HomeMy WebLinkAbout2011-01-19; Planning Commission; ; CUP 02-19Bx1 - VIGILUCCI'S SEAFOOD & STEAKHOUSE(t')> C I TY O F
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ERRATA SHEET FOR AGENDA ITEM #1
Memorandum ·
January 19, 2011
To: Planning Commission
From: Scott Donnell, Senior Planner
Via Don Neu, Planning Director
Re: Errata Sheet for Agenda Item #1-CUP 02-19(B)X1
In Planning Commission Resolution No. 6751, staff recommends the Planning Commission
revise Condition Number 6 as follows (proposed changes are balded and underlined):
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 required. by Municipal Code Section 13.06.040-G 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.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. I 1
P.C. AGENDA OF: January 19, 2011
Application complete date: November 5, 2010
Project Planner: Scott Donnell
Project Engineer: David Rick
SUBJECT: CUP 02-19rB)xl - VIGILUCCFS SEAFOOD & STEAKHOUSE - Request
for a ten year retroactive extension of CUP 02-19(B) to allow the continued
operation of Vigilucci's Seafood and Steakhouse at 3878 Carlsbad Boulevard in
the Mello II Segment of the Local Coastal Program and in Local Facilities
Management Zone 1 .
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6751
APPROVING a retroactive ten year extension of CUP 02-19(B) based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive extension of CUP 02-19(B) will allow the continued operation for ten
years of Vigilucci's Seafood and Steakhouse at 3878 Carlsbad Boulevard. The CUP expired
October 18, 2010. The applicant, Roberto Vigilucci, filed an extension request prior to the
expiration; this request is attached. Additionally, Mr. Vigilucci, who also is the business and
property owner, has not proposed any changes to the restaurant, its operations, or to permit
conditions.
III. PROJECT DESCRIPTION AND BACKGROUND
The request to extend CUP 02-19(B) would allow the continued operation of the restaurant
retroactively from October 19, 2010 through October 18, 2020. On October 19, 2005, the
Planning Commission approved CUP 02-19(B) for five years.
Vigilucci's Seafood and Steakhouse opened in 2002 in a building that had served as the location
for different restaurants since at least the 1970s. Although CUP 02-19 was not required by the
property's then and current C-2 zoning, the applicant agreed to submit the permit based on an
agreement with the city. This agreement recognized the need for regulation by CUP of a
restaurant use at 3878 Carlsbad Boulevard because of significant problems with a previous
restaurant (the Sandbar) in the 1990s at this address and the site's close proximity to residences.
Originally approved in 2004 by the City Council, the Planning Commission subsequently
reviewed and approved CUP 02-19 twice at public hearings to determine permit compliance and
neighborhood compatibility; the second of the two subsequent reviews was designated CUP 02-
O
CUP 02-19(B)xl - VIGILUCCI'S SEAFOOD & STEAKHOUSE
January 19, 2011
PAGE 2
Condition No 6 of the approving CUP Resolution No. 5973 specifies that CUP 02-19(8) is
granted for a period of 5 years but may be extended for an additional 5 years upon written
application of the permittee (Roberto Vigilucci) and at noticed public hearing. Staff is
recommending a ten year extension retroactive to the permit's expiration date.
IV. ANALYSIS
A. Vigilucci's Seafood and Steakhouse continues to be consistent with all applicable
plans, policies and regulations described below:
1. Carlsbad General Plan: The property has a T-R, Travel/Recreation Commercial land use
designation. The General Plan identifies restaurants as an appropriate use for this
designation. Further, as an overall land use goal, the General Plan requires compatible
land uses. As demonstrated below, Vigilucci's Seafood and Steakhouse has been a "good
neighbor" to its surrounding residential neighborhood. Planning Commission Resolution
5973 contains conditions to ensure this compatibility continues.
