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HomeMy WebLinkAbout2020-07-28; City Council; ; Empower the Director of Emergency Services to Temporarily Suspend or Modify Certain Land Development Standards to Mitigate the Economic Effects of the COVID-19 Pandemic SCA Review CKM CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: Mayor and City Council Scott Chadwick, City Manager Jeff Murphy, Community Development Director Jeff.Murphy@carlsbadca.gov, 760-602-2783 Empower the Director of Emergency Services to Temporarily Suspend or Modify Certain Land Development Standards to Mitigate the Economic Effects of the COVID-19 Pandemic State of Emergency on Local Businesses Recommended Action Adopt a resolution empowering the director of emergency services to temporarily suspend or modify certain land development standards to mitigate the economic effects of the COVID-19 pandemic state of emergency on local businesses. Executive Summary With the ongoing closures associated with the COVID-19 pandemic, businesses are struggling to find ways to continue operations, even on a limited basis. While the city has found creative solutions to allow temporary activation of areas such as private parking lots and sidewalk dining, city regulations do not provide enough flexibility to allow certain solutions that could further help businesses operate during these unprecedented times. On July 20, 2020, the Ad Hoc City Council Economic Revitalization Subcommittee recommended temporarily suspending or modifying certain land development standards in the Village & Barrio Master Plan area to allow more flexibility in the use of public street parking and business frontage areas. The subcommittee also recommended clarifying some confusion over the purpose and intent of the special event on private property permits for the temporary activation of uses in private parking lots. If the City Council supports the recommendations of the subcommittee, the attached resolution will empower of the director of emergency services (city manager) under Carlsbad Municipal Code Chapter 6.04, Emergency Services, to temporarily suspend or modify certain land development standards for the duration of the local COVID-19 pandemic state of emergency. July 28, 2020 Item #12 Page 1 of 38 Page 2 Discussion Background The COVID-19 pandemic has had a significant impact on the economy. The public health orders that have mandated the closure of businesses, or modified operations, have impacted businesses particularly in the food and beverage, retail and personal services sectors. According to the California Employment Development Department, June unemployment in Carlsbad stands at 12.6% compared to an average of 2.9% in 2019. During a recent city survey of businesses on the impact of the COVID-19 pandemic, 51% of the businesses surveyed reported they had to lay off workers due to the pandemic. In addition, 87% of the businesses surveyed reported they saw a decrease in revenue during the state of emergency and 53% of those saw a reduction of revenue of more than 50%. At the July 14, 2020, City Council meeting, during a discussion of the COVID-19 Actions and Expenditures Report, the council expressed interest in allowing a temporary suspension of certain requirements governing curb cafes in the Village & Barrio Master Plan area (Exhibit 2). In response, staff identified those sections within the master plan that complicate the city's ability to allow for workable solutions for curb cafes, sidewalk cafes and outdoor displays and developed recommendations on how best to allow for the temporary suspension of those regulations to assist struggling businesses. Staff presented the information to the Ad Hoc City Council Economic Revitalization Subcommittee on July 20, 2020 (Exhibit 3). The subcommittee considered the information and recommended suspending certain standards for curb cafes, sidewalk cafes and outdoor displays in the Village & Barrio Master Plan area as well as clarifying the use of private property permits, as detailed in this report. Should the City Council support the recommendations of the subcommittee, the attached resolution will empower of the director of emergency services (city manager) under Carlsbad Municipal Code Chapter 6.04, Emergency Services, to temporarily suspend or modify these standards for the duration of the local COVID-19 pandemic state of emergency, as noted above. Once the City Council ends the local state of emergency, the temporary suspension of the standards will also end and any improvements allowed under the suspended or modified standards must be removed. Businesses that wish to maintain the improvements will be required to comply with current codes and permitting requirements. The following sections defines curb cafes, sidewalk cafes and outdoor displays and provide overviews of the requirements within the master plan that prevent businesses from using these tools to expand their operations outdoors during the COVID-19 pandemic state of emergency, followed by the subcommittee's recommendations for removing the impediments. July 28, 2020 Item #12 Page 2 of 38 Page 3 Curb cafes A curb cafe is a deck structure that allows for outdoor seating to extend from the sidewalk into the parking lane for the purposes of food and/or beverage serving. • The master plan prohibits curb cafes when a city parking study shows an on-street public parking occupancy of >85% (Sections 2.6.5.A.2 & 4 and 4.a). The latest study (https://www.carlsbadca.gov/services/depts/planning/psreports.asp ) shows that the downtown area largely exceeds this threshold. The subcommittee supported the suspension of this requirement for the duration of the emergency. Because businesses are operating at a significantly reduced occupancy, there has been a noticeable reduction in the number of automobiles in the area, resulting in a reduced need for parking in the downtown area. • Additional parking is required in cases where both a curb cafe and a sidewalk cafe (see description below) are proposed (Section 2.6.5.A.9.c and Table 2-3). The subcommittee supported the suspension of this requirement for the duration of the emergency for the same reasons specified above. • The maximum size of curb cafes is limited to two parking stalls (Section 2.6.5.A.5). Some business owners are wanting to use more stalls, as many as four, to accommodate more seating to help offset their loss of indoor space. The subcommittee did not provide a recommendation for this requirement, but raised the following concerns: o Whether a business that activates both a private parking lot and curb cafe has an unfair business advantage over a business that relies entirely on street parking. To address this concern, a restriction has been added to the attached resolution limiting businesses to either a private property permit or a right-of-way use permit for a curb cafe, but not both. o Parking stalls are not assigned to specific businesses but provide parking for all establishments in the downtown area. The subcommittee raised concerns that too many curb cafes could cut into public street parking for non-restaurant businesses. If the number of parking stalls used for a curb cafe increases from two to four, the curb cafe should still be limited in size to within the frontage of the business it serves, as currently required under Section 2.6.5.A.6 of the Village & Barrio Master Plan. The attached resolution reflects this requirement. At its meeting on July 20, the subcommittee requested additional information about the business makeup of the downtown area. Staff will provide that information at the subcommittee's next meeting on July 27, 2020. Any further recommendations by the subcommittee following that meeting will be reported at the City Council meeting on July 28. July 28, 2020 Item #12 Page 3 of 38 Page 4 Sidewalk cafes A sidewalk cafe is an outdoor extension of a food and/or beverage serving use where exterior seating occurs partially or wholly on public property. • Sidewalk cafes are limited to the area most directly located in front of the businesses they serve (Section 2.6.5.B.3). The subcommittee recommended that these requirements be suspended for the duration of the emergency if written permission to expand into the frontage areas of adjacent establishments is granted by the affected business and property owner(s). Outdoor displays An outdoor display is a temporary display of merchandise by a business that is limited in size, duration and location and placed partially or wholly on public property. • Businesses are limited to one outdoor display (Section 2.6.5.C.1) that cannot encroach upon the frontage of an adjacent business (Section 2.6.5.C.3). The subcommittee recommended that the one display limit be suspended for the .._ _iii:zL__;:~~ _ duration of the emergency and that displays be allowed to encroach into adjacent frontage with written authorization from the affected business and property owner. • The subcommittee