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Home My WebLink About1997-09-09; City Council; 14347; Outdoor dining Areas In The Village. . p Y d 5 0 0 -. CITY OF CARLSBAD - AGENDA iiLL AB# jy,347 TITLE: MTG. ?- 9, ?7 OUTDOOR DINING AREAS IN THE VILLAGE MCA 97-02 DEPT. HssllRed DEPT. Hi%& CITYATTY. * CITY MGR- RECOMMENDED ACTION: That City Council INTRODUCE City Council Ordinance No. NS- Ua3 02. APPROVING MCA 97- ITEM EXPLANATION: This municipal code amendment is being processed pursuant to City Council direction. The subject amendment will exclude outdoor eating areas on private and public property, within the Vi//age Redevelopment Area, from the sewage impact fee calculations. A separate agenda bill is being processed to regulate incidental outdoor dining on private property outside the Village Area and to exempt these dining areas from parking requirements and the sewage impact fee. The Design Review Board, Planning Commission, Housing and Redevelopment Commission and City Council approved ZCA 95-10 and LCPA 95-10 on December 5, 1995. These approvals set the standards to allow outdoor dining areas on public and private property in the Village Redevelopment Area, with exemptions from parking requirements, through approval of an administrative redevelopment permit. The issue of fees was raised at the time the standards and permit process was approved within the Village Master Plan and Design Manual. However, no action was taken to exempt the outdoor dining from any fees until the issue could be reviewed on a city-wide basis. Outside the Redevelopment Area, staff is recommending exemption of the incidental dining areas from the sewage impact fee. Therefore, inside the Redevelopment Area, staff is also recommending exemption of the outdoor dining areas on private or public property as defined within the Village Master Plan and Design Manual. When the Village Master Plan and Design Manual was approved in 1995, a decision was made that outdoor dining should be encouraged because it supports the pedestrian-oriented atmosphere desired for the Village. Consequently, the standards for outdoor dining established within the Village Master Plan and Design Manual were set forth as described below. Outdoor Cafb (Private Proper&) An outdoor cafe is an extension of a restaurant, delicatessen, ice cream parlor, or similar food service use where the majority of the seating capacity is located indoors. Outdoor Cafes in the Village Redevelopment Area have no requirement for additional parking, if the outdoor seating is equal to or less than the amount of indoor seating. For seating outside which exceeds the seating indoors, one parking space is required for each 100 square feet of gross floor space in the outside area. An Outdoor Cafe is approved through an administrative redevelopment permit, or as part of a minor or major redevelopment permit if the food service establishment is being newly constructed. Outdoor Caf6s (on private property) are allowed in all areas of the Village where restaurants and related food service establishments are permitted. - PAGE 2 OF AGENDA BILL NO. 14; 3 q7 Sidewalk Caf6 (Public Propertv) A sidewalk cafe is an extension of a restaurant, delicatessen, ice cream parlor, or similar food service use where the majority of the seating capacity is located indoors and where the exterior seating occurs partially or wholly on public property. Sidewalk Cafes have very specific standards as related to location and development criteria. However, again, no additional parking is required for the Sidewalk Cafes. Applicants for a Sidewalk Cafe are required to provide a Certificate of Insurance (naming the City of Carlsbad and the Redevelopment Agency as additional insured), sign an indemnification statement/ hold harmless agreement and enter into an encroachment agreement, if they wish to install an enclosure around the seating area. Again, the business owner is required to provide a majority of the seating indoors, which means that the number of seats outdoors cannot exceed the number of seats indoors. A copy of the standards established for the Sidewalk Cafes is attached as Exhibit 2 to this report. A Sidewalk Cafe must be approved through an administrative redevelopment (sidewalk table) permit, or as part of a minor or major redevelopment permit if the food service establishment is being newly constructed. Sidewalk Cafes are allowed in five (1, 2, 4, 5 & 9) of the nine land use districts within the Village Redevelopment Area. These are primarily the core downtown