HomeMy WebLinkAbout92-6 - Amending Title 20 of the Newport Beach Municipal Code So as to include the Addition of Three Or More Pool Tables to a Restaurant Use as a Change in Operational Characteristics as Defined in Section 20.72.010 of the Municipal Code (Planning CommissiORDINANCE NO. 92 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO INCLUDE THE ADDITION OF THREE OR MORE
POOL TABLES TO A RESTAURANT USE AS A
CHANGE IN OPERATIONAL CHARACTERISTICS AS DEFINED
• IN SECTION 20.72.010 OF THE MUNICIPAL CODE
(Planning Commission Amendment No. 752)
WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach
provides that Title 20 (the Zoning Code) may be amended by changing its provisions
whenever the public necessity and convenience and the public welfare require such
amendment; and
WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach
provides that an amendment to Title 20 may be initiated by the City Council or the Planning
Commission; and
WHEREAS, the Planning Commission determined at its February 6, 1992 meeting
that the addition of pool tables to an existing restaurant use is a significant change in the
operational characteristics that warrants the Planning Commission's consideration of such
a change; and
WHEREAS, the Planning Commission, at its February 6, 1992 meeting directed the
• staff to initiate amendment procedures so as to consider Amendment No. 752.
WHEREAS, pursuant to Section 20.84.030, the Planning Commission has held a duly
noticed public hearing at its meeting of March 5, 1992, to consider Amendment No. 752 to
Title 20 of the Newport Beach Municipal Code; and
WHEREAS, the Planning Commission of the City of Newport Beach at its meeting
of March 5, 1992 approved Resolution No. 1283, thereby recommending the City Council
of the City of Newport Beach approve Amendment No. 752 to the Newport Beach
Municipal Code; and
WHEREAS, the City Council has determined that Amendment No. 752 is exempt
from the requirements of the California Environmental Quality Act under a Class 5 (Minor
Alterations in Land Use Limitations) exemption; and
WHEREAS, on April 13, 1992 the City Council of the City of Newport Beach held
a public hearing regarding Amendment No. 752.
NOW, THEREFORE the City Council of the City of Newport Beach does hereby
ordain as follows:
•. Section 1. Section 20.72.010 of the Municipal Code is hereby amended to read
as follows:
20.72.010 DEFINITIONS.
As used in this chapter the following terms shall have the meanings indicated:
A. 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 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.
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:
1. A specialty food service;
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.
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 that sells a limited
variety of food products and /or beverages likely to be quickly consumed, with a gross floor
area of 1,200 square feet or less, (including outdoor seating areas), seating and /or stand -up
counter space for no more than twelve (12) customers, and which strictly conforms with all
of the following:
1. Provides off - street parking spaces at a ratio of one (1) space per 250 square
feet of gross floor area. No credit shall be given for existing nonconformities;
2. No alcoholic beverages are served or consumed on the premises;
3. No live entertainment or dancing is provided.
Any use which does not strictly conform to the provisions of this Section shall
be considered a restaurant and otherwise subject to the provisions of this Chapter.
E. 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
sale of alcoholic beverages;
5. A loss of on -site or off -site parking spaces for a period of ninety (90) days
or more, which would reduce available parking 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 parking 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.
Section 2. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of the
• City, and the same shall become effective thirty (30) days after the date of its adoption.
Section 3. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 23rd day of March, 1992, and adopted
on the 13th day of April, 1992, by the following vote, to wit:
ATTEST:
AYES, COUNCIL MEMBERS HEDGES, WATT,
TURNER, SANSONE, HART, COX, PLUWgER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE