HomeMy WebLinkAboutLCPA 97-01; Drive-Thru Restaurant Prohibition; Local Coastal Program Amendment (LCPA) (3)STATE OF CALIFORNIA-THE RESOURCES AGEN, PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION June 23, 1998
SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(61 9) 521 -8036
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR, BILL PONDER, COASTAL PROGRAM ANALYST, SAN DIEGO DISTRICT
SUBJECT: STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-98C (Drive-Thru Restaurants/Stormwater Management/Incidental Outdoor Dining Areas) TO THE CITY OF CARLSBAD LCP (For Public Hearing and Possible Commission Action at the Meeting of July 7-10, 1998)
SY NOPS I S.
SUMMARY OF AMENDMENT REOUEST
On March 5, 1998, the City of Carlsbad’s proposed LCP Amendment #1-98 was received in the San Diego District including six separate revisions to the Land Use and Implementation Plans of the certified local coastal program. At the June, 1998 hearings, the Commission acted on the first two amendments of the submittal (LCPA #1-98A/Poinsettia Properties and LCPA #1-98B/Aviara Master Plan). request at the Commission’s June, 1998 hearing where the Commission granted the time extension for a period not to exceed one year. to be heard at this hearing involve Drive-Thru Restaurants, Stormwater Management and Incidental Outdoor Dining Areas. Hi 11 side Development Ordinance amendment, the above three amendments wi 11 be heard as LCPA 1-98C at the July, 1998 hearing. It is anticipated the Hillside Development Ordinance will be heard at the August, 1998 hearing as Carlsbad LCPA 1-98D. Additional information on the contents of the amendment request can be found in the Background section on the next page.
The remaining four amendments were the subject of a time extension
The three amendments
With the exception of the
SUMMARY OF STAFF’S PRELIMINARY RECOMMENDATION
Staff recommends that. followina a Dub lic hearina. the Commission aDo rove the
land use b lan amendments as sub mitted. am rove one imDlementation ~lan
amendment as sub mitted ( Dri ve-thru Restau rants) a nd then deny DO rtions of the imlementat ion elan (Sto rmwa t er Manaaemen t / I nc i den ta 1 Out doo r Dinina Areas) as submitted. suaaested modification$ which ensure adoption of the Stormwater Management amendment wi 11 not result in adverse impacts to downstream coastal resources and adoption of the Incidental Outdoor Dining Areas amendment will not result in adverse public access/parking impacts to coastal visitors in nearshore areas.
Sta ff then recommends the amendments be am roved subiect to
The motions and resolutions for these actions begin on Paae 3. modifications begin on Paae 5. The findings for approval of the “Drive-thru Restaurants’’ Land Use Plan amendments, as submitted, begin on Paae 7. The findings for approval, as submitted, of the Drive-thru Restaurants implementation plan revisions begin on Paae 10. The findings for rejection of the Stormwater Management and Incidental Outdoor Dining Areas implementation plan ’revisions, as submitted, begin on Paae 11 and Paae 13 respectively; the findings for certification of both, if modified, begin on Paae 16.
The suggested
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Carl sbad LCPA 1-98C Page 2
BACKGROU NO
As mentioned above, the Carlsbad Local Coastal Program consists of six geographic segments. The Agua Hedionda Lagoon LCP segment is comprised of approximately 1,100 acres; the Carlsbad Mello I LCP segment contains about 2,000 acres; the Carlsbad Mello I1 LCP segment includes approximately 5,300 acres; the East Batiquitos Lagoon/Hunt Properties LCP segment has about 1,000 acres; the West Batiquitos Lagoon/Sammis Properties segment contains 200 acres and the Vi 1 lage Redevelopment Area has approximately 100 acres. The Vi 1 lage Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all of its segments except Agua Hedionda. Lagoon LCP segment remains as a dgferred certification area until an implementation plan is certified.
The Agua Hedionda
The "Drive-thru Restaurants" amendment revises all six of the City's LCP segments and would prohibit drive-thru restaurants as an allowable land use. The amendment changes both the respective LUPs and zoning.
The "Stormwater Management" amendment revises all six of the City's LCP segments and adds a new chapter to the Carlsbad Municipal Code relating to Stormwater Management and Discharge Control and would prohibit non-stormwater di scharges to the storm water conveyance system (spi 11 s , i 11 egal dumpi ng , i 11 i ci t connections) and reduce pollutants from urban runoff to the maximum extent practicable.
The "Incidental Outdoor Dining Areas" amendment modifies Chapter 21 of the Municipal Code and would apply to all of the City's LCP segments except the Redevelopment Area to allow "incidental outdoor dining areas" associated with restaurants on private property. The amendment allows small accessory outdoor di ni ng areas in association with a1 ready a1 lowed restaurants and wi 11 exclude such areas from parking requirements and sewer impact fees.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Bill Ponder at the San Diego District office of the Coastal Commission at 3111 Camino Del Rio North, Suite 200, San Diego, CA 92108, (619) 521-8036.
