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Home My WebLink About1997-09-17; Planning Commission; Resolution 4164C 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 e 0 PLANNING COMMISSION RESOLUTION NO. 4164 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO ESTABLISH A CITY’S COASTAL ZONE OUTSIDE THE VILLAGE REDEVELOPMENT AREA AND LCP SEGMENT CASE NO: LCPA 97-01 WHEREAS, California State law requires that the Local Coastal Pro: PROHIBITION ON DRIVE-THRU RESTAURANTS IN THE CASE NAME: DRIVE-THRU RESTAURANT PROHIBITON General Program, and Zoning designations for properties in the Coastal Zone be in confom and WHEREAS, the City of Carlsbad has filed a verified application fc amendment to the Local Coastal Program for all properties located within the City’s coastal but outside of the Village Redevelopment area and LCP segment; and WHEREAS, said verified application, proposes a zone code amendme establish a Citywide prohibition on Drive-thru Restaurants, constitutes a request for a Coastal Program Amendment as shown on Exhibit “Y” dated September 17, 1997, atta hereto and Exhibit “X” as attached to Planning Commission Resolution No. 4163, he incorporated by reference, and Exhibit “Z” as attached to Design Review Board Resoll No. 257, hereby incorporated by reference (LCPA 97-01), as provided in Public Reso Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 1L California Code of Regulations of the California Coastal Act Administrative Regulations); a WHEREAS, the Planning Commission did on the 17th day of September 1 hold a duly noticed public hearing as prescribed by law to consider said request; and ... ~ ... a 0 i 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 WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all E relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review peril any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on Jul 1997, and ending on September 4,1997. No comments were received. C) That based on the evidence presented at the public hearing, the Comm RECOMMENDS APPROVAL of LCPA 97-01 based on the following fin1 and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment is consistent with all applj policies of all segments of the Carlsbad Local Coastal Program, in that the prohil: on Drive-thru Restaurants will not impact coastal resources or affect public a provisions to beach or shoreline areas. The Village Redevelopment segment c City’s Local Coastal Program and the Village Master Plan and Design Manu2 being amended by LCPA 97-07, in order to implement the Citywide prohibiti the Village area. 2. That the proposed amendment to the Mello I, Mello 11, East Batiquitos, Batiquitos and Agua Hedionda Lagoon segments of the Carlsbad Local CI Program is required to implement the Citywide prohibition on Drive Restaurants in the coastal zone outside the Village Redevelopment segment. 3. That the proposed LCP amendment effectively implements the Citywide prohil: on Drive-thru Restaurants in the coastal zone by: (1) amending Title 21, the C zoning ordinance which regulated coastal zone properties (Exhibit “X”); an adding Drive-thru Restaurant prohibition text to the policy sections of the Mt Mello 11, Agua Hedionda, East and West Batiquitos LCP segments (Exhibit “Y’ 4. That the Planning Director has determined that the project is exempt fion requirements of the California Environmental Quality Act (CEQA) per Section 1 PC RES0 NO. 4164 -2- 0 0 < 1 (b)(3) of the State CEQA Guidelines and will not have any adverse significant imp; the environment. 2 3 4 1. Approval and implementation of LCPA 97-01 is based on the approval of ZC 02, ZCA 97-03 and LCPA 97-07 including final Coastal Commission approvals, 5 PASSED, APPROVED AND ADOPTED at a regular meeting to the P1a 6 7 Commission of the City of Carlsbad, held on the 17th day of September 1997, by the folk 8 vote, to wit: Conditions: 9 AYES: Commissioners Heineman and Monroy 10 NOES: Chairperson Nielsen, Commissioners Noble, Savary and Wels 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSENT: Commissioner Compas ABSTAIN: None ~ >, ,"&."L "". /.- ' ~ /' ~ ..\ ,/*r <:.; ,,'/ ,.I ,,: -,,I-, ' JCT r,i. T, <. ;l ;.' j! I. " .. 7'' .. C- - f I, '3. ,;ur"..5.s - .- ..~~~~~~"~-,-.~~~~~~~:~~,..~,-.~.,.~ "7, I " ..__. i-; ."_ I- j ,_, c 9.' ~ ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: -J MICHAEL J. HOLZMIMER Planning Director ~ PC RES0 NO. 4164 -3 - m m 0 EXHIB September 17 J 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 freeway 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 11 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 I-3 Drive-thru Restaurant Prohibition Drive-thru Restaurants are prohibited as an allowable land use. ’’ Aaua 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 I. 1 I Drive-thru Restaurants are prohibited as an allowable land use. ’’ East Batiquitos Lagoon The East Batiquitos Lagoon Land Use Plan is amended by the addition of new policy language to Section B.l (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. ” e 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: “(e) 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. ’’