HomeMy WebLinkAbout2013-03-12; City Council; Resolution 2013-06217
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The City Council of the City of Carlsbad, California, does hereby resolve as
EXHIBIT 2
1 RESOLUTION NO. 2013-062
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING A CURB CAF£ USE FEE
3 CASE NAME: CURB CAFES
CASE NO.: SS 13-01
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5 follows:
6 WHEREAS, the City of Carlsbad has approved a new City Council Policy
7 Statement that establishes a three-year pilot program to permit curb cafes within Land Use
8 District 1 of the Village Master Plan and Design Manual ("Village"); curb cafes would be
9 approved for a maximum period of three years; and
10 WHEREAS, curb cafes are temporary deck structures that allows outdoor dining
11 to extend from the sidewalk and into the public right of way parking lane; and
12 WHEREAS, use of public right of way for curb cafes represents a loss of public
1^ parking; and
1^ WHEREAS, properties within the Village may satisfy all or a portion of the
1^ parking requirements through payment of an in-lieu fee, which support the development and
1^ maintenance of public parking. The in-lieu fee is based upon a determination of the estimated
cost of providing an above ground structured parking space, including land construction, soft
costs and maintenance. The current in-lieu fee is $11,555/parking space; and
WHEREAS, to compensate for the loss of public parking, curb cafe applicants
shall pay to the City of Carlsbad a use fee of $100 per month per parking space, payable in one-
year increments ($1,200 per space/per year). The use fee shall be collected upon permit
issuance and shall be paid annually thereafter for the duration of the permit; and
WHEREAS, the annual payment is based on the approximate cost of the in-lieu
fee amortized over ten years. A ten year amortization versus three year amortization (the
duration of the curb cafe permit) results in a fee amount that is reasonable given the temporary
nature of curb cafes. Further, use fees collected will be deposited with in-lieu fees for public
parking maintenance and construction; and
1 WHEREAS, the City Council of the City of Carlsbad, on the I2th day of March
2 2013, held a public meeting to adopt a new curb cafe use fee and at that time received
3 recommendations, objections, protests, comments of all persons interested in or opposed to the
4 fee.
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
6 of Carlsbad, California, as follows:
^ 1. That the above recitations are true and correct,
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2. That the City Council approves the new curb cafe use fee of $100 per month
Q per parking space, payable in one-year increments ($1,200 per space/per
year). The use fee shall be collected upon permit issuance and shall be paid
J Q annually thereafter for the duration of the permit.
"NOTICE TO APPLICANT" 11
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The time within which judicial review of this decision must be sought is governed
j2 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
j4 must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
15 request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
17 request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12*^ day of March 2013, by the following vote to wit:
AYES:
NOES:
Council Members Blackburn, Wood, Douglas.
None.
ABSENT: Council Members Hall, Packard.
KEITH BLACKBURN, Council Member
ATTEST: