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Home My WebLink About1997-06-03; City Council; 14193; Intention To Study Drive Thru RestaurantsCITY OF CARLSBAD - AGtNDA BILL AB# ,q, 193 MTG. 6/3/97 DEPT. CA TITLE- RECONSIDERATION OF RESOLUTION NO. 97-53 ADOPTING A RESOLUTION OF INTENTION TO STUDY DEPT. HD. DRIVE-THRU RESTAURANTS CITY Al-l-Y. as* CITY MGR. RECOMMENDED ACTION: If the Council wishes to reconsider its previous adoption of the Resolution of Intention, its action is to move to reconsider Resolution No. 97-53. Provided this item is reconsidered, adopt either Resolution No. 99 - r7 q directing the Planning Director to study and make recommendations prohibiting drive-thru restaurants in all or portions of the City or adopt Resolution No. ct 7 @ Y 7r expanding the scope of alternatives available for study and recommendations to include prohibiting drive-thru restaurants in all or portions of the City. ITEM EXPLANATION: At its meeting of February 18, 1997, Council adopted Resolution of Intention No. 97-53 which initiated the zone code amendment process to study and recommend changes to the zoning ordinance to strengthen the City’s role in the review, approval, control and enforcement of drive-thru restaurants. Drive-thru restaurants are currently allowed in all non-residential zones in the City as a conditional use. Since the Council’s decision of February 18, 1997, the City has approved one drive-thru restaurant to be located on Palomar Airport Road of Paseo del Norte in the former Nurseryland site. The Planning Department has also received a preliminary application for a drive-thru restaurant proposed for a vacant parcel at the southeast corner of Tamarack and El Camino Real and has received inquiries about using the vacant pad at the existing Price Club site for a drive-thru restaurant. If the Council wishes to reconsider its previous action in view of subsequent events, then this agenda bill presents two alternatives. First, Resolution No. 93 M Yq y would direct the Planning Director to study the issue of whether or not drive-thru restaurants should be prohibited in all or portions of the City and to make his recommendations to the Planning Commission at a public hearing to be followed by the appropriate hearings before the City Council. Under this proposal, the Planning Director would not study conditional approval of drive-thru restaurants at this time, but instead a prohibition. Second, Resolution No. 9?c435 would expand the scope of the Planning Director’s study to include not only study and recommendations on conditional approval of drive-thru restaurants but their prohibition in all or certain parts of the City. FISCAL IMPACT: An expenditure of staff time will be required to complete the studies and process the zone code amendment. Anticipated time for the completion is approximately 8-10 months and will include Planning Commission, City Council and Coastal Commission (for the LCP amendment) review. EXHIBITS: 1. Resolution No. 97-53 2. Resolution No. Or 3 * 43 y 3. Resolution No.934 93 5 5 6 7 Pursuant to Section 21 S2.020 of the Carlsbad Municipal Code the City Counci 8 9 10 1; 12 13 14 .- 15 1s; 17 18 1; . 1 20 ! / 21 fr 23 2; 25 26 28 Exhibit 1 CITY COUNCIL RESOLUTION OF INTENTION NO. 97-53 A RESOLUTION OF THE GIN COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER A ZONE CODE AMENDMENT TO ESTABLISH VARIOUS FINDINGS AND CRITERIA FOR THE REVIEW AND APPROVAL OF FAST FOOD RESTAURANTS BE IT RESOLVED by the City Council of the City of Carlsbad, California that: If the City of Carlsbad hereby declares its intention to consider an amendment of Title 21 of he Carlsbad Municipal Code to: EstablishPa definition forfast food restaurants:and to :est?blish yarious findings and criteria within Section 21.42.010(5(N) to further st?en#hen the City’srole in the review, approval; control and. enfoccement.qf fqast food. restaurants. “Section 21.42:010(5)(N). currently $bws,drive-t&u -: ,, : ” business&-and facilitiesin all ,non-residential zones-in the-city via the Conditional Use Permit process: .,, -. : . ‘6’: / :. , , ‘, ._ The ‘l%nninb Director is diiected to study ‘ba;id~tim&idiiie’iit Biid , _I..