HomeMy WebLinkAbout2018-07-24; City Council; CS-333; AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.24...ORDINANCE NO. CS-333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.24; TITLE 8, CHAPTER 8.09;
TITLE 11, CHAPTER 11.44; TITLE 13, CHAPTER 13.10; AND TITLE 18, CHAPTER
~8.42 TO RECOGNIZE THE VILLAGE AND BARRIO MASTER PLAN, WHICH
WOULD REGULATE DEVELOPMENT AND LAND USE FOR THE VILLAGE AND
BARRIO, AN APPROXIMATELY 350-ACRE AREA WEST OF INTERSTATE 5 AND
GENERALLY BETWEEN LAGUNA DRIVE AND TAMARACK AVENUE IN THE
CITY'S NORTHWEST QUADRANT.
CASE NO.: MCA 16-01
The City Council of the City of Carlsbad ordains as follows that:
1. Carlsbad Municipal Code Section 2.24.060 is amended to read as follows:
EXHIBIT 1
In addition to the duties specified by this chapter, the planning commission shall perform the
duties and have all the rights, powers and privileges specified and provided for by city or state law. For
the Village and Barrio Master Plan, the planning commission shall be responsible for the administration
of, and shall carry out the duties specified in Chapters 21.35 and 21.81 ofthe Carlsbad Municipal Code.
2. Carlsbad Municipal Code Section 8.09.080 A.6 is amended to read as follows:
The proposed entertainment establishment does not comply with all applicable laws, including
but not limited to: health, zoning, building, and fire code requirements. Prior to granting a license, the
chief of police or designee shall obtain certification from the fire chief, city planner, and building official
that the proposed use is in compliance with the land use and zoning provisions of the applicable
municipal codes provisions and Village and Barrio Master Plan (if applicable), and that the structures
are suitable and safe for the proposed operation of an entertainment establishment.
3. Carlsbad Municipal Code Section 8.44.040 is amended to read as follows:
8.44.040 Consuming or possessing an open container of alcoholic beverages in certain
public places and parks owned by the city prohibited.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic
beverage that has been opened, or a seal broken, or the contents of which have been partially
removed, nor shall any person consume any alcoholic beverage in any city-owned public places and
park identified in this section as:
1. Any public street, sidewalk, alley, highway or public parking lot in the city's V-B
Village Barrio Zone, as that zone is designated in Chapter 21.35 of this code, as amended, and
specifically within or adjacent to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee
and Maxton Brown parks) of the Village and Barrio Master Plan.
July 24, 2018 Item #13 Page 3 of 50
2. Rotary Park located at 2900 block of Washington Street, bordered to the west
by Washington Street, bordered to the east by the west alley of State Street immediately east of the
Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad Village Drive and
bordered to the north by Grand Avenue in the City of Carlsbad.
B. Any of the prohibitions set forth in this section may be waived during a special event
when a special event permit requesting a waiver has been granted by the city manager or designee.
C. This section does not apply when an individual is in possession of an alcoholic beverage
container within a sidewalk cafe or curb cafe that is approved and permitted as required by the Village
and Barrio Master Plan and the California Department of Alcoholic Beverage Control.
D. This section does not apply when an individual is in possession of an alcoholic beverage
container for the purpose of recycling or other related activity.
4. Carlsbad Municipal Code Section 11.44.010 is amended to read as follows:
The provisions of the chapter shall apply generally to all zones within the city, including the V-
B, Village-Barrio Zone . No "sign" as defined in the sign ordinance (Chapter 21.41), may be displayed on
city property, unless a city property sign permit has first been issued, or the subject sign is expressly
exempted from the city property sign permit requirement by this chapter.
A sign may be affixed, erected, constructed, placed, established, mounted, created or maintained only
in conformance with the standards, procedures and other requirements of this chapter. The standards
regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise
stated.
5. Carlsbad Municipal Code Section 11.44.050 is amended by revising the section title to
read as follows:
11.44.050 Permits for A-frame signs in the V-B, Village-Barrio Zone, bearing commercial
messages for adjacent establishments or noncommercial messages.
