HomeMy WebLinkAbout1999-06-22; City Council; 15277; Incidental Outdoor Dining AreasCl=’ OF CARLSBAD - AGEPA BILL
AB # JS&ZL TITLE:
MT& 6/22/W
DEPT. CLK
INCIDENTAL OUTDOOR DINING AREAS
ZCA 99-Ol/LCPA 99-01
DEPT. HD. h&
CITY ATTY -
CITY MGR. -
RECOMMENDED ACTION:
Adopt Ordinance No. NS-492, amending Title 21 of the Carlsbad Municipal Code, to allow
incidental outdoor dining areas associated with restaurants, on property generally citywide,
outside of the Redevelopment Area, and outside of the Commercial/Visitor-Serving Overlay
Zone.
ITEM EXPLANATION
Ordinance No. NS-492, was introduced and first read at the City Council meeting held on
June 15, 1999. The second reading allows the City Council to adopt the ordinance which
would then become effective in thirty days. (Not withstanding the preceding, this ordinance
shall not be efective within the City’s Coastal Zone until approved by the California Coastal
Commission.) The City Clerk will have the ordinance published within fifteen days, if
adopted.
FISCAL IMPACT
See Agenda Bill No. 15,260 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-492.
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ORDINANCE NO. NS-492
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 RELATING
TO INCIDENTAL OUTDOOR DINING AREAS ON
PROPERTY LOCATED CITYWIDE OUTSIDE OF THE
REDEVELOPMENT AREA AND OUTSIDE OF THE
COMMERCIALMSITOR-SERVING OVERLAY ZONE.
CASE NAME: INCIDENTAL OUTDOOR DINING AREAS II
CASE NO. : ZCA 99-01
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 2 1.04.188.1 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 and except within the Commercial/Visitor-Serving
Overlay Zone, 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. On properties located west of the railroad right-of-way and outside of
the Village Redevelopment Area, Incidental Outdoor Dining Areas shall be allowed only where
the existing indoor restaurant, bona fide eating establishment, or deli provides on-site parking in
compliance with the parking ratios specified in Chapter 21.44 (Parking Ordinance) of the
Municipal Code. 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 21.26 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 bv administrative permit.
Incidental Outdoor Dining Areas may be approved by administrative permit for restaurants,
bona fide 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 and outside of the Commercial/Visitor-Serving Overlay Zone except on
those sites located within the Coastal Zone west of the railroad right-of-way which do not provide
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parking for their indoor seating on-site in compliance with Chapter 2 1.44 (Parking Ordinance) of
the Municipal Code. 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.
(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
calendar 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 calendar 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.
(b) 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 calendar 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 1.201.160 and 2 1.201.170.
(c) 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 Incidental Outdoor Dining Area would:
(4 encroach into the public right-of-way;
(9 eliminate any existing parking spaces;
(Cl interfere with vehicle or pedestrian circulation;
@I 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
Engineer, because of the speed, volume, or nearness of vehicular
traffic.
(6) When calculating square footage for purposes of determining parking required
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per Chapter 21.44 of this Code, space used for Incidental Outdoor Dining Areas pursuant to this
section shall be excluded.”
SECTION III: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 2 1.26.02 l(1) to read as follows:
“(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, nurseries for sale of plants and flowers and other
enterprises customarily conducted in the open;”
SECTION IV: 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 DininP Areas nermitted 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 21.26.013(a).”
SECTION V: 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:
“21.28.012 Incidental Outdoor Dining Areas oermitted 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 2 1, Chapter 2 1. 28 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 2 1.28.020( 1) to read as follows:
“(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, horticultural nurseries, and other enterprises
customarily conducted in the open.”
SECTION VII: 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 nermitted 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 21.26.013(a).”
SECTION VIII: 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 nermitted bv administrative Permit.
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 21.26.013(a).”
SECTION IX: That Title 21, Chapter 21. 30 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 21.30.020(2) to read as follows:
“(2) All uses shall be conducted wholly within a completely enclosed building, or
within an area enclosed on all sides with a solid wall or uniformly painted fence not less than five
feet in height, except such uses as gasoline stations, electrical transformer substations,
horticultural nurseries, and other enterprises customarily conducted in the open, provided such
exclusion shall not include storage yards, contractor’s yards and like uses;”
SECTION X: 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 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 XI: 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:
“2 1.34.035 Incidental Outdoor Dining Areas uermitted bv administrative uermit.
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).”
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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
effective within the City’s Coastal Zone until approved by the Calzfornia Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 15 day of June 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 22 day of June 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
I
Z, City Clerk
KAREN R. KUNDTZ,
(SEW
Assistant CityClerk
-5-
City
June 29,1999
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-492. NS493 & NS494 adopted by the Carlsbad City Council on
June 22,1999.
If you have any questions please call the City Clerk’s office.
’ ,/
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KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @
City
June 29,1999
San Diego County Law Library
1105 Front Street
San Diego, CA 92101
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-492. NS-493 & NS-494 adopted by the Carlsbad City Council on
June 22,1999.
If you have any questions please call the City Clerk’s office.
,’
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,/
KATHLEEN 0. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 - (760) 434-2808 43
City
June 29, 1999
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 98109-5293
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-492. NS-493 & NM94 adopted by the Carlsbad City Council on
June 22,1999.
If you have any questions please call the City Clerk’s office.
j:- g-? ; $/(&. ‘ .,,__ ;LP
KATHLEEN 0. 4-l OUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 @