONS (Request of Council
Member Hedges).
Council Member Hedges stated that the staff report was fairly thorough and
a good beginning to the project.
Motion by Council Member Glover to refer the issue to the Environmental
Quality Affairs Citizens Advisory Committee (EQAC) and the Economic
Development Committee (EDC), with direction to look at the possibility of
use permit conditions of approval that may be recommended for a majority of
restaurants on the bayfront; and that staff be directed to retain a consultant
to take noise measurements from existing bayfront restaurants and advise
EQAC and EDC on techniques to control noise.
Tom.Hyans, member of EQAC, agreed that this issue is a good opportunity
for EQAC and EDC to establish a working relationship.
Mayor Pro Tem O'Neil confirmed with City Attorney Burnham that the
pending restaurant applications before the Planning Commission would
continue to be processed.
Council Member Noyes stated that he does not want Corona del Mar and the
Balboa Island restaurants included in the motion. Council Member Glover
confirmed that they were not.
Without objection, the motion carried by acclamation.
24 -BOA PENINSULA REVITALIZATION PROGRAM STATUS
REPORT. ----- __
Council Member Hedges, chairman of Prompte Revitalization of Our
Peninsula (PROP), stated that the meetings of the committee, have been very
productive, and some of the topics that have been discussed include -the
INDEX
No report
BayfLont Restaurant Reg
(68)
Balboa Peninsula Revital
PROP
(24/68)
Volume 51- Page 656
City of Newport Beach
City Council Minutes
March 9, 1998
Balboa Theatre, signage, adult business regulation, relocation of the Balboa
Fire Station and the Balboa Branch Library, commercial property rezoning,
design review, and tenant recruitment.
Council Member Hedges recommended that a feasibility study be done by
staff to look at the possibility and options of relocating the Balboa Fire
Station and the Balboa Branch Library.
Motiortby Council Member Noyes to direct staff to conduct a feasibility study
regarding the relocation of the Balboa Fire Station and the Balboa Branch
Library. `'�
City Manager"*urphy stated that staff is in the process of looking at the GIS
system and wligt the implications would be in moving the Balboa Fire
Station. a
Council Member Debby stated that she is encouraged by the participation of
the local area residekp and businesses. She announced that the nest
meeting of PROP would take place on Monday, April 13, 1998, at noon at
Newport Landing.
Tom Hyans suggested that the phone company building be looked at as a
possible site for the relocations, being discussed. Assistant City Manager
Wood noted the suggestion, t
Council Member Glover asked about the cost of doing an in-house feasibility
study. City Manager Murphy responded that the cost would be in pulling
staff from other projects they would be working on. He stated that the Fire
& Marine and GIS staff have already, begun looking at the possible
relocation of the Balboa Fire Station, the implications and response time.
City Manager Murphy stated that the next step might involve individuals in
the community to look at the value of propertih, the acquisition of new sites
and the sale of the existing sites.
Virginia Herberts, member of EQAC, stated that she is concerned about the
cost of moving the fire station and the library sucha short distance and
about the $50,000 that was recently spent on the children's section of the
Balboa Branch Library. \
Council Member Hedges directed staff to include in the study the cost of
maintaining the current fire station.
Louise Fundenberg, 808 West Balboa Blvd., stated that the City'.Council at
its meeting of April 28, 1997, voted to eliminate the consideration of forming
a redevelopment agency as part of its direction for BPPAC. She stated her
opposition to the forming of a redevelopment agency on Balboa Peninsula, or
any part of Newport Beach.
Will Longyear, 215 Via San Remo, stated that he has not been receiving
notification of the meetings involving the changes to the peninsula. He
stated that he is concerned about the amount of money being spent on
Volume 51-Page 657
E
CITY OF NEw,,,*T BEACH
Hearin te:
March 9, 1998
p4p�
COMMUNITY AND ECONOMIC DEVELOPMENT
Agenda Item No.:
yam.
6
PLANNING DEPARTMENT
Staff Person:
Patricia L. Temple
33 o NEWPORT BOULEVARD
644-3200
NEWPORT BEACH; CA 92656
(74) 644.3200, FAX (7 4) 644-3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Bayfront Restaurant Regulations
PURPOSE: Review of options for additional regulation of restaurants in bayfront
commercial districts. Included is a discussion of the establishment of a
committee to review operational characteristics and design criteria related to
bayfront restaurants, and a discussion of options for the allocation of
additional resources for code enforcement activities for restaurants in the
evening and on weekends.
