HomeMy WebLinkAbout1997-09-17; Design Review Board; ; ZCA 97-02|LCPA 97-01|ZCA 97-03|LCPA 97-07 - DRIVE-THRU RESTAURANT PROHIBITION·1·ne City of CARLSBAD Planning Department
A REPORT TO THE DESIGN REVIEW BOARD
AND THE PLANNING COMMISSION
PC/ORB AGENDA OF: September 17, 1997
ItemNo. (D
Application complete date: February 24, 1997
Project Planner: Eric Munoz
Project Engineer: N/ A
SUBJECT: ZCA 97-02/1!.EPA 97-01/ZCA 97-03/LCPA 97-07 -DRIVE-THRU
RESTAURANT PROHIBITION -Request to amend the City's Zoning
Ordinance and all segments of the City's Local Coastal Programs to establish a
Citywide prohibition on Drive-thru Restaurants.
I. RECOMMENDATION
Desip Review Board:
That the Design Review Board ADOPT Design Review Board Resolutions No. 257 and 258
RECOMMENDING APPROVAL of LCPA 97-07 and ZCA 97-03 based upon the findings
and subject to the conditions contained therein.
Plannin& Commission:
That the Planning Commission ADOPT Planning Commission Resolutions No. 4163 and 4164
RECOMMENDING APPROVAL of ZCA 97-02 and LCPA 97-01 based upon the findings
and subject to the conditions contained therein.
II. INTRODUCTION
This application proposes to establish and implement a Citywide prohibition on Drive-thru
Restaurants in response to City Council direction and action with regards to this land use.
III. PROJECT DESCRIPTION AND BACKGROUND
On June 3, 1997, the Carlsbad City Council adopted Resolution No. 97-474 directing the
Planning Director to prepare a potential prohibition of Drive-thru Restaurants throughout the
City. To implement this Citywide prohibition, a zone code amendment is proposed (ZCA 97-02)
. which will define and prohibit Drive-thru Restaurants from all zones in the City; and the
proposed ZCA 97-03 applies in the Redevelopment Area. The City's Coastal Zone will be
addressed in two separate local coastal program amendments. LCPA 97-07 amends the Village
Design Manual to prohibit Drive-thru Restaurants from the Village LCP segment. The balance
of the City's Coastal Zone and LCP segments are addressed by LCPA 97-01 which amends
and/or inserts LCP policy text to further implement the Citywide prohibition.
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ZCA 97-02/LCPA 97-01/ZcA 97-03/LCPA 97-07-DRIVE-THRU RESTAURANT
PROHIBITION
SEPTEMBER 17, 1997
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IV. ANALYSIS
Drive-thru Restaurants have been determined by the City Council to be potentially disruptive to
traffic circulation, aesthetic quality and land use compatibility and the Council directed staff to
prepare a prohibition of this land use. With the approval of City Council Resolution No. 97-474
on June 3, 1997 (attached), the process of preparing a Citywide prohibition was initiated. This
application, therefore, implements Council action by proposing zoning ordinance and LCP text
modifications to establish a Drive-thru Restaurant prohibition on a Citywide basis including the
City's coastal zone properties and Village Redevelopment Area.
The primary regulations prohibiting Drive-thru Restaurants for all areas of the City except for the
Village Redevelopment Area are contained in the City's zoning ordinance. Currently, Section
21.42.010(5)(N) allows drive-thru businesses in any zone except residential through the
processing and approval of a conditional use permit. ZCA 97-02 proposes to define Drive-thru
Restaurants (based on the presence of a drive-thru lane to service customers), and then to
specifically prohibit them from Section 21.42.010(5)(N). This will result in Drive-thru
Restaurants being prohibited from all zones except Village Redevelopment Area in the City by
right and via the conditional use permit process. Other sections of the zoning ordinance will be
modified as needed to reinforce the Citywide prohibition on Drive-thru Restaurants. The
proposed zone code changes described above are attached as Exhibit "X" to Planning
Commission Resolution No. 4163 for ZCA 97-02.
The Village Master Plan and Design Manual implements the Redevelopment Plan and regulates
land use in the Village Redevelopment Area. This document currently limits drive-thru facilities
for fast food restaurants to three ( of the nine) land use districts within the Village Redevelopment
Area. The proposed revision to the Village Master Plan and Design Manual is also covered by
technical amendment to 21.35.020 (ZCA 97-03) and will prohibit drive-thrus for fast food
restaurants in all areas of the Village.
The City's LCP for the Village Redevelopment Area portion of the coastal zone is also
implemented by the Village Master Plan and Design Manual. LCPA 97-07 modifies a land use
table within the Manual (shown as Exhibit "Z" in Design Review Board Resolution No. 257) to
clearly prohibit Drive-thru Restaurants from any location in the Village area and LCP segment.
The balance of the City's Coastal Zorie is addressed by LCPA 97-01 which modifies or inserts
policy text into the Mello I, Mello II, Agua Hedionda, East Batiquitos and West Batiquitos Local
Coastal Program segments. The new/revised policy text clearly prohibits Drive-thru Restaurants
from each of these LCP segments and is attached as Exhibit "Y'' to Planning Commission
Resolution No. 4164.
ZCA 97-02/LCPA 97-01/ZcA 97-03/LCPA 97-07-DRIVE-THRU KESTAURANT
PROHIBITION
SEPTEMBER 17, 1997
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V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA
Guidelines and will not have any adverse significant impact on the environment. Section 15061
(b)(3) exempts projects which can be seen with certainty, will have no possibility of having a
significant effect on the environment. Regulations which prohibit Drive-thru Restaurants qualify
for this exemption, because they prohibit a land use that has the potential to have adverse impacts
on traffic circulation, aesthetic quality, land use compatibility, etc. A Notice of Exemption will
be issued by the Planning Director after project approval.
ATTACHMENTS:
1. Design Review Board Resolution No. 257
2. Design Review Board Resolution No. 258
3. Planning Commission Resolution No. 4163
4. Planning Commission Resolution No. 4164
5. City Council Resolution No. 97-474.
6. Exhibit "A," bold/strikeout copy of ordinance, dated September 17, 1997
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RESOLUTION NO. 97-474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER A ZONE
CODE AMENDMENT PROHIBITING DRIVE-THRU RESTAURANTS IN
CERTAIN LOCATIONS OR THROUGHOUT THE CITY
BE IT RESOLVED, by the City Council of the City of Carlsbad, California that:
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Pursuant to section 21.52.020 of the Carlsbad Municipal Code, the City Council
f the City of Carlsbad hereby declares its intention to consider an amendment of Title 21 of
a he Carlsbad Municipal to:
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Amend section 21.42.010(5)(N) to prohibit drive-thru restaurants in all
non-residential zones in the City or portions thereof.
The Planning Director is further directed that until these studies are completed
nd recommendations are received from him and the Planning Commission, all applicants fo
rive-thru restaurants shall be required to sign an acknowledgment of pending and proposed
changes for drive-thru restaurants (attached hereto as Exhibit "A").
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci
17 of the City of Carlsbad held on ·the 3rd day of __ Ju_n_e ___ , 1997 by the following
18 vote, to wit:
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A YES: Council Members Lewis, Nygaard and Kulchin
NOES: Council Members Finnila and Hall
ABSENT: None
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28 ALETHAL.RAUTENKRANz,CityClerk \
(SEAL}
NOTICE OF ACKNOWLEDGMENT OF PENDING AND
PROPOSED CHANGES FOR DRIVE-THRU RESTAURANTS
The City Council of the City of Carlsbad adopted Resolution No. ____ at its
meeting of _______ directing the Planning Director to study the issue and
make recommendations on the prohibition of drive-thru restaurants in certain locations
or throughout the City and to bring those studies and recommendations forward and to
hold the necessary public hearings before the Planning Commission which will consider
these studies and recommendations. The City Council will then act on these matters
and decide whether or not such changes are necessary and appropriate in accordance
with the best interests of the citizens of Carlsbad. This process is expected to be
completed within the next 12 months. If you have any questions, please contact the
Planning Director at 438-1161. •
I have read and acknowledge this notice and as the applicant ·or applicant's
representatives for a drive-thru restaurant.
DATED: --------Signature
Print Name
EXHIBIT.A"
,f
EXHIBIT "A"
SEPTEMBER 17, 1997
SECTION I: That Title 21, Chapter 21.04, Section 21.04.109 is added to the
Carlsbad Municipal Code to read as follows:
"21.04.109. Drive-thru Restaurant.
"Drive-thru Restaurant" means a restaurant that has a drive-thru lane to serve
customers in motor vehicles."
SECTION II: That Title 21, Chapter 21.26, Section 21.26.010(22) is amended to
read as follows:
"21.26.010(22).
(22) Restaurants (excluding Drive-thru Restaurants), tea rooms or cafes
(excluding dancing or entertainment and on-sale liquor);"
SECTION III: That Title 21, Chapter 21.26, Section 21.26.020(1) is amended to
read as follows:
"21.26.020(1).
(I) All uses shall be conducted wholly within a building except such uses as
eki•,r;e in Fe!ffaQf&flts, gasoline stations, electrical transformer substations and nurseries for sale of
plants and flowers and similar enterprises customarily conducted in the open;"
SECTION IV: That Title 21, Chapter 21.27, Section 21.27.030(4) is amended to
read as follows:
"21.27.030(4).
( 4) Restaurants (except Drive-thru Restaurants);"
SECTION V: That Title 21, Chapter 21.27, Section 21.27.030(6) is amended to
read as follows:
"21.27.030(6).
(6) Drive-thru facilities (except Drive-thru Restaurants);"
SECTION VI: That Title 21, Chapter 21.28, Section 21.28.020(1) is amended to
read as follows:
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"21.28.020(1).
(I) All uses shall be conducted wholly within a building except such uses as
elri?Je iB FeSQQ:IFO:HS, gasoline stations, electrical transformer substations and horticultural
nurseries, and similar enterprises customarily conducted in the open."
SECTION VII: That Title 21, Chapter 21.29, Section 21.29.030(3) is
amended to read as follows:
"21.29.030(3).
(3) Restaurants (with the exception of Drive-thru Restaurants);"
SECTION VIII: That Title 21, Chapter 21.29, of the Carlsbad Municipal Code is
amended by the deletion of subdivision (5) and renumbering of subdivision (6) to subdivision (5)
of Section 21.29 .050, to read as follows:
"21.29.050(5).
(5) &esml:H=8B:t;s ~ ~i:o:r/4ee dril,se iB, dri¥e tlH:ll oi: mke OQt ser¥iee; (') Bed
and breakfast uses."
SECTION IX: That Title 21, Chapter 21.30, Section 21.30;020(2) is amended to
read as follows:
"21.30.020(2).
(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 dri:r,ie in i:eSQlYFO:Hts, gasoline stations, electrical
transformer substations and horticultural nurseries, and similar enterprises customarily conducted
in the open, provided such exclusion shall not include storage yards, contractor's yards and like
uses;"
SECTION X: That Title 21, Chapter 21.34, Section 21.34.030(1) is amended to
read as follows:
"21.34.030(1).
( 1) Eating and drinking establishments (with the exception of Drive-thru
_ Restaurants);"
SECTION XI: That Title 21, Chapter 21.35, Section 21.35.020 is amended to
read as follows:
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"21.3 5. 020. Incorporation of redevelopment plan and village master plan and
design manual by reference.
The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City
Council Ordinance No. 9591 and the Village Master Plan and Design Manual as adopted by
Carlsbad Housing and Redevelopment Commission Resolution No. 271, and modified by
Carlsbad Housing and Redevelopment Commission Resolutions No. 280 and ___ _, are
hereby adopted by reference and incorporated into this chapter.
SECTION XII: That Title 21, Chapter 21.42, Section 21.42.010(5)(N) 1s
amended to read as follows:
"21.42.010.{5)00.
(N) Drive-thru business or drive-thru facilities to existing businesses except
Drive-thru Restaurants which are prohibited from all zones in the City including coastal zone
properties. The Drive-thru Restaurant prohibition applies Citywide to all existing and
proposed specific plans, master plans, and related amendments. Drive-thru Restaurants that
are either existing or have received final approvals by the effective date of this ordinance are
allowed to exist and may apply for CUP extensions to allow for continued operations."
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