2. Title 21 of the Carlsbad Municipal Code: The property has a C-2, General Commercial
zoning. Restaurants are permitted in the C-2 zone. As part of the General Plan update, it
is anticipated the property's zoning will change to C-T, Tourist Commercial, to align
with its General Plan designation.
The restaurant does not meet Zoning Ordinance parking requirements. Even with valet
parking, which the business employs to maximize parking on-site, the number of spaces
achievable (about 28) is still nearly 30 stalls fewer than the required 57 spaces. This is an
existing condition that is acknowledged and approved under the existing CUP. The
conditional use permit process enables the city to flexibly determine parking standards.
3. Local Coastal Plan (Identify LCP Segment): The project site is in the Mello II segment of
the Carlsbad Local Coastal Program. The Local Coastal Program designates the site as T-
R, the same as the General Plan. The restaurant helps the city achieve one of the Coastal
Act's basic goals, and that is to maximize public access and recreational opportunities
along the coast.
B. The adopted project findings for CUP 02-19(B), which are contained in Planning
Commission Resolution No. 5973, still apply to this project (CUP 02-19(B)xl).
C. The adopted project conditions for CUP 02-19(B), which are contained in Planning
Commission Resolution No. 5973, still apply to this project (CUP 02-19(B)xl) with
the exception of the following conditions:
1. Conditions No. 6 and 7 of Planning Commission Resolution 5973, regarding the term,
expiration, and extension of CUP 02-19(B), would be replaced by proposed Conditions
No. 2 and 3 of Planning Commission Resolution No. 6751. These proposed conditions
contain updated language and formatting regarding the review of conditional use permits
and also reflect the recommended retroactive ten year extension.
CUP 02-19(B)x 1 - VIGILUCCI'S SEAFOOD & STEAKHOUSE
January 19,2011
PAGE 3
2. Condition No. 8 e. iii. on maintenance and inspection of storm water best management
practices would be replaced by proposed Condition No. 5. Again, this replacement is
recommended to reflect current, standardized wording. Existing Conditions No. 8 e. i.
and ii, which are site specific, storm water-related conditions, would continue to apply as
written.
3. Condition No. 12 would be replaced by proposed Condition No. 4, which adds the
requirement to maintain existing sight distance corridors, including at driveways.
4. The city's Utilities Department, Wastewater Division, recommends the Planning
Commission approve a new condition requiring Mr. Vigilucci to install a grease
interceptor to prevent restaurant fats, oils, and grease (FOG) from entering the sewer
system. Discharge of FOG into the sewer system may cause blockages and cause or
contribute to sewer overflows. Based on city inspections of Vigilucci's Seafood and
Steakhouse and the sewer system serving it, the restaurant contributes FOG to the sewer
system.
In October 2008, the city passed Ordinance CS-010, amending the Municipal Code to
comply with a State Water Resources Control Board order pertaining to waste discharge
requirements for sewer systems. The overarching goal of this order is to reduce or
eliminate sewer overflows and the city has found reduction of FOG in its sewer system
will help accomplish this goal. Municipal Code Section 13.06.040 C. states existing food
service facilities found to have caused or contributed to grease related blockage in the
sewer system or determined to have contributed significant FOG to the system, based on
inspection, are deemed to have reasonable potential to adversely impact the sewer
system. In such instances, the Municipal Code requires installation of a grease interceptor
within 180 days upon notification by the City. The recommended condition requires the
installation of a grease interceptor at the restaurant and clarifies the 180 days begins upon
the approval of this extension request.
D. No formal written complaints regarding CUP 02-19(B) have been submitted to the
City. Only a 2006 verbal complaint was received from a neighboring resident about
valets employed by the restaurant parking by his home. The resident commented
that this interfered with his and his guests' ability to park close to his home.
(Because of limited on-site parking, restaurant employees, including valets, park
their own and customers' cars on streets surrounding Vigilucci's.) In responding to
the resident, staff explained the CUP review and enforcement process, noted the
resident could contact Code Enforcement with any further concerns, and shared the
resident's concern with Mr. Vigilucci.