ACTION: Direct staff to prepare a draft Resolution for the consideration of the City
Council to establish a Committee to review and make recommendations on
restaurant operational characteristics and design criteria, and to retain a
consultant to assist with noise issues.
Background
In response to a request of Councilmember John Hedges, and as directed in the action taken by the
City Council on the Windows on the Bay Use Permit, staff has prepared this report to outline
potential options to add regulations in the Newport Beach Municipal Code to address operational
characteristics and design criteria for restaurants located in bayfront commercial areas.
Discussion
Regulations for eating and drinking establishments are contained in Chapter 20.82 of the Municipal
Code (attached). This chapter establishes physical development standards (such as parking,
landscaping and fencing), but does not include any operational standards for restaurants generally.
It relies on the Use Permit process to establish appropriate operational limitations. Only the specific
provisions for Limited Take Out Service and Accessory Outdoor Dining have operational standards
(such as hours of operation; alcoholic beverage service, live entertainment and dancing).
Because the City relies on the Use Permit process to establish the specific operational
characteristics for each restaurant on a case -by -case basis, each business is subject to individual
consideration of conditions of approval. This process creates an inconsistent application of
11
0
requirements from business to business. It would be more equitable and would simplify the process
of approval to incorporate operational limitations and design criteria into the Municipal Code.
Without conducting an exhaustive analysis of the implications of each, staff has developed the
following list of items which could be considered for incorporationinto the Municipal Code.
For the internal operations of restaurants:
• Hours of operation
• Cessation of meal service
• Alcoholic beverage service
• Live entertainment
• Dancing
• Use of sound amplification (both pre-recorded and live)
For outdoor dining areas:
• Hours of operation
• Ancillary alcohol service facilities
• Live entertainment
• Dancing
• Use of amplified sound
• Amount of outdoor dining area
• Outdoor games (such as video tables, arcade games, etc.)
• Outdoor paging systems
• Special events
For all bars and nightclubs:
• Security plan approved by Police Department
• Hours of operation
• Outdoor activities
• Live entertainment
• Amplified sound
• Dancing
• 'Special events
Restaurant design criteria:
• Non-openable windows if live entertainment or amplified sound is permitted
• Interior sound absorbing materials usage
• Location of entertainment and dancing
• Sound control features for outdoor dining
• Design and location of trash enclosures
Eayfiont Restaurant Regulations
Page 2
Review Process
As part of the motion on the Windows on the Bay Use Permit, Councilmember Glover included a
suggestion that the City Council consider the establishment of a committee, including Council
members, residents and business owners, to assess noise issues generated by bayfront business.
Staff is of the opinion that this Committee, if established by the Council, could be used to evaluate
the restaurant operational and design criteria listed above, since they are largely related to the noise
and compatibility issues raised by restaurants. This committee could include geographic
representation from the potentially affected restaurant areas on the Balboa Peninsula and Mariners'
Mile, as well as potentially affected residential areas in and around Lower Newport Bay. Staff
would suggest that this committee be composed of two City Council members, two Planning
Commissioners, and one restaurant representative and one resident representative from each of the
following areas: Mariners' Mile, Lido Village/Cannery, Linda Isle, and the Balboa Peninsula. If so
directed by the City Council, staff will prepare the appropriate Resolution, for City Council
consideration, to establish Committee.
As part of this review process, it is suggested that a noise consultant be retained by the City to assist
the committee in its deliberations. The consultant would be asked to take noise measurements near
bayfront restaurants and in affected residential areas, as well as advise the committee on design
techniques which can be used to assure that restaurant related noise is retained on the restaurant
site. Depending on the number of sound measurements required, staff estimates that this work can
be done for approximately$5,000.
Code Enforcement Resources
The Planning Department currently has one full time Code Enforcement Supervisor and one half
time Code Enforcement Officer who staff the City's code enforcement function. This function is in
addition,to the Senior Code Enforcement Officer in the Building Departmentwhich performs 100%
of the RBR inspection activity. The half time Code Enforcement Officer is funded with CDBG
funds, and is limited to enforcement activities on the Balboa Peninsula.
Prior to the staff reductions which resulted from budgetary constraints, the Planning Department
had 4 code enforcement personnel. One of these positions was dedicated to Use Permit compliance
activities. This position was eliminated in FY 93-94. Use Permit compliance has been done on a
complaint basis since that time.
Use Permit condition enforcement is a complex activity which requires the ability to understand the
intent of conditions and, especially in the case of restaurant compliance, requires a high amount of
evening and weekend work. Most code enforcement activity of this nature is done by the Code
Enforcement. Supervisor as overtime hours.
Recognizing the increased interest in restaurant condition compliance, the Planning and Police
Departments have been working together to devise strategies to improve performance in this area.
We have determined that a review of all Use Permits for existing restaurants could be conducted,
Bayfront Restaurant Regulations
Page 3
with the most important operational limitations identified and provided to the Police Department,
particularly those officers who visit restaurants to review compliance with ABC licensing
conditions. This could assist the Planning Department in identifying earlier those business which
are operating outside the limits of their Use Permits. The completion of this task has been delayed,
however, due to the high workload currently being experienced in the Planning Department.
The Planning Department is also currently preparing its budget for FY 98-99. Due the departure of
an Associate Planner, the Department has some options to consider in terms of staffing levels. We
currently plan to fill the vacant counter position at the lower level of Planning Technician. The
salary saving realized from this reduction could be used to make the part time Code Enforcement
Officer a full time position, and to fund half of that position with General Fund dollars. This would
enable that Code Enforcement Officer to allocate half of his time to non -Peninsula problems.
Should the City Council authorize through the budget review the establishment of this position as
full time, the additional hours could be targeted to Use Permit condition compliance. Additionally,
the work schedule could be designed to allow for the necessary number of night and weekend
hours.
Potential for Broader Application of New Code Requirements
As staff prepared this report, we discussed the fact that many of the issues which have been raised
related to noise and community compatibility by the bayfront Use Permit applications also apply to
restaurant activities in other commercial areas, like Corona del Mar and on Balboa Island, where
there are residential uses in close proximity to restaurants. Therefore, the City Council way wish to
consider expanding the scope of this study to include those commercial areas.
Should the City Council determine to broaden the scope of potential code additions to Corona del
Mar and Balboa Island, staff would also suggest that the composition of the committee discussed
earlier in this report be expanded to include representation from restaurants and residents in those
areas.
Submittedby: .
SHARONZ. WOOD
Assistant City Manager
Attachment
Prepared by:
PATRICIA L. TEMPLE
Planning Director
Bayfront Restaurant Regulations
Page 4
. Page 1
Eating and Drinking
Establishments
Sections:
20.82.010
20.82.020
20.82.030
20.82.040
20.82.050
20.82.060
20.82.070
20.82.080
20.82.010 Purpose
CHAPTER 20.82
EATING AND DRINKING-ESTABLIsHm ENTs
Purpose
Use Permit Required
Application Contents
Design and Development Standards
Accessory Outdoor Dining
Changes in Operational Characteristics
Nonconforming Structures and Uses
Rights of Appeal and Review
Eating and Drinking Establishments range from large destination restaurants to small neighborhood
ice cream stores. Full -service establishments -are likely to generate more traffic, parking demand,
noise and trash than small businesses with limited menus. Conditions and restrictions on the
operation of large establishments may be unnecessary in the case of small, limited item food serving
businesses. However, particular small-scale establishments may, because of location, method of
operation or other factors, be expected to cause, or actually cause, impacts equivalent to a full service
establishment and, in such event, additional controls should be imposed or the use prohibited.
20.82.020 Use Permit Required
A. Unless otherwise prescribed in the individual chapters of this code, Eating and
Drinking Establishments shall require the following permits:
Use Classification Permit Required
Full -Service, High Turnover Use permit
Full -Service, Low Turnover Use permit
Full -Service, Small -Scale Use permit issued by the Planning Director.
Take -Out Service Use permit
Take -Out Service, Limited Use permit issued by the Planning Director.
Accessory Permitted by right.
