HomeMy WebLinkAbout2020-09-15; City Council; ; Empower the Director of Emergency Services to Temporarily Suspend or Modify Certain Land Development Standards in the Westfield Carlsbad Specific Plan to Mitigate the EcoMeeting Date: September 15, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jeff Murphy, Community Development Director
Jeff.Murphy@carlsbadca.gov, 760-602-2783
Subject: Empower the Director of Emergency Services to Temporarily Suspend or
Modify Certain Land Development Standards in the Westfield Carlsbad
Specific Plan 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 in the Westfield Carlsbad Specific Plan 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 public and private property, city regulations do not
provide enough flexibility to allow certain solutions that could further help businesses operate
during these unprecedented times.
On August 24, 2020, the Ad Hoc City Council Economic Revitalization Subcommittee
recommended temporarily suspending or modifying certain land development standards within
the Westfield Carlsbad Specific Plan to allow more flexibility in the temporary use of the city-
owned parking lot parcels. The Westfield Carlsbad Specific Plan regulates land uses at The
Shoppes at Carlsbad shopping center. If the City Council supports the recommendations of the
subcommittee, the attached resolution will empower the director of emergency services (the
city manager) under Carlsbad Municipal Code Chapter 6.04, Emergency Services, to temporarily
suspend or modify certain land development standards within the Westfield Carlsbad Specific
Plan and Section 8.17 of the Carlsbad Municipal Code for the duration of the local COVID-19
pandemic state of emergency.
Discussion
Background The city has recently received requests from certain businesses operating within The Shoppes
at Carlsbad shopping center to authorize the outdoor commercial activation of the parking lot
Sept. 15, 2020 Item #9 Page 1 of 21
for temporarily operations during the pandemic, similar to the authority given other businesses
throughout the city. The owners of the shopping center have also requested that the parking
lot be allowed to be used for other COVID-19-related services, including a temporary drive-thru
clinic that performs COVID testing.
However, under the 2013 Westfield Carlsbad Specific Plan, which sets the land use regulations
for The Shoppes at Carlsbad, these temporary activations are not explicitly allowed or
permitted on the property. Furthermore, even if these temporary activations were authorized
under the code, the specific plan greatly limits their duration to no more than 60 days. The
private property permit has been the permit used to activate similar parking lots in other
private retail centers. Because the parking lot at The Shoppes at Carlsbad is owned by the city
and is considered public property, staff cannot use the private property permit to authorize this
use of the parking lot.
At its meeting on August 18, 2020, during a discussion of the COVID-19 Actions and
Expenditures Report, the City Council passed a minute motion directing the city manager to
investigate the options to temporarily modify or suspend certain requirements governing
temporary uses in the Westfield Carlsbad Specific Plan area (Exhibit 2). In response, staff
identified those sections within the plan that complicate the city’s ability to allow for workable
solutions for parking lot activation and developed recommendations on how best to allow for
the temporary suspension of those regulations to help struggling businesses and to allow for
COVID-related services.
Staff presented the information to the Ad Hoc City Council Economic Revitalization
Subcommittee on August 24, 2020 (Exhibit 3). The subcommittee asked some clarifying
questions, including questions on the certification and licensing requirements for drive-thru
COVID testing. The subcommittee considered the information and responses provided and
recommended the temporary suspensions and modifications as proposed by staff. After the
meeting, the COVID Clinic, the company interested in operating a drive-thru COVID testing
facility at the shopping center parking lot, provided a written response to the questions raised
by the subcommittee members (Exhibit 4).
Should the City Council support the recommendations of the subcommittee, the attached
resolution will empower the director of emergency services (the city manager) under Carlsbad
Municipal Code Chapter 6.04, Emergency Services, to temporarily suspend or modify those
standards specified above and detailed below for the duration of the local COVID-19 pandemic
state of emergency. Once the City Council ends the local state of emergency, the temporary
suspension of the standards will also end, and any temporary improvements allowed under the
suspended or modified standards will need to be removed.
