HomeMy WebLinkAbout2013-03-26; City Council; 21172; Amendments Codes Fees Outdoor Dining AreasCITY OF CARLSBAD - AGENDA BILL
'^^^ 21.172 AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE,
TITLES 13 — SEWERS AND 18 - BUILDING CODES &
REGULATIONS TO CLARIFY SEWER AND TRAFFIC FEES
RELATED TO OUTDOOR DINING AREAS
DEPT. DIRECTOR ^^IP)
MTG. 3/26/13
AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE,
TITLES 13 — SEWERS AND 18 - BUILDING CODES &
REGULATIONS TO CLARIFY SEWER AND TRAFFIC FEES
RELATED TO OUTDOOR DINING AREAS
CITY ATTORNEY ^
DEPT. Clerk
AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE,
TITLES 13 — SEWERS AND 18 - BUILDING CODES &
REGULATIONS TO CLARIFY SEWER AND TRAFFIC FEES
RELATED TO OUTDOOR DINING AREAS CITY IVIANAGER
RECOMMENDED AaiON:
Adopt Ordinance No. CS-207, amending the Carlsbad Municipal Code, Title 13 - Sewers and Title 18
Building Codes and Regulations to clarify sewer and traffic fees related to outdoor dining areas.
ITEM EXPLANATION:
Ordinance No. CS-207 was introduced and first read at the City Council meeting held on March 12,
2013. The second reading allows the City Council to adopt the ordinance which will become effective
thirty days after adoption. The City Clerk will have the ordinance or a summary of the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,154 on file in the Office ofthe City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
EXHIBIT;
1. Ordinance No. CS-207.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED •
DENIED •
CONTINUED •
WITHDRAWN •
AlVIENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
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EXHIBIT 1
ORDINANCE NO. CS-207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL
CODE, TITLE 13 — SEWERS AND TITLE 18 — BUILDING CODES AND
REGULATIONS, TO CLARIFY SEWER AND TRAFFIC FEES RELATED
TO OUTDOOR DINING AREAS
The City Council ofthe City of Carlsbad, California, hereby ordains as follows:
SECTION 1: That Title 13, Chapter 13.10, Section 13.10.20, subsection (c) ofthe
Carlsbad Municipal Code is amended to read as follows:
13.10.020 — Equivalent dwelling units.
(c) Table 13.10.020(c) shall be used to determine equivalent dwelling units.
TABLE 13.10.020(c)
Type of Building, Structure or Use Equivalent Dwelling
Units
(1) Each space of a trailer court or mobilehome park 1.00
(2) Each duplex 2.00
(3) Each separate apartment in an apartment house 1.00
(4) Each housing accommodation designed for occupancy by a single
person or one family, Irrespective of the number actually occupying such
accommodation
1.00
(5) Each room of a lodginghouse, boardinghouse, hotel, motel or other
multiple dwelling designed for sleeping accommodations for one or more
Individuals
Without cooking facilities 0.60
With cooking facilities 1.00
(6) Churches, theaters and auditoriums, per each unit of seating
capacity (a unit being one hundred fifty persons or any fraction thereof)
1.33
(7) Restaurants
No seating 2.67
Seating (See Note) 2.67 plus 1.00 per
each 7 seats or
fraction thereof
Delicatessen or fast food, using only disposable tableware:
No seating 2.67
Seating (See Note) 2.76 plus 1.00 per
each 21 seats or
fraction thereof
(8) Automobile service stations:
Not more than four gasoline pumps 2.00
More than four gasoline pumps 3.00 A.
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(9) Self-service laundries, per each washer .75
(10) Office space in Industrial or commercial establishments not listed
above and warehouses
Divide the gross
floor area of the
building In square
feet by 1800
(11) Schools:
Elementary schools
For each sixty pupils or fraction thereof 1.00
Junior high schools
For each fifty pupils or fraction thereof 1.00
High schools
For each thirty pupils or fraction thereof 1.00
(12) In the case of all commercial. Industrial and business
establishments not Included In subdivisions 1 through 10, inclusive, of
this subsection, the number of equivalent dwelling units shall be
determined in each case by the utilities director and shall be based upon
his estimate of the volume and type of wastewater to be discharged Into
the sewer. The provisions of Chapter 13.16 shall applv to all cases under
this subsection and an Industrial waste permit shall be required. Any
such permit, Issued for any use hereunder, shall Include a specific
volume of sewage authorized for such use. If said amount Is exceeded, It
shall be grounds for revocation of the permit
(13) Theme park (LEGOLAND California) per acre 17.00
Note: Seats allowed in incidental outdoor dining areas pursuant to Section 21.26.013, and
seats allowed without any parking requirement in outdoor, sidewalk or curb cafes, as defined
by and pursuant to the Carlsbad Village Master Plan and Design Manual and the City Council,
shall not count towards the generation of equivalent dwelling units. However, any
combination of outdoor seats which exceeds the number of indoor seats and therefore is
required to be parked, shall count towards the generation of equivalent dwelling units."