Carlsuad LCPA 1-98C
Page 3
PART I. gm
A. STANDARD OF REVIEW
The standard of review for land use plans, or their amendments, is found in Section 30512 of the Coastal Act. certify an LUP or LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act.
This section requires the Commission to
Specifically, it states:
Sect! on 3051 2
(c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the Commi ssi on.
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present.
B. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the various components of the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been di stri buted to a1 1 known interested parties.
PART 11. ~S
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided prior to each resolution.
A. RESOLU TION I (Resolution to approve certification of the City of Carl sbad Land Use Plan Amendment 1-98C/Drive-Thru Restaurants, as submitted)
MITION I
I move that the Commission certify the City of Carlsbad Land Use Plan Amendment No. 1-98C, as submitted.
Staff Recommendat i on
Staff recommends a YES vote and the adoption of the following resolution and findings. An affirmative vote by a majority of the appointed Commissioners is needed to pass the motion.
Carlsbad LCPA 1-98C
Page 4
Resolution I
The Commission hereby certifies the amendment request to the City of
on the grounds that the amendment will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of
the California Coastal Act to the extent necessary to achieve the basic
state goals specified in Section 30001.5 of the Coastal Act; the land use
plan, as amended, will contain a specific access component as required by Section 30500 of the Coastal Act; the land use plan, as amended, will be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c) ; and certification
of the land use plan amendment does meet the requirements of Section 21080.5(d)(Z)(i) of the California Environmental Quality Act, as there would be no feasible measures or feasible alternatives which would substantially lessen significant adverse impacts on the environment.
Carlsbad Land Use Plan, as submitted, and jidoDts t he findinas stated be 1 ow
B. RESOLU TION I1 (Resolution to approve portions of the City of Carlsbad Imp 1 emen ta t i on P1 an Amendment 1 -98C/Dr i ve-Thr u Res tau rants as submitted)
I move that the Commission reject the City of Carlsbad Implementation Plan Amendment No. 1-98C, as it relates to Drive-Thru Restaurants, as submitted.
Staff Recomme ndati on
Staff recommends a and findings. An affirmative vote by a majority of the Commissioners present is needed to pass the motion.
vote and the adoption of the following resolution
Resolution 11
The Commission hereby jertifies the amendment to the City of Carlsbad's Local Coastal Program on the grounds that the amendment conforms with, and is adequate to carry out, the provisions of the certified land use plan. There are no feasible a1 ternatives or feasible mitigation measures
available which would substantially lessen any significant adverse impacts which the approval would have on the environment.
C. RESOLU TION I11 (Resolution. to reject portions of the City of Carlsbad Imp1 ementati on P1 an Amendment 1-98C/Stormwater Management and Incidental Outdoor Dining Areas, as submitted)
I move that the Commission reject the City of Carlsbad Implementation Plan Amendment No. 1-98C for the Stormwater Management and Incidental Outdoor
Dining Areas, as submitted.
Staff Recommendat ion
I
Carl sbad LCPA Page 5 1 -98C
Staff recommends a YES vote and the adopt,on of the follow ig resolution
and findings.
present is needed to pass the motion. An affirmative vote by a majority of the Commissioners
Resol ut ion I11
The Commission hereby 4- the amendment to the City of Carlsbad's Local
Coastal Program on the grounds that the amendment is inadequate to carry
out the provisions of the certified land use plan. There are feasible
alternatives or feasible mi tigation measures available which would substanti a1 ly 1 essen any significant adverse impacts which the approval would have on the environment.
D. RESOLUTION IV (Resolution to approve portions of the City of Carlsbad Imp1 ementation P1 an Amendment 1-98C/Stormwater Management and Incidental Outdoor Dining Areas, if modi fi ed)
MITION IV
I move that the Commission approve the City of Carlsbad Implementation Plan Amendment No. 1-98C for Stormwater Management and Incidental Outdoor Dining Areas, if modified.
Staf f Recommendat ion
Staff recommends a lvls vote and the adoption of the following resolution and findings. An affirmative vote by a majority of the Commissioners present is needed to pass the motion.
Resolution IV
The Commission hereby certifier the amendment to the City of Carlsbad's
Local Coastal Program on the grounds that the amendment, as modified, conforms with, and is adequate to carry out, the provisions of the certified land use plan. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts whi ch the approval would have on the
environment.
PART 111. SUGGES TED MODIFICATIONS
The fol lowing are the suggested revisions for this amendment request.
Language to be added is underlined; language to be deleted is crossed out.
STORMWATER MANAGEMENT ORDINANCE
1. Under Definitions, Section 15.12.020.D (California Ocean Plan) shall be revised to read as follows:
'Tal i forni a Ocean P1 an" means the Cal i forni a Ocean P1 an: Water
Qual i ty Control Plan for Ocean Waters of California adopted by the
State Water Resources Control Board BCflfCdlCfll99l effective July
1997 and any subsequent amendments. 23.