Code sections needing suspension or modification
Below is an overview of certain sections of the Westfield Carlsbad Specific Plan and the
municipal code that prevent businesses from expanding their operations outdoors during the
COVID-19 pandemic state of emergency, followed by staff’s recommendations for removing the
impediments.
Sept. 15, 2020 Item #9 Page 2 of 21
Temporary uses allowed
Section 3.2 of the specific plan covers the type of temporary events that are currently allowed
in the parking lot:
o Automotive demonstrations and product awareness events with local Carlsbad dealers
o Bicycling or skating demonstrations or shows
o Christmas tree lots
o City-wide events
o Farmers’ markets
o Pumpkin patches
o Seasonal garden centers
o Other similar events
The expansion of existing retail businesses and the COVID clinic do not fit within the allowances
listed above. Staff recommends that this standard be modified to allow businesses within the
shopping center to temporary expand their operations into the parking lot for the duration of
the COVID-19 state of emergency. It would also allow other uses of the parking lot that would
help businesses at the shopping center during the pandemic. This expansion would also apply
to a COVID clinic or other similar COVID-related operations.
Permit duration
Section 6.2 of the plan states that seasonal events, such as Christmas tree lots and pumpkin
patches, cannot be in operation for more than 60 days, while non-seasonal events cannot go on
for more than 10 days. Staff recommends that this standard be suspended to allow commercial
use of the parking lot to continue for the duration of the state of emergency. Once the City
Council ends the local state of emergency, the temporary suspension of the standards will also
end, and any temporary improvements allowed under the suspended or modified standards
must be removed.
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 5). In short, Carlsbad
Municipal Code Chapter 8.17 regulates special events that may affect traffic, the public right of
way, fire and police services or often require 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.
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 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 and does not impact public road segments or intersections beyond normal operations.
Sept. 15, 2020 Item #9 Page 3 of 21
The department has issued over 50 special events on private property permits since June to
allow businesses throughout the city, most of which have been restaurants, to successfully
activate their parking lots to operate on a limited basis.
While The Shoppes at Carlsbad is a private retail center, the parking lot that serves the
shopping center is owned by the city, making it public property. As noted above, this means
that staff is precluded from using special events on private property permits under Chapter
8.17 to activate the parking lot at The Shoppes at Carlsbad.
Staff recommends that the City Council authorize the director of emergency services to use the
private property permit procedures in Chapter 8.17 for activation of the parking lot at The
Shoppes at Carlsbad for the duration of the COVID state of emergency.
This would enable businesses at The Shoppes, such as gyms, restaurants, salons and others, to
move operations into the parking lot during the pandemic. It would also allow other uses of the
parking lot in support of businesses at The Shoppes, and allow a COVID testing clinic and other
similar COVID-related operations to operate in the parking lot and private common areas.
Because the city is the owner of the parking lots, permits issued on public property at The
Shoppes will be required to indemnify the city and provide liability insurance in an amount
satisfactory to the city’s risk manager. The private property permit is a free permit, and should
the City Council agree to authorize the director of emergency services to apply this permit to
activate the public parking lot at The Shoppes, the permit will remain free to applicants.
Fiscal Analysis
None.
Next Steps
The director of emergency services will issue an emergency order temporarily suspending or
modifying the identified land development standards. Staff will also inform and educate the
owners of and businesses at The Shoppes at Carlsbad of the allowance and 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) for 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.
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. City Council resolution
2. Referenced sections of the Westfield Carlsbad Specific Plan
Sept. 15, 2020 Item #9 Page 4 of 21
3.Memorandum to the City Council Ad Hoc Economic Revitalization Subcommittee, dated
August 24, 2020
4.Letter from COVID Clinic, dated August 25, 2020
5.City Council Memorandum, dated June 9, 2020
Sept. 15, 2020 Item #9 Page 5 of 21
Sept. 15, 2020 Item #9 Page 6 of 21
RESOLUTION NO. 2020-189
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 IN THE WESTFIELD CARLSBAD SPECIFIC PLAN TO MITIGATE THE
ECONOMIC EFFECTS OF THE COVID-19 PANDEMIC STATE OF EMERGENCY
ON LOCAL BUSINESSES
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 of the 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
Sept. 15, 2020 Item #9 Page 7 of 21
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, 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 Westfield Carlsbad Specific Plan area and other businesses
throughout Carlsbad must reduce all indoor operations for a potentially prolonged period of time; and
WHEREAS, strict compliance with certain land development standards and regulations in the
Westfield Carlsbad Specific Plan and Chapter 8.17, Special Events, 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.
