HomeMy WebLinkAbout1999-04-21; Planning Commission; ; ZCA 99-01|LCPA 99-01 - INCIDENTAL OUTDOOR DINING AREAS II--L ~be City of CARLSBAD Planning Depart Jt
A REPORT TO THE PLANNING COMMISSION -
P.C. AGENDA OF: April 21, 1999
Item No.(!)
Application complete date: n/a
Project Planner: Elaine Blackbum
Project Engineer: n/a
SUBJECT: ZCA 99-01/LCPA 99-01 -INCIDENTAL OUTDOOR DINING AREAS II -
A Negative Declaration, Zone Code Amendment and a Local Coastal Program
Amendment to modify Chapters 21.04, 21.26, 21.27, 21.28, 21.29, 21.30, 21.32,
and 21.34 of the Municipal Code to allow Incidental Outdoor Dining Areas
associated with restaurants on private property citywide outside of the
Redevelopment Area and outside of the CommercialNisitor-Serving Overlay
Zone.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4482
RECOMMENDING APPROVAL of the Negative Declaration and Planning Commission
Resolutions No. 4483 and 4484 RECOMMENDING APPROVAL of ZCA 99-01 and LCPA
99-01 based upon the findings contained therein.
II. INTRODUCTION
This zone code amendment is being processed pursuant to City Council direction and does
generally three things. First, the amendment defines "Incidental Outdoor Dining Areas"
(1.O.D.A.'s), distinguishing them from outdoor eating areas in general by size and location
limitations. Second, it regulates the location and design of 1.O.D.A. 's, requiring an
administrative permit for such areas. Third, it excludes 1.O.D.A.'s from parking requirement
calculations (with some exceptions). Subsections A through E (below) provide a detailed
discussion of the contents of the proposed ordinance and of the exceptions to and limitations on
the 1.O.D.A. ordinance.
Outdoor dining areas associated with restaurants, deli's, and other eating establishments can be
provided under current regulations. Such areas are treated like indoor seating areas and are
included in calculating the total floor area of the eating establishment, which in turn, is used to
calculate the number of parking spaces required for the business. This proposed amendment
would provide an incentive to businesses to include small outdoor dining areas by excluding·
those areas (up to 400 square feet in size) from the parking requirement calculation.
III. PROJECT DESCRIPTION AND BACKGROUND
As stated above, eating establishments in the City are already allowed to provide outdoor dining
areas ( on their private property). The outdoor dining area, like the indoor dining area, is included
in the calculation of total floor area. The total floor area is the basis for detennining how many
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ZCA 99-01/LCPA 99-01
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TCIDENT AL OUTDOOR DINING I-JAS II
parking spaces are required for a particular business. (See Subsection "E" below for a detailed
discussion of parking requirements for restaurants and other eating establishments.)
In the summer of 1997, the City Council indicated that they wanted to provide an incentive to
encourage eating establishments to provide outdoor seating areas. It was noted that, within the
Redevelopment Area, "sidewalk cafes" are allowed both on private property and within the
public right-of-way and form an attractive addition to the area. Council members recognized
that, outside of the Redevelopment Area, privatization of public right-of-way was problematic
and was not desirable. However, they wanted to provide encouragement for outdoor dining areas
wherever they could be accommodated on private property. In response to this direction staff
prepared a draft ordinance known as the Incidental Outdoor Dining Area (I.O.D.A.) ordinance.
In September 1997 City Council approved the Zone Code Amendment (ZCA 96-10) and Local
Coastal Program Amendment (LCP A 96-10) which created and regulated Incidental Outdoor
Dining Areas. This ordinance allowed eating establishments to provide small outdoor dining
areas which would be exempt from parking requirements (because they were not included in the
business' floor area calculation) by getting an Incidental Outdoor Dining Area Permit. (Note: An
Incidental Outdoor Dining Area Permit was not required for .all.outdoor dining areas. It was only
necessary if the applicant wanted to take advantage of the waiver of parking requirements • available through the permit. If the applicant wanted to provide parking for an outdoor dining
area at Code requirements, he could do so with no special permit required.)
When the LCP A was heard by the California Coastal Commission (in the summer of 1998) the
Coastal Commission approved the proposed amendment with modifications. The effect of the
modifications was to prohibit the possibility of Incidental Outdoor Dining Areas (and thus the
parking waiver) on those Coastal Zone sites which are west of the railway line and also are
under-parked. Thus, those Coastal Zone sites on either side of the railway line which satisfied
Code parking requirements for their indoor dining areas could provide an Incidental Outdoor
Dining Area (with the attendant parking waiver); but those sites which were located west of the
railway line .and are not providing parking at Code requirements for their indoor dining areas will
not be able to get an Incidental Outdoor Dining Area Permit (and the attendant parking waiver).
This exception was the result of the Coastal Commission's concern over the lack of public
parking generally west of the railway line. They did not want to exacerbate any existing under-
parking situations by allowing such businesses to further expand.
In the mean time, the City Council has directed staff to prepare a new ordinance (the
Commercial/Visitor-Serving Overlay Zone) which contains specific regulations for some of the
areas around the LEGOLAND development. This overlay zone creates more stringent parking
requirements in some areas. Therefore, to maintain consistency with those regulations, an IODA
permit would not be available within the CommercialNisitor-Serving Overlay Zone.
Unfortunately, due to the inclusion of a sunset clause in the original ordinance and the fact that
the Coastal Commission did not consider the LCP A until July of 1998, the approved ZCA
automatically repealed in October 1998 before those Coastal Commission modifications could be
adopted by the City Council. Consequently, staff has now prepared a new ZCNLCP A
("Incidental Outdoor Dining Areas II") which is essentially the same as the original ordinance
except that it includes the necessary Coastal Commission modifications, precludes an IODA in
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ZCA 99-01/LCPA 99-01
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TCIDENTAL OUTDOOR DINING J.. JAS II
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the CommercialNisitor-Serving Overlay Zone, and does not include a sunset clause. These
"Incidental Outdoor Dining Area II" regulations will allow small outdoor eating areas associated
with restaurants outside of the Redevelopment Area to be excluded from City requirements for
parking except in those Coastal Zone locations west of the railway which are already under-
parked and except within the CommercialNisitor-Serving Overlay Zone.
The proposed amendment consists of numerous text changes contained in the attached exhibits.
Exhibit "X'' (attached to Planning Commission Resolution No. 4483) is a draft Council
ordinance for the proposed ZCA. Exhibit "Z" contains the same information but in a
redlined/strikeout version for easier reading. The ZCNLCPA will allow Incidental Outdoor
Dining Areas of limited size on private property citywide outside of the Redevelopment Area and
outside of the CommerciaINisitor-Serving Overlay Zone. The proposed amendment
accomplishes several objectives as discussed in detail below.
A. The amendment defines an "Incidental Outdoor Dining Area".
The proposed amendment includes a definition of an "Incidental Outdoor Dining Area" to
be added to the "Definitions" chapter of the Municipal Code. (See Exhibit X, Section 1.)
This definition distinguishes these "Incidental Outdoor Dining Areas" from outdoor
dining areas in general. This distinction is necessary because the size limitation is the
basis for allowing the parking waiver. The proposed definition of an "Incidental Outdoor
Dining Area" was developed based upon Council's direction to staff and the results of the
surveys of related literature and other cities' experiences with outdoor dining areas.
The City's current Municipal Code uses several terms for land uses which primarily
involve food service and which have indoor seating, including "bona fide eating
establishment", "restaurant", and "deli". The definition of an Incidental Outdoor Dining
Area specifically includes each of these types of food service establishment.
The proposed definition establishes a maximum number of seats and tables, and a
maximum floor area for an "Incidental Outdoor Dining Area". This was done in order to
ensure that the Incidental Outdoor Dining Area remains accessory to the associated
indoor restaurant. The proposed limitations are: a maximum of 20 or fewer seats
(depending upon the number of indoor seats), 6 tables, and 400 square feet of floor area.
B. The amendment allows Incidental Outdoor Dining Areas only in the zones in which
restaurants and/or deli's are already allowed (i.e., the C-1, 0, C-2, C-T, C-M, M, and P-M
zones).
Under current regulations, restaurants and/or deli's are allowed in the zones cited above.
The intent of the proposed amendment was to allow Incidental Outdoor Dining Areas as a
part of otherwise allowed restaurants/deli's. Consequently, the proposed amendment
does not change the zones or locations in which restaurants or deli's are allowed. In
some of these zones the restaurants/deli's require a Conditional Use Permit (CUP). The
proposed amendment will allow Incidental Outdoor Dining Areas equaJly whether the
restaurant/deli is allowed by right or by CUP only. In either case, the same
administrative permit will be required. If a CUP is required for the restaurant/deli, the
( -ZCA 99-0 l /LCP A 99-0 I
April 21, 1999
ICIDENTAL OUTDOOR DINING/. !AS II
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Incidental Outdoor Dining Area Pennit (an administrative permit) would be processed
concurrently and would be acted upon by the Planning Director immediately following
action upon the CUP by the Planning Commission.
C. The amendment creates an administrative permit requirement for Incidental Outdoor
Dining Areas. (See Exhibit X, Section IL)
It was the desire of Council to provide an incentive for restaurants to provide small
outdoor dining areas with a minimal amount of cost and time to the applicant wherever
possible. Consequently, staff has developed a recommendation requiring a new
administrative permit (an "Incidental Outdoor Dining Area" Permit) for Incidental
Outdoor Dining Areas.
The administrative permit/procedure proposed is similar to that required for
administrative variances and second dwelling units. It will involve minimal cost to the
applicant ($150.00) and can be processed quickly, while ensuring adequate review of
applications. The procedure requires a 15-day noticing period for neighboring property
owners within 300 feet. (Again, this is similar to the noticing area for administrative
variances and second dwelling units.) The Planning Director's decision on a permit
request could be appealed to the Planning Commission.
D. The proposed amendment provides design and locational criteria for Incidental Outdoor
Dining Areas. (See Exhibit X, Section II.)
The proposed design and locational criteria were developed in order to accomplish
several objectives. First, it protects the public right-of-way. Incidental Outdoor Dining
Areas will be allowed on private property only, not in the public right-of-way. Second, it
was necessary to ensure compliance with all applicable regulations governing alcoholic
beverage service and access for persons with disabilities. The proposed criteria
specifically require that Incidental Outdoor Dining Areas comply with such regulations.
Third, staff wanted to ensure provision of adequate pedestrian and vehicular circulation
and safety for both the incidental dining area and for surrounding uses/areas. In addition,
the proposed incidental dining area should not negatively impact traffic circulation. The
proposed criteria establish these requirements. Each Incidental Outdoor Dining Area
Permit application will be reviewed by Planning and Engineering staff to ensure that
there are no negative impacts to traffic circulation. Staff also wanted to preserve
compliance with current regulations which address aesthetic considerations ( e.g.,
landscaping). The proposed criteria address this issue by prohibiting landscaping changes
without Planning Director approval.
E. The proposed amendment creates an exclusion from parking requirements for Incidental
Outdoor Dining Areas. The only exception is that those sites located within the Coastal
Zone west of the railway line which also do not provide on-site parking at Code-required
amounts will not be able to obtain an IODA Permit.
The proposed amendment excludes Incidental Outdoor Dining Areas from the floor area
calculations used to determine the number of parking spaces required. (See Exhibit X,
. \ I -ZCA 99-01/LCPA 99-01 • ·c1DENTAL OUTDOOR DINING A AS II
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Section II.) Currently, restaurants must provide parking for any indoor and outdoor use
areas at the same ratio. Because Incidental Outdoor Dining Areas are restricted in size
(number of tables and chairs and floor area) and are not usable at all times (e.g., during
inclement weather), it has been determined that there will be no significant impacts from
this exclusion.
The Coastal Commission was concerned about the permitting of additional eating areas
on sites west of the railway line which were also not parked at Code requirements.
Therefore, the Coastal Commission approved modified wording which prohibits
Incidental Outdoor Dining Areas on Coastal Zone sites west of the railway line which
also do not provide on-site parking at Code requirements for their indoor seating areas.
(Coastal sites located west of the railway line and which do provide on-site parking at
Code-required levels can qualify for an Incidental Outdoor Dining Area Permit. Only
those sites west of the railway line which are ,alsQ under-parked could not qualify.) That
wording has been incorporated into the attached draft ordinance.
IV. ANALYSIS
The project is subject to the following regulations and requirements:
