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Home My WebLink About2013-03-12; Council Policy No. 78 (RESCINDED) - Curb Cafe Pilot Program Policy^ Policy No. ^Wp" CITY OF Date Issued: 3-12-13 ^ CARLSBAD Effective Date: Immediately Resolution No. 2013-061 3 years from Council Policy Statement Cancellation Date Supersedes No. effective date Category: VILLAGE MASTER PLAN AND DESIGN MANUAL, SIDEWALK CAFES Specific Subject: Curb Cafe Pilot Program Policy PURPOSE: A curb cafe is a temporary deck structure that allows outdoor dining to extend from the sidewalk and into the parking lane. The purpose of creating curb cafes is to provide a unique offering that will attract more users to the Village and strengthen the local restaurants. Curb cafes will create a stronger user and pedestrian experience by increasing the quantity and quality of outdoor dining in the Village and enlivening the streetscape. Adding additional outdoor dining opportunities is an integral part of Village revitalization. BACKGROUND: The City of Carlsbad entered into a contract with Urban Place Consulting Group (Urban Place) in April 2012 to provide consulting services to develop a program, policies, financing mechanisms and/or other initiatives to spur local investment and foot traffic on a self-sustaining basis for the Village, or that area regulated by the Village Master Plan and Design Manual. As part of this effort. Urban Place has conducted surveys of Village businesses, property owners, residents and visitors. In each of these surveys, the respondents rated the creation of more outdoor dining as a high priority. The city permits sidewalk dining in the Village. However, one of the challenges to creating more outdoor dining in the Village is the relatively narrow width of the sidewalks. Several other cities faced with this same challenge, such as San Jose, Long Beach, and San Francisco, have created programs to utilize the street right of way, including parking spaces, to expand outdoor dining. The experience in all of these cities has been very positive. This policy, developed in consultation with Urban Place, establishes a three-year pilot program for approving curb cafes in a limited portion of the Village. Subject to this policy, curb cafes may take the place of on-street parking. Curb cafe permits may be valid for up to three years, subject to filing of an application, noticing of adjacent property owners and businesses, and approval and annual inspection by the city planner. POLICY: Curb cafes shal! be governed in general by the provisional land use standards for Sidewalk Cafes found in Chapter 2 ofthe Village Master Plan and Design Manual, with the following additions/exceptions: Pilot program 1. The curb cafe program shall be a pilot program beginning upon the effective date of this Council Policy and ending three years from the effective date of this policy. Prior to the policy's end date, the City Council may re-evaluate the policy, modify its provisions, and/or extend it. Page 1 of 3 Policy No. 2. Curb cafe permits shall be valid for a maximum three years. Permits may be issued anytime during the pilot program. The three year maximum period for which curb cafe permits are valid may extend beyond the end of the pilot program. Once the permit has expired, the curb cafe shall be completely removed and the street, curb, and other adjacent surfaces restored to the condition prior to the curb cafe installation. Location, number, and use 3. Curb cafes shall be limited to street rights of way within Land Use District 1. However, they shall not be permitted along Carlsbad Boulevard and Carlsbad Village Drive due to traffic volumes and/or inadequate right of way. A map of Land Use District 1 is attached. 4. During the three-year term of the curb cafe pilot program, a maximum of eleven curb cafes may be permitted within Land Use District 1. 5. Within Land Use District 1, no more than four curb cafes may be permitted per block with the exception of State Street between Carlsbad Village Drive and Grand Avenue, which may have a maximum of five curb cafes. A block is defined as two opposing block faces between adjacent, parallel intersecting streets. 6. Curb cafes shall be limited to food and/or beverage serving uses only. 7. Curb cafes may be combined with sidewalk cafes. Design standards 8. In addition to complying with the provisions of this policy, curb cafes shall comply with all applicable criteria required of Sidewalk Cafes, as stated in the provisional use standards of Chapter 2 ofthe Village Master Plan and Design Manual. 9. The maximum size of curb cafes shall be limited to two parking spaces, either diagonal or parallel. However, to facilitate access and visibility for motorists, a minimum one-foot wide buffer shall be provided between the curb cafe, adjacent parking stalls, and the vehicle travel way. 10. In areas where parking spaces are not demarcated, the two parking space maximum shall still apply and shall be based on dimensional parking standards approved by the city. 11. The maximum length and size ofthe curb cafe shall generally be restricted to the length ofthe building/tenant space the curb cafe serves. The curb cafe should be "most-directly" in front of the business it serves. Accordingly, some curb cafes may be limited to no more than one parking space. 12. The design of curb cafes shall be reviewed and approved as a part of the curb cafe permit. Quality architectural design features and materials are expected and required and shall support Goal 4 ofthe Village Master Plan and Design Manual, "improve the physical appearance ofthe Village Area." 13. The city may deny a proposed curb cafe due to reasons of public health, safety or welfare, such as lack of adequate infrastructure, topography, proximity to driveways or intersections, and proximity to residences. 14. Curb cafes shall not require replacement or additional parking. Permits, review, and fees 15. Before installing a curb cafe, an applicant must first apply for and obtain approval of a curb cafe permit from the city planner. The applicant shall apply for a curb cafe permit using the application form required of sidewalk cafes. The applicant shall pay the required application fee and follow the submittal requirements outlined on the application and as provided in this policy. 16. In addition to securing a curb cafe permit, the applicant also shall apply for and obtain approval before installing the curb cafe of (1) an encroachment agreement to allow private improvements in the public right of way; (2) a building permit; and (3) any other required permits. Page 2 of 3 (jp Policy No. 17. Curb cafe permits shall be subject to noticing of adjacent property owners and tenants within a 100-foot radius of the property of the business the curb cafe would serve. The notice shall announce the city planner's pending decision and invite persons to provide verbal or written comments on the decision to the city planner during a ten day review period. Those property owners or tenants providing comment on the curb cafe permit shall receive notice of the city planner's decision. The process for appeals of the city planner's decision shall be according to Carlsbad Municipal Code Section 21.54.140. 18. Curb cafe permits shall be reviewed annually by the city planner for compliance with these policy provisions and any permit conditions. For problems encountered and not resolved after written notice and reasonable period of time to cure, the permit may be brought back up for administrative review, placement of additional or modified conditions, revocation, or other remedies available to the city. 19. The applicant shall be subject to the indemnification and insurance criteria applicable to Sidewalk Cafes as stated in Chapter 2 ofthe Village Master Plan and Design Manual. 20. The applicant shall pay to the City of Carlsbad a use fee of $100 per month per parking space (maximum 2), payable in one-year increments ($1,200 per space/per year). The use fee shall be collected upon permit issuance and shall be paid annually thereafter for the duration of the permit. 21. Curb cafes may be exempt from payment of sewer and traffic impact fees, consistent with city ordinances. Maintenance 22. Curb cafes, including all materials, fixtures, furniture and plants, if any, shall be maintained in good condition. All maintenance and repair of curb cafes shall be the sole responsibility of the applicant. Additionally, the applicant shall sweep and remove debris from adjacent street areas made inaccessible to street sweepers due to the curb cafe. Prohibitions 23. Curb cafes shall not block or impede access to restricted parking areas, fire hydrants, manholes and other utility features. 24. Curb cafes shall not be permitted to have awnings or roof elements. 25. No signs, including signs prohibited by Carlsbad Municipal Code Section 21.41.030, or objects that would distract or impair motorists, shall be attached or displayed on any part of the sidewalk cafe. Page 3 of 3 PINE ELEMENTARY SCHOOLMAD I SO N S T CoastalZone Boundary 9 8 4 7 32 6 5 1 CARL S B A D VI L L A G E D R CARL S BAD BLOAK A V GRAN D A V TY L ER S T CHRI S TI A N S E N W Y OCE AN S TBEEC H A V HOPE AV J E F FER SON S T STA TE S T ROO S E V E L T S T CHES T N U T A V PINE A V WALN U T A V H O M E A V WASH I NG TO N S T L INCO LN S T HARD ING S T GA R F IE L D S T Curb Cafes Permitted Only in Village Land Use District 1 400 0 Feet J:\Requests2010Plus\ComEconDev\Planning\5000601_13 City of Carlsbad PACIFIC OCEAN VillageReviewArea District 1 CARL S B A D VI L L A G E D R CAR L SBAD B L Inset MapArea Not Permissible for Curb Cafe Locations