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HomeMy WebLinkAbout1998-01-06; City Council; 14494; Drive-Thru Restaurant Prohibition. IM CITY COUNCIL iiD HOUSING AND REDEVELuPMENT COMMISSION CITY OF CARLSBAD - AGENDA BILL AB# jl?qqLt TITLE- DRIVE-THRU RESTAURANT PROHIBITION -’ DEPT. HD. ZCA 97-02/LCPA 97-Ol/ZCA 97-03/LCPA 97-07 MTG. 12/16/97 CITY ATTY. DEPT. CM CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No. N5 -U3’i and adopt Housing and Redevelopment Commission Resolution No. 29 / and City Council Resolution No. 9 r) - ?a5 prohibiting drive-thru restaurants throughout the City. ITEM EXPLANATION: At a joint meeting on December 2, 1997, the City Council and the Housing and Redevelopment Commission voted 3-2 (Hall and Finnila) to direct the City Attorney to return with documents prohibiting drive-thru restaurants throughout the City. Those documents are attached for your review and adoption. They consist of the Ordinance defining and prohibiting drive-thru restaurants in all zones of the City, the Resolution of the Housing and Redevelopment Commission amending the Local Coastal Program for the Village Redevelopment Area, and City Council Resolution amending the remaining various Local Coastal Program segments prohibiting drive-thru restaurants. A redline/strikeout version of the Ordinance is attached as Exhibit 2 in order that the changes can be readily reviewed. Provided these documents accurately reflect your intentions in this matter, your action is to introduce Ordinance No. NS-Y~? Resolution No. 29 / and adopt Housing and Redevelopment Commission and City Council Resolution No.93~ !),&5i prohibiting drive-thru restaurants in the City of Carlsbad. FISCAL IMPACT: There will be an unknown future fiscal impact resulting from this prohibition, the amount of which depends on the alternative land uses actually developed and the resulting sales tax. There will also be a fiscal impact resulting from expenditures of staff time required to complete the processing of documents before the Coastal Commission. ENVIRONMENTAL IMPACT: The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per section 15061(b)(3) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Section 15061 (b)(3) exempts projects which can be seen with certainty, will have no possibility of having a significant effect on the environment. Regulations which prohibit drive-thru restaurants qualify for this exemption, because they prohibit a land use that has the potential to have adverse impacts on traffic circulation, aesthetic quality, land use compatibility, etc. Therefore, a Notice of Exemption will be issued by the Planning Director. EXHIBITS: 1. Ordinance No. NS* 43 4 2. Redlined/Strikeout Version of Ordinance 3. City Council Resolution No. 9’?- ?As 4. Housing and Redevelopment Commission Resolution No. 29 ! 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. NS-439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO DEFINE AND PROHIBIT IN ALL ZONES. DRIVE-THRU RESTAURANTS WHEREAS, on June 3, 1997, the City Council adopted Resolution No. 97-474 directing the Planning Director to prepare a potential prohibition of drive-thru restaurants from all zones in the City; and WHEREAS, the Planning Commission and Design Review Board held a duly noticed joint public hearing on September 17, 1997 as prescribed by law to consider said prohibition; and . WHEREAS, the City Council did on December 2, 1997 hold a duly noticed public hearing as prescribed by law to consider said prohibition; and WHEREAS, the City Council finds there are sufficient drive&-u restaurants in the City to serve existing and future needs at this time; and WHEREAS, further expansions and approvals of drive-thru restaurants do not ensure safe traffic circulation and can lead to traffic congestion, circulation and parking problems; and WHEREAS, drive-mm restaurants may be detrimental to the quality of life, including the scenic quality of life in the City of Carlsbad, and otherwise inconsistent with its general welfare; and WHEREAS, the Council finds that drive&t-u restaurants do not protect the residential character of the community; and WHEREAS, this action does not deny a landowner other reasonable, proper, lawfi.tl and economic uses of that property; and 1 II - - 1 WHEREAS, it is not the intent of the City Council to restrict, amend or prohibit 2 other lawful uses which may exist on a larger parcel, a portion of which contains a drive-mm 3 restaurant; and 4 5 WHEREAS, the City Council does not intend this action to affect or impact existing lawful drive-thru restaurants; and 6 WHEREAS, it’will further allow the City Council to determine at a later date 7 8 whether or not it is necessary or desirable to review, modify or amend this prohibition, 9 NOW, therefore, the City Council of the City of Carlsbad, California, does ordain 10 as follows: . 