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HomeMy WebLinkAbout1999-01-05; City Council; 15002; Incidental Outdoor Dining Areas. h -\ CITY OF CARLSBAD - AGEWA BILL AB# ls,-z TITLE- . MTG. I-f- 57 STATUSUPDATE INCIDENTAL OUTDOOR DINING AREAS DEPT. PLN I ZCA 96-1 OlLCPA 96-1 OlMCA 96-04 RECOMMENDED ACTION: That the City Council take no action, thereby allowing the now-repealed Incidental Outdoor Dining Areas Ordinance (ZCA 96-l O/LCPA 96-l O/MCA 96-04) to remain repealed. ITEM EXPLANATION: On September 9, 1997, City Council approved a Zone Code Amendment, Local Coastal Program Amendment, and Municipal Code Amendment which did the following things: 0 created and defined an “Incidental Outdoor Dining Area” (“IODA”) as an allowed use on private properly outside of the Redevelopment Area; 0 established procedures for issuance of an administrative Incidental Outdoor Dining Area Permit; l created design standards and locational criteria for IODA’s; l exempted IODA’s from sewer impact fee calculations; l excluded IODA’s from the use area calculation used to determine parking requirements; and, l included a sunset clause which caused the ordinances to be automatically repealed on October 17,1998 unless re-authorized prior to that date. The adopted ordinances became effective outside of the Coastal Zone on October 16, 1997. (The ordinance has never gone into effect within the Coastal Zone due to the fact that the Coastal Commission acted on the item only recently and suggested some modifications which have not been reviewed or acted upon by City Council.) Since the automatic repeal date (outside of the Coastal Zone) was October 17, 1998, the ordinance is now no longer in effect anywhere in the City. When the IODA regulations were approved it was expected that there would be a high level of interest in the opportunity provided on the part of restaurant owners/operators. However, over the past year the City has received no permit requests and only two recent inquiries. In each instance, the business generating the inquiry was located in the Coastal Zone. The first (the Company Stores restaurants) can accomplish the provision of outdoor seating through an amendment to their approved Site Development Plan. The second (Sand Bar) would not qualify for the desired parking waiver because of its location West of the railway lines and the fact that it does not meet Code requirements for parking. (See discussion below). At this time Council has several alternatives available to them, as follows: 1. Do nothing. If Council takes no action, the IODA ordinances will remain repealed. In this case most existing businesses having outdoor seating would remain a code enforcement issue, and there would be no administrative process to allow some or all of their existing outdoor seating. 2. Direct staff to prepare a new IODA ordinance for consideration by Council. If Council wishes to consider a new IODA ordinance, staff would recommend that such ordinance, at a minimum, be written to include the modifications suggested by the Coastal Commission for the previous IODA. The Coastal modifications would h PAGE 2 OFAGENDn BILL NO. 1’5 ,oP’, allow an IODA for businesses located West of the railway lines only if the restaurant/eating establishment is providing on-site parking per code requirements (Chapter 21.44 - Parking) for the indoor portion of the business. (i.e., Any such facility located West of the railway line which was not parked per code for the indoor portion of the business would not be allowed to have an IODA.) a 01/05/99 _ 13:46 FAX 714 424 1919 _. S’I’AKbUC’KS SW LlJNf? _,, __ ..- Statiaoks Coffee Company SouthwestZoneOffice 1770ONewhopeStreet,Suite200 Founlair1Valley,CA92708 7141424-l 900 Faxz 714/424-1919 Fax:714/424-19mStere Oevbmment Januaq 5,1999 Via Fax: (760)720-946 I Mr. Claude A. “Bud” Lewis Mayor City of Carlsbad 1200 Carlsbad Village Drive G&bad, CA 92008 AGENDA ITEM # 15 c: myoi .:L 4 IColancil iA., I Manager :::y Atmney my Clerk RE: Incidental Outdoor Dining Area Ordinance Dear Mayor Lewis: I understand that the City Council at its meeting this evening may consider action on an ordinance which would allow restaurants and other food establishments to have incidental outdoor dining areas in the city. We strongly support such an ordinance and urge the City Council to take appropriate action to permit and encourage incidental outdoor dining areas in the city. Thank you for your consideration. Sincerely, STARBUCKS COFFEE COMPANY Director of Development, Strategic Alliances Cc: Phil Palisoul _ 01/05/99 TUE 11:42 FAX . FAX 949 224 4101 -. CRAIG REALTY GHUU~ IglUUl AGENDA ITEM #,/s’, c/ C: Mayor city c0uncl1 S!?-/ Manager S:Zy Attorney City Clerk Date: January 4,1999 Number of pages including cover sheet: 1 FROM: Phil Palisoul CRAIG REALTY GROUP 1500 QuaiI Street, Suite 100 Newport Beach, CA 92660 TO: Mr. Claude A. ‘Dud” Lewis Mayor City of Carisbad RE: City of Car&bad Outdoor Seating Ordinance CC: Steve Craig Phone (714) 224-4110 Phone (760)434-2830 Fax Phone (714) 224-4101 Fax Phone (760)720-9461 REMARKS: 0 Urgent tl For your review I3 Reply ASAP q Please Comment Dear Mayor Lewis: At the January 5,1999 City Council meeting Item number 15 on the agenda is a “Status Report on Incidental Outdoor Dining Areas.” The stated purpose on the agenda is to receive the update and consider taking no action which would, in effect, allow the ordinance to remain repealed. It was repealed as a result of a “sunset clause” written into the law which allowed it to automatically expire if it is not renewed by City Council. As a partner in Carlsbad Company Stores and a business owner in Carisbad, I urge you to not allow the ordinauce to die, but to please consider adopting it or a similar ordinance on a permanent basis. Thank you.