A. City of Carlsbad General Plan;
B. Zoning Regulations Chapters 21.04 (Definitions), 21.26 (C-1 Zone), 21.27 (0
Zone), 21.28 (C-2 Zone), 21.29 (C-T Zone), 21.30 (C-M Zone), 21.32 (M Zone),
and 21.34 ((P-M Zone) of the Municipal Code; and
C. Carlsbad Local Coastal Program.
A. General Plan
The proposed zone code amendment is consistent with the applicable goals and policies of the
General Plan. The General Plan Land Use Element (Commercial Land Uses) contains several
goals including "a healthy and diverse economic base" (Goal A. l ), promotion of "economic
development strategies" for commercial and other land use types (Goal A.3), and the promotion
of "tourist oriented land uses" which serve a variety of users. These goals are to be implemented
through a variety of policies and programs including "to establish and maintain commercial
development standards" to address various design concerns and ensure compatibility between the
commercial use and the surrounding land uses (Objective B.3). The proposed zone code
amendment is consistent with these goals, objectives and policies. Restaurants which include
outdoor dining areas represent an amenity (an alternative dining opportunity) which is attractive
to both tourists and residents/employees in the City. The proposed amendment will not change
the uses allowed in any zone. In addition, the amendment includes design and locational
standards, among other requirements, which will ensure compatibility with surrounding uses.
• I I -ZCA 99-01/LCPA 99-01 -CIDENTAL OUTDOOR DINING A ,AS II
April 21, 1999
B. Zoning Regulations
Under current regulations, restaurants and/or delis are allowed by right in the C-1 (Neighborhood
Commercial), C-2 (General Commercial), C-T (Commercial-Tourist), C-M (Heavy Commercial-
Limited Industrial), and M (Industrial) zones and with a CUP in the O (Office) and P-M (Planned
Industrial) zones. The code requirements for restaurant parking are: a) one space per 100 square
feet (for restaurants less than 4,000 square feet in size) and b) 40 spaces plus one space per 50
square feet of floor area in excess of 4,000 (for restaurants of 4,000 square feet or greater).
Restaurants which incorporate outdoor seating areas are allowed provided they satisfy all
applicable requirements, including providing required parking at the appropriate restaurant
parking ratio.
The proposed zone code amendment will not change the zones in which restaurants or delis (with
or without outdoor seating areas) are allowed. It simply allows a limited amount of such outdoor
seating to be provided without having to provide parking for the area except for those areas
within the Coastal Zone west of the railway line which are not parked to Code requirements and
except for those sites within the CommercialNisitor-Serving Overlay. For example, a restaurant
which is designed to provide an indoor seating area and a 600-square foot outdoor dining area
would be required to provide parking for all of the indoor seating area and for 200 square feet of
the outdoor dining area (i.e., the portion of the outdoor dining area which exceeds the 400-square
foot "incidental" definition.)
C. Local Coastal Program
Because the project includes areas within the Coastal Zone and amends the City's Zoning
Ordinance, the project requires a Local Coastal Program Amendment which must be approved by
the Coastal Commission following City Council action. The proposed amendment will be
applicable citywide outside of the Redevelopment Area. Consequently, it will involve the Mello
I, Mello II, Agua Hedionda, East Batiquitos/Hunt, and west Batiquitos/Sammis segments of the
Carlsbad Local Coastal Program. Staff has reviewed the proposed project with regard to the
various Coastal segment programs and has determined that the proposed wording is consistent
with all Coastal segment regulations. The proposed amendment is limited in its nature and will
not change existing regulations prohibiting or restricting development on sensitive slopes, bluff
tops, or agricultural lands. It also will not change any requirements for vista points/view
corridors. Any proposed restaurant development in the Coastal Zone (with or without an
Incidental Outdoor Dining Area) will be subject to essentially the same regulations and
restrictions on development as currently exist except for parking requirements. The proposed
parking exclusion for some Incidental Outdoor Dining Areas will not affect public parking in the
Coastal Zone as the proposed Incidental Outdoor Dining Areas will only be allowed on private
property. In addition, those restaurants located within the Coastal Zone west of the railway line
which are currently under-parked will not be able to obtain an I.O.D.A. permit and the associated
waiver from parking requirements. Therefore, it has been determined that the proposed parking
exclusion is "de minimus" in nature and will have no negative impacts. Therefore, staff believes
the proposed amendment is consistent with all existing Coastal regulations.
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ZCA 99-01/LCPA 99-01 -CIDENTAL OUTDOOR DINING A AS II
April 21, 1999
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V. ENVIRONMENTAL REVIEW
This project was reviewed pursuant to the California Environmental Quality Act (CEQA) and
was found to have no potentially significant effect on the environment. (See discussion in the
EIA Part II, attached.) Therefore, the Planning Director issued a Negative Declaration on
February 5, 1999.
ATTACHMENTS:
1. Planning Commission Resolution No. 4482 (Neg Dec)
2. Planning Commission Resolution No. 4483 (ZCA)
3. Planning Commission Resolution No. 4484 (LCPA)
4. Exhibit "Z", dated March 17, 1999
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Exhibit "Z"
March 17,,. 1999
REDLINE/STRIKEOUT VERSION OF ZCA 99-01 AND LCPA 99-01
SECTION I: That Title 21, Chapter 21. 04 of the Carlsbad Municipal Code is amended
by the addition of Section 21.04.188 to read as follows:
"21.04.188.1 Incidental Outdoor Dinin,:Areas.
Incidental Outdoor Diliing Area" means, everywhere except withill the Redevelopment
Area Local Coastal Program Segment and except within the CommerciaWisitor-Serving
Overlay Zone, a small extension of an indoor restaurant, bona fide eating establishment, or
deli which extends outdoors beyond the walls of the restaurant and which is used exclusively
for eating, drinking, and pedestrian circulation therein. Incidental Outdoor Dining Areas
shall be utilized only as extensions of restaurants providing indoor seating and which are
properly licensed for such service. On properties located west of the railroad right-of-way and
outside of the Village Redevelopment Area, Incidental Outdoor Dining Areas shall be allowed
only where the existing indoor restaurant, bona fide eating establishment, or deli provides on-
site parking in compliance with the parkillg ratios specified in Chapter 21.44 (Parking
Ordinance) of the Municipal Code. Incidental Outdoor Dining Areas may be located on
private property only (not in the public right-of-way). The maximum number of seats, tables,
and square feet allowed in an Incidental Outdoor Dining Area shall be limited to:
(i) a maximum of20% of the number of indoor seats or a maximum of twenty (20)
seats, whichever is more restrictive; and,
(ii) a maximum of six (6) tables; and
(iii) a maximum of 400 square feet in area.
Incidental Outdoor Dining Areas may be allowed pursuant to Chapter 21.26 of the
Carlsbad Municipal Code. Any amount of outdoor dining area exceeding the above
limitations shall not be considered "incidental" for purposes of this definition."
SECTION II: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended
by the addition of Section 21.26.013 to read as follows:
"21.26. OJ 3 Incidental Outdoor Dinin,: Areas permitted bv administrative permit.
Incidental Outdoor Dining Areas may be approved by administrative permit for
restaurants, bonafide eating establishments, and deli's in the C-1, 0, C-2, C-T, C-M, M, and P-
M zones outside of the Redevelopment Area and outside of the CommerciaWisitor-Serving
Overlay Zone, except on those sites located within the Coastal Zone west of the railroad right-of-
way which do not provide parking for their indoor seati11g on-site in compliance with Chapter
21.44 (Parking Ordi11ance) of the Municipal Code. The owner of the subject property shall
make written application to the Director. Such application shall include all materials deemed
necessary by the Director to show that the requirements of Subsection (c) hereof are met. lfthe
site is i11 the Coastal Zone, the application shall also constitute a,, application for a Coastal
Development Permit.
(a) The Director shall give written notice to all property owners within 300 feet of the
subject property of pending developme11t decision after the applicatio11 is complete, at least
fifteen worki11g days prior to the decision on the application as follows:
(I) Conte11ts. The 11otice shall i11clude all requireme11ts of Section 21.54.061
of this code, includi11g a notice of a public com111e1tt period of at least 15 working days sufficient
to receive ,md consider comme11ts submitted by mail prior to the date established for the decision.
The notice shall also include a stateme1tt that a public hearing shall be held upon request by any
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person a11d a statement t/rat failure by a perso11 to request a public /rearing may result in tl,e loss
of that person's ability to appeal approval of the admi11istrative permit by the Director to the
Planning Commission.
(b) The Director may approve, approve with conditions, or deny the permit. The
Director may waive a public hearing 011 an administrative permit if notice has been provided i,i
accorda,ice with subsection (a)(}) of this section and a request for a public hearing has not been
received by the city within 15 working days from the date of sending the notice. If a request for a
public heari,ig is received, a public hearilig before the Director s/rall be /reld i11 ~he same manner
as a Pla11ni11g Commission hearing. In either event, the Director's decision shall be based upon
the requirements of, and shall include, specific factual findings supporting whether the project is
or is not ill conformity with the requirements of Section 21.26.013(c).
The Director's decision shall be made in writing. The date of the decision shall
be the date the writing containing the decision or determination is mailed or otherwise delivered
to the person or persons affected by the decision. If the matter includes a Coastal Development
Permit, unless the decision is appealed to the Planning Commission, the Director shall provide a
notice of final action in accordance with Sections 21.201.160 and 21.201.170.