The applicant is aware of the sensitivity of restaurant parking in the surrounding area.
Attached is a November 10, 2010, letter from Mr. Vigilucci outlining the steps he has
taken since 2002 to minimize parking and traffic impacts.
E. Annual reviews have been conducted for CUP 02-19(B) and the project is in
compliance with all conditions of approval. As identified in Planning Commission
Resolution 5973, that primary conditions of approval that are of concern are broken
down into five specific categories:
CUP 02-19(B)xl - VIGILUCCI'S SEAFOOD & STEAKHOUSE
January 19, 2011
PAGE 4
1. General operating parameters regarding floor plan compliance, operating hours,
and entertainment and noise
2. Outdoor dining limitations
3. Building, landscape, and overall property appearance
4. On-site parking and access
5. Storm water pollution prevention
Since the approval of the conditional use permit in 2005, planning staff has frequently
visited the site, including on weekend evenings. Staff has also regularly contacted the
city's code enforcement, fire, police, and storm water departments, and the state
Department of Alcoholic and Beverage Control, to determine any permit violations or
concerns. At times, planning staff has spoken with the city's Traffic Department as well
and also shared review and inspection results with Mr. Vigilucci.
From the department contacts and inspections made, the only concerns noted have been
minor and stem from the congestion sometimes observed, both in Tamarack Avenue and
the restaurant parking lot, during busy periods (e.g., weekend evenings in the summer).
At these peak times, motorists may be forced to temporarily wait in Tamarack Avenue
before they can enter the parking lot. This affects the flow of other traffic on the street.
This delay and congestion results from and is compounded by the limited on-site parking,
proximity of the restaurant driveway to Carlsbad Boulevard, Vigilucci's popular beach
area location, vehicles exiting the parking lot, and the shuffling of cars, the latter done
mostly by valets.
In such situations, it is difficult to comply with conditions S.d.i. and iii. of Planning
Commission Resolution 5973. These conditions require, at all times: (1) substantial
compliance with the approved valet parking plan (included as one of the reduced exhibits
attached), which maximizes on-site maneuvering room, and (2) accessible on-site parking
and loading areas and a pathway to the building for individuals with disabilities.
Congestion and parking challenges and compliance with conditions similar to those
above are not new. They have been discussed and acknowledged throughout the city's
review, approval, and inspection of Vigilucci's Seafood and Steakhouse and discussed
with the applicant. Furthermore, they have not been identified currently or in the past as
serious matters by any department. In fact, in the October 20, 2004, staff report written to
facilitate the first of the two subsequent reviews following the project's original Planning
Commission approval, staff noted:
Parking will likely remain an issue for a popular restaurant that has very limited
parking and is located in a beachside residential area. However, the parking
impacts associated with Vigilucci's do not rise to the level of having a
"substantial negative effect on the neighborhood or the public health and welfare"
as the CUP conditions of approval require the city to determine. Nevertheless,
staff believes the city should continue to monitor parking and restaurant
operations to determine compliance with the conditions of approval and provide
the opportunity for any public comment at a noticed hearing.
CUP 02-19(B)xl - VIGILUCCI'S SEAFOOD & STEAKHOUSE
January 19,2011
PAGES
Staff continues to concur with this assessment except for the need of a noticed hearing.
The absence of significant concerns expressed by the public, state Department of
Alcoholic and Beverage Control, or any city department over the past five years supports
the conclusion the restaurant is a good neighbor, that annual staff monitoring is sufficient,
and that a ten year extension retroactive to the expiration date is appropriate.
