HomeMy WebLinkAbout1998-01-06; City Council; NS-439; CMC 21 amends - Drive-thru restaurants prohibited in all zones...,A II e 0 .- ll 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2
ORDINANCE NO. NS-439
CAlUSBAD CALIFORNIA, AMENDING TITLE 21 OF THE
CAlUSBAD MCTNICIPAL CODE TO DEFINE AND PROHIBIT 3
4. IN ALL ZONES, DRIVE-THRU RESTAURANTS
5 WHEREAS, on June 3, 1997, the City Council adopted Resolution
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all zones in the City; and 7
directing the Planning Director to prepare a potential prohibition of dnve-thru rest;
8 WHEREAS, the Planning Commission and Design Review Board
9 noticed joint public hearing on September 17, 1997 as prescribed by law to c
prohibition; and 10
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WHEREAS, the City Council did on December 2, 1997 hold a duly nc
hearing as prescribed by law to consider said prohibition; and
14 II WHEREAS, the City Council finds there are sufficient drive-thru r(
15 the City to serve existing and hture needs at this time; and
16 WHEREAS, further expansions and approvals of drive-thru restaur
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ensure safe traffic circulation and can lead to traffic congestion, circulation :
problems; and
19 WHEREAS, drive-thru restaurants may be detrimental to the qua
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including the scenic quality of life in the City of Carlsbad, and otherwise inconsis
general welfare; and
WHEREAS, the Council finds that dnve-thru restaurants do not
residential character of the community; and
WHEREAS, ths action does not deny a landowner other reasona
26 ll lawful and economic uses of that property; and
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WHEREAS, it is not the intent of the City Council to restrict, amenc
other lawful uses which may exist on a larger parcel, a portion of which contains
restaurant; and
WHEREAS, the City Council does not intend this action to affec
existing lawful drive-thru restaurants; and
WHEREAS, it will further allow the City Council to determine at
whether or not it is necessary or desirable to review, modify or amend this prohibitiol
NOW, therefore, the City Council of the City of Carlsbad, California,
as follows:
SECTION 1 : That Title 21, Chapter 21.04, Section 21.04.109 is 5
Carlsbad Municipal Code to read as follows:
“21.04.109. Drive-thru Restaurant.
“Drive-thru Restaurant” means a restaurant that has a drive-thru 1;
customers in motor vehicles.”
SECTION 2: That Title 21, Chapter 21.26, Section 21.26.010(22) is
read as follows:
“21.26.010(22).
(22) Restaurants (excluding drive-thru restaurants), tea room
(excluding dancing or entertainment and on-sale liquor);”
SECTION 3: That Title 21, Chapter 21.26, Section 21.26.020(1) is
read as follows:
“21.26.020(1).
(1) All uses shall be conducted wholly within a building except !
gasoline stations, electrical transformer substations and nurseries for sale of plants
and similar enterprises customarily conducted in the open;”
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SECTION 4: That Title 21, Chapter 21.27, Section 21.27.030(4) is
read as follows:
“21.27.030(4).
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(4) Restaurants (except drive-thru Restaurants);”
SECTION 5: That Title 21, Chapter 21.27, Section 21.27.030(6) is
read as follows:
“21.27.030(6).
(6) Drive-thru facilities (except drive-thru restaurants);”
SECTION 6: That Title 21, Chapter 21.28, Section 21.28.020(1) is
read as follows:
“21.28.020(1).
(1) All uses shall be conducted wholly within a building except s
gasoline stations, electrical transformer substations and horticultural nurseries,
enterprises customarily conducted in the open.”
SECTION 7: That Title 21, Chapter 21.29, Section 21.29.030(3) is
read as follows:
“21.29.030(3).
(3) Restaurants (with the exception of drive-thru restaurants);”
SECTION 8: That Title 21, Chapter 21.29, of the Carlsbad Munici]
amended by the deletion of subdivision (5) and renumbering of subdivision (6) to sub
of Section 21.29.050, to read as follows:
“21.29.050(5).
(5) Bed and breakfast uses.”
SECTION 9: That Title 21, Chapter 21.30, Section 21.30.020(2) is
read as follows:
“21.30.020(2).
(2) All uses shall be conducted wholly within a completely enclosc
or within an area enclosed on all sides with a solid wall or uniformly painted fence n
five feet in height, except such uses as gasoline stations, electrical transformer subs
horticultural nurseries, and similar enterprises customarily conducted in the open, prc
exclusion shall not include storage yards, contractor’s yards and like uses;”
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read as follows: 27
SECTION 10: That Title 21, Chapter 21.34, Section 21.34.030(1) is i
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“21.34.030(1).
(1) Eating and dnnking establishments (with the exception o
restaurants)”
SECTION 11: That Title 21, Chapter 21.35, Section 21.35.020 is
read as follows:
“21.35.020. Incorporation of redeveloDment plan and village mast
design manual by reference.
The Carlsbad Village Area Redevelopment Plan as adopted by C:
Council Ordinance No. 959 1 on July 21 , 197 1, and the Village Master Plan and De:
as adopted by Carlsbad Housing and Redevelopment Commission Resolution 1
November 21, 1995, and modified by Carlsbad Housing and Redevelopment (
Resolutions No. 280 on August 13, 1996, and No 2 9 1 , are hereby adopted by r(
incorporated into this chapter.”
SECTION 12: That Title 21, Chapter 21.42, Section 21.42.010(5)(N)
to read as follows:
“21.42.010.(5)0.
(N) Drive-thru business or drive-thru facilities to existing businesses e
thru restaurants which are prohibited from all zones in the City including coastal zonc
The drive-thru restaurant prohibition applies Citywide to all existing and proposed sp
master plans, and related amendments. Drive-thru restaurants that are either exist
received final approvals on the effective date of this ordinance are allowed to
existence subject to the terms and conditions of this Code and the Conditional Us
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other discretionary permit permitting them and may apply for and may be gr
3 EFFECTIVE DATE: The ordinance shall be effective thirty d?
4 adoption, and the City Clerk shall certify to the adoption of this ordinance and cs
5 published at least once in a newspaper of general circulation within fifteen da
6 adoption, except that, $necessa~~, within the Coastal Zone the effective date of thi
7 shall be the date offinal Coastal Commission approval of this ordinance.
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9 Council on the 16th day of December , 1997, and thereafter
extensions under this Code.”
INTRODUCED AND FIRST READ at a regular meeting of the C;
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PASSED AND ADOPTED at a regular meeting of the City Council o
Carlsbad on the 6th day of January , 1998, by the following vote, to wit:
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13 AYES: Council Members Lewis, Nygaard, Kulchin
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NOES: Council
ABSENT: None
ATTEST:
Z, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
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