HomeMy WebLinkAbout93-04 Regulation of Establishments where Food or Beverages are ServedORDINANCE NO. 93-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CERTAIN SECTIONS
OF TITLE 13, AND ADDING ARTICLE 16.5 TO TITLE 13 OF
THE COSTA MESA MUNICIPAL CODE RELATING TO THE
REGULATION OF ESTABLISHMENTS WHERE FOOD OR
BEVERAGES ARE SERVED.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The City Council of Costa Mesa finds and declares as
follows:
WHEREAS, the California Government Code Section 65850 enables
the City of Costa Mesa to regulate the use of property within the
City; and
WHEREAS, establishments where food or beverages are served
merit special consideration by the City of Costa Mesa with respect
to potential negative impacts to surrounding land uses as a result
of inadequate on-site parking, poor site design and/or
inappropriate hours of operations; and
WHEREAS, the project has been reviewed according to CEQA and
has been found to be exempt under section 15061(b)(3) of the CEQA
guidelines;
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as hereinafter set
forth:
SECTION 2: Section 13-40 of the Costa Mesa Municipal Code is
hereby amended to.read as follows:
"Establishments where food or beverages are served. Any
commercial use that sells prepared food and/or beverages for
consumption on-site or off-site, either solely or in
conjunction with an ancillary or complementary use. Excluded
from this definition are grocery stores, convenience stores,
movie theaters, and other such uses, as determined by the
director of development services where the sale of food or
beverages is clearly incidental to the primary use. However,
all establishments selling alcoholic beverages for consumption
on-site shall be included within this definition."
SECTION 3: Subsection 5 of Section 13-197 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
115. Establishments where food or beverages are served (not
within two hundred (200) feet of a residential zone)
pursuant to Article 16.5 of this Chapter;"
SECTION 4: Subsection 3 of Section 13-198 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
3. Establishments where food or beverages are served (within
two hundred (200) feet of a residential zone) pursuant to
Article 16.5 of this Chapter;"
SECTION 5: Subsection 10 of Section 13-208 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
1110. Establishments where food or beverages are served (not
within two hundred (200) feet of a residential zone)
pursuant to Article 16.5 of this Chapter."
SECTION 6: Subsection 10 of Section 13-209 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
1110. Establishments where food or beverages are served (within
two hundred (200) feet of a residential zone) pursuant to
Article 16.5 of this Chapter."
SECTION 7: Subsection 1 of Section 13-228 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
111. Establishments where food or beverages are served
pursuant to Article 16.5 of this Chapter."
SECTION 8: Article 16.5 is hereby added to Chapter II of the
Costa Mesa Municipal Code to read as follows:
"ARTICLE 16.5. REGULATION OF ESTABLISHMENTS WHERE FOOD OR
BEVERAGES ARE SERVED.
Sec. 13-240. Purpose.
The purpose of this article is to regulate and provide
development standards for establishments where food or
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beverages are served. The proximity of residential uses to
these types of establishments is a concern of this article.
Where the distance criterion of 200 feet from residentially -
zoned property is -given in this article, it shall be measured
from the property line of the site to the property line of the
nearest residentially -zoned property.
Sec. 13-2.41. Permitted And Conditionally Permitted Uses.
Establishments where food or beverages are served are subject
to the review and approval procedures shown in Table 1. In
instances where more than .one review procedure is applicable
to an establishment,, the more stringent procedure shall apply.
Sec. 13-2.42. General Development Standards.
Establishments where food or beverages are served are subject
to the following development standards.
1. Outdoor seating areas shall not encroach into required
street setback, parking and circulation, or interior
landscaped areas; except as approved by the Zoning
Administrator through the issuance of a Minor Conditional
Use Permit.
2. All establishments shall comply with the applicable
standards and review procedures indicated in Table 1, as
well as to all other development standards of the
appropriate zoning.district.
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TABLE 1
MINOR CONDITIONAL
CONDITIONAL
LOCATION CHARACTERISTICS
PERMITTED USE'
USE PERMIT i
USE PERMIT'
1. Establishments within a Cl -S, Cl, or C2 zone:
X
EXCEPTIONS:
The following location and/or operational characteristics shall be
subject to additional standards and/or require Zoning Administrator
or Planning Commission review and approval.'
A. Located within 200' of a residential zone.
X - Subject to Section 13-243
B. Sale of alcoholic beverages for on-site consumption after
11:00 p.m. and/or provision of live entertainment or
dancing:
1. Located within 200' of a residential zone.
X
2. Located not within 200' of a residential zone.
X
C. Drive-through operations -
X - Subject to Section 13-244
D. Establishments providing onsite seating for 12 or fewer
X
persons located in a multi -tenant center with 30% or more
similar establishments.
2. Establishments within a CL zone.
X
EXCEPTIONS:
The following location and/or operational characteristics shall be
subject to additional standards and/or require Planning Commission
review and approval
A. Located within 200' of a residential zone.
X - Subject to Section 13-243
1. Sale of alcoholic beverages for on-site consumption
X
after 11:00 p.m. and/or provision of live entertainment
or dancing.
B. Drive-through operations.
X - Subject to Section 13-244
C. Establishments providing onsite seating for 12 or fewer
X
persons located in a multi -tenant center with 30% or more
similar establishments.
X = Applicable
1 Requires Planning Division review and approval
2 Requires Zoning Administrator review and approval
3 Requires Planning Commission review and approval
4 If two or more locational and/or operational characteristics are applicable to an establishment, the most stringent review procedure indicated in this table shall be applied.
MINOR CONDITIONAL
CONDITIONAL
LOCATION CHARACTERISTICS
PERMITTED USE'
USE PERMIT 2
USE PERMIT 3
3. Establishments within an MP or MG zone (with onsite seating for
X
12 or fewer persons).
EXCEPTIONS:
The following location and/or operational characteristics shall be
subject to additional standards and/or require Zoning Administrator
or Planning Commission review and approval."
A. Located within 200' of a residential zone.
X - Subject to Section 13-243
B. On-site seating for more than 12 persons.
X
C. Sale of alcoholic beverages for on-site consumption after
11:00 p.m. and/or provision of live entertainment or
dancing:
1. Located within 200' of a residential zone.
X
2. Located not within 200' of a residential zone.
X
D. Drive-through operations
X - Subject to Section 13-244
E. Establishments providing onsite seating for 12 or fewer
X
persons located in a multi -tenant center with 30% or more
similar establishments.
4. Establishments within a PD or TC zone.
X - Pursuant to an approved
Final Development Plan, or
EXCEPTIONS:
not within 200' of a residential
zone.
The following location and/or operational characteristics shall be
subject to additional standards and/or review and approval by the
Zoning Administrator or the Planning Commission if not specifically
addressed in the Final Development Plan
A. Establishments within 200' of a residential zone.
X - Subject to Section 13-243.
B. Sale of alcoholic beverages for on-site consumption after
11:00 p.m. and/or provision of live entertainment or
dancing:
1. Located within 200' of a residential zone.
X
2. Located not within 200' of a residential zone.
X
C. Drive-through operations.
X - Subject to Section 13-244.
D. Establishments providing onsite seating for 12 or fewer
X
persons located in a multi -tenant center with 30% or more
similar establishments.
X = Applicable
1 Requires Planning Division review and approval
2 Requires Zoning Administrator review and approval
3 Requires Planning Commission review and approval
4 If two or more locational and/or operational characteristics are applicable to an establishment, the most stringent review procedure indicated in this table shall be applied.
Sec. 13-243. Development Standards For Establishments Where Food Or
Beverages Are Served Within 200 Feet Of Residentially -Zoned
Property.
1. Establishments where food or beverages are served that are within 200
feet of residentially -zoned property shall comply with the development
standards set forth in this section, unless the standards are modified
by the Zoning Administrator, through the issuance of a minor
conditional use permit or by the Planning Commission through the
issuance of a conditional use permit pursuant to this code.
A. Development Standards:
(1) All exterior lighting shall be shielded and/or directed
away from residential areas.
(2) Outdoor public communication systems shall not be audible
in adjacent residential areas.
