HomeMy WebLinkAbout2023-09-20; Planning Commission; ; Vigilucci’s Seafood & Steakhouse; a request to allow the continued operation of an existing restaurant and the installation of an outdoor patio for additional outdoor sea
Meeting Date: Sept. 20, 2023 Item 1
To: Planning Commission
Staff Contact: Lauren Yzaguirre, Associate Planner; Lauren.Yzaguirre@carlsbadca.gov, 442-339-
2634
Subject: Vigilucci’s Seafood & Steakhouse; a request to allow the continued operation of
an existing restaurant and the installation of an outdoor patio for additional
outdoor seating.
Location: 3878 Carlsbad Boulevard/204-253-20/District 1
Case Numbers: CUP2021-0008/ CDP2021-0031 (DEV02060)
Applicant/Representative: Darren Machulsky, 609-462-4234, dmachulsky@yahoo.com
CEQA Determination: ☐ Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☐ Other:
Permit Type(s): ☐ SDP ☒ CUP ☒ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA
☐ Other:
CEQA Status: ☐ The environmental assessment IS on the Agenda for discussion
☒ A CEQA determination was already issued. That decision is final and
IS NOT on the Agenda
Commission Action: ☒ Decision ☐ Recommendation to City Council ☐ Informational (No Action)
Recommended Actions
That the Planning Commission ADOPT Planning Commission Resolution (Exhibit 1), APPROVING Conditional Use
Permit CUP 2021-0008 and Coastal Development Permit CDP 2021-0031 based upon the findings and subject to
the conditions contained therein.
Existing Conditions & Project Description
Existing Setting
The subject site consists of a 0.32-acre lot at 3878 Carlsbad
Boulevard (Exhibit 2). The lot contains an existing 4,720
square foot restaurant with 239-square feet of outdoor
patio. The restaurant also contains an existing 1,910-
square foot temporary patio which will be removed. The
restaurant was first constructed in 1975. The parcel is
relatively flat with personal landscaping largely consisting
of varying shrubs, palm trees, and succulents. The property
contains 21 existing off-street parking spaces, however
valet parking was approved under the previous Conditional
Use Permit (CUP 02-19), which allowed 28 valet spaces
within the existing parking lot.
Site Map
Sept. 20, 2023 Item #1 Page 1 of 179
Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and
surrounding properties. Also refer to Exhibit 2 for a larger map.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Designation Current Land Use
Site Visitor Commercial (V-C) Commercial Tourist
(C-T)
Restaurant
North Residential, 15-23
dwelling units (R-23)
Residential Density-
Multiple (RD-M)
Single Family Dwelling
South Residential, 15-23
dwelling units (R-23)
Residential Density-
Multiple (RD-M)
Multi-Family Dwelling
East Residential, 15-23
dwelling units (R-23)
Residential Density-
Multiple (RD-M)
Multi-Family Dwelling
West Open Space (OS) Open Space (OS) Tamarack State Beach
General Plan Designation
Zoning Designation
Background
In March of 2004, a conditional use permit (CUP 02-19) was approved by City Council Resolution No. 2004-082
to operate an existing restaurant with a maximum occupancy of 125 seats for the restaurant, bar and outdoor
dining, on-site valet parking for 28 spaces and an expiration date of March 9, 2006 (5-year approval). The CUP
was subject to a number of pertinent conditions of approval, including condition number 8, which required
Planning Commission review of the CUP within seven (7) months of the approval to determine condition
compliance and to evaluate whether the use had a substantial negative effect on surrounding properties or the
public health and welfare. This review was scheduled to occur by Oct. 9, 2004.
In Sept. 2004, the Planning Department filed the first CUP amendment (CUP 02-19(A)) to facilitate the Planning
Commission’s review and amendment of CUP 02-19 as required by condition 8 of City Council Resolution No.
2004-082. The amendment was approved Oct. 20, 2004, by Planning Commission Resolution No. 5763.
Resolution No. 5763 imposed three additional conditions:
A requirement that a report to be made to the Planning Commission at a noticed public hearing no later
than mid-Sept. 2005 to determine if all conditions of the permit have been met and that the use does
not have a substantial negative effect on surrounding properties or the public health and welfare;
That all conditions of CUP 02-19 remain in effect; and,
A three-part condition related to maintenance of the trash enclosure area, sanitation, and Best
Management Practice Measures (BMP) inspections by the City’s Storm Water Protected Program.