Additionally, Mr. Vigilucci is aware of parking issues both on and off-site and the
conditions of approval. He is also responsive toward achieving compliance with
conditions and minimizing impacts to the surrounding neighborhood, as his attached
November 10 letter attests. Moreover, as parking is prohibited on Tamarack Avenue,
compliance may be enforced through ticket writing, if necessary. Planning Division staff
will continue to monitor and review at least annually the restaurant's operations for
compliance with CUP conditions.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 6751
2. Location Map
3. Disclosure Statement
5. October 5, 2010, letter from applicant's representative requesting extension
6. November 10, 2010, letter from applicant listing steps to minimize traffic and parking
impacts
7. Planning Commission Resolution No. 5973 (CUP 02-19(B)), dated October 19, 2005
8. Reduced Exhibits
NOT TO SCALE
SITEMAP
Vigilucci's Seafood & Steakhouse
CUP 02-19(B)x1
DISCLOSURE Development Services
STATEMENT Planning Department
CITY OF P-1/A^ 1635 Faraday Avenue
www.carlsbadca.govCARLSBAD(760) 602-4610
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate; trust,, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner-
must be provided below: , - ' - ,
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person yj)^>&&\0 snb'iwQC6( Corp/Part_
Title QVv)K>g'^ Title
Address vs?*> Cfirfiv^bfrD &i\)&. Address
CARM»&M5>, OA ^0%
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person £a3>egr<3 \j'fr>uic£\ Corp/Part MIA
Title ow^ef- Title N/ATitle N/>
Address 3ft ?*> O/^-^&A^ %mb. Address W
, CA,
P-1(A) Page 1 of 2 Revised 04/09
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust KI/A . Non Profit/Trust j^ /A
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
[Xl No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
information is true and correclto< ne best of/ny knowledge
Signature of applicant/date
-'\i> \A fa \ uu cc \
Print or type name of owner Print or type name of applicant
k
Signature of owner/applicant's agent if applicable/date
M!A
Print or type name of owner/applicant's agent
Page 2 of 2 Revised 04/09
JACK HENTHORN & ASSOCIATES
Land Use and Planning Consultants
October 5,2010
Mr. Scott Donnell
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Vigilucci's Seafood and Steakhouse
Extension of Conditional Use Permit 02-19(8)
Resolution No. 5973
Dear Mr. Donnell:
Please accept this package as a request to Extend Conditional Use Permit 02-
19(6) beyond the expiration date of October 18,2010. Enclosed please find the attached
application and supporting documents for the extension of Conditional Use Permit 02-
19(6) for Vigilucci's Seafood and Steakhouse.
The existing 4,418 square foot restaurant is located at the northeast corner of
Tamarack Avenue and Carlsbad Boulevard. In preparation for this submittal, I have
personally verified that the subject restaurant is in compliance with all of the Conditions
to Planning Commission Resolution No. 5551 and Planning Commission Resolution No.
5973-
The enclosed submittal package includes the necessary applications signed by the
owner/applicant, public notification information such as the radius map and labels, and
the requisite fees.
The enclosed application illustrates the commitment of the owner to abide by the
Conditions set forth on the property. Vigilucci's Seafood and Steakhouse anticipates
continued success and is happy to provide the Carlsbad community with an elegant and
enjoyable dining experience.
PO Box 237, Carlsbad, CA 92018-0237 Phone (760) 438-0900 Fax (760) 738-0981
JACK HENTHORN & ASSOCIATES
Land Use and Planning Consultants
If you have any questions or need any additional information, please feel free to
contact me at (760) 438-4090 or via e-mail at henthorn@jhenthorn.com.
encl. Conditional Use Permit Extension Application Package
cc: Roberto Vigilucci
file
PO Box 237, Carlsbad, CA 92018-0237 Phone (760) 438-0900 Fax (760) 738-0981
November 10, 2010
City of Carlsbad
Planning Department
Mr. Scott Donnell
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Re: CUP 02-19(B)X1 - Vigilucci's Seafood and Steakhouse
Dear Mr. Scott Donnell:
In reference to the above mentioned CUP Extension request, I would like to state some of the steps I
have taken since 2002 to minimize the parking and traffic impacts in the residential neighborhood
surrounding the restaurant.
