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HomeMy WebLinkAbout2013-03-26; City Council; CS-207; Amending Title 13 Title 18 Sewer Traffic Fees Outdoor Dining Areas...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 EXHIBIT 1 ORDINANCE NO. CS-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL CODE, TITLE 13 — SEWERS AND TITLE 18 — BUILDING CODES AND REGULATIONS, TO CLARIFY SEWER AND TRAFFIC FEES RELATED TO OUTDOOR DINING AREAS The City Council of the City of Carlsbad, California, hereby ordains as follows: SECTION 1: That Title 13, Chapter 13.10, Section 13.10.20, subsection (c) ofthe Carlsbad Municipal Code is amended to read as follows: 13.10.020 — Equivalent dwelling units. (c) Table 13.10.020(c) shall be used to determine equivalent dwelling units. TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (1) Each space of a trailer court or mobilehome park 1.00 (2) Each duplex 2.00 (3) Each separate apartment In an apartment house 1.00 (4) Each housing accommodation designed for occupancy by a single person or one family, Irrespective of the number actually occupying such accommodation 1.00 (5) Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more Individuals Without cooking facilities 0.60 With cooking facilities 1.00 (6) Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty persons or any fraction thereof) 1.33 (7) Restaurants No seating 2.67 Seating (See Note) 2.67 plus 1.00 per each 7 seats or fraction thereof Delicatessen or fast food, using only disposable tableware: No seating 2.67 Seating (See Note) 2.76 plus 1.00 per each 21 seats or fraction thereof (8) Automobile service stations: Not more than four gasoline pumps 2.00 More than four gasoline pumps 3.00 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 (9) Self-service laundries, per each washer .75 (10) Office space in Industrial or commercial establishments not listed above and warehouses Divide the gross floor area of the building In square feet by 1800 (11) Schools: Elementary schools For each sixty pupils or fraction thereof 1.00 Junior high schools For each fifty pupils or fraction thereof 1.00 High schools For each thirty pupils or fraction thereof 1.00 (12) In the case of all commercial. Industrial and business establishments not Included in subdivisions 1 through 10, inclusive, of this subsection, the number of equivalent dwelling units shall be determined in each case by the utilities director and shall be based upon his estimate of the volume and type of wastewater to be discharged Into the sewer. The provisions of Chapter 13.16 shall applv to all cases under this subsection and an Industrial waste permit shall be required. Any such permit, Issued for any use hereunder, shall Include a specific volume of sewage authorized for such use. If said amount Is exceeded. It shall be grounds for revocation of the permit (13) Theme park (LEGOLAND California) per acre 17.00 Note: Seats allowed in incidental outdoor dining areas pursuant to Section 21.26.013, and seats allowed without any parking requirement in outdoor, sidewalk or curb cafes, as defined by and pursuant to the Carlsbad Village Master Plan and Design Manual and the City Council, shall not count towards the generation of equivalent dwelling units. However, any combination of outdoor seats which exceeds the number of indoor seats and therefore is required to be parked, shall count towards the generation of equivalent dwelling units." SECTION 2: That Title 18, Chapter 18.42, Section 18.42.020, subsection (e) of the Carlsbad Municipal Code is amended to read as follows: 18.42.020 — Definitions. (e) "Trip" means an arrival at or a departure from a project by any motor vehicle averaged over a one-day period (12:01 a.m. to 11:59 p.m.) as determined according to Table 18.42.020(e). In using this table, the square footage of the building, structure or use shall include all interior floor area of a building or structure, and all usable