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HomeMy WebLinkAbout1997-09-09; City Council; 14345; Incidental Outdoor Dining Areash h ZITY OF CARLSBAD -AGENDA BILL AB# /4= m: DEPT. HD. MTG. g/9/97 INCIDENTAL OUTDOOR DINING AREAS CITY All-Y. ZCA 96-lO/LCPA 96-lO/MCA 96-04 DEPT. PLN -& CITY MGR-F’ RECOMMENDED ACTION: That City Council ADOPT Resolution No. y+ IS/ APPROVING the Negative Declaration and LCPA 96-10 and INTRODUCE Ordinances No. NS- Yw and ~.q - Y&I APPROVING ZCA 96-10 and MCA 96-04. ITEM EXPLANATION: This zone code amendment (ZCA), local coastal program amendment (LCPA), and municipal code amendment (MCA) item is being processed pursuant to City Council direction. The Zone Code Amendment/Local Coastal Program Amendment will allow incidental outdoor dining areas associated with restaurants citywide, outside of the Redevelopment Area, on private property with an administrative permit, and will exclude such areas from parking requirement calculations. The Municipal Code Amendment will exclude incidental outdoor dining areas from sewer impact fee calculations. The Planning Commission heard the ZCA and LCPA at a public hearing on May 7, 1997, and voted unanimously to recommend approval. (The Planning Commission was not required to take action on the related MCA because the establishment of fees involves Council action only.) Staff previously prepared an agenda bill, at Council’s request, relating to the possibility of allowing small outdoor eating areas associated with sit-down restaurants to be excluded from certain City requirements, such as parking, sewer impact fees, and water impact fees. At that time, staff presented to Council some preliminary recommendations and identified some potential issues which would need to be resolved prior to the development of a proposed zone code amendment. Council directed staff to pursue resolution of those issues, develop specific recommendations, and prepare the necessary zone code amendments to implement appropriate changes. Staff surveyed numerous cities regarding outdoor dining area regulations and any issues associated with them, and developed the amendment attached to this report. The proposed amendment consists of numerous text changes contained in the attached ordinances. The ZCA/LCPA amendment will allow incidental outdoor dining areas of limited size on private property citywide outside of the Redevelopment Area. The proposed amendment accomplishes several objectives. First, it creates a definition for an “incidental outdoor dining area”. (See Exhibit 5, Section I.) This definition distinguishes “incidental,, dining areas from outdoor dining areas generally and establishes size limits for these areas. The proposed limitations are: a maximum of 20% of the number of indoor seats up to a maximum of 16, a maximum of 6 tables, and a maximum of 400 square feet of floor area. (Since the intent of the amendment was to allow incidental outdoor dining areas as a part of otherwise allowed restaurants/deli’s, the amendment does not change the zones in which restaurants are currently allowed.) Second, the amendment creates an administrative permit requirement for incidental outdoor dining areas. (See Exhibit 5, Section II.) This new Incidental Outdoor Dining Area Permit is an administrative permit which would be processed like an administrative variance or second dwelling unit permit). Third, the proposed amendment provides design and locational standards for incidental outdoor dining areas. (See Exhibit 5, Section II.) These standards were developed to ensure compliance with all applicable regulations governing alcoholic beverage service and access for persons with \ , PAGE 2 OF AGENDA ;L NO. JY, 3Y5 h disabilities, and to ensure provision of adequate pedestrian and vehicular circulation and safety for both the incidental dining area and for surrounding uses. Fourth, the proposed amendment creates an exclusion from parking requirements for all incidental outdoor dining areas by excluding these areas from the floor area calculations used to determine the number of parking spaces required. (See Exhibit 5, Section Il.) Currently, restaurants must provide parking for any indoor and outdoor use areas at the same ratio. Because incidental outdoor dining areas are restricted in size (number of tables and chairs and number of square feet) and are not usable at all times (e.g., during inclement weather), it has been determined that there will be no significant impacts from this exclusion. ENVIRONMENTAL REVIEW: The project was reviewed pursuant to the California Environmental Quality Act (CEQA) and was found to have no potentially significant effect on the environment. Therefore, the Planning Director issued a Negative Declaration on October 31, 1996. FISCAL IMPACT: The potential fiscal impacts of this amendment are difficult to predict because some factors are not known. First, we do not know how many restaurants/eating establishments (existing or future) will be able to provide incidental outdoor dining areas. For example, some restaurants may not have the physical space necessary to accommodate an incidental outdoor dining area, or they may have other constraints which would prevent them from doing so. Second, we do not know how many of those restaurants which could provide an incidental outdoor dining area will choose to do so. There may be some situations under which a restaurant operator/owner may not want to provide an incidental outdoor dining area. Third, we cannot predict the dollar impact of the sewer impact fee waiver because the amount of the sewer impact fee calculation in dollars varies with the size of the restaurant (in number of seats) and the specific location of the restaurant. (The sewer impact fee is calculated as some amount of dollars per EDU (equivalent dwelling unit). The basic sewer impact fee would be $I,81 0 per EDU. In addition to this, a restaurant can be required to pay an additional fee amount if it is located in one of the City’s sewer “benefit,, districts. This benefit district dollar amount can vary from $38 per EDU to $1,981 per EDU. On this basis, assuming that an existing deli or drive-through restaurant wanted to add a 16 seat incidental outdoor dining area, the amount of the sewer impact fee being waived could be somewhere between $1,810 and $3,791, depending upon the location. For an existing quality or sit-down restaurant adding 16 seats, the amount of the sewer impact fee being waived could be somewhere between $5,430 and $11,373, depending upon the location. When this project was first discussed, Council proposed to change both water and sewer impact fees for incidental outdoor dining areas. Staff has made the necessary changes to sewer impact fees in the attached municipal code amendment. During this time period, the Water District has revised their water fee calculations (no municipal code amendment was required). Those calculations are now based on the number and size of meters required only. Previously, the number of seats was also a factor in the fee calculation. This change in water fee calculations has resulted in some water fee savings to restaurants providing incidental outdoor dining areas and, thus, some fiscal impact to the City. Staff is not able to evaluate the fiscal impact of the changes made in the water fee calculation. PAGE 3 OF AGENDA ;L NO. I’! 3q 5 EXHIBITS: 1. City Council Resolution No. 9 ‘7 -40 I 2.. City Council Ordinance No. hJ S - 4U 3. City Council Ordinance No. AIS 4 Ivn 4. Planning Commission Resolutions No. 4038, 4039 and 4040 5. Redline/Strikeout Version of ZCA 96-l 0 and LCPA 96-l 0 6. Redline/Strikeout Version of MCA 96-04 7. Planning Commission Staff Report, dated May 7, 1997 8. Excerpt of Planning Commission Minutes, dated May 7, 1997. 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 RESOLUTION NO. 97-601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR ZCA 96- 1 O/LCPA 96-10 AND APPROVING LCPA 96- 10. CASE NAME: INCIDENTAL OUTDOOR DINING AREAS CASE NO.: ZCA 96- 1 O/LCPA 96- 10 follows: The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on May 7, 1997, the Carlsbad Planning Commission held a duly noticed public hearing to consider a Negative Declaration and a Zone Code Amendment (ZCA 96- 10) and a Local Coastal Program Amendment (LCPA 96-l 0) relating to Incidental Outdoor Dining Areas. At the conclusion of the hearing the Commission adopted Resolutions No. 4038, 4039, and 4040 recommending approval of the Negative Declaration and of ZCA 96-10 and LCPA 96-10; and, WHEREAS, the City Council of the City of Carlsbad, on the 9th , day of September , 1997 held a public hearing to consider the Commission’s recommendations and hear all persons interested in or opposed to the Negative Declaration and the Zone Code Amendment (ZCA 96-l 0) and the Local Coastal Program Amendment (LCPA 96- 10) relating to Incidental Outdoor Dining Areas. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council adopts and incorporates the findings of Planning Commission Resolution No. 4038 approving the Negative Declaration for Incidental Outdoor Dining Areas Zone Code Amendment (ZCA 96-10) and Local Coastal Program Amendment (LCPA 96-10). a) Independent Judgment: The City Council finds that the Negative Declaration reflects the City Council’s independent Judgment. . I 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 b) Location and Custodian of Record of Proceedings. Pursuant to Public Resources Code section 21081.6(d), all the materials that constitute the administrative record in this proceeding are in the custody of and can be found in the offices of the City Clerk and the Director of Planning in the City of Carlsbad. The administrative record includes, but is not limited to: the Negative Declaration and all public comments thereon received during the public review period and responses thereto, and the proceedings of the Planning Commission and the City Council thereon. 3. That the City Council adopts and incorporates the findings of Planning Commission Resolutions No. 4039 and 4040 recommending approval of the Zone Code Amendment (ZCA 96-l 0) and Local Coastal Program Amendment (LCPA 96- 10). PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 9th day of September 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: (SEAL) -2- -5 1 1 2 3 4 5 6 7 8 I 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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 follows: SECTION I: That Title 2 1, Chapter 2 1.04 of the Carlsbad Municipal Code is amended 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 Redevelopment Area Local Coastal Program Segment, a small extension of an indoor restaurant, bona fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant and which is used exclusively for eating, drinking, and pedestrian circulation therein. Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way). The maximum number of seats, tables, and square feet allowed in an incidental outdoor dining area shall be limited to: (0 a maximum of 20% of the number of indoor seats or a maximum of twenty (20) 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 2 1.26 of the Carlsbad Municipal Code. Any amount of outdoor dining area exceeding the above limitations shall not be considered “incidental” for purposes of this definition.” SECTION II: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended by the addition of Section 21.26.013 to read as follows: “21.26.013 Incidental Outdoor Dining Areas nermitted by administrative nermit. Incidental outdoor dining areas may be approved by administrative permit for restaurants, bonafide eating establishments, and deli’s in the C-l, 0, C-2, C-T, C-M, M, and P-M zones outside of the Redevelopment Area. The owner of the subject property shall make written application to the Planning Director. Such application shall include all materials deemed necessary by the Director to show that the requirements of Subsection (c) hereof are met. If the site is in the Coastal Zone, the application shall also constitute an application for a Coastal Development Permit. 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 feet of the subject property of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: (1) Contents. The notice shall include all requirements of Section 21.54.061 of this -code, including a notice of a public comment period of at least 15 working days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. The notice shall also include a statement that a public hearing shall be held upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal approval of the administrative permit by the Director to the Planning Commission. @I The Director may approve, approve with conditions, or deny the permit. The Director may waive a public hearing on an administrative permit if notice has been provided in accordance with subsection (a)(l) of this section and a request for a public hearing has not been received by the city within 15 working days from the date of sending the notice. If a request for a public hearing is received, a public hearing before the Director shall be held in the same manner as a Planning Commission hearing. In either event, the Director’s decision shall be based upon the requirements of, and shall include, specific factual findings supporting whether the project is or is 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 shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision. If the matter includes a Coastal Development Permit, unless the decision is appealed to the Planning Commission, the Director shall provide a notice of final action in accordance with Sections 2 1.20 1.160 and 2 1.20 1.170. (4 Development Standards. All Incidental Outdoor Dining Areas shall comply with the following development standards: (1) All applicable requirements of the State of California Disabled Access Regulations (Title 24). (2) All applicable requirements of the Alcoholic Beverage Commission, if alcoholic beverages are served in the outdoor area. (3) Be operated only during the hours of operation of the associated restaurant. (4) Provide adequate circulation to accommodate normal pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/fences 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; cc> interfere with vehicle or pedestrian circulation; m remove or reduce existing landscaping (unless equivalent additional 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 the City Engineelj because of the speed, volume, or nearness of vehicular traffic. (6) When calculating square footage for purposes of determining parking required per Chapter 2 1.44 of this Code, space used for incidental outdoor dining areas pursuant to this section shall be excluded. -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 ~ SECTION III: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is amended ~ by the addition of Section 21.27.035 to read as follows: I . “21.27.035 Incidental Outdoor Dining Areas nermitted bv administrative nermit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.013(a).” SECTION IV: That Title 21, Chapter 2 1.28 of the Carlsbad Municipal Code is amended by the addition of Section 21.28.012 to read as follows: “21.28.012 Incidental Outdoor Dining Areas permitted bv administrative nermit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).‘: SECTION V: That Title 21, Chapter 21. 29 of the Carlsbad Municipal Code is amended by the addition of Section 2 1.29.045 to read as follows: “2 1.29.045 Incidental Outdoor Dining Areas permitted by administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.013(a).” SECTION VI: That Title 2 1, Chapter 2 1.30 of the Carlsbad Municipal Code is amended by the addition of Section 21.30;015 to read as follows: “21.30.015 Incidental Outdoor Dining Areas permitted by administrative nermit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.013(a).” s SECTION VII: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended by the addition of Section 21.32.015 to read as follows: , “21.32.015 Incidental Outdoor Dining Areas permitted by administrative nermit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.013(a).” SECTION VIII: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended by the addition of Section 21.34.035 to read as follows: “21.34.035 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental -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 Outdoor Dining Area may be approved by administrative permit pursuant to section 2 1.26.013(a).” SECTION IX: SUNSET CLAUSE: That this ordinance shall remain in effect only until midnight September 9, 1998, and as of that date is repealed unless an ordinance which is enacted before September 9, 1998, deletes or extends that date. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption, (Not withstanding the preceding, this ordinance shall not be eflective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th day of September 1997, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1997, by the following vote, to wit: AYES: . NOES: ABSENT: ._ ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -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 ORDINANCE NO. NS-421 AN AMENDMENT TO TITLE 13, CHAPTER 13.10 OF THE CARLSBAD MUNICIPAL CODE TO CREATE A SEWER IMPACT FEE EXEMPTION FOR INCIDENTAL OUTDOOR DINING AREAS ASSOCIATED WITH RESTAURANTS ON PRIVATE PROPERTY CITYWIDE OUTSIDE OF THE REDEVELOPMENT AREA. CASE NAME: INCIDENTAL OUTDOOR DINING AREAS CASE NO.: MCA 96-04 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 13, Chapter 13.10 of the Carlsbad Municipal Code is amended by the amendment of Table 13.10.020(c)(7) to read as follows: (7) Restaurants: + No seating 2.67 + Seating 2.67 plus 1 .OO (Exception: Seats allowed in “Incidental Outdoor Dining Areas” per each 7 as defined by Chapter 2 1.04.188.1 do not count toward seats or generation of sewer impact fees.) fraction thereof Delicatessen or fast food, using only disposable tableware: + No seating 2.67 + Seating 2.67 plus 1 .OO (Exception: Seats allowed in “Incidental Outdoor Dining Areas” per each 21 as defined by Chapter 21.04.188.1 do not count toward seats or generation of sewer impact fees.) fraction . . thereof EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certifjr to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the CaIifornia Coastal Commission.) Ill Ill lo INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th day of September 1997, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) ,. -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 .‘EXHIBIT k PLANNING COMMISSION RESOLUTION NO. 4038 v A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVALOFANEGATIVEDECLARATIONFORAZONE CODE AMENDMENT AMENDING 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- 101 LCPA 96- 10 WHEREAS, the City of Carlsbad, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by various property owners, “Owner”, described as Citywide, (“the Property”); and WHEREAS, the Planning Commission did on the 7th day of May 1997, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Negative Declaration according to Exhibit “ND” dated November 2,1996, and “PII” dated October 27, 1996, attached hereto and made a part hereof, based on the following findings: Findinps: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. /d 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 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to recommending approval of the project. Based on the EIA Part-II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and thereby RECOMMENDS APPROVAL of the Negative Declaration. 3. The Planning Commission finds that the Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of May 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioner Compaq Heineman, Monroy, Noble, Savary, and Welshons NOES: None ABSENT: None ABSTAIN: None ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4038 -2- /3 NEGATIVE DECLARATION .Project Address/Location: Citywide - Outside of the Redevelopment Area Project Description: Zone Code Amendment, Municipal Code Amendment and Local Coastal Program Amendment to modify the development standards to allow incidental outdoor dining areas subject to an Administrative Permit with exemptions from parking requirements and some water/sewer fees. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Elaine Blackburn in the Planning Department at (6 19) 43 8- 1161, extension 447 1. DATED: NOVEMBER 2,1996 CASE NO: ZCA 96- 1 O/LCPA 96- 1 OMCA 96-04 CASE NAME: INCIDENTAL OUTDOOR DINING AREAS PUBLISH DATE: NOVEMBER 2,1996 MICHAEL J. H&ZMIL%ER Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-0894 @ .- (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZCA 96- 1 O&CPA 96-l O/MCA 96-04 DATE: October 27.1996 BACKGROUND 1. CASE NAME: Incidental Outdoor Dining Areas 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas, Carlsbad, CA 92009 4. DATE EIA FORM PART I SUBMITTED: n/a 5. PROJECT DESCRIPTION: Zone Code Amendment. Municipal Code Amendment, and Local Coastal Program Amendment to modifv the development standards to allow incidental outdoor dining areas subiect to Administrative Permit with exemptions from parking requirements and some water/sewer fees. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning q Transportation/Circulation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems Cl Water 0 Energy & Mineral Resources 0 Aesthetics 0 Hazards 0 Cultural Resources 0 Air Quality cl Noise cl Recreation 0 Mandatory Findings of Significance I Rev. 03128196 DETERMINATION. (To be completed by the Lead Agency) IXI El cl cl 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier , including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. -El Planher Signature . /B -30-96 Date Planning Directo%Signatwe Date Rev. 03/28/96 . - ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. l “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but aJ potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if tie City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR, (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev.O3/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) b) cl 4 e) Conflict with general plan designation or zoning? (Source #(s): ( ) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) Be incompatible with existing land use in the vicinity? 0 Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts f?om incompatible land uses? ( ) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) Potentially Significant Impact 0 cl 0 0 cl cl 0 0 cl cl 0 cl cl Cl 0 0 0 cl cl Cl 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 Cl q Cl Cl Cl cl Cl 0 cl cl cl Cl Cl 0 0 Cl Cl cl Less Than Significan t Impact cl cl cl Cl Cl Cl Cl 0 0 cl 0 cl cl Cl Cl Cl cl cl Cl cl cl No Impact El Ix] lxl . lxl El lx Ix1 txl lx4 IXJ lxl El txl Ix1 El (XI .IxI lx Ix] lxl IXI 5 Rev. 03128196 I? Issues (and Supporting Information Sources). e) f-l !a h) 9 Changes in currents, or the course or direction of water movements? ( ) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) Altered direction or rate of flow of groundwater? ( ) Impacts to groundwater quality? ( ) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) b) cl 4 Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) Expose sensitive receptors to pollutants‘? ( ) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the a) b) c) 4 e) 0 g) proposal result in: Increased vehicle trips or traffic congestion? ( ) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) Inadequate emergency access or access to nearby uses? 0 Insufficient parking capacity on-site or off-site? ( ) Hazards or barriers for pedestrians or bicyclists? ( ) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) Rail, waterborne or air traffic impacts? ( ) VII. BIOLOGICAL RESOURCES. Would the proposal result a> b) c> 4 e) VIII. in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) Locally designated species (e.g. heritage trees)? ( ) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) Wetland habitat (e.g. marsh, riparian and vernal pool)? 0 Wildlife dispersal or migration corridors? ( ) ENERGY AND MINERAL RESOURCES. Would the proposal? 6 Potentially Significant Impact cl 0 0 0 0 0 0 cl 0 0 cl 0 0 0 0 0 0 cl 0 0 0 Potentially Significant Unless Mitigation Incorporated cl 0 0 0 0 cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. El El lx El El IXI Ia IXI !xl I23 El Ix1 lx/ lx lx IXI IB lxl lx Ix1 lx Rev. 03128196 Less Than Signitican t Impact No Impact Issues (and Supporting Information Sources). a> b) cl Conflict with adopted energy conservation plans? ( ) Use non-renewable resources in a wasteful and inefficient manner? ( ) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: b) cl d) e> A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) Possible interference with an emergency response plan or emergency evacuation plan? ( ) The creation of any health hazard or potential health hazards? ( ) Exposure of people to existing sources of potential health hazards? ( ) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect a) b) c> d) e) upon, or result in a need for new or altered government services in any of the following areas: Fire protection? ( ) Police protection? ( ) Schools? ( ) Maintenance of public facilities, including roads? ( ) Other governmental services? ( ) XII. UTILITIES AND SERVICES SYSTEMS. Would the 4 b) cl d) e> 0 g) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? ( ) Communications systems? ( ) Local or regional water treatment or distribution facilities? ( ) Sewer or septic tanks? ( ) Storm water drainage? ( ) Solid waste disposal? ( ) Local or regional water supplies? ( ) Potentially Significant Impact 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 Less Than Significan t Impact 0 0 0 0 0 0 0 0 No Impact 0 0 0 El 0 0 0 El 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IXJ lxl IXI 1xI Ix1 Ix] Ix1 El lzl El lxl IXI Rev. 03/28/96 C . Issues (and Supporting Information Sources). XIII. AESTHETICS. Would the proposal: a> Affect a scenic or vista or scenic highway? ( ) b) Have a demonstrate negative aesthetic effect? ( ) c) Create light or glare? ( ) XIV. 4 b) c) d> e) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? ( ) Disturb archaeological resources? ( ) Affect historical resources? ( ) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) Restrict existing religious or sacred uses within the potential impact area? ( ) XV. RECREATIONAL. Would the proposal: a) b) XVI. 4 b) c> XVII. Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) Affect existing recreational opportunities? ( ) MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 - Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 0 0 0 0 Less Than Significan t Impact 0 0 0 0 0 0 0 0 0 0 0 0 No Impact (XI [XI IXI Ix1 El lxl IXI !a El lxl IXI 0 lxl Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: 8 Rev. 03128196 2s : - a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 23 - DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The proposed project consists of a zone code amendment, municipal code amendment and local coastal program amendment the result of which is to allow “incidental outdoor dining areas” (i.e., accessory outdoor eating area extensions of limited size to existing or approved restaurants) subject to the approval of an administrative permit in areas of the City outside of Redevelopment. These incidental areas will be limited in size and will be exempted from parking requirements and from payment of some water/sewer fees under certain circumstances. It is the intent of this amendment to provide an outdoor eating opportunity for restaurant patrons to enjoy which is not currently available. It is anticipated that these incidental outdoor eating areas will be utilized in place of the currently utilized indoor seating during clement weather. This amendment does not create a new use and does not change the locations in which restaurant uses are currently allowed in any way. The code amendment will revise the wording contained in the City Municipal Code, including the Definitions section (Chapter 21.04) and the Parking section (Chapter 21.44), to allow the proposed incidental use ‘area with approval of an administrative permit. The amendment will allow incidental outdoor eating areas up to a maximum of 20% of the number of indoor seats or a maximum of 16 seats whichever is more restrictive. Accordingly, a typical incidental outdoor eating area project, when considered individually, would have no environmental impact, and in fact is exempt from environmental review pursuant to Section 15301(e)(l) of the California Environmental Quality Act, which allows additions to existing structures (up to 50% of the floor area of the structure or the addition of 2,500 square feet, whichever is less). Additionally, given the fact that this amendment will only apply to areas outside of the Redevelopment area, and all restaurants will not be able to provide the outdoor area because of other constraints (e.g., inadequate space to accommodate the eating area, or inability to comply with specific design requirements such as A.D.A. clearance requirements or other standards), no significant adverse cumulative impacts are anticipated. Therefore, staff has concluded that there will be no impacts resulting from this amendment. A. Non-Relevant Items 1. Land Use and Planning - The proposed code amendment will not conflict with the General Plan or zoning designations or any applicable environmental plans adopted by the City as the incidental outdoor dining areas will, by definition, only be allowed as extensions of existing and/or approved restaurant uses where such uses are already allowed. For the same reason the amendments will not be incompatible with existing or planned land uses in any area and will be not impact agricultural uses or established communities. 2. Population and Housing - The proposed code amendments will not impact population or housing in that the amendments will only allow the outdoor dining areas as an extension of existing or approved restaurants. Therefore, they will not induce growth or displace existing housing. 3. Geologic Problems - As no site-specific project is proposed as part of this zone code amendment, no changes in topography resulting in unstable earth conditions, erosion of soils, ground shaking, landslides/mudflows, alteration of deposition patterns, or other geologic problems will occur. Again, the outdoor dining areas will only be allowed as minor extensions of existing or approved restaurants. 10 Rev. 03/28/96 4. Water - Again, no site-specific project is proposed as part of this zone code amendment. Therefore, there will be no impact to water resources. 5. Air Quality - As no site-specific project is proposed as part of this zone code amendment, there will be no impact to air quality. 6. Transportation/Circulation - As no site-specific project is proposed as part of this zone code amendment, there will be no impact to transportation/circulation. 7. Biological Resources - As no site-specific project is proposed as part of this zone code amendment, there will be no impact to biological resources. 8. Energy and Mineral Resources - As no site-specific project is proposed as part of this zone code amendment, there will be no impact to energy or mineral resources. 9. Hazards - As no site-specific project is proposed as part of this zone code amendment, there will be no exposure to hazards. 10. Noise - As no site-specific project is proposed as part of this zone code amendment, there will be no noise impacts and no exposure to unacceptable levels of noise. 11. Public Services - As no site-specific project is proposed as part of this zone code amendment, there will be no impacts to public services. 12. Utilities and Services Systems - As no site-specific project is proposed as part of this zone code amendment, there will be no impacts to utilities and service systems. 13. Aesthetics - As no site-specific project is proposed as part of this zone code amendment, there will be no aesthetic impacts. 14. Cultural Resources - As no site-specific project is proposed as part of this zone code amendment, there will be no impact to cultural resources. 15. Recreational - The proposed amendment will not increase the demand for parks or other recreational facilities and will not affect existing recreational opportunities because the proposed amendment will not induce growth in the city and the proposed amendment will not reduce the number or amount of areas currently planned for recreational uses. 11 Rev. 03/28/96 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 PLANNING COMMISSION RESOLUTION NO. 4039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE 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 WHEREAS, the City Council has determined that a Zone Code Amendment to.: amend Title 21 of the Carlsbad Municipal Code, to allow and regulate incidental outdoor dining areas associated with restaurants citywide outside of the Redevelopment Area, and to exclude such areas from parking requirement calculations be prepared; and WHEREAS, the Planning Commission did on the 7th day of May 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Zone Code Amendment ZCA 96-10, according to Exhibit “X” dated May 7, 1997, attached hereto and made a part hereof, based on the following findings: . . . db Findinqs: That the proposed Zone Code Amendment is consistent with the goals and objectives of the Carlsbad General Plan in that it does not create a new use not already anticipated by the General Plan. That the proposed Zone Code Amendment is consistent with the intent of Chapters 21.04, 21.26, 21.27,21.28, 21.29, 21.30,21.32, and 21.34 in that the amendment does not change the types of uses allowed in any zoning district and continues to require adequate parking for all allowed uses. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Car&bad, held on the 7th day of May 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioner Compas, Heineman, Monroy, Noble, Savary, and Welshons NOES: None ABSENT: None ABSTAIN: None /* ,. ;,--;--y7 ..’ 1 I*’ - .__, .*A. ‘\ .~/.+------ ‘-- c. ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HtiZMIk!ER Planning Director PC RESO NO. 4039 -2- a7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1% 19 20 21 22 23 24 25 26 27 28 C PLANNING COMMISSION RESOLUTION NO. 4040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO FIVE SEGMENTS (EXCLUDING THE REDEVELOPMENT AREA) OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT AMENDMENTS TO CHAPTERS 20.04, 21.26, 21.27, 21.28, 21.29,21.30, 21.32, AND 21.34 DEALING WITH INCIDENTAL OUTDOOR DINING AREAS AS THE IMPLEMENTATION ORDINANCES FOR CARLSBAD’S LOCAL COASTAL PROGRAMS CASE NAME: INCIDENTAL OUTDOOR DINING AREAS CASE NO: LCPA 96-10 WHEREAS, California State law requires that the Local Coastal Program, and the implementing zoning provisions for properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad, “Applicant”, has filed a verified application for an amendment to the Local Coastal Program designations regarding property owned by various property owners, “Owner”, described ‘hs Citywide, (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “Y” dated May 7, 1997, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 7th day of May 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. n8 . 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 W That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on November 7,1996, and ending on December 19,1996. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LCPA 96-10 based on the following findings, and subject to the following conditions: Findinqs: 1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello I, Mello II, Agua Hedionda, East Batiquitosmunt, and West Batiquitos/Sammis segments of the Carlsbad Local Coastal Program, in that the proposed amendment is limited in its nature and will not change existing regulations prohibiting or restricting development on sensitive slopes, bluff tops, or agricultural lands, and will not change any requirements for vista points/view corridors. That the proposed amendment to the Mello I, Mello II, Agua Hedionda, East Batiquitos/Hunt, and West Batiquitos/Sammis segments of the Carlsbad Local Coastal Program is required to maintain consistency between the proposed amendment zone code and the City’s Local Coastal Program. PC RESO NO. 4040 -2- - PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 7th day of May 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioner Compas, Heineman, Monroy, Noble, Savary, and Welshons NOES: ABSENT: None None ABSTAIN: None .._. ., I ,..’ /y-:/p .y -k ,,,s; . I /‘ ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4040 -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 - h EXHIBIT 0 REDLINEBTRIKiOUT VERSION OF ZCA 96-10 AND LCPA 96-10 SECTION I: That Title 2 1, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.188.1 to read as follows: 621.04.188.1 Incidental Outdoor Dining Areas. Incidental Outdoor Dining Area” means, everywhere except within the Redevelopment Area Local Coastal Program Segment, a small extension of an indoor restaurant, bona fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant and which is used exclusively for eating, drinking, and pedestrian circulation therein. Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensedfor such service. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way). The maximum number of seats, tables, and square feet allowed in an incidental outdoor dining area shall be limited to: 0 a maximum of 20% of the number of indoor seats or a maximum of sixteen (16) 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 2L26 of the Carlsbad Municipal Code. Any amount of outdoor dining area exceeding the above limitations shall not be considered “incidental”forpurposes of this definition.” SECTION II: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended by the addition of Section 21.26.013 to read as follows: “21.26013 Incidental Outdoor Dining Areas uermitted bv administrative uermit. Incidental outdoor dining areas may be approved by administrative permit for restaurants, bonafide eating establishments, and deli’s in the C-l, 0, C-2, C-T, C-M, M, and P- M zones outside of the Redevelopment Area. The owner of the subject property shall make written application to the Director. Such application shall include all materials deemed necessary by the Director to show that the requirements of Subsection (c) hereof are met. If the site is in the Coastal Zone, the application shall also constitute an application for a Coastal Development Permit. (a) The Director shall give written notice to all property owners within 300 feet of the subject property of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: (1) Contents. The notice shall include all requirements of Section 21.54.061 of this code, including a notice of a public comment period of at least 15 working days sufficient to receive and consider comments submitted by mailprior to the date establishedfor the decision. The notice shall also include a statement that a public hearing shall be held upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal approval of the administrative permit by the Director to the Planning Commission. 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 (-4 The Director may approve, approve with conditions, or deny the permit. The Director may waive a public hearing on an administrative permit tf notice has been provided in accordance with subsection (a)(l) of this section and a requestfor a public hearing has not been received by the city within 15 working days from the date of sending the notice. If a requestfor a public hearing is received, a public hearing before the Director shall be held in the same manner as a Planning Commission hearing. In either event, the Director’s decision shall be based upon the requirements oJ and shall include, specific factualfindings supporting whether the project is or is 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 shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision. If the matter includes a Coastal Development Permit, unless the decision is appealed to the Planning Commission, the Director shall provide a notice offmal action in accordance with Sections 21.201.160 and 21.201.170. (4 Development Standards. All Incidental Outdoor Dining Areas shall comply with the following development standard& (1) All applicable requirements of the State of Caltfornia Disabled Access Regulations (Title 24). (2) All applicable requirements of the Alcoholic Beverage Commission, if alcoholic beverages are served in the outdoor area. (3) Be operated only during the hours of operation of the associated restaurant. (4) Provide adequate circulation to accommodate normal pedestrian traLtt(ic and circulation for the outdoor dining area. Pedestrian clearance between tables at&or walls/fences shall be a minimum 42” wide. (5) Not be located where the area would: 0 encroach into the public right-of-way; 0 eliminate any existing parking spaces; Cc) interfere with vehicle or pedestrian circulation; @9 remove or reduce existing landscaping (unless equivalent additional landscaping is provided elsewhere to the satisfaction of the Planning Director); (I$+) present a traffic hazard; or, (0 be incompatible with outdoor dining, in the opinion of the City Engineer, because of the speed, volume, or nearness of vehicular traffic. (6) When calculating square footage for purposes of determining parking required per Chapter 21.44 of this Code, space used for incidental outdoor dining areas pursuant to this section shall be excluded (7) No heating devices shall be allowed in incidental outdoor dining areas.” SECTION III: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is amended by the addition of Section 21.27.035 to read as follows: “21.27.035 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a). ” -2- 3a 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 ~ SECTION IV: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is amended ~ by the addition of Section 21.28.012 to read as follows: “2I.28.012 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).” SECTION V: That Title 2 1, Chapter 2 1. 29 of the Carlsbad Municipal Code is amended by the addition of Section 21.29.045 to read as follows: ‘21.29.045 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).” SECTION VI: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is amended by the addition of Section 21.30.015 to read as follows: “21.30.015 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a). ” SECTION VII: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended by the addition of Section 21.32.015 to read as follows: ‘21.32.015 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a). ” SECTION VIII: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended by the addition of Section 21.34.035 to read as follows: ‘21.34.035 Incidental Outdoor Dining Areas permitted bv administrative permit. Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).” -3- J3 . - REDLINE/STRIKEOUT VERSION OF MCA 96-04 TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (1) (2) (3) (4) (5) (6) (7) (8) (9) Each space of a trailer court or mobilehome park Each duplex Each separate apartment in an apartment house Each housing accommodation designed for occupancy by a single person or one family, irrespective of the number actually occupying such accommodation Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals + Without cooking facilities + With cooking facilities Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty persons or any fraction thereof) Restaurants: + No seating + Seating (Exception: Seats allo wed in “lnciden ta1 Outdoor Dining Areas” as defined by Chapter 21.04.188.1 do not count toward generation of sewer impact fees.) Delicatessen or fast food, using only disposable tableware: + No seating + Seating + (Exception: Seats allowed in “Incidental Outdoor Dining Areas” as defined by Chapter 21.04.188.1 do not count toward generation of sewer impact fees.) Automobile service stations: + Not more than four gasoline pumps + More than four gasoline pumps Self-service laundries, per each washer 1.00 2.00 1 .oo 1 .oo 0.60 1 .oo 1.33 2.67 2.67 plus 1 .OO per each 7 seats or fraction thereof 2.67 2.67 plus 1 .OO per each 21 seats or fraction thereof 2.00 3.00 0.75 EXHIBIT 6 TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units (10) Office space in industrial or commercial establishments Divide the gross floor area not listed above and warehouses of the building in square feet by 1800 (11) Schools: + Elementary schools For each sixty pupils or fraction thereof 1 .oo + Junior high schools For each fifty pupils or fraction thereof 1 .oo + High schools For each thirty pupils or fraction thereof 1 .oo (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 City Engineer 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 apply 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. me City of CARLSBAD Planning Departmeuc EXHll3lT 7 A REPORT TO THE PLANNING COMMISSiON ItemNo. 4 0 Application complete date: n/a P.C. AGENDA OF: May 7,1997 Project Planner: Elaine Blackburn Project Engineer: n/a SUBJECT: ZCA 96-lO/LCPA 96-10 - INCIDENTAL OUTDOOR DINING AREAS - A Zone Code Amendment and a Local Coastal Program Amendment to modify Chapters 21.04, 21.26, 21.27, 21.28, 21.29, 21.30, 21.32, and 21.34 of the Municipal Code to allow Incidental Outdoor Dining Areas associated with restaurants on private property citywide outside of the Redevelopment Area. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4038 RECOMMENDING APPROVAL of the Negative Declaration and Planning Commission Resolutions No. 4039 and 4040 RECOMMENDING APPROVAL of ZCA 96-10 and LCPA 96-l 0 based upon the findings contained therein. II. INTRODUCTION This zone code amendment is being processed pursuant to City Council direction. The amendment will allow incidental outdoor dining areas associated with restaurants citywide on private property outside of the Redevelopment Area with an administrative permit, and will exclude such areas from parking requirements and from sewer impact fees. III. PROJECT DESCRIPTION AND BACKGROUND Staff previously prepared an agenda bill,’ at Council’s request, relating to the possibility of allowing small outdoor eating areas associated with sit-down restaurants to be excluded from certain City requirements, such as parking, sewer impact fees and water impact fees. At that time, staff presented to Council some preliminary recommendations and identified some potential issues which would need to be resolved prior to the development of a proposed zone code amendment. Council directed staff to pursue resolution of those issues, develop specific recommendations, and prepare the necessary zone code amendments to implement appropriate changes. Staff surveyed numerous cities regarding outdoor dining area regulations and any issues associated with them, and developed the zone code amendment attached to this report. The proposed amendment consists of numerous text changes contained in the attached exhibits. Exhibits “X” and “Y” are draft Council ordinances for the proposed ZCA and LCPA, respectively. Exhibit “I” contains essentially the same information but in a redlined/strikeout version for easier reading. Staff has also attached Exhibits “Z” and “II”, a draft Council ordinance for a Municipal Code Amendment to exempt the proposed incidental outdoor dining areas from sewer impact fee calculations. Because this action involves the establishment of fee amounts, it will be heard by City Council only. Therefore, the Planning Commission would not . ZCA 96- 1 O/LCPA 96- 10 - WJ CIDENTAL OUTDOOR DINING AbAS MAY 7,1997 take action on this item. The ZCA/LCPA amendment will allow incidental outdoor dining areas of limited size on private property citywide outside of the Redevelopment Area. The proposed amendment accomplishes several objectives as discussed in detail below. A. The amendment defines an “incidental outdoor dining area”. The proposed amendment includes a definition of an “incidental outdoor dining area” to be added to the “Definitions” chapter of the Municipal Code. (See Exhibit I, Section I.) This definition distinguishes these “incidental” dining areas from outdoor dining areas generally for permitting purposes. The proposed definition of an “incidental outdoor dining area” was developed based upon Council’s general direction to staff and the results of the surveys of related literature and other cities’ experiences with outdoor dining areas. The City’s current Municipal Code uses several terms for uses which primarily serve food and which have indoor seating including “bona fide eating establishment”, “restaurant”, and “deli”. The definition of an incidental outdoor dining area, therefore, specifically includes each of these types of food service establishment. The proposed definition establishes a maximum number of seats, tables, and size in square feet for an “incidental outdoor dining area”. This was done in order to ensure that the incidental outdoor dining area remains accessory to the associated indoor restaurant. The proposed limitations are: a maximum of 16 or fewer seats (depending upon the number of indoor seats), 6 tables, and 400 square feet of floor area. B. The amendment allows incidental outdoor dining areas only in the zones in which restaurants and/or deli’s are already allowed (i.e., the C-l, 0, C-2, C-T, C-M, M, and P-M zones). Under current regulations, restaurants and/or deli’s are allowed in the zones cited above. The intent of the proposed amendment was to allow incidental outdoor dining areas as a part of otherwise allowed restaurants/deli’s. Consequently, the proposed amendment does not change the zones or locations in which restaurants or deli’s are allowed. In some of these zones the restaurants/deli’s require a Conditional Use Permit (CUP). The proposed amendment will allow incidental outdoor dining areas equally whether the restaurant/deli is allowed by right or by CUP only. In either case, the same administrative permit will be required. If a CUP is required for the restaurant/deli, the administrative permit for the incidental outdoor dining area would be processed concurrently and could be approved by the Planning Director following the CUP approval by the Planning Commission. 37 ZCA 96-1 O/LCPA 96-10 - WJCIDENTAL OUTDOOR DINING AREAS MAY 7,1997 C. The amendment creates an administrative permit requirement for incidental outdoor dining areas. (See Exhibit I, Section II.) It was the desire of Council to provide an incentive for restaurants to provide small outdoor dining areas with a minimal amount of cost and time to the applicant wherever possible. Consequently, staff has developed a recommendation requiring a new administrative permit (an “Incidental Outdoor Dining Area” Permit) for incidental outdoor dining areas. The administrative permit/procedure proposed is similar to that required for administrative variances and second dwelling units. It will involve minimal cost to the applicant ($150.00) and can be processed quickly, while ensuring adequate review of applications. The procedure requires a 15-day noticing period for neighboring property owners within 300 feet. (Again, this is similar to the noticing area for administrative variances and second dwelling units.) The Planning Director’s decision on a permit request could be appealed to the Planning Commission. D. The proposed amendment provides design and locational criteria for incidental outdoor dining areas. (See Exhibit I, Section II.) The proposed design and locational criteria were developed in order to accomplish several objectives. First, it was necessary to ensure compliance with all applicable regulations governing alcoholic beverage service and access for persons with disabilities. The proposed criteria specifically require compliance with such regulations. Second, staff wanted to ensure provision of adequate pedestrian and