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HomeMy WebLinkAbout2023-09-20; Planning Commission; Resolution 7492PLANNING COMMISSION RESOLUTION NO. 7492 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE CONTINUED USE AND OPERATION OF AN EXISTING RESTAURANT WITH ON-SITE VALET AND THE CONSTRUCTION OF A 1,401-SQUARE­ FOOT DETACHED PATIO COVER AND OFF-SITE VALET ON PROPERTY GENERALLY LOCATED AT 3878 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VIGILUCCl'S SEAFOOD & STEAKHOUSE CASE NO.: CUP 2021-0008/CDP 2021-031 (DEV02060) WHEREAS, Roberto Vigilucci, "Developer" and "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 and Coastal Development Permit as shown on Exhibit(s) "A" -"E" dated Sept. 20, 2023, on file in the Planning Division, CUP2021-0008/ CDP2021-0031 (DEV02060) -VIGILUCCl'S SEAFOOD & STEAKHOUSE, as provided by Chapter 21.42 and Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Conditional Use Permit and Coastal Development Permit application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15332 -In-Fill Development Projects, in that the project is consistent with the General Plan, Zoning Ordinance and Local Coastal Program; the project site is within the City limits, is less than 5 acres in size, and is substantially surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare of threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on June 28, 2023, the city distributed a notice of intended decision to adopt the 11ln- Fill Development Projects" exemption. The notice was circulated for a 10-day period, which began on June 28, 2023, and ended on July 8, 2023. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was July 8,2023;and WHEREAS, the Planning Commission did, on Sept. 20, 2023, 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 Conditional Use Permit and Coastal Development Permit. 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP2021-0008/ CDP2021-0031 (DEV02060) -VIGILUCCl'S SEAFOOD & STEAKHOUSE, based on the following findings and subject to the following conditions: Findings: Conditional Use Permit, CUP 2021-008 1. That the requested use is necessary or desirable for the development of the community and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that retaining the existing restaurant use of the property attracts and serves the travel needs of visitors, tourists, and residences. The project is compatible with the VC (Visitor Commercial) General Plan designation and Commercial Services Policy 2-Pl.23 which states that visitor commercial uses should generally be located near major transportation corridors and proximate to key tourist/visitor draw. The site is located along major streets and in close proximity to Carlsbad State Beach. The conditional use permit and recommended conditions will ensure the restaurant use operates consistently with General Plan Land Use Element Commercial Services Policy 2P.24, which requires commercial uses to be built and operated in such a way as to compliment but not conflict with adjoining residential areas. The project conforms to the development standards of the Commercial Tourist (CT} and Beach Area Overlay Zone. Furthermore, the existing restaurant and the development of the patio conforms is consistent with the LCP Mello II VC land use designation as the restaurant provides a service to tourists, visitors, beachgoers, and residents. Therefore, the project is desirable for the development of the community and is consistent and in harmony with the applicable general plan, zoning, and local coastal program. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the restaurant 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, and the existing on-site parking does not meet all required dimensional standards; however, CMC Section 21.42.140 allows flexibility in applying parking standards in such cases through the conditional use permit process and related findings and conditions. In addition, CMC Section 21.44.040(8}, provides that the decision-maker may modify the required parking standards where it can be demonstrated that adequate parking will be provided, and the modification will not adversely affect the neighborhood or the site design or circulation. The on-site valet parking plan consisting of 24 spaces, the off-site valet parking plan at New Song Church at 3780 Pio Pico Dr. as demonstrated by the reciprocal access and parking agreement, the letter from Pacific Coast Valet dated July 14, 2023 and the City of Carlsbad's 2022 Parking Survey, Downtown Carlsbad Parking Study prepared by CR Associates, Dec. 2022 constitute satisfactory evidence that adequate parking will be provided, and the modification will not adversely affect the neighborhood or the site design or circulation in that the applicant will provide 24 on-site valet spaces to maximize parking and park a greater number of cars than achievable by a self-parking lot. The on-site valet parking plan includes a vehicle turnaround area to ensure proper circulation. New Song Church has agreed to allow Vigilucci's to park 18 vehicles in their parking lot located at 3780 Pio Pico Dr. during all restaurant business hours. The church has agreed to allow the restaurant to use the entire lot, consisting of 64 spaces outside of church hours when there are no church events or church holidays. The restaurant is open from 11:30 a.m. to 10 p.m. Monday through Sunday. The reciprocal access and parking agreement states that the church hours are Mondays, Wednesdays and Fridays 8 a.m. to 9:30 p.m., Tuesdays 7 a.m. to 3 p.m., Saturdays 7 a.m. to 10 a.m. and Sundays 6 a.m. to 3 p.m. There are two days in which church services overlap with restaurant hours, Tuesdays, and Sundays from 11:30 a.m. to 3 p.m. Despite this overlap, the restaurant will be able to park 18 cars within the church parking lot at any time. However, it is unlikely that the restaurant will need to utilize this parking during Tuesdays and Sundays, as the company currently contracted by Vigilucci's to operate their valet parking, Pacific Coast Valet, has confirmed to the city in a letter dated July 14, 2023, that their busiest days are Fridays and Saturdays, where they counted an average of 110-120 total valet parking for the nine and a half hour day. There are no overlaps in hours of operation between the restaurant and the church on the restaurant's busiest days, Fridays and Saturdays, which allows the restaurant to use all 64 spaces in the church parking lot if needed. In addition, the owner of the valet company has confirmed that they have not experienced issues with valet parking under the current conditions of utilizing the 1,901-square foot temporary patio. They also noted that 35-40 guests each Friday and Saturday traveled arrived by rideshare companies such as Uber. The City of Carlsbad Parking Survey, Downtown Carlsbad Parking Study, CR Associate's, Dec. 