HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 4040t - /-
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PLANNING COMMISSION RESOLUTION NO. 4040
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO FIVE SEGMENTS
(EXCLUDING THE REDEVELOPMENT AREA) OF THE
CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT
AMENDMENTS TO CHAPTERS 20.04, 21.26, 21.27, 21.28,
21.29,21.30,21.32, AND 21.34 DEALING WITH INCIDENTAL
OUTDOOR DINING AREAS AS THE IMPLEMENTATION
ORDINANCES FOR CARLSBAD’S LOCAL COASTAL
PROGRAMS
CASE NAME: INCIDENTAL OUTDOOR DINING AREAS
CASE NO: LCPA 96-10
WHEREAS, California State law requires that the Local Coastal Program, ar
implementing zoning provisions for properties in the Coastal Zone be in conformance; and
WHEREAS, the City of Carlsbad, “Applicant”, has filed a verified applic
for an amendment to the Local Coastal Program designations regarding property own(
various property owners, “Owner”, described as Citywide, (“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Cc
Program Amendment as shown on Exhibit “Y” dated May 7, 1997, as provided in E
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of
14 of the California Code of Regulations of the California Coastal Commission Administ
Regulations; 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 testil
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review peric
any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pk
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on Novc
7,1996, and ending on December 19,1996.
C) That based on the evidence presented at the public hearing, the Comm
RECOMMENDS APPROVAL of LCPA 96-10 based on the following fin
and subject to the following conditions:
Findings: -
1. That the proposed Local Coastal Program Amendment is consistent with all appl
policies of the Mello I, Mello 11, Agua Hedionda, East Batiquitosmunt, and
Batiquitos/Sammis segments of the Carlsbad Local Coastal Program, in thb
proposed amendment is limited in its nature and will not change existing regulr
prohibiting or restricting development on sensitive slopes, bluff tops, or agricu
lands, and will not change any requirements for vista pointshiew corridors.
2. That the proposed amendment to the Mello I, Mello 11, Agua Hedionda,
BatiquitosEIunt, and West Batiquitos/Sammis segments of the Carlsbad Local C
Program is required to maintain consistency between the proposed amendmenl
code and the City's Local Coastal Program.
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PC RES0 NO. 4040 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Pla
Commission of the City of Carlsbad, held on the 7th day of May 1997, by the following vc
wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman, Mc
Noble, Savary, and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBEkT NIELSEN, Chairperson
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CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4040 -3 -
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a a EXHIBI’I
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.: LCPA 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 Redevelor
Area Local Coastal Program Segment, a small extension of an indoor restaurant, bona fide t
establishment, or deli which extends outdoors beyond the walls of the restaurant and wh
used exclusively for eating, drinking, and pedestrian circulation therein. Incidental ou
dining areas shall be utilized only as extensions of restaurants providing indoor seatinl
which are properly licensed for such service. Incidental outdoor dining areas may be locat
private property only (not in the public right-of-way). The maximum number of seats, t,
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 sixteer
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 Ca
Municipal Code. Any amount of outdoor dining area exceeding the above limitations sha.
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 21.26.01 3 to read as follows:
“21 26.013 Incidental Outdoor Dining Areas Demitted by administrative aermit.
Incidental outdoor dining areas may be approved by administrative permit for restau
bonafide eating establishments, and deli’s in the C-1, 0, C-2, C-T, C-M, M, and P-M zones 01
of the Redevelopment Area. The owner of the subject property shall make written applicati
the Director. Such application shall include all materials deemed necessary by the Director to
that the requirements of Subsection (c) hereof are met. If the site is in the Coastal Zont
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
working days prior to the decision on the application as follows:
(1) Contents. The notice shall include all requirements of Section 21 S4.r
this code, including a notice of a public comment period of at least 15 working days sufficj
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 I
that person’s ability to appeal approval of the administrative permit by the Director to the Pk
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 not
received by the city within 15 working days from the date of sending the notice. If a requesl
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 PI
unless the decision is appealed to the Planning Commission, the Director shall provide a not
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 comply
the following development standards:
(1) All applicable requirements of the State of California Disabled A
Regulations (Title 24).
(2) All applicable requirements of the Alcoholic Beverage Commissic
alcoholic beverages are served in the outdoor area.
(3) Be operated only during the hours of operation of the associated restaur:
(4) Provide adequate circulation to accommodate normal pedestrian traffil
circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/f;
shall be a minimum 42” wide.
(5) Not be located where the area would:
(A) encroach into the public right-of-way;
I (B) eliminate any existing parking spaces;
(C) interfere with vehicle or pedestrian circulation;
(D) remove or reduce existing landscaping (unless equivalent addit
(E) present a traffic hazard; or,
(F) be incompatible with outdoor dining, in the opinion of the
landscaping is provided elsewhere to the satisfaction of the Planning Director);
Engineer, because of the speed, volume, or nearness of vehicular traffic.
(6) When calculating square footage for purposes of determining par
required per Chapter 21.44 of this Code, space used for incidental outdoor dining areas pursua
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 2 1.27.035 to read as follows:
“21.27.035 Incidental Outdoor Dining Areas permitted by administrative permit.
Subject to the development standards set forth in section 21.26.0 13(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:
“2 1.28.012 Incidental Outdoor Dining Areas permitted by administrative permit.
Subject to the development standards set forth in section 21.26.013(c) an Incic
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.01 2
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 Incic
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013
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 Incic
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.0131
SECTION VII: That Title 2 1, Chapter 21.32 of the Carlsbad Municipal Co,
amended by the addition of Section 21.32.015 to read as follows:
“21.32.01 5 Incidental Outdoor Dining Areas permitted by administrative permit.
Subject to the development standards set forth in section 21.26.013(c) an Incid
Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.01 3r
SECTION VIII: That Title 21, Chapter 21.34 of the Carlsbad Municipal Coi
I amended by the addition of Section 21.34.035 to read as follows:
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“2 1.34.035 Incidental Outdoor Dining Areas permitted by administrative permit.
Subject to the development standards set forth in section 21.26.013(c) an Inti'
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.01:
EFFECTIVE DATE: This ordinance shall be effective thirty days aft
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 \.
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall yi
effective 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:
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ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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