Bars and Cocktail Lounges Use permit
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Eating and Drinking
Establishments
B. Required Findings for Bars and Cocktail Lounges. In order to approve a use permit
for the establishment of any bar or cocktail lounge, the Planning Commission shall
make the following findings:
1. The proposed use is consistent with the purpose and intent of this section.
2. Establishment, maintenance or operation of the use will not, under the
circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the
neighborhood or injurious to property or improvements in the area.
In making findings required by this section, the Planning Commission shall consider
the following:
Whether the use serves public convenience and necessity.
2. The crime rate in the area as compared to other areas in the City.
3. The number of alcohol licenses per capita as compared to the county -wide
average.
C. Required Findings for Take -Out Service, Limited. In addition to the findings
established in Chapter 20.82, the following additional findings shall be made in order
to approve a Take -Out Service, Limited establishment:
That the use will not contribute to a disproportionate number of take-out
establishments in the area nor contribute to a land use mix that is inconsistent
with the specific purposes of the zoning district in which it is proposed.
2. That the site and structure are of sufficient size and design to accommodate
the use and will not cause customer service queues, storage areas, or waste
to encroach onto adjacent properties or public rights -of -way.
3. That a condition of approval of the use permit includes a practical program for
controlling litter, spills, and stains resulting from the use on the site and
adjacent areas.
20.82.030 Application Contents
In addition to the application requirements of Chapter 20.82, an application for a use permit or an
amendment to a use permit, the following materials shall be required, provided that the Planning
Director may waive submission of items deemed unnecessary:
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Eating anddDrinking
kinging
Establishments
A. A statement specifying the nature of the establishment, the proposed hours of
operation, whether the applicant intends to provide live entertainment and/or dancing,
and other pertinent information regarding the operational characteristics of the
proposed Eating and Drinking Establishment.
B. A plot plan of the property drawn to scale showing the location of all buildings,
storage facilities, planting areas, signs, outside eating areas, walls, parking areas, and
curb cuts.
C. A floor plan of any building delineating all interior floor space and indicating its
proposed use.
D. A parking layout and traffic plan showing all parking spaces, aisles, access points and
directional signs and markings.
E. A grading plan indicating how the property is to be graded and drained.
F. Elevations including all building and sign faces and materials.
G. Such other plans, drawings and information as the Planning Director may reasonably
require.
20.82.040 Design and Development Standards
A. Full ServiceKi fh Turnover Full -Service Low Turnover.• Full -Service, Small -Scale,
Take -Out Service Establishments and Bars and Cocktail Lounges.
Site. The site shall be of sufficient size and configuration to satisfy all
requirements for off-street parking, setbacks, curb cuts, walls, landscaping and
refuse storage as provided in this chapter.
2. Setbacks. The Planning Commission or the Planning Director may establish
setbacks more restrictive than those required by the regulations for the zoning
district in which the proposed use would be located if it determines they are
necessary or desirable for the protection of the public health, safety and
welfare or to insure compatibility with uses on contiguous properties.
3. Off -Street Parkin . Off-street parking shall be as specified in Chapter 20.66:
Off -Street Parking and Loading.
4. Circulation. Parking areas and driveways shall be arranged so that a free flow
of vehicular traffic and adequate site clearances are permitted at all times. If
the Traffic Engineer determines that there is a need to accommodate vehicles
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• • Page20.82-4
Eating and Drinking
Establishments
waiting for service, a reservoir parking area for standing vehicles shall be
provided in additional to the other required parking and driveways area,
5. Walls. A solid masonry wall 6 feet inleight shall be erected on.all interior lot
lines, said wall to be reduced to 3 feet in height within any required front yard
setback area or within 15 feet of the corner of any intersecting street or alley
right-of-way. Walls 3 feet in height shall be erected between on -site parking
areas and public rights -of -way.
6. Landscaping. Not less than 10 percent of the total site area shall be devoted
to landscaped planting area, including:
a. A planting area with a width of 3 or more feet between street side
property lines and walls screening parking facilities.
b. A planting area with a width of 3 or more feet adjacent to interior
property lines.
