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HomeMy WebLinkAbout2024-11-06; Planning Commission; ; Drive-Thru Restaurant Restrictions - Informational Report & Discussion Meeting Date: Nov. 6, 2024 3 To: Planning Commission Staff Contact: Kyle Van Leeuwen, Associate Planner; 442-339-2611; kyle.vanleeuwen@carlsbadca.gov Subject: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Location: Citywide CEQA Determination: ☒ Not a Project ☐ Exempt ☐ IS/ND or IS/MND ☒ EIR ☐ Other: Commission Action: ☐ Decision ☐ Recommendation to City Council ☒ Informational (No Action) Recommended Actions Receive report and presentation on potential options for regulating drive-thru restaurants. No action is required at this time except to discuss and evaluate the degree to which drive-thru restaurants should be permitted, conditionally permitted, or prohibited in the city’s zoning districts. Project Description This project examines the city’s land use controls for drive-through or drive-thru restaurant uses in each zoning district (i.e. principally permitted, conditionally permitted, or prohibited land uses). The objective of the Nov. 6, 2024 meeting is for the Planning Commission to receive an overview of the existing prohibition on new drive- thru restaurant uses, and provide input on what, if any, changes the commission recommends. On May 21, 2024, the City Council adopted a minute motion that, in part, directed staff to develop a series of options for the regulation of drive-thru restaurant facilities. This staff report responds to the May 21, 2024, City Council direction. After receiving feedback from the Planning Commission, staff will present the information to City Council, who may direct staff to pursue changes and draft amendments to the Carlsbad Municipal Code (CMC), Title 21. Any amendments to the city’s Zoning Ordinance (Title 21) would require Planning Commission recommendation and City Council adoption. Background and History of Existing Prohibition During the public outreach and entitlement process for the Legoland Theme Park, concerns were raised by residents that commercial development like that found around Disneyland (particularly drive-thru restaurants) could occur in some areas of the City of Carlsbad. In response, staff was directed by the City Council in Spring of 1996 to study fast food (drive-thru restaurant) land uses. The study’s objective centered around preventing proliferation of poorly designed fast-food sites which can cause adverse impacts to pedestrian movements and circulation, traffic generation/circulation, signage, litter, noise, odor, air quality (idling engines) and visual aesthetics. The study included an inventory of existing restaurants with drive-thru facilities, likely future sites, an overview of regulations, and a survey of other cities’ regulations including cities that prohibited drive-thru facilities for restaurant uses. On Feb. 4, 1997, the City Council reviewed the land use study and the associated staff report (Exhibit 1) and after discussion on possible regulatory options (i.e., complete ban, additional controls and limitations, higher level of city review), the item was continued to Feb. 18, 1997, with direction for staff to return with an urgency ordinance. An Nov. 6, 2024 Item #3 1 of 23 •• PLANNING COMMISSION @ Staff Report 0 urgency ordinance would amend the zoning code to require City Council review of a Conditional Use Permit (CUP) for restaurants with drive-thru lanes (Exhibit 2, City Council Minutes-February 2, 1997). On Feb. 18, 1997, staff presented, and the City Council adopted a Resolution of Intention (No. 97-53) declaring council’s intent to consider a zone code amendment that would establish various findings and criteria for the review and approval of new fast-food restaurants (Exhibits 3, and 4, Staff Report, Resolution, Minutes). In addition to the adopted resolution, staff also presented City Council with two draft urgency ordinances: Ordinance No. NS- 396 & NS-397. Both of these urgency ordinances would have prohibited the acceptance, processing, or approval of any new drive-thru restaurants until additional criteria were put in plans or a zone code amendment was completed (Exhibit 3). These urgency ordinances were not adopted due to lack of the required 4/5ths majority vote needed to adopt an urgency ordinance (Exhibit 4). After the Feb. 18, 1997, action by the City Council, the Planning Commission approved an application for a new drive-thru restaurant, located at 925 Palomar Airport Road, and the department received inquiries for at least two other locations for new drive-thru restaurant uses. The topic of drive-thru restaurants was brought back to the City Council on June 3, 1997 (Exhibit 5, Staff Report). At this meeting, the City Council adopted a new Resolution of Intention (Resolution No. 97-474) declaring its intent to consider a zone code amendment that would prohibit all new drive-thru restaurants in all non-residential zones in the city (Exhibit 5). This resolution (No. 97-474) had the effect of superseding the previously approved resolution (No. 97-53), which did not aim to prohibit new drive-thru uses. On Dec. 2, 1997, City Council again discussed the prohibition and the recommendations of the Planning Commission and Design Review Board (Exhibit 6, City Council Staff Report-Dec. 2, 1997) and directed staff to prepare documents to establish the prohibition (Exhibit 7, City Council Minutes - Dec. 2, 1997). On Jan. 6, 1998, the City Council adopted Ordinance No. NS-439 (Exhibit 8), which prohibited “drive-thru restaurants” (restaurants that include a drive-thru lane to serve customers in motor vehicles) in all zones throughout the city, including within specific plan areas. The term “restaurant” includes all establishments where the primary business is the preparation, service, and retail sale of ready-to-eat food and/or drinks for consumption on or off premises. This definition includes bakeries, candy and confectionery stores, coffee shops, and ice cream and other frozen dessert stores. The ordinance did not affect the allowance of drive-thru facilities for non-restaurant businesses, such as a pharmaceutical pickup window at a CVS or Walgreens, or drive-thru facilities at financial and banking businesses. Drive-thru facilities for non-restaurant uses continue to be allowed in certain zones with an approved CUP. The Coastal Commission approved the amendments on July 8, 1998. The ordinance also specified that existing restaurants with drive-thru facilities are allowed to continue operation. Currently, there are 12 such drive-thru facilities located throughout the city. The ordinance allows these facilities to be remodeled subject to the nonconforming regulations in the Carlsbad Municipal Code, but they cannot be expanded or relocated to a different site in the city. The prohibition has remained codified and largely unchanged since its adoption in January 1998. Today, the ban is codified as CMC section 21.42.140(50) and referenced in the commercial and/or industrial zones permitted use tables (sections 21.26.010, 21.29,030, 21.31.030, etc.). The Community Development Department continues to receive requests from commercial real estate brokers and property owners wishing to construct drive- thru restaurant uses. These requests have increased significantly through the COVID-19 pandemic. Given the amount of time that has passed and renewed interest in the issue, in May 2024, the City Council asked staff to develop options for potential changes to city regulation of drive-thru establishments. Existing Drive-Thru Restaurants There are currently 12 restaurant uses with drive-thru facilities within the city (Exhibit 9). Nine of these locations are clustered in just two areas: five locations in Carlsbad Village (Exhibit 10) and four near the Palomar Airport Road/Interstate 5 intersection (Exhibit 11). Additionally, there are two locations within the Poinsettia Village Nov. 6, 2024 Item #3 2 of 23 shopping center (southeast corner of Poinsettia Lane and Avenida Encinas) and one location off El Camino Real, south of the 78 freeway. TABLE A – EXISTING LOCATIONS City Council Direction During the City Council’s approval of the Planning Commission’s Work Program on May 21, 2024, a minute motion was made directing staff to develop a series of options for the regulation of drive-thru restaurant facilities. These options to range from a continued ban to the citywide allowance of new drive-thru restaurant uses. These options will be presented to the Planning Commission and Economic Development Subcommittee for their recommendation before returning to City Council for consideration. The developed options will also include time and cost estimates to implement. Drive-Thru Regulation Options The Planning Commission is being asked to evaluate the degree to which drive-thru restaurants should be permitted, conditionally permitted, or prohibited in the city’s zoning districts. Changes under consideration include permitting certain types of businesses “by right” – meaning they could start business without a public hearing process as