2022 includes information on the on-street parking supply within 1/8 mile of the destination to individual parcels. On-street parking occupancy was put into four categories, 50% or less occupancy, 50.1% to 70% occupancy, 70.1% to 85% occupancy and greater than 85% occupancy. The survey reports that both weekday midday on-street parking occupancy (10 a.m. to 1 p.m.) and weekday evening on-street parking occupancy (6 p.m. to 9 p.m.) was 70.1% to 85%. Therefore, it can be concluded that the overlap of church and restaurant hours on Tuesdays and Sundays will not negatively impact on-street parking. The survey also concluded t~at weekend midday on-street parking occupancy for Vigilucci's was greater than 85%. Although the weekend mid-day (10 a.m. to 1 p.m.) represented the highest occupancy of on street parking at greater than 85%, church is closed by 10 a.m. on Saturdays, leaving all 64 spaces available to the restaurant. Also, weekend evening occupancy was 70.1% to 85%, which represents a downward trend towards the evening. The project is conditioned to record a reciprocal parking agreement between Vigilucci's and New Song Church. The valet parking will maximize the available on-site parking and will provide additional off-site valet spaces to accommodate more vehicles and reduce parking within the adjacent streets and neighborhoods. Therefore, the overlap of church and restaurant hours on Sundays will not result in a negative impact to on-street parking. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the existing restaurant meets all setbacks except for the rear yard setback. However, the structure was in conformance with the rear yard setback until the adjacent property to the north was rezoned from commercial to residential in 2001. The proposed detached patio will meet all setbacks. Existing landscape will remain, including landscaping along the property lines fronting Carlsbad Village Drive and Tamarack Avenue and the side property line which provides a buffer to soften the view of the parking area. The existing restaurant is under parked and was previously approved as 21 regular spaces or 28 valet spaces. The proposed patio will result in a loss of seven regular spaces or four valet spaces. The on-site valet will be reconfigured to provide 24 regular spaces or 24 valet spaces. 18 spaces at any given time will be provided via an off-site valet at 3780 Pio Pico Road. The on-site valet parking plan provides for adequate turn around, as well as space for incoming cars, to avoid queuing on Tamarack Avenue. The off-site valet will provide for additional parking which will allow the restaurant to accommodate more vehicles and reduce street parking in the surrounding neighborhoods. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a Traffic Impact Analysis prepared by Scott Sato, P.E. of Trames Solutions Inc. dated Nov. 7, 2022, indicates that 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. Coastal Development Permit, CDP 2021-0031 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the existing restaurant and proposed patio are located on a site designated for visitor commercial uses. The development is properly related to the site, surroundings, and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings, or traffic circulation. The development is consistent with the LCP Mello II VC land use designation. No agricultural activities, sensitive resources, geological instability, or flood hazard exist onsite. Although Carlsbad State Beach is directly across the street from the project site, no coastal access opportunities exist on the project site. Given that the project is located in a residential neighborhood where the majority of dwellings are one-and two-stories, the existing 17-foot- tall restaurant and construction of a 14-foot-4-inch-tall detach patio will not obstruct views of the coastline as seen from public lands or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. 6. The proposal is in conformity with the public access and recreation policies of Chapter Three of the Coastal Act in that the property is not located adjacent to the coastal shore nor are public recreation areas required of the project; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. The revised parking will not increase off-street parking and the construction will not block any access or views. 7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation are located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. General 8. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, in that the General Plan Land Use designation for the property is VC Visitor Commercial, and under Land Use Element Policy 2-9.23 sites designed for visitor commercial uses should generally be located near major transportation corridors and proximate to key tourist/visitor draws such as the ocean to serve the daily convenience needs of tourists, visitors and residents, the project is consistent with the VC General Plan Land Use designation. 9. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding Sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility Fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 10. The Planning Commission expressly declares that it would not have approved this Conditional Use Permit and Coastal Development Permit application to use the Property fo r completing and implementing the project, except upon and subject to each and all of the conditions hereinafter set, each and all of which shall run with the land and be binding upon the Developer and all persons who use the Property for the use permitted hereby. For the purposes of the conditions, the term "Developer" shall also include the project proponent, owner, permittee, applicant, and any successor thereof in interest, as may be applicable. If the Developer fails to file a timely and valid appeal of this Coastal Development Permit within the applicable appeal period, such inaction by the Developer shall be deemed to constitute all of the following on behalf of the Developer: a. Acceptance of the Conditional Use Permit and Coastal Development Permit by the Developer; and b. Agreement by the Developer to be bound by, to comply with, and to do all things required of or by the Developer pursuant to all of the terms, provisions, and conditions of this Conditional Use Permit and Coastal Development Permit or other approval and the provisions of the Carlsbad Municipal Code applicable to such permit. 11. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50}. 12. The City Planner 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 preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 13. The Planning Commission has determined that the parking is adequately provided under Carlsbad Municipal Code 21.44.040 in that the new use will not adversely affect the neighborhood or circulation. 14. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. Approval is granted CUP2021-0008/CDP2021-0031 (DEV02060) -VIGILUCCl'S SEAFOOD & STEAKHOUSE as shown on Exhibits "A" -"E", dated Sept. 20, 2023, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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; 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 and Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit and Coastal Development 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. Developer/Operator 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 Perniit and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the site plan or other, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1 pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. Prior to the issuance of the Conditional Use Permit and Coastal Development Permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and Coastal Development Permit by Resolution(s) No. 7492 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 City Planner 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. 14. CUP 2021-0008 shall be reviewed by the City Planner 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, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by 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 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, 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 City Planner shall recommend that the Planning 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 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 15. This Conditional Use Permit is granted for a period of ten (10) years from Sept. 20, 2023, through Sept. 20, 2033. 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 for a reasonable period of time not to exceed 10 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 Planning Commission may grant. 16. The restaurant and attached outdoor dining patio located on the west property line and right of way is limited to a maximum capacity of 125 seats. The proposed detached patio will be limited to a maximum capacity of 90 seats. 17. The Developer shall maintain the 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 to the sidewalk along Tamarack Avenue. 18. Within 180 days of the approval of CUP 2021-0008/CDP 2021-031 the Developer shall obtain building permits and install a grease interceptor for Vigilucci's Seafood and Steakhouse as 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 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 "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 this condition. 19. At all times, the Owner and Developer shall comply with the following conditions: a. 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 attached outdoor dining patio shall not exceed 125, while the total number of seats in the proposed detached outdoor dining patio shall not exceed 90. iii. Location of dining areas, whether indoors or out, and bar seating areas shall substantially comply with the locations indicated on the approved floor plans. 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. b. Outdoor Dining i. The outdoor dining areas shall be limited to the patio space as depicted on the site plan, included in Exhibit 10 of the staff report. ii. No customers shall be seated for outdoor dining after 10pm. c. Appearance i. All landscaping shall be kept healthy and neat. ii. The building, parking lot and other portions of the property shall be kept clean and in a neat appearance. d. Parking and Access i. On-site parking shall substantially comply with the valet parking plan as shown on the valet parking plan included in Exhibit 10 of the staff report. 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 demand for parking does not exceed 21 spaces, the maximum number achievable under self-parking conditions. Self-parking shall occur in a manner substantially consistent with the site plan included in Exhibit 10, the Staff Report. iii. Prior to the issuance of building permits, the owner or designee shall submit for review, and shall obtain the approval of the City Attorney or designee for, a shared parking agreement between the subject property owner and the owner · of the New Song Church located at 3780 Pio Pico, for the exclusive use of 18 off- site parking spaces during the following hours: 11 a.m. to Midnight, Monday through Sunday, and up to 64 spaces 11 a.m. to Midnight Mondays, Wednesdays, Thursdays, Fridays and Saturdays, exclusive of Christmas Eve and Easter Sunday, or as otherwise determined by the City Planner or designee. The shared parking agreement shall restrict the use of the land on which the off-site parking is located for the duration of the use for which that parking is provided and shall include an exhibit depicting the signed 18 spaces in which the parking shall be located. Following approval of the agreement by the City Attorney or designee, the owner or designee shall have the parking agreement filed with the office of the San Diego County Recorder; prior to the issuance of the first permit, the owner or designee shall furnish a copy of the recorded agreement to the Community Development Department. iv. Prior to issuance of the Building Permit, the restaurant operator shall work with staff to develop.and locate on site signage with a map showing the location of the 18 off-site parking spaces at 3780 Pio Pico Dr. Signage shall also be installed on the New Song Church parking lot indicating that parking is reserved for Engineering: General restaurant valet 11 a.m. to Midnight exclusive of Christmas Eve and Easter Sunday. v. The restaurant shall not use the church parking lot for valet parking during Christmas Eve and Easter Sunday. During these dates, the applicant shall either restrict the occupancy of the restaurant {including all patios) to 125 seats total or shall close 1,401 square feet of the interior or exterior seating areas. vi. Valet staff shall park at the off-site valet during hours when there are no church services, church events or religious holidays. vii. The restaurant shall utilize either a street-legal golf cart, hybrid car or electric vehicle as a shuttle for valet employees to and from the church parking lot. 20. A stop sign, pavement legend and stop bar for vehicles exiting the site shall be designed and installed on the private property to the satisfaction of the city engineer. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10} calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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 ofthese fees/exactions. 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 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Sept. 20, 2023 by the following vote, to wit: AYES: Hubinger, Kamenjarin, Lafferty, Meenes, Stine NAYES: Merz, Sabellico ABSENT: ABSTAIN: PETER?.::,~ CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner