HomeMy WebLinkAbout1997-09-17; Design Review Board; Resolution 2581
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DESIGN REVIEW BOARD RESOLUTION NO. 258
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO
ESTABLISH A VILLAGE REDEVELOPMENT PROHIBITION
ON DRIVE-THRU RESTAURANTS.
CASE NAME: DRIVE-THRU RESTAURANT PROHIBITION
CASE NO: ZCA 97-03
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 and
the Village Redevelopment area
be prepared; and
WHEREAS, the Design Review Board did on the 17th day of September 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 Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of Zone Code Amendment ZCA 97-03,
according to Section XI of Exhibit “X”, dated September 17,1997, attached
to Planning Commission Resolution No. 4163 and hereby incorporated by
reference, hereby incorporated by reference, based on the following findings,
and subject to the following conditions:
Findinm:
1. That the proposed Zone Code Amendment implements City Council Resolution No.
97-474 as approved on June 3,1997.
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2. That the proposed Zone Code Amendment will effectively establish a Citywide
prohibition on Drive-thru 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 cumulative traffic,
noise, litter, aesthetic and air quality impacts. The proposed zone code amendment
will also further promote the pedestrian oriented objectives of the Redevelopment
area as contained in the Village Design Manual.
3. That the proposed Zone Code Amendment is consistent with the following
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:
Land Use Element Policy C.5 - requires that commercial developments provide a
variety of courtyards and pedestrian ways, bicycle trails, landscaped parking lots,
and the use of harmonious architecture in the construction of buildings.
Air Quality Mitigation Measure #11 - requires the control of nuisance factors in
non-residential developments such as noise, smoke, dust, odor and glare.
Air Quality Mitigation Measure #25 - encourages pedestrian circulation in
commercial areas through the provision of convenient parking facilities, increased
sidewalk width, pedestrian-oriented building designs, landscaping, street lighting
and street furniture.
4. That 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.
Conditions:
1. Approval and implementation of ZCA 97-03 is based on the approval of ZCA 97-02,
LCPA 97-01 and LCPA 97-07 including final Coastal Commission approvals.
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DRB RES0 NO. 258 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, he1
following vote, to wit:
AYES: None
on the 17th day of September
NOES: Chairperson We-,llons, Board lembers Marquez an1
ABSENT:
ABSTAIN: None
Board Members Compas and Scheer
KIM WELSHONS, Chairperson
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
Acting Housing and Redevelopment Director
DFE? RES0 NO. 258 -3 -
1997, by the
Savary