C. All such planting areas shall be separated from vehicular or pedestrian
paved areas by 6-inch-high concrete curbing. The bumper stops shall
be installed and located in such a manner as to preclude parked
vehicles from overhanging such planting areas. All planting areas shall
be provided with a permanent sprinkler irrigation system and hose bibs
for supplemental watering.
Li htin . All parking areas shall be illuminated by lighting with minimum
intensity in any location of 2 foot-candles and an average intensity of 5 foot-
candles. The lighting system shall be designed to minimize the reflection of
light to streets and properties adjoining the site. No lighting standard shall
exceed a height of 10 feet from the finished grade of the site.
8. 'Utilities. All utility services on the site shall be installed underground.
9. Sup in SS� torque. All facilities for storage of supplies shall be located within
a building.
10. Refuse Storage. Any refuse storage area located outside of a completely
enclosed building shall be surrounded by a solid masonry wall 6 feet in height
with self-locking gates.
B. Take -Out Service. Limited. Take -Out Service, Limited establishments shall be
operated in conformance with the following standards:
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• • Page 20.82-5
Eating and Drinking
Establishments
1. Hours of Operation. Opens for business no earlier than 7:00 a.m. and closes
no later than 12:00 a.m., daily, provided, however, this provision shall not
apply if the business, measured from the property lines, is, in all directions,
more than 250 feet from the boundaries of any residential district or any mixed
commercial/residential district;
2. No alcoholic beverages shall be served or consumed on the premises;
No live entertainment or dancing shall be provided;
4. The facility contains receptacles sufficient in size to accommodate all trash
deposited by customers;
5. Trash generated by the business is stored ou-site in an area screened from
view except when placed for pick-up;
6. Smoke and odor are controlled by kitchen exhaust fans, or other means, to the
satisfaction of the Building Director;
7. A wash -out area for refuse containers and kitchen equipment is provided and
the area drains directly into the sewer system unless the Building Director and
Public Works Director approve alternative drainage;
8. Off -Street Parking. Off-street parking shall be as specified in Chapter 20.66:
Off -Street Parking and Loading.
C. Additional Requirements. The Planning Director or the Planning Commission, as the case
may be, shall have the right to add additional conditions of approval in order to insure
compatibility of the development with the surrounding area and the goals and objectives of '
the General Plan of the City. In addition, the Planning Director or the Planning Commission,
as the case may be, shall retain jurisdiction to impose additional conditions after. approval if
necessary or appropriate to ensure that operation of the establishment is consistent with the
findings made at the time of approval.
D. Modification or Waiver of Regulations. tions. The Planning Director or the Planning Commission,
as the case may be, may modify or waive any of the design and development standards
contained in this chapter if strict compliance with the standards is not necessary to achieve
the purpose and intent of the standard.
20.82.050 Accessory Outdoor Dining
A. General Provisions. Notwithstanding any other provisions of this chapter, Chapter
20.62, Chapter 20.63, Chapter 20.64, Chapter 20.91, and Chapter 15.38 of the
C..
Bayrront Restaurant Regulations
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• • Page 20.82.E
Eating and Drinking
Establishmcnts
Municipal Code, the Planning Director may approve an application to add or expand t
outdoor dining to an existing Eating and Drinking Establishment provided the area
devoted to outdoor dining does not exceed 25 percent of the existing interior net
public area of the establishment, or 1000 square feet, whichever is less, and is
accessory to any indoor dining.
B. Required Findinsts. Before approving an application, the Planning Director shall make
the following findings:
1. That the proposed outdoor dining is accessory to the Eating and Drinking
Establishment.
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.
C. Required Conditions. The Planning Director's approval of an application to add or
expand outdoor accessory dining shall be conditioned upon the following:
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
establishment.
2. 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.
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.
aayfront Restaurant Regulations
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0.82-7
• • Page ra
Eating and Drinking
ng
Establishments
D. Required Notice.
At least 10 days prior to the administrative decision, notice shall be mailed to
the applicant and all owners of property within 300 feet of the boundaries of
the site, as shown on the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the City the names and
addresses of owners as required by this section.
Exception Notice is not required for applications on properties which
are not located within 300 feet of a residential district.
2. Contents ofNotice. The notice of the decision of the Planning Director shall
contain:
a. A description of the location of the project site and the purpose of the
application;
b. A statement of the purpose of the administrative decision;
C. A reference to application materials on file for detailed information;
Cd. A statement rights of appeal.