11 SECTION 1: That Title 21, Chapter 21.04, Section 21.04.109 is added to the 12 II Carlsbad Municipal Code to read as follows: 13 14 15 16 17 18 19 “2 1.04.109. Drive&u Restaurant. “Drive&u Restaurant” means a restaurant that has a drive&u lane to serve customers in motor vehicles.” SECTION 2: That Title 2 1, Chapter 21.26, Section 2 1.26.010(22) is amended to read as follows: “21.26.010(22k (22) Restaurants (excluding drive-&u restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor);” 20 SECTION 3: That Title 21, Chapter 21.26, Section 21.26.020( 1) is amended to 21 read as follows: 22 “2 1.26.020(l). I (1) All uses shall be conducted wholly within a building except such uses as 23 gasoline stations, electrical transformer substations and nurseries for sale of plants and flowers 24 and similar enterprises customarily conducted in the open;” 25 II SECTION 4: That Title 21, Chapter 21.27, Section 21.27.030(4) is amended to I 26 read as follows: “21.27.030(41. -2- 13 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 - - (4) Restaurants (except drive-thru Restaurants);” SECTION 5: That Title 21, Chapter 21.27, Section 21.27.030(6) is amended to read as follows: “2 1.27.030(6). (6) Drive-thru facilities (except drive-thru restaurants);” SECTION 6: That Title 21, Chapter 21.28, Section 21.28.020(l) is amended to read as follows: “21.28.020(l). (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations and horticultural nurseries, and similar enterprises customarily conducted in the open.” . SECTION 7: That Title 21, Chapter 21.29, Section 21.29.030(3) is amended to read as follows: “21.29.030(3). (3) Restaurants (with the exception of drive-&u restaurants);” SECTION 8: That Title 21, Chapter 21.29, of the Carlsbad Municipal Code is amended by the deletion of subdivision (5) and renumbering of subdivision (6) to subdivision (5) 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 amended to read as follows: “21.30.020(2). (2) All uses shall be conducted wholly within a completely enclosed building, or within an area enclosed on all sides with a solid wall or uniformly painted fence not less than five feet in height, except such uses as gasoline stations, electrical transformer substations and horticultural nurseries, and similar enterprises customarily conducted in the open, provided such exclusion shall not include storage yards, contractor’s yards and like uses;” SECTION 10: That Title 21, Chapter 21.34, Section 21.34.030(l) is amended to read as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . . . 19 20 21 22 23 24 25 26 27 28 “21.34.030(l). (1) Eating and drinking establishments (with the exception of drive-mm restaurants)” SECTION 11: That Title 21, Chapter 21.35, Section 21.35.020 is amended to read as follows: “21.35.020. Incorporation of redevelopment nlan and village master nlan and design manual bv reference. The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City Council Ordinance No. 9591 on July 2 1, 1971, and the Village Master Plan and Design Manual as adopted by Carlsbad Housing and Redevelopment Commission Resolution No. 271 on November 21, 1995, and modified by Carlsbad Housing and Redevelopment Commission Resolutions No. 280 on August 13, 1996, and No. 291 , are hereby adopted by reference and incorporated into this chapter.” SECTION 12: That Title 21, Chapter 21.42, Section 21.42.010(5)(N) is amended to read as follows: “21.42.010.(5)0& (N) Drive&m business or drive-&m facilities to existing businesses except drive- thru restaurants which are prohibited from all zones in the City including coastal zone properties. The drive&m restaurant prohibition applies Citywide to all existing and proposed specific plans, master plans, and related amendments. Drive&r-u restaurants that are either existing or have received final approvals on the effective date of this ordinance are allowed to continue in existence subject to the terms and conditions of this Code and the Conditional Use Permit or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -4- 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 other discretionary permit permitting them and may apply for and may be granted CUP extensions under this Code.” EFFECTIVE DATE: The 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 a newspaper of general circulation within fifteen days after its adoption, except that, I$ necessary, within the Coastal Zone the effective date of this ordinance shall be the date of&al Coastai Commission approval of this ordinance. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 16th day of December 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of January , 19% by the following vote, to wit: : AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ’ ALETHA L. RAUTENKRANZ, City Clerk (SJ=U -5- - - 21,04.109: C&be-thru Restaurant. “Drive-thru Restaurant” means a restaurantthat has a driie-thru fane to serve customers in motor vehicles. 21.26.010 (22) Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor); 21.26.020 (1) All uses shall be conducted wholly within a building except such uses as . . m gasoline stations, electrical transformer substations and nurseries for sale of plants and flowers and similar enterprises customarily conducted in the open; uses 21.27.030 (4) Restaurants (except drive&hru restaurants); 21.27.030 (6) Drive-thru facilities (exceptdrive-thru restaurants) 2 1.28.020 (1) All uses shall be conducted wholly within an enclosed building except such as rlr;\rn 9 gasoline stations, electrical transformer substations and horticultural nurseries, and similar enterprises customarily conducted in the open. 21.29.030 (3) Restaurants (with the exception of drive-thru restaurants); 21.29.050 . . (5) c :: rlr;\ 3 @j Bed and breakfast uses. 21.30.020 (2) All uses shall be conducted wholly within a completely enclosed building, or within an area enclosed on all sides with a solid wall or uniformly painted fence not less than five feet in height, except such uses as drive In ~XS&HW% gasoline stations, electrical transformer substations and horticultural nurseries and ‘similar enterprises customarily conducted in the open, provided such exclusion shall not include storage yards, contractor’s yards and like uses; 21.34.030 (1) Eating and drinking establishments (with the exception of drive-thru restaurants) h 21.35020 Incorporation of redevelopment plan and villaoe master elan and desian manual bv reference. The Carlsbad Vvillage Aerea Rredevelopment Pplan as adopted by Carlsbad Ceity Ceouncil Ordinance No. 9591 on July 21, 1971, and the Vvillage Mmaster Pplan and Ddesign Mmanual as adopted by Carlsbad Hhousing and Rredevelopment Ceommission Resolution No. 271 on November 21, 1995, and modified by Carlsbad Hhousing and Rredevelopment Ceommission Resolution No. 280 on August 13, 1996, and are hereby adopted by reference and incorporated into this chapter. 21.42.01 O(5) (N) Drive-thru tough business or drive-thru threqh facilities to existing businesses except drive-thru restaurants which are prohibited from al! zones in the City including coastal zone properties. The drive-thru restaurant prohibition appfies Citywide to all existing and proposed specific plans, master plans, and related amendments. Drive-thru restaurants that are either existing or have received final approvals on the effective date of this ordinance are allowed to continue in existence subject to the terms and conditions of the Code and the Conditional Use Permit or other discretionary permit permitting them and may apply for and may be granted CUP extensions under this Code. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 291-e A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM ESTABLISHING A PROHIBITION ON DRIVE-THRU RESTAURANTS IN THE VILLAGE REDEVELOPMENT AREA AND LCP SEGMENT OF THE CITY’S COASTAL ZONE CASE NO. LCPA 97-07 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Village Redevelopment segment of the Carisbad Local Coastal Program, in that a change to the Village Master Plan and Design Manual is necessary to implement a Citywide prohibition on Drive-thru restaurants. The proposed change will clearly designate drive-thru food service uses as a prohibited use throughout the Village Redevelopment area; and WHEREAS, the proposed amendment to the Village Redevelopment segment of the Carlsbad Local Coastal Program is required to establish the drive-thru prohibition for this portion of the City; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad has determined that an amendment to the City’s Local Coastal Program (LCP) is necessary and appropriate for all properties located in the Village Redevelopment Segment of the LCP prohibiting drive-thru restaurants; and WHEREAS, the proposed amendment to the Village Master Plan and Design Manual, constitute a request for a Local Coastal Program Amendment as shown on Exhibit “Z” dated September 17, 1997, attached hereto, and as set forth in Section 11 of Ordinance No. NS-439 , as provided in Public Resources Code 1 2 3 4 5 6 7 a 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulation (the California Coastal Act Administrative Regulations); and WHEREAS, the Design Review Board did on the lp day of September 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Housing and Redevelopment Commission did on December 2, 1997, 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 testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the City Council finds there are sufficient drive-thiu restaurants in the City to serve existing and future needs at this time; and WHEREAS, further expansions and approvals of drive-thru restaurants do not ensure safe traffic circulation and can lead to traffic congestion, circulation and parking problems; and WHEREAS, drive-thru restaurants may be detrimental to the quality of life, including the scenic quality of fife in the City of Carlsbad, and otherwise inconsistent with its general welfare; and WHEREAS, the Council finds that drive-thru restaurants do not protect the residential character of the community; and 2 1 2 3 4 5 6 7 a 9 10 11 12 9 gj 3gm -I- ‘; %B 8 13 VW8 dk(3" SOSS 14 .g='z arg> 9 09 &@ 15 0 B$d,- 0a 16 i= 0s ag!J g-3 l7 B 18 19 20 21 22 23 24 25 26 27 20 I - WHEREAS, this action does not deny a landowner other reasonable, proper, lawful and economic uses of that property; and WHEREAS, it is not the intent of the City Council to restrict, amend or prohibit other lawful uses which may exist on a larger parcel, a portion of which contains a drive-thru restaurant; and WHEREAS, the City Council does not intend this action to affect or impact existing lawful drive-thru restaurants, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. W At the end of the State mandated six week review period, starting on July 24, 1997, and ending on September 4, 1997. No public comments were received. That based on the evidence presented at the public hearing, the Housing and Redevelopment Commission APPROVES LCPA 97-07 and amends section II entitled Land Use of the Village Master Plan and Design Manual by the replacement of a portion of the land use chart, page 2-27, as shown in Exhibit “Z”, attached hereto and incorporated herein by reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . .m. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 - h PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City of Carlsbad Housing & Redevelopment Commission and City Council of the City of Carlsbad, California on the 16th day of December , 1997, by the following vote, to wit: AYES: Commissioners Lewis, Npgaard, and Kulchin NOES: Commissioners Finn ABSENT: None - EXHIBIT “Z” September q7,1997 Section II Land Use of the Village Master Plan and Design Manual is amended by the replacement of a portion of the Land Use Chart, page 2-27 as attached. + 9 m ‘n’ Pi g ,‘ x 5s”. ‘g aI .3 a a-o, .E * e 89 P a E- E’E .Y $ 3:. da4 fQx = -=j .% -- ‘5 * .$ &$ s E 2-a k .s 0 g :& d-w 5 -8 .‘: i. $ s! II x 3 B 1 II a 5 a 8 .C -5 e p. II 0 . 5 w .i 6! II a . . .Y z u 2 E x Y F” r 3 I ’ i. i. i 1. I t. I X x I --I- x x x I x M XX . . . . FT * . 3 T ii% iis Q 88 35 X X 0 X X x x x f 5n SE IEP ES 0” a % E s Y X b 0 3 0 = 0 x H X T X x X 0 x I -L 0 x PP ‘t g, ’ mf 2: WP’ % !I 3 *a % PC * t 3 4 OS= 1 2 3 4 5 6 7 8 9 10 11 18 request; and 19 20 21 22 23 24 25 26 27 28 testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors relating to the Zone Code Amendment; and noticed public hearing as prescribed by law to consider said prohibition; and Council Resolution No. 97-474 as approved on June 3,1997; and - RESOLUTION NO. 97-725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO ESTABLISH A PROHIBITION ON DRIVE-THRU RESTAURANTS IN THE CITY’S COASTAL ZONE OUTSIDE THE VILLAGE REDEVELOPMENT AREA AND LCP SEGMENT WHEREAS, California state law requires that the Local Coastal. Program, General Plan and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the Planning Director has determined that a Zone Code Amendment to: Prohibit Drive-thru Restaurants as an allowed land use from all zoning districts in the City including all coastal zone properties outside the Village Redevelopment area. be prepared; and WHEREAS, the Planning Commission did on the lp day of September 1997, hold a duly noticed public hearing as prescribed by law to consider said WHEREAS, at said public hearing, upon