ground area of a use without a structure, except any designated open space area. Where the table establishes traffic generation for a project on the basis of square footage, acreage, or some other unit, the unit establishing the greatest number of trips shall be utilized. When a project has more than one use the number of trips shall be calculated by adding J 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 together all the trips generated by each use. For uses not listed in the table the trips shall be calculated by the transportation director. Table 18.42.020(e) Land Use Estimated Weekday Vehicle Trip Generation Rate Agricultural (Open space) 2/acre Airports Commercial 12/acre, 100/fllght, 70/1,000 sq. ft. General aviation 4/acre, 2/fl1ght, 6/based aircraft Heliports 100/acre Automobile Car wash 900/slte. 600/acre Gasoline 750/statlon, 130/pump Sales (Dealer and repair) 40/1,000 sq. ft., 300/acre, 60/serv1ce stall Auto repair center 20/1,000 sq. ft., 400/acre, 20/service stall Banking Bank (Walk-in only) 150/1,000 sq. ft., 1,000/acre Bank (with drive-through) 200/1,000 sq. ft., 1,500/acre Drive-through only 300 (150 one-way)/lane Savings and Loans 60/1,000 sq. ft., 600/acre Drive-through only 100 (50 one-way)/lane Cemeteries 5/acre Church (or Synagogue) 15/1,000 sq. ft., 40/acre (triple rates for Sunday, or days of assembly) Commercial/retail centers Super regional shopping center (more than 60 acres, more than 600,000 sq. ft., with usually 3+ major stores) 40/1,000 sq. ft., 400/acre Regional shopping center (30-60 acres, 300,000- 600,000 sq. ft., with usually 2+ major stores) 50/1,000 sq. ft., 500/acre Community shopping center (less than 10-30 acres, 100,000-300,000 sq. ft., with usually 1 major store and detached restaurant) 70/1,000 sq. ft., 700/acre Neighborhood shopping center (less than 10 acres, less than 100,000 sq. ft., with usually a grocery store and drug store) 120/1,000 sq. ft., 1,200/acre Commercial shops (also strip-commercial) 40/1,000 sq. ft, 400/acre •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 Grocery store 150/1,000 sq. ft., 2,000/acre Convenience market 500/1,000 sq. ft. Discount 70/1,000 sq. ft., 700/acre Furniture store 6/1,000 sq. ft., 100/acre Lumber store 30/1,000 sq. ft., 150 acre Hardware/paint store 60/1,000 sq. ft., 600/acre Garden nursery 40/1,000 sq. ft., 90/acre Education University (4 years) 2.5/student, 100/acre Junior college (2 years) 1.6 student, 80/acre High school 1.4 student, 50/acre Middle/Junior High 1.0 student, 40/acre Elementary 1.4 student, 60/acre Day care 3/ch1ld, 70/1,000 sq. ft. Hospitals General 20/bed, 20/1,000 sq. ft., 200/acre Convalescent/Nursing 3/bed Industrial Industrial/Business park (commercial included) 16/1,000 sq. ft., 200/acre Industrial park (no commercial) 8/1,000 sq. ft., 90/acre Industrial park (multiple shifts) 10/1,000 sq. ft., 120/acre Manufacturing/Assembly 4/1,000 sq. ft., 60/acre Warehousing 5/1,000 sq. ft., 60/acre Storage 2/1,000 sq. ft., 0.2/vault, 30/acre Science, research and development 8/1,000 sq. ft., 80/acre Library 40/1,000 sq. ft., 400/acre Lodging Hotel (with convention facilities/restaurant) 10/room, 300/acre Motel 9/room, 200/acre Resort hotel 8/room, 100/acre Military 2.5 military and civilian personnel Offices Standard commercial office (less than 100,000 sq. ft.) 20/1,000 sq. ft., 300/acre Large (high-rise) commercial office (more than 100,000 17/1,000 sq. ft., 600/acre -4- 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 sq. ft.) Standard commercial office (less than 100,000 sq. ft.) 20/1,000 sq. ft., 300/acre Corporate office (single user) 10/1,000 sq. ft., 140/acre Government office (single user) 30/1,000 sq. ft. Post office 150/1,000 sq. ft. Department of motor vehicles 180/1,000 sq. ft., 900/acre Medical 50/1,000 sq. ft., 500/acre Parks City (developed) 50/acre Regional (undeveloped) 5/acre Neighborhood 5/acre Amusement (theme) 80/acre, 130/acre (summer only) San