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Home My WebLink About1999-06-22; City Council; NS-492; CMC 21.04/.26-.30/.32/.34 amends - Incidental outdoor dining areas II...t 0 a 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-497, 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 AND OUTSIDE OF THE COMMERCIALNISITOR-SERVING OVERLAY ZONE. CASE NAME: INCIDENTAL OUTDOOR DINTNG AREAS I1 CASE NO.: ZCA 99-01 The City Council of the City of Carlsbad, California, does ordain as fi SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code 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 Re( Area Local Coastal Program Segment and except within the CommerciaWi: Overlay Zone, a small extension of an indoor restaurant, bona fide eating establish which extends outdoors beyond the walls of the restaurant and which is used exc eating, drinking, and pedestrian circulation therein. Incidental Outdoor Dining AI utilized only as extensions of restaurants providing indoor seating and which. , the Village Redevelopment Area, Incidental Outdoor Dining Areas shall be allowec the existing indoor restaurant, bona fide eating establishment, or deli provides on-si1 compliance with the parking ratios specified in Chapter 21.44 (Parking Ordin: Municipal Code. Incidental Outdoor Dining Areas may be located on private prope in the public right-of-way). The maximum number of seats, tables, and square feet a Incidental Outdoor Dining Area shall be limited to: (i) a maximum of 20% of the number of indoor seats or a maximum of 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 ; Carlsbad Municipal Code. Any amount of outdoor dining area exceeding the abov shall not be considered “incidental” for purposes of this definition.” licensed for such service. On properties located west of the railroad right-of-way ar SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Codc by the addition of Section 21.26.013 to read as follows: “21.26.013 Incidental Outdoor Dining Areas permitted by administrative 1 Incidental Outdoor Dining Areas may be approved by administrative permit fo bona fide eating establishments, and deli’s in the C-1, 0, C-2, C-T, C-M, M, and P-M ; of the Redevelopment Area and outside of the CommerciaWisitor-Serving Overlay Zc those sites located within the Coastal Zone west of the railroad right-of-way which dc ? 0 e 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 parking for their indoor seating on-site in compliance with Chapter 21.44 (Parking Or the Municipal Code. The owner of the subject property shall make written applicl Planning Director. Such application shall include all materials deemed necessary by the show that the requirements of Subsection (c) hereof are met. If the site is in the Coast: application shall also constitute an application for a Coastal Development Permit. (a) The Director shall give written notice to all property owners withm 30C subject property of pending development decision after the application is complete, at calendar days prior to the decision on the application as follows: (1) Contents. The notice shall include all requirements of Section 2 ths code, including a notice of a public comment period of at least 15 calendar days : receive and consider comments submitted by mail prior to the date established for t The notice shall also include a statement that a public hearing shall be held upon req person and a statement that failure by a person to request a public hearing may result il that person’s ability to appeal approval of the administrative permit by the Director to 1 Commission. (b) The Director may approve, approve with conditions, or deny the p Director may waive a public hearing on an administrative permit if notice has been accordance with subsection (a)(l) of this section and a request for a public hearing 1- received by the city within 15 calendar days fiom the date of sending the notice. If a 1 public hearing is received, a public hearing before the Director shall be held in the sam a Planning Commission hearing. In either event, the Director’s decision shall be bas requirements of, and shall include, specific factual findings supporting whether the prc 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 deci: the date the writing containing the decision or determination is mailed or otherwise del person or persons affected by the decision. If the matter includes a Coastal Develop] unless the decision is appealed to the Planning Commission, the Director shall provid final action in accordance with Sections 21.201.160 and 21.201.170. (c) Development Standards. All Incidental Outdoor Dining Areas shall 1 the following development standards: (1) All applicable requirements of the State of California Disa Regulations (Title 24). (2) All applicable requirements of the Alcoholic Beverage Cor alcoholic beverages are served in the outdoor area. (3) Be operated only during the hours of operation of the associated (4) Provide adequate circulation to accommodate normal pedestriz circulation for the outdoor dining area. Pedestrian clearance between tables