HomeMy WebLinkAbout2005-10-19; Planning Commission; Resolution 59731
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. 5973
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(B)
AMENDMENT TO CONDITIONAL USE PERMIT 02- 19(A) 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 constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “G” dated January 21, 2004, on file in the Planning
Department, VIGILUCCI’S SEAFOOD AND STEAKHOUSE - CUP 02-19, as provided by
the conditions of approval of CUP 02-19 and Chapter 21.42 andor 21.50 of the Carlsbad
Municipal Code; and
WHEREAS, on March 9,2004, the City Council adopted Resolution No. 2004-
082, approving CUP 02-19, as described and conditioned in Planning Commission Resolution
No. 5551; and
WHEREAS, Condition No. 8 of Planning Commission Resolution No. 5551
required the Planning Commission to review CUP 02-19 within seven (7) months of its
approval by the City Council to determine if all conditions of this permit had been met and
that the use did not have a substantial negative effect on surrounding properties or the
public health and welfare; and
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
WHEREAS, the Planning Department 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
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 of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment and voted to require an additional public hearing on the
conditional use permit 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 filed application CUP 02-19(B) to
facilitate the Planning Commission’s second review of CUP 02-19, as provided by the
conditions of approval of CUP 02-19(A) contained in Planning Commission Resolution No.
5763 and Chapter 21.42 and/or 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of October 2005,
hold a duly noticed public hearing as prescribed by law to consider CUP 02-19(B); 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) That the foregoing recitations are true and correct.
PC RES0 NO. 5973 -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
B) That based on the evidence presented at the public hearing, the Commission
19(B) based on the following findings and subject to the following conditions:
APPROVES VIGILUCCI’S SEAFOOD AND STEAKHOUSE - CUP 02-
Findinps:
1.
2.
3.
4.
That the findings for CUP 02-19, as specified in Planning Commission Resolution
No. 5551, remain valid.
That approval of CUP 02-19(B) is necessary to modify Condition of approval No. 1
of Planning Commission Resolution No. 5763 to allow Planning Director annual
review of the conditional use permit. Approval of CUP 02-19(B) also enables those
project conditions that have been fulfilled and that are no longer applicable to be
deleted and those conditions that remain applicable to be conveniently listed in one
resolution. To this end, Conditions No. 6, 9, 10, 11, 12, 13, 14, 19, 20, and 21 of
Resolution No. 5551 and Condition No. 2 of Resolution No. 5763 have been deleted.
Furthermore, this resolution and its conditions supersede and replace those of
Resolutions No. 5551 and 5763.
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 at this time rise to the level of having a substantial negative effect.
That CUP 02-19(B), as reflected in this resolution, contains conditions adequate to
ensure the City can properly review and regulate the project, respond to any
substantial negative effects, and modify the conditional use permit as necessary to
reduce or eliminate any substantial negative effects.
Conditions:
Note: The following conditions shall be satisfied as long as this use continues:
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 or encroachment agreements; 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 damages for their violation. No vested rights are
gained by Developer or a successor in interest by the City’s approval of this Conditional
Use Permit.
PC RES0 NO. 5973 -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.
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.
Developer/Operator shall and does hereby agree to indemnifjr, 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)
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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
This Conditional Use Permit is granted for a period of five (5) years from October 19,
2005 to October 18, 2010. 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. 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
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.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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
PC RES0 NO. 5973 -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
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
8. At all times, the Developer shall comply with the following conditions:
a.
b.
C.
d.
General Operations
1. The restaurant shall substantially comply with the definition of a
“bona fide public eating establishment,” as defined in Zoning
Ordinance Section 21.04.056.
The total number of seats in the restaurant, bar, and outdoor dining
area shall not exceed 125.
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.
The restaurant and bar shall close no later than midnight on any day.
Any entertainment provided shall be provided within the building
and not outdoors.
Entertainment noise shall not be audible beyond the boundaries of the
restaurant property.
No dancing or dance bands shall be allowed.
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.
No customers shall be seated for outdoor dining after 10 p.m.
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.
The building, parking lot and other portions of the property shall be
kept clean and in a neat appearance.
ii.
iii.
iv.
V.
vi.
vii.
1.
Outdoor dining
ii.
i.
Appearance
ii.
Parking and Access
1.
ii.
iii.
PC RES0 NO. 5973
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.
Self-parking is permitted in lieu of valet parking during non-peak
restaurant periods (e.g. during the afternoon) when continuous
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.”
Accessible parking and loading areas and an accessible route to the
building shall be maintained regardless of whether self- or valet
parking is occurring.
-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
iv. The 60-inch wide painted pedestrian pathway from the building exits
to the Tamarack Avenue sidewalk shall be kept unobstructed.
The trash enclosure area shall be kept clean and the trash receptacles,
including grease storage bins, shall be kept closed when not in use.
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.
All implemented Best Management Practice Measures (BMPs) shall
be maintained and subject to inspection by the City’s Storm Water
Protection Program.
e. Storm Water Pollution Prevention
1.
ii.
iii.
Endneering
10. 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.
11. Developer shall install rain gutters to convey roof drainage to an approved drainage
course or street to the satisfaction of the City Engineer.
12. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Code Reminders
13.
14.
15.
16.
...
...
...
...
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.
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.
PC RES0 NO. 5973 -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
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 fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of October 2005, by the
following vote, to wit:
AYES: Chairpersdn Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES: Commissioner Whitton
ABSENT:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5973 -7-