HomeMy WebLinkAbout2017-03-15; Planning Commission; ; CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: December 14, 2016
P.C. AGENDA OF: March 15, 2017 Project Planner: Teri Delcamp
Project Engineer: David Rick
SUBJECT: CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL – Request for a Coastal
Development Permit for an interior remodel to relocate the restaurant’s kitchen to the
rear of the building, relocate an existing dining area to the front of the restaurant with no
increase in square footage or in overall seating, and an associated exterior remodel. The
site is located at 3878 Carlsbad Boulevard in the Commercial Tourist (C-T) zone, within
the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone
1. The project qualifies as a CEQA Guidelines Section 15301(a) (Existing Facilities) Class 1
Categorical Exemption. This project is located within the appealable area of the California
Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7230 APPROVING Coastal
Development Permit CDP 16-30 based on the findings and subject to the conditions contained therein
II. PROJECT DESCRIPTION AND BACKGROUND
The project involves an interior and exterior remodel of the existing Vigilucci’s Seafood and Steakhouse
restaurant, with no increase in square footage, no increase in restaurant seating and no intensification of
use. The older building and kitchen are in need of interior renovation, and the owner is choosing to
relocate the kitchen within the building and remodel the exterior as a business decision and for improved
functionality of the restaurant. The restaurant has an approved and active conditional use permit (CUP
02-19(B)X1. Because the project does not propose any modifications to the operation of the restaurant
use that would modify the CUP, this project only requires a Coastal Development Permit (CDP).
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 a CUP was not required by the property's zoning
at that time, the applicant submitted the CUP application based on an agreement with the city. The
agreement arose from prior experiences and issues with the previous restaurant (the Sandbar) in the
1990s at the site and the restaurant’s close proximity to residences, and recognized the need for
regulation by CUP of a restaurant use at 3878 Carlsbad Boulevard. CUP 02-19 was originally approved in
March 2004 by the City Council. The Planning Commission subsequently reviewed and approved the CUP
twice at public hearings to determine permit compliance and neighborhood compatibility. These reviews
occurred in October 2004 CUP 02-19(A) and October 2005 (CUP 02-19(B)). Then in 2011, the Planning
Commission considered and approved a time extension request for ten years (CUP 02-19(B)x1) which will
expire in January 2020. The CUP was approved with a limitation on the number of indoor and outdoor
seats not to exceed 125, and a valet parking program given the limited number of parking spaces on the
existing restaurant site. The CUP has received time extensions based on the successful operation of the
restaurant and compliance with conditions of approval. Annual reviews conducted by staff have
continued to show that the restaurant is operating in compliance with the CUP. Given there are no
proposed modifications to the use or its intensity, discussions regarding the CUP are not relevant to the
current request.
1
CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL
March 15, 2017
Page 2
The proposed project involves an interior remodel and improvements to upgrade the restaurant’s kitchen,
and place it in a new location toward the rear of the building. The existing kitchen is located in the
northwest corner of the building, just north of the restaurant’s dining room. An additional dining area
used mostly for private events is currently located behind the existing kitchen. Relocating the kitchen to
the rear of the building and moving the private dining area to the front of the building (essentially
swapping these areas) will allow all of the dining seats to be located in the front of the restaurant and
locate all of the back-of-house facilities in the rear of the building.
These interior changes will have an effect on the exterior of the building. A new, slightly higher roof
element is proposed over the relocated kitchen and the flat roof at the rear of the building will have a
parapet added on the north and south sides. The old rooftop venting equipment, and its enclosure
currently visible near the front of the building, will be removed. New equipment with a more attractive
and architecturally compatible enclosure will be installed on the new roof above the relocated kitchen.
The relocation of the private dining area to the front of the building provides an opportunity to open up
the northwest front façade of the restaurant to views. By removing the existing high sill windows and
replacing them with bi-fold glazed doors to match the existing glazed doors on the rest of the restaurant,
the relocated dining area will also open onto the existing outdoor dining patio. The new wall areas
supporting the slightly higher roof over the kitchen and the new parapet at the rear building roof area will
be stuccoed to match the rest of the building. The entire building will be re-roofed with Decra Villa tile
roofs. The exterior color palette of the building will remain essentially the same as the existing.
Table 1 below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE 1
Location General Plan Designation Zoning Current Land Use
Site Visitor Commercial (VC) Commercial Tourist (C-T) Restaurant
North R-23 Residential Residential Density-
Multiple (RD-M)
Single Family Residence
South R-23 Residential RD-M Condominiums
East R-23 Residential RD-M Apartments
West Open Space (OS) OS Beach
III. ANALYSIS
The proposed project is subject to the following ordinances, standards, and policies:
A. Visitor Commercial (VC) General Plan Land Use designation;
B. Commercial Tourist (C-T) Zone (CMC Chapter 21.29);
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203); and
D. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1.
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail in the sections below.
CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL
March 15, 2017
Page 3
A. Visitor Commercial (VC) General Plan Land Use
The subject property has a General Plan Land Use designation of Visitor Commercial (VC). The VC General
Plan Land Use designation category addresses commercial uses that serve the travel, retail, shopping,
entertainment, and recreation needs of visitors, tourists, and residents. The proposed project is
consistent with the goals for the VC Land Use designation, as outlined within the General Plan, because it
provides for a remodel of an existing restaurant use which is a visitor-oriented use.