further recommended that the area eligible for outdoor displays be expanded to allow services and functions related to the business (e.g., cashiering, hairstylist, barbers, manicurists and estheticians) to the extent that other county and state regulations allow. Because of state and county health orders and social distancing criteria, many businesses are prevented from having too many patrons inside their establishment to peruse and purchase merchandise, or are prevented from operating indoors at all. These restrictions have led businesses to display more product, and perform more services, outside of their stores. All other requirements specified under the master plan (Section Sections 2.6.5.C.2 and 4 through 7) would still apply. It should be noted that outside the Village & Barrio Master Plan area, the Community Development Department issues special event on private property permits that allow similar types of business uses to temporarily operate outside during the emergency in private parking lots and private common areas. The section below provides more information. Private property permits On June 9, 2020, an additional materials memo was provided to the City Council regarding the use and purpose of the special event on private property permit (Exhibit 4). In short, Carlsbad Municipal Code Section 8.17 regulates special events that may affect traffic, public right-of-way, fire and police services, and/or often requires direct involvement of city staff. Examples of special events may include parades, concerts, demonstrations, public assemblies and spectator and participation sports such as marathons, bicycle races and tournaments. July 28, 2020 Item #12 Page 4 of 38 Page 5 The code recognizes that some special events are minor in scope and scale, held entirely on private property and do not impact public roads or services. These functions may involve weekend sales, store reopening or special business events that occur for a short duration; typically in a business's parking lot or private common area. The special event regulations authorize these forms ofspecial events with the approval of a special event on private property permit. This is an administrative permit issued by the community development director for a minor event or function held entirely on private property that does not require a traffic control plan or impact public road segments or intersections beyond normal operations. Since June, the department has issued close to 20 special event on private property permits to allow businesses, most of which have been restaurants, to successfully activate their parking lots to operate on a limited basis. Under Title 21, Zoning, of the Carlsbad Municipal Code, many zones that allow commercial and retail businesses include a limitation requiring that all operations be conducted wholly within a building (Exhibit 5). The intent of this limitation is to prevent business activities from regularly and consistently being conducted outdoors where they may adversely impact neighboring properties. While special events conducted under a special event on private property permit are traditionally short-lived, the COVID protocols, though considered temporary, are expected to remain in place for the foreseeable future. To minimize any potential confusion, the subcommittee recommended that temporary activation of private property such as parking lots be authorized during the emergency, even in zones that require that commercial and retail activity be conducted within a structure. This would include allowing businesses such as gyms, churches, restaurants, salons and other similar retail uses to operate in private parking lots and private common areas. Fiscal Analysis None. Next Steps The Director of Emergency Services will issue an emergency order temporarily suspending or modifying the identified land development standards. Because the Village & Barrio Master Plan area is partially located in the Coastal Zone and Title 21, Zoning, of the Carlsbad Municipal Code . applies to properties located in the Coastal Zone, staff will contact the Coastal Commission to secure the agency's concurrence on the temporary measures authorized in this report. Staff will also inform and educate Carlsbad businesses of the allowance and walk them through the permitting process. Environmental Evaluation (CEQA) This action is statutorily exempt from the California Environmental Quality Act under California Public Resources Code Section 20180(b)(4), specific actions necessary to prevent or mitigate an emergency, and is categorically exempt from CEQA under CEQA Guidelines 15301, existing facilities, and 15304(e), minor temporary use of land having negligible or no permanent effects on the environment. July 28, 2020 Item #12 Page 5 of 38 Page 6 Public Notification Public notice of this item was posted in accordance with the Ralph M . Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Notice of the meeting was also posted on social media and on the city's website. Exhibits 1. Resolution 2. Referenced sections of the Village & Barrio Master Plan 3. July 20, 2020, presentation and memo to ad hoc committee 4. June 9, 2020, Additional Materials Memo to City Council 5. Referenced zones requiring uses contained within a structure July 28, 2020 Item #12 Page 6 of 38 July 28, 2020 Item #12 Page 7 of 38 RESOLUTION NO. 2020-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EMPOWERING THE DIRECTOR OF EMERGENCY SERVICES TO TEMPORARILY SUSPEND OR MODIFY CERTAIN LAND DEVELOPMENT STANDARDS TO MITIGATE THE ECONOMIC EFFECTS OF THE COVID-19 PANDEMIC STATE OF EMERGENCY ON LOCAL BUSINESSES Exhibit 1 WHEREAS, Carlsbad Municipal Code Section 6.04.090(A) designates the City Manager as the Director of Emergency Services (Director); and WHEREAS, Carlsbad Municipal Code Section 6.04.100(A)(6)(e) empowers the Director, in the event of a proclamation of a local or statewide emergency, to execute any special powers conferred upon him by City Council resolution; and WHEREAS, on Jan. 31, 2020, the Secretary of the United States Department of Public Health and Human Services declared a public health emergency as a result of the COVID-19 pandemic; and WHEREAS, on Feb. 14, 2020, the San Diego County Health Officer declared a local health emergency as a result of the COVID-19 pandemic, which the San Diego County Board of Supervisors subsequently ratified; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a statewide state of emergency as a result ofthe COVID-19 pandemic; and WHEREAS, on March 16, 2020, the Director proclaimed a local state of emergency as a result of the COVID-19 pandemic, which the City Council subsequently ratified and extended; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing individuals living in California to comply with a State Public Health Officer order to stay at home except as needed to facilitate authorized, necessary activities or to maintain the continuity of operations at critical infrastructure sectors; and WHEREAS, on May 4, 2020, Governor Newsom issued Executive Order N-60-20 allowing non- essential businesses to reopen in four stages in compliance with criteria set by the State Public Health Officer and based on certain public health criteria being met on a county-by-county basis; and WHEREAS, by June 19, 2020, dine-in restaurants, alcohol-serving businesses offering dine-in meals, personal care services businesses and other businesses in Carlsbad were permitted to reopen subject to compliance with safe reopening plans; and July 28, 2020 Item #12 Page 8 of 38 WHEREAS, because of increased rates of COVID-19 infection, on July 13, 2020, the State Public Health Officer issued an order and on July 14, 2020, the San Diego County Public Health Officer issued an order (collectively, "Public Health Orders") restricting indoor operations at dine-in restaurants, alcohol-serving businesses offering dine-in meals, and businesses offering certain personal care services, including nail salons, hair salons, and barbershops; and WHEREAS, as a result of the Public Health Orders, as of July 15, 2020, dine-in restaurants, alcohol-serving businesses offering dine-in meals, and businesses offering certain personal care services, including nail salons, hair salons, and barbershops, in the Village and Barrio Master Plan area and other businesses throughout Carlsbad must cease or reduce all indoor operations for a potentially prolonged period of time; and WHEREAS, strict compliance with certain land development standards in the Village and Barrio Master Plan and Title 21, Zoning, of the Carlsbad Municipal Code hinders Carlsbad businesses from moving their operations outdoors, which could lead to their closure and harm their economic viability; and WHEREAS, it is in the public interest to take steps to ensure local businesses remain economically viable during the COVID-19 pandemic state of emergency; and WHEREAS, adopting this resolution will empower the Director to temporarily suspend or modify the land development standards identified in Attachment A to support local businesses and maintain their economic viability, to ensure the availability of important services to local residents, and to promote a stable business and job market for employers and employees to return to once the COVID- 19 pandemic state of emergency is abated; and WHEREAS, adopting this resolution is necessary and appropriate to mitigate the immediate threats to the public health, safety, and welfare of residents and local businesses from the significant economic impacts of the COVID-19 pandemic by assisting businesses to successfully reopen and remain open in compliance with the Public Health Orders. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Director is empowered to temporarily suspend or modify the land development standards identified in Attachment A. July 28, 2020 Item #12 Page 9 of 38 3. That the authorization provided to the Director in this resolution shall remain in effect for the duration of the local COVID-19 pandemic emergency unless terminated earlier by City Council action. 4. That upon the expiration or termination of the authorization provided to the Director in this resolution, the temporary suspension or modification of the land development standards identified in Attachment A will be of no further force and effect, all improvements for any temporary outdoor business use must be immediately removed, and all outdoor spaces must be returned to the condition they were in just prior to their temporary outdoor business use. 5. That the Director may take any further action necessary and appropriate to carry out the purpose and intent of this resolution. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of July, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor ~WVvl™1ft~ flY BARBARA ENGLESON, City Clerk (SEAL) ATTACHMENT A LAN D DEVELOPMENT STANDARDS TEMPORARILY SUSPENDED OR MODIFIED DURING THE LOCAL COVID-19 PANDEMIC STATE OF EMERGENCY A. Curb Cafes (Section 2.6.5.A of the Village & Barrio Master Plan) The following standards are temporarily suspended or modified for a curb cafe, which is defined under the master plan as a temporary deck structure for a food and/or beverage serving use that allows for outdoor seating to extend from the sidewalk and into the parking lane. 1. The following provision of Sections 2.6 .5.A.2 is suspended. Curb cafes are temporary structures on public streets. The city engineer may require their temporary or permanent removal to accommodate street or other infrastructure improvements or maintenance or to ensure adequate public parking is maintained. In the Coastal Zone, if city authorized parking studies indicate public parking occupancy v,ithin a quarter mile radius of the curb cafe is 85 percent or more for frv<e consecutive •,ears, the curb cafe shall be remo1,ed unless the applicant can secure replacement public parking within the quarter mile radius equal to the number of on street parking spaces impacted by the curb cafe . 2. The following provision of Sections 2.6.5.A.4 is suspended ~,o more than four curb cafes may be permitted per street blocl< (see definition in appendix A); ho1,•1ever, this ma>Eimum may be reduced for the following reasons: a. No curb cafes shall be permitted on any street block that has an on street public parking occupancy of 85 percent or more based on the most recent City authorized parking study or other information the city engineer accepts. b. The city engineer may limit the number of curb cafes or deny a curb cafe due to reasons of public health, safety or welfare, such as lack of adequate infrastructure, topography, bike lanes, and proximity to driveways, intersections, and residences. 3. Sections 2.6.5.A.9.c is suspended. c. Parking as required by Section 2.e.e. 4. Sections 2.6.5 .A.5 is modified as follows. July 28, 2020 The maximum size of curb cafes shall be limited to twefour diagonal or parallel parking spaces. Where parking spaces are not demarcated, the twe four parking space maximum shall still apply and shall be based on dimensional parking standards approved by the city engineer. Item #12 Page 10 of 38 ATTACHMENT A 5. Eating/drinking establishments that are issued a Private Property Permit to activate a private parking lot or private common area shall not be eligible for a right-of-way use permit for a curb cafe. B. Sidewalk Cafe (Section 2.6.5.B of the Village & Barrio Master Plan) The following standards are temporarily modified for a sidewalk cafe, which is defined under the master plan as an outdoor extension of a food and/or beverage serving use where exterior seating occurs partially or wholly on public property. 1. Section 2.6.5.B.3 is modified as follows. The sidewalk cafe shall be restricted to the frontage(s) of the business it serves and shall not encroach on the frontage of any adjacent business, unless authorization is granted in writing from the adjacent business/property owner. C. Outdoor display (Section 2.6.5.C of the Village & Barrio Master Plan) The following standards are temporarily suspended or modified for an outdoor display, which is defined under the master plan as a temporary display of merchandise by a business that is limited in size, duration and location and placed partially or wholly on public property. 1. Section 2.6.5.C.1 is suspended. One outdoor display may be located outside the ,...,alls of the business space it serves and within the public right of way. 2. Uses, services and operations associated with the business shall be allowed to temporarily occupy that space reserved for outdoor displays consistent with the standards specified in Sections 2.6.5.C.2 and 4 through 7. 3. Section 2.6.5.C.3 is modified as follows. The outdoor display shall be placed adjacent to and parallel to the subject business. The display shall not be placed adjacent to the street curb, perpendicular to the business, or as part of a curb cafe. The outdoor display shall not encroach upon the frontage of an adjacent business, unless authorization is granted in writing from the adjacent business. D. Private Property Permit (Carlsbad Municipal Code Section 8.17} The temporary outdoor activation of private property such as parking lots and common areas to allow the continued operations and services of businesses affected by COVID may be authorized upon approval of a Private Property Permit, even in zones that require that commercial and retail activity be conducted within a structure, including, Carlsbad Municipal Code Sections 21.26.020(1), 21.28.020(1), 21.30.020(2), and 21.31.070(A). July 28, 2020 Item #12 Page 11 of 38 A. CURB CAFES 2.6 AREA-WIDE · 2.6.5 RIG HT OF WAY USES Standard Exhibit 2 1. Curb cafes are prohibited on Ca rlsbad Boulevard, Carlsbad Village Drive, Laguna Drive, and any alley. 2. Curb cafes are temporary structures on public streets. The city engineer may require their temporary or permanent removal to accommodate street or other infrastructure improvements or maintenance or to ensure adequate public parking is maintained. In the Coastal Zone, if city- au t horized parking studies indicate public parking occupancy within a quarter-mile radius of the curb cafe is 85 percent or more for five consecutive years, the curb cafe shall be removed unless the applicant can secure replacement public parking within the quarter-mile radius equal to the number of on-street parking spaces impacted by the curb cafe. 3. The city engineer may require the design of curb cafes to allow for street or other infrastructure improvements or maintenance. 4. No more than four curb cafes may be permitted pe r street block (see definition in appendix A); however, this maximum may be reduced for the following reasons: a. No curb cafes shall be permitted on any street block that has an on-street public parking occupancy of 85 percent or more based on the most recent City-authorized parking study or other information the city engineer accepts. b. The city engineer may limit the number of curb cafes or deny a curb cafe due to reasons of public health, safety or welfare, such as lack of adequate infrastructure, topography, bike lanes, and proximity to driveways, intersections, and residences. 5. The maximum size of curb cafes shall be limited to two diagonal or parallel parking spaces. 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 engineer. 6. The maximum length and size of the curb cafe shall generally be restricted to the length of the building/tenant space the curb cafe serves. The curb cafe shall be "most-directly" in front of the business it serves. Accordingly, some cu rb cafes may be limited to no more than one parking ';-,--· space . ...,_ ____________ Interpretation July 28, 2020 MASTER PLAN Item #12 Page 12 of 38 2-19 2-20 2.6 AREA-WIDE 2.6.5 RIGHT OF WAY USES 7. A minimum sidewalk width of 5 feet, free of curbs and any obstructions, sha ll be maintained. 8. An accessible path of travel to the curb cafe shall be provided. 