HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55491
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PLANNING COMMISSION RESOLUTION NO. 5549
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT OF THE GENERAL PLAN TO CHANGE THE
LAND USE DESIGNATION FROM “RH” (HIGH DENSITY
MERCIAL) ON PROPERTY AT 3878 CARLSBAD
BOULEVARD IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME:
CASE NO: GPA 0 1-04
RESIDENTIAL) TO “T-R” (TRAVELRECREATION COM-
VIGILUCCI’S SEAFOOD & STEAKHOUSE
WHEREAS, the Planning Director, “Applicant,” as directed by City Council
Resolution No. 2001-72, has filed a verified application regarding property owned by Roberto
Vigilucci, “Owner,” described as
Parcel 1 of Parcel Map No. 3713, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, April 21, 1975 as File No. 75-
092233 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “GPA 01-04” dated January 21,2004, attached hereto and on
file in the Planning Department VIGILUCCI’S SEAFOOD & STEAKHOUSE - GPA 01-04
as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of January 2004 and
on the 4th day of February 2004 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 Commission considered all factors
relating to the General Plan Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
HOUSE - GPA 01-04, based on the following findings and condition:
RECOMMENDS APPROVAL of VIGILUCCI’S SEAFOOD & STEAK-
FindinPs:
1.
2.
3.
4.
The subject property’s location next to the beach and along major roads clearly fit
the description of a T-R designated property according to the General Plan Land
Use Element’s definition of the T-R designation.
The application of T-R to the subject property, which has long served the adjacent
beach and residential areas with eating establishments, is consistent with the
General Plan, including the following parts of the Land Use Element:
a. Overall Land Use Objective B.1, which states, “TO create a distinctive sense
of place and identity for each community and neighborhood of the City
through the development and arrangement of various land use components.”
b. Commercial Goal A.4, which states, “A City that promotes recreational and
tourist-oriented land uses which serve visitors, employees of the industrial
and business centers, as well as residents of the city.”
The proposed T-R land use designation is in conformance with the Circulation
Element in that it would be applied to property that is already fully developed with
an existing restaurant use that is appropriate under the T-R designation and for
which a conditional use permit is being sought. Therefore, no additional traffic
impacts to surrounding streets would result from the project. In addition, the
proposed valet parking plan, compared to self-parking, increases on-site
maneuverability and the number of available parking spaces and provides
controlled regulation of vehicles entering and leaving the property.
The proposed change to the commercial T-R designation is in conformance with the
Housing Element in that the change will not conflict with objectives to provide
adequate housing to accommodate projected growth in the City. Since the T-R
designation does not allow residential uses, the six homes that potentially could be
built on the property under the existing RH designation and at the Growth
Management Control Point (GMCP) of 19 du/ac will be added to the City’s Excess
Dwelling Unit Bank. The GMCP was used for calculating the City’s compliance
with Government Code Section 65584. However, consistent with Program 3.8 of the
City’s Housing Element, all of the dwelling units which were anticipated toward
achieving the City’s share of the regional housing need that are not utilized by
developers in approved projects are deposited in the City’s Excess Dwelling Unit
Bank. These excess dwelling units are available for allocation to other projects.
Accordingly, there is no net loss of residential unit capacity and there are adequate
PC RES0 NO. 5549 -2-
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properties identified in the Housing Element allowing residential development with
a unit capacity, including second dwelling units, adequate to satisfy the City’s share
of the regional housing need.
5. That the Planning Director has determined that it can be seen with certainty that there is
no possibility that the project may have a significant effect on the environment in that the
proposed T-R designation would be applied to property that is already fully
developed with an existing restaurant use and only minor modifications are being
made.
Condition:
1. This approval is granted subject to the approval of LCPA 01-07 by the California
Coastal Commission.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of February 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Segall
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
75%h%JMd
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. WLZM~LER
Planning Director
PC RES0 NO. 5549 -3-
January 21,2004
G.P. Map Designation Change
Property: From: To:
204-253-20 RH T-R
GENERAL PLAN MAP CHANGE
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
GPA: 01-04
draft final 0
Proiect Name: VIGILUCCI’S SEAFOOD & STEAKHOUSE I Related Case File No(s): LCPA 01-O7/CUPO2- I 19/CDP02-34
Property/Legal Description(s):
Parcel 1 of Parcel Map No. 3713, in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, April 21, 1975
as File No. 75-092233 of Official Records.
Attach Additional pages if necessary I