1. Internal memorandum is posted to advise all employees to not park their cars on Redwood
Avenue and Garfield Street.
2. Internal memorandum advises the valet personnel to not park their vehicles or valet customer
vehicles on Redwood Avenue and Garfield Street.
3. The hiring of a valet parking management company has maximized the number of vehicles that
can be parked in the lot, which minimizes the number of cars on the adjacent residential streets.
4. To alleviate the traffic back-up along Tamarack Boulevard, additional valet personnel are
assigned to work during peak hours of operation.
5. All employees are encouraged to carpool to and from work.
6. Some employees use public transportation.
Sincerel
eafood and Steakhouse
1 PLANNING COMMISSION RESOLUTION NO. 5973
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT 02-19(A) ON
4 PROPERTY GENERALLY LOCATED AT 3878 CARLSBAD
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
1.
6 CASE NAME: VIGILUCCI'S SEAFOOD & STEAKHOUSE
CASE NO.: CUP02-19fB)
7
WHEREAS, Roberto Vigilucci, "Developer/Owner," filed a verified application
o
9 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
the County Recorder of San Diego County, April 21, 197S as
File No. 75-092233 of Official Records
13 ("the Property"); and
14 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
16
Department, VIGILUCCI'S SEAFOOD AND STEAKHOUSE - CUP 02-19, as provided by
17
the conditions of approval of CUP 02-19 and Chapter 21.42 and/or 21.50 of the Carlsbad
18
Municipal Code; and
20 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
22 No. 5551; and
23
WHEREAS, Condition No. 8 of Planning Commission Resolution No. 5551
24
required the Planning Commission to review CUP 02-19 within seven (7) months of its
A**s
26 approval by the City Council to determine if all conditions of this permit had been met and
27 that the use did not have a substantial negative effect on surrounding properties or the
2° public health and welfare; and
1 WHEREAS, the Planning Department filed application CUP 02-19(A) to
2
facilitate the Planning Commission's review and amendment of CUP 02-19, as provided by
3
the conditions of approval of CUP 02-19 and Chapter 21.42 and/or 21.50 of the Carlsbad4
c Municipal Code; and
6 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
g
WHEREAS, at said public hearing, upon hearing and considering all testimony
9
and arguments of all persons desiring to be heard, said Commission considered all factors
10
relating to the CUP amendment and voted to require an additional public hearing on the
12 conditional use permit to determine if all conditions of this permit have been met and that
13 the use does not have a substantial negative effect on surrounding properties or the public
14 health and welfare; and
WHEREAS, the Planning Department filed application CUP 02-19(B) to
16
facilitate the Planning Commission's second review of CUP 02-19, as provided by the
17
conditions of approval of CUP 02-19(A) contained in Planning Commission Resolution No.lo
19 5763 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 19th day of October 2005,
21 hold a duly noticed public hearing as prescribed by law to consider CUP 02-19(B); and
22
WHEREAS, at said public hearing, upon hearing and considering all testimony
23
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
24
25 relating to the CUP amendment.
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.
PC RESO NO. 5973 -2-
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES VIGILUCCI'S SEAFOOD AND STEAKHOUSE - CUP 02-
19(B) based on the following findings and subject to the following conditions:
3
Findings;4
5 1. That the findings for CUP 02-19, as specified in Planning Commission Resolution
No. 5551, remain valid.
6
2. 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(6) also enables those
project conditions that have been fulfilled and that are no longer applicable to be
9 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
10 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
1 * Resolutions No. 5551 and 5763.
12 3. That the use permitted by CUP 02-19 does not have a substantial negative effect on
13 surrounding properties or the public health and welfare. Based on Planning staff
observations and a lack of citizen complaints, restaurant-operating characteristics
14 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
16 concerns about the applicant's non-compliance with the approved valet parking
plan represent limited, short-term impacts that primarily occur during the weekend
17 and that do not at this time rise to the level of having a substantial negative effect.