C
E. Calls for Review. The decision of the Planning Director to approve or deny an
application is final, subject to the call up for review -by the Planning Commission or
call up for review by the City Council for referral to the Planning Commission within
14 days.
F. Revocation. 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.
G. Encroachments Permits. In the event that the proposed outdoor dining area is located
on a public sidewalk, the application shall not become effective until the applicant has
obtained a valid Sidewalk Cafe License Encroachment Permit pursuant to Chapter
13.18 of the Municipal Code.
,aayfront Restaurant Regulations
Page 11
•
• Page20.82-8
Eating and Drinking
Establishments
20.82.060 Changes in Operational Characteristics
A. Major Changes A use permit or an amendment to a use permit shall be required for
any major change in the. operational characteristics of any Eating and Drinking
Establishment requiring a use permit under the provisions of Section 20.82.020. For
purposes of this chapter, a major change in operational characteristics shall include,
without limitation, any of the following:
1. Any increase in the hours of operation;
2. The introduction of live entertainment consisting of 3 or more individuals or
live entertainment performing with amplified sound or dancing, or a significant
change in the character of the live entertainment;
a..
The introduction of the sale of alcoholic beverages;
4. An increase in the gross floor area, net public area or in the size of the area
principally devoted to the sale of alcoholic beverages in excess of 250 square
feet;
5. The increase in the number of seats of a bar or cocktail lounge by more than
15% (for purposes of this section, each 18 linear inches of a bar, counter, or ( .
similar serving area, shall be considered to constitute a seat);
6. A loss of on -site or off -site parking spaces for a period of 90 days or more,
which would reduce available parking below the number than required by the
provisions of this code or the use permit applicable to the establishment;
7. The introduction of valet, tandem, or compact parking spaces;
8. The addition of 3 or more pool tables.
9. Any change that would affect a condition of approval.
B. Mnor Chances. The Planning Director may approve minor changes in the operational
characteristics of any Eating and Drinking Establishment provided the use permit for
the establishment has -not been approved or amended within the past 90 days. For
purposes of this chapter, a minor change in operational characteristics shall be any
change which does not constitute, either individually or cumulatively, a major change
in operational characteristics as defined in Section 20.82.060 (A), and shall include,
without limitation, any of the following:
Bayfront Restaurant Regulations
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0.82-9
• • Page ri
Eating and Drinking
Establishtnents
;j
The introduction of live entertainment consisting of no more than 2
individuals, provided the live entertainment is performed without amplified
sound;
2. An increase in the gross floor area or net public area of up to 250 square feet;
3. A loss of on -site or off -site parking spaces for a period of less than 90 days
which would reduce available parking below the number than required by the
provisions of this code or the use permit applicable to the establishment;
4. The addition of up to 2 pool tables.
5. The increase in the number of seats of a bar or cocktail lounge by not more
than 15% (for purposes of this section, each 18 linear inches of a bar, counter,
or similar serving area, shall be considered to constitute a seat).
C. Other Required Permits. The applicant shall obtain all required City permits prior to
implementing any approved major or minor change in operational characteristics
involving entertainment, dancing, pool tables.. or amusement devices (Section
20.60.085: Uses Requiring City Manager).
20.82.070 Nonconforming Structures and Uses
A. Except as provided in Section 20.82.060, the provisions of Chapter 20.62 shall be
applicable to all Eating and Drinking Establishments. In the event of any conflict
between the provisions of this chapter and the provisions of Chapter 20.62, the
provisions of this chapter shall control.
B. Maintenance, repairs, and structural alterations can be made as provided in Chapter
20.62.
20.82.080 Rights of Appeal and Review
A. Appeals. Decisions of the Planning Director may be appealed by any interestedparty
to the Planning Commission. Decisions of the Planning Commission may be appealed
by any interested party to the City Council.
B. Calls for Review. The Planning Commission may review any decision of the Planning
Director. The City Council may review any decision of the Planning Commission.
C. Procedures. Procedures for appeals and calls for review shall be as prescribed by
Chapter 20.95: Appeals and Calls For Review.
Bayfront Restaurant Regulations
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