Sept. 15, 2020 Item #9 Page 8 of 21
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 t he land devel~pment
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 15th day of September, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
~~~i,x
BARBARA ENGLESON, Chy Clerk
(SEAL)
ATTACHMENT A
LAND DEVELOPMENT STANDARDS AND SPECIAL EVENT PERMIT REQUIREMENTS
TEMPORARILY SUSPENDED OR MODIFIED DURING THE LOCAL COVID-19 PANDEMIC STATE OF
EMERGENCY
A. Section 3.2 (Temporary Parking Lot Events) of the Westfield Carlsbad Specific Plan
Temporary parking lot events shall be modified to also allow businesses within The
Shoppes at Carlsbad to temporary expand their operations into the parking lot for the
duration of the COVID-19 pandemic state of emergency, as well as any other uses that
would be in support of businesses at the shopping center. This expansion would also
apply to a COVID clinic or other similar COVID-related operations.
B. Chapter 8.17 (Special Events) of the Carlsbad Municipal Code
A special event on private property permit shall be used to authorize temporary parking
lot events, as described in Section A above. As the city is the owner of the parking lots,
permits issued on public property at The Shoppes at Carlsbad will be required to
indemnify the city and provide liability insurance in an amount satisfactory to the city's
risk manager.
C. Section 6.2 (Temporary Parking Lot Event Permit) of the Westfield Carlsbad Specific
Plan
The time limitations for temporary parking lot events shall be suspended. The duration
of a temporary parking lot event, as described in Section A above and permitted in Section
B above, shall remain valid for the duration of the local COVID-19 pandemic emergency
unless terminated earlier by City Council action. Once the City Council ends the local state
of emergency, the temporary suspension of the standards will also end and any
temporary improvements allowed under the suspended or modified standards must be
removed.
Sept. 15, 2020 Item #9 Page 9 of 21
EX
H
I
B
I
T
2
Sept. 15, 2020 Item #9 Page 10 of 21
Westfield Carlsbad
Specific Plan
Prepared For:
fflstlieul
225 Broadway, Suite 1700
San Diego, CA 92101
City of Carlsbad
1200 Carlsbad Village Drive
carlsbad, CA 92008
Prepared by:
--Hofman Planning & Engineering
3156 Lionshead Avenue, Suite 1
carlsbad, CA 92010
Sept. 15, 2020 Item #9 Page 11 of 21
3.2 TEMPORARY USES
Temporary Parking Lot Events
Westfield Carlsbad's significant parking lot space (over 50 acres) and
efficient regional access ( e.g. from State Route 78, El camino Real,
and an on-site mass transit center) offer ample opportunity for
temporary events. Properly programmed and managed events
maximize both the use of the site and benefits to area residents,
visitors and businesses contributing significantly to the overall
vibrancy of the regional shopping center.
The following temporary events are allowed subject to the
requirements as described in Section 6.3 of the specific plan:
•
•
•
•
•
•
•
•
Automotive Demonstrations/Product Awareness with local
carlsbad dealers (excluding tent sales and used car sales)
Bike/Skate Demonstration or Show
Christmas Tree Lot
City-wide Events (such as 4th of July Celebration or other
holiday/seasonal events, MS Bike Ride, Carlsbad Marathon,
etc)
Farmers' Markets
Pumpkin Patch
Seasonal Garden Centers
Other similar events subject to mutual agreement between
Plaza Camino Real, LLC and the City of Carlsbad
In conjunction with the temporary events listed above, retail stores
at Westfield Carlsbad shall be able to setup and operate temporary
booths/stalls in support of any events. The products/services
offered in the temporary booths/stalls shall be complimentary and
compatible with the primary special event, and the number and size
of the booths/stalls shall be limited, such that they remain incidental
and subordinate to the primary temporary event use.
WESTFIELD CARLSBAD SPEaFIC PLAN
USES
All temporary events are to occur within one of the designated areas
shown in Figure 6.
Any temporary events occurring within the public right-of-way may
be allowed if they meet City of carlsbad Police definition for Special
Event per Section 8.17.020, and an application for a Special Event
Permit is filed with and approved by the City of carlsbad.
3.3 PROHIBITED USES
The following uses are prohibited from the Westfield Carlsbad
Specific Plan:
• Tattoo parlors
• Pawn shops
3-3
Sept. 15, 2020 Item #9 Page 12 of 21
6.1 STAFF APPROVAL -ADMINISTRATIVE
REVIEW
Proposed development that qualifies in a category requiring only
staff approval is not subject to discretionary review and findings are
not required to be made, instead the Planning staff shall review the
associated materials (e.g. sign permit, building permit, landscape
construction change, etc.) for compliance with the relevant
development and design guidelines of the Westfield Carlsbad Specific
Plan.
6.2 TEMPORARY PARKING LOT EVENTS PERMIT
Those uses listed in Section 3.2 'Temporary Uses" of specific plan
shall be applied for and processed in accordance with the provisions
of Chapter 8.17 (Special Events) of the carlsbad Municipal Code. In
addition to the requirements of Chapter 8.17, applications for a
Temporary Use shall be subject to the following limitations and
requirements:
• Total duration of not more than 60 days for seasonal
events, such as but not limited to Christmas tree lots
and pumpkin patches
• Total duration of not more than 10 days for non-
seasonal events
• Location within the pre-approved areas shown in Figure
3 of this specific plan
When a business or property owner plans an outdoor event on
private property that is not a Special Event as defined in C.M.C.
Chapter 8.17, the business or property owner may apply for a permit
to hold such an event to the Community and Economic Development
Director or his or her designee in accordance with the application
requirements of the City of carlsbad's Community & Economic
Development Policy 8 -Minor Special Events on Private Property.
WESTFIELD CARLSBAD SPECIFIC PLAN
DEVELOPMENT REVIEW PROCESS
6.3 SIGN APPLICATION AND PERMIT
PROCEDURES
Prior to the issuance of any new signage for Westfield Carlsbad, a
comprehensive sign program shall be prepared for review and
approval by the City Planner. The submitted and approved Sign
Program shall be in conformance with the provisions of this specific
plan chapter. Any conflicts between the municipal code and this
specific plan shall be resolved by the provisions of this specific plan
and pending sign program which implements the signage allowances
available to Westfield Carlsbad.
Sign Program Purpose
The purpose of the Westfield Carlsbad sign program Is to review and
approve signage that is integrated with the shopping center's
existing and planned buildings, proposed improvements, site
characteristics and landscaping to form a unified architectural
statement. The sign program also allows tenants as well as the
public to benefit from a uniform set of standards and allowances
with regards to Westfield carlsbad signage.
Application and fees
The sign permit application for a sign program shall be made in
writing on the form provided by the planning division. The
application shall be accompanied by the required fee. Such
application shall include the following information:
1. A copy of the approved Westfield carlsbad specific plan area
drawn to scale_ showing the location of property lines, rights-
of-way, adjacent streets, sidewalks and on-site buildings,
landscaped areas, off-street parking and vehicular access
points.
2. A drawing to scale showing the design of each sign type
allowed, including north arrow, dimensions (height and
width), sign size (area), colors, materials, method of
6-6
August 24, 2020
To: Ad Hoc City Council Economic Revitalization Subcommittee
From: Jeff Murphy, Community Development Director
Via: Gary Barberio, Deputy City Manager, Community Services Branch
Re: Improving the city’s ability to provide temporary relief for businesses in The Shoppes at
Carlsbad Shopping Center during the COVID-19 emergency
The city has recently received requests from certain businesses within The Shoppes at Carlsbad to authorize
the outdoor activation of the parking lot in order to allow temporary operations during COVID, similar to the
authority given other businesses throughout the city. The owners of the shopping center have also
requested that the parking lot be allowed to be used for other COVID-related services, including a
temporary drive-thru clinic that performs COVID testing.
