HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4483i
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PLANNING COMMISSION RESOLUTION NO. 4483
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
CHAPTERS 20.04,21.26,21.27,21.28, 21.29,21.30,21.32, AND
21.34 RELATING TO INCIDENTAL OUTDOOR DINING
AREAS ON PROPERTY LOCATED CITYWIDE OUTSIDE OF
THE REDEVELOPMENT AREA AND OUTSIDE OF THE
CASE NAME: INCIDENTAL OUTDOOR DINING
AREAS I1
CASE NO: ZCA 99-01
WHEREAS, the Planning Director has prepared a proposed ZOI
COMMERCIALNISITOR-SERVING OVERLAY ZONE
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to
allow Incidental Outdoor Dining Areas associated with
restaurants on private property citywide outside of the
Redevelopment Area and outside of the CommerciaWisitor-
Serving Overlay Zone
(“the property”); and
WHEREAS, the proposed amendment is set forth in the draft City 1
Ordinance, Exhibit “X” dated, March 17, 1999, and attached hereto INCIDE
OUTDOOR DINING AREAS I1 ZCA 99-01; and
WHEREAS, the Planning Commission did on the 17th day of March 1
on the 21st day of April 1999, hold a duly noticed public hearing as prescribed b:
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a:
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the :
Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
RECOMMENDS APPROVAL of INCIDENTAL OUTDOOR
AREAS I1 (ZCA 99-01), based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 99-01 is consistent with the
Plan in that it does not create a new use not already allowed or anticipate1
General Plan.
2. That the proposed ZCA reflects sound principles of good planning in that it 1
change the types of uses already allowed in any zoning district and is, tl
consistent with the intent of Chapters 21.04, 21.26, 21.27, 21.28, 21.29, 21.3
and 21.34 and it continues to require adequate parking for allowed uses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, held on the 21st day of April 1999, by the follow
to wit:
AYES: Chairperson Heineman, Commissioners Cornpas, L'Heurel
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas
ABSTAIN:
I ( /i@; ,~, ' , i i
/
COURTNEY E.'?lkINEWChairperson
\I.'. 1,
CARLSBAD PLANNING COMMISSION
~ ATTEST: -
Planning Director
PC RES0 NO. 4483 -2-
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0 0 Exhi
March 1
ORDINANCE NO.
A ZONE CODE AMENDMENT AND LOCAL COASTAL
PROGRAM 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 RELATING
TO INCIDENTAL OUTDOOR DINING AREAS ON
PROPERTY LOCATED CITYWIDE OUTSIDE OF THE
REDEVELOPMENT AREA.
CASE NAME: INCIDENTAL OUTDOOR DINING AREAS I1
CASE NO.: ZCA 99-01
The City Council of the City of Carlsbad, California, does ordain as follo
SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is
by the addition of Section 21.04.188.1 to read as follows:
“21.04.1 88.1 Incidental Outdoor Dining Areas.
Incidental Outdoor Dining Area” means, everywhere except within the Redev
Area Local Coastal Program Segment and except within the Commercial/Visito
Overlay Zone, a small extension of an indoor restaurant, bona fide eating establishmer
which extends outdoors beyond the walls of the restaurant and which is used exclu:
eating, drinking, and pedestrian circulation therein. Incidental Outdoor Dining Areas
utilized only as extensions of restaurants providing indoor seating and which are
licensed for such service. On properties located west of the railroad right-of-way and c
the Village Redevelopment Area, Incidental Outdoor Dining Areas shall be allowed or
the existing indoor restaurant, bona fide eating establishment, or deli provides on-site p
compliance with the parking ratios specified in Chapter 21.44 (Parking Ordinancc
Municipal Code. Incidental Outdoor Dining Areas may be located on private property
in the public right-of-way). The maximum number of seats, tables, and square feet alloy
Incidental Outdoor Dining Area shall be limited to:
(i) a maximum of 20% of the number of indoor seats or a maximum of tw
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 21.2
Carlsbad Municipal Code. Any amount of outdoor dining area exceeding the above li
shall not be considered “incidental” for purposes of this definition.”
SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is
by the addition of Section 21.26.013 to read as follows:
“21.26.013 Incidental Outdoor Dining Areas Demitted by administrative pen
Incidental Outdoor Dining Areas may be approved by administrative permit for re
bonafide eating establishments, and deli’s in the C-1, 0, C-2, C-T, C-M, M, and P-M zonl
of the Redevelopment Area and outside of the CommerciaWisitor-Serving Overlay Zone
those sites located within the Coastal Zone west of the railroad right-of-way which do nc
parking for their indoor seating on-site in compliance with Chapter 21.44 (Parking Ordi
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the Municipal Code. The owner of the subject property shall make written applicatil
Planning Director. Such application shall include all materials deemed necessary by the C
show that the requirements of Subsection (c) hereof are met. If the site is in the Coastal
application shall also constitute an application for a Coastal Development Permit.