hearing and considering all WHEREAS, the City Council did on December 2, 1997 hold a duly WHEREAS, the proposed Zone Code Amendment implements City 1 2 3 4 5 6 7 0 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the proposed Zone Code Amendment will effectively establish a Citywide prohibition on Drive-thou Restaurants in all zoning districts including the City’s coastal zone area and Village Redevelopment area. Such uses can have an adverse impact on public health, safety and welfare through potential 1 cumulative traffic, noise, litter, aesthetic and air quality impacts. The proposed zone i code amendment will also further promote the pedestrian oriented objectives of the ~ Redevelopment area as contained in the Village Design Manual; and WHEREAS, the proposed Zone Code Amendment is consistent with the implementing policies of the General Plan and Mitigation Measures of the Master EIR conducted for the General Plan Update of 1994 which are designed to de- emphasize motor vehicle use and other nuisance factors while emphasizing pedestrian circulation; and WHEREAS, the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15061 (b)(3). of the State CEQA Guidelines and will not have any adverse significant impact on the environment; and WHEREAS, the Council further finds that there are sufficient existing drive-thru restaurants to accommodate the needs of the citizens of Carlsbad for the foreseeable future and no new drive-thou restaurants are needed. It will further allow the City Council to determine at a later date whether or not it is necessary or desirable to review, modify or amend this prohibition; and WHEREAS, further expansions and approvals of drive-thru restaurants do not ensure safe traffic circulation and can lead to traffic congestion, 2 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 circulation and parking problems; and WHEREAS, drive-thru restaurants may be detrimental to the quality of life, including the scenic quality of life in the City of Carlsbad, and otherwise inconsistent with its general welfare; and WHEREAS, the Council finds that drive-thru restaurants do not protect the residential character of the community; and WHEREAS, this action does not deny a landowner other reasonable, proper, lawful and economic uses of that property; and WHEREAS, it is not the intent of the City Council to restrict, amend or prohibit other lawful uses which may exist on a larger parcel, a portion of which contains a drive-thru restaurant; and WHEREAS, the City Council does not intend this action to affect or impact existing lawful drive-thru restaurants, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Cat&bad, California as follows: A) That the foregoing recitals are true and correct. B) That the various LCP segments regarding drive-thru restaurants as set forth in Exhibit “Y” dated September 17, 1997 attached hereto and incorporated herein, are approved. . . . . . . . . . . . . . . . 9 10 11 12 2 g muJ.3 YZ-; 13 %X 3 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad, California on the 16th day of December , 1997, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, and Kulchin NOES: Council Members Finnila and Hall ABSENT: None ATTEST: . &R.icba ALETHA L. RAUTENKRANZ, CITY CL&K EXHIBIT “Y” September 17,1997 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 I,2 and 3, to read as follows: Section 1 (Standard Pacific), add a new policy: “Policy 6 - Drive-&u 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- S 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 (Ranch0 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 II The Mello II Land Use Plan is amended by the addition of new policy language to Section No. 1 (Allowable Land Uses) to read as follows: “Policy 1-3 Drive-thru Restaurant Prohibition Drive-thru Restaurants are prohibited as an allowable land use. ” Aqua 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 1. I I Drive-thru Restaurants are prohibited as an allowable land use. ” East Batiauitos Lagoon The East Batiquitos Lagoon Land Use Plan is amended by the addition of new policy language to Section B. 1 (Land Use Categories), subsection (l)(a)2) to read as follows: “Commercial portions of Planning Areas 10 and 11 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. ” 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: “(c) Drive-thru Restaurants are prohibited as an allowable land use. ” West Batiauitos 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 Carl&ad 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. ”