In Aug. 2005 the Planning Department filed the second CUP amendment (CUP 02-19(B)) to facilitate the
Planning Commission’s review as required by the previous conditions. The amendment (CUP 02-19(B)) was
Sept. 20, 2023 Item #1 Page 2 of 179
approved on Oct. 19, 2005, by Planning Commission Resolution No. 5973. Resolution No. 5973 and its conditions
superseded and replaced those of City Council Resolution No. 2004-082 and Planning Commission Resolution
No. 5763. Resolution 5973 was approved for a period of five (5) years from Oct. 19, 2005, to Oct. 18, 2010.
On Jan. 19, 2011, the Planning Commission approved the first extension of the amended CUP (CUP 02-19(B)x1))
by Resolution No. 6751. This resolution replaced conditions from the previous resolution, Resolution No. 5973,
and retroactively granted the CUP for a period of ten years from Oct. 19, 2010, through Oct. 18, 2020.
The Carlsbad Municipal Code (CMC) governs the procedure for reviewing and considering CUPs, CUP
amendments, and CUP extensions. All land use and development permit applications and approvals, except
building permits, shall be decided by using the procedures contained in Chapter 21.42 Minor Conditional Use
Permits and Conditional Use Permits. Such permits also expire at such time as designated in the approved
planning entitlement and permit, unless extended. When reviewing extension requests, the city is generally
limited to determining whether or not the applicant should be granted additional time to exercise the CUP as
approved. However, in this instant, the landowner/operator did not submit an extension of the CUP prior to its
expiration and the CUP has since expired (Oct. 18, 2020). In June 2021, the landowner/operator submitted for a
new CUP (CUP 2021-0009) and Coastal Development Permit (CDP 2021-0031) for the continued operation of the
restaurant use, a new detached outdoor dining patio, and off-site valet. The Planning Commission’s standard for
review of the land use development application must consider and examine the restaurant use anew, without
deference to previous decisions or permits issued. The Planning Commission’s review may include analysis of
proposed location, design and configuration, and result in conditions of approval in order to ensure the
appropriateness of the use at a particular location. Information regarding previous entitlements and permits
(such as CUP 02-19) that has relevance to the subject request has been provided for informational purposes
only.
At the time of the original CUP approval (CUP 02-19), the site was zoned General Commercial (C-2). During the
2015 comprehensive General Plan Update, which included associated amendments to the Local Coastal Program
land use map, the zoning ordinance and the zoning map (EIR 13-02/GPA 07-02/ZCA 07-01/ZC 15-02/LCPA 07-
02/SS 15-05/SS 15-06) the site’s T-R General Plan and Local Coastal Program designation was amended to
Visitor Commercial (V-C) and the site was rezoned from C-2 to Commercial Tourist (C-T) and Beach Area Overlay
Zone. The C-T zone requires a CUP approved by the Planning Commission for restaurants located adjacent to
residentially developed or designated property. A CDP is also required for the development of the outdoor
dining patio as the project is located within the appealable area of the Mello II Segment of the coastal zone.
Proposed Project
The applicant proposes the continued operation of an existing restaurant use with outdoor dining and an onsite
valet for 24 vehicles, the removal of an existing 1,910-square foot temporary patio cover that was permitted as a
COVID Private Property Permit, the construction of a 1,401-square-foot, 14-foot-4-inch-tall permanent outdoor
patio cover, and the proposed operation of off-site valet.
Continued Operation of Existing Restaurant and Outdoor Dining and Onsite Valet
The existing restaurant is 4,720 square feet and contains a 239-square foot attached patio along the
Carlsbad Boulevard right-of-way. The restaurant is located within the C-T zone, which requires a CUP
approved by the Planning Commission for restaurants located adjacent to residentially developed or
designated property. No change is proposed to the indoor restaurant size and existing 239 square-foot
patio. A copy of the previous staff report for CUP 02-19 has been included as Exhibit 3 for informational
purposes.
Proposed Patio
A 1,910-square-foot detached temporary patio was permitted in 2021 as a Private Property Permit.