Carl sbad LCPA 1-98C Page 6 .
2. Under Definitions, Section 15.12.020.G.4 (Development) shall be revised to
read .as follows:
[..."Development shall mean"] a change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, includina lot SD lits, except
where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use;
3. Under Definitions, Section 15.12.020.K (Hazardous Materials) shall be
revised to read as follows:
"Hazardous Material s" shall mean any substance or mixture of substances which is toxic, corrosive, flannnable, an irritant, a
strong sensitizer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause, or substa nti a1 1 v contribute , substantial injury, serious
illness or harm to humans, domestic livestock, or wildlife.
4. Under Discharge of Pollutants, Section 15.12.050.A shall be revised to
read as follows:
The prohibition on discharges shall not apply to any discharge
regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to Chapter 5.5, Division 7, of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations. permit mav be reauired in a form acceptab le to t he City o f Car 1 s bad
prior to o r as a co ndition of a subdivision maD. site Dlan. building permit. o r develoment or imDrovement olan: UDO n insDect ion of the faci 1 i tv: duri nu anv enforcement Proceed ina or act ion: or for anv gther reasonab le cause.
Proof of compliance with said
5. Under Discharge of Pollutants, Section 15.12.050.8 shall be revised to read as follows:
Discharges from the following activities will not be considered as
source of pollutants to waters of the United States when properly
managed to e nsure that Dotent ial Dollutants a re not D resent, water
line flushing; landscape irrigation; diverted water flows;. . .
6. Under Watercourse Protection, Section 15.12.090 shall be revised to read as follows:
Every person owning property through which a watercourse passes, and such person's lessee or tenant, shall keep and maintain that part of
the watercourse within the property reasonably free of trash, debri s, excessive vegetation, and other obstacles which would pollute, contaminate, or signficantly retard the flow of water through the
watercourse; shall maintain existing privately owned structures
-.
Carlsbad LCPA 1-98C Page 7
within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actual ly necessary for said maintenance which shall be accompli shed in a manner that minimizes the vulnerability of the watercourse to erosion; and shall be resDonsi bl e for mai ntai ni ng that DO rtion of the watercourse that is -r orope r tv 11 'n es in o r de r to D r otect baainst e rosion and dea radation of the watercourse o ri ai nati na or
contributed from thei r Drooertv.
7. Under Remedies Not Exclusive, Section 15.12.190 shall be revised to read as follows:
Remedies set forth in this Chapter are not exclusive but are
cumulative to all other civil and criminal penalties provided by law,
including, but not limited to, penalty provisions of the Federal C1 ean Water Act and/or the State Porter-Cologne Water Quality Control Act. The Porter-Coloane Water Oualitv Co ntrol Act is Ca 1 i forni a
Water Code Sect ion 13000 et sea .. and anv future amendments. The
seeking of such federal and/or state remedies shall not preclude the si mu1 taneous commencement of proceedings pursuant to thi s Chapter.
INCIDFNT AL OUTDOOR DINING AREAS ORD INANCE
Section 21.04.188.1 of the Carlsbad Municipal Code shall be revised to
read as follows:
8.
. . .Incidental outdoor dining areas shall be uti 1 ized only as
extensions of restaurants providing indoor seating and which are properly 1 i censed for such service. On DroDerti es located west o f fhe rai 1 road riaht-of-wav and outs ide of the Villaae Redevelopment
Area. ''i nci dental outdoo r dinina areas" shall be a llowed onlv where
the existina indoor restau rant. bo na fide eat ina estab lishment or
deli Drovides o n-site Da rkina in comDliance with the parkina ratios
SDec ified in Chaoter 21.44 (Parkina Ordinance) o f the MuniciDal code. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way). . . .
PART IV. F INDINGS FOR APPROVAL OF THE CITY OF CARLSB AD L A ND USE P L AN
AMEND MFNT 1-98C AS SUB MITTED
A. AMENDMENT DESCRIPTION
Only one of the three amendment requests which are the subject of this report involves land use plan revisions; it is the one addressing drive-thru
restaurants.
language into the Village Redevelopment Area, Mello I, Mello 11, Agua
Hedionda, East Batiquitos and West Batiquitos LCP segments. The newlrevised pol i cy text prohi bi ts "Dri ve-thru Restaurants" as a permitted 1 and use from
The land use portion of the amendment modifies or inserts policy
Carlsbad LCPA 1-98C
Page 8
each of these LCP segments. Village Master Plan and Design Manual implements the Redevelopment Plan and
regulates land uses in the Village Redevelopment Area.
currently 1 imi ts drive-thru faci 1 i ties for fast food restaurants to three of the nine land use districts within the Village Redevelopment Area. The
proposed revision to the Village Master Plan and Design Manual will prohibit drive-thrus for fast food restaurants in all areas of the Village. The amendment modifies the Land Use Chart within the Manual to prohibit
"dri ve-thru restaurants" from any location in the Vi 11 age area and LCP
segment .