and/or shall be a minimum 42” wide. (5) Not be located where the Incidental Outdoor Dining Area wouli (A) encroach into the public right-of-way; (B) eliminate any existing parlung spaces; (C) interfere with vehicle or pedestrian circulation; (D) remove or reduce existing landscaping (unless equivalc (E) present a traffic hazard; or, (F) be incompatible with outdoor dining, in the opinion Engineer, because of the speed, volume, or nearness traffic. (6) When calculating square footage for purposes of determining par I landscaping is provided elsewhere to the satisfaction of the Planning Director); 1 -2- 0 e 1 2 3 4 5 6 per Chapter 21.44 of this Code, space used for Incidental Outdoor Dining Areas pur! section shall be excluded.” SECTION 111: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code by the amendment of Subsection 21.26.021(1) to read as follows: “(1) All uses shall be conducted wholly within a building except such usel stations, electrical transformer substations, nurseries for sale of plants and flowel enterprises customarily conducted in the open;” 7 II 8 9 SECTION IV: That Title 21, Chapter 21, 27 of the Carlsbad Municipal Code by the addition of Section 21.27.035 to read as follows: 10 “21.27.035 Incidental Outdoor Dining Areas permitted by administrative 1 Subject to the development standards set forth in section 21.26.013(c) a 11 12 Outdoor Dining Area may be approved by administrative permit pursuant to section 21 13 SECTION V: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code 14 by the amendment of Subsection 21.28.020(1) to read as follows: 18 SECTION VI: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code 17 Outdoor Dining Area may be approved by administrative permit pursuant to section 21 16 Subject to the development standards set forth in section 21.26.013(c) a 15 “21.28.012 Incidental Outdoor Dining; Areas Dermitted bv administrative De by the addition of Section 21.28.012 to read as follows: 19 20 21 22 23 “(1) All uses shall be conducted wholly within a building except such use stations, electrical transformer substations, horticultural nurseries, and other customarily conducted in the open.” SECTION VII: That Title 21, Chapter 21. 29 of the Carlsbad Munic amended by the addition of Section 21.29.045 to read as follows: 24 “21.29.045 Incidental Outdoor Dining - Areas Dermitted bv administrative 1 Subject to the development standards set forth in section 21.26.013(c) : 25 Outdoor Dining Area may be approved by administrative permit pursuant to section 21 26 SECTIONVIII: That Title 21, Chapter 21.30 of the Carlsbad Munic 27 amended by the addition of Section 21.30.015 to read as follows: 28 “21.30.015 Incidental Outdoor Dining Areas permitted bv administrative Subject to the development standards set forth in section 21.26.013(c) ~ ll -3- (( I1 0 e 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 Outdoor Dining Area may be approved by administrative permit pursuant to section 21. SECTION IX: That Title 21, Chapter 21. 30 of the Carlsbad Municipal Code by the amendment of Subsection 21.30.020(2) to read as follows: “(2) All uses shall be conducted wholly within a completely enclosed within an area enclosed on all sides with a solid wall or uniformly painted fence not 1( feet in height, except such uses as gasoline stations, electrical transformer horticultural nurseries, and other enterprises customarily conducted in the open, prl exclusion shall not include storage yards, contractor’s yards and like uses;” SECTION X: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code by the addition of Section 21.32.015 to read as follows: “21.32.015 Incidental Outdoor Dining Areas permitted by administrative I: Subject to the development standards set forth in section 21.26.01 3(c) a Outdoor Dining Area may be approved by administrative permit pursuant to section 21 SECTION XI: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code by the addition of Section 21.34.035 to read as follows: “21.34.035 Incidental Outdoor Dining Areas permitted by administrative F Subject to the development standards set forth in section 21.26.013(c) a Outdoor Dining Area may be approved by administrative permit pursuant to section 21 l/l Ill I// /I/ /I/ Ill Ill Ill /I1 //I Ill -4- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ EFFECTIVE DATE: This ordinance shall be effective thirty d adoption, and the City Clerk shall certify to the adoption of this ordinance and ci published at least once in a publication of general circulation in the City of Car fifteen days after its adoption. (Not withstanding the preceding, this ordinance , effective within the City’s Coastal Zone until approved by the California Coastal COI INTRODUCED AND FIRST READ at a regular meeting of the C Council on the 15 day of June 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council c Carlsbad on the 22 day of June 1999, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall & JQ NOES: None ABSENT: None 1 ATTEST: I &iz% Z, City Clerk j (SEAL) I/ KARFN R. KUNDTZ, Assistant Cityclerk 24 25 26 27 28 ~ -5-