This was allowed due to the suspension of certain land use regulations during the public health
Sept. 20, 2023 Item #1 Page 3 of 179
emergency. The project proposed to demolish the temporary structure and construct a 1,401 square
foot, 14-foot-4-inch-tall detached permanent patio in its place. The patio will be limited to a maximum
of 90 dining seats. The proposed patio sits at the southwest corner of the lot, taking up existing
customer parking spaces. Please see Parking/Off-site Valet section below for additional parking
information.
Parking/Off-site Valet
The previous Conditional Use Permit (CUP 02-19) allowed for 28 valet parking spaces at the site. At the
time of this original CUP, the restaurant use required a total of 57 parking spaces, however, only 21
spaces could be accommodated on-site. To manage parking demand, valet operations were permitted
for the restaurant, which increased parking capacity to 28 spaces but was still below the 57 spaces
required for the restaurant. The original approval noted that parking was a concern for many years at
the project site and providing valet service was the best course of action to improve parking. The noted
advantages of on-site valet included the ability to control access in and out of the parking lot, therefore
alleviating traffic caused by cars queuing, and parking a greater number of cars than achievable by a
self-parking lot.
The applicant is required to provide parking for the additional seating area of the 1,401-square-foot
permanent outdoor patio and satisfy all parking requirements. Approximately 400-square-feet of the
permanent patio is considered incidental outdoor dining pursuant to CMC section 21.26.013 and
therefore is excluded from the parking calculations. The remaining 1,001-square-feet of the patio must
be parked at a rate of one space per 100 square foot of the new dining area. The applicant is also
required to replace seven parking spaces that are removed. Therefore, the new patio requires 18
additional parking spaces.
Pursuant to CMC Section 21.44.040, the city planner 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 and circulation. The modification shall be based on the
results of a parking study prepared by a registered traffic engineer or other qualified parking
consultant, or other evidence satisfactory to the city planner. Similarly, CMC Section 21.42.140.A allows
flexibility in applying parking standards through the approval of a conditional use permit and related
findings and conditions. Because the permit requires Planning Commission approval, the Planning
Commission also has the authority to conditionally approve or deny the proposed modification of the
required parking standards (CMC Section 21.54.040.C).
The applicant proposes to provide the 18 additional required parking spaces through valet service
parking the cars off-site at the New Song Community Church, located at 3780 Pio Pico. The Church has
agreed to enter into a parking agreement to allow the restaurant to utilize a minimum of 18 parking
spaces Mondays through Sundays from 11am to midnight, except Christmas Eve and Easter Sunday and
up to 64 parking spaces Mondays, Wednesday, Thursdays, Fridays and Sundays excepting Christmas
Eve and Easter Sunday. This location is approximately 4,752 feet from the restaurant facility. The
restaurant valet employees will drive vehicles to the offsite parking lot and will be shuttled back to the
restaurant. Valet employees will be shuttled back to the parking lot to retrieve cars when restaurant
patrons are ready to leave. The city planner has reviewed and concurs with this modification under the
authority granted by CMC 21.44.040 as part of the Conditional Use Permit and Coastal Development
Permit and recommends Planning Commission approval of the modification. The off-site valet parking
plan is detailed in the Project Analysis (Exhibit 4). Project plans are attached to the staff report (Exhibit
5).
Public Outreach & Comment
The Developer has completed the Early Public Notice procedures pursuant to City Council Policy No. 84
(Development Project Public Involvement Policy). A notice of project application was mailed on July 29, 2021, to
property owners within 600 feet and occupants within 100 feet of the subject property. One, two-foot-tall by
Sept. 20, 2023 Item #1 Page 4 of 179
three-foot-wide yellow sign was posted at the project site on July 31, 2021, notifying all pass-by traffic of the
project, which provides project name, application numbers, description, as well as both Developer and city staff
contact information. A total of 135 property owners and occupants were notified.
In addition to the above, the Developer completed the Enhanced Stakeholder Outreach Program pursuant to
City Council Policy No. 84 (Development Project Public Involvement Policy). As such, an Enhanced Stakeholder
Outreach meeting was held at the Carlsbad Senior Center on Aug. 9, 2021, where the applicant provided an
overview of the proposed project and listened to comments and concerns raised by attendants. Following the
presentation there were several questions and comments from the attendees regarding the project. A summary
of the questions raised at the meeting along with the Developer’s answers to those questions, as well as the
Developer’s correspondence with the public before and after the outreach meeting is included in an Enhanced
Stakeholder Outreach. Please see Exhibit 6 for details and a summary of the main questions highlighted below.
