HomeMy WebLinkAbout94-17 - Amending Title 20 of the Municipal Code Revising the Specialty Food Service Provisions So as to: Increase the Allowable Gross Floor Area for Such Uses; Remove the Mandatory off-Street Parking Requirement When Such Uses are Located on Property thatORDINANCE NO. 94 -17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MUNICIPAL CODE
REVISING THE SPECIALTY FOOD SERVICE
PROVISIONS SO AS TO: INCREASE THE ALLOWABLE
GROSS FLOOR AREA FOR SUCH USES; REMOVE THE
MANDATORY OFF - STREET PARKING REQUIREMENT WHEN
SUCH USES ARE LOCATED ON PROPERTY THAT IS
• NONCONFORMING RELATIVE TO THE COMMERCIAL
OFF - STREET PARKING REQUIREMENT; INCREASE THE
NUMBER OF ALLOWABLE SEATS; REMOVE THE REQUIREMENT
FOR MODIFICATIONS COMMITTEE APPROVAL OF SPECIALTY
FOOD SERVICES; AND ESTABLISH AN ADMINISTRATIVE
PROCEDURE FOR SPECIALTY FOOD SERVICES.
(PLANNING COMMISSION AMENDMENT NO. 793)
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 provisions
whenever the public necessity and convenience and the public welfare require such
amendment; and
WHEREAS, declining municipal revenues stem largely from declining business
• activity, and as restaurants have been determined to be one of the most solid revenue
generators, the City aims to promote new restaurants within the City by streamlining
development processes and eliminating overly restrictive regulations that may impede
economic growth; and
WHEREAS, it has been determined that specialty food uses function like
retail uses in terms of parking demand and general intensity of use and should be permitted
to locate on commercial property that is nonconforming with regard to off - street parking;
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WHEREAS, the existing language of Title 20 of the Newport Beach Municipal
• Code restricts the establishment of specialty food service uses within such nonconforming
commercial buildings; and
WHEREAS, the proposed regulations relating to allowable gross floor area
more closely relate to the size of a typical retail space and would not inhibit potential
specialty food establishments from utilizing many existing tenant spaces within the City; and
WHEREAS, the proposed regulations relating to an increase in the allowable
numbers of seats within a specialty food establishment will create an incentive for a more
economically viable establishment; and
• WHEREAS, the Modifications Committee has approved numerous
applications for specialty food service establishments wherein the applicant's proposal has
been in conformance with the development standards set forth in Section 20.72.015 (C) of
the Newport Beach Municipal Code, thereby diminishing the necessity for a public hearing
by the Modifications Committee; and
WHEREAS, an administrative permit procedure for specialty food service
establishments is adequate to insure the compliance of such projects with the development
standards set forth in Section 20.72.015 (C) of the Municipal Code; and
WHEREAS, the Planning Commission has determined that the subject
isamendment is exempt from the requirements of the California Environmental Quality Act
under Class 5 (Minor Alterations in Land Use Limitations); and
WHEREAS, on March 10, 1994, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 793, and at that time voted
to recommend that the City Council approve the amendment; and
WHEREAS, on April 11 , 1994, the City Council of the City of Newport
Beach held a duly noticed public hearing regarding this ordinance;
NOW THEREFORE, the City Council of the City of Newport Beach does hereby
• ordain as follows:
SECTION 1. Section 20.72.010 of the Newport Beach Municipal Code is hereby
amended to read as follows:
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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 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;
2. 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.
SECTION 2. Section 20.72.015 of the Newport Beach Municipal Code is hereby
• amended to read as follows:
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
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imposed or the use prohibited.
B. FINDINGS. In order to approve a specialty food service permit, the Planning
Director, the Planning Commission or the City Council on appeal shall make the following
findings:
• 1. The proposed use is consistent with the purpose and intent of this
Section.
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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.
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.
C. 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
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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. CONDITIONS. The Planning Director, or the Planning Commission or 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 of
the specialty food service is consistent with the findings made at the time of approval.
E. APPEAL. An applicant for a specialty food service permit may appeal a decision
of the Planning Director to the Planning Commission. The appeal must be filed 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 the that
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
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fourteen (14) days following notice of the action of the Planning Commission. The hearing
before the City Council may appoint a hearing officer to take evidence and make findings
and recommendations if the Planning Commission presided over the hearing. 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.
• F. 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.
G. 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. 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.
J. INTENSIFICATION OR ENLARGEMENT OF EXISTING SPECIALTY FOOD
SERVICE ESTABLISHMENTS. A specialty food service establishment which has been
• approved 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 20.72.010 (D),
subject to the approval of the Planning Director as specified in Section 20.72.015 (D).
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SECTION 3. Section 20.72.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.72.030 APPLICATION CONTENTS.
• An application for a Use Permit, an amendment to a Use Permit, or an application
for a specialty food service permit shall be on a form supplied by the Planning Department
and, when appropriate, shall be accompanied by the following information, maps, and plans:
(a) A statement specifying the nature of the restaurant, 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
restaurant or specialty food service.
(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.
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(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.
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SECTION 4. Section 20.81.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.81.020 POWER AND DUTIES. Whenever a strict interpretation of
the provisions of Title 20 of this Code, or its application to any specific case or situation
• would preclude a reasonable use of property not otherwise permissible under existing
regulations, the Modifications Committee may grant approval of such modifications relating
to: required building setbacks in front, side or rear yards; heights of walls, hedges or fences;
distances between buildings; area, number and height of signs not requiring an Exception
Permit; structural appurtenances or projections which encroach into front, side or rear yards;
location of accessory buildings on a building site; the construction or installation of
chimneys, vents, rooftop architectural features and solar equipment in excess of permitted
height limits; size or location of parking spaces or access to parking spaces; swimming pool
and swimming pool equipment encroachments; roof parking of automobiles; minor modifica-
tions and improvements to nonconforming buildings; lot line adjustments; and such items
as may be subsequently set forth by the Planning Commission resolution, subject to a
• confirming resolution by the City Council. The Modifications Committee shall also pass
upon all requests to extend existing use permits which have been approved by the Planning
Commission and exercised by the applicant.
SECTION 5. The Mayor shall sign and the City Council 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 6. This Ordinance was introduced at a regular meeting of the City Council
of the City of Newport Beach held on the 28th day of .March . 1994, and was adopted on
the 11th day of April . 1994, by the following vote, to wit:
• AYES, COUNCIL MEMBERS HEDGES.
SANSONE, TURNER, HART, COX, DERAY
NOES, COUNCIL MEMBERS WATT
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WOO 110 1
MAYOR
ATTEST:
0 A6&• CITY CLERK
DANA -A \AMEND \AM.ORD
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