~ ..“_ .,.. affer .’ _, ,. l*.;,..j. . . . appropriate study set the matter ior public hearing before the”knning.(%mmiski(k‘akd this , _, Xy Council. ” ’ .f’.s<.^ ..: ‘j:‘>. ! ,... -. ‘..-: j . ,. i <, .: . : _ .,, 1 _ r , PASSED, APPROVED AND ADOPTED at a regular meeting ‘oi’;he’City’Counc .- b i _, :-; ;, id 1: i 7,; .::.I: 1.. * . . , )f the City of Carlsbad held on the 18th day of February , 1997 by the : ..,‘.’ ,, I. .-; i-L . ,_ ,:,i ./ .,’ .- .; ~ ollowing.vqte, to wit: .,’ ‘. ; :. .’ ,, :’ b r ;. +$g: 1, ,_, Council Members Lewis; Fink.q,,.#ygaard, and Hall I_...’ _ 1,‘: ,. . . -N&& ip ABSENT: 'None ., 1. ( -' \LETHA L. RA. ‘..: \,;*, ’ ” a 1 ‘. RESOLUTION NO. 97-474 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER A ZONE CODE AMENDMENT PROHIBITING DRIVE-THRU RESTAURANTS IN 3 CERTAIN LOCATIONS OR THROUGHOUT THE CITY 4 5 BE IT RESOLVED, by the City Council of the City of Carlsbad, California that: 6 Pursuant to section 21.52.020 of the Carlsbad Municipal Code, the City Council 7 of the City of Carfsbad hereby declares its intention to consider an amendment of Title 21 of 8 the Carlsbad Municipal to: 9 10 Amend section 21.42.010(5)(N) to prohibit drive-thru restaurants in all non-residential zones in the City or portions thereof. 11 The Planning Director is further directed that until these studies are completed 9 12 a % nd recommendations are received from him and the Planning Commission, all applicants for mum 327 %Bs” 13 drive-thru restaurants shall be required to sign an acknowledgment of pending and proposed OWgj a& 14 328 changes for drive-thru restaurants (attached hereto as Exhibit “A”). I? u;iQ 15 6b!i20s 16 aaa0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci gij 7r 2% 17 of the City of Carlsbad held on the 3rd day of June , 1997 by the following u ” 1 8 vote, to wit: 19 20 21 AYES: Council Members Lewis, Nygaard and Kulchin NOES: Council Members Finnila and Hall 22 23 24 ABSENT: None 27 &!L&.- A. pa- 28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) II 4 - Exhibit 3 CITY COUNCIL RESOLUTION OF INTENTION NO. 97-475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER A ZONE CODE AMENDMENT TO ESTABLISH VARIOUS FINDINGS AND CRITERIA FOR THE REVIEW AND APPROVAL OF FAST FOOD RESTAURANTS : BE IT RESOLVED by the City Council of the City of Carlsbad, California that: Pursuant to Section 2132.020 of the Carlsbad Municipal Code the City Council of the ity of Carlsbad hereby declares its intention to consider an amendment of Title 21 of the arlsbad Municipal Code to: 1 2 3 4 5 6 7 a 9 10 11 la 19 20 21 22 23 24 25 26 27 28 Establish a definition for fast-food restaurants and establish various findings and criteria within Section 21.42.010(5(N) to further strengthen the City’s role in the review, approval, control and enforcem non-residential Until these stu nts as it appears substantially a regular meeting of the City Count 1997 by the following ABSENT: CLAUDE A. LEWIS, Mayor LETHA L. RAUTENKRANZ, City Clerk 1 - NOTICE OF ACKNOWLEDGMENT OF PENDING AND PROPOSED CHANGES FOR DRIVE-THRU RESTAURANTS The City Council of the City of Carlsbad adopted Resolution No. at its meeting of directing the Planning Director to study the issue and make recommendations on the prohibition of drive-thru restaurants in certain locations or throughout the City and to bring those studies and recommendations forward and to hold the necessary public hearings before the Planning Commission which will consider these studies and recommendations. The City Council will then act on these matters and decide whether or not such changes are necessary and appropriate in accordance with the best interests of the citizens of Carlsbad. This process is expected to be completed within the next 12 months. If you have any questions, please contact the Planning Director at 438-l 161. I have read and acknowledge this notice and as the applicant or applicant’s representatives for a drive-thru restaurant. DATED: Signature Print Name EXHIBIT “A”