long as they meet specific standards defined in the zoning code. For a drive-thru restaurant use that requires a CUP, proposed updates could clarify and streamline the permitting process, while ensuring that concerns are fully addressed. New siting, development, and performance standards may also be considered to help provide clear expectations for the planning, design, and review of new development proposals in the city. There are a wide range of changes that could be suggested, if any, both in terms of location and level of CUP review required. It is important to note that during public discussion, new options may be suggested – and these new ideas should be considered alongside those included within this staff report. Location With respect to location, land use controls may be utilized to divide a city or county into districts (zones or zoning districts) and establish what type of land uses and activities are allowed. In most cases, each land use class category is broken down into more defined categories, which includes almost any type of land use that might be proposed. For example, the portion of the code permitting commercial land use activity corresponds to Neighborhood Commercial Zone (C-1 Zone), Office Zone (O Zone), General Commercial Zone, (C-2 Zone), Commercial Tourist Zone (C-T Zone), Heavy Commercial Zone – Limited Industrial Zone (C-M Zone), and Local Shopping Center Zone (C-L Zone). Each zoning designation permits and/or regulates a different level of activity. Related to this study, options for allowing new drive-thru restaurant uses would include any of the following: (1) a continued ban to the citywide allowance of new drive-thru restaurant uses; (2) allowing new uses in one single zone such as the Local Shopping Center Zone (C-L Zone); (3) allowing new drive-thru restaurant uses to be Restaurant Address Opened Location Quad Taco Bell/KFC 745 Carlsbad Village Dr. 1974 Carlsbad Village NW Jack In the Box 901 Carlsbad Village Drive 1982 Carlsbad Village NW Carl’s Jr. 950 Carlsbad Village Drive 1975 Carlsbad Village NW Vallarta Express 2952 Harding Street 1966 Carlsbad Village NW Super Donut 2885 Roosevelt Street 1960/70s? Carlsbad Village NW McDonalds 5990 Avenida Encinas 1985 5 Frwy & P.A.R. NW In N Out 5950 Avenida Encinas 1993 5 Frwy & P.A.R. NW Taco Bell 6017 Paseo Del Node 1996 5 Frwy & P.A.R. SW Carl’s Jr. 925 Palomar Airport Road 1998 5 Frwy & P.A.R. SW Jack In the Box 7050 Avenida Encinas 1989 Poinsettia Village SW El Pollo Loco 7120 Avenida Encinas 1989 Poinsettia Village SW Carl’s Jr 2608 El Camino Real 1978 El Camino Real (N) NE Nov. 6, 2024 Item #3 3 of 23 located in any zone where restaurants are currently allowed; or (4) to the citywide allowance of new drive-thru restaurant uses. The following zones currently allow restaurant uses, by-right or with approval of CUP, and may be candidate zoning districts to allow for some sort of accessory drive-thru facilities. TABLE B – RESTAURANT PERMITTING REQUIREMENTS Additional zones such as the Village Barrio Zone and Planned Community Zones may allow for restaurant uses as described within the master and/or specific plans that regulate development and uses in that area. If the master or specific plan allows uses per the CMC for certain zones/areas, then no additional analysis for these areas is needed. If the master or specific plan provides for specific regulations on use types allowed, such as the Village and Bario Master Plan area, the appropriateness of allowing drive-thru uses within that area should be discussed during review of those specific plan documents. Conditional Use Permit Requirement The purpose of a CUP is to allow special consideration for certain uses because of their characteristics. Such uses may only be suitable in specific locations in a zone or only if such uses are designed or laid out in a particular manner on the site or are subjected to specific conditions to assure compatibility within the zone and its surroundings. If the prohibition on new drive-thru restaurant uses is reconsidered, options for the level of review and approval required to allow a new drive-thru restaurant use should also be discussed. This would range from requiring no CUP, and allowing the use in accordance with what is required for a restaurant use currently, to requiring City Council approval of a CUP (with review and a recommendation from the Planning Commission). The four options for review are listed below: 1. No Conditional Use Permit Required: This level of review would require no discretionary review to allow a drive-thru component to an existing or approved restaurant. This would require that only objective design and operational standards be developed for new drive-thru restaurant uses, which could be applied through the building permit review process. While this approach to permitting is an option, staff does not recommend this level of review as it would not allow for public input or any level of discretion on proposed new drive-thru restaurant uses. 2. Minor Conditional Use Permit Required: This level of review would be discretionary and would allow for the public to be notified of a pending decision, made by the City Planner, prior to a final decision on the proposed new drive-thru restaurant use. Minor CUPs that are approved by the City Planner do not require early notification of the project and this level of review would be less than what was required for new drive-thru restaurant uses prior to their prohibition. Zone Use Permit Required? C-1, Neighborhood Commercial No Office Yes (Minor) C-2, General Commercial No C-T, Commercial Tourist - If adjacent to residential No Yes (PC approval) C-M, Heavy Commercial Yes (Minor) C-L, Local Shopping Center No (SDP Req for Shopping Center) M, Industrial Yes (Minor) P-M, Planned Industrial Yes (Minor) Nov. 6, 2024 Item #3 4 of 23 3. Conditional Use Permit- Planning Commission: The level of review would be a discretionary review that requires approval by the Planning Commission. As with most projects that require approval by the Planning Commission, this level of review would require early notification of the project consistent with Policy 84. Any action by the Planning Commission on the use permit, approval or denial, could be appealed by the applicant or the public and be heard by the City Council. 4. Conditional Use Permit – City Council: This level of review would be a discretionary review that requires approval by the City Council, after review and recommendation by the Planning Commission. As with most projects that require approval by the City Council, this level of review would require early notification of the project consistent with Policy 84. If the city were to update commercial and/or industrial zones permitted use tables with new drive-thru restaurant uses, the level of review for new uses can vary from one zoning district to another, or if the level of review should be the same in all zoning districts. For example, the Local Shopping Center (C-L) Zone typically contain larger established shopping centers that include sizable parking lots, which may lessen concerns about the impact a drive-thru restaurant use may have, and therefore approval by the Planning Commission may be sufficient compared to the development of an empty or redeveloped lot needing CUP approved by City Council. Common Concerns with Drive-Thru Restaurants and other potential regulation options for a future ordinance Concerns about drive-thru restaurants and their potential impacts are typically the same no matter the location or level of review. These main areas of concern are as follows: • Vehicular queuing lines that spill into the public right-of-way • Blocked driveways that impact access to nearby properties • Disruption to traffic flow (both within public streets and private parking lots) • Safety of adjacent streets • Site and building design (impact of “corporate” architecture) • Air quality and greenhouse gas emissions • Noise and light pollution during the late-night hours • Number and size of signs, banners, and attention getting devices • Increased littering caused by more restaurant patrons consuming food outside • Over-concentration or proliferation of uses around tourist and high traffic areas • Relationship of drive-thrus with areas that are designated to be oriented to pedestrian or bicycle modes of transportation, such as the Village and Barrio Master Plan Area Some discussion of these concerns are provided in the Fast-Food Land Use Study completed in 1997, contained in Exhibit 1. To reduce some of the negative impacts listed above, new siting, development, and performance standards for drive-throughs may be considered. Standards for each permitted drive-thru restaurant use type, defined in the zoning code, would provide the core tool for ensuring these concerns are addressed. Some options to consider are provided below. - Explore limiting business hours of operation - Explore development standards to address the amount of space for cars to line up - Explore limiting cross-thru lane movement (intersecting pedestrian walkways) - Explore how to limit the total