HomeMy WebLinkAbout1997-09-16; City Council; 14354; Incidental Outdoor Dining AreasA . . ‘\ 1 4 j “I ‘3
CITY OF CARLSBAD -AGENDA BILL
AB# )4,35+ TITLE: AB# )4,35+ TITLE: INCIDENTAL OUTDOOR DINING AREAS INCIDENTAL OUTDOOR DINING AREAS DEPT. HD. DEPT. HD.
+w/LCPA 96-1 OlMCA 96-04 +w/LCPA 96-1 OlMCA 96-04
MTG. MTG. 9/l 6197 9/l 6197 CITYAllY. t++ CITYAllY. t++
DEPT. CA DEPT. CA CITY CITY MGRa MGRa
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RECOMMENDED ACTION:
That the City Council adopt Ordinances NS-420 and NS-421, as introduced on September 9, - 1997.
ITEM EXPLANATION:
At its meeting of September 9, 1997 the City Council introduced Ordinances NS-420 and NS-
421 as amended. Council made three changes to Ordinance NS-420 as follows:
1.
2.
3.
Delete subparagraph (7) of section 21.26.013 regarding heating devices.
Increase the number of seats in section 21.04.188.1(1) from 16 to 20.
Add a sunset clause that this ordinance will only be effective only until midnight,
September 9, 1998, and will be repealed unless an ordinance enacted prior to
this date deletes or extends it.
The ordinances are attached for your review. If the changes to NS-420 accurately reflect
your action prior to introduction, your action is to adopt both of these ordinances.
FISCAL IMPACT:
See fiscal impact as shown on Agenda Bill No. 14,345, dated g/9/97.
EXHIBITS:
I. Ordinance NS-420
2. Ordinance NS-421
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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 21, Chapter 21.04 of the Carlsbad Municipal Code is amended
by the addition of Section 21.04.188.1 to read as follows:
“2 1.04.188.1 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 2 1, Chapter 2 1.26 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.26.0 13 to read as follows:
“21.26.013 Incidental Outdoor Dining Areas nermitted bv administrative permit.
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.
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(4 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 suf&ient 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.
09 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 2 1.26.013(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 Pennit,
unless the decision is appealed to the Planning Commission, the Director shall provide a notice of
final action in accordance with Sections 21.201.160 and 21.201.170.
Cc) Development Standards. All Incidental Outd~r 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:
09 encroach into the public right-of-way;
(B) eliminate any existing parking spaces;
(Cl interfere with vehicle or pedestrian circulation;
@) remove or reduce existing landscaping (unless equivalent additional
landscaping is provided elsewhere to the satisfaction of the Planning Director);
(E) present a trafk hazard; or,
(F) 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 2 1.44 of this Code, space used for incidental outdoor dining areas pursuant to
this section shall be excluded.
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SECTION III: That Title 2 1, Chapter 2 1.27 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.27.035 to read as follows:
“2 1.27.035 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).”
I SECTION IV: That Title 21, Chapter 21.28 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.28.012 to read as follows:
“21.28.012 Incidental Outdoor Dining Areas nermitted bv administrative nennit.
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved by administrative permit p ursuant to section 2 1.26.013(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:
“2 1.29.045 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 21.26.013(a).”
SECTION VI: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.30.0 15 to read as follows:
“2 1.30.015 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 21.26.013(a).”
SECTION VII: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is
amended by the addition of Section 2 1.32.015 to read as follows: ,
“2 1.32.015 Incidental Outdoor Dining Areas nermitted 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 2 1.34 of the Carlsbad Municipal Code is
amended by the addition of Section 21.34.035 to read as follows:
“21.34.035 Incidental Outdoor Dinine Areas nermitted bv administrative nerrnit.
Subject to the development standards set forth in section 21.26.013(c) an Incidental
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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 October 17, 1998, and as of that date is repealed unless an ordinance which is enacted
before October 17, 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 CaliforniaCoastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carl&ad 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 1997, by the following vote, to wit: 16 t h day of SEPTEMBER
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: None
ABSTAIN: N
r
ALETHA L. RAUTENKIWN Z, City Clerk
(SEW
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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.) titian
thereof
Delicatessen or fast food, using only disposable tableware:
+ No seating 2.67
+ Seating 2.67 plus 1.00
(Exception: Seats allowed in “Incidental Outdoor Dining Areas” per each 21
as defined by Chapter 2 1.04.188.1 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 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
efective within the City’s Coastal Zone until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Councilonthe 9th day of SEPTEMBER 1997, andthereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 16 t h day of SEPTEMBER 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ALETHA L. .
(SEAT-4
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