9. Before placement or use of a curb cafe, the following req uirements shall be satisfied: a. Approval of a Right-of-way Use Permit and other permits as determined necessary by the city engineer. b. A signed Encroachment Agreement with the city. c. Parking as required by Section 2.6.6. d. Payment of the use fee. 10. No signs, including signs prohibited by CMC Section 21.41.030, or objects that would distract or impair motorists, shall be attached or displayed on any part of the curb cafe. 11. Curb ca fes may be in addition to outdoor dining on private property and sidewalk cafes. B. SIDEWALK CAFES 1. 2. 3. 4. 5. 6. 7. Sidewalk cafes may be in addition to outdoor seating areas on private property and curb cafes. Parking shall be provided as required by Section 2.6. The sidewalk cafe shall be restricted to the frontage(s) of the business it serves and shall not encroach on the frontage of any adjacent business. No signs, including signs prohibited by CMC Section 21.41.030, or objects that would distract or impair motorists, shall be attaced . or displayed on any part of the sidewalk ca fe. A minimum unobstructed walkway width of five feet to building entries shall be maintained. A minimum sidewalk width of 5 feet, free of curbs and any obstructions, shall be maintained. Before placement or use of a sidewalk cafe in the right of way, the following requirements shall be satisfied: a. Approval of a Right-of-way Use Permit and other permits as determined necessary by the city engineer. b. A signed Encroachment Agreement with the city if determined necessary by the city engineer. July 28, 2020 Item #l2 CARfsWAn taela8& BARRIO C. OUTDOOR DISPLAY 2.6 AREA-WIDE 2.6.5 RIGHT OF WAY USES 1. One outdoor display may be located outside the walls of the business space it serves and within the public right-of-way. 2. The outdoor display shall be placed outside during business hours only. 3. The outdoor display shall be placed adjacent to and parallel to the subject business. The display shall not be placed adjacent to the street curb, perpendicular to the business, or as part of a curb cafe. The outdoor display shall not encroach upon the frontage of an adjacent business. 4. No signs, including signs prohibited by CMC Section 21.41.030, or objects that would distract or impair motorists, shall be attached or displayed on any part of the outdoor display. 5. A minimum unobstructed walkway w idth of 5 feet to building entries shall be maintained. 6. A minimum sidewalk width of 5 feet, free of curbs and any obstructions, shall be maintained. 7. Before placement or use of an outdoor display in the right of way, a Right-of-way Use Permit must be approved by the city engineer. July 28, 2020 MASTER PLAN Item #12 Page 14 of 38 2-21 2.6 AREA-WIDE 2.6.6 PARKING A. PARKING SPACES REQUIRED 1. For residential uses, required parking spaces shall be provided on-site. For non-residential uses, including non-residential uses in a mixed-use format, required parking may be provided on-site and/or off-site acco rding to the provisions of this section. 2. Parking spaces shall be provided per Table 2-3. 3. Pa rking requirement calculations resulting in a fraction shall be rounded up to the next whole number if the fraction is 0.5 or higher or rounded down if the fraction is below 0.5. 4. References to spaces per square foot (sf) are to be computed on the basis of gross floor area, unless otherwise specified. Table 2-3, Parking Requirements RESIDENTIAL GENERAL USE PARKING REQUIREMENT Accessory Dwelling Unit . One space, in addition to the parking requirement for the primary use (single, one-family dwelling). . Tandem parking is permitted . . Parking exceptions exist for accessory dwelling units . Refer to CMC Section 21.10.030 D.10.s One-family and Two-family Dwellings Two spaces per dwelling. Spaces shall be garaged. Tandem parking is permitted. Multiple-family Dwellings (except as noted, there is no distinction between condominiums and apartments) Studio and one bed room units One space per unit. For condominiums; the space must be covered. Units with two or more bedrooms (ali districts One and a half spaces per unit. For condominiums, one except BP and BC) space must be covered. Tandem parking is permitted. Units with two or more bedrooms (BP and BC only) Two spaces per unit. For condominiums, one space must be covered. Tandem parking is permitted. Visitor parking (applies in the BP and BC districts . Projects with 10 or fewer units: 0.30 space per unit only) . Projects with 11 or more units: 0.25 space per unit Housing for Senior Citizens Same as multiple-family dwellings plus one space for an onsite manager's unit (when provided). Live/Work Unit One additional space above residential use requirement (per unit). Managed Living Unit 0.50 parking space per unit Mixed-Use . The residential use shall meet the multiple-family dwelling parking requirement. . The non-residential use shall meet the parking requirement specified for the applicable use in this table. Residential Care Facility Two spaces, plus one space per every three beds. I 2-22 July 28, 2020 Item #l2 CARL~H~n J:i.Bt~ BARRIO Table 2-3, Parking Requirements (Continued) OFFICE GENERAL USE Business and Professional Office Medical Office LODGING GENERAL USE Bed and Breakfast Inn Hotel/Motel Timeshare Project RETAIL GENERAL USE Brewery/Distillery/Winery Business/Professional Services Convenience Store Financial Institution (e.g., bank) Furniture and Appliance Sales Personal Services Restaurant Restaurant, Delicatessen Restaurant, Fast Food Restaurant, Limited Take-Out Service Outdoor Dining on Private Property (accessory to a permitted or conditionally permitted food and/or beverage use) Retail/Commercial Business - July 28, 2020 MASTER PLAN PARKING REQUIREMENT One space per 415 square feet One space per 355 square feet PARKING REQUIREMENT Two spaces for owner's unit (one covered) plus one space per guest room One space per guest room One space per guest room PARKING REQUIREMENT . If incidental to a restaurant use, one space per 415 square feet . If sole use, one space per 150 square feet for the tasting room and one space per 415 square feet for all other uses (e.g. production, storage, and retail sales). One space per 415 square feet One space per 240 square feet One space per 355 square feet One space per 715 square feet One space per 415 square feet One space per 170 square feet One space per 300 square feet One space per 240 square feet One space per 300 square feet . No parking requirement if outdoor seating area is equal to or less than the indoor seating area. . For any outdoor seating area that exceeds the indoor seating area, parking shall be based on the applicable restaurant rate, for the excess area . One space per 415 square feet Item #12 Page 16 of 38 2-23 Table 2-3, Parking Requirements (Continued) CIVIC GENERAL USE PARKING REQUIREMENT Cultural Facility One space per 595 square feet EDUCATION GENERAL USE PARKING REQUIREMENT Child Day Care Center One space per employee plus a minimum of one space per ten children. Education Facility, Other One space per 240 square feet OTHER GENERAL USE PARKING REQUIREMENT Athletic and Health Clubs, Gymnasium, and Physical . One space per 240 square feet Conditioning Business Automotive Service and Gasoline Station . Up to three bays: four spaces . Four or more bays: four spaces plus two spaces per bay in excess of three. , Work bays do not count as parking spaces. If no work bays, one space per 355 sf, excluding gas pumps. Professional Care Facility 0.45 parking space per every bed. Public assembly (e.g., place of worship, cinema, One space per each five seats or one space per 120 square theater) feet of assembly area, whichever is greater. Right of Way Uses ···--· Curb cafe or sidewalk cafe For a curb cafe or sidewalk cafe, no parking required. . For a curb cafe and sidewalk cafe, parking shall be required based on the greater of the two seating areas and the applicable restaurant rate. If equal in area, the parking required shall be based on only one of the cafe uses. Outdoor display No parking requirement 2-24 July 28, 2020 Item #l2 CARL~~~b Ji1.atJ\ BARRIO '-c < N ~00 N 0 N 0 0 -t, w 00 m X :::c CP :::j w '-c -< N ,00 N 0 N 0 ;:;: (0 3 =l:l: I-' N ""C CJ O'Q (0 I-' l,D 0 --h w 00 '-c -< N ,oo N 0 N 0 ;::;-ro 3 :;:i: I-' N .,, QJ OQ ro N 0 0 -w 00 '-c -< N 00 N 0 N 0 '-c -< N ~00 N 0 N 0 '-c -< N 00 N 0 N 0 ;::;: ro 3 =1:1: f-' N "'Cl Ql O'Q ro N V, 0 -+, w 00 July 28, 2020 Item #12 Page 26 of 38 July 20, 2020 To: From: Via: Ad Hoc City Council Economic Revitalization Subcommittee Jeff Murphy, Community Development Director Gary Barberio, Deputy City Manager {cityof Carlsbad Re: Improving the city's ability to ·provide temporary relief for businesses in the Village & Barrio Master Plan area during the COVID-19 emergency With the ongoing closures associated with the COVID pandemic, businesses are struggling to find ways to continue operations even on a limited