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Home My WebLink About1997-09-16; City Council; NS-420; CMC 21 amends - Incidental outdoor dining areas.... 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 ORDINANCE NO. NS-420 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 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 follow SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is a 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 Redevel Area Local Coastal Program Segment, a small extension of an indoor restaurant, bona fid establishment, or deli which extends outdoors beyond the walls of the restaurant and \. used exclusively for eating, drinking, and pedestrian circulation therein. Incidental dining areas shall be utilized only as extensions of restaurants providing indoor seat which are properly licensed for such service. Incidental outdoor dining areas may be lo( private property only (not in the public right-of-way). The maximum number of seats 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 twe 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 ( Municipal Code. Any amount of outdoor dining area exceeding the above limitations : be considered “incidental” for purposes of this definition.” SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is 2 by the addition of Section 21.26.013 to read as follows: “21.26.01 3 Incidental Outdoor Dining Areas permitted by administrative pem Incidental outdoor dining areas may be approved by administrative permit for res bonafide eating establishments, and deli’s in the C-1 , 0, C-2, C-T, C-My M, and P-M zone of the Redevelopment Area. The owner of the subject property shall make written appli the Planning Director. Such application shall include all materials deemed necessT Director to show that the requirements of Subsection (c) hereof are met. If the site is in thc Zone, the application shall also constitute an application for a Coastal Development Permit j 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 (a) The Director shall give written notice to all property owners within 300 e subject property of pending development decision after the application is com@ete, at lea working 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 working days suf 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 pem D,irector 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 working days from the date of sending the notice. If a reqt public hearing is received, a public hearing before the Director shall be held in the same n- 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 projec 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 the date the writing containing the decision or determination is mailed or otherwise deliver 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 2 1.20 1.160 and 21.20 1.170. (c) Development Standards. All Incidental Outdoor Dining Areas shall com the following development standards: (1) All applicable requirements of the State of California Disabled Regulations (Title 24). (2) All applicable requirements of the Alcoholic Beverage Commi, alcoholic beverages are served in the outdoor area. (3) Be operated only during the hours of operation of the associated rest; (4) Provide adequate circulation to accommodate normal pedestrian tri circulation for the outdoor dining area. Pedestrian clearance between tables and/or wal: 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; @) remove or reduce existing landscaping (unless equivalent ac (E) present a traffic hazard; or, (F) be incompatible with outdoor dining, in the opinion of 1 Engineer, because of the speed, volume, or nearness of vehicular traffk. (6) When calculating square footage for purposes of determining required per Chapter 21.44 of this Code, space used for incidental outdoor dining areas pul this section shall be excluded. landscaping is provided elsewhere to the satisfaction of the Planning Director); -2- 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 SECTION 111: That Title 2 1, Chapter 2 1. 27 of the Carlsbad Municipal Code is i by the addition of Section 21.27.035 to read as follows: “21.27.035 Incidental Outdoor Dining Areas Dermitted by administrative pem 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 2 1.26.k SECTION IV: That Title 21, Chapter 2 1. 28 of the Carlsbad Municipal Code is 2 by the addition of Section 21.28.012 to read as follows: “21.28.012 Incidental Outdoor Dining Areas permitted by administrative Dermil Subject to the development standards set forth in section 21.26.01 3(c) an 11 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 i by the addition of Section 21.29.045 to read as follows: “2 1.29.045 Incidental Outdoor Dining Areas permitted bv administrative uerm Subject to the development standards set forth in section 21.26.013(c) an 11 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 2 by the addition of Section 21.30.01 5 to read as follows: “21.30.01 5 Incidental Outdoor Dining Areas permitted by administrative Derm Subject to the development standards set forth in section 21.26.013(c) an II! Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.C SECTION VII: That Title 21, 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 perm Subject to the development standards set forth in section 21.26.013(c) an Ir Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.( SECTION VIII: That Title 21, Chapter 21.34 of the Carlsbad Municipal amended by the addition of Section 21.34.035 to read as follows: “21.34.035 Incidental Outdoor Dining Areas permitted by administrative perm Subject to the development standards set forth in section 21.26.013(c) an Ir I n II -3 - +I 0 0 I1 1 Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.0' 2 SECTION IX: SUNSET CLAUSE: That this ordinance shall remain in effect on 3 1 midnight October 17, 1998, and as of that date is repealed unless an ordinance which is I 4 11 before October 17, 1998, deletes or extends that date. 5 6 11 EFFECTIVE DATE: This ordinance shall be effective thirty days 2 7 8 9 published at least once in a publication of general circulation in the City of Carlsbad 11 eflective within the City's Coastal Zone until approved by the California Coastal Commi: lo fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall INTRODUCED AND FIRST READ at a regular meeting of the Carlsb 12 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause I Council on the 9th day of SEPTEMBER 1997, and thereafter. l3 I l4 I PASSED AND ADOPTED at a regular meeting of the City Council of the 15 ll Carlsbad on the 16th day of SEPTEMBER 1997, by the following vote, to wit: 16 NOES: None 17 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hz l8 I ABSENT: None 19 20 21 22 ABSTAIN: N I 23 25 ATTEST: 24 '1 261 LtLGG!LR. 2-T AEETHA L. MUTENKRANZ, City Cler 27 ,/ (SEAL) I1 28 li -4-