HomeMy WebLinkAbout1997-12-31; Housing & Redevelopment Commission; Resolution 291c *
RESOLUTION NO. 291".
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD APPROVING AN
AMENDMENT TO THE CARLSBAD LOCAL COASTAL
RESTAURANTS IN THE VILLAGE REDEVELOPMENT AREA
AND LCP SEGMENT OF THE CITY'S COASTAL ZONE
PROGRAM ESTABLISHING A PROHIBITION ON DRIVE-THRU
CASE NO. LCPA 97-07
WHEREAS, California State law requires that the Local Coastal
Program, General Plan, and Zoning designations for properties in the Coastal Zone
be in conformance: and
% WHEREAS, the proposed Local Coastal Program Amendment is
consistent with all applicable policies of the Village Redevelopment segment of the
Carlsbad Local Coastal Program, in that a change to the Village Master Plan and
Design Manual is necessary to implement a Citywide prohibition on Drive-thru
restaurants. The proposed change will clearly designate drive-thru food service uses
as a prohibited use throughout the Village Redevelopment area; and
WHEREAS, the proposed amendment to the Village Redevelopment
segment of the Carlsbad Local Coastal Program is required to establish the drive-thru
prohibition for this portion of the City; and
WHEREAS, the Housing and Redevelopment Commission of the City
of Carlsbad has determined that an amendment to the City's Local Coastal Program
(LCP) is necessary and appropriate for all properties located in the Village
Redevelopment Segment of the LCP prohibiting drive-thru restaurants; and
WHEREAS, the proposed amendment to the Village Master Plan and
Design Manual, constitute a request for a Local Coastal Program Amendment as
shown on Exhibit "Z dated September 17, 1997, attached hereto, and as set forth in
Section 11 of Ordinance No. MS-439 , as provided in Public Resources Code
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section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of
the California Code of Regulation (the California Coastal Act Administrative
Regulations); and
WHEREAS, the Design Review Board did on the 17th day of September
1997, hold a duly noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, the Housing and Redevelopment Commission did on
December 2, 1997, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Board
considered all factors relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review
period for any amendment to the Local Coastal Program; and
WHEREAS, the City Council finds there are sufficient drive-thru
restaurants in the City to serve existing and future needs at this time; and
WHEREAS, further expansions and approvals of drive-thru
restaurants do not ensure safe traffic circulation and can lead to traffic congestion,
circulation and parking problems; and
WHEREAS, drive-thru restaurants may be detrimental to the quality of
life, including the scenic quality of life in the City of Carlsbad, and otherwise
inconsistent with its general welfare; and
WHEREAS, the Council finds that drive-thru restaurants do not
protect the residential character of the community; and
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WHEREAS, this action does not deny a landowner other reasonable,
proper, lawful and economic uses of that property; and
WHEREAS, it is not the intent of the City Council to restrict, amend or
prohibit other lawful uses which may exist on a larger parcel, a portion of which
contains a drive-thru restaurant; and
WHEREAS, the City Council does not intend this action to affect or
impact existing lawful drive-thru restaurants,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad as follows:
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That the foregoing recitations are true and correct.
At the end of the State mandated six week review period,
starting on July 24, 1997, and ending on September 4, 1997.
No public comments were received.
That based on the evidence presented at the public hearing, the
Housing and Redevelopment Commission APPROVES LCPA
97-07 and amends section II entitled Land Use of the Village
Master Plan and Design Manual by the replacement of a portion
of the land use chart, page 2-27, as shown in Exhibit "Z,
attached hereto and incorporated herein by reference.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City of Carlsbad Housing & Redevelopment Commission and City Council of the City
of Carlsbad, California on the 16th day of December , 1997, by the following
vote, to wit:
AYES: Commissioners Lewis, Nygaard, and Kulchin-.
NOES: Commissioners Finn
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