basis. While staff has found creative solutions to allow temporary activation of areas like private parking lots and sidewalk dining, city regulations do not provide enough flexibility to allow certain solutions that could help businesses operate during these unprecedented times. On July 14, 2020 during discussions on City Council agenda item #15 (COVID-19 Acti.ons and Expenditures Report), the City Council expressed interest in allowing temporary exemptions for certain requirements governing curb cafes in the Village/Barrio Master Plan area. In response, staff has identified below those sections within the plan that complicate the city's ability to allow for workable solutions, accompanied by recommendations on how best to modify/deviate from those regulations to assist struggling businesses. Staff is seeking input and recommendations from the subcommittee regarding these proposed allowances. Following subcommittee review, staff will bring forward a resolution for the City Council's consideration that will augment the powers of the Director of Emergency Services (City Manager) under Carlsbad Municipal Code Chapter 6.04 to authorize him to make these temporary allowances for the duration of the COVID-19 pandemic emergency. If approved, it is intended that all temporary impr:ovements/allowances granted under this authority shall be removed once the emergency order has been rescinded. Businesses that wish to maintain the improvements will be required to comply with current codes and permitting requirements as stipulated under the current n:,unicipal code. CURB CAFES A curb cafe is defined as a deck structure that allows for outdoor seating to extend from the sidewalk into the parking lane for the purposes of food and/or beverage serving use. The following parking requirements within the master plan prevent businesses from using this tool. 1. The master plan prohibits curb cafe's when a city parking study shows an on-street public parking occupancy of >85% (Sections 2.6.5.A.2 & 4.a). The latest study (https://www.carlsbadca.gov/services/depts/planning/psreports.asp) shows that the down.town area largely exceeds this threshold. Staff recommends that this requirement be suspended for the duration of the emergency. Since businesses are operating at roughly 50% occupancy, there has been a noticeable reduction in the number of automobiles in the area, resulting in a reduced need for parking in the downtown area. cdl:t11t1t¼Bit,ffielopment I 1635 Faraday Ave I Carlsbad, CA 92008 I 760-6d~dbl.2 Page 27 of 38 COVID-19: Temporary relief for businesses in the Village & Barrio Master Plan area during the July 20, 2020 Page 2 2. Additional parking is required in cases where both a sidewalk cafe1 AND a curb cafe is proposed (Section 2.6.5.9.c and Table 2-3). Staff recommends that this requirement be suspended for the duration of the emergency for the same reasons specified in paragraph 1. 3. The maximum size of curb cafes is limited to two parking stalls (Section 2.6.5.5). Some owners are wanting to use more stalls to accommodate more seating. Staff recommends that the number of stalls be increased from two stalls to a maximum of four stalls for the duration of the emergency. While this represents a potential doubling of the size of a curb cafe/due to social distancing requirements, it is anticipated that occupancy of the curb cafe would not exceed 50%. OUTDOOR DISPLAYS An outdoor display is a temporary display of merchandise by a business that is limited in size, duration and location and placed partially or wholly on public property. Section 2.6.5.C.1 of the master plan limits businesses to only one display that can be located within the public right-of-way. Because of social distancing criteria, businesses are prevented from having too many patrons inside their establishment to peruse and purchase merchandise. As such, businesses are seeking to display more product outside of their stores. Staff recommends that this restriction be suspended and not limited to only the display of merchandise, but expanded to inclu.de services and functions related to the business (e.g., cashiering, cutting hair) to the extent that other county and state regulations allow. It should be noted that outside the Village/Barrio Master Plan area, the .department issues Private Property Permits that allow similar types of business uses to temporarily operate during the emergency in private parking lots and · private common areas. See section "Private Property Permits" below for more information. All other requirements specified under the master plan such as unobstructed walkways (Section 2.6.5.C.S) and limited business hours (Section 2.6.5.C.2) shall remain. FRONTAGE LIMITATIONS Under the master plan, curb cafes, outdoor displays and sidewalk cafes are limited to the area most directly located in front of the businesses they serve. (Section 2.6.5.A.6, 2.6.5.C.3 and 2.6.5.B.3, respectively). Staff recommends that these requirements be suspended for the duration of the emergency if written permission to expand into the frontage areas of adjacent establishments is granted by the affected business owner(s). PRIVATE PROPERTY PERMIT On June 9, 2020, an additional materials memo was provided to the City Council regarding the use and purpose of the Private Property Permit (Attachment B). In short, Carlsbad Municipal Code Section 8,17 regulates special.events that may affect traffic, public right-of-way, fire and police services, and/or often requires direct involvement of city staff. Examples of special events may include parades, concerts, 1 Sidewalk Cafe is defined as an outdoor extension of a food and/or beverage serving use where exterior seating occurs partially or wholly on public property. July 28, 2020 Item #12 Page 28 of 38 COVID-19: Temporary relief for businesses in the Village & Barrio Master Plan area during the July 20, 2020 Page 3 demonstrations, public assemblies and spectator and participation sports like marathons, bicycle races and tournaments. The code recognizes that some special events are minor in scope and scale, held entirely on private property and do not impact public roads or services. These functions may involve weekend sales, store reopening or special business events that occur for a short duration, typically in a business's parking lot or private common area. The special event regulations authorize these forms of special events with the approval of a Private Property Permit. This is an administrative permit issued by the Community Development Director for a minor event or function held entirely on private property that does not require a traffic control plan or impact public road segments or intersections beyond normal operations. Additionally, events that qualify for this permit are not subject to the standards and processes required for a typical special event permit. Many zones that allow commercial and retail uses include a limitation requiring that all uses be conducted wholly within a building (Attachment C). The intent of this limitation is to prevent business activities from regularly and consistently being conducted outdoors where they may adversely impact neighboring properties. While special events conducted under a Private Property Permit are short-lived, the COVID protocols are expected to remain in place for the foreseeable future. As such, to minimize any potential confusion, staff recommends that temporary activation of private property such as parking lots be authorized during the emergency, even in zones that require that commercial and retail activity be conducted within a structure. Attachment A: Section 2.6.5 and 2.6.6 of the Village/Barrio Specific Plan Attachment B: June 9, 2020 Additional Materials Memo to City Council Attachment C: Zones requiring uses contained within a structure cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney David Graham, Chief Innovation Officer July 28, 2020 Item #12 Page 29 of 38 EXHIBIT 4 All Receive -Agenda Item # + For the Information of the: pTYCOUNCIL Date~CA...:L cc ~ CM~ACM~DCM (3)~ {city of Carlsbad June 9, 2020 To: From: Via: Re: Council Memorandum Honorable Mayor Hall and Members of the City Council Gary Barberio, Deputy City Manager, Community Services David Graham, Chief Innovation Officer Jeff Murphy, Community Development Disector Geoff Patnoe, Assistant City Manager l(tf Additional Materials Related to Staff ~ort Item No.7-COVID-19 Actions and Expenditures Report In response to the COVID-19 health emergency the State of California and County of San Diego require Carlsbad companies to implement adaptations to business operations to reduce the likelihood of disease transmission. Through ongoing engagement with the business community, the Community Development Department and Office of Innovation and Economic Development have identified that the expansion of operations onto sidewalks and activation of private parking lots can help mitigate the loss of usable indoor space. This memorandum