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HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 4039. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND TITLE 21, CHAPTERS 21.04, 21.26, 21.27, 21.28, 21.29, 21.30, 21.32, AND 21.34 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW AND REGULATE INCIDENTAL OUTDOOR DINING AREAS ASSOCIATED WITH RESTAURANTS CITYWIDE OUTSIDE OF THE REDEVELOPMENT AREA. CASE NAME: INCIDENTAL OUTDOOR DINING AREAS CASE NO: ZCA 96-1 0 WHEREAS, the City Council has determined that a Zone Code Amendml amend Title 21 of the Carlsbad Municipal Code, to allow and regulate incidental ou dining areas associated with restaurants citywide outside of the Redevelopment Area to exclude such areas from parking requirement calculations be prepared; and WHEREAS, the Planning Commission did on the 7th day of May 1997, h duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f; relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commj RECOMMENDS APPROVAL of Zone Code Amendment ZCA 9 according to Exhibit “X” dated May 7, 1997, attached hereto and made a hereof, based on the following findings: ... I . *. ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Findines: 1. That the proposed Zone Code Amendment is consistent with the goals and objecti the Carlsbad General Plan in that it does not create a new use not a1 anticipated by the General Plan. 2. That the proposed Zone Code Amendment is consistent with the intent of Chi. 21.04, 21.26,21.27, 21.28, 21.29, 21.30, 21.32, and 21.34 in that the amendment not change the types of uses allowed in any zoning district and continues to re adequate parking for all allowed uses. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannir Commission of the City of Carlsbad, held on the 7th day of May 1997, by the following v( wit : AYES: Chairperson Nielsen, Commissioner Compas, Heineman, Mc Noble, Savary, and Welshons NOES: None ABSENT: None ABSTAIN: None ->-e-. ..;. . ..-. ,.-" .J ,e' / . ,./ -*/' , _"' />.E" .. , , \..\ \ __" "..." ' *.-- - ~ - GL&.=: . " ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 1 Planning Director I PC RES0 NO. 4039 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 0 EXHIBIl May 7, ORDINANCE NO. A ZONE CODE AMENDMENT TO AMEND TITLE 21, CHAPTERS 21.04,21.26, 21.27, 21.28, 21.29, 21.30, 21.32, AND 21.34 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW AND REGULATE INCIDENTAL OUTDOOR DINING AREAS ASSOCIATED WITH RESTAURANTS CITYWIDE OUTSIDE OF THE REDEVELOPMENT AREA. CASE NAME: INCIDENTAL OUTDOOR DINING AREAS CASE NO.: ZCA 96-10 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Cc amended by the addition of Section 21.04.188.1 to read as follows: “21.04.188.1 Incidental Outdoor Dining Areas. Incidental Outdoor Dining Area” means, everywhere except within the Redevelo] Area Local Coastal Program Segment, a small extension of an indoor restaurant, bona fide 1 establishment, or deli which extends outdoors beyond the walls of the restaurant and wh used exclusively for eating, drinking, and pedestrian circulation therein. Incidental 01 dining areas shall be utilized only as extensions of restaurants providing indoor seatin which are properly licensed for such service. Incidental outdoor dining areas may be local private property only (not in the public right-of-way). The maximum number of seats, 1 and square feet allowed in an incidental outdoor dining area shall be limited to: (i) a maximum of 20% of the number of indoor seats or a maximum of sixtee: 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 2 1.26 of the Ca Municipal Code. Any amount of outdoor dining area exceeding the above limitations sh be considered “incidental” for purposes of this definition.” SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is am by the addition of Section 21.26.013 to read as follows: “21.26.013 Incidental Outdoor Dining. Areas permitted by administrative permit. Incidental outdoor dining areas may be approved by administrative permit for restal bonafide eating establishments, and deli’s in the C-1, 0, C-2, C-T, C-M, My and P-M zones c of the Redevelopment Area. The owner of the subject property shall make written applical the Director. Such application shall include all materials deemed necessary by the Director tc that the requirements of Subsection (c) hereof are met. If the site is in the Coastal Zor application shall also constitute an application for a Coastal Development Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (a) The Director shall give written notice to all property owners within 300 feet subject property of pending development decision after the application is complete, at least 1 working days prior to the decision on the application as follows: (1) Contents. The notice shall include all requirements of Section 21.54.