Response to Public Comment & Project Issues
The public outreach meeting resulted in nine common questions or concerns. Outside of general questions
regarding the project, the majority of the questions focused on the valet, traffic, and patio design. One question
asked that was directed to the city was regarding the possibility of using the Tamarack State Beach parking lot
for restaurant patrons.
This option was previously discussed during the review of the original CUP, CUP 02-19. The Tamarack Beach
public parking lot across Carlsbad Boulevard is owned by the State of California. Visitors pay a fee at machines to
use this lot. Staff hold the same position now as previously, that the city could not participate in pursuit of using
the public Tamarack lot for commercial purposes. The city does not have authority on the Tamarack Beach or
the public parking lot. This parking lot is intended to serve beachgoers and to provide access to the coast.
Carlsbad Municipal Code requires the city evaluate impacts to off-street parking when allowing uses.
Encouraging restaurant customers to use this lot could potentially create an obstacle for public access which is
in violation of Chapter Three of the Coastal Act which requires development to not interfere with the public’s
right of access to the sea. The applicant was informed of the city’s position on this matter. A full stakeholder
outreach report is provided in Exhibit 6.
The project was scheduled for the Aug. 16, 2023 hearing. The hearing was continued to allow staff additional
time for preparation of the required documents. In accordance with CMC 21.54.060(A)(1)(b), the city mailed a
notice of public hearing for the Aug. 16, 2023 hearing on Aug. 4, 2023 to property owners within 600 feet and
occupants within 100 feet of the subject property. 38 letters were received, one of which includes the signatures
of 71 individuals in opposition. Some comments listed concerns related to traffic, sight distance, public safety
noise, and parking. To address sight distance and public safety concerns, a condition of approval was added to
the resolution to require the installation of a stop sign for vehicles exiting the property. These comments have
been included in the staff report as Exhibit 6. Due to the new hearing date, additional notices to property
owners within 600 feet of the proposed site, as well as the off-site valet parking lot were sent.
Project Analysis
General Plan Consistency
The City of Carlsbad General Plan includes several goals and policies that guide development and land use
within the city. A discussion of how the project is consistent with the applicable General Plan policies is
summarized in Exhibit 4.
Municipal Code Consistency
The City of Carlsbad Municipal Code, most notably Tile 21 Zoning Code, includes requirements and provisions
that guide development and land use within the city, consistent with the General Plan. Specific compliance with
these relevant requirements is described in Exhibit 4.
Local Coastal Program Consistency
Sept. 20, 2023 Item #1 Page 5 of 179
The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the
Local Coastal Program, including all goals and policies of the General Plan and all zoning code standards, as
referenced above.
Inclusionary Housing Ordinance
No housing is proposed with this project; therefore, the project is not subject to the city’s inclusionary housing
ordinance.
Discretionary Actions & Findings
The proposed Project requires approval of two permit types (Conditional Use Permit and Coastal Development
Permit), each of which is discussed below.
Conditional Use Permit (CUP 2021-0008)
Approval of a Conditional Use Permit (CUP) is required for the continued use and operation of the restaurant as
well as the proposed patio structure and offsite valet parking to ensure that that site layout, configuration, and
site development standards comply with all relevant city standards. (CMC §21.06.030.) Staff finds that the
required findings for this application can be met (Exhibit 1).
The current land use development request re-proposes the restaurant use. The CUP to operate the restaurant
was first approved in 2004 and was operating in a lawful manner until the CUP expired on Oct. 18, 2020. Denial of
the request for a new CUP would prohibit the continued use of the restaurant by the landowner/operator. Denial
of the CUP request would not benefit the public health, safety, and welfare as the restaurant use has been in
operation for the past 20 years, and there has been no evidence to show the restaurant to be potentially
objectionable or incompatible with the character of the city and its environs due to noise, dust, odor or other
undesirable characteristics, unless the Planning Commission determines which standards in the applicable
ordinance (Section 21.42.030 Findings of Fact) were/are not met.