SECTION 2: That Title 18, Chapter 18.42, Section 18.42.020, subsection (e) of
the Carlsbad Municipal Code is amended to read as follows:
18.42.020 — Definitions.
(e) "Trip" means an arrival at or a departure from a project by any motor vehicle averaged
over a one-day period (12:01 a.m. to 11:59 p.m.) as determined according to Table
18.42.020(e). In using this table, the square footage ofthe building, structure or use shall
include all interior floor area of a building or structure, and all usable ground area of a
use without a structure, except any designated open space area. Where the table
establishes traffic generation for a project on the basis of square footage, acreage, or
some other unit, the unit establishing the greatest number of trips shall be utilized. When
a project has more than one use the number of trips shall be calculated by adding
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together all the trips generated by each use. For uses not listed in the table the trips
shall be calculated by the transportation director.
Table 18.42.020(e)
Land Use Estimated Weekday Vehicle
Trip Generation Rate
Agricultural (Open space) 2/acre
Airports
Commercial 12/acre, 100/fllght, 70/1,000 sq.
ft.
General aviation 4/acre, 2/fl1ght, 6/based aircraft
Heliports 100/acre
Automobile
Car wash 900/slte, 600/acre
Gasoline 750/statlon, 130/pump
Sales (Dealer and repair) 40/1,000 sq. ft., 300/acre,
60/serv1ce stall
Auto repair center 20/1,000 sq. ft., 400/acre,
20/service stall
Banking
Bank (Walk-In only) 150/1,000 sq. ft., 1,000/acre
Bank (with drive-through) 200/1,000 sq. ft., 1,500/acre
Drive-through only 300 (150 one-way)/lane
Savings and Loans 60/1,000 sq. ft., 600/acre
Drive-through only 100 (50 one-way)/lane
Cemeteries 5/acre
Church (or Synagogue) 15/1,000 sq. ft., 40/acre (triple
rates for Sunday, or days of
assembly)
Commercial/retail centers
Super regional shopping center (more than 60 acres,
more than 600,000 sq. ft., with usually 3+ major stores)
40/1,000 sq. ft., 400/acre
Regional shopping center (30-60 acres, 300,000-
600,000 sq. ft., with usually 2+ major stores)
50/1,000 sq. ft., 500/acre
Community shopping center (less than 10-30 acres,
100,000-300,000 sq. ft., with usually 1 major store and
detached restaurant)
70/1,000 sq. ft., 700/acre
Neighborhood shopping center (less than 10 acres, less
than 100,000 sq. ft., with usually a grocery store and drug
store)
120/1,000 sq. ft., 1,200/acre
Commercial shops (also strip-commercial) 40/1,000 sq. ft., 400/acre
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Grocery store 150/1,000 sq. ft., 2,000/acre
Convenience market 500/1,000 sq. ft.
Discount 70/1,000 sq. ft., 700/acre
Furniture store 6/1,000 sq. ft., 100/acre
Lumber store 30/1,000 sq. ft., 150 acre
Hardware/paint store 60/1,000 sq. ft., 600/acre
Garden nursery 40/1,000 sq. ft., 90/acre
Education
University (4 years) 2.5/student, 100/acre
Junior college (2 years) 1.6 student, 80/acre
High school 1.4 student, 50/acre
Middle/Junior High 1.0 student, 40/acre
Elementary 1.4 student, 60/acre
Day care 3/ch1ld, 70/1,000 sq. ft.
Hospitals
General 20/bed, 20/1,000 sq. ft.,
200/acre
Convalescent/Nursing 3/bed
Industrial
Industrial/Business park (commercial Included) 16/1,000 sq. ft., 200/acre
Industrial park (no commercial) 8/1,000 sq. ft., 90/acre
Industrial park (multiple shifts) 10/1,000 sq. ft., 120/acre
Manufacturing/Assembly 4/1,000 sq. ft., 60/acre
Warehousing 5/1,000 sq. ft., 60/acre
Storage 2/1,000 sq. ft., 0.2/vault,
30/acre
Science, research and development 8/1,000 sq. ft., 80/acre
Library 40/1,000 sq. ft., 400/acre
Lodging
Hotel (with convention facilities/restaurant) 10/room, 300/acre
Motel 9/room, 200/acre
Resort hotel 8/room, 100/acre
Military 2.5 military and civilian
personnel
Offices
Standard commercial office (less than 100,000 sq. ft.) 20/1,000 sq. ft., 300/acre
Large (high-rise) commercial office (more than 100,000 17/1,000 sq. ft., 600/acre
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sq. ft.)
Standard commercial office (less than 100,000 sq. ft.) 20/1,000 sq. ft., 300/acre
Corporate office (single user) 10/1,000 sq. ft., 140/acre
Government office (single user) 30/1,000 sq. ft.
Post office 150/1,000 sq. ft.
Department of motor vehicles 180/1,000 sq. ft., 900/acre
Medical 50/1,000 sq. ft., 500/acre
Parks
City (developed) 50/acre
Regional (undeveloped) 5/acre
Neighborhood 5/acre
Amusement (theme) 80/acre, 130/acre (summer only)
San Diego Zoo 115/acre
Sea World 80/acre
Recreation
Beach, ocean or bay 600/1,000 ft. shoreline, 60/acre
Beach, lake (fresh water) 50/1,000 ft, shoreline, 5/acre
Bowling center 30/lane, 300/acre
Campground 4/camps1te
Golf course 8/acre, 600/course
Marinas 4/berth, 20/acre
Racquetball/health club 40/1,000 sq. ft., 300/acre,
40/court
Tennis courts 30/1,000 sq. ft., 30/court
Sports facilities
Outdoor stadium 50/acre, 0.2/seat
Indoor arena 30/acre, 0.1/seat
Racetrack 40/acre, 0.6/seat
Theaters (multiplex) 80/1,000 sq. ft., 1.8/seat
Residential (See Note 1)
Single-family detached 10/dwell1ng unit
Condominium 8/dwelling unit
Apartments 6/dwell1ng unit
Mobile home
Family 5/dwelling unit, 40/acre
Adults only 3/dwelll1ng unit, 20/acre
Retirement community 4/dwell1ng unit
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Rural estate 12/dwelling unit
Congregate care facility 2/dwelling unit
Restaurants (See Note 2)
Quality 100/1,000 sq. ft., 500/acre
Sit-down, high turnover 300/1,000 sq. ft., 1,200/acre
Fast food (with drive-through) 700/1,000 sq. ft., 3,000/acre
Transportation fadlities
Bus depot 25/1,000 sq. ft.
Truck terminal 10/1,000 sq. ft., 60/acre
Waterport 170/berth, 12/acre
Transit station (rail) 300/acre
Note 1: As used in this table, "Single-family detached," "Condominium" and "Apartments" shall
be defined consistent with the Institute of Transportation Engineers guidebook "Trip
Generation." "Condominium" is defined as single family ownership units that have at least one
other single-family owned unit within the same building structure. "Apartments" are defined as
rental dwelling units located within the same building as at least three other dwelling units.
Duplexes that are not individual ownership units will be assessed at the "Condominium"
generation rate.
Note 2: Square footage of dining area allowed in incidental outdoor dining areas pursuant to
Section 21.26.013, and square footage of dining area allowed without any parking
requirement in outdoor, sidewalk or curb cafes, as defined by and pursuant to the Carlsbad
Village Master Plan and Design Manual and the City Council, shall not count towards the
generation of trips. However, any combination of outdoor dining area square footage which
exceeds the amount of indoor dining area square footage shall count towards the generation
of trips."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
city clerk shall certify the adoption of this orclinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at Jeast once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
2 the 12*^ day of March, 2013, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the 26*^^ day of March, 2013, by the following vote to wit:
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^ AYES: Council Members Wood, Blackburn and Douglas.
^ NOES: None.
ABSENT: Council Members Hall and Packard.
^ ABSTAIN: None.
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^ 1 APPROVED AS TO FORM AND LEGALITY
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CELIA A. BREWER, City Attorney
TTHALL, Mayor MATT HALL, Mayor
ATTEST:
BT^RBARA ENGLESON, City Clerk
21 (SEAL)
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