Regarding the Village Redevelopment Area, the
This document
B. CONFORMANCE WITH SECTION 3000 1.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that the land use plan amendment, as set forth in the resolution for certification as submitted, is consistent with the policies and requirements of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act which states:
The Legislature further finds and declares that the basic goals of the state for the coastal zone are to:
a) Protect, maintain and, where feasible, enhance and restore the
overall quality of the coastal zone environment and its natural and
manmade resources.
b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the
people of the state.
c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consi stent with sound resource conservation principles and constitutionally protected rights of private property owners.
d) Assure priority for coastal-dependent and coastal-related development over other developments on the coast.
e> Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
C. CHAPTE R 3 CO NSISTENC Y
1 . Vi si tor-Servi na Uses.
Section 30222 provides that private lands sui table for visi tor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over other development except for agricultural uses or coastal-dependent uses. The amendment proposes to define
"drive-thru restaurants'' (based on the presence of a drive-thru lane to
Carlsbad LCPA 1-98C
Page 9
service customers), and then to specifical ly prohibit them by either adding new policy language to the respective LUPs or revising existing language to prohibit "Drive-Thru Restaurants" as a permitted use.
In its decision, the City found that such uses can have an adverse impact on public health, safety and welfare through potential cumulative traffic, noise,
litter, aesthetic and air quality impacts. The City further found that its
goals for the future included the de-emphasis of motor vehicle use and mi tigating other nuisance factors while emphasizing pedestrian circulation.
Additionally, the City found there were sufficient existing drive-thru
establ i shments throughout the City to accommodate existing and anticipated
needs. There are twelve drive-thru restaurants within the City, with five being in the Village Redevelopment Area. The existing drive-thru restaurants
would not be eliminated by the ordinance; and, as long as they are legally in existence at the time of this ordinance's enactment, they will be allowed to seek extension of thei r conditional use permits . access, the City found that existing services were adequate and restaurants would sti 11 have to meet American Di sabi 1 i ty Act access requirements independently.
Regarding handicapped
The proposed amendment is not in conflict with the above provision of the
Coastal Act. The prohibition of drive-thru restaurants wi 11 not prohibit the
restaurant itself as a permitted use nor result in a required decrease in size or vi si tor-serving potential, only prohibit, the use of drive-up lanes for outside customer service. These lanes do not provide a visitor-serving use
in-and-of themselves, only a convenience for those who do not wish to leave
the car to receive food. It is not anticipated that just because a drive-thru lane is not allowed to access a restaurant, that the restaurant would not
provide the same product it had prior to the ban (i.e., a fast food restaurant would remain a fast food restaurant). For those reasons, the Commission finds
there is no reduction in visitor-serving facilities or uses as a result of the amendment and it can be found consistent with the applicable section of the
Coastal Act.
2. ~ P A
Section 30210 of the Coastal Act addresses the protection of coastal access
and states:
In carrying out the requirement of Section 4 of Article X of the
California Constitution, maximum access, which shall be conspicuously
posted, and recreational opportunities shall be provided for a1 1 the
people consistent with public safety needs and the need to protect pub1 i c rights , rights of private property owners, and natural resource areas from overuse.
As cited above, the Coastal Act provides for the protection of public access.
The Commission finds there should be no adverse impacts to public access opportunities within the Cl ty resulting from the drive-thru restaurant prohibition. The amendment would promote pedestrian-oriented objectives
throughout the Ci ty, parti cul arly in the Vi 11 age Redevelopment Area where
Carlsbad LCPA 1-98C Page 10
pedestrian circulation is preferred over automobile use. Again, the proposed amendment wi 11 not change the zones or specific locations where restaurants, the primary visitor-serving use, will be allowed. It will only eliminate one customer service feature that such establishments could offer in any new restaurant development. Thus, the Commission finds the proposed map and policy revisions can be found consistent with Sections 30210 and Section 30222
of the Coastal Act.
PART V. ~S ; AS SUB MITTED
A. s. The subject amendment modi fi es the City' s zoning ordinance by prohibiting dri ve-thru restaurants throughout the City. Redevelopment Area, Me1 lo I, Me1 lo 11, Agua Hedionda, East Batiqui tos/Hunt and West Batiquitos/Sammis segments of the Carlsbad LCP.
Consequently, it involves the Village
6. FINDINGS FOR CERTIFICATION/DRIVE-THRU RESTAURANTS
a) The purpose and intent of the zoning amendment is to amend various Chapter 21 sections of the Carlsbad Municipal Code to address the prohibition of drive-thru restaurants throughout the City.
