The URL can be used to link to this page

Home My WebLink AboutRP 08-41A; Vigilucci's Market; Redevelopment Permits (RP)~· (~~CITY OF '¥CARLSBAD Community & Economic Development January 8, 2015 Bart M. Smith DZN Partners 682 Second Street Encinitas, CA 92024 www.carlsbadca.gov SUBJECT: ADMINISTRATIVE REVIEW PERMIT NO. RP 08-41(A) -VIGILUCCIS MARKET-Request for approval of an Administrative Review Permit amendment (MCUP 08-41(A)) to remove condition number three (3) which prohibits table and chairs, both inside and outside, for dining purposes at Vigilucci's Market located at 2943 State Street, in District 1 of the Village Review Zone and Local Facilities Management Zone 1. Dear Mr. Smith, The City Planner has completed a review of your application for an Administrative Review Permit amendment RP 08-41(A) to remove condition number three (3) which prohibits tables and chairs, both inside and outside, for dining purposed at 2943 State Street. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on January 2, 2015). After careful consideration of the drcumstances surrounding this request, the City Planner has determineJ that the four findings required for granting an Administrative Review Permit Amendment can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the market and deli provides a service that addresses the commercial needs of this segment of the Village community. 2. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the site was previously developed with a retail use which has the same parking requirement as a market/delicatessen and there are no anticipated impacts to the surrounding commercial and residential uses. 3. That the total cost of the proposed development is less than $60,000. 4. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303, Class 3, of the State CEQA Guidelines as the project involves the conversion of an existing small structure from 011e use to another where only minor modifications are made to the structure and will not have any adverse significant impacts on the environment. · ·· Planning Division ~t'~~==~~~~~~~~~~~~~~~~~~-----------. "':' · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 RP 08-41{A)-VIGILUCCIS MARKET January 8, 2015 Page 2 5. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damagesfor their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Administrative Review Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the RP 08-41A documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and ·representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from {a) City's approval and issuance of this Administrative Review Permit, {b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and {c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 4. This Administrative Review Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 5. Within 30 days of the date of this approval letter, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Administrative Review Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. RP 08-41(A)-VIGILUCCIS MARKET January 8, 2015 Page 3 6. Developer shall report, in writing, to the City Planner within 30 days, any address change :rom that which is shown on the permit application. 7. The use shall be conducted according to, and be consistent with, the Administrative Review Permit application and site/floor plan approved by the Housing and Redevelopment Director. The premises shall at no times operate as a restaurant. 8. The use shall be operated in a manner that is consistent with the project description provided by the applicant and contained within this approved permit. Any changes to the operations of the subject facility or provision of intended services shall require prior written approval by the City Planner. Certain changes to the proposed use may require an amendment to the approved permit. 9. The on-site commercial kitchen facilities shall be for preparation for catering and take-out food items only. 10. A separate sign permit shall be required prior to the installation of any signs advertising the proposed use. 11. Before engaging in the proposed use, the applicant shall obtain the appropriate business license from the City of Carlsbad. Code Reminders: 12. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.