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HomeMy WebLinkAbout2013-03-12; City Council; 21160; Policy Statement Curb Cafes Use FeeCITY OF CARLSBAD - AGENDA BILL 15 ADOPTION OF PROPOSED CITY COUNCIL POLICY STATEMENT ON CURB CAFES AND ADOPTION OF A CURB CAFE USE FEE DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2013-061 . APPROVING a new City Council Policy Statement on curb cafes; and ADOPT Resolution No. 2013-062 APPROVING a new curb cafe use fee. ITEM EXPLANATION: The City of Carlsbad entered into a contract with Urban Place Consulting Group (Urban Place) in April 2012 to provide consulting services to develop a program, policies, financing mechanisms and/or other initiatives to spur local investment and foot traffic on a self-sustaining basis for the Village, or that area regulated by the Village Master Plan and Design Manual. As part of this effort, Urban Place has conducted surveys of Village businesses, property owners, residents and visitors. In each of these surveys, the respondents rated the creation of more outdoor dining as a high priority. The city permits sidewalk dining in the Village. However, one of the challenges to creating more outdoor dining in the Village is the relatively narrow width of the sidewalks. Several other cities faced with this same challenge, such as San Jose, Long Beach, and San Francisco, have created programs to utilize the street right of way, including parking spaces, to expand outdoor dining as a "parklet" or "curb cafe." The experience in all of these cities has been very positive. A curb cafe is a temporary deck structure that allows outdoor dining to extend from the sidewalk and into the parking lane. The purpose of creating curb cafes is to provide a unique offering that will attract more users to the Village and strengthen the local restaurants. Curb cafes will create a stronger user and pedestrian experience by increasing the quantity and quality of outdoor dining in the Village and enlivening the streetscape. Adding additional outdoor dining opportunities is an integral part of Village revitalization. This policy, developed in consultation with Urban Place, establishes a three-year pilot program for approving curb cafes in a limited portion of the Village. The City Council could extend or modify the program if desired. Subject to this policy, curb cafes may take the place of on-street parking. Curb cafe permits may be valid for up to three years, subject to filing of an application, noticing of adjacent property owners and businesses, and approval and annual inspection by the city planner. The policy would allow the permitting of no more than eleven curb cafes during the three-year pilot program. FISCAL IMPACT: Staff time will be spent processing, inspecting, and monitoring curb cafes; this will be partially offset by permit and processing fees. DEPARTMENT CONTACT: Scott Donnell 760-602-4618 scott.donnell@carlsbadca.qov FOR CITY CLERKS USE ONLY. X • COUNCIL ACTION: APPROVED X • CONTINUED TO DATE SPECIFIC • DENIED X • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 Properties within the Village may satisfy all or a portion of the parking requirements through payment of an in-lieu fee. The Village Parking In-lieu Fee Program pools fees for all Village districts to support the development and maintenance of public parking. Fees are based upon a determination ofthe estimated cost of providing an above ground structured parking space, including land construction, soft costs and maintenance. The current in-lieu fee is $11,555/parking space. Curb cafes will remove available on-street public parking in the Village. To compensate for this parking loss, staff recommends adoption of a use fee of $100 per month per parking space (maximum 2 parking spaces). Thus, the applicant would pay $1,200 per space/per year, collected upon permit issuance and paid annually thereafter for the duration ofthe permit. This annual payment is based on the approximate cost of the in-lieu fee amortized over ten years. A ten year amortization versus three year amortization (the duration of the curb cafe permit) results in a fee amount that is reasonable given the temporary nature of curb cafes. Use fees collected will be deposited with in-lieu fees for public parking maintenance and construction. ENVIRONMENTAL IMPACT: The construction or placement of minor structures accessory to existing commercial facilities is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311. CEQA Guidelines Section 15300.2, however, states such projects may not be exempt if they are located in a particularly sensitive environment. Since curb cafes are minor accessory structures and would be located in a non-sensitive, urbanized area, their placement in the Village would be exempt from environmental review. EXHIBITS: 1. City Council Resolution No. 2013-061 (proposed Council Policy Statement) 2. City Council Resolution No. 2013-062 (proposed use fee) 2- 1 RESOLUTION NO. 2013-061 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A CITY COUNCIL 3 POLICY STATEMENT ON CURB CAFES WITHIN LAND USE DISTRICT ONE OF THE VILLAGE MASTER PLAN AND DESIGN 4 MANUAL. CASE NAME: CURB CAFES 5 CASE NO.: SS 13-01 6 The City Council of the City of Carlsbad, California, does hereby resolve as 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2^ experience by increasing the quantity and quality of outdoor dining in the Village and enlivening 22 the streetscape; and 2^^ WHEREAS, furthermore, adding outdoor dining opportunities is an integral part 24 of Village revitalization. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 2^ of Carlsbad, California, as follows: 27 1. That the above recitations are true and correct follows: WHEREAS, the City of Carlsbad entered into a contract with Urban Place Consulting Group (Urban Place) in April 2012 to provide consulting services to develop a program, policies, financing mechanisms and/or other initiatives to spur local investment and foot traffic on a self-sustaining basis for the Village, or that area regulated by the Village Master Plan and Design Manual; and WHEREAS, as part of the implementation of this effort to encourage investment and pedestrians, the City of Carlsbad has approved a new City Council Policy Statement (attached as "Exhibit A") that establishes a three-year pilot program to permit curb cafes within Land Use District 1 of the Village; and WHEREAS, a curb cafe, which is a temporary deck structure that allows outdoor dining to extend from the sidewalk and into the parking lane, will provide a unique offering that will attract more users to the Village and strengthen the local restaurants; and WHEREAS, curb cafes also will create a stronger user and pedestrian 28 3 1 2. That the City Council Policy Statement No. on curb caf6s is adopted as shown on "Exhibit 1" to this resolution. 2 "NOTICE TO APPLICANT" 3 The time within which judicial review of this decision must be sought is governed 4 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a 6 request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is ^ extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written ® request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12"^ day of March 2013, by the following vote, to wit: AYES: Council Members Blackburn, Wood, Douglas. NOES: None. ABSENT: Council Members Hall, Packard. KEITH BLACKBURN, Council Member ATTEST: ^^^^ ^ Policy No. ^Wp" CITY OF Date Issued: 3-12-13 ^ CARLSBAD Effective Date: Immediately Resolution No. 2013-061 3 years from Council Policy Statement Cancellation Date Supersedes No. effective date Category: VILLAGE MASTER PLAN AND DESIGN MANUAL, SIDEWALK CAFES Specific Subject: Curb Cafe Pilot Program Policy PURPOSE: A curb cafe is a temporary deck structure that allows outdoor dining to extend from the sidewalk and into the parking lane. The purpose of creating curb cafes is to provide a unique offering that will attract more users to the Village and strengthen the local restaurants. Curb cafes will create a stronger user and pedestrian experience by increasing the quantity and quality of outdoor dining in the Village and enlivening the streetscape. Adding additional outdoor dining opportunities is an integral part of Village revitalization. BACKGROUND: The City of Carlsbad entered into a contract with Urban Place Consulting Group (Urban Place) in April 2012 to provide consulting services to develop a program, policies, financing mechanisms and/or other initiatives to spur local investment and foot traffic on a self-sustaining basis for the Village, or that area regulated by the Village Master Plan and Design Manual. As part of this effort. Urban Place has conducted surveys of Village businesses, property owners, residents and visitors. In each of these surveys, the respondents rated the creation of more outdoor dining as a high priority. The city permits sidewalk dining in the Village. However, one of the challenges to creating more outdoor dining in the Village is the relatively narrow width of the sidewalks. Several other cities faced with this same challenge, such as San Jose, Long Beach, and San Francisco, have created programs to utilize the street right of way, including parking spaces, to expand outdoor dining. The experience in all of these cities has been very positive. This policy, developed in consultation with Urban Place, establishes a three-year pilot program for approving curb cafes in a limited portion of the Village. Subject to this policy, curb cafes may take the place of on-street parking. Curb cafe permits may be valid for up to three years, subject to filing of an application, noticing of adjacent property owners and businesses, and approval and annual inspection by the city planner. POLICY: Curb cafes shal! be governed in general by the provisional land use standards for Sidewalk Cafes found in Chapter 2 ofthe Village Master Plan and Design Manual, with the following additions/exceptions: Pilot program 1. The curb cafe program shall be a pilot program beginning upon the effective date of this Council Policy and ending three years from the effective date of this policy. Prior to the policy's end date, the City Council may re-evaluate the policy, modify its provisions, and/or extend it. Page 1 of 3 Policy No. 2. Curb cafe permits shall be valid for a maximum three years. Permits may be issued anytime during the pilot program. The three year maximum period for which curb cafe permits are valid may extend beyond the end of the pilot program. Once the permit has expired, the curb cafe shall be completely removed and the street, curb, and other adjacent surfaces restored to the condition prior to the curb cafe installation. Location, number, and use 3. Curb cafes shall be limited to street rights of way within Land Use District 1. However, they shall not be permitted along Carlsbad Boulevard and Carlsbad Village Drive due to traffic volumes and/or inadequate right of way. A map of Land Use District 1 is attached. 