number of drive-thru restaurant uses along a corridor, at an intersection, or within a given shopping center - Explore establishing a separation requirement between drive-thru uses Nov. 6, 2024 Item #3 5 of 23 - Explore use limitations or development standards to buffer drive-thru restaurant uses from residential areas - Explore how to limit ingress and egress points near street intersections - Explore how to require sites with drive-thrus to meet certain design standards, such as where the drive- thru lane is located in relation to the rest of the site or how to screen drive-thru queuing - Explore development standards for enhanced building and site design - Explore on-site traffic control to limit impacts to other businesses and within the right-of-way - Explore architectural requirements when proposed in an area with existing architectural styles - Explore development standards to limit the proliferation of signage - Certain areas of the city where drive-thus would remain prohibited, such as along certain roadways in areas that could impact coastal resource access or the Village and Barrio Master Plan area. Other considerations would be how permits can be reviewed over time for impacts or how to enforce violations. Following the Nov. 6, 2024, Planning Commission meeting, city staff will further refine the menu of options based on input received and continue to solicit feedback from the community. Public Outreach & Comment This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. In addition to the legally required notice for the Planning Commission meeting, additional outreach was provided to interested parties including business groups and other stakeholders. A notice of this meeting date to discuss drive-thru regulations was provided on Oct. 23, 2024, and recipients were informed that the Planning Commission hearing would be the opportunity to provide comments and concerns related to drive-thru restaurant uses. Public comments received up to 5:00 pm on October 29 are provided as Exhibit 12. Fiscal Analysis Receipt of this report has no fiscal impact, beyond the use of staff time and resources as directed by City Council. If City Council ultimately directs staff to initiate an update to the zoning ordinance, staff will return to the Planning Commission and City Council with those proposed updates. If an amendment is initiated, staff anticipates a processing time of 8-16 months (outside the Coastal Zone) and 20-34 months (inside the Coastal Zone) at a cost of roughly $150,000 for the environmental review and $50,000 of staff time for the outreach and planning preparation of documents. Total cost is estimated to be $200,000. Environmental Review This is a discussion item only. Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Because the request involves only a preliminary discussion of whether drive-thru restaurants should be permitted, conditionally permitted, or prohibited in the city’s zoning districts (and whether the city should process an application for an amendment, and not the amendment itself), this item does not have a legally binding effect on any possible future discretionary action. In accordance with CEQA, all project requests that are defined as a “project” under CEQA are required to have an environmental assessment to determine potential environmental impact, if any, prior to taking any action or to carry out the project. The proposed amendments, if initiated, would be subject to environmental assessment to determine potential environmental impacts in accordance with CEQA at that time. Nov. 6, 2024 Item #3 6 of 23 Conclusion Staff is requesting feedback from the Planning Commission on drive-thru restaurant policies and in what areas of the city. Changes may be warranted for a variety of reasons, such as facilitating better land use planning, protecting the city’s retail trade, quality economic development, economic prosperity, etc. This staff report provides an opportunity to build study context, establish a menu of potential regulatory options, and create a framework for future public engagement. When the Planning Commission completes its review, the options will be presented to the City Council. If directed by City Council, staff would prepare draft amendments to the Zoning Ordinance (Title 21) for review and approval at a later date. Exhibits 1. Council Staff Report and Land Use Study, February 4, 1997 (on file in the Office of the City Clerk) 2. City Council Meeting Minutes, February 4, 1997 (on file in the Office of the City Clerk) 3. City Council Staff Report and Resolution of Intention (No. 97-53), February 18, 1997 (on file in the Office of the City Clerk) 4. City Council Meeting Minutes, February 18, 1997 (on file in the Office of the City Clerk) 5. City Council Staff Report and Resolution of Intention (No. 97-474), June 3, 1997 (on file in the Office of the City Clerk) 6. City Council Staff Report, December 2, 1997 (on file in the Office of the City Clerk) 7. City Council Meeting Minutes, December 2, 1997 (on file in the Office of the City Clerk) 8. City Council Ordinance No. NS-439 (on file in the Office of the City Clerk) 1. Map – All Drive-thru Restaurants 2. Carlsbad Village Drive-thru Restaurants 3. Palomar Airport Road/I-5 Area Drive-thru Restaurants 4. Public Correspondence received before 10:00 a.m., Oct. 30, 2024 Nov. 6, 2024 Item #3 7 of 23 Exhibit 1 Council Staff Report and Land Use Study dated Feb. 4, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 8 of 23 Exhibit 2 City Council Meeting Minutes dated Feb. 4, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 9 of 23 Exhibit 3 City Council Staff Report and Resolution of Intention (No. 97-53) dated Feb. 18, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 10 of 23 Exhibit 4 City Council Meeting Minutes dated Feb. 18, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 11 of 23 Exhibit 5 City Council Staff Report and Resolution of Intention (No. 97-474) dated June 3, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 12 of 23 Exhibit 6 City Council Staff Report dated Dec. 2, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 13 of 23 Exhibit 7 City Council Meeting Minutes dated Dec. 2, 1997 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 14 of 23 Exhibit 8 City Council Ordinance No. NS-439 (on file in the Office of the City Clerk) Nov. 6, 2024 Item #3 15 of 23 Exhibit 9 Nov. 6, 2024 Item #3 16 of 23 ry Park 0 ro ru Re Parcel Sites Pine Park rnia State E' 7NAS .·· USGS, NGA, NA A, Geoland, FEM and the GIS user Chase Field 8 Exhibit 10 Nov. 6, 2024 Item #3 17 of 23 Hilton Garden Inn Carlsbad Beach 1111 Drive-thru Parcel Sites PAR @ 1-5 Drive-thru Restaurants 250 Costco rnia jtat penStreetMap, Microsoft, Esri, METI/NASA, USGS, Bureau of Land Management, rces: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N n, Rijkswaterstaat, GSA, Geoland,�. lS ---· co.ty Exhibit 11 Nov. 6, 2024 Item #3 18 of 23 From:sarahnzavalani@gmail.com To:Kyle Van Leeuwen Cc:Planning Subject:Drive thru input Date:Monday, October 28, 2024 7:54:43 PM Just read about the current drive thru bans- I am from Carlsbad since 1988. Now raising my family here. I don’t want any more drive thrus! My input is that I’d like to keep the current ban as is. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Exhibit 12 Nov. 6, 2024 Item #3 19 of 23 From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Drive through Dinning Date:Tuesday, October 29, 2024 8:20:29 AM From: Mary Stanley <mfstanley@att.net> Sent: Tuesday, October 29, 2024 8:16 AM To: Planning <planning@carlsbadca.gov> Subject: RE: Drive through Dinning Subject: Consideration for Drive-Thru Restaurant Policy in Carlsbad Hello, Thank you for the opportunity to share my thoughts on this topic. With all the recent housing developments in Carlsbad, it seems reasonable to revisit the policy on drive-thru restaurants. The recent opening of Chick-fil-A, for instance, highlights some of the challenges, as it’s created an awkward and less-than-ideal experience for residents. This approach may have suited Carlsbad when we were a smaller community, but as we grow, it’s time to reconsider the "no drive-thru" policy to better serve our evolving needs. Thank you for your commitment to our community. Mary Frances Stanley CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Nov. 6, 2024 Item #3 20 of 23 From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Drive thru ban - comments Date:Tuesday, October 29, 2024 7:18:09 AM From: Nancy Gilbert <njosephinegilbert@gmail.com> Sent: Monday, October 28, 2024 7:02 PM To: Planning <planning@carlsbadca.gov> Subject: Drive thru ban - comments Dear City of Carlsbad, My comment is, having a ban on drive through restaurants is bad. Parents rely on this mode. I think drive through restaurants should be limited to high traffic areas with lots of tourists and some space. Having a drive through in the middle of the Village doesn’t make sense; having them out by Bressi Ranch, in Poinsettia area or Palomar Airport in a well-situated area does make sense. Nancy Gilbert M.A., Piano Pedagogy mobile: +1 (760) 814-0588 email: njosephinegilbert@gmail.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Nov. 6, 2024 Item #3 21 of 23 lg] From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: drive-throughs Date:Friday, October 18, 2024 8:54:06 AM From: bonniemhammer@gmail.com <bonniemhammer@gmail.com> Sent: Friday, October 18, 2024 8:18 AM To: Planning <planning@carlsbadca.gov> Subject: drive-throughs Hi, Though I’ve used drive-throughs in the past and like their convenience, I think that they should be limited to areas where the drive-through lines won’t encroach on residential neighborhoods or clog up parking lots used for multiple storefronts. Thanks, Bonnie P.S. Your email address link was missing the “d”. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Nov. 6, 2024 Item #3 22 of 23 From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Keep the fastfood ban Date:Tuesday, October 29, 2024 7:18:02 AM From: Brittany Stalica <bri2tt22@aim.com> Sent: Monday, October 28, 2024 5:53 PM To: Planning <planning@carlsbadca.gov> Subject: Keep the fastfood ban Please keep the fastfood ban! They are an eyesore, disrupt traffic, and only offer low- paying jobs. They are a source of unhealthy food that we do not need to make more tempting by being convenient! Thanks, Brittany Stalica Sent from AOL on Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Nov. 6, 2024 Item #3 23 of 23 From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Drive-thrus Date:Wednesday, November 6, 2024 12:56:00 PM From: bventinove@yahoo.com <bventinove@yahoo.com> Sent: Wednesday, November 6, 2024 11:43 AM To: Planning <planning@carlsbadca.gov> Subject: Drive-thrus To Whom It May Concern, I am 100% in favor of allowing new drive-thrus in the City of Carlsbad. The problems with parking are due to the asinine decision to allow developers in-lieu fees for required parking spaces and giving restaurants the option the use their parking as additional business space.Whether a new establishment uses space for parking or for cars to pass through has no impact on traffic, if the site is designed correctly. People who do not have the money to go to a restaurant but have limited time to eat while travelling or at work, badly need drive-thrus.Just allow them in areas that are not busy streets or throughfares and require that they implement a system for orders to be placed and paid online and that wait times are clearly and accurately provided to shoppers, so that the lines run smooth and fast.Drive-thrus could be limited to window service or be able to also offer seating depending on availability of on-site parking besides ample drive- thru lane space. Thank you for your consideration,Roberta Malaman CAUTION: Do not open attachments or click on links unless you recognize the sender and Facebook Instagram comments Carlsbad Social media comments on drive-thru regulation options C City of Carlsbad e Putished b'f l.oonfy 0 ·Octobct 2:8 ~ S:14PM·0 Howshoo1d Cailsb.3d ke~p or ch-:nge its b3n on drive-t htu restaurants? • City staff will present options to the Planning Commiss.ion and the City Council's Economic Development Subcommittee in November for i~b3d<. Tell us what you think. In person meetings at City Council Chamber • 1200 Carlsbad Village Drive -Planning Commission me:ting 0 Wedn-"'Sday, Nov. 6. 5 p.m. -Cify Coorn:il Economic °="vi::!opm~nt Subcommittee 0 n.tesday. Nov. 19, 10 a.m. • Email comments in a-dva.nce to pl3nn.ing@carlsbadca.gov l e1rn abou:; the options: https://loomJy/1bSNFfO Carlsbad Economic Development Ryan Taylor Would've nice to think about before chik fil a was put directly next to the in and out in a stroke of absolute genius 1w Like Reply Hide Diana Ricker Ryan Taylor Jg2 6d Like Reply Send message Hide s_fiust How can In n Out have a drive thru in the sam e parking Q lot as Chick Fil A but Chick Fil A wasn't approved for one? We drive Oceanside or San Marcos for drive thru options since there aren't many options in Carlsbad. 1 w 13 likes Reply r Hide rep I ies jsw92009 @s_fiust As I understand it the number of drive tlhroughs is capped, but existirig ones. were grandfathered, ln-n-Out must have had or bought an existing one. lw Reply carlsbadcagov O @s_fiust Thanks for your question. ln-N-Out is one of the origina l 12 drive-thrus that were already in place before the ban on new drive- thru restaurants took effect in 1998. Chick-lFil-A came after the ban. City Council passed the ban following the development of several major projects in the 1990s, including LEGOLAND California, Costco (Carlsbad's first "big box" store), and what iis today known as Carlsbad Premium Outlets, to address resident concerns about traffic congestion and protecting Carlsbad's community charact er and quality of life. 1 w 1 like Reply mrs,weigand We need drive thrus for the people t hat have kids!!! It's so much easier for the MOMS lw 23 likes Reply Hide rep lies steph_huey @mrs.weiga nd yes!! lw Reply kylieshellstrom Drive thru restaurants aren't the problem, building up t he village with big condo complexes are!!!! Please stop building! lw 14 likes Reply F Hide replie4 aleen, val @kylieshellstrom Genuinely curious, why are condos bad? I don't know too much about this and would like to learn this perspective lw Reply lindzaddae Drive thru coffee • lw 2 likes Reply heidimarie_sd But Carlsbad does have drive through restaurants. ~ lw 3 likes Reply bonner.ellie We don't use drive throughs, bu1 a lot of people Q like them and want them. I know some that w ere disappointed when Chic-Fil-A opened without one. lw 5 likes Reply fletchandsus DON'T YOU HAVE MORE IMPORTANT THINGS TO BE VOTING ON?(!;:) 1 w 1 like Reply wildblueberrydreams Allow drive thru -ban high buildings at Q the village. l w 5 likes Reply tylerjreese Not allowing drive-thrus has forced businesses to Q become more mobile-user fri endly which in turn marginalizes an entire group of people who may not be privy to technology. l et's get rid of t his 30 year-old ban on Drive-Thrus that wi ll help to drive more tax-revenue to a city with a glooming, depleted budget in a couple of years. There is still a way to do this while honoring and preserving the beauty that is Carlsbad l w 1 like Reply mrsstephaniegriffin Chick fil A has no drive through ... buuuuut everyone sits in their car and idles. It seems like a silly attempt at environmentalism. l w 11 likes Reply dougsellssocal I find that I can get out of the car go inside, order walk out, get in my car faster than sitting in the drive- through running my engine, burning gas .. but that's j ust me 1w RPnlv Nextdoor comments ajvpartyof3 Keep them banned. Sleepy little town is starting to 0 turn into a LA neighborhood. Sd Reply christinemicha Let me get this straight. You allow illegals to land in boats on our beaches but we can't have drive thrus? 1 w 15 likes Reply F View replies (11 sdp408 @christinemicha go cry some more. Whatsboutism much? lw Reply christinemicha Just a reality check and if you don't like it we know why. #truthhurts lw Reply sdp408 @christinemicha why? lw Reply dohobro The highest level of dip shittery @ Christina M. • Rancho la Cost.a North • 1w When I had my son 5 years a-go, and was on disability, I wondered why there were no drive thrus! They are -great for parents driving around sleeping babies or parents with no energy, or even just people with disabilities! I'd drive to San Marcos for inn out, but with their line, could take me an hour total, so I've always wished there was something closer! like Reply Sha.-. w s 0 Brenda B. • Poinsettia • 1w was the in n out in Carlsbad off the 5 not there 5 years ago? Like Repfy Share • 2 @ Christina M. • Rancho La Costa North • lw • Edited Brenda I'm not sure, honestly. I only found it recently. I five in between the two, and I must be closer to the one in San Marcos since that's the one navigation sent me to. But I would really love a healthier drive thru closer! Like if Sweet Greens had a drive through or poke or som ething! Like Repfy Share • 2 • Ryan J. • Navarra • lw Brenda Been there since 194& When I was going to high s.chool lMng in Terra mar over 20 years ago my dad and his girlfriend would s.end us down there a couple times a week to pick up munchie's.1948 "ln-N-Out Burger Restaurant located in Carlsbad, CA. Serving the highest quality burgers, fries and shakes since 1948. Reference: Carlsbad, CA, 5950 Avenida Encinas. -ln-N-Out Burger" Like Reply Sha.-. C:) David 8. • la Costa Valley • 1w We need a Raising Canes in the worst way and they won't come without a drive in. Make it happen!!! like Reply Sha.-. @ Christina M. • Rancho la Costa North • lw David my daughter would also be stoked about this! Like Repfy Share 0 Sandra E. •Village. 1w Most appreciative for links:+ like Reply Share 0 Heidi R. • Rancho La Costa Central • 1w Do we really need more fast food places? No. Keeping Carlsbad less commercialized keeps it beautiful. like Reply Sha.-. e Diane L • Tamarack Point • 1w Heidi It's already commercialized. A few drive thrus for convenience won't des.troy the city. I'd rather see a few drive thrus than Miami Beach style ugliness of pack n stacks in the Village, which is seemingly allowed thanks to the draconian state of CA. Like Reply Share • Ryan J. • Navarra • lw Diane You got that right! Like Reply Sha.-. • Melissa S .• Rancho La Costa South . 1w Does the new Chk:-fil-A not have a drive through? like Reply Share • Jason M. • Rancho Carrillo • 1w Melissa I like how you spelled it right! Like Reply Sha.-. • Anna V. • Village • 1w Melissa no it does not have a drive-thru, same with the starbuck-s that is on tamarack by the freeway that opened not s.o long ago Like Reply Sha.-. fl\ Michelle A .• San Pacifico • 6d Melissa no! It's a joke Like Reply Sha.-. • 1 Like Keply Share -., Annie G. • San Padfico .. 1w Drive throughs are convenient for seniors, families who have kiddos and babies, disab ed, and when raining, eliminates slips/falls. Parl:ing lot conges ·on is also reduced, as is sick people indoors coughing everywhere. Fast food isn't fast when you have to park your car. like Share Caria K_ • Stagecoach Park • 6d Annie One hundred percent agree with you. No hing better than driving around with a car full of hungry kids in car seats. Of course one of them finally fell asleep. Like Reply Sliare G Lucas K. • Rancho La Costa Central, 1w I'd imagine that drive-thrus increase pollution from idling cars. like Reply Share 0 Brian D., Bressi Ranch• 1w Lucas no from idling EVs and hybrids. :) like Reply Sliare -Ryan J. •Navarra• 6d Lucas turn the GD car off then. Feeble. Like Reply Share -Ryan J. • Navarra • 6d Brian Thanks for the info much appreciated. Like Reply Share Merilee A.• a Costa Valley■ 1w 'Bring back the drive thrus ! They help people in many difficult situations Like Reply Share Michelle A. • San Pacifico• 6d Please allow! Get over ourselves! like Reply Share Steve L • Olde Cartsba<f • 6d You ban these, but allow so many o her bad projects. You only want place5 you have to go into, but yet there is still no parking adc!ed. And taking away the Plaza and all he businesses to add more condos/apartments.-just doesn't make sense to me_ Like Reply Share •11 e Mellissa S. •Poinsettia• 3d ridiculous -ln-n-Out wouldn't provide nearly he revenue without a drive thru. Can't believe Chic-fil-A doesn't have one because Carlsbad is weird. Like Reply Share ♦ 1 • ti .. , From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Drive throughs Date:Monday, November 4, 2024 6:50:18 AM From: Gregg Ferry <gregg@greggferry.com> Sent: Friday, November 1, 2024 4:47 PM To: Planning <planning@carlsbadca.gov> Subject: Drive throughs Honorable Sirs and Madams, I have to question why this was brought up at all. What has changed since the decision was made in 1997? The population increased by 40,000 people, an increase of 40%! Locally owned food establishments have dwindled. Ask these questions: What public benefit is derived from drive-thru/s? Service is quicker (maybe), tax revenue for the city. What is the downside? idling ICE vehicles, enabling obesity, sloth and other health risks, increased litter, perpetuating an anti-social environment, doesn't promote climate change mitigation. Well, if infinite wisdom the city council thinks they're a good idea, I guess there's nothing I can do about it, is there? I would be foolish to believe that my representative on the council would listen to any constituent that has an opinion different than hers. -- Gregg Ferry 3344 Appian Rd Carlsbad CA 92010 (805) 743-3779 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Drive-Thru Restaurant Restrictions Date:Monday, November 4, 2024 6:50:39 AM -----Original Message----- From: Gina Armbrust <fiveinhive@gmail.com> Sent: Friday, November 1, 2024 5:27 PM To: Planning <planning@carlsbadca.gov> Subject: Drive-Thru Restaurant Restrictions Hello, Thank you for revisiting the city’s ban on drive-thru restaurants. Drive-thrus are especially a very convenient way for parents with young children to get a quick dinner for their family. If you are a parent with two or three kids in carseats, you have to park your car, take them all out of their carseats and walk into a restaurant just to pick up dinner. Consider the working parents who may be picking up their kids from day care at the end of the day. I personally do not have any small children living at home any longer, but I am thinking about all the young parents in our City. Of course, we need to consider whether the drive-thru is feasible in any given area with traffic, parking, etc. Thank you for the opportunity to address this issue. Gina Armbrust CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Revisiting drive-thru rules in Carlsbad Date:Monday, November 4, 2024 6:51:41 AM From: Aaron Williams <aaronswilliams@gmail.com> Sent: Sunday, November 3, 2024 6:48 PM To: Planning <planning@carlsbadca.gov> Subject: Re: Revisiting drive-thru rules in Carlsbad How was Chick-fil-A developed if there has been a ban on drive thru restaurants? Sent from my iPhone On Nov 1, 2024, at 3:30 PM, City of Carlsbad <planning@carlsbadca.gov> wrote:  Planning Commission to consider options 11/6 Checking in on Carlsbad's drive-thru rules Following the development of several major projects in the 1990s, includingLEGOLAND California, Costco (Carlsbad’s first “big box” store), and what istoday known as Carlsbad Premium Outlets, residents became increasinglyconcerned about protecting Carlsbad’s community character and quality of life. To address those concerns, as well as worries about traffic congestion, traffic safety and community aesthetics, in 1997 the City Council directed staff to study options for potentially regulating drive-thru restaurants. · The City Council ultimately passed a ban on new drive-thru restaurants. · As a result, today Carlsbad has just the original 12 drive-thrus that were already in place when the ban took effect. · We originally had 13, but one closed, and that property was redeveloped. Given the amount of time that has passed and renewed interest in the issue, inMay 2024, the City Council asked staff to develop options for potential changesto city regulation of drive-thru establishments. Considering options Since it’s been a while since we looked at this issue, staff started by reviewinghow other cities are handling drive-thrus. Here are some of the more commonregulations and requirements: · Prohibiting or limiting drive-thrus in certain parts of a city, such as a historic downtown area · Requiring certain architectural treatments, sign standards and landscaping to protect community aesthetics · Limiting hours, such as prohibiting 24-hour drive-thrus · Requiring a public hearing to approve new drive-thrus (a conditional use permit) · Requiring a traffic study or restricting drive-thrus based on how they would affect local traffic patterns · Requiring sites with drive-thrus to meet certain design standards, such as where the drive-thru lane is located in relation to the rest of the site orrequiring a minimum amount of space for cars to line up What do you think about drive-thrus? As a preliminary step, city staff will present options to the Planning Commission and the City Council’s Economic Development Subcommittee for feedback. These public meetings will also be an opportunity for you to learn about the options and provide input. Both meetings will be held in the City CouncilChamber at 1200 Carlsbad Village Drive. Planning Commission meeting Wednesday, Nov. 6, 5 p.m. View the agenda and staff report City Council Economic Development Subcommittee Tuesday, Nov. 19, 10 a.m. · You are welcome to attend and provide comments in person or watch the livestream. You can also email your comments in advance to planning@carlsbadca.gov. Next steps · After gathering input on the options, city staff will present them to the City Council, which will make the final decision about how to proceed. · If the City Council directs staff to develop an updated ordinance, staff will seek input from the community and interested businesses on the proposed ordinance. Learn more Visit the website City of Carlsbad | 1200 Carlsbad Village Drive | Carlsbad, CA 92008 US Unsubscribe | Update Profile | Constant Contact Data Notice CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Ii] From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Revisiting drive-thru rules in Carlsbad Date:Monday, November 4, 2024 6:51:02 AM From: Julia Jones <jonesjj02@gmail.com> Sent: Sunday, November 3, 2024 1:44 PM To: Planning <planning@carlsbadca.gov> Subject: Re: Revisiting drive-thru rules in Carlsbad Hello!Is there something I'm missing?The only water fountains that work in the whole of Alga Norte park are the ones in the dog park (apart from the one that the general public don't have access to outside one if the community rooms).Julia Jones On Fri, Nov 1, 2024, 3:30 PM City of Carlsbad <planning@carlsbadca.gov> wrote: Planning Commission to consider options 11/6 Checking in on Carlsbad's drive-thru rules Following the development of several major projects in the 1990s, including LEGOLAND California, Costco (Carlsbad’s first “big box” store), and what istoday known as Carlsbad Premium Outlets, residents became increasingly concerned about protecting Carlsbad’s community