provides information on how the city will process permits for Carlsbad businesses requesting to utilize their private parking lots and/or city sidewalks to expand operations during the COVID-19 social distancing protocols. Background With the state and county health officer's recent approval to move farther through stage 2 of California's reopening plan, dine-in restaurants and in-store retail have been allowed to reopen with modifications. Additionally, the California State Department of Alcoholic Beverage Control has also recently granted further regulatory relief that allows for expanded on-site sale privileges for license owners. Because businesses will be required to enact social distancing and follow other restrictions to prevent the spread of the coronavirus, their ability to accommodate typical customer traffic within their establishments will be limited. As such, businesses may request the use of their private parking lots and/or public sidewalks to help maintain distance protocols while improving their ability to accommodate customers. On June 1, 2020 an informational item on temporary outdoor activation in response to COVID-19 was presented to the Ad Hoc City Council Economic Revitalization Subcommittee. The information provided; and further detail are provided in this memorandum. July 28, 2020 ·Item #12 Page 30 of 38 Honorable Mayor Hall and Members of the City Council June 9, 2020 Page 2 Discussion Attachment A outlines the requirements and permitting processes to allow businesses to temporarily utilize their private parking lots, or the public sidewalk outside of their establishment, while the mandated social distancing criteria is in place. Important process takeaways are as follows: • Permit authority is currently in place; no City Council action is necessary to implement • Permits are administrative and approved by the Community Development Director • Permits are given high priority and processed within two business days • A private property permit is free; right-of-way use permit is $381 • Permits are valid for one year or until protocols change, whichever comes first Next Steps Staff will be posting information on the website and actively advising business owners of this available option. A joint communication from the Carlsbad Chamber of Commerce, Carlsbad Village Association and City of Carlsbad will be issued on June 10, 2020 with information regarding the temporary use of private parking lots and public sidewalks for business use during the COVID-19 social distancing protocols. This information will also be posted to the city's COVID-19 business resources page and will be regularly discussed during business community engagement. Attachment: A. Permit processing protocols for allowing temporary use of private parking lots and public sidewalks for business use during the COVID-19 social distancing requirements. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Ron Kemp, Deputy City Attorney Michael Calderwood, Carlsbad Fire Chief Neil Gallucci, Carlsbad Police Chief July 28, 2020 Item #12 Page 31 of 38 {city of Carlsbad Attachment A Permit processing protocols for allowing temporary use of private parking lots and public sidewalks for business use during COVID-19 social distancing restrictions Below summarizes the permit requirements to allow for the temporary use of private parking lots and public sidewalks. Private property permits shall be valid for one year from the date of issuance or until the state and county health office releases businesses from the coronavirus social distancing protocols or impose new restrictions/limitations, whichever comes first. A. PRIVATE PARKING LOTS 1. Authority Carlsbad Municipal Code §8.17 (Special Events) defines and establ ishes the authority for approving a "Private Property Permit."1 2. Permit Submittal Requirements The business/property owner shall submit the following information to the Community Development Department: • Private Property Special Event Permit Application (no fee is required for this app lication) • Copy of ABC application, if applicable • Detailed description of outdoor operations (i.e., intended use, occupancy levels, hours of operation) • Fully dimensioned, to-scale site plan of proposed area showing the following: o Parking area showing parking stalls o Temporary structures and location o Location of proposed customer areas o Path of travel from existing structure to outdoor area o ADA access and path of travel o If a portion of the parking lot will still be accessible to vehicles, ■ Types and location of temporary protective barriers ■ Vehicle paths of travel o The following notes must be clearly shown on the plans: ■ "The total number of tables/chairs placed outside shall not exceed the total number of tables/chairs removed from inside the building required for social distancing." ■ "Egress routes shall be clear and maintained and at all times" 1 §8.17.020 defines a "Private Property Permit" as an administrative permit issued by the community development director for a minor event/function held entirely on private property; §8.17 .020 defines a "Minor Event" as a special event that does not require a traffic control plan or impact public road segments or intersections beyond normal operations; §8.i. 7.040 exempts Private Property Permits from a Special Event Permit. Co~~Mra{v ~~~opment Department Item #12 Page 32 of 38 1635 Faradav Ave. I Carlsbad. CA 92008 I 760-602-4610 Attachment A Permit processing protocols for allowing temporary use of private parking lots and public sidewalks for business use during COVID-19 social distancing requirements ■ "Dedicated fire lanes shall be accessible at all times" ■ "ADA and pedestrian access shall be .maintained at all times." ■ "Any accessible parking stalls shall remain open for parking" 3. Permit Review Criteria Once submitted, the application packet will be routed (same day) to the following points of contact for processing: • Development Services Manager, Community Development Dept. (lead) • Building Official, Community Development Dept., Building & Code Enforcement • Assistant Fire Marshal, Carlsbad Fire Dept. • Community Services Officer, Carlsbad Police Dept. When reviewing applications, staff will focus on the following standards. • Compliance with applicable Fire Code requirements o A separate Tent Permit may be required from the Fire Dept for certain size canopies. • Compliance with applicable Building Code requirements, in cluding ADA requirements • Vehicle path of travel and temporary barriers provide a safe and navigable layout • All required notes, conditions are clearly shown on the plans. Permit reviews are to be completed within two business days from submittal date and provided to the permit lead. A meeting with the applicant shall be scheduled as soon as possible to address any deficiencies or issues. Every attempt should be made to resolve conflicts and issue the permit within the two-day period. A. PUBLIC SIDEWALKS (only within the Village and Barrio Master Plan area) 1. Authority Pursuant to section 2.6.5.B of the Carlsbad Village and Barrio Master Plan , a right-of-way use permit (charged as a "minor right-of-way permit" under the fee ordinance) is required for sidewalk cafes and outdoor displays. Section 11.16.030 of the Carlsbad Municipal Code authorizes the city engineer to issue right-of-way permits, including right-of-way use permits. All standards of the Carlsbad Village and Barrio Master Plan section 2.6.5.B Sidewalk Cafe shall apply to establishments wishing to utilize the public sidewalk for operations du ring soda I distancing restrictions. Exception: Because the business operations and improvements in the right-of-way are temporary (no permanent structures authorized), pursuant to the authority granted under Section 2.6.5.B.7.b of the Master Plan, the city engineer has determined that an Encroachment Agreement is not necessary for right-of-way use permits issued under these protocols. 2. Permit Submittal Requirements The business/property owner shall submit the following information to the Community Development Department: July 28, 2020 Item #12 Page 33 of 38 Attachment A Permit processing protocols for allowing temporary use of private parking lots and public sidewalks for business use during COVID-19 social distancing requirements • Right-of-way use permit application Form E-12 • Submittal requirements pursuant to Form E-12A, excluding checklist item #7 • A permit fee of $381 • Copy of ABC application, if applicable • Detailed description of outdoor operations (include use, occupancy levels, hours of operation) • Fully dimensioned to-scale site plan of proposed area showing the following: o Six-foot minimum unobstructed ADA path of travel, to maintain social distancing o Pictures supporting the site plan o Description and photos (if available) of proposed tables, chairs, displays and temporary fencing to be used in the right-of-way. • The following notes shall be included on the plans: o "No permanent fixtures shall be allowed in the public right-of-way." o "ADA and pedestrian access shall be maintained at all times." o "Sidewalk, planter and adjacent gutter areas shall always be kept free of litter and debris." o "A six-foot horizontal and seven-foot vertical clear path of travel shall always be maintained." o "Approved tables, chairs, displays and temporary fencing shall be kept clean and free of graffiti, rust, chipped/scratched paint." Once submitted, the application packet will be routed (same day) to the Engineering Technician, Community Development Dept./Land Development Engineering for review and processing. Permit reviews are to be completed within two business days from submittal date. A meeting with the applicant shall be scheduled as soon as possible to address any deficiencies or issues. Every attempt should be made to resolve conflicts and issue the permit within the two-day period. 