However, pursuant to the 2013 Westfield Carlsbad Specific Plan, which sets forth the land use regulations
for The Shoppes at Carlsbad, these temporary activations are not explicitly allowed or permitted on the
property. Furthermore, even if these temporary activations were authorized under the code, the specific
plan greatly limits duration (up to 60 days, maximum). Lastly, the private property permit has been the
permitting tool used to activate similar parking lots in other private retail centers. Because the parking lot at
the Shoppes at Carlsbad’s is owned by the city and is considered public property, staff is precluded from
using this permitting tool.
Staff recommends that the City Council empower the director of emergency services (city manager) under
Carlsbad Municipal Code Chapter 6.04, Emergency Services, to temporarily suspend or modify those
standards specified above and detailed below for the duration of the local COVID-19 pandemic state of
emergency. Once the City Council ends the local state of emergency, the temporary suspension of the
standards will also end and any temporary improvements allowed under the suspended or modified
standards must be removed.
Code Sections Needing Suspension or Modification
Below is an overview of certain sections of the Westfield Carlsbad Specific Plan and city municipal code that
prevent businesses from expanding their operations outdoors during the COVID-19 pandemic state of
emergency, followed by staff’s recommendations for removing the impediments.
•Temporary Uses Allowed
Section 3.2 of the specific plan covers the type of temporary events that are allowed in the parking
lot; specifically,
o Automotive Demonstrations/Product Awareness with local Carlsbad dealers
o Bike/Skate Demonstration or Show
o Christmas Tree Lot
o City-wide Events
o Farmers’ Markets
o Pumpkin Patch
o Seasonal Garden Centers
o Other similar events
EXHIBIT 3
Sept. 15, 2020 Item #9 Page 13 of 21
Neither the expansion of existing retail businesses nor the COVID clinic fit within the allowances
listed above. Staff recommends that this standard be modified to allow businesses within the
shopping center to temporarily expand their operations into the parking lot for the duration of the
COVID state of emergency, as well as any other uses that would be in support of businesses at the
shopping center. This expansion would also apply to a COVID clinic or other similar COVID-related
operations.
• Permit Duration
Section 6.2 of the plan states that the total duration of seasonal events, like Christmas tree lots and
pumpkin patches, cannot not exceed 60 days; for non-seasonal events, no more than 10 days. Staff
recommends that this standard be suspended to allow COVID related activations in the parking lot
for the duration of the state of emergency.
• 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. 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.
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 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 over 50 special events on private property permits to allow
businesses throughout the city, most of which have been restaurants, to successfully activate their
parking lots to operate on a limited basis.
While The Shoppes at Carlsbad is a private retail center, the parking lot that serves the shopping
center is owned by the city, making it public property. As such, staff is precluded from using special
events on private property permits under Section 8.17 to activate the parking lot at The Shoppes at
Carlsbad. Staff recommends that the City Council authorize the Director of Emergency Services to
use the private property permit procedures in Section 8.17 for activation of the parking lot at The
Shoppes at Carlsbad for the duration of the COVID state of emergency. Like other retail centers, this
would include allowing businesses at The Shoppes, such as gyms, restaurants, salons and other
similar retail uses or uses in support of businesses at The Shoppes, to operate in the parking lot and
private common areas. As the city is the owner of the parking lots, permits issued on public
property at The Shoppes will be required to indemnify the city and provide liability insurance in an
amount satisfactory to the city’s risk manager. The private property permit is a free permit, and
should the City Council agree to authorize the Director of Emergency Services to apply this permit to
activate the public parking lot at The Shoppes, the permit will remain free to applicants.