10
4. That CUP 02-19(6), as reflected in this resolution, contains conditions adequate to
19 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
20 reduce or eliminate any substantial negative effects.
21 Conditions;
22 Note: The following conditions shall be satisfied as long as this use continues:
23
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
24 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
26 future building permits or encroachment agreements; deny, revoke or further condition
all certificates of occupancy issued under the authority of approvals herein granted; record
27 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
28 gained by Developer or a successor in interest by the City's approval of this Conditional
Use Permit.
PC RESO NO. 5973 -3-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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
3 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.4
^ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
6
4. If any condition for construction of any public improvements or facilities, or the payment
7 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
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
10
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
11 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
12 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
13 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-
14 discretionary, in connection with the use contemplated herein, and (c)
1, 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
16 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
17 validated.
18 6. This Conditional Use Permit is granted for a period of five (5) years from October 19,
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
20 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
22 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
23 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
24 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.
26 7. This Conditional Use Permit shall be reviewed by the Planning Director annually to
27 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 RESO NO. 5973 -4-
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
2 substantial negative effects.
3 8. At all times, the 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.
6 ii. The total number of seats in the restaurant, bar, and outdoor dining
area shall not exceed 125.
7 iii. 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
9 floor plan. Furthermore, the covered patio area adjacent to the
restrooms shall not be used as a dining area.
10 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.
13 vii. No dancing or dance bands shall be allowed.
b. Outdoor dining
i. The outdoor dining area shall be limited to the existing patio space on
1 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
16 north.
ii. No customers shall be seated for outdoor dining after 10 p.m.
17 c. Appearance
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,
ii. The building, parking lot and other portions of the property shall be
20 kept clean and in a neat appearance,
d. Parking and Access
21 i. On-site parking shall substantially comply with the valet parking plan
2 as shown on approved Exhibit "G," the "Valet Parking Plan." This
includes maintaining an unobstructed 14-foot wide vehicle aisleway
23 and the vehicle turnaround as shown on the approved exhibit
ii. Self-parking is permitted in lieu of valet parking during non-peak
24 restaurant periods (e.g. during the afternoon) when continuous
demand for parking does not exceed 21 spaces, the maximum parking
25 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."
27 iii. Accessible parking and loading areas and an accessible route to the
building shall be maintained regardless of whether self- or valet
28 parking is occurring.
PCRESONO. 5973 -5-
iv. The 60-inch wide painted pedestrian pathway from the building exits
2 to the Tamarack Avenue sidewalk shall be kept unobstructed,
e. Storm Water Pollution Prevention
3 i. The trash enclosure area shall be kept clean and the trash receptacles,
including grease storage bins, shall be kept closed when not in use.
ii. Secondary containment shall be provided for all outdoor grease
r storage. Keep additional spill cleanup materials (absorbents, mops,
and buckets) available. The Developer shall train and remind
6 employees about spill response procedures and the proper disposal of
waste.
7 iii. All implemented Best Management Practice Measures (BMPs) shall
„ be maintained and subject to inspection by the City's Storm Water
Protection Program.
9
Engineering
10
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.
12 11. Developer shall install rain gutters to convey roof drainage to an approved drainage
13 course or street to the satisfaction of the City Engineer.
14 12. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Code Reminders
17 13. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in ef
permit issuance, except as otherwise specifically provided herein.
19 14. The project shall comply with the latest non-residential disabled access requirements
20 pursuant to Title 24 of the State Building Code.
21 15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
22 Code Section 18.04.320.
23 16. 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
24 Director prior to installation of such signs.
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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 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 the 19th day of October 2005, by the
following vote, to wit:
AYES: Chairperso'n Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES: Commissioner Whitton
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RESO NO. 5973 -7-