(3) Trash facilities shall be screened from view and designed
and located appropriately to minimize potential noise and
odor impacts to adjacent residential areas.
(4) Outdoor seating areas shall be oriented away or sufficiently
buffered from adjacent residential areas.
(5) A landscaped planter area, a minimum of five (5) feet in
width, shall be provided as an additional buffer to adjacent
residential areas. The planter area shall contain appropriate
plant materials to provide an immediate and effective screen.
Plant materials shall meet with the approval of the Planning
Division.
(6) All interior property lines abutting residentially -zoned
property shall have a minimum six foot high masonry wall, as
measured from the.highest grade. An eight foot high masonry
wall may be required, based on the establishment's operational
characteristics, in order to provide additional protection to
adjacent residential uses. An administrative adjustment may
be required for walls exceeding six feet in height.
(7) Hours of operation for customer service shall not occur
- anytime between 11:00 p.m. and 6:00 a.m.
(8) Truck deliveries shall not occur before 7:00 a.m. or after'
8:00 p.m.
Sec. 13-244.'. -Development Standards For -Drive -Through Operations
1. Establishments with drive-through operations shall comply with the
development standards set forth in this section, unless the standards
are modified by the Zoning Administrator through the issuance of a
minor conditional use"permit pursuant to this code.
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A. Development Standards:
(1) Drive-through lanes shall not obstruct the circulation routes
necessary for ingress or egress from the property, parking areas
(including back -out of parking spaces), and pedestrian walkways.
(2) Each drive-through lane shall be striped, marked, or otherwise
distinctly delineated, and shall be a minimum of 11 feet wide.
(3) On-site entrances to - drive-through lanes shall be setback a
minimum.of 25 feet from drive approaches from public or private
streets or alleys.
(4) Each drive-through lane shall be a minimum of 160 feet in
length, unless modified by the Zoning Administrator. The length
°of the drive-through lane shall be measured from its entrance
point to the pick-up window.
(5) Vehicle stacking areas"of drive-through lanes shall be a minimum
distance of 10' from outdoor seating and play areas.
(6) Application for a minor conditional use permit shall include an
operation statement indicating the physical improvements and
operational measures proposed 'to minimize idling vehicle
emissions.
(7) Establishments within 200 feet of residentially -zoned property
shall also be subject to the development standards contained in
Section 13-243."
Sec. 13-245.. Applicability
1. The provisions of this article shall apply to all'new establishments
where food or beverages are served which are proposed in the C1 -S, C1,
C2,;CL, MP, MG, PD and TC zoning districts. The provisions of,'this
article shall not apply to existing uses, even when they undergo a
change of ownership, unless one or more of the conditions described
in Subsection 2 are met.
2. The provisions of this article shall apply, as appropriate, to any
—existing use where food or beverages are served under the following
circumstances:
A. A change of operational characteristics that includes one or more
of the following items., Discretionary review by the Zoning
Administrator or Planning Commission -shall be limited to the change
in"operational characteristics or the expansion in the area devoted
to customer service.
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(1) An extension of the .hours of operation for customer service
between 11 p.m. and 6 a.- m., if the establishment is within 200
feet of residentially zoned property.
(2) The introduction of the.sale of -alcoholic beverages for on-site
.consumption between 11 p.m: and -.2 a.m.
(3) The introduction of live entertainment or dancing, or the
cumulative expansion of 100 square feet or more of the area
devoted to dancing during the lifetime of the establishment.
(4) The introduction of drive-through operations or the expansion of
the existing drive-through operations.
(5) Alterations resulting in a cumulative increase of 100 square
feet or more in the floor area devoted to customer service,
e.g., food and/or beverage service or entertainment, during the
lifetime of the establishment.
B. A cumulative expansion of 100 square feet or, more of the gross
floor area during the lifetime of the establishment..