Diego Zoo 115/acre Sea World 80/acre Recreation Beach, ocean or bay 600/1,000 ft. shoreline, 60/acre Beach, lake (fresh water) 50/1,000 ft. shoreline, 5/acre Bowling center 30/lane, 300/acre Campground 4/camps1te Golf course 8/acre, 600/course Marinas 4/berth, 20/acre Racquetball/health club 40/1,000 sq. ft., 300/acre, 40/court Tennis courts 30/1,000 sq. ft., 30/court Sports facilities Outdoor stadium 50/acre, 0.2/seat Indoor arena 30/acre, 0.1/seat Racetrack 40/acre, 0.6/seat Theaters (multiplex) 80/1,000 sq. ft., 1.8/seat Residential (See Note 1) Single-family detached 10/dwell1ng unit Condominium 8/dwelling unit Apartments 6/dwell1ng unit Mobile home Family 5/dwelling unit, 40/acre Adults only 3/dwelll1ng unit, 20/acre Retirement community 4/dwell1ng unit -5- 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 Rural estate 12/dweUing unit Congregate care facility 2/dwelling unit Restaurants (See Note 2) Quality 1^/1,000 sq. ft., 500/acre Sit-down, high turnover 300/1,000 sq. ft., 1,200/acre Fast food (with drive-through) 700/1,000 sq. ft., 3,000/acre Transportation facilities Bus depot 25/1,000 sq. ft. Truck terminal 10/1,000 sq. ft., 60/acre Waterport 170/berth, 12/acre Transit station (rail) 300/acre Note 1: As used in this table, "Single-family detached," "Condominium" and "Apartments" shall be defined consistent with the Institute of Transportation Engineers guidebook "Trip Generation." "Condominium" is defined as single family ownership units that have at least one other single-family owned unit within the same building structure. "Apartments" are defined as rental dwelling units located within the same building as at least three other dwelling units. Duplexes that are not individual ownership units will be assessed at the "Condominium" generation rate. Note 2: Square footage of dining area allowed in incidental outdoor dining areas pursuant to Section 21.26.013, and square footage of dining area allowed without any parking requirement in outdoor, sidewalk or curb cafes, as defined by and pursuant to the Carlsbad Village Master Plan and Design Manual and the City Council, shall not count towards the generation of trips. However, any combination of outdoor dining area square footage which exceeds the amount of indoor dining area square footage shall count towards the generation of trips." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at Jeast once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. /// /// /// /// -6-7 1 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on 2 the 12*^ day of March, 2013, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the 26*'' day of March, 2013, by the following vote to wit: 5 ^ AYES: Council Members Wood, Blackburn and Douglas. ^ NOES: None. ABSENT: Council Members Hall and Packard. ABSTAIN: None. 8 9 10 1 ^ APPROVED AS TO FORM AND LEGALITY 12 13 14 15 16 17 18 19 20 CELIA A. BRHWER, Crt\ City Attorney TTH'ALL.'Mavor MATT HALL, Mayor ATTEST: BT^RBARA ENGLESON, City Clerk 91 (SEAL) 22 "^^^^^^^^ 24 \ i^'^" 25 26 27 28 CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-207 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS- 207 is to be considered at the City Council Meeting to be held on the 26th day of March, 2013. 2.) That a certified copy of the full text of Ordinance No. CS-207 was posted in the City Clerk's Office on the 22nd day of March 2013. 3.) That a summary of the Ordinance was published in the North County Times, on the 22nd day of March 2013. DONNA HERATY, Deputy City C Dated: 3 a 3 (Seal) DONNA HERATY, Deputy C Certification of Posting and Publication of Ordinance No. CS-207 Page 2 4.) That Ordinance No. CS-207 was adopted on the 26th day of March, 2013. 5.) That a certified copy of the full text of Ordinance No. CS-207, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 5th day of April, 2013. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the 5th day of April, 2013. Dated: April 5, 2013. (Seal)