3. Permit Review Criteria Compliance with the submittal requirements described above and Section 2.6.5.B of the Carlsbad Village and Barrio Master Plan (as modified herein). July 28, 2020 Item #12 Page 34 of 38 --, 21.26.020 Limitations on permitted uses. Carlsbad Municipal Code .!,lp Prexious Next Main ~earch frint Title 21 ZONING Chapter 21.26 C-1 NEIGHBORHOOD COMMERCIAL ZONE · 21.26.020 Limitations on permitted uses. Every nonresidential use permitted shall be subject to the following conditions and limitations: Page 1 of 1 EXHIBIT 5 No Frames 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; 2. Products made incident to a pem1itted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing and treatment of products permitted herein; 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises. (Ord. CS-172 § IV, 2012; Ord. NS-492 § 3, 1999; Ord. NS-439 § 3, 1998; Ord. 9224 § 2, 1969; Ord. 9060 § 1001) View the mobile version. July 28, 2020 Item #12 . Page 35 of 38 http://www.qcode.us/codes/carlsbad/view.php?topic=21-21 26-21 26 020&frames=on 7/17/2020 21.28.020 Limitations on permitted uses. Page 1 of 1 carlsbad Municipal Code YP Pre~ious Next Main .Search frint No Frames Title 21 ZONING Chapter 21.28 C-2 GENERAL COMMERCIAL ZONE 21.28.020 Limitations on permitted uses. Every nonresidential use permitted in the C-2 zone shall be subject to the following conditions and limitations: 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. 2. Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises. (Ord. CS-172 § VIII, 2012; Ord. NS-492 § 6, 1999; Ord. NS-439 § 6, 1998; Ord. 9224 § 2, 1969; Ord. 9060 § 1101) View the mobile version. JL,Jly 28, 2020 . . lteru #12 Page 3-6 of 38 http:i'1www.qcode.us/codes/carlsbad/v1ew.php?top1c=21-2 l _ 28-21 _ 28 _ 020&trames=on 7i'20/2020 21.30.020 Limitations on permitted uses. Page 1 of 1 Carlsbad Municipal Code yp Pre:iious Next Main .Search frint No Frames Title 21 ZONING Chapter 21.30 C-M HEAVY COMMERCIAL-LIMITED INDUSTRIAL ZONE 21.30,020 Limitations on permitted uses. Every use permitted shall be subject to the following conditions and limitations: (I) When an industrial area fronts or sides upon a thoroughfare, the opposite side of which is classified for "R" purposes, there shall be maintained a building line setback often percent of the average depth of the lots in each block of such industrial area, provided such setback shall not be less than ten feet nor exceed fifty feet in depth. A minimum strip of landscaping approved by the planning commission shall be maintained along all frontage of the setback area. In addition thereto, the following uses may be permitted in such setback area: (A) Landscaping, (B) Motor vehicle parking ( only if surfaced in such manner as to eliminate dust or mud), (C) Employees recreational area without structures, (D) Driveways (only if surfaced in such manner as to eliminate dust or mud), (E) Railroad spur tracks, excluding storage of railroad motive power equipment or rolling stock, (F) An ornamental open type fence not over eight feet in height, made of material such as woven wire, wood, welded wire, chain link or wrought iron; (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; (3) All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, vibration or other similar causes. (Ord. NS-492 § 9, 1999; Ord. NS-439 § 9, 1998; Ord. 9060 § 1201) View the mobile version. J~ly 28, 2020 Item. #12 Page 37 of 38 http://www.qcode.us/codes/carlsbad/view.php?topic=21-21_30-2l_30_020&trames=on 7/17/2020 21.31.070 Limitations on permitted uses. Page 1 of 1 carlsbad Municipal Code Y.p Pre~ious .Next Main Search frint No Frames Title 21 ZONING Chapter 21.31 C-L LOCAL SHOPPING CENTER ZONE 21.31.070 Limitations on permitted uses. Every nonresidential use permitted shall be subject to the following conditions and limitations: A. Conduct Uses in Buildings. All uses shall be conducted wholly within a building, except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or otherwise as identified and permitted in a site development plan. The city planner is authorized to make any necessary interpretations of this subsection; B. On-Site Manufacture of Goods. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing of products permitted herein; C. Storage shall be limited to: I. Accessory storage of commodities to be sold at retail on the premises; and 2. Materials to be recycled. (Ord. CS-172 § XIII, 2012; Ord. CS-164 § I 0, 2011; Ord. NS-765 § 3, 2005) View the mobile version. July 28, 2020 . . Jtem.#12 Page 38 of38 · http://WWW.qcode.us/codes/carlsbad/v1ew.php?top1c=21-21_31-21_31_ 07U&trames=on 7/17/2020 All Rec~ive -Agenda Item# j,2..- For the Information ofthe: {city of Carlsbad 7 T~lJJ~OUNCIL Date ~CA ✓ CC V CM V ACrv1 V DCM (3) V July 28, 2020 To: From: Via: Re: Council Memorandum Honorable Mayor Hall and Members of the City Council Jeff Murphy, Community Developmen~~ctor Geoff Patnoe, Assistant City Manager Gpt Additional Materials Related to Staff Report Item No. 12 -Empowering the Director of Emergency Services to Temporarily Suspend or Modify Certain Land Development Standards to Mitigate the Economic Effects of the COVID-19 Pandemic State of Emergency on Local Businesses On July 27, 2020, the Ad Hoc Subcommittee on Economic Revitalization (Subcommittee) considered additional information about the business makeup of the downtown area relative to the above referenced item. After deliberation, the subcommittee supported allowing the size of curb cafes to be expanded from two to four parking stalls, subject to the following restrictions: • Businesses that are issued a Private Property Permit to activate a private parking lot or private common area shall not be eligible for a right-of-way use permit for a curb cafe. • The maximum length of a curb cafe may extend past the length of the business frontage it serves, only if written authorization is granted from the affected adjacent business owner and property owner. Background As reflected in the July 28, 2020, staff report, the maximum size of curb cafes is limited to two parking stalls (Section 2.6.5.A.5). Some business owners are wanting to use more stalls, as many as four, to accommodate more seating to help offset their loss of indoor space. At its meeting on July 20, 2020, the Subcommittee did not initially provide a recommendation on this matter, but raised the concerns listed below. The Subcommittee also requested additional information about the business makeup of the downtown area and those businesses that would likely utilize a curb cafe. • Concerns were raised over equity in that a business that activates both a private parking lot and curb cafe has an unfair advantage over a business that relies entirely on street parking. • Parking stalls are not assigned to specific businesses but provide parking for all establishments in the downtown area. The Subcommittee raised concerns that too many curb cafes could cut into public street parking for non-restaurant businesses. Honorable Mayor Hall and Members of the City Council July 28, 2020 Page 2 Discussion At its meeting on July 27, 2020, the Economic Development Department staff provided the Subcommittee with the requested information and, after deliberation, the Subcommittee agreed to recommend the expansion of curb cafes from two to four stalls subject to the following conditions: • Businesses that are issued a Private Property Permit to activate a private parking lot or private common area shall not be eligible for a right-of-way use permit for a curb cafe. • The maximum length of a curb cafe may extend past the length of the business frontage it serves, only if written authorization is granted in writing from the affected adjacent business owner and property owner. If the City Council agrees with the Subcommittee's recommendations, a revised "Attachment A" to the City Council resolution that incorporates these recommendations is attached and would replace the version included in the July 28, 2020, staff report. Attachment: A. Attachment A to