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HomeMy WebLinkAbout1979-11-06; City Council; 6042; Drive Thru facilitiesCITY OF CARLSBAD . INITIAL /> AGENDA BILL NO. ts?O *j ^ __Dept. Hd.jrf -4 DATE: November 6, 1979 __ Cty. Atty. DEPARTMENT: -Planning Cty. Mgr. SUBJECT:DRIVE THRU FACILITIES CASE NO: ZCA-114 STATEHENT OF THE MATTER It has been a concern to the City Council and Planning Commission that drive-thru and drive-up facilities cause traffic congestion on-site, and off-site. Therefore, staff was directed to prepare a code amendment to require special processing for all drive-thru uses. Presently the code requires a conditional use permit for drive-thru restaurants. This code amendment would expand that section to include all drive-thru facilities. EXHIBITS Planning Commission Resolution No. 1554 Staff Report dated October 10, 1979 Ordinance No. y^V/ RECOMMENDATION Both the Planning Commission and Planning Staff have recommended APPROVAL of this Zone Code Amendment. If the City Council concurs, your action is to introduce Ordinance No. Council Action: 11-6-79 Council introduced Ordinance No. 9541, amending the Municipal Code to require a conditional use perm-it for all drive-thru facilities in the City. 11-20-79 Council adopted Ordinance 9541. 1 PLANNING COMMISSION RESOLUTION NO. 1554 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A ZONE CODE AMENDMENT TO TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTER 21.42, 4 SECTION 21.42.010(5)(N) TO ALLOW DRIVE THRU . FACILITIES WITHIN THE CITY OF CARLSBAD BY . 5 CONDITIONAL USE PERMIT. 6 CASE NO.: ZCA-114 APPLICANT: CITY OF CARLSBAD 7 8 WHEREAS, the Planning Commission of the City of Carlsbad 9 did hold a duly noticed, public hearing on October 10, 1979 10 to consider the subject amendment; and 11 WHEREAS, the Planning Commission received all testimony 12 and arguments, if any, of all persons .desiring to be heard, 13 and upon hearing and considering all factors relating to Zone 14 Code Amendment 114, found the following facts and reasons to 15 exist: ' - . 16 • 1. Drive-through businesses and facilities have the potential 17 for creating unsafe traffic situations on site and along public streets. 18 2. The conditional use permit process will allow the City 19 to review all applications for drive-through businesses and facilities to determine if modifications are necessary 20 to ensure safety and to deny said application if it is deemed detrimental to the City. 21 3. An Environmental Impact Assessment has been conducted and 22 a Negative Declaration issued for the subject amendment based on the following facts: 23 a) The project is administrative in nature, and additional 24 environmental review is required on a project-by-project basis. 25 b) The Conditonal Use Permit process provides the city 26 with additional discretionary powers necessary to prevent potential adverse impacts generated by such 27 a facility. 28 c) The proposed Zone Code Amendment will not adversely effect any environmental resources. WHEREAS, the Planning Commission, by the following vote, recommended approval of ZCA-114, changing Section 21.42.010 (5) (N) to read as.follows: (N) Drive-thru businesses or the addition of drive- thru facilities to existing businesses. AYES: Schick, Rombotis, Marcus, Jose, Larson 7 NOES: None 8 ABSENT: None 9 ABSTAIN: None 10 NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing 11 recitations are true and correct. 12 13 EDWIN S. SCHICK, Jr., Chairman 14 ' . CARLSBAD PLANNING COMMISSION 15 ATTEST: 16 17 18 JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION 19- 20 21 ZCA-114 22 23 .2 24 25 26 27 28 STAFF REPORT DATE: October 10, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: ZCA-114; DRIVE-THRU FACILITIES BACKGROUND AND DISCUSSION The predominance of the automobile in the Southern California lifestyle emerged most convincingly with the arrival of the "drive-thru" restaurant. Drive-thrus have now spread to all manner of commercial activities. Banks and other financial institutions have particularly embraced the drive-thru concept to provide added ease and convenience, and to remain competi- tive . While drive-thru facilities can be designed to function pro- perly and efficiently, they also have the potential of creating significant traffic, circulation and safety problems. Drafters of the Zone Code recognized the special nature of drive-thru restaurants and included a requirement that such facilities receive a Conditional Use Permit. Section 21.42.010(5)(N) allows drive-thru restaurants in all zones except residential, with a CUP. In recent years, a number of drive-thru banks have been developed in Carlsbad commercial areas, often times the pro- posed- facilities are reviewed by the City in the form of a Site Development Plan when the property has qualified develop- ment or "Q" zoning overlay. However, standard R-P, Commercial, or Industrial Zones make no specia.l requirements for drive- thru facilities serving businesses other than restaurants. The same circumstances that dictate the special treatment of a drive-thru restaurant also extend to all other drive-thru facilities. Traffic flow and circulation considerations should be evaluated for any drive-thru to ensure their proper develop- ment . The Planning Commission recently adopted Resolution of Intention 163 directing the preparation of a zone code amend- ment that would require a CUP for all drive-thru facilities. The amendment to the code as suggested is simply to expand the present requirement for CUP for drive-thru restaurants to all drive-thru facilities. RECOMMENDATION It is recommended that the Planning Commission APPROVE ZCA-114 amending Chapter 21.42, Section 010(5) as follows: (N) Drive-thru 3?esfca«j?aftt businesses or drive through facilities to existing busineses. Reason for the Recommendation: 1) Drive-through businesses and facilities have the potential for creating unsafe traffic situations on site and in public streets. 2) The conditional use permit process will allow the City to review all applications for drive-through businesses and facilities to determine if modifications are necessary to ensure safety or deny if application is determined to be detrimental. 3) An Environmental Impact Assessment has been reviewed and a Negative Declaration issued for the subject amendment based on the following facts a) The project is administrative in nature, and addi- tional environmental review is required on a project- by-project basis. b) The CUP process provides the city with additional discretionary powers, necessary to prevent potential adverse impacts generated by such a facility. c) The proposed zone code amendment will not adversely affect any environmental resources. BP:jd • . O oo .2 1 CENT F. BIONDO, JliRNEY - CITY OF Ct1200 ELM AVENUEBAD, CALIFORNIA £2O CO >£ | O 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 ORDINANCE NO. 9541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.42.010 (5) (N) TO REQUIRE A CONDITIONAL USE PERMIT FOR ALL DRIVE-THRU FACILITIES IN THE CITY. The City Council of the City of Carlsbad, California hereby ordains as follows: SECTION 1: That Title 21, Chapter 21.42 of the Carlsbad Municipal Code is amended by the amendment of Section 21.42.010 (5) (N) to read as follows: "(N) Drive-thru business or drive-thru facilities to existing businesses." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th daY of November 1979 and thereafter 1 2 3 4 5 6 7 8 9 10 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th daY of November > 1979 by the following vote, to wit: AYES: NOES: ABSENT: None Councilman Packard, Skotnicki, Anear, Lewis and Councilwoman Casler None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk/X (SEAL) -2-