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Home My WebLink AboutLCPA 97-01; Drive-Thru Restaurant Prohibition; Local Coastal Program Amendment (LCPA), - h ‘me City of CARLSBAD Planning Department A REPORT TO THE DESIGN REVIEW BOARD AND THE PLANNING COMMISSION ItemNo. @ Application complete date: February 24, 1997 I PCiDRE3 AGENDA OF: September 17,1997 1 Project Planner: Eric Munoz Project Engineer: NIA SUBJECT: ZCA 97-02/&EPA 97-01/ZCA 97-03LCPA 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 Desien 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. Planning Commission: That the Planning Commission ADOPT Planning Commission Resolutions No. 4 163 and 4 164 RECOMMENDING APPROVAL of ZCA 97-02 and LCPA 97-01 based upon the findings and subject to the conditions contained therein. 11. 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. 111. 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 fixther implement the Citywide prohibition. ZCA 97-02LCPA 97-01/Z~A 97-03LCPA 97-07 - DRIVE-THRU KESTAURANT PROHIBITION SEPTEMBER 17,1997 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 21.42.01 0(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 21.42.01 0(5)(N). This will result in Drive-thru Restaurants being prohibited from &l 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. 4 163 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 Zone is addressed by LCPA 97-01 which modifies or inserts policy text into the Mello I, Mello 11, Agua Hedionda, East Batiquitos and West Batiquitos Local Coastal Program segments. The newhevised policy text clearly prohibits Drive-thru Restaurants from each of these LCP segments and is attached as Exhibit “Y” to Planning Commission Resolution No. 4 164. ZCA 97-02kCPA 97-0 1 /LA 97-03kCPA 97-07 - DRIVE-THRU KESTAURANT PROHIBITION SEPTEMBER 17,1997 PAGE 3 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 1506 1 (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. 2. 3. 4. 5. 6. Design Review Board Resolution No. 257 Design Review Board Resolution No. 258 Planning Commission Resolution No. 4 163 Planning Commission Resolution No. 4 164 City Council Resolution No. 97-474. Exhibit "A," boldstrikeout copy of ordinance, dated September 17, 1997 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 fonnrard 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 438-1 161. 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" 1 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: “2 1.04.109. Drive-thru Restaurant. “Drive-thru Restaurant” means a restaurant that has a drive-thru lane to serve customers in motor vehicles.” SECTION 11: 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 111: That Title 21, Chapter 21.26, Section 21.26.020(1) is amended to read as follows: “21.26.020(1). (1) All uses shall be conducted wholly within a building except such uses as 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);” SECTIONV: 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: -1- h “21.28.020(1). (1) All uses shall be conducted wholly within a building except such uses as 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: .. “2 1.29.050(5). (5) 1; (C) Bed and breakfast uses.” SECTION IX: That Title 21, Chapter 21.30, Section 21.30.020(2) is amended to read as follows: “2 1.3 0.020(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 , 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: -2- “21.35.020. 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. 27 1, and modified by 9 are hereby adopted by reference and incorporated into this chapter. Carlsbad Housing and Redevelopment Commission Resolutions No. 280 and SECTION XI: That Title 21, Chapter 21.42, Section 21.42.010(5)(N) is amended to read as follows: “21.42.010.(5)~). (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 receivedfinal approvals by the effective date of this ordinance are allowed to exist and may apply for CUP extensions to allow for continued operations.” -3 -