HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57631
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PLANNING COMMISSION RESOLUTION NO. 5763
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
PROPERTY GENERALLY LOCATED AT 3878 CARLSBAD
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME:
CASE NO.: CUP 02-19(A)
AMENDMENT TO CONDITIONAL USE PERMIT 02-19 ON
VIGILUCCI’S SEAFOOD & STEAKHOUSE
WHEREAS, Roberto Vigilucci, “Developer/Owner,” 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, Conditional Use Permit CUP 02-19, was
reviewed and recommended for approval by the Planning Commission at public hearings
on January 21,2004 and February 4,2004; and
WHEREAS, on March 9, 2004, the City Council approved CUP 02-19, as
described and conditioned in Planning Commission Resolution No. 5551; and
WHEREAS, condition number 8 of Planning Commission Resolution No.
5551 requires Planning Commission review of CUP 02-19 within seven (7) months of its
approval by the City Council 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; and
WHEREAS, the Planning Department has filed application CUP 02-19(A) to
facilitate the Planning Commission’s review and amendment of CUP 02-19, as provided by
the conditions of approval of CUP 02-19 and Chapter 21.42 and/or 21.50 of the Carlsbad
Municipal Code; and
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WHEREAS, the Planning Commission did, on the 20th day of October 2004,
hold a duly noticed public hearing as prescribed by law to consider CUP 02-19(A); 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 amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
19(A) based on the following findings and subject to the following conditions:
APPROVES VIGILUCCI’S SEAFOOD AND STEAKHOUSE - CUP 02-
Findings:
1. That the findings for CUP 02-19, as specified in Planning Commission Resolution
No. 5551, remain valid.
2. That approval of CUP 02-19(A) is necessary to add conditions of approval that
ensure (a) the City will continue to closely monitor the use and the Developer
compliance with conditions of approval and (b) require the Developer to properly
manage waste that may contribute to storm water pollution.
3. That the use permitted by CUP 02-19 does not have a substantial negative effect on
surrounding properties or the public health and welfare. Based on Planning staff
observations and a lack of citizen complaints, restaurant-operating characteristics
regarding noise, business hours, and property upkeep are all acceptable.
Furthermore, the City’s Code Enforcement, Fire, and Police departments have not
expressed any concerns or received any complaints about the use. Planning staff
concerns about the applicant’s non-compliance with the approved valet parking
plan represent limited, short-term impacts that primarily occur during the weekend
and that do not rise to the level of having a substantial negative effect. Nevertheless,
through this amendment, conditions have been added to the CUP to ensure
continued monitoring and awareness of these limited impacts in an effort to reduce
or eliminate them.
4. That the Developer has completed conditions requiring the filing of information and
the installation of site improvements. With the exception of outdoor dining, which
has yet to occur on a repeated basis and which staff has yet to observe, and parking
cars according to the approved valet parking plan, the applicant appears to comply
with all conditions regulating the operation of the restaurant. Conditions added to
PC RES0 NO. 5763 -2-
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the CUP by this amendment will ensure the City continues to monitor restaurant
operations, including parking and outdoor dining, and provides the opportunity for
any public comment at a noticed hearing.
Conditions:
1. This Conditional Use Permit shall be reviewed by the Planning Director and a report
made to the Planning Commission at a noticed public hearing no later than mid
September 2005 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.
2. All conditions of CUP 02-19 remain in effect.
3. At all times, the Developer shall comply with the following conditions:
a. The trash enclosure area shall be kept clean and the trash receptacles,
including grease storage bins, shall be kept closed when not in use.
b. Secondary containment shall be provided for all outdoor grease storage.
Keep additional spill cleanup materials (absorbents, mops, and buckets)
available. The Developer shall train and remind employees about spill
response procedures and the proper disposal of waste.
c. All implemented Best Management Practice Measures (BMPs) shall be
maintained and subject to inspection by the City’s Storm Water
Protection Program.
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. 5763 -3-
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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 20th day of October 2004, by the
following vote, to wit:
AYES:
NOES:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
ABSENT:
ABSTAIN:
@RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
l)A.u-
MICHAEL J. H~Z&LER
Planning Director
PC RES0 NO. 5763 -4-