SECTION 9: Paragraph, (c) of Subsection 1 of Section 13-251 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
"(c) As a complementary use in the PDR -MD, PDR -HD and PDR -NCM zones,
-nonresidential uses of a commercial nature may be allowed if the
City Council finds said uses to be compatible with the planned
development residential project, and if the -FAR does not exceed
that established for the Neighborhood Commercial general plan land
use designation and the total project AM and PM peak hour trip
generation does not exceed what would occur if the entire project
site were. developed at its maximum residential potential as allowed
by the general plan land uses designation. If the City Council
approves establishments where food or beverages are served, these
establishments shall. be subject. to the development 'standards and
review procedures contained in Article 16.5 of this Chapter."
SECTION 10: Paragraph (a) of Subsection 2 of Section 13-251 of the Costa Mesa
Municipal Code is hereby amended to read as follows:.
"(a) Retail shops, offices, and service establishments, including,.but
not limited to, hotels, restaurants, theaters, museums, financial
institutions, and health clubs. These uses are intended to serve
adjacent residential areas, as well as the entire community and
region. Establishments where food or beverages are served are
subject to the development standards and review procedures
contained in Article 16.5 of this Chapter."
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SECTION 11: Paragraph. (b) of Subsection 3 of Section 13-251 of the. Costa Mesa
,Municipal Code is hereby amended to read as follows:
"(b) As a complementary use, nonindustrial uses of"a commercial nature
or residential nature (density maximum of 20 dwelling units per
acre) may be allowed if the City.Council finds said uses to be
compatible., with the planned. development industrial project based on
compatible uses listed in the general plan for,the applicable land.
use designation subject to FAR and trip budget limits. If the City
Council approves establishments where food or beverages are served,
these establishments will .be_subject to the development standards
and review procedures contained in Article 16.5 of this Chapter."
SECTION 12: Subsections 5 and 6 of Section 13-274, of the Costa Mesa Municipal
Code is hereby amended to"read as follows:
5.Other uses determined by the Planning ,Commission to be similar 'or
supportive '. in nature. If the Planning Commission approves
establishments` where food" or beverages are served, these
establishments' shall be subject to .the development standards and
review -procedures contained in Article 16.5 of this Chapter.
6. Establishments where food or beverages are served pursuant to Article
16.5.of this Chapter.
SECTION 13: Section '13-350 of the Costa Mesa Municipal Code is hereby amended
to read as follows:
Sec. 13-350. Enforcement Authority.
1. For any. conditional, use permit,., minor" conditional use permit,
administrative adjustment, variance, or development review granted in
accordance with this article,.and notwithstanding any other provision of
-this code to the contrary:
A. The Planning Commission may require the modification or revocation of
the ' conditional use permit, minor conditional use permit,
administrative adjustment, variance, or development review and/or
pursue other legal remedies as.may be deemed appropriate by the city
attorney, if the Planning .Commission finds that the use as operated
or maintained:
(1) Constitutes a public nuisance as defined in Sections 3479. and, 3480
of the -California Civil Code; or
(2) Does not comply with the conditions of approval..
B.' The modification, discontinuance or revocation of any permit, except
development reviews=, by the Planning Commission under this subsection
shall comply with the notice and public hearing requirements set forth
in Section 13-345. The director of development services may require
notice for a development review if deemed appropriate.
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SECTION 14: Paragraphs (k) and (1) of Subsection 1 of Section 13-354(1.) of
the Costa Mesa Municipal Code is hereby amended to read as follows:
"(k) Establishments where food or beverages are served when specified as
a Minor Conditional -Use Permit in Article 16.5 of this Chapter.
(1) Any such action as may be established by resolution of the City
Council."
SECTION 15: Paragraph (72) of Subsection (a) of Section 13-417.1 of the Costa
Mesa Municipal Code is hereby amended to read as follows:
11,(72) Establishments -,where. food or beverages are served and that
provide on-site seating 'for '121 or fewer persons, pursuant to
Article 16.5 of Chapter II of this Title."
SECTION 16: Paragraph (2) of Subsection (c) of Section 13-417.1 of the Costa
Mesa Municipal Code is hereby amended to read as follows:
"(2) Establishments where food or beverages are served and that provide
I n -site seating.for more, than, 12 persons, pursuant to Article 16..5
of ,Chapter II 'of this Title."
