HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 4039. 0 0
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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:
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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
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
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PC RES0 NO. 4039 -2-
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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.
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(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.
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(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:
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“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)
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