HomeMy WebLinkAbout1999-01-05; City Council; 15002; Incidental Outdoor Dining Areas.
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CITY OF CARLSBAD - AGEWA BILL
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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That the City Council take no action, thereby allowing the now-repealed Incidental Outdoor Dining
Areas Ordinance (ZCA 96-l O/LCPA 96-l O/MCA 96-04) to remain repealed.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l included a sunset clause which caused the ordinances to be automatically repealed on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Coastal Zone) was October 17, 1998, the ordinance is now no longer in effect anywhere in the City.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
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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.)
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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
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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.