HomeMy WebLinkAbout1997-09-17; Planning Commission; Resolution 41633
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PLANNING COMMISSION RESOLUTION NO. 4163
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO
ESTABLISH A CITYWIDE PROHIBITION ON DRIVE-THRU
RESTAURANTS.
CASE NAME: DRIVE-THRU RESTAURANT PROHIBITION
CASE NO: ZCA 97-02
WHEREAS, the Planning Director has determined that a Zone Code Amendr
to:
Prohibit Drive-thru Restaurants as an allowed land use from all
zoning districts in the City including all coastal zone properties
be prepared; and
WHEREAS, the Planning Commission did on the 17th day of September :
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 testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commi:
RECOMMENDS APPROVAL of Zone Code Amendment ZCA 9:
according to Exhibit “X”, dated September 17, 1997, attached and made a
hereof, based on the following findings, and subject to the following conditio1
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Findings:
1. That the proposed Zone Code Amendment implements City Council Resolutiol
97-474 as approved on June 3,1997.
2. That the proposed Zone Code Amendment will effectively establish a CitJ
prohibition on Drive-thru Restaurants in all zoning districts including the (
coastal zone area. Such uses can have an adverse impact on public health, s
and welfare through potential cumulative traffic, noise, litter, aesthetic and
quality impacts.
3. That the proposed Zone Code Amendment is consistent with the follo
implementing policies of the General Plan and Mitigation Measures of the M
EIR conducted for the General Plan Update of 1984 which are designed tc
emphasize motor vehicle use and other nuisance factors while emphas
pedestrian circulation:
Land Use Element Policy C.5 - requires that commercial developments prov,
variety of courtyards and pedestrian ways, bicycle trails, landscaped parking
and the use of harmonious architecture in the construction of buildings.
Air Quality Mitigation Measure #11 - requires the control of nuisance facto
non-residential developments such as noise, smoke, dust, odor and glare.
Air Quality Mitigation Measure #25 - encourages pedestrian circulatio.
commercial areas through the provision of convenient parking facilities, incrt
sidewalk width, pedestrian-oriented building designs, landscaping, street ligl
and street furniture.
4. That the Planning Director has determined that the project is exempt from
requirements of the California Environmental Quality Act (CEQA) per Section 1:
(b)(3) of the State CEQA Guidelines and will not have any adverse significant impac
the environment.
Conditions:
1. Approval and implementation of ZCA 97-02 is based on the approval of ZCA 9'
LCPA 97-01 and LCPA 97-07 including final Coastal Commission approvals.
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PC RES0 NO. 4163 -2-
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1 i1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
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Commission of the City of Carlsbad, held on the 17th day of September 1997, by the follc
vote, to wit:
AYES: Commissioners Heineman and Monroy
NOES: Chairperson Nielsen, Commissioners Noble, Savary and Wels
ABSENT: Commissioner Compas
ABSTAIN: None
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMHLER
Planning Director
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PC RES0 NO. 4163 -3-
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0 EXHIBIT ‘
SEPTEMBER 17,l
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAFUSBAD CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE TO DEFINE, AND
PROHIBIT IN ALL ZONES, DRIVE-THRU RESTAURANTS.
CASE NAME: DRIVE-THRU RESTAURANT REGULATIONS
CASE NO: ZCA 97-02LCPA 97-0 1
WHEREAS, on June 3, 1997, the City Council adopted Resolution No. 9’
directing the Planning Director to prepare a potential prohibition of Drive-thru Restaurants
all zones in the City; and
WHEREAS, the City Council considers Drive-thru Restaurants as havinl
potential to threaten public health, safety and welfare through impacts fiom cumulative t~
congestion, noise, odor, land use compatibility and aesthetic impacts from signage and litter;
NOW, therefore, the City Council of the City of Carlsbad, California, does o
as follows:
SECTION I: That Title 21, Chapter 21.04, Section 21.04.109 is added tc
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 :
customers in motor vehicles.”
SECTION 11: That Title 21, Chapter 21.26, Section 21.26.010(22) is amende
read as follows:
“21.26.010(22).
(22) Restaurants (excluding Drive-thru Restaurants), tea rooms or (
(excluding dancing or entertainment and on-sale liquor);”
SECTION 111: That Title 21, Chapter 21.26, Section 21.26.020(1) is amende
read as follows:
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“21.26.020(1).
(1) All uses shall be conducted wholly within a building except such u:
gasoline stations, electrical transformer substations and nurseries for sale of plants and flc
and similar enterprises customarily conducted in the open;”
SECTION IV: That Title 21, Chapter 21.27, Section 21.27.030(4) is amendl
read as follows:
“21.27.030(4).
(4) Restaurants (except Drive-thru Restaurants);”
SECTION V: That Title 21, Chapter 21.27, Section 21.27.030(6) is amendc
read as follows:
“21.27.030(6).
(6) Drive-thm facilities (except Drive-thru Restaurants);”
SECTION VI: That Title 21, Chapter 21.28, Section 21.28.020(1) is amendc
read as follows:
“21.28.020(1).
(1) All uses shall be conducted wholly within a building except such USI
gasoline stations, electrical transformer substations and horticultural nurseries, and si]
enterprises customarily conducted in the open.?’
SECTION VII: That Title 21, Chapter 21.29, Section 21.29.030(3) is amendc
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 Coc
amended by the deletion of subdivision (5) and renumbering of subdivision (6) to subdivisior
of Section 21.29.050, to read as follows:
“21.29.050(5).
(5) Bed and breakfast uses.”
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SECTION IX: That Title 21, Chapter 21.30, Section 21.30.020(2) is amenc
read as follows:
“21.30.020(2).
(2) All uses shall be conducted wholly within a completely enclosed buil
or within an area enclosed on all sides with a solid wall or uniformly painted fence not les:
five feet in height, except such uses as gasoline stations, electrical transformer substation
horticultural nurseries, and similar enterprises customarily conducted in the open, provided
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 amend
read as follows:
“21.34.030(1).
(1) Eating and drinking establishments (with the exception of Drive
Restaurants);”
SECTION XI: That Title 21, Chapter 21.35, Section 21.35.020 is amendc
read as follows:
“2 1.35.020. Incorporation of redevelopment plan and village master plan
design manual by reference.
The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad
Council Ordinance No. 9591 and the Village Master Plan and Design Manual as adopte
Carlsbad Housing and Redevelopment Commission Resolution No. 271, and modifiec
Carlsbad Housing and Redevelopment Commission Resolutions No. 280 and ,
hereby adopted by reference and incorporated into this chapter.
SECTION XII: That Title 21, Chapter 21 -42, Section 21.42.010(5)(3
amended to read as follows:
“21.42.010.(5KN).
(N) Drive-thru business or drive-thru facilities to existing businesses ex
Drive-thru Restaurants which are prohibited from all zones in the City including coastal :
properties. The drive-thru restaurant prohibition applies Citywide to all existing and prop’
specific plans, master plans, and related amendments. Drive-thru Restaurants that are e
existing or have received final approvals by the effective date of this ordinance are allowe
exist and may apply for CUP extensions to allow for continued operations.”
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EFFECTIVE DATE: The ordinance shall be effective thirty days aft
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
published at least once in a newspaper of general circulation within fifteen days aft
adoption, except that within the Coastal Zone the effective date of this ordinance shall be thc
of final Coastal Commission approval of this ordinance.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
Council on the day of , 1997, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the C
Carlsbad on the day of , 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
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ATTEST:
1
ALETHA L. RAUTENKRANZ, City Clerk
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