Sept. 15, 2020 Item #9 Page 14 of 21
Attachment A: Relevant Sections of the Westfield Carlsbad Specific Plan
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
Ron Kemp, Assistant City Attorney
David Graham, Chief Innovation Officer
Curtis Jackson, Real Estate Manager
Sept. 15, 2020 Item #9 Page 15 of 21
1
August 25, 2020
Curtis M. Jackson, Esq.
Real Estate Manager
City of Carlsbad
3096 Harding St.
Carlsbad, CA 92008
Dear Mr. Jackson,
Please find the requested information for the Carlsbad City Council:
1.What type of certification is required for COVID CLINIC, Inc. to operate?
In the city of Carlsbad, we are required to have a business license, an event permit
and the state issued CLIA certificate.
2.Do the offered tests require FDA approval?
To date, no test has been given approvals for COVID testing by the FDA. The tests we
administer have received Emergency Use Authorization (EUA) from the FDA.
3.What types of tests are we conducting?
Rapid COVID-19 Test, Expedited COVID-19 PCR Tests, Rapid COVID-19 Antibody
Test
4.What specifically was missing that made Covid Clinic not compliant previously, and what
was remedied?
We were waiting on the state issued CLIA (Clinical Laboratory Improvement
Amendments) certificate that certifies us to operate as a lab since we do both the
testing and the lab processing on site. We now have this for all of our locations.
5.What is the price point and accessibility for your tests?
Our motto is “COVID testing for all” so insurance is not required to take a test. We
serve local communities and depending on demand, same day appointments are
available. We offer the Rapid Covid-19 Test ($150), Expedited COVID-19 PCR Tests
($375-$475), Rapid COVID-19 Antibody Test ($99). Results are delivered digitally in as
little as 20 minutes depending on the test. We encourage patients with insurance to
submit the test expense to their insurance company for reimbursement.
We are looking forward to serving the community of Carlsbad with rapid and efficient testing.
Sincerely,
Matthew Abinante, DO, MPH
EXHIBIT 4
Sept. 15, 2020 Item #9 Page 16 of 21
All Receive -Agenda Item # +
For the Information of the:
pTYCOUNCIL
Date� CA __y_ cc V
CM�ACM�DCM (3) ✓
June 9, 2020
Council Memorandum
To:
From:
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 Di ector
Via: {city ofCarlsbad
Re:
Geoff Patnoe, Assistant City Manager h-/J
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 9e 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.
EXHIBIT 5
Sept. 15, 2020 Item #9 Page 17 of 21
r
)
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
Sept. 15, 2020 Item #9 Page 18 of 21
{city ofCarlsbad
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 establishes 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 application)
•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; §8.17.040 exempts Private Property Permits
from a Special Event Permit.
Community Development Department
1635 Faradav Ave. I Carlsbad. CA 92008 I 760-602-4610
Sept. 15, 2020 Item #9 Page 19 of 21
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, including 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 during social 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:
Sept. 15, 2020 Item #9 Page 20 of 21
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).
Sept. 15, 2020 Item #9 Page 21 of 21
Jeff Murphy
Community Development Director
September 15, 2020
Temporary Regulatory Relief during COVID(Westfield Carlsbad Specific Plan)
Background
•Over 60 businesses using private parking lots
•Utilize Private Property Permit as mechanism
•The Shoppes @ Carlsbad
Temporary activation not specifically authorized
Temporary uses allowed only for short duration
City-owned parking lot
2
Background
•August 18, City Council Minute Motion
•Temporarily suspend/modify development standards
•Staff recommends the following….
3
Temporary Uses Allowed
4
•Expand temporary uses to include outdoor operations
•Expansion would apply to COVID testing facility
•Extend time limit for duration of the emergency order
Private Property Permit
5
•Allow the use of Private Property Permit to activate
the parking lot
Indemnify the city
Provide liability insurance to satisfaction of risk
manager
Recommendations
6
•Ad-Hoc Subcommittee on Economic Revitalization
recommended that the City Council…
Approve the proposed changes as presented.
Jeff Murphy
Community Development Director
September 15, 2020
Temporary Regulatory Relief during COVID(Westfield Carlsbad Specific Plan)