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Home My WebLink About1997-12-16; City Council; Resolution 97-725* sui D I??- “UC;J an8 “lug 304s &Sa OZ-IO ““90 z22 iU(7 22 :;az “09 F:i? <o-l zluw GO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l e 0 RESOLUTION NO. 97-725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO ESTABLISH CITY’S COASTAL ZONE OUTSIDE THE VILLAGE REDEVELOPMENT AREA AND LCP SEGMENT WHEREAS, California state law requires that the Local Coastal Program, General Plan and Zoning designations for properties in the Coastal Zonc be in conformance; and A PROHIBITION ON DRIVE-THRU RESTAURANTS IN THE WHEREAS, the Planning Director has determined that a Zone Cod( Amendment to: Prohibit Drive-thru Restaurants as an allowed land use from all zoning districts in the City including all coastal zone properties outside the Village Redevelopment area. be prepared; and WHEREAS, the Planning Commission did on the 17th day of Septembc 1997, hold a duly noticed public hearing as prescribed by law to consider sai request; and WHEREAS, at said public hearing, upon hearing and considering i testimony and arguments, if any, of all persons desiring to be heard, said Boa1 considered all factors relating to the Zone Code Amendment; and WHEREAS, the City Council did on December 2, 1997 hold a du noticed public hearing as prescribed by law to consider said prohibition; and WHEREAS, the proposed Zone Code Amendment implements C Council Resolution No. 97-474 as approved on June 3, 1997; and 9m 32 mu? “oc~ -IOU% an8 205“: etsa 9, sg 5&$2pi ““$0 oz-lo p2 a83 >2$ 60 ALL0 >-I2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, the proposed Zone Code Amendment will effectivel! establish a Citywide prohibition on Drive-thru Restaurants in all zoning district! including the City’s coastal zone area and Village Redevelopment area. Such use! can have an adverse impact on public health, safety and welfare through potenti2 cumulative traffic, noise, litter, aesthetic and air quality impacts. The proposed zonc code amendment will also further promote the pedestrian oriented objectives of thc Redevelopment area as contained in the Village Design Manual; and WHEREAS, the proposed Zone Code Amendment is consistent wit1 the implementing policies of the General Plan and Mitigation Measures of the Mask EIR conducted for the General Plan Update of 1994 which are designed to de emphasize motor vehicle use and other nuisance factors while emphasizin pedestrian circulation; and WHEREAS, the Planning Director has determined that the project ’ exempt from the requirements of the California Environmental Quality Act (CEQA) pl Section 15061(b)(3) of the State CEQA Guidelines and will not have any adverz significant impact on the environment; and I WHEREAS, the Council further finds that there are sufficient existir drive-thru restaurants to accommodate the needs of the citizens of Carlsbad for tt foreseeable future and no new drive-thru restaurants are needed. It will further allc the City Council to determine at a later date whether or not it is necessary desirable to review, modify or amend this prohibition; and WHEREAS, further expansions and approvals of drive-th restaurants do not ensure safe traffic circulation and can lead to traffic congestic 2 0 SWS 32 zgg jU, owg $034 EA= ;6;E d;Sz Zwm” 0Z-l- ““50 Fool p$ a02 00 - e e 1 2 circulation and parking problems; and 3 4 5 6 proper, lawful and economic uses of that property; and 9 WHEREAS, this action does not deny a landowner other reasonable 8 protect the residential character of the community; and 7 WHEREAS, drive-thru restaurants may be detrimental to the quality o life, including the scenic quality of life in the City of Carlsbad, and otherwisf inconsistent with its general welfare; and WHEREAS, the Council finds that drive-thru restaurants do nc 10 WHEREAS, it is not the intent of the City Council to restrict, amend c l1 I/ prohibit other lawful uses which may exist on a larger parcel, a portion of whic 12 13 14 contains a drive-thru restaurant; and WHEREAS, the City Council does not intend this action to affect ( 15 l7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Counc 16 impact existing lawful drive-thru restaurants, of the City of Carlsbad, California as follows: 18 19 20 21 A) That the foregoing recitals are true and correct. B) That the various LCP segments regarding drive-thru restauran as set forth in Exhibit “Y’ dated September 17, 1997 attachc hereto and incorporated herein, are approved. 