The site has been zoned for commercial uses since at least 1956. The restaurant use in general has existed
on the site for over 40 years. This restaurant has been in operation on the site since 2004. The advent of
the CUP approved for the restaurant allowed the city to apply operational conditions of approval that had
not been possible previously. The conditions are intended to ensure that the restaurant can operate
successfully, but in a way that complements but does not conflict with the adjoining residential uses. The
restaurant has continued to operate in compliance with the conditions of approval. The proposed project
does not affect the CUP or its conditions, which will remain in full force and effect. The relocation of the
kitchen rooftop venting equipment within a new enclosure provides the opportunity for newer state of
the art equipment and design of the enclosure to help reduce any noise and visual impacts that may
currently be occurring on the adjacent residential properties. The restaurant is located on Carlsbad
Boulevard which is the major coastal transportation corridor, and is directly across the street from the
tourist and visitor draw of the ocean. The project reinforces the pedestrian and multi-modal orientation
desired for Carlsbad Boulevard since existing and new residents, tourists and employees have the
opportunity to walk to the restaurant. The proposed interior and exterior remodel for the relocation of
the kitchen that allows all dining areas to be at the front of the restaurant will help ensure the continued
success and viability of the existing visitor-oriented restaurant. Furthermore, the project will provide a
strong street presence by updating the appearance of the existing building as viewed along Carlsbad
Boulevard.
B. Commercial Tourist (C-T) Zone (CMC Chapter 21.29)
The project site is located in the Commercial Tourist (C-T) Zone which is intended for visitor-oriented
commercial uses and attractions that serve the travel and recreational needs of visitors and residents, as
well as employees of businesses and industrial centers, etc. The development standards of the C-T Zone
help ensure that these visitor-oriented uses are economically viable and also compatible with surrounding
properties.
As noted previously, the restaurant has been in operation under a CUP since 2004. The building has not
substantially changed in any way, other than interior remodels and exterior façade upgrades, since 1975.
The existing building and site is, and has been, legally non-conforming as to setbacks and parking. The
approved CUP acknowledged the non-conformities of the long-standing use, and included conditions to
ensure that no expansion of use would occur (unless requested and approved by a modification of the
CUP). The proposed project does not propose any expansion or intensification of use or the addition of
square footage that would trigger the requirement for a CUP amendment and compliance with all
applicable zoning standards. However, Table 2 below sets forth the project’s compliance with the CUP-
approved standards for seating and parking, and the C-T Zone height limit which does apply to the project
since a new roof element is proposed over the relocated kitchen.
CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL
March 15, 2017
Page 4
TABLE 2 – CUP 02-19(B)X1 AND C-T ZONE STANDARDS COMPLIANCE
STANDARD REQUIRED/ALLOWED PROPOSED COMPLY?
Maximum number
of seats in
restaurant, bar and
outdoor dining patio
per CUP 02-19(B)X1
125 125 (no change proposed) Yes
Parking spaces and
use of parking lot
per CUP 02-19(B)X1
21 parking spaces and use of
valet parking to provide 28
spaces at peak times.
21 parking spaces and use of
valet parking to provide 28
spaces at peak times (no change
proposed, although the
accessible parking space
configuration/striping will
change from the previous
tandem design to side-by-side
spaces).
Yes
Max Building Height 35’ 19.25’ Yes
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203)
The proposed interior and exterior remodel of the existing restaurant is consistent with the Mello II
Segment of the Local Coastal Program. Views of the coastline, as seen from public lands or the public
right-of-way, will not be obstructed by the proposed project since no new construction is proposed that
would affect views from public places. The project would not damage the visual beauty of the coastal
zone, but rather enhance it to the extent that the exterior appearance of the building will be further
upgraded. No agricultural uses currently exist on the site, nor are there any sensitive resources located
on the property. The project site is not located in an area of known geologic instability or flood hazard.
Although the site is located near the coast, no public opportunities for coastal shoreline access are
available from the site since it is located east of Carlsbad Boulevard. Furthermore, the site is also not
suited for water-oriented recreation activities.
D. Growth Management Ordinance, Local Facilities Management Plan Zone 1
The project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City.
The Zone 1 Local Facilities Management Plan identifies the property as commercial with the developed
square footage, and accommodates the potential for additional commercial square footage even thought
that is unlikely to occur. The interior and exterior remodel of the existing restaurant without increasing
square footage or seating will not intensify the use and will not result in increased public facilities
demands. Therefore, the proposal will not exceed performance standards for public facilities or growth
projections analyzed in the Zone 1 Local Facilities Management Plan and the project is consistent with the
Growth Management Ordinance. No new facilities analysis is required and no amendment to the facilities
plan is necessary.
CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL
March 15, 2017
Page 5
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301(a), Existing Facilities, of the State CEQA Guidelines
and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 7230
2. Location Map
3. Disclosure Statement
4. Reduced Exhibits
5. Full Size Exhibits “A” – “J” dated February 15, 2017
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Carlsbad·
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
{760) 602-4610
www.carlsbadca.gov
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.) Perso~J,e,y). Ar~L/~vlsj7 Corp/Part. _________ _
Title ,At2J//f=~ Title. __________ _
Address,~~ lA.a::Xf.)~ ~ Address rz~~ ---------------
2. OWNER (Not the owner's agent)
P-1(A)
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 .£ok:& VJt; /vaJ Corp/Part. __________ _
Title Qvv<lll vr I Title ____________ _
Address 'f520 ~S
ltzcoJ}
Address. ____________ _
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