HomeMy WebLinkAbout2020-07-28; City Council; Resolution 2020-167Exhibit 1
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
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
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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.
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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: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
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ATTACHMENT A
LAND DEVELOPMENT STANDARDS TEMPORARILY SUSPENDED OR MODIFIED DURING THE
LOCAL COVID-19 PANDEMIC STATE OF EMERGENCY
A. Curb Cafés (Section 2.6.5.A of the Village & Barrio Master Plan)
The following standards are temporarily suspended or modified for a curb café, 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 within a quarter mile radius of the curb café is
85 percent or more for five consecutive y ars, the curb café shall be removed
unless the applicant can secure replacement public parking within the quarter
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curb café.
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
r asons:
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 2.6.6.
4. Sections 2.6.5.A.5 is modified as follows.
The maximum size of curb cafes shall be limited to two four diagonal or parallel
parking spaces. Where parking spaces are not demarcated, the two four parking
space maximum shall still apply and shall be based on dimensional parking
standards approved by the city engineer.
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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 café.
B. Sidewalk Café (Section 2.6.5.8 of the Village & Barrio Master Plan)
The following standards are temporarily modified for a sidewalk café, 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 2.6.5.6.3 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 2.6.5.0 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 walls of the business space it
serves and within the public right of way.
2. Uses, services and qperations 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).
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