6. Carlsbad Municipal Code Section 11.44.050 B.1 is amended to read as follows:
"A-frame" signs, as that term is defined in the sign ordinance, may be placed in particular
portions of the public right-of-way, within the V-B, Village-Barrio Zone only, namely, on the public
sidewalk directly in front of the store or other establishment displaying the sign.
7. Carlsbad Municipal Code Chapter 11.44.050 B.3 is amended to read as follows:
All such signs may be placed in the permitted space on the public right.:.of-way only when the
establishment is actually open to the public for business. A person employed by or associated with the
establishment must be physically present within 50 feet of the sign at all times. The sign must be placed
on the public sidewalk within the two feet closest to the curb or edge of the sidewalk, directly in front
of the establishment which owns the sign. Noncommercial messages may also be displayed on the
sidewalk in the V-B, Village.-Barrio Zone, subject to the same rules regarding location, display times and
physical standards as commercial signs for adjacent establishments and only on sidewalks within or
adjacent to the VC, VG, HOSP, FC, and PT districts ofthe Village and Barrio Master Plan. Noncommercial
July 24, 2018 Item #13 Page 4 of 50
signs must also be attended by a person who is within 50 feet of the sign at a.II times; however, the
attendant need not be employed by or associated with an adjacent establishment. Any one person may
act as an attendant to only one noncommercial sign at a time.
8. Carlsbad Municipal Code Section 11.44.050 C. is amended to read as follows:
Who May Display an A-frame Sign in the V-B, Village-Barrio Zone. Jhe commercial A-frame signs
allowed by this section may be displayed only by the operators of establishments with ground floor
frontage on streets within the Village-Barrio Zone, who hold a currently valid city business license, who
are not currently in violation of, or nonconformance with, any of the zoning, land use, environmental
or business regulatory laws, rules or policies of the city. Persons acting as the official attendant of
noncommercial message signs must be over the age of 18.
Each eligible establishment location is allowed a maximum of one-A-frame sign. However, when
an establishment is located within a business arcade or courtyard area, in which case only one "tenant
directory" sign, which lists all of the establishments within the arcade or courtyard, is allowed. The
display area of the permitted A-frame sign shall not count_ as part of the total -signage for the
establishment, which is allowed under the Village and Barrio Master Plan.
· 9. Carlsbad Municipal Code Section 11.44.050 H. is amended to read as follows:
Cancellation or Modification of Program: The city may, at any time and for any reason, cancel
or modify this program allowing commercial A~frame signs in the public right-of-way in the V-B,
Village-Barrio Zone.
10. Carlsbad Municipal Code Section 13.10.020 C. is amended by revising the note after
Table 13.10.020(() as follows:
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 Village and Barrio Master Plan 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.
11. Carlsbad Municipal Code Section 18.42.020 is amended by revising "Note 2" after Table
18.42.020 as follows:
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 Village and Barrio Master Plan 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.
July 24, 2018 Item #13 Page 5 of 50
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 least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th
day of J..!!!y, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of J..!!!y, 2018, by the following vote, to wit:
AYES:
NOES:
K. Blackburn, M. Schumacher, M. Packard.
C. Schumacher
ABSENT: M. Hall
APPROVED AS TO FORM AND LEGALITY:
tu_) l /€fi1. C(-t'< M-f 4
CELIA A. BREWER, City Attorney
(SEAL)
July 24, 2018 Item #13 Page 6 of 50
Certification of Posting and Publication of Ordinance No. CS-333
Page 2
4.) That Ordinance No. CS-333 was adopted on the 24th day of July, 2018
5.) That a certified copy of the full text of Ordinance No. CS-333, showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 31st day of July, 2018.
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
Union Tribune, on the 31st day of July, 2018.
Dated: July 31, 2018
(Seal)
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-333
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-333 is to be considered at the
City Council Meeting to be held on the 24th day of July, 2018.
2.) That a certified copy of the full text of Ordinance No. CS-333 was posted in
the City Clerk's Office on the 19th day of July, 2018.
3.) That a summary of the Ordinance was published in the Union
Tribune, on the 20th day of July, 2018.
FAVIOLA ME INA, Senior Deputy City Clerk
Dated: July 19, 2018
(Seal)