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HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4483i 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 e 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: 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 e 0 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- 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 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 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 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. I I I -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 28 0 0 (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: -3- 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 e “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) -4-