(a) The Director shall give written notice to all property owners within 300 f
subject property of pending development decision after the application is complete, at le;
calendar days prior to the decision on the application as follows:
(1) Contents. The notice shall include all requirements of Section 21,
this code, including a notice of a public comment period of at least 15 calendar days su:
receive and consider comments submitted by mail prior to the date established for the
The notice shall also include a statement that a public hearing shall be held upon reque;
person and a statement that failure by a person to request a public hearing may result in tl
that person’s ability to appeal approval of the administrative permit by the Director to the
Commission.
(b) The Director may approve, approve with conditions, or deny the pern
Director may waive a public hearing on an administrative permit if notice has been prc
accordance with subsection (a)(l) of this section and a request for a public hearing has
received by the city within 15 calendar days from the date of sending the notice. If a req
public hearing is received, a public hearing before the Director shall be held in the same r
a Planning Commission hearing. In either event, the Director’s decision shall be based
requirements of, and shall include, specific factual findings supporting whether the projet
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 decisio~
the date the writing containing the decision or determination is mailed or otherwise delive*
person or persons affected by the decision. If the matter includes a Coastal Developmen
unless the decision is appealed to the Planning Commission, the Director shall provide a
final action in accordance with Sections 21.201.160 and 21.201.170.
(c) Development Standards. All Incidental Outdoor Dining Areas shall con-
the following development standards:
(1) All applicable requirements of the State of California Disablec
Regulations (Title 24).
(2) All applicable requirements of the Alcoholic Beverage Cow
alcoholic beverages are served in the outdoor area.
(3) Be operated only during the hours of operation of the associated res
(4) Provide adequate circulation to accommodate normal pedestrian tr
circulation for the outdoor dining area. Pedestrian clearance between tables andor wa’
shall be a minimum 42” wide.
(5) Not be located where the Incidental Outdoor Dining 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 a
landscaping is provided elsewhere to the satisfaction of the Planning Director);
(E) present a traffic hazard; or,
(F) be incompatible with outdoor dining, in the opinion of
Engineer, because of the speed, volume, or nearness of .
traffic.
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(6) When calculating square footage for purposes of determining parkinl
per Chapter 21.44 of this Code, space used for Incidental Outdoor Dining Areas pursui
section shall be excluded.
SECTION 111: That Title 2 1, Chapter 2 1. 27 of the Carlsbad Municipal Code is
by the addition of Section 21.27.035 to read as follows:
“21.27.035 Incidental Outdoor Dining Areas permitted by administrative pen
Subject to the development standards set forth in section 21.26.013(c) an 1
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26
SECTION IV: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is
by the addition of Section 21.28.012 to read as follows:
“21.28.012 Incidental Outdoor Dining Areas permitted by administrative perm:
Subject to the development standards set forth in section 21.26.013(c) an I
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.
SECTION V: That Title 21, Chapter 21. 29 of the Carlsbad Municipal Code is
by the addition of Section 21.29.045 to read as follows:
“21.29.045 Incidental Outdoor Dining Areas permitted by administrative pen;
Subject to the development standards set forth in section 21.26.013(c) an I
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.
SECTION VI: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is ;
by the addition of Section 21.30.015 to read as follows:
“21.30.015 Incidental Outdoor Dining Areas permitted bv administrative pern
Subject to the development standards set forth in section 21.26.013(c) an L
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.1
SECTION VII: That Title 2 1, Chapter 21.32 of the Carlsbad Municipal
amended by the addition of Section 21.32.015 to read as follows:
“21.32.015 Incidental Outdoor Dining Areas permitted by administrative pem
Subject to the development standards set forth in section 21.26.013(c) an b
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.(
SECTION VIII: That Title 2 1, Chapter 21.34 of the Carlsbad Municipal
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 bv administrative Pen:
Subject to the development standards set forth in section 21.26.013(c) an 1
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and caust
published at least once in a publication of general circulation in the City of Carlsb:
fifteen days after its adoption. (Not withstanding the preceding, this ordinance sha
effective within the City’s Coastal Zone until approved by the California Coastal Comm
INTRODUCED AND FIRST READ at a regular meeting of the Carls
Council on the day of 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of th
Carlsbad on the day of 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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