PurDose and I ntent o f the 0 rdi . nance .
b) Maior Provisions of the Ordinance. Chapter 21 of the Municipal Code addresses revisions to the regulations of "drive-thru restaurants" as follows:
-Defines "Drive-thru Restaurants" (based on the presence of a drive-thru lane to service customers) and prohibits such uses defined as "drive-thru restaurants I'
c) Adeauacv o f Ordinance to ImDlement the Certified LUP. The standard of review for LCP implementation submittals or amendments i s their consistency with and ability to carry out the provisions of the certified LUP. case of the subject LCP amendment, the City's Zoning Code serves as the Implementation Program for the various segments of the LCP. The primary regulations addressing drive-thru restaurants for a1 1 areas of the City, except the Village Redevelopment Area, are contained in the City's zoning ordinance. Currently, Section 21.42.010(5)(N) (Conditional Uses) a1 lows dri ve-thru businesses in any zone except res1 denti a1 through the processing of a conditional use permit. The subject amendment proposes to define "Drive-thru Restaurants" (based on the presence of a drive-thru lane to service customers); and then to specifically prohibit them from Section 21.42.010(5)(N). from Section 21.42.010(5)(N) provides that drive-thru restaurants that are either existing or have received final approvals by the effective date of the ordinance are allowed to exist and may apply for CUP extensions to allow for continued operations.
In the
This results in "Drive-thru Restaurants" being prohibited
However, zones except the Village Redevelopment Area in the City.
Carlsbad LCPA 1-98C Page 11
The Vi 1 lage Master Plan and Design Manual implements the Redevelopment Plan and regulates land use in the Village Redevelopment Area. currently limits drive-thru facilities for fast food restaurants to three of the nine land use districts within the Village Redevelopment Area. proposed revision to the Village Master Plan and Design Manual is also covered by technical amendment to Section 21.35.020 (Incorporation of Village Master Plan and Design Manual by reference into Carlsbad Municipal Code) and will prohibit drive-thrus for fast food restaurants in all areas of the Village.
This document
The
The drive-thru prohibition is limited in nature and will not change existing LCP regulations encouraging higher priority uses such as restaurants and other vi si tor-serving uses. Therefore, the Commission finds that the subject amendment to the Implementation Program is consistent with and adequate to carry out the policies of the certified LUP, as already amended herein.
PART VI. FIN DINGS FOR DENIAL OF PORTIO N S 0 F THE CITY 0 F C ARL S B A D
4 A MT MP - T WAT R MANA MENT AND
A. AMENDMENT DESC RIPTION
1. STORMWATER MAMM ENT AND DISCHARGE CO NTROL 0 RDINANCE. Regarding the
Stormwater Management and Di scharge Control ordinance, the amendment modifies the Ci ty' s zoning ordinance ci ty-wide. Village Redevelopment Area, Mello I, Mello 11, Agua Hedionda, East Batiqui tos/Hunt and West Batiqui tos/Sammi s segments of the Carl sbad LCP.
Consequently, it wi 11 involve the
2. INCIDENTAL OUTDOOR DINING AREAS. The amendment modifies the City's zoning ordinance city-wide and is only applicable outside of the Redevelopment Area. East Batiqui tos/Hunt and West Batiqui tos/Samis segments of the Carl sbad LCP. Consequently, it will involve the Mello I, Mello 11, Agua Hedionda,
6. FINDINGS FOR REJECTION/STORMWATER MANAGEMFNT AND DISCHARGE CONTROL
a) PurDose and I ntent o f the 0 rdi nance . The purpose and intent of the Stormwater Management Ordinance is to ensure the future health, safety and general we1 fare of the citizens of Carl sbad by prohi bi ti ng non-stormwater discharges to the storm water conveyance system (spills, illegal dumping, illicit connections) and reducing pollutants from urban runoff to the maximum extent practicable. water quality of watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and California Regional Water Quality Control Board NPDES Permit No. 90-42 and any amendment, revision or rei ssuance thereof.
The intent of the ordinance is to protect and enhance the
b) Major Provisions of the Ordinance. New Chapter 15.12 addresses the prohibition of non-stormwater discharges to the storm water conveyance system (spills, illegal dumping, illicit connections) and the reduction of pollutants from urban runoff as follows:
-Establishes definitions for the ordinance's application;
-Suppl ements the existing grading and erosion control pol icy provi sions of the City's certified LCP; .
Carl sbad LCPA 1-98C
Page 12.
-Provides the City with the legal authority to enforce the new provisions and sets forth inspection and testing procedures;
-Prohibits discharges to the storm water conveyance system from spi 11 s, dumping or disposal of certain materials other than storm water, permitted or exempted discharges;
-Mandates uti 1 ization of Best Management Practices to the maximum extent
practi cabl e to el imi nate or reduce pol lutants entering the conveyance system; and
-Directs that watercourses be maintained in a manner that retains flows but also minimizes erosion potential and protects habitat.
c) Adeauacv o f Ordinance to ImDlement the Certified LUP. The standard of
In the
The amendment
review for LCP imp1 ementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. case of the subject LCP amendment, the City's Zoning Code serves as the
Implementation Program for the various segments of the LCP.
amends all six of the City's LCP segments and would add a new chapter to the
Carl sbad Municipal Code relating to Stormwater Management and Di scharge
Control.
erosion control policy provisions of the City's certified LCP by protecting
and enhancing the water quality of water courses, water bodies and wetlands
within the City and coastal zone.