SECTION 17: Paragraph (2) of Subsection (c). of Section 13-418.1(c) of the
Costa Mesa Municipal Code is hereby amended to read as follows:
"(2) Establishments where food or beverages are served and that provide
on-site seating for more than twelve (12).persons pursuant to
Article 16.5 of Chapter II of this Title."
SECTION 18: Subsection 1 of Section 13 -523 -of the Costa Mesa Municipal Code
is hereby amended to read as follows: -
1.- Except as otherwise provided in this title,. no existing development
devoted to a use not permitted by this title in the district in which
it is located shall be enlarged, extended, constructed, reconstructed,
moved, or, structurally altered except in changing the use of the
development to a use permitted in the district in which it is located.
Ordinary maintenance shall be permitted.
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SECTION 19: Subsection (6) of Section 13-.552 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
"(6), Establishments where food
10 spaces per 1,000 sq.ft. of gross
or beverages are served
floor area for the .first 3,000
and that provide on-site
sq.ft. and 20 spaces per 1,000
seating for more than 12
sq.ft. for each additional 1,000
persons..
sq.ft. above the first 3,000 sq.ft.
Where the boundaries of an outdoor
seating area can be readily
established, the area of the outdoor
seating area shall be added to the
gross floor area of the building for
purposes of determining the required
parking. Where the boundaries of an
outdoor seating area cannot be
readily established, parking for the
outdoor seating shall be provided at
a ratio of 1 space per table.
When the approval of a minor
conditional use permit or
conditional use permit is required,
the Zoning Administrator or Planning
Commission may require additional
parking spaces at a ratio not to
exceed 30 spaces per 1,000 sq.ft. of
gross floor area of the entire
building. Factors that may warrant
additional parking include, but are
not limited to, the provision of
entertainment and/or dancing, or
substantial ratio of floor area
devoted to bar as compared to
restaurant use. The maximum parking
rate shall be applicable to uses
that have substantially maximized
the -building's occupancy due to
design and provision of concentrated
uses."
SECTION 20: Subsection (d) of Section 13-564 of the Costa Mesa Municipal Code
is hereby amended to read as follows:
!'(d) Establishments where 'f ood or beverages are served and
that provide on-site seating.,for more than twelve (12)
persons shall provide ten (10) spaces per one thousand
(1,000) square feet of gross floor area for the first
three thousand (3,000) square feet and twenty (20) spaces
per one thousand (1,.000)'square feet for each additional
one thousand (1,000) square feet above the first.three
thousand (3,000) square feet.
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When the approval of a minor conditional use permit or
conditional use permit is required, the Zoning Administrator.
or Planning Commission may require additional parking spaces
at -a ratio not to exceed 30 parking spaces per one thousand
(1,000) square feet of gross floor area of the entire
building. Factors that may warrant additional parking
include, but are .not limited to, the provision of
entertainment and/or dancing, or substantial ratio of floor
area devoted to bar as compared to restaurant use. The
maximum parking rate shall be applicable to uses that have
substantially maximized the building's occupancy due to design
and provision of concentrated uses."
SECTION 21.-
This
1.This Ordinance shall take effect and be in full force thirty (30) days from
and after the passage thereof, and prior to the expiration of fifteen (15)
days from its passage shall be published once in the ORANGE COAST DAILY
PILOT, a newspaper of general circulation, printed and published in the City
of Costa Mesa or, in the alternative, the City Clerk may cause to be
published "a summary of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days
after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City Council
voting for and against the same.
KB(PMTORD.KIM)
PASSED AND ADOPTED this /8 day'of , 19A)I.
ATTEST:
C ty Clerk of the City of Ma -for of the City or Costa Mesa
Costa Mesa
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council
of the City of Co to Mesa, hereby certify that the above and foregoing
Ordinance No. 3- was introduced and considered section b section at
a regular meeting of said City Council held on the _ day of
, 19 Y3, and thereafter passed aTXd adopted as a whole at a
r9fgular m ting of said Council held on the -day of ,
by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS: `fir
ABSENT: COUNCIL MEMBERS: Aj-^ --
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of, 19M.
I,-\ _..
_ i y Clerk and ex -officio erk
of the City Council of t e City
of Costa Mesa
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