the City Council Resolution (Rev. 7 /27 /20) cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindie McMahon, Deputy City Attorney Ron Kemp, Deputy City Attorney David Graham, Chief Innovation Officer ATTACHMENT A (Rev. 7 /27 /20} LAND DEVELOPMENT STANDARDS TEMPORARILY SUSPENDED OR MODIFIED DURING THE LOCAL COVID-19 PANDEMIC STATE OF EMERGENCY A. Curb Cafes (Section 2.6.5.A of the Village & Barrio Master Plan) The following standards are temporarily suspended or modified for a curb cafe, which is defined under the master plan as a temporary deck structure for a food and/or beverage serving use that allows for outdoor seating to extend from the sidewalk and into the parking lane. 1. The following provision of Sections 2.6.5.A.2 is suspended. Curb cafes are temporary structures on public streets. The city engineer may require their temporary or permanent removal to accommodate street or other infrastructure improvements or maintenance or to ensure adequate public · parking is maintained. In the Coasta.1 Zone, if city authorized parking studies indicate public parking occupancy 1.vithin a quarter mile radius of the curb caf6 is gs percent or more for five consecutive years, the curb caf6 shall be remo•Jed unless the applicant can secure replacement public parking ·within the quarter mile radius equal to the number of on street parking spaces impacted by the curb caf6. 2. The following provision of Sections 2.6.5.A.4 is suspended No more than four curb cafes may be permitted per street block (see definition in appendix A); however, this maximum may be reduced for the following reasons: a. No curb cafes shall be permitted on any street block that has an on street public parking occupancy of gs percent or more based on the most recent City authorized parking study or other information the city engineer accepts. b. The city engineer may limit the number of curb cafes or deny a curb cafe due to reasons of public health, safety or welfare, such as lack of adequate infrastructure, topography, bike lanes, and proximity to driveways, intersections, and residences. 3. Sections 2.6.5.A.9.c is suspended. c. Parking as required by Section 2.6.6. 4. Sections 2.6.5.A.5 is modified as follows. The maximum size of curb cafes shall be limited to -twe four diagonal or parallel parking spaces. Where parking spaces are not demarcated, the -twe four parking space maximum shall still apply and shall be based on dimensional parking standards approved by the city engineer. 5. Sections 2.6.5.A.6 is modified as follows. ATTACHMENT A (Rev. 7 /27 /20} The maximum length and size of the curb cafe shall generally be restricted to the length of the building/tenant space the curb cafe serves . The curb cafe shall be "most-directly" in front of the business it serves. Accordingly, some curb cafes may be limited to no more than one parking space. Notwithstanding, the maximum length of a curb cafe may extend past the length of the business frontage it serves, only if written authorization is granted from the affected adjacent business owner and property owner. 6. Eating/drinking establishments that are issued a Private Property Permit to activate a private parking lot or private common area shall not be eligible for a right-of-way use permit for a curb cafe. B. Sidewalk Cafe (Section 2.6.5.B of the Village & Barrio Master Plan) The following standards are temporarily modified for a sidewalk cafe, which is defined under the master plan as an outdoor extension of a food and/or beverage serving use where exterior seating occurs partially or wholly on public property. 1. Section 2.6.5.B.3 is modified as follows. The sidewalk cafe shall be restricted to the frontage(s) of the business it serves and shall not encroach on the frontage of any adjacent business, unless authorization is granted in writing from the adjacent business/property owner. C. Outdoor display (Section 2.6.5.C of the Village & Barrio Master Plan) The following standards are temporarily suspended or modified for an outdoor display, which is defined under the master plan as a temporary display of merchandise by a business that is limited in size, duration and location and placed partially or wholly on public property. 1. Section 2.6.5.C.1 is suspended. One outdoor display may be located outside the •,a.ralls of the business space it serves and •,a.rithin the public right of way. 2. Uses, services and operations associated with the business shall be allowed to temporarily occupy that space reserved for outdoor displays consistent with the standards specified in Sections 2.6.5.C.2 and 4 through 7. 3. Section 2.6.5.C.3 is modified as follows. The outdoor display shall be placed adjacent to and parallel to the subject business. The display shall not be placed adjacent to the street curb, perpendicular to the business, or as part of a curb cafe. The outdoor display shall not encroach upon the frontage of an adjacent business, unless authorization is granted in writing from the adjacent business. D. Private Property Permit {Carlsbad Municipal Code Section 8.17) ATTACHMENT A (Rev. 7/27/20) The temporary outdoor activation of private property such as parking lots and common areas to allow the continued operations and services of businesses affected by COVID may be authorized upon approval of a Private Property Permit, even in zones that require that commercial and retail activity be conducted within a structure, including, Carlsbad Municipal Code Sections 21.26.020(1), 21.28.020(1), 21.30.020(2), and 21.31.070(A). Jeff Murphy Community Development Director July 28, 2020 Temporary Regulatory Relief during COVID Background •Over 30 businesses using parking lots for services •Working with several others to activate space •But more is needed, businesses looking to… Expand into on-street parking stalls Allow activities normally conducted inside, outdoors 2 Background •July 14, 2020, City Council expressed interest in allowing temporary exemptions. •Staff presented options before the Economic Revitalization Subcommittee. •Subcommittee discussed/took the following actions 3 Sidewalk Cafe 4 •An outdoor eating/drinking area extending from building frontage into sidewalk. •Limited to the area immediately in front of business. Sidewalk Cafe 5 •An outdoor eating/drinking area extending from building frontage into sidewalk. •Limited to the area immediately in front of business. •Allowed to expand if written permission from adjacent property owner is authorized Outdoor Displays 6 •The temporary display of merchandise by businesses that is limited in size, duration and location. •Three standards that limit use Display on State Street Outdoor Displays 7 •One display per business, display must located within frontage of that business and limited to merchandise Outdoor Displays 8 •One display per business, display must located within frontage of that business and limited to merchandise •Temporarily suspend display limits, allow displays to encroach and allow for services Curb Cafés •A deck structure that allows for outdoor seating to extend from the edge of sidewalk into the parking lane for the purposes of food and/or beverage serving. •Three standards frustrate use 9 Curb Café on State Street Curb Cafés •Prohibition if parking study shows public parking occupancy >85% 10 Curb Cafés •Prohibition if parking study shows public parking occupancy >85% •Reduced occupancy resulting in a reduced need for parking in the downtown area. •Temporarily suspend standard 11 Curb Cafés •Additional parking required if a curb café AND sidewalk café are proposed. 12 Curb Cafés •Additional parking required if a curb café AND sidewalk café are proposed. •Temporarily suspend standard 13 Curb Cafés •Limited in size to two parking stalls; four requested 14 Curb Cafés •Limited in size to two parking stalls; four requested •Equity concerns •Impacts on non-restaurant uses •Over-saturation/limiting parking 15 Curb Cafés Economic Development Department •Information on business makeup of the village •Parking opportunities •Discussions with owners 16 Curb Cafés Subcommittee recommended to allow subject to following •Not eligible if business activates private parking lot •Must receive written authorization from neighbors 17 Private Property Permit •Code requires uses to be conducted indoors •Code allows outdoor temporary events on private property •COVID protocols, while temporary, expected in foreseeable future 18 Private Property Permit •To avoid confusion, clarify that activation is only authorized for duration of the emergency •Allows uses to temporarily operate outdoors such gyms, churches, barbershops, salons •Subject to County/State allowance 19 Recommendations Adopt the resolution (as revised) amending the powers of the Director of Emergency Services to temporarily suspend certain land development standards to assist businesses during the COVID-19 Pandemic 20 Jeff Murphy Community Development Director July 28, 2020 Temporary Regulatory Relief during COVID