(c) Development Standards. All Incidental Outdoor Dining Areas shall comply with
the following development standards:
(1) All applicable requirements of the State of California Disabled Access
Regulations (Title 24J.
(2J All applicable requirements of the Alcoholic Beverage Commission, if
alcoholic beverages are served in the outdoor area.
(3J Be operated only during the hours of operation of the associated
restaurant
(4J Provide adequate circulation to accommodate normal pedestrian traffic
and circulation for the outdoor dinilig area. Pedestrian clearance between tables and/or
walls/fences shall be a minimum 42" wide.
(SJ Not be located where tlie area would:
(A) encroach into the public right-of-way;
(BJ eliminate any existing parking spaces;
(CJ interfere with vehicle or pedestrian circulation;
(D) remove or reduce existing landscaping (unless equivalent
additional landscaping is provided elsewliere to the satisfaction of the Planning Director);
(E) present a traffic hazard; or,
(FJ be incompatible wit!, outdoor dining, i11 the opinion of the City
Engineer, because of the speed, volume, or nearness of vehicular
traffic.,
(6) When calculating square footage for purposes of determini,ig parking
required per Chapter 21.44 of this Code, space used for Incidental Outdoor Dining Areas
pursuant to tltis section shall be excluded. "
SECTION III: That Title 21, Chapter 21.26 of the Carlsbad Municipal Code is amended by
the amendment of Subsection 21.26.020(1) to read as follows:
"(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transfom1er substations, Incidental Outdoor Di11i11g Areas (as defined in
CJ,apter 21.04J, and nurseries for sale of plants and flowers and similar enterprises customarily
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conducted in the open;"
SECTION IV: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is amended
by the addition of Section 21.27.035 to read as follows:
"21.27.035 Incidental Outdoor Dining Areas permitted bv administrative permit.
Subject to the development standards set forth in section 21.26.013(c) a11 Incidental
Outdoor Dining Area may be approved by administrative permit pursuant to section
21.26.013(a)."
SECTION V: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is amended
by the addition of Section 21.28.012 to read as follows:
"21.28.012 Incidental Outdoor Dining Areas permitted bv administrative permit
Subject to the development standards set fort/, in section 21.26.013(c) an Incidental
Outdoor Di11ing Area may be approved by admi11istrative permit pursuant to section
21.26.013(a)."
SECTION VI: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 21.28.020(1) to read as follows:
"(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, Incidental Outdoor Dining Areas (as defined in
Chapter 21.04), and horticultural nurseries, and similar enterprises customarily conducted in the
open."
SECTION VII: That Title 21, Chapter 21. 29 of the Carlsbad Municipal Code is
amended by the addition of Section 21.29.045 to read as follows:
"21.29.045 Incidental Outdoor Di11ingAreas permitted bv admiliistrative permit.
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Di11illg Area may be approved by administrative permit pursuant to section
21.26.013(a)."
SECTION VIII: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is
amended by the addition of Section 21.30.015 to read as follows:
"21.30. 0 I 5 Incidental Outdoor Dinil,g Areas permitted bv administrative permit.
Subject to the develop111e11t standards set forth i11 section 21.26.013(c) an Incidental
Outdoor Di11i11g Area may be approved by administrative permit pursuant to section
21.26.013(a)."
SECTION IX: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is
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amended by the amendment of Subsection 21.30.020(2) to read as follows:
"(2) All uses shall be conducted wholly within a completely enclosed building, or within
an area enclosed on all sides with a solid wall or uniformly painted fence not less than five feet in
height, except such uses as gasoline stations, electrical transformer substations, Incidental Outdoor
Dining Areas (as defined in Chapter 21.04), and horticultural nurseries, and similar enterprises
customarily conducted in the open, provided such exclusion shall not include storage yards,
contractor's yards and like uses;"
SECTION X: That Title 21, Chapter 21.32 of the Carlsbad Munjcipal Code,is amended
by the addition of Section 21.32.015 to read as follows:
"21.32.015 Incidental Outdoor DininrAreas permitted by administrative permit.
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved by administrative permit pursuant to section
21.26.013(a)."
SECTION XI: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended
by the addition of Section 21.34.035 to read as follows:
"21.34.045 Incidental Outdoor DininrAreas permitted bv administrative permit.
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved • by administrative permit pursuant to section
21.26.013(a)."
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