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HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55511 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 PLANNING COMMISSION RESOLUTION NO. 5551 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE AN EXISTING RESTAURANT ON PROPERTY GENERALLY LOCATED AT 3878 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: VIGILUCCI’S SEAFOOD & STEAKHOUSE CASE NO.: CUP 02- 19 WHEREAS, Roberto Vigilucci, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property 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 Conditional Use Permit as shown on Exhibits “A” - “G” dated January 21, 2004, on file in the Carlsbad Planning Department, VIGILUCCI’S SEAFOOD & STEAKHOUSE - CUP 02-19, as provided by Chapter 21.42 and/or 21.50 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 CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission HOUSE - CUP 02-19, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of VIGILUCCI’S SEAFOOD & STEAK- Findinm: 1. That the requested use, which is an existing restaurant, is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that: a. Retaining the commercial use of the property and establishing a conditional use permit for the existing restaurant are actions (1) supported by the public as evidenced in the public hearings for Zone Change 99-08 and Local Coastal Program Amendment 00-01, and (2) found worthy of consideration by the Planning Commission (as expressed in Resolution 4892) and City Council (as expressed in Resolution 2001-72); The use and property on which it is located are compatible with the T-R (TraveURecreation Commercial) General Plan designation proposed to be assigned to the property as part of GPA 01-04 and LCPA 01-07, considering the property’s location along major streets and proximity to the beach, and; The conditional use permit and recommended conditions will ensure the restaurant use operates consistently with General Plan Land Use Element Commercial Policy C10, which states, “encourage commercial recreation or tourist destination facilities, as long as they protect the residential character of the communi ty...” b. c. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that Vigilucci’s Seafood and Steakhouse is an existing use and the site on which it is located is fully developed. The site cannot accommodate the parking required by the existing use, and the existing parking does not meet all required dimensional standards; however, Zoning Ordinance Section 21.42.070 allows flexibility in applying parking standards in such cases through the conditional use permit process and related findings and conditions. Furthermore, the approved outdoor dining does not create additional parking demand as it will add no additional restaurant seating. A condition of approval establishes a maximum number of 125 seats for the restaurant, bar and outdoor dining. This is the same seating maximum established for previous restaurants on the property. Restaurant customers over the years have parked and can continue to park in the surrounding neighborhood. Also, the restaurant serves residents in the surrounding neighborhood and beachgoers, some of whom walk instead of drive to the restaurant. PC RES0 NO. 5551 -2- 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 A valet parking plan conditioned by this permit will maximize the available on-site parking spaces and provide necessary on-site vehicle maneuvering room and emergency vehicle access. Screening of the parking lot from surrounding uses and streets is adequately achieved by the existing building and existing and proposed landscaping. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that a trash enclosure and small area of landscape screening are adequate to adjust the existing use to its surroundings. Further, the restaurant’s front and side setbacks comply with zoning requirements and its rear setback was in conformance with zoning requirements before the adjacent property to the north was rezoned from commercial to residential in 2001. 4. That the street system serving the existing use for which the conditional use permit is requested is adequate to properly handle all traffic generated by the existing use. Based on recent traffic surveys conducted between 2000-2003, the levels of service on Tamarack Avenue and Carlsbad Boulevard and at the intersection of both streets are acceptable and meet city requirements. In addition, the average daily traffic on both streets is well below each street’s design capacity. Furthermore, the conditioned valet parking plan incorporates an on-site vehicle maneuvering area, which should improve the ability of cars entering and leaving the restaurant parking lot and lessen traffic conflicts and congestion on Tamarack Avenue. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 - (permitting of existing private structures involving negligible or no expansion of use beyond that existing at the time of the Planning Director’s determination) of the state CEQA Guidelines. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to one of the following, whichever occurs first: (1) issuance of a building permit, (2) approval of an encroachment agreement for the installation of any private improvements in the public right-of-way, or (3) within seven months of the effective date of this approval. 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; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No PC RES0 NO. 555 1 -3- 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 2. 3. 4. 5. 6. 7. vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. DeveloperDperator 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 Conditional Use 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) DeveloperDperator’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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to Planning Department reproducible 24” x 36” mylar copies of exhibits “A” - “G”, reflecting the conditions approved by the final decision making body. This Conditional Use Permit is granted for a period of five (5) years from the date this approval becomes effective, which shall be the date this Conditional Use Permit is approved by the City Council. This permit may be revoked at any time aAer 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. This permit may be extended by the Planning Commission for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions, which will eliminate or substantially reduce such effects. There PC RES0 NO. 5551 -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 is no limit to the number of extensions the City Council may grant. Any extension of this Conditional Use Permit shall be subject to public notice and hearing. 