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Home My WebLink About1505 - Outdoor Restaurants• • ORDINANCE NO. 1505 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.02.265 TO THE NEWPORT BEACH MUNICIPAL CODE AND AMENDING SECTIONS 20.02.235, 20.19.030, 20.20.030, 20.22.030, 20.24.030, 20.26.040, 20.30.040, 20.32.040, 20.53.010 AND 20.53.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO PERMIT OUTDOOR RESTAURANTS IN THE A -P, C -N AND C -0 DISTRICTS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.02.265 is added to the Newport Beach Municipal Code to read: "20.02.265 Restaurant. The term "restaurant" shall mean a place of business which sells or serves food products or 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 25% may be permitted out -of -doors on a patio, deck or terrace that is integrated into the building design." SECTION 2. Section 20.02.235 of the Newport Beach Municipal Code is amended to read: "20.02.235 Outdoor Restaurant. The term "out- door restaurant" shall mean a place of business which sells or serves food products or beverages for consump- tion 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." -1- 0 • • • SECTION 3. Section 20.19.030 of the Newport Beach Municipal Code is amended to read: "20.19.030 Uses Requiring Use Permit. The fol- lowing uses shall be permitted subject to first securing a Use Permit in each case: dance studios, restaurants, outdoor restaurants, retail sales and interior decorating studios." SECTION 4. Section 20.20.030 of the Newport Beach Municipal Code is amended to read: "20.20.030 Uses Requiring Use Permit. The fol- lowing uses shall be permitted subject to the securing of a Use Permit in each case: gasoline service stations, drive -in facilities, outdoor restaurants, non- flashing signs in excess of 35 square feet in area, non - flashing signs not appurtenant to any permitted use." SECTION 5. Section 20.22.030 of the Newport Beach Municipal Code is amended to read: "20.22.030 Uses Requiring Use Permit. The fol- lowing uses shall be permitted subject to the securing of a Use Permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of a sim- ilar nature (b) Gasoline service stations (c) Drive -in facilities (d) Outdoor restaurants (e) Signs, other than those appurtenant to any permitted use." -2- SECTION 6. Section 20.24.030 of the Newport Beach Municipal Code is amended to read: • "20.24.030 Uses Requiring Use Permit. The fol- lowing uses shall be permitted subject to the securing of a Use Permit in each case: (a) Animal hospitals, auto sales and repair shops, boat sales, gasoline service stations, marine service stations, cleaning establishments, laundries, launderettes, mortuaries, outdoor markets, outdoor, drive -in and take -out rest- aurants, drive -in facilities, wholesale stores, outdoor sales establishments, pet shops, public garages, trailer courts, theaters, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar nature. • (b) Handicraft enterprises, including the manufac- turing and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. (c) Hotels, motels, boarding houses and residential uses. (d) Signs, other than those appurtenant to any permitted use, including billboards. SECTION 7. Section 20.26.040 of the Newport Beach Municipal Code is amended to read: "20.26.040 Uses Requiring Use Permit. Uses per- mitted, subject to first securing a Use Permit in each • case: (a) Dry cleaning plants, lumber yards, light manufacturing, including the manufacture and -3- repair of boats, clothing, novelties and tyos, gasoline service stations, drive -in facilities, • restaurants, outdoor, drive-in and take -out restaurants, and uses which in the opinion of the Planning Commission are of a similar nature. (b) Hotels, motels, residential uses, trailer courts, and houseboat.marinas. (c) Signs, other than those appurtenant to any permitted use." SECTION 8. Section 20.30.040 of the Newport Beach Municipal Code is amended to read: "20.30.040 Uses Requiring Use Permit. The fol- lowing uses shall be permitted subject to the securing of a Use Permit in each case: (a) Gasoline service stations, houseboat marinas, • and fish smoking, curing or freezing. (b) Professional offices, restaurants, outdoor, drive -in and take -out restaurants. (c) Commercial uses including but not limited to retail and wholesale stores, cartography, bookbinding, printing, lithography, editorial and designing, laundries, dry cleaning plants, and any other uses which in the opinion of the Planning Commission are of a similar nature, provided, however, that the following excep- tions shall apply to structures and uses which are in existence on the effective date of this section: (1) The lawful use of land or buildings, in . the M -1 District which do not meet the requirements of this subsection may be CM continued or changed to a use which would require the same or less on -site parking • according to the standards established in Chapter 20.36, entitled " -H" District, without compliance with the requirements of this subsection. (2) Any existing structure may be repaired, altered or remodeled, without complying with the requirements of this subsection. (3) Any existing structure or use may be en- larged by not more than 10°% of its orig- inal gross area in any one year period without complying with the requirements of this subsection. (d) Signs, other than those appurtenant to any permitted use, including billboards." • SECTION 9. Section 20.32.040 of the Newport Beach Municipal Code is amended to read: "20.32.040 Uses Requiring Use Permit. The fol- lowing uses shall be permitted, subject to the securing of a Use Permit in each case: furniture manufacturing, assembling and construction of paper products with fin- ished paper stock, garment manufacturing, building and repairing.of boats within a building, laundry and dry cleaning plants, gasoline service stations, drive -in facilities, manufacture of novelties, toys and small appliances, building material yards, contractors yards, restaurants, outdoor, drive -in and take -out restaurants, medical and dental offices and clinics, other uses which • in the opinion of the Planning Commission are comparable and similar in character with the above uses. -5- �4 • r� L_J 1 SECTION 10. Section 20.53.010 of the Newport Beach Municipal Code is amended to read: "20.53.010 Outdoor Restaurant. The term "outdoor restaurant" shall mean a place of business which sels 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 inci- dental basis." SECTION 11. Section 20.53.020 of the Newport Beach Municipal Code is amended to read: "20.53.020 Use Permit Required. Outdoor, drive -in and take -out restaurants may be permitted in the C -1, C -2, M -1, M -1 -A and U Districts, and outdoor restaurants may be permitted in the A -P, C -N and C -O Districts, subject to the requirement of a Use Permit for each development. The procedure governing the issuance of all Use Permits for such developments shall be governed by the provisions of this chapter and Chapter 20.46 entitled "PERMITS "; provided, however, that to the extent that there is any inconsistency or conflict between the provisions of such chapters, the provisions of this chapter shall be controlling." SECTION 12. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. 0 • • This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of June 197 -, and was adopted on the 9th day of July 1973, by the following vote, to wit: ATTEST: City Clerk Z7� CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION JUL I I Sq?i DATE -_---_...---------- Y- ®7AN QERK OF THE CITY OF NE RT BEACH AYES, COUNCILMEN: Ryckoff, Kymla, Rogers, McInnis, Croul and Store NOESO COUNCILMEN: None ABSENT, COUNCILMEN: Dostal Mayor -7- DON:sh 6/19/73