( this code, including a notice of a public comment period of at least 15 working days sufflci receive and consider comments submitted by mail prior to the date established for the de( The notice shall also include a statement that a public hearing shall be held upon request k person and a statement that failure by a person to request a public hearing may result in the 1 that person’s ability to appeal approval of the administrative permit by the Director to the PI2 Commission. (b) The Director may approve, approve with conditions, or deny the permit. Director may waive a public hearing on an administrative permit if notice has been provic accordance with subsection (a)(l) of this section and a request for a public hearing has no received by the city within 15 working days from the date of sending the notice. If a reques public hearing is received, a public hearing before the Director shall be held in the same man a Planning Commission hearing. In either event, the Director’s decision shall be based up( requirements of, and shall include, specific factual findings supporting whether the project i! not in conformity with the requirements of Section 21.26.013(c). The Director’s decision shall be made in writing. The date of the decision sk the date the writing containing the decision or determination is mailed or otherwise delivered person or persons affected by the decision. If the matter includes a Coastal Development P unless the decision is appealed to the Planning Commission, the Director shall provide a no1 final action in accordance with Sections 2 1.20 1.1 60 and 2 1.20 1.170. (c) Development Standards. All Incidental Outdoor Dining Areas shall compl! the following development standards: (1) All applicable requirements of the State of California Disabled L Regulations (Title 24). (2) All applicable requirements of the Alcoholic Beverage Commissi alcoholic beverages are served in the outdoor area. (3) Be operated only during the hours of operation of the associated restau (4) Provide adequate circulation to accommodate normal pedestrian traff circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/ shall be a minimum 42” wide. (5) Not be located where the area would: (A) encroach into the public right-of-way; (B) eliminate any existing parking spaces; (C) interfere with vehicle or pedestrian circulation; (D) remove or reduce existing landscaping (unless equivalent addj (E) present a traffic hazard; or, (F) be incompatible with outdoor dining, in the opinion of the Engineer, because of the speed, volume, or nearness of vehicular traffic. (6) When calculating square footage for purposes of determining p< required per Chapter 2 1.44 of this Code, space used for incidental outdoor dining areas purs~ landscaping is provided elsewhere to the satisfaction of the Planning Director); ~ this section shall be excluded. -2- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (7) No heating devices shall be allowed in incidental outdoor dining areas.’ SECTION 111: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is am’ by the addition of Section 21.27.035 to read as follows: “21.27.035 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 21.26.01 3(c) an Inci Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.01: SECTION IV: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is am by the addition of Section 21.28.012 to read as follows: “21.28.012 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incil Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.0 1 C SECTION V: That Title 21, Chapter 21. 29 of the Carlsbad Municipal Code is am by the addition of Section 21.29.045 to read as follows: “21.29.045 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Inci Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.01: SECTION VI: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is am by the addition of Section 21.30.015 to read as follows: “21.30.01 5 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Inci Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.0 1 C SECTION VII: That Title 21, Chapter 21.32 of the Carlsbad Municipal Cc amended by the addition of Section 21.32.015 to read as follows: “21.32.015 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 2 1.26.013(c) an Inci Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.0 1 : SECTION VIII: That Title 21, Chapter 21.34 of the Carlsbad Municipal Cc amended by the addition of Section 21.34.035 to read as follows: -3 - e a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21.34.035 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 21.26.01 3(c) an Inci’ Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.0 1 : EFFECTIVE DATE: This ordinance shall be effective thirty days afi adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it published at least once in a publication of general circulation in the City of Carlsbad 1 fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall yi eflective within the City’s Coastal Zone until approved by the California Coastal Commissi INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Council on the day of 1997, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the C Carlsbad on the day of 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: AEETHA E. RAUTENKRANZ, City Clerk (SEAL) 1 -4-