8. This Conditional Use Permit shall be reviewed by the Planning Director, and a report made to the Planning Commission at a noticed public hearing within seven (7) months of the effective date of this approval, and shall be reviewed annually thereafter, to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 9. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is fbrther aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance andor resolution, then the Developer, or hishedtheir successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. 10. The Developer 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit, by Resolution No. 5551, on the property. 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 Planning Director 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 Developer or successor in interest. 11. The Developer shall construct a trash receptacle enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacle shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the building to the satisfaction of the Planning Director. 12. Within two weeks of the effective date of this approval, the developer shall submit a floor plan (1) showing a total 125 seats in the restaurant, bar, and outdoor dining area and (2) stating that at all times the total number of seats in the restaurant, bar, and outdoor dining area shall not exceed 125. PC RES0 NO. 5551 -5- 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 13. 14. 15. The Developer shall install the landscaping in the southeast corner of the parking lot as shown on the landscape plan approved as part of this conditional use permit. The Developer shall paint on the parking lot a 60-inch wide pedestrian pathway, demarcated by three-inch wide stripes painted “safety yellow,” from the building exits near the north end of the parking lot and from the sidewalk between the building and adjacent handicap parking space (as shown on the approved site plan) to the sidewalk along Tamarack Avenue. The pathway shall be located so as not to cross any parking space for valet or self-parking. At all times, the Developer shall comply with the following conditions: a. b. C. d. General Operations i. The restaurant shall substantially comply with the definition of a “bona fide public eating establishment,” as defined in Zoning Ordinance Section 21.04.056. ii. The total number of seats in the restaurant, bar, and outdoor dining area shall not exceed 125. iii. Location of dining areas, whether indoors or out, and bar seating areas shall comply with these conditions of approval and shall substantially comply with the locations indicated on the approved floor plan. Furthermore, the covered patio area adjacent to the restrooms shall not be used as a dining area. iv. The restaurant and bar shall close no later than midnight on any day. v. Any entertainment provided shall be provided within the building and not outdoors. vi. Entertainment noise shall not be audible beyond ,the boundaries of the restaurant property. vii. No dancing or dance bands shall be allowed. i. The outdoor dining area shall be limited to the existing patio space on the west side of the building that is bordered by the restaurant entry to the south, existing planter to the west, and existing planter to the north. ii. No customers shall be seated for outdoor dining after 10 p.m. i. All landscaping shall be kept healthy and neat and in a manner substantially conforming with the plant materials and locations shown on Exhibit “F,” the “Existing and Proposed Planting” plan. ii. The building, parking lot and other portions of the property shall be kept clean and in a neat appearance. i. On-site parking shall substantially comply with the valet parking plan as shown on approved Exhibit “G,” the “Valet Parking Plan.” This includes maintaining an unobstructed 14-foot wide vehicle aisleway and the vehicle turnaround as shown on the approved exhibit. ii. Self-parking is permitted in lieu of valet parking during non-peak restaurant periods (e.g. during the afternoon) when continuous Outdoor dining Appearance Parking and Access PC RES0 NO. 5551 -6- 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 demand for parking does not exceed 21 spaces, the maximum parking achievable under self-parking conditions. Self-parking shall occur in a manner substantially consistent with the parking plan on Exhibit “A,” the “Existing Site Plan.” iii. Accessible parking and loading areas and an accessible route to the building shall be maintained regardless of whether self- or valet parking is occurring. iv. The 60-inch wide painted pedestrian pathway from the building exits to the Tamarack Avenue sidewalk shall be kept unobstructed. Endneering General 16. Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 17. Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 18. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 19. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Dedicationsfimprovements 20. Within seven months of the effective date of this approval, developer shall have constructed the necessary Best Management Practices (BMP) measures necessary to capture and filter the anticipated pollutants of concern associated with the project in accordance with the Storm Water Maintenance Plan (SWMP) on file with the City and the latest California National Pollutant Discharge Elimination System (NPDES) permit. 21. Prior to installing any private improvements within the public right-of-way, the applicant shall enter into an encroachment agreement with the City subject to the City Engineer’s approval. More specifically, the property owner shall enter into an encroachment agreement for the proposed outdoor dining building awning, the existing landscaping and wood railing located near the street corner and for any other encroachment deemed necessary due to the size, duration andor nature of the encroachment. PC RES0 NO. 5551 -7- 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 Code Reminders 22. 23. 24. 25. Approval of this request shall not excuse compliance with all applicable sec ions of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5551 -8- 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 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 MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. CRYLZMLYER Planning Director PC RES0 NO. 5551 -9-