HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55511
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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.
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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.
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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
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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
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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.
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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
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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.
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Code Reminders
22.
23.
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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.
...
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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
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