The water qual i ty ordinance wi 11 supplement the exi sti ng gradi ng and
The storm water ordinance is intended to ensure that receiving waters (i.e.,
Bat1 qui tos Lagoon, Agua Hedi onda Lagoon, Buena Vi sta Lagoon and thei r
tributary creeks and the Pacific Ocean) are protected from adverse impacts resulting from non-storm water discharges. Stormwater is surface runoff and drainage associated with storm events and snow melt prior to contact with urban areas and other areas where the natural environment has been significantly di sturbed or a1 tered, either directly or i ndi rectly, as a result of human activity. Stormwater runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered either directly or indirectly as a result of human activity, and the character and type of pollutants naturally appearing in the runoff have not been
significantly altered, either directly or indirectly, as a result of human activity, i s considered "unpol 1 uted" and conforms to the definition of "stormwater". Thus, the ordinance seeks to prohibit pol luted, non-stormwater re1 ated di scharges to the stormwater system which eventual ly di scharge into
the above recei vi ng waters.
The ordinance applies to all forms of development proposals. found in compliance with all applicable federal and state laws, plans and permits in regards to stormwater management and discharge control. ordinance provides that "Best Management Practices" must be fol lowed to the
maximum extent practi cabl e to prevent or reduce the di scharge of pol 1 utants
directly or indirectly to receiving waters.
contai nment and cl eanup procedures are i denti fi ed in the ordi nance. An
"enforcement official" is created by the ordinance to enforce the provisions
Projects must be
The
Notification of spills,
Carlsbad LCPA 1-98C Page 13.
of the ordinance and can issue cease and desist orders and impose fines and
penal ties in appropriate situations.
Regarding conformance with the drainage and runoff control provisions of the LUPs, a number of LUP policies require that new development must not adversely affect coastal resources such as the above named water bodies. Generally, the LUPs require that new development submit drainage and runoff control plans and install permanent runoff and erosion control devices to ensure that runoff will not promote downstream erosion and that it incorporate sediment controls. permanent runoff-control and erosi on-control devices must be developed and installed prior to or concurrent with any onsite grading activities. Mello I LUP provides that drainage improvements be constructed between the
project site and the lagoon, restricts grading activities to the months of Apri 1 through September, requires revegetation of a1 1 graded areas immediately after grading, requires runoff be controlled so as not to exceed pre-development velocities and requires appropriate measures shall be taken on and off-si te to prevent si 1 tation of lagoons and other environmentally sensitive areas. contain similar provisions to ensure that water quality will be maintained.
For example, Policy 4-3 of the Mello I1 LUP provides that all
The
The other LCP segments that comprise the Carlsbad LCP
The stormwater management ordinance wi 11 not change existing LCP regulations
requi ring the protection of the qual i ty of coastal waters by minimizing
adverse effects of waste water discharges and entrainment, control 1 i ng runoff and encouraging waste water reclamation. The ordinance will only serve to
enhance these existing regulations. However, the proposed ordinance must be clarified in several areas whixh requires a number of technical revisions. The revisions are minor and involve mostly clarifications in the ordinance regarding who and what the ordinance applies to and other aspects of ordinance administration. While minor and technical in nature, the Commission finds that the ordinance, as submitted, can not be found consistent with the water
quality policies of the respective land use plans to the extent necessary to
approve it as submitted. Therefore, the Commission must reject the i mpl ementati on pl an amendment.
C. WDINGS FO R REJ ECTION / INCI DEN TAL OU TDOOR D INING AREAS
a) PurDose a nd Intent of the Ordinance. The purpose and intent of the
Incidental Outdoor Dining Areas amendment is to a1 low small accessory outdoor
dining areas on private property in association with a1 ready a1 lowed restaurants with indoor seating and to exclude such areas from parking requi rements and sewer impact fees.
b) Wr Provisions o f the Ordinan= . The Incidental Outdoor Dining Areas amendment modifies Chapter 21 of the Municipal Code to allow incidental outdoor dining areas associated with restaurants on private property citywide outside the Village Redevelopment Area as follows:
-Adds a new definition to the municipal code (Section 21.04.188.1) which specifies, among other things , that "incidental outdoor dining areas" shall be limited to: a maximum of 20% of the number of indoor seats or a maximum of twenty (20) seats, whichever is more restrictive; a maximum of six (6) tables; and a maximum of 400 square feet (sq.ft.1 in area;
Carlsbad LCPA 1-98C Page 14.
-Provides design and locational criteria for incidental outdoor dining areas to comply with regulations governing a1 coho1 i c beverage servi ce and access for persons with di sabi 1 i ti es ;
-Provides a one year "sunset clause" should the parking waiver prove unworkable; and
-Provides an administrative permit procedure to review such applications.
c) Adeaua cv of Ordinance to ImPJement the Certified LUP. The standard of review for LCP imp1 ementation submittals or amendments i s their consi stency with and ability to carry out the provisions of the certified LUP. case of the subject LCP amendment, the City's Zoning Code serves as the Implementation Program for the various segments of the LCP. excludes all "incidental outdoor dining areas" from the floor area cal cul ati ons used to determi ne the number of parking spaces requi red.
Currently, incidental outdoor dining areas are not a permitted use within the
City; restaurants must provide parking for any indoor and outdoor use areas at the same ratio. wi 11 be provisional ly permitted.
In the
The amendment
Through the IP amendment, incidental outdoor dining areas
As newly defined in the Municipal Code, an "incidental 'outdoor dining area"
means a small extension of an indoor restaurant, eating establishment or deli
which extends outdoors beyond the walls of the restaurant and which is used extensively for eating, drinking and pedestrian circulation therein. They may
be located on private property only (not in the public right-of-way). Incidental outdoor areas are allowed only in the zones in which restaurants and/or deli Is are allowed (C-1, 0, C-2, C-T, C-M, M, and P-M zones) and may be approved by administrative permit .
The proposed amendment would not change the zones in which restaurants or delis (with or without outdoor seating areas) are allowed. It allows a limited amount of such outdoor seating to be provided without having to provide parking and without having to provide sewer impact fees. A restaurant which is designed to provide a larger outdoor dining area (e.g. one containing
600 sq.ft. of area) would be required to provide parking for the portion of the outdoor dining area which exceeds the "incidental I' defi ni ti on.
addition, the currently proposed amendment proposes pedestrian clearance between tables and/or walls/fences shall be a minimum of 42 inches wide; no encroachment shall occur into the pub1 i c right-of-way; no exi sting parking spaces shall be eliminated; no interference with vehicle or pedestrian circulation shall be allowed; no removal or reduction of existing landscaping without equi Val ent rep1 acement; no creation of traffi c hazards ; and the location cannot be incompatible with outdoor dining, in the opinion of the
City Engineer because of the speed, volume or nearness of vehicular traffic.
In
The certified parking code requi rement for restaurants/del i s parking i s one
space per 100 sq.ft. of gross floor area (for restaurants less than 4,000 sq.ft. in size) and 40 spaces plus one space per 50 sq.ft. of gross floor area in excess of 4,000 sq.ft. (for restaurants of 4,000 sq.ft. or greater).
Currently, the Municipal Code provides that restaurants which incorporate
Carlsbad LCPA 1-98C Page 15
outdoor seating areas are a1 lowed provided they comply with a1 1 requirements, i ncl udi ng provi di ng requi red parking at the appropriate restaurant parki ng ratio.
The Commission is concerned about the proposed parking exemption in the nearshore areas of the City outside of the Village Redevelopment Area. Specifically, there's concern about the areas located west of the railroad ri ght-of-way near the ocean, where parking demand i s high but parki ng suppl i es may be low or the southern areas of the City where there are substantial undeveloped areas which are expected to experience growth in the near future.
The rai 1 road right-of-way runs north/south through the City, near and
para1 1 el i ng the ocean. There are a number of commercial ly-designated sites west of the railroad right-of-way that the ordinance would apply to near
Palomar Airport Road and Poinsettia Lane, including sites within the Poinsettia Properties Specific Plan Area and the Poinsettia Shores Specific
Plan Area. These specific plans cover approximately 190 acres of land north
of Batiquitos Lagoon and contain lands approved by the Commission for visitor
commercial uses, some of which are located west of the railroad right-of-way.
Some of these areas may be considered as "beach impact areas" where parking competition is expected to be greatest between residents commercial patrons and beach visitors. Beach. and Recreation. The campground is located westerly of Carlsbad Blvd., north of Ponto State Beach. In addition to seven beach access stairways, the park is developed with 226 campsites, 10 comfort stations, a campfire center and concession stand. Because it provides both day use and overnight use, it is considered a major recreational facility for coastal vi si tors.
Policy 7-9 of the Mello I1 LUP entitled "Carlsbad State Beach: states:
These areas are directly across from South Carlsbad State South Carlsbad State Beach is a unit of the State Department of Parks
Parking"
Parking faci 1 i ti es are enti rely inadequate in the vicinity of South
Carlsbad State Beach. To remedy this problem, the 20-acre site located between Carl sbad Boulevard and the railroad junction of Palomar Airport Road shall be developed for parking faci 1 i ties of approximately 1,500
spaces.
should be initiated between the parking area and designated points along
Carlsbad Boulevard.
When thi s faci 1 i ty becomes heavi ly uti 1 ized, jitney service
Given the above, the Commission is concerned about allowing this revision on properties located west of the railroad right-of-way outside of the Village
Redevelopment Area.
on-street parking is available in the nearshore area along and west of Carl sbad Boulevard for beach vi si tors. Outdoor dining areas, whether large or
"incidental" are a very attractive dining option in Southern California.
Given the suitable weather conditions and use of heaters and shade covers, these outdoor areas draw business and are generally preferred by many customers. Should a restaurant be successful already, such an addition will only serve to expand capacity and fuller operation. This could exacerbate potenti a1 parking confl i cts in the nearshore areas under certain conditions . One particular concern would be the adequacy of the existing restaurant's
This i s important because 1 imi ted pub1 i c parking and
Carl sbad LCPA 1-98C Page 16-
parking facilities.
parking complement, it should not be aliowed to add an "incidental dining"
area and exacerbate its parking deficiency, especially in nearshore areas. The submitted ordinance makes it clear that existing parking cannot be eliminated to provide the incidental dining area, but it does not specify that restaurants without adequate parking cannot be allowed a further parking exemption. incidental outdoor dining area was allowed near the beach and the existing res taurant fai 1 ed to provi de i ts required park1 ng complement. reason, the amendment must be denied as submitted.
If an existing establishment failed to provide its full
Thus, the availability of public parking could be affected if an
For that
PART VII. 1 AMENDMENT 1-98C/STORMWATER MANAGEMENT AND INCIDENTAL OUTWOR DINING
AREAS. IF MODI FIE D
As revi sed in the suggested modifications, the proposed amendments can be found consistent with the respective certified land use plans. Stormwater Management amendment, the proposed ordinance must be clarified in several areas to make it consistent with recent model stormwater ordinances. These revisions are not substantive, but rather technical in nature, and include a number of revisions that relate to the ordinance's date of effectiveness and citation for the Water Quality Control Plan for Ocean Waters of California as adopted by the State Water. Resources Control Board; that a1 1 forms of development be subject to the ordinance, including lot splits; that a "hazardous materi a1 'I be defined as one that may "substantial ly contribute" to
substantial i njury; that proof of compl i ance with a discharge pol 1 utant permit
may be required if deemed necessary by the City; and landowners shall be responsible for maintaining that portion of a watercourse that is within their property 1 i nes to protect agai ns t erosion and degradation of the watercourse. With the above revisions, the Commission finds the subject implementation plan amendment is consistent with and adequate to carry out the policies of the certified LUP.
Regarding the
Regarding the Incidental Outdoor Dining Areas amendment, the Commission finds
the amendment can only be accepted west of the railroad right-of-way in
Carlsbad, outside the Redevelopment Area, if the existing restaurant provides full parking at the ratios specified in the Municipal Code. The Commission can approve the amendment as revised in the suggested modification based on the fol 1 owi ng considerations .
First, the amendment only appl1 es to areas outside the Vi 1 lage Redevelopment
Area and is limited for one year (until 10/17/98). Should the ordinance be determined unworkable at that time, it could be repealed. amendment allows a maximum of 20% of the number of indoor seats or a maximum
of twenty (20) seats, whichever is more restrictive; a maximum of six (6)
tables; and a maximum of 400 square feet (sq.ft.1 in area. Therefore, it has
a 1 imited scope. Pursuant to the suggested modification, incidental outdoor
dining areas will be allowed with restaurants that otherwise provide
their full off-street parking complement consistent with the parking ratios in the Municipal Code for areas west of the railroad tracks which are viewed as
Second, the
Carlsbad LCPA 1-98C
Page 17
"beach impact areas". Third, outdoor dining areas represent an amenity associated with high-priority, visi tor-serving uses which should be encouraged as long as they do not result in any other access conflicts. Fourth, a key justification is the City's stricter parking ratio which requires, at a minimum, 1 space per 100 square feet of gross floor area for restaurants, which is a more restrictive parking standard than used by other certified jurisdictions. It is reasonable to allow a limited parking exemption where, in the case of the nearshore areas west of the railroad right-of-way, the existing restaurant/dining facility complies with the certified parking ratios. Furthermore, areas outside the Village Redevelopment Area are newly developing so restaurants in those areas should be providing full parking consistent with the LCP as new uses.
Based on the above, the Commission finds the proposed amendment is limited in nature. incidental outdoor dining area) will be subject to essentially the same regulations and the proposed parking exemption, as defined and modified
herein, can be found consistent with the public access policies of the LCP.
Any proposed restaurant in the coastal zone (with or without
PART VIII. CO NSISTENCY WITH THE CALI FORNIA ENVIRONMENTAL OUALITY ACT (CEO A)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. responsibilities are assigned to the Coastal Commission and the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. the Commission is relieved of the responsibility to prepare an EIR for each LCP .
Instead; the CEQA
Thus, under CEQA Section 21080.5,
Nevertheless, the Commission is required in an LCP submittal or, as in this
case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA provisions. In the case of the subject LCP amendment
request, the Commission finds that approval of the subject LCP amendment, as modified, would not result in potentially significant environmental impacts under the meaning of the California Environmental Quality Act. As discussed above, the proposed amendments are not expected to have any adverse land use or resource impacts. unmi ti gab1 e envi ronmental impacts under the meaning of CEQA wi 11 result from
the approval of the proposed amendment.
Therefore, the Commission finds that no significant,
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