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Home My WebLink About2011-01-19; Planning Commission; Resolution 67511 PLANNING COMMISSION RESOLUTION NO. 6751 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TEN YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT FOR AN EXISTING 5 RESTAURANT ON PROPERTY LOCATED AT 3878 CARLSBAD BOULEVARD IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1 CASE NAME: VIGILUCCI'S SEAFOOD & STEAKHOUSE 7 CASE NO.: CUP 02-19(B)X1 8 WHEREAS, Roberto Vigilucci, "Developer" and "Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 Parcel 1 of Parcel Map No. 3713, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of j2 the County Recorder of San Diego County, April 21, 1975 as File No. 75-092233 of Official Records 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Conditional Use 16 Permit Extension as shown on Exhibits "A" - "G". dated January 21, 2004, on file in the 17 Planning Department VIGILUCCI'S SEAFOOD & STEAKHOUSE - CUP 02-19(B)X1, as 1 K provided by the conditions of approval of CUP 02-19(B) and Chapter 21.42 and/or 21.50 of the 19 Carlsbad Municipal Code; 20 WHEREAS, the Planning Commission did, on January 19, 2011, hold a duly ~~ noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP Extension. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES VIGILUCCPS SEAFOOD & STEAKHOUSE - CUP 02-19(B)X1 based on the following findings and subject to the following 3 conditions: Findings: 1. The adopted findings for CUP 02-19(B) which are contained in Planning Commission 6 Resolution No. 5973 apply to this extension and are incorporated by this reference. ' Conditions; o 1. All conditions of approval imposed upon Conditional Use Permit CUP 02-19(B) as stated 9 in Planning Commission Resolution No. 5973 shall apply as conditions of approval for CUP 02-19(B)xl and are incorporated by this reference, except Conditions No. 6 and 7 10 are replaced by Conditions No. 2 and 3 below; Condition No. 8 e. iii. is replaced by Condition 5 below; and Condition No. 12 is replaced by Condition No. 4 below. 12 2. CUP 02-19(B)xl 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 13 negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 14 fraud or misrepresentation; or 2) the use for which such approval was granted is not being , <- exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 16 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 17 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 19 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 20 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.21 22 3. This Conditional Use Permit is granted retroactively for a period of ten years from October 19, 2010 through October 18, 2020. This permit may be revoked at any time 23 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 24 herein have not been met. 25 4. Developer shall install sight distance corridors at all street intersections and driveways in 26 accordance with City Engineering Standards. The property owner shall maintain this condition. 27 5. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best Management Practices include but are not limited to pollution control practices or devices, erosion control to prevent silt PCRESONO. 6751 -2- runoff during construction, general housekeeping practices, pollution prevention and 2 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 3 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 5 6. Within 180 days of the approval of CUP 02-19(B)xl, Developer shall obtain building permits and install a grease interceptor for Vigilucci's Seafood and Steakhouse as 6 required by Municipal Code Section 13.06.040 and subject to the variance and waiver provisions of Section 13.06.050. In addition, dishwashers and other 7 restaurant equipment requiring a sewer connection shall be connected to the sewer in a manner that does not interfere with the grease interceptor's function or purpose. Furthermore, approval of this resolution shall be deemed to be 9 "notification by the city" as required by Section 13.06.040 C. The city's Utilities Director in consultation with the Building Official shall determine compliance with 10 this condition. 11 NOTICE 12 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 1 . "fees/exactions." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 16 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 i o annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 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 22 expired. 23 24 25 26 27 28 PCRESONO. 6751 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on January 19, 2011 by the following 3 vote, to wit: 4 " <- AYES: Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher 6 NOES: 7 0 ABSENT:o 9 ABSTAIN: 10 11 12 STEPHEN "HAP" L'HEUREUX, Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 „ DON NEU1 81 ° Planning Director 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6751 -4-