4. During the three-year term of the curb cafe pilot program, a maximum of eleven curb cafes may be permitted within Land Use District 1. 5. Within Land Use District 1, no more than four curb cafes may be permitted per block with the exception of State Street between Carlsbad Village Drive and Grand Avenue, which may have a maximum of five curb cafes. A block is defined as two opposing block faces between adjacent, parallel intersecting streets. 6. Curb cafes shall be limited to food and/or beverage serving uses only. 7. Curb cafes may be combined with sidewalk cafes. Design standards 8. In addition to complying with the provisions of this policy, curb cafes shall comply with all applicable criteria required of Sidewalk Cafes, as stated in the provisional use standards of Chapter 2 ofthe Village Master Plan and Design Manual. 9. The maximum size of curb cafes shall be limited to two parking spaces, either diagonal or parallel. However, to facilitate access and visibility for motorists, a minimum one-foot wide buffer shall be provided between the curb cafe, adjacent parking stalls, and the vehicle travel way. 10. In areas where parking spaces are not demarcated, the two parking space maximum shall still apply and shall be based on dimensional parking standards approved by the city. 11. The maximum length and size ofthe curb cafe shall generally be restricted to the length ofthe building/tenant space the curb cafe serves. The curb cafe should be "most-directly" in front of the business it serves. Accordingly, some curb cafes may be limited to no more than one parking space. 12. The design of curb cafes shall be reviewed and approved as a part of the curb cafe permit. Quality architectural design features and materials are expected and required and shall support Goal 4 ofthe Village Master Plan and Design Manual, "improve the physical appearance ofthe Village Area." 13. The city may deny a proposed curb cafe due to reasons of public health, safety or welfare, such as lack of adequate infrastructure, topography, proximity to driveways or intersections, and proximity to residences. 14. Curb cafes shall not require replacement or additional parking. Permits, review, and fees 15. Before installing a curb cafe, an applicant must first apply for and obtain approval of a curb cafe permit from the city planner. The applicant shall apply for a curb cafe permit using the application form required of sidewalk cafes. The applicant shall pay the required application fee and follow the submittal requirements outlined on the application and as provided in this policy. 16. In addition to securing a curb cafe permit, the applicant also shall apply for and obtain approval before installing the curb cafe of (1) an encroachment agreement to allow private improvements in the public right of way; (2) a building permit; and (3) any other required permits. Page 2 of 3 (jp Policy No. 17. Curb cafe permits shall be subject to noticing of adjacent property owners and tenants within a 100-foot radius of the property of the business the curb cafe would serve. The notice shall announce the city planner's pending decision and invite persons to provide verbal or written comments on the decision to the city planner during a ten day review period. Those property owners or tenants providing comment on the curb cafe permit shall receive notice of the city planner's decision. The process for appeals of the city planner's decision shall be according to Carlsbad Municipal Code Section 21.54.140. 18. Curb cafe permits shall be reviewed annually by the city planner for compliance with these policy provisions and any permit conditions. For problems encountered and not resolved after written notice and reasonable period of time to cure, the permit may be brought back up for administrative review, placement of additional or modified conditions, revocation, or other remedies available to the city. 19. The applicant shall be subject to the indemnification and insurance criteria applicable to Sidewalk Cafes as stated in Chapter 2 ofthe Village Master Plan and Design Manual. 20. The applicant shall pay to the City of Carlsbad a use fee of $100 per month per parking space (maximum 2), payable in one-year increments ($1,200 per space/per year). The use fee shall be collected upon permit issuance and shall be paid annually thereafter for the duration of the permit. 