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HomeMy WebLinkAboutCUP 02-19; Vigilucci, Roberto; 2002-0288757; OtherRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 · DOC # 2002-0288757 APR 05, 2002 4:32 PM OFFICiit. lmROO SAN DIEGO OOM1V RmRDER'S OFFICE liEGORV J. SIIITH, OOM1V R£llRDER FEES: 20.00 Space above this line for Recorder's Use Assessor's Parcel No. 204-25,1-20 Building Permit No. CB 02-270 AGREEMENT TO MAKE APPLICATION FOR A CONDITIONAL USE PERMIT ~ d HIS AGREEMENT is made and entered into as of the _,.::).._ __ day of ~-( , 2002, by and between Roberto Vigilucci (Vigilucci) owner of Vlgirucci's Seafood and Steak House, located at 3878 Carlsbad Boulevard, Carlsbad, California and the City of Carlsbad, a municipal corporation (City). RECITAts WHEREAS, Roberto Vigilucci is the new owner of the property located at 3878 Carlsbad Boulevard, Carlsbad, California, formerly operated as the Seaside Bistro Restaurant; and WHEREAS, Vigilucci intends to continue operation of the property as a restaurant to be known as Vigilucci's Seafood and Steak House, which will require interior building improvements, but will not increase the building's occupancy load as approved by the Building Department; and WHEREAS, the City Council on March 6, 2001, in a regular public meeting considered recommendations of the Planning Department and the Planning Commission with regard to rezoning of the parcel which was then under different ownership to rectify current inconsistencies between the General Plan designation and the zoning; and WHEREAS, the City Council had previously declared its intent to change the zoning on the property from commercial to residential so that the zoning would be consistent with the property's General Plan designation, which is currently residential; and 1 WHEREAS, at that time the City Council did not rezone the parcel in reliance on the representations of the owner of the Seaside Bistro that it would relinquish its cabaret license and process a conditional use permit (CUP) application setting forth the terms and conditions under which commercial use would continue to exist at the site; and WHEREAS the Planning Director was directed to commence the necessary and appropriate rezoning process forthwith to require a CUP or other discretionary permits and return to the City Council through the Planning Commission with its reports and recommendations; and WHEREAS, the Seaside Bistro was directed to apply forthwith for a CUP or the discretionary permits under the proposed zone so that all discretionary actions would be before the Council concurrently; and WHEREAS, the owners of the property and the Seaside Bistro business subsequently sold the property and the restaurant to Vigilucci, who intends to continue operation of the restaurant as Vigilucci's Seafood and Steak House; and WHEREAS, the above mentioned modifications and improvements which Vigilucci intends to make to the property will require the submittal of architectural drawings and plans which will take some time to prepare; and WHEREAS, Vigilucci currently has pending before the City Building Department Plan Check No. CB 02-270, requesting a building permit for proposed interior improvements, including replacement of windows and doors, adding new walls, expanding the kitchen and food preparation areas, and changing the customer seating areas; and WHEREAS, Vigilucci has agreed to assume the former Seaside Bistro owner's obligation to obtain a CUP for his restaurant operation and to not have dancing, bands or loud music on the premises; and WHEREAS, Vigilucci is aware that outdoor dining and drinking areas, although desirable, are not possible without adequate parking and approval of a CUP; and WHEREAS, Vigilucci has agreed to propose a solution to the inadequate parking problem that exists on the property through the CUP process and understands that the City may impose requirements and conditions so that the restaurant meets the City requirements and operates in a way that is compatible with the homes around it; and WHEREAS, Vigilucci is aware that his CUP application may be denied and that the City Council may then proceed with rezoning the property to 2 residential to be consistent with the General Plan; and WHEREAS, Vigilucci understands that the City will be processing other amendments, such as a general plan amendment and a zone code amendment, as required to enable the City's consideration of allowing the property to remain commercially zoned, concurrently with his CUP application; and NOW, THEREFORE, IN CONSIDERATION of these recitals and the mutual covenants contained herein, Vigilucci and City agree as follows: 1. That Vigilucci will submit a complete CUP application within five months of the date of this Agreement. This application will include all requisite information, forms, plans, and fees. 2. That Vigilucci will submit a coastal development permit application and fee if the City's Planning Director determines that it is required in conjunction with the CUP application. 3. That Vigilucci will cooperate in a timely manner with all City requirements during the processing of the CUP. 4. That the restaurant operation will not have dancing, bands, or loud music, although a pianist may be provided to enhance ambiance to the restaurant which is to be a fine dining establishment, not a club. 5. That in light of these commitments made by execution of this agreement, the City will allow Mr. Vigilucci to pull the necessary building permits to complete the work described in Plan Check No. CB 02-270. 6. That this Agreement shall be recorded with the County Recorder's office and upon final approval of a CUP, at the property owner's request, the City shall execute a release of the Agreement. 7. That this agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Vigilucci, shall run with said real property, and create an equitable servitude upon said real property. 8. That nothing in this Agreement shall excuse compliance with all applicable sections of the zoning ordinance and any other applicable City ordinances in effect at the time of the building permit issuance, except as otherwise specifically provided. 9. That this Agreement together with any other written document referred to or contemplated by it, embody the entire Agreement and 3 understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be modified, waived or discharged except in a writing signed by both parties. 1 O. Nothing in this agreement is intended to alter the pre• existing legal rights of the parties. ROB R O VIGILUCCI, Pro rie By: (print name/title) ~,_,~ By: (sign here) (print name/title) CITY OF CARLSBAD, a Municipal corporation B: YMOND R. PATCHETT City Manager (NOTARIAL ACKNOWLEDGMENT REQUIRED) 4 ·, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califo .,..r.,n.Lia--'---'.-'----""-'-="-"'-----------} ss. County of .:5A N J> I e,fl) On m111,e,u Ji df/Od-, before me, __J;;ri,_nh.m..,,.,Jl.,_J~c;!I~-t-Wm~';f..._-~ Date1 Name and Title of Officer (e.g personally appeared _:-i5----'-_.,0,-_,X)"'-"'e,yi-O"-'=---"V.ulcel-'l_u1'-L/u"""C~G-'--'i----------J Name(s) of Signer(s) 1••nanceoeeoe IIARBARA J. NBlROS j.::t. .,, .. ,-.. , ..... I ~ NolayNlllc-CaBfa11la I C C C ➔-~~:a:t Place Notary Seal Above [7 personally known to me .a_ proved to me on the basis of satisfactory evidence to be the person-"'1 whose name(i!1' is/!lfe' subscribed to the within instrument and acknowledged to me that ho/s;Rslll9ey executed the same in his/19e, /II 1ai1 authorized capacity(.ies}; and that by his/19eiltl ,eil signatur~ on the instrument the person/et or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. ,~/4,44) Q. '-tJtd44<1 Sig~ of N~PUb11c OPTIONAL---------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: __________________ Number of Pages: _______ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer Signer's Name: _________________________ _ □ Individual lJ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact LJ Trustee C1 Guardian or Conservator □ Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: _______________________ ~----- © 1999 National Notary Association • 9350 De Soto Ave., P.O BoK 2402 • Chatsworth, CA 91313-2402 • www.nat1ooalnotary.org Prod. No. 5907 Reorder: Call Toll-Free T-800-876-6827