character and quality of life. To address those concerns, as well as worries about traffic congestion, trafficsafety and community aesthetics, in 1997 the City Council directed staff to study options for potentially regulating drive-thru restaurants. The City Council ultimately passed a ban on new drive-thru restaurants. As a result, today Carlsbad has just the original 12 drive-thrus that were already in place when the ban took effect. We originally had 13, but one closed, and that property was redeveloped. • • • Iii Given the amount of time that has passed and renewed interest in the issue, in May 2024, the City Council asked staff to develop options for potential changes to city regulation of drive-thru establishments. Considering options Since it’s been a while since we looked at this issue, staff started by reviewinghow other cities are handling drive-thrus. Here are some of the more common regulations and requirements: Prohibiting or limiting drive-thrus in certain parts of a city, such as a historic downtown area Requiring certain architectural treatments, sign standards and landscaping to protect community aesthetics Limiting hours, such as prohibiting 24-hour drive-thrus Requiring a public hearing to approve new drive-thrus (a conditional use permit) Requiring a traffic study or restricting drive-thrus based on how they would affect local traffic patterns Requiring sites with drive-thrus to meet certain design standards, such as where the drive-thru lane is located in relation to the rest of the site or requiring a minimum amount of space for cars to line up What do you think about drive-thrus? As a preliminary step, city staff will present options to the Planning Commission and the City Council’s Economic Development Subcommittee for feedback. These public meetings will also be an opportunity for you to learn about theoptions and provide input. Both meetings will be held in the City Council Chamber at 1200 Carlsbad Village Drive. Planning Commission meeting Wednesday, Nov. 6, 5 p.m.View the agenda and staff report City Council Economic Development Subcommittee Tuesday, Nov. 19, 10 a.m. You are welcome to attend and provide comments in person or watch the livestream. You can also email your comments in advance to planning@carlsbadca.gov. Next steps After gathering input on the options, city staff will present them to the City Council, which will make the final decision about how to proceed. If the City Council directs staff to develop an updated ordinance, staff will seek input from the community and interested businesses on the • • • • • • • • • proposed ordinance. Learn more Visit the website City of Carlsbad | 1200 Carlsbad Village Drive | Carlsbad, CA 92008 US Unsubscribe | Update Profile | Constant Contact Data Notice CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Drive Thru Restaurants Permitting & Management Date:Monday, November 4, 2024 4:11:20 PM From: Bill OConnell <billfed@aol.com> Sent: Monday, November 4, 2024 4:01 PM To: Planning <planning@carlsbadca.gov> Subject: Drive Thru Restaurants Permitting & Management  Pursuant to the informational brief emailed out recently I offer a few feedback points I think most Carlsbad Residents would agree with the standrads as published and listed below. · Prohibiting or limiting drive-thrus in certain parts of a city, such as a historic downtown area · Requiring certain architectural treatments, sign standards and landscaping to protect community aesthetics · Limiting hours, such as prohibiting 24-hour drive-thrus · Requiring a public hearing to approve new drive-thrus (a conditional use permit) · Requiring a traffic study or restricting drive-thrus based on how they would affect local traffic patterns · Requiring sites with drive-thrus to meet certain design standards, such as where the drive-thru lane is located in relation to the rest of the site or requiring a minimum amount of space for cars to line up Drive thru opportunities can be a valuable asset to the community especially whenreplacing decades old & commercially defunct legacy sites that have been grandfathered into the Carlsbad community fabric! Renovation and innovation should be a major requirement as resident consumerutilization in the modern everyday city of Carlsbad. Typical fast food locations have distinct advantage over modern franchised & corporately operated outlets. So agreed the City Council needs to review and modifyhistorical & prospective sites in the city. Needed are variety, consumer choices and flexibility for residents and families who at times need to utilize the more viable, successful and robust community supporting locations. Council should revisit their mandates in an innovative manner! My resident feedback ! Bill O’Connell billfed@aol.com (760) 942-1081 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: drive thru Date:Tuesday, November 5, 2024 1:15:33 PM From: B Plante <b_plante@hotmail.com> Sent: Tuesday, November 5, 2024 11:15 AM To: Planning <planning@carlsbadca.gov> Subject: drive thru no Disclaimer: Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax-related penalties. If desired, I would be pleased to perform the requisite research and provide you with a detailed written analysis. Such an engagement may be the subject of a separate engagement letter that would define the scope and limits of the desired consultation services. Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail to b_plante@hotmail.com and purge the communication immediately. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Carlsbad Drive-thru Date:Tuesday, November 5, 2024 7:03:14 AM From: Manager <info@babacoffee.com> Sent: Tuesday, November 5, 2024 6:27 AM To: Planning <planning@carlsbadca.gov> Subject: Carlsbad Drive-thru To Whom it may concern, As business owners with the type of business which thrives via drive-thru, we support any effort to include drive-thru locations. To give an example of how a drive-thru shop vs sit-down only compares financially; a drive-thru/sit-down will produce twice the revenue of sit-down only. That is huge to a business like ours where customers prefer to order via their car. Thank you for re-considering drive-thru options in Carlsbad, ReeganLessie and Robert Pastor -- Respectfully, Manager Baba Coffee 2727 State Street Carlsbad CA 92008 (760) 994-0666 info@babacoffee.com Privacy and Confidentiality Notice: This e-mail is confidential and intended solely for the person(s) or organization(s) that it isaddressed to. It does contain privileged and confidential information and if you are not theintended recipient, you must not copy, distribute or take any action with this e-mail. If youhave received this e-mail in error, please notify Baba Coffee immediately and delete the e-mail and any attached files from your computer. Thank you. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Cynthia Vigeland Subject:FW: TRC Public Comment - Drive Thru Ordinance Date:Tuesday, November 5, 2024 10:34:28 AM Attachments:image001.png TRC Comment Letter_Carlsbad PC_Drive Thru Ordinance_11062024.pdf From: Byron de Arakal <byron@trcretail.com> Sent: Tuesday, November 5, 2024 10:34 AM To: Planning <planning@carlsbadca.gov> Cc: Kyle Van Leeuwen <Kyle.VanLeeuwen@carlsbadca.gov>; Eric Lardy <Eric.Lardy@carlsbadca.gov> Subject: TRC Public Comment - Drive Thru Ordinance Good morning – TRC is submitting the attached letter for the Carlsbad Planning Commission’s consideration as part of Item 3 on the Commission’s 11/6/24 Meeting Agenda re: Information Report & Discussion of the City’s Drive-Thru Restaurant Restrictions. Thank you. Byron de Arakal BYRON DE ARAKAL Consulting Director Entitlement Planning and Special Projects 4695 MacArthur Court | Suite 700 Newport Beach, CA. 92660 M 714.227.4620 Byron@TRCRetail.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 4695 MacArthur Court Suite 700 Newport Beach, CA 92660 P 949.662.2100 www.trcretail.com 4 November 2024 CARLSBAD PLANNING COMMISSION City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA. 92008 RE: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Dear Chair Kamenjarin, Vice Chair Meenes and Honorable Commissioners: TRC is owner and operator of the La Costa Town Square shopping center, one of more than 30 regional and neighborhood retail centers we own and manage throughout California. As La Costa Town Square represents our flagship center in San Diego County, we are encouraged by the City Council's initiative to revisit Carlsbad's existing municipal code prohibiting new drive-through restaurant uses. Thank you for the opportunity to share our perspective with you on this important issue. TRC respectfully requests the Planning Commission recommend lifting the 26-year-old prohibition in favor of a new land-use policy that allows for drive-through restaurants as conditionally permitted uses. We do so for three important reasons. Adopted in a different time for a different era Adopted in 1998, Carlsbad's drive-through restaurant ban - CMC 21.42.140(50)- sought to prevent "commercial development like that found around Disneyland (particularly drive-thru restaurants)" at a time when a major new entertainment use was being welcomed to the City. But rather than narrowly tailor a restriction to the major transportation corridors immediately adjacent to the new amusement park, the prohibition was adopted citywide. The ordinance has essentially shut out a powerful economic engine that generates significant sales tax revenues for jurisdictions where they are allowed. Today, the fast casual/quick serve restaurant (QSR) industry has fundamentally changed and continues to evolve: •During the pandemic (2019 -2022) drive-through restaurant traffic rose 3 0 percent. The trend hassurvived the pandemic. Drive-through traffic now accounts for two-thirds of all fast casual/QSRpurchases while in-store dining has fallen by nearly 50 percent. Source: Restaurant News •Nearly half ( 4 7%) of consumers won't even consider :frequenting a fast casual restaurant, bank,drug store or other retail establishments unless it sports a drive-thru, according to a survey byOnePoll. The most-cited reasons were faster service (mentioned by 61 % ofrespondents), thecomfort of staying in their cars ( 61 % ) and avoiding long lines ( 52% ). And among those whoprefer the drive-thru, one-third of them (32%) say they will "always" choose that option when it'savailable. Source: Restaurant News Everyday Destinations. Extraordinary Locations. 1B -RETAIL CARLSBAD PLANNING COMMISSION Page two •As drive-through sales increase while indoor dining decreases, the major fast casual/QSR brandsare reducing or eliminating indoor dining space in favor of faster, more efficient, higher volumedrive-through and pick-up only facilities. Chick-fil-A, Raising Cane's, Taco Bell, Del Taco andMcDonald's have all announced plans to reduce or eliminate indoor dining space in their newrestaurants. Sources: Restaurant News; QSR Magazine Our experience informs us that the continued prohibition of drive-through restaurants in Carlsbad may well discourage national chains from permitting/developing any new fast casual/QSR restaurants in the City as they reduce or abandon less profitable indoor dining-only restaurants. Cumulative Unrealized Sales Tax Revenues As national fast casual/QSR brands introduce new technology and greater efficiencies into their drive­through operations, annual per-store sales volumes are reaching all-time highs and are delivering significant sales tax revenues to local jurisdictions where they are permitted. Class A fast casual/QSR brands, for instance, are achieving average annual per-store sales of between $8.5 million and $10 million, representing $85,000 to $100,000 in annual local sales tax revenue per restaurant. In that context, it's not an unreasonable estimate that more than $10 million in sales tax revenue have gone unrealized over the 26 years the current ordinance has been in place. Absent a new land-use policy allowing drive-through restaurants as conditionally permitted uses, cumulative unrealized sales tax revenue from even a small number of new stores will continue. Survey: Carlsbad Residents Favor Allowing New Drive-Through Restaurants In 2022, TRC commissioned a survey of300 randomly selected registered voters residing in Carlsbad to measure 1) their awareness of the Carlsbad ordinance prohibiting coffee shops and restaurants with drive­throughs, and 2) their support or opposition to changing the ordinance to allow for drive-throughs, and 3) the strength of their support or opposition when presented with more information. The survey found that 9 out of 10 Carlsbad residents are unaware of the City's drive-through prohibition, more than 6 out of 10 residents support changing the law, and that up to 5 in IO residents are more likely to support changing the law when presented with more information. •Question I: Prior to this survey, were you aware that Carlsbad has a law that prohibits businesseslike coffee shops and restaurants from operating drive-through windows to allow customers topurchase items without leaving their cars? o No, not aware -91 %o Yes, aware - 8%o Unsure-1% •Question 2: Generally speaking, do you support or oppose changing the law, so that coffee shopsand restaurants can operate drive-through windows, if they get proper zoning approval from theCity? o Support -64%o Oppose -23%o Unsure -13% CARLSBAD PLANNING CO:M:MISSION Page three • Question 3: Would you be more or less likely to support changing the law to allow drive-through windows if you heard that: o Cars using the drive-throughs would enter and exit through a service road within the shopping center complex, so it would not affect the traffic on adjacent streets? ■ More likely to support -52% ■ Less likely to support -11 % ■ No difference -34% o Drive-through restaurants can provide faster service, so customers do not have to spend as much time waiting for their orders? ■ More likely to support -43% ■ Less likely to support-12% ■ No difference-42% o The law prohibiting drive-throughs was made over 25 years ago, and is an antiquated regulation that does not reflect the needs and time concerns of today's customers? ■ More likely to support -42% ■ Less likely to support -16% ■ No difference -39% Replacing the blanket prohibition of new drive-through restaurants with a formal discretionary review process, CEQA examination, and important public input preserves the City's ability to thoroughly vet drive-restaurant applications on a case-by-case basis while achieving significant new economic benefit and substantial new revenues streams going forward. We hope you agree. yrori de Arakal Consulting Director Entitlement Planning and Special Projects From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Comment on: CT 2023-0005/PUD 2023-0007/CDP 2023-0058 - JUNIPER COAST HOMES Date:Tuesday, November 5, 2024 10:46:09 AM From: Carey Fox <careygfox@gmail.com> Sent: Tuesday, November 5, 2024 10:43 AM To: Planning <planning@carlsbadca.gov> Subject: Comment on: CT 2023-0005/PUD 2023-0007/CDP 2023-0058 - JUNIPER COAST HOMES Hi - I am a resident at 318 Juniper Ave. My family owns our property and have owned it for nearly 30 years. I live there with my husband and our two young children. We love the coastal Carlsbad community near the village. It has been sad to see how much new modern developments have changed the landscape of the area and how much of our community is for short term renters vs. people who live, work, attend school, and are really a part of where we live. It is disheartening to see that developments continue to get approved that are not only unpleasant in the amount of space they take up but also in their purpose. The constant addition of housing that is in no way accessible for the majority of people and is often used as income properties to short term renters is hurting our neighborhoods. Rincon's expectation to put in one very low priced affordable unit and then the rest of the inflated units in no way helps the housing crisis the majority of people are facing. A responsible project would prioritize many affordable units and housing opportunities for more economically diverse needs. I have said this in previous emails but the plans for the property at 270 Juniper will cut out the sun and sky from my home and all the other West facing units in my development. It is very upsetting that Carslabd is not concerned with protecting my neighbors and my living environment. Imagine all of your windows that have been open to air flow and sunshine being suddenly blocked by a massive structure. Where is our compensation for losing something vital to our everyday lives? I believe it will also reduce the value of all of our properties to be next door to a massive build. Juniper Ave. is basically a one way street as it is. If you have spent any time on that street at nearly any time of day you know that you have to pull off to the side to let other cars pass. The addition of so many units and new cars will be a huge mess making it difficult everytime we come and go - which for someone like me who is juggling two different schools and kid's activities multiple times a day. The flow of traffic will be disastrous. Rincon have proved to be bad actors. Their last project on Juniper Ave. led to a lot of garbage on our streets during the building process. Their employees and contractors take up space, are loud, and not respectful of our street. Rincon is not respectful of the rules and procedures- we saw over the summer when they began moving trucks and land on that property when they were not supposed to be there. I personally called and complained and appreciated that the city took swift action to rectify the situation. I believe Rincon knew they did not have the permits and were not supposed to be doing that work and did it anyway. That is disrespectful of the city and of our community. I believe many of these 21 units will be purchased and used for short term rentals. This is a growing problem. We have issues with traffic, noise, increased garbage from people who come here for short periods of time and have no allegiance to our communities or the safety of our children. I will forever be angry that the city didn't see this land as an opportunity to expand our greenspaces and community gardens. Our closest park is Pine Ave park - which is still necessary for my family to cross the train tracks to access. Our closest dog park is across El Camino Real. This space could have been used as a community space if you had made efforts to secure the land and allow for something beautiful and connecting to exist - but instead a few people are going to make a lot of money. I could not be more disappointed. Sincerely, Carey Fox CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: Maintain the Ban on Drive-thru Restaurants Date:Tuesday, November 5, 2024 9:12:39 AM Attachments:Carlsbad Drive Thrus.docx.pdf From: JP Bruner <jbruner@sandiego.surfrider.org> Sent: Tuesday, November 5, 2024 8:21 AM To: Planning <planning@carlsbadca.gov> Cc: Mitch Silverstein <msilverstein@sandiego.surfrider.org> Subject: Maintain the Ban on Drive-thru Restaurants To Carlsbad Planning Commission, Please see attached for Surfrider San Diego's comment on drive-thrus in Carlsbad. Thank you, -- JP Bruner Executive Committee The Surfrider Foundation San Diego County Chapter| he/him/his jbruner@sandiego.surfrider.org Support the mission, become a Surfrider member today! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. November 5, 2024 Delivered via email To: Carlsbad Planning Commission Re: Maintain the Ban on Drive-thru Restaurants The Surfrider Foundation is a nonprofit grassroots organization dedicated to the protection and enjoyment of our world’s ocean, waves, and beaches, for all people, through a powerful network. Climate change is one of, if not the greatest, threats to the ocean today and we must do all we can to avoid the worst potential consequences. That means, where possible, no matter how big or small, we must continue to push for new and maintain current policies that reduce the use of fossil fuels. While acknowledging that drive-thru restaurants are likely not a major contributor to climate change, they are indeed still a factor that should be considered as a source of greenhouse gas emissions and air pollution. Automobile transportation accounts for 51% of Carlsbad’s greenhouse gas emissions according to the City’s Draft Climate Action Plan Update, making it the single largest contributor to climate change locally by a wide margin. Drive-thrus are absolutely not an essential economic driver that warrant special consideration to be preserved. For these reasons, we ask that you maintain the ban on new drive-thrus in Carlsbad. Sincerely, JP Bruner Executive Committee Member San Diego County Chapter, Surfrider Foundation Phone: 858.800.2282 | info@surfridersd.org |surfridersd.org 3295 Meade Ave., Suite 221, San Diego, CA 92116 ~ SURFRIDER a FOUNDATION !!!lliii!!/li i# SAN DIEGO COUNTY jbruner@sandiego.surfrider.org Mitch Silverstein San Diego County Policy Manager Surfrider Foundation msilverstein@sandiego.surfrider.org Phone: 858.800.2282 | info@surfridersd.org |surfridersd.org 3295 Meade Ave., Suite 221, San Diego, CA 92116 ~ SURFRIDER a FOUNDATION !!!lliii!!/li i# SAN DIEGO COUNTY From:Planning To:Kyle Van Leeuwen Cc:Cynthia Vigeland Subject:FW: drive through restaurants Date:Tuesday, November 5, 2024 9:11:15 AM From: Shirley Nestico <shirleynestico@gmail.com> Sent: Tuesday, November 5, 2024 8:51 AM To: Planning <planning@carlsbadca.gov> Subject: drive through restaurants Well, I can say, the area where IN and OUT is located near Palomar off ramp, is a total mess with Chick fil A going in next door!! Who approved that? Shirley Nestico CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Kyle Van Leeuwen Associate Planner November 6, 2024 Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad Recommended Action ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion 2 Receive a presentation on potential options for regulating drive-thru restaurants. C cityof Carlsbad TODAY’S PRESENTATION •History of Existing Prohibition •Existing Drive-Thru Restaurants •Regulation Options •Public Outreach & Comment •Next Steps ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion History of Prohibition •1996 - Proliferation Concerns Raised •Feb. 1997 - Land Use Study Presented - Staff Directed to Draft Code Changes •June 1997 - Staff Directed to Draft Prohibition •Dec. 1997 - PC Recommendation was Considered - Staff Directed to Draft Prohibition •Jan. 1998 - Prohibition adopted by City Council C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion History – Council Direction •May 21, 2024 Council directed staff to develop options for regulation of drive-thru restaurants. Planning Commission providing initial recommendations. C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Existing Drive-Thrus •11 of 12 locations identified in 1997 land use study still in operation •One additional location approved in 1997 still operating •12 total drive-thru locations –5 in the Village –4 near Palomar Airport Rd. and 5 Freeway C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Village Locations Edllblt9 arlsbad Drive-thru Restaurants \ ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion P.A.R & I5 Locations @ Carlsbad Drive-thru R.estaurants Emlb/t9 " \ • ,. ., t \ \ \ "'•'*" ..... \ " . .. . ... \ l \ • ... ... ...... ...... ...... ...... ...... ...... Conditional Use Permit Requirement •No CUP (By Right) •Minor CUP (Administrative) •CUP - Planning Commission* •CUP – City Council* *Enhanced Outreach Required ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Location (Zoning) •C-L Local Shopping Center Zone •C-2 General Commercial Zone •C-T Commercial Tourist Zone •C-M Heavy Commercial Zone •O Office Zone •M Industrial •P-M Planned Industrial C cityof Carlsbad Common Concerns •Vehicular Impacts (queuing lines, increased traffic, etc.) •Site and building design ( “corporate” architecture & signage) •Air quality and greenhouse gas emissions •Noise and light pollution during the late-night hours •Increased littering •Over-concentration or proliferation (tourist/high traffic areas) ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad Possible Standards •Limits on Hours •Car line-up distances/location •Limits/minimum separation in area or shopping center •Minimum separation from residential •Development standards for design/architecture/signage ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad Public Outreach and Comment •Communication and Engagement Dept. •City Webpage •Social Media •Emailed Newsletter •Targeted Emails ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad Next Steps •Economic Development Subcommittee •City Council Discussion Item in early 2025 •If City Council directs staff to draft code changes –Planning Commission review/recommendation –Council Action/Adoption ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion C cityof Carlsbad Recommended Action ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion 15 Receive a presentation on potential options for regulating drive-thru restaurants. C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Restaurant Address ZONE Opened Location Entitlement Taco Bell/KFC 745 Carlsbad Village Dr.VB 1974 Carlsbad Village Jack In the Box 901 Carlsbad Village Drive VB 1982 Carlsbad Village CUP Carl’s Jr.950 Carlsbad Village Drive VB 1975 Carlsbad Village Vallarta Express 2952 Harding Street VB 1966 Carlsbad Village Super Donut 2885 Roosevelt Street VB 1960/70s?Carlsbad Village McDonalds 5990 Avenida Encinas C-T-Q (Visitor) 1985 5 Frwy & P.A.R.CUP In N Out 5950 Avenida Encinas C-T-Q (Visitor) 1993 5 Frwy & P.A.R.CUP Taco Bell 6017 Paseo Del Node C-T-Q (Visitor) 1996 5 Frwy & P.A.R.CUP Carl’s Jr.925 Palomar Airport Road C-T-Q (Visitor) 1998 5 Frwy & P.A.R.CUP Jack In the Box 7050 Avenida Encinas C-L (Visitor) 1989 Poinsettia Village SDP El Pollo Loco 7120 Avenida Encinas C-L (Visitor) 1989 Poinsettia Village SDP Carl’s Jr 2608 El Camino Real C-L 1978 El Camino Real (N)C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion •Local Shopping Center Zone (C-L Zone) –Centers that include grocery stores –3 existing drive-thrus in C-L Zone •General Commercial Zone (C-2 Zone) –Regional Businesses (Malls & Lowes) –Single lot business (Restaurants, Gas Stations) C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion •Commercial Tourist Zone (C-T Zone) –Mainly Located near the coast –Hotels, Restaurants, Gas Stations –All 4 Drive-Thrus near PAR & 1-5 •Heavy Commercial Zone (C-M Zone) –C-M is only located north Palomar Airport C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion •Heavy Commercial Zone (C-M Zone) –C-M is only located north of Palomar Airport C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion •Planned Industrial (P-M Zone) –Industrial & manufacturing use primary south and east of airport. –Restaurant use require CUP C cityof Carlsbad ITEM 3: Drive-Thru Restaurant Restrictions - Informational Report & Discussion Location (Zoning) •Local Shopping Center Zone (C-L Zone) •General Commercial Zone, (C-2 Zone) •Commercial Tourist Zone (C-T Zone) •Heavy Commercial Zone (C-M Zone) •Office Zone (O Zone) •Industrial (M) •Planned Industrial (P-M)C cityof Carlsbad