vehicular circulation and safety for both the incidental dining area and for surrounding uses. In addition, the proposed incidental dining area should not negatively impact traffic circulation. The proposed criteria establish these requirements. Each Incidental Outdoor Dining Area Permit application will be reviewed by Engineering and Planning staff to ensure that there are no negative impacts to traffic circulation. Staff also wanted to preserve compliance with current regulations which provide for aesthetic considerations (e.g., landscaping). The proposed criteria also address this issue by prohibiting landscaping changes without Planning Director approval. E. The proposed amendment creates an exclusion from parking requirements for all incidental outdoor dining areas. The proposed amendment excludes all incidental outdoor dining areas from the floor area calculations used to determine the number of parking spaces required. (See Exhibit I, Section II.) Currently, restaurants must provide parking for any indoor and outdoor use areas at the same ratio. Because incidental outdoor dining areas are restricted in size (number of tables and chairs and number of square feet) and are not usable at all times (e.g., during inclement weather), it has been determined that there will be no significant impacts from this exclusion. - ZCA 96-l O/LCPA 96-l 0 - n\ICIDENTAL OUTDOOR DINING A&AS MAY 7,1997 IV. ANALYSIS The project is subject to the following regulations and requirements: A. City of Carlsbad General Plan; B. Zoning Regulations Chapters 21.04 (Definitions), 21.26 (C-l Zone), 21.27 (0 Zone), 21.28 (C-2 Zone), 21.29 (C-T Zone), 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 ((P-M Zone) of the Municipal Code; and C. Carlsbad Local Coastal Program. A. General Plan The proposed zone code amendment is consistent with the applicable goals and policies of the General Plan. The General Plan Land Use Element (Commercial Land Uses) contains several goals including “a healthy and diverse economic base” (Goal A.l), promotion of “economic development strategies” for commercial and other land use types (Goal A.3), and the promotion of “tourist oriented land uses” which serve a variety of users. These goals are to be implemented through a variety of policies and programs including “to establish and maintain commercial development standards” to address various design concerns and ensure compatibility between the commercial use and the surrounding land uses (Objective B.3). The proposed zone code amendment is consistent with these goals, objectives and policies. Restaurants which include outdoor dining areas represent an amenity (an alternative dining opportunity) which is attractive to both tourists and residents/employees in the City. The proposed amendment will not change the uses allowed in any zone. In addition, the amendment includes design and locational standards, among other requirements, which will ensure compatibility with surrounding uses. B. Zoning Regulations Under current regulations, restaurants and/or delis are allowed by right in the C-l (Neighborhood Commercial), C-2 (General Commercial), C-T (Commercial-Tourist), C-M (Heavy Commercial- Limited Industrial), and M (Industrial) zones and with a CUP in the 0 (Office) and P-M (Planned Industrial) zones. The code requirement for restaurant parking is one space per 100 square feet (for restaurants less than 4,000 square feet in size) and 40 spaces plus one space per 50 square feet of floor area in excess of 4,000 (for restaurants of 4,000 square feet or greater). Restaurants which incorporate outdoor seating areas are allowed provided they satisfy all applicable requirements, including providing required parking at the appropriate restaurant parking ratio. The proposed zone code amendment would not change the zones in which restaurants or delis (with or without outdoor seating areas) are allowed. It simply allows a limited amount of such outdoor seating to be provided without having to provide parking and without paying sewer impact fees. (A restaurant which is designed to provide a larger outdoor dining area (e.g., one containing 600 square feet of area) would be required to provide parking for the portion of the outdoor dining area which exceeds the “incidental” definition.) 39 - ZCA 96-l O/I-CPA 96-10 - 11KIDENTAL OUTDOOR DINING AI&AS MAY 7,1997 C. Local Coastal Program Because the project includes areas within the Coastal Zone and amends the City’s Zoning Ordinance, the project requires a Local Coastal Program Amendment which must be approved by the Coastal Commission following City Council action. The proposed amendment will be applicable citywide outside of the Redevelopment Area. Consequently, it will involve the Mello I, Mello II, Agua Hedionda, East BatiquitosJHunt, and West Batiquitos/Sammis segments of the Carlsbad Local Coastal Program. Staff has reviewed the proposed project with regard to the ’ various Coastal segment programs and has determined that the proposed wording is consistent with all Coastal segment regulations. The proposed amendment is limited in its nature and will not change existing regulations prohibiting or restricting development on sensitive slopes, bluff tops, or agricultural lands. It also will not change any requirements for vista points/view corridors. Any proposed restaurant development in the Coastal Zone (with or without an ’ incidental outdoor dining area) will be subject to essentially the same regulations and restrictions on development as currently exist except for parking requirements. The proposed parking exclusion for incidental outdoor dining areas will not affect public parking in the Coastal Zone as the proposed incidental outdoor dining areas will only be allowed on private property. Further, it has been determined that the proposed parking exclusion is “de minimus” in nature and will, therefore, have no negative impacts. Therefore, staff believes the proposed amendment is consistent with all existing Coastal regulations. V. ENVIRONMENTAL REVIEW This project was reviewed pursuant to the California Environmental Quality Act (CEQA) and was found to have no potentially significant effect on the environment. (See discussion in the EIA Part II, attached.) Therefore, the Planning Director issued a Negative Declaration on October 3 1, 1996. ATTACHMENTS: 1. Planning Commission Resolution No. 4038 2. Planning Commission Resolution No. 4039 3. Planning Commission Resolution No. 4040 4. Exhibit “I” dated May 7, 1997 (italics reflect proposed changes to the CMC) 6. Exhibit “Z” 7. Exhibit “II”. EB:bk EXtWlT 8 4. ZCA 96-1OlMCA 96-04/LCPA 96-10 - INCIDENTAL OUTDOOR DINING AREAS - A Zone Code Amendment and a Local Coastal Program Amendment to modify Chapters 21.04, 21.26, 21.27, 21.28 21.29, and 21.34 of the Municipal Code to allow Incidental Outdoor Dining Areas associated with restaurants on private property citywide outside of the Redevelopment Area. MINUTES 41 PLANNING COMMISSION May 7,1997 Page 14 Chairperson Nielsen announced that if the Commission recommends approval of this item, it will be forwarded to the City Council for its consideration. Project Planner Elaine Blackburn briefly described the Zone Code Amendment for Incidental Outdoor Dining areas and that the amendment will provide specific definition for these areas and establish permit requirements and development standards for them. She stated that this amendment has been prepared pursuant to Council direction. Ms. Blackburn ~presented slides to show the key features of the ordinances. 1. Provides a definition of what is an incidental dining area, i.e., extensions of indoor restaurants and other types of eating areas, areas not designed for any establishment that does not have indoor seating, only applies outside the Redevelopment Area, it establishes a maximum size for the incidental dining area, it restricts the number of tables and chairs and the total square footage. 2. The ordinance creates the requirement for an Administrative Permit handled very much like an Administrative variance, having the same type of noticing requirements and being a Planning Director decision which then would be appealable to the Planning Commission. 3. 4. Development Standards would require compliance with ADA requirements, ABC requirements, the hours of operation would be required to be consistent with the regular hours of operation of the restaurant and adequate pedestrian circulation. Specific Location Criteria: 1) no tables or seating in the public right-of-way; 2) elimination of existing parking will not be permitted; 3) no interference with vehicle or pedestrian circulation; 4) no reduction or removal of existing landscaping but substitutions of plants, etc., may be accomplished with the Planning Directors approval; 5) cannot create a traffic hazard; and, 6) cannot be incompatible with vehicular traffic. 5. The 400 sq. ft. of the incidental dining area would be excluded from any calculation done to determine the parking requirements. 6. No heating devices will be allowed. Ms. Blackburn concluded her presentation by stating that staff has reviewed the ordinance under CEQA and reviewed it for consistency with the various Local Coastal Program segments and is recommending that the Commission recommend approval. Also, Ms. Blackburn called attention to a memorandum from the Assistant City Attorney, dated May 7, 1997, and stated that if the Commission votes for approval, the wording in the memorandum will have to be substituted in and will apply to Exhibits X and Y, which are part of the 2 resolutions that the Commission will be taking forward and also Exhibit I, which Is the red line strike out version of the ordinance text. Commissioner Monroy asked Ms. Blackburn to again explain why heaters will not be allowed in these outdoor dining areas. Ms. Blackburn explained that it is staffs way to restrict the use of the areas to incidental use only (for an alternative to indoor seating) in an attempt to have them used incidentally, and not used as a standard extension. Seeing no one wishing to speak, Chairperson Nielsen closed Public Testimony. MINUTES 42 PLANNING COMMISSION May 7,1997 Page 15 ACTION: VOTE: AYES: NOES: Motion by Commissioner Heineman, and duly seconded, to adopt Planning Commission Resolutions No. 4038, recommending approval of the Negative Declaration and Planning Commission Resolutions No. 4039 and 4040, recommending approval of ZCA 96-10 and LCPA 96-l 0 based upon the findings contained therein and including the amendments. 7-o Nielsen, Noble, Heineman, Savary, Monroy, Welshons, and Compas None 43 - _. .~ ‘. September 9, 1997 Mayor and City Council Members Carlsbad, CA A lead A6ENMnEhl# u Mayor city CoulIcil city lblanager City Attorney city clerk Dear Mayor and Council Members: My husband and I have owned Don’s Country Kitchen for 7 years. We were very pleased with the recommendation that city staff has made regarding the usage of outdoor seating in the Redevelopment Area. Their recommendation will allow us to continue to provide a special atmosphere that may be lacking in other areas along the coast. It wiIl also allow us to maintain the level of service that our customers are used to receiving. We are optimistic that the council will decide to vote in favor of the proposed recommendations. Carlsbad has a uniqueness that other cities do not possess. This is what makes it a special place to live, and a great place for people to visit. Respectfully -72 Sharon McAnally Don’s Country Kitchen 2885 Roosevelt St. Carlsbad, CA 92008 PROOF OF PUBLICA- .ON (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 30,&1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. San M3rcos Dated at California, this -day ----- ______---------------- I Signature NORTH COUNTY TIMES Legal Advertising This space is ,-. the County Clerk’s Filing Stamp Proof of Publication of I -------------------------- I IX -ii6%E iS iii$aBY GIVEN t&t theI%ji&j&dl $&I Citj$@m- -_-._. z _ holdapuMichbaringatthoCiiyCoundlChnnberql290CarbbedVRsOe[Mvs Carlsb+, California, at 6:OO P.M. on Tuepdrry, BeptWWr 0,1X47, tocofskier 3pptwWofaZoneCodeAme&wmt and a Lomt Cosstal Program Amwdmwt EomodHyChapters21.~,21.~,21.27,21.28,21.29.21.34,8nd21.44dthe Carlsbad Municii Code to akw incideMal Outdoof Dining m m with restaurants, on private property gewraUy located outsida of the Redevelopment Area. Ifyou~anyquestionsrepardingth*~,plse~oE~Btadcbwnin. ttKJPlanningDepaenM,atCIBb)4381161, sxt.4471. I, - (Form A) TO: C1T.Y CLERK’S OFFTrC FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the matetlals necessary for you to notide ZCA 96-lO/LCPA 96-lO/MCA 96-04 - INCIDENTIAL OUTDOOR DINING for a publfc hearing before the Clty Council. Please notice the item for the council netting of FIRST AVAILABLE HEARING . -i .a Thank you. Assistant City Man-- . s”t/P 9l9lw Jw, JUNE 16, 1997 Date NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April 16, 1997, to ‘request a Zone Code Amendment and a Local Coastal Program Amendment to modify Chapters 21.04, 21.26, 21.27, 21.28, 21.29, 21.34 and 21.44 of the Municipal Code to allow incidental Outdoor Dining Areas associated with restaurants on private property generally located citywide outside of the Redevelopment Area. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after April 10, 1997. If you have any questions, please call Elaine Blackburn in the Planning Department at (619) 438-l 161, extension 4471. . If you challenge the Zone Code Amendment, and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 96-l O/LCPA 96-l 0 7: . . CASE NAME: INCIDENTAL OUTDOOR DINING AREAS PUBLISH: APRIL 4, 1997 CITY OF C.AJRLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 438-1161. FAX ((319) 438-0894 @ .! - CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME SUITE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 CITY OF CARLSBAD ENGINEERING DEPT CITY OF CARLSBAD PLANNING DEPT ELAINE BLACKBURN SAN MARCOS SCHOOL DIST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA CNTY WATER DIST 1960 LA COSTA AVE CARLSBAD CA 92009 SD COUNTY PLANNING SUITE B 5201 RUFFIN RD SAN DIEGO CA 92123 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD COMMUNITY SERVICES ENCINITAS SCHOOL DIST 101 SO RANCH0 SANTA FE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 SANDAG SUITE 800 400 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT LABELS FOR ZCA 96-IOlLCPA 96-10 /MCA 96-04 - INCIDENTIAL OUTDOOR DINING - . .: H:\ADMIN\LABELS\LCP INTERESTED PARTIES UPDATED 1 l-96 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 CITY OF ENCINITAS COM.DEV. DEPARTMENT 505 S. VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 . 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 1124 BLUE SAGE SAN MARCOS CA 92069 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN Al-l-N: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 CARLENE TIMM SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 COPIES TO: CITY CLERK ‘MAIN LIBRARY BRANCH LIBRARY WATER DISTRICT . ! I LABELS - 5 163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 APPENDIX A (PER COASTAL COMMISSION) DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94 103 BUSINESS, TRANSPORTATION & HSG AGENCY DEPARTMENT OF TRANSPORTATION WILLIAM G. BRENNAN ROOM 5504 DEPUTY SECRETARY AND SPECIAL COUNCIL 1120 N STREET SUITE 2450 SACRAMENTO CA 95814 980 NINTH STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SAN DIEGO CA 92 138 401 B STREET SAN DIEGO CA 92 101 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 958 12 AIR RESOURCES BOARD ANNE GERAGHTY, MANAGER GENERAL PROJECTS SECTION PO BOX 2815 SACRAMENTO CA 958 12 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN I5 I6 NINTH STREET SACRAMENTO CA 958 14 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 946 12 DEPARTMENT OF FISH AND GAME DON LOLLOCK, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1206-20 1416 NINTH STREET SACRAMENTO CA 958 14 MARINE RESOURCES REGION, DR & G DEPARTMENT OF FORESTRY ENVIRONMENTAL SERVICES SUPERVISOR DOUG WICKIZER, ENVIROMENTAL COORD 350 GOLDEN SHORE RM 1516-2 LONG BEACH CA 90802 14 16 NINTH STREET SACRAMENTO CA 95814 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 ‘- . - - . I DEPARTMENT OF ENERGY DEPARTMENT OF DEFENSE JOHN B. MARTIN, REGIONAL DIRECTOR COMMANDANT, ELEVENTH NAVAL DISTRICT SUITE 2 10 DISTRICT CIVIL ENGINEER 1450 MARIA LANE SAN DIEGO CA 92132 WALNUT CREEK CA 94596-5368 GENERAL SERVICES ADMINISTRATION MOLLY BRANDT, DIRECTOR OPERARIONAL PLANNING 525 MARKET STREET SAN FRANCISCO CA 94105 U. S. BUREAU OF LAND MANAGEMENT BOB BARNEY 2800 COTTAGE WAY SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 DEPARTMENT OF DEFENSE PHILLIP LAMMI, CHIEF ROOM 1316 630 SANSOME STREET SAN FRANCISCO CA 94111 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 BRIAN O’NEILL, SUPERINTENDENT U. S. BUREAU OF RECLAMATION GOLDEN GATE NATIONAL RECREATION AREA MID-PACIFIC REGION BUILDING 20 1 FORT MASON 2800 COTTAGE WAY SAN FRANCISCO CA 94123 SACRAMENTO CA 95825 ,- I, - , . SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 190 1 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 DOUGLAS WARNOCK, SUPERJNTENDENT REDWOOD NATIONAL PARK DRAWER N 1111 2ND STREET CRESCENT CITY CA 9553 1 U. S. FISH AND WILDLIFE SERVICE JAMES MCKEVITT. FIELD SUPERVISOR 2800 COTTAGE WAY SACRAMENTO CA 95825 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009