22 11 ... ... ... ... 23 24 25 ... 26 ... ... ... ... 27 11 ... 28 3 1 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of thc om SUE a> $Em an8 Ow% jU, $055 dtS[r OOOB 2;$2 02-10 ““50 F:? c25 t-12 zwo) aoJ GO 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 City Council of the City of Carlsbad, California on the 16th day of December 1997, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, and Kulchin NOES: Council Members Finnila and Hall ABSENT: None ATTEST: /; /> act&& kc !i\nb-u.h ALETHA L. RAUTENKRANZ, CITY CLEPII 1 1 4 il *. c 0 0 EXHIBI‘ September 17, TEXT CHANGES TO THE VARIOUS LCP SEGMENTS REGARDING DRIVE-THRU RESTAURANTS Mello I The Mello I Land Use Plan is amended by the addition of the following policy language to Sections 1, 2 and 3, to read as follows: Section 1 (Standard Pacific), add a new policy: “Policy 6 - Drive-thru Restaurant Prohibition Drive-thru Restaurants are prohibited as an allowed land use. ” Section 2 (Occidental Land Inc.) Policy No. 1, Subsection 2 (b) is amended to read: “Commercial uses may be allowed on the two parcels south of Poinsettia Lane and adjacent to I- 5 on both sides of the fieeway provided that 35% of the land areas devoted exclusively to tourist commercial uses. Drive-thru restaurants are prohibited as an allowed land use. ” Section 3 (Rancho La Costa) Policy No. 1, Subsection No. 2 is amended to read: “ The land uses allowed by the Master Plan shall be compatible with the City of Carlsbad General Plan as amended and as adopted as of March 1,1988, to provide a combination of residential, commercial (including visitor serving) and open space uses. Drive-thru Restaurants are prohibited as an allowed land use. ’’ Mello I1 The Mello I1 Land Use Plan is amended by the addition of new policy language to Section No. 1 (Allowable Land Uses) to read as follows: “Policy 1-3 Drive-thru Restaurant Prohibition Drive-thru Restaurants are prohibited as an allowable land use. ’’ Agua Hedionda Land Use Plan The Agua Hedionda Land Use Plan is amended by the addition of new policy language to Section No. 3(Land Use Plan) to read as follows: “Policy 1.1 I Drive-thru Restaurants are prohibited as an allowable land use. ’’ East Batiauitos Lagoon The East Batiquitos Lagoon Land Use Plan is amended by the addition of new policy language to Section B. 1 (Land Use Categories), subsection (l)(a)2) to read as follows: “Commercial portions of Planning Areas 10 and 1 1 that are subject to this plan are designated Recreation Commercial (RC). In addition to the uses permitted under this designation, other uses may include restaurants. Drive-thru Restaurants are prohibited as an allowable land use. ” W e The East Batiquitos Lagoon Land Use Plan is amended by the addition of new policy language to Section B. 1 (Land Use Categories), subsection (3)(c) to read as follows: “(c) Drive-thru Restaurants are prohibited as an allowable land use. ’’ West Batiquitos Lagoon The West Batiquitos Lagoon Land Use Plan is amended by the addition of policy language to Section “A” (Land use Categories) to read as follows: “The following are the proposed land use “Planning Areas”, each providing a brief description. The “Planning Areas” correspond directly with the planning areas approved with the Poinsettia Shores Master Plan. All development in these planning areas are subject to the provisions of the Poinsettia Shores master Plan as adopted by the City of Carlsbad and certified by the California Coastal Commission. No development inconsistent with the Master Plan shall be permitted. The planning areas identified below will replace the former planning areas established by the BLEP Master Plan. See the attached map for the location of the Planning Areas described below. Drive-thru Restaurants are prohibited as an allowable land use. ’’