21. Curb cafes may be exempt from payment of sewer and traffic impact fees, consistent with city ordinances. Maintenance 22. Curb cafes, including all materials, fixtures, furniture and plants, if any, shall be maintained in good condition. All maintenance and repair of curb cafes shall be the sole responsibility of the applicant. Additionally, the applicant shall sweep and remove debris from adjacent street areas made inaccessible to street sweepers due to the curb cafe. Prohibitions 23. Curb cafes shall not block or impede access to restricted parking areas, fire hydrants, manholes and other utility features. 24. Curb cafes shall not be permitted to have awnings or roof elements. 25. No signs, including signs prohibited by Carlsbad Municipal Code Section 21.41.030, or objects that would distract or impair motorists, shall be attached or displayed on any part of the sidewalk cafe. Page 3 of 3 (fit City of Carlsbad Curb Cafes Permitted Only in Viliage Land Use District 1 17 18 19 20 21 22 23 24 25 26 27 28 The City Council of the City of Carlsbad, California, does hereby resolve as EXHIBIT 2 1 RESOLUTION NO. 2013-062 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A CURB CAF£ USE FEE 3 CASE NAME: CURB CAFES CASE NO.: SS 13-01 4 5 follows: 6 WHEREAS, the City of Carlsbad has approved a new City Council Policy 7 Statement that establishes a three-year pilot program to permit curb cafes within Land Use 8 District 1 of the Village Master Plan and Design Manual ("Village"); curb cafes would be 9 approved for a maximum period of three years; and 10 WHEREAS, curb cafes are temporary deck structures that allows outdoor dining 11 to extend from the sidewalk and into the public right of way parking lane; and 12 WHEREAS, use of public right of way for curb cafes represents a loss of public 1^ parking; and 1^ WHEREAS, properties within the Village may satisfy all or a portion of the 1^ parking requirements through payment of an in-lieu fee, which support the development and 1^ maintenance of public parking. The in-lieu fee is based upon a determination of the estimated cost of providing an above ground structured parking space, including land construction, soft costs and maintenance. The current in-lieu fee is $11,555/parking space; and WHEREAS, to compensate for the loss of public parking, curb cafe applicants shall pay to the City of Carlsbad a use fee of $100 per month per parking space, payable in one- year increments ($1,200 per space/per year). The use fee shall be collected upon permit issuance and shall be paid annually thereafter for the duration of the permit; and WHEREAS, the annual payment is based on the approximate cost of the in-lieu fee amortized over ten years. A ten year amortization versus three year amortization (the duration of the curb cafe permit) results in a fee amount that is reasonable given the temporary nature of curb cafes. Further, use fees collected will be deposited with in-lieu fees for public parking maintenance and construction; and 1 WHEREAS, the City Council of the City of Carlsbad, on the I2th day of March 2 2013, held a public meeting to adopt a new curb cafe use fee and at that time received 3 recommendations, objections, protests, comments of all persons interested in or opposed to the 4 fee 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 6 of Carlsbad, California, as follows: ^ 1. That the above recitations are true and correct. o 2. That the City Council approves the new curb cafe use fee of $100 per month Q per parking space, payable in one-year increments ($1,200 per space/per year). The use fee shall be collected upon permit issuance and shall be paid J Q annually thereafter for the duration of the permit. "NOTICE TO APPLICANT" 11 12 The time within which judicial review of this decision must be sought is governed ^2 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review j4 must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a j3 request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 1^ extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written 17 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 18 " 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12*^ day of March 2013, by the following vote to wit: AYES: NOES: Council Members Blackburn, Wood, Douglas. None. ABSENT: Council Members Hall, Packard. KEITH BLACKBURN, Council Member ATTEST: Curb Cafés Scott Donnell March 12, 2013 Proposal •Pilot program to permit curb cafés •Downtown Village only •Permit and noticing requirements What is a curb café? “Temporary deck structure that allows outdoor dining to extend from the sidewalk and into the parking lane.” Long Beach New York San Francisco Curb Café Study - Carlsbad Curb Café Study - Carlsbad Curb Café Study - Carlsbad Proposed Policy Statement •Establishes three-year pilot program •Limits curb cafés to the Village core •Restricts curb cafés to quieter streets •Provides three-year maximum permit •Allows city planner approval Proposed Policy Statement Establishes curb café standards: •Use, number and location •Permits and fees •Public notice •Materials, maintenance and inspection Proposed Policy Statement Other provisions: •Curb cafés do not require parking •Signs and distracting objects not permitted •Curb cafés may be denied due to public health, safety, and welfare concerns Recommendation City Council adopt resolutions: •2013-061 - approving Council policy statement •2013-062 – approving curb café use fee