area and those areas along Carlsbad Boulevard. Incidental Outdoor Dining Areas (outside the Village Redevelopment Area1 A separate agenda bill is being processed to address the development criteria for outdoor dining areas, on private property and outside the Village Redevelopment Area. The recommendation within this separate agenda bill allows the Council to 1) set the standards/regulations for incidental outdoor dining; 2) establish an administrative permit for processing purposes; 3) exempt the dining area from the standard parking requirement for restaurants; and 4) exempt the dining area from sewage impact fees. Within the Village Redevelopment Area, the standards/regulations have been previously approved which exempt the dining areas from the standard parking requirement for restaurants. The only action required for the outdoor cafes and sidewalk cafes in the Village Redevelopment is to exempt them from the sewage impact fee. FISCAL IMPACT: The potential fiscal impacts of the proposed municipal code 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 for outdoor dining areas on private or public property. For example, some restaurants may not have the physical space necessary to accommodate an outdoor cafe 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 existing which could provide for an 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 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 $1,810 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 PAGE 3 OF AGENDA brLL NO. 14,s Y 3 to add a 16 seat 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 outdoor dining areas. Staff has made the necessary changes to sewer impact fees in the attached municipal code amendment for the Village Redevelopment Area and a separate agenda bill will do the same for dining areas defined as “incidental” outside the Village Redevelopment Area. 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. Although the City may lose some funding through the sewage impact fee exemption, staff believes that the exemption is acceptable because it reinforces the desire to have outdoor dining areas within the Village, and other parts of the City. In addition, the exemption recognizes the fact that outdoor dining areas cannot always be used for various reasons (weather, noise, etc.). EXHIBITS: 1. City Council Ordinance No. HS- YR 3 2. Copy of Sidewalk Cafe Standards from Village Master Plan and Design Manual. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ORDINANCE NO. ~-423 AN AMENDMENT TO TITLE 13, CHAPTER 13.10 OF THE CARLSBAD MUNICIPAL CODE TO CREATE A SEWAGE IMPACT FEE EXEMPTION FOR OUTDOOR CAFES ASSOCIATED WITH RESTAURANTS ON PRIVATE PROPERTY AND SIDEWALK CAFES ASSOCIATED WITH RESTAURANTS ON PUBLIC PROPERTY INSIDE THE REDEVELOPMENT AREA. CASE NAME: VILLAGE OUTDOOR DINING AREAS CASE NO.: MCA 97-02 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: “TABLE 13.10.020(c) Type of Building, Structure or Use Equivalent Dwelling Units “(7) Restaurants: + No seating + Seating (Exception: Seats allowed in “Incidental Outdoor Dining Areas” as defined by Chapter 2 1.04.188.1 and seats allowed in “Outdoor Cafes” or “Sidewalk Cafes” as defined by the Village Master Plan and Design Manual do not count toward generation of sewer impact fees.) 2.67 2.67 plus 1 .OO per each 7 seats or fraction thereof Delicatessen or fast food, using only disposable tableware: . . + No seating + Seating (Exception: Seats allowed in “Incidental Outdoor Dining Areas” as defined by Chapter 2 1.04.188.1 and seats allowed in “Outdoor Cafes” or “Sidewalk Cafes” as defined by the Village Master Plan and Design Manual do not count toward generation of sewer impact fees.)” 2.67 2.67 plus 1 .OO per each 2 1 seats or fraction thereof. . . . . ,... . . . . . . . . . . . . . . . . . . . . 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. ~-423 Page 2 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. 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 of day 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ._ ATTEST: ALETHA L. RAUTENKRANZ, City Clerk c=w -2- EXHIBIT.2 1 P ru 0 r-' I 6 __.. .- ” September 9, 1997 Mayor and City Council Members Carlsbad, CA u klayor city council city Manager City Attorney &ily&ler(c* 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 usto continue to provide a special atmosphere that may be lacking in other areas along the coast. It will 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 -73 Sharon McAnalIy Don’s Country Kitchen 2885 Roosevelt St. Carlsbad, CA 92008