City council took no ordinance action on drive-through ban; applicants may pursue zoning amendments case-by-case, planners say

City planning staff told the Carlsbad Planning Commission on May 7 that the City Council considered but did not direct a citywide change to the existing ban on new drive-through restaurant facilities. As a result, staff said, private applicants who wish to pursue a new drive-through may submit a zoning-ordinance amendment and associated permits on a site-specific basis; any ordinance change would require a legislative action by the City Council.

City Planner Lardy explained the council "did not receive any direction to initiate a zoning ordinance amendment to reverse the prohibition on new drive through restaurants." He said that means "a private applicant could submit a zoning ordinance amendment themselves as well as a conditional use permit and proceed with a site specific drive through restaurant proposal. So if one was submitted and moved forward, it would come to the planning commission for recommendation," and the City Council would be the final decision maker on any zoning change.

Staff emphasized the change is procedural: nothing in the council action guarantees approval of any individual proposal. Commissioner Foster asked whether the council-level action would be quasi-judicial for a site-specific case; staff clarified that an ordinance amendment is a legislative action and would be decided by the council following the commission’s recommendation.

Planning staff said they will provide additional guidance to the commission and public if applicants submit proposals and that any such applications will be processed on a case-by-case basis.