Coastal Development Permit (CDP 2021-0031)
Approval of a Coastal Development Permit (CDP) is required because the project proposes development within
the coastal zone. (CMC §21.06.030.) Staff finds that the required findings for this application can be met (Exhibit
1).
Environmental Review
In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Planner has
determined that the project qualified for an exemption pursuant to CEQA Guidelines section 15332 – Infill
Development Projects. A notice of intended decision regarding the environmental determination was advertised
on June 28, 2023 and posted on the city’s website. No comment letters or appeal was received and consistent
with Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance the City Planner’s written
decision is final. Refer to Exhibit 7 for additional support and justification.
Conclusion
Considering the information above and in the referenced attachments, staff has found that the proposed project
is consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal
Code and Local Facility Management Zone. All required public improvement and utilities are available to serve the
proposed development. In addition, there are no environmental issues associated with the project.
The project is conditioned to ensure the proposed project’s compatibility with the surrounding properties and
that the public health, safety, and welfare of the community are maintained. The project would be required to
comply with all applicable California Building Standards Codes and engineering standards through the standard
building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt
the resolutions, recommending approval of the proposed project described in this staff report.
Sept. 20, 2023 Item #1 Page 6 of 179
Exhibits
1.Planning Commission Resolution
2.Location Map
3.CUP 02-19 Staff Report, Dated February 4, 2004
4.Project Analysis
5.Reduced Exhibits
6.Stakeholder Outreach Report and Public Comments
7.Notice of CEQA Determination
8.Disclosure Form
9.Pacific Coast Valet Letter, dated July 14, 2023
10.List of Acronyms and Abbreviations
11.Exhibits “A” – “E” dated Sept. 20, 2023 (on file in the Office of the city clerk)
Sept. 20, 2023 Item #1 Page 7 of 179
PLANNING 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
Exhibit 1
Sept. 20, 2023 Item #1 Page 8 of 179
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
Sept. 20, 2023 Item #1 Page 9 of 179
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
Sept. 20, 2023Sept. 20, 2023 Item #1 Page 10 of 179
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-
Sept. 20, 2023 Item #1 Page 11 of 179
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
Sept. 20, 2023 Item #1 Page 12 of 179
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 for 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.
Sept. 20, 2023 Item #1 Page 13 of 179
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.
Sept. 20, 2023 Item #1 Page 14 of 179
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
Sept. 20, 2023 Item #1 Page 15 of 179
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.
Sept. 20, 2023 Item #1 Page 16 of 179
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
Sept. 20, 2023 Item #1 Page 17 of 179
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 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.
Sept. 20, 2023 Item #1 Page 18 of 179
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
Sept. 20, 2023 Item #1 Page 19 of 179
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Sept. 20, 2023 Item #1 Page 20 of 179
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Sept. 20, 2023 Item #1 Page 21 of 179
ee City of Carlsbad Planning Departmee
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: February 4, 2004
Item No.(!)
Application complete date: August 20, 2003
Project Planner: Scott Donnell
Project Engineer: David Rick
SUBJECT: GPA 01-04/LCPA 01-07/CUP 02-19 -VIGILUCCl'S SEAFOOD &
STEAKHOUSE -Request for approval of (1) amendments to the General Plan and
Local Coastal Program to change the current residential land use designation to a
commercial designation suitable for a restaurant; and (2) a conditional use permit for an
existing restaurant and to allow proposed outdoor dining at that restaurant at 3878
Carlsbad Boulevard.
RECOMMENDATION ACTION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5549, 5550 and 5551
RECOMMENDING APPROVAL of GPA 01-04, LCPA 01-07, and CUP 02-19 based upon the
findings and subject to the conditions contained therein
BACKGROUND
At its meeting of January 21, 2004, the Planning Commission voted 7-0 to continue the above item to
the February 4 meeting and directed staff to return with findings and conditions for a conditional use
permit (CUP) to allow outdoor dining.
If an outdoor dining proposal intensifies an existing use, Zoning Ordinance Section 21.04.107
considers the proposal as development that requires a coastal development permit. If an outdoor
dining request does not represent intensification, then no coastal development permit is needed. Staff
believes that the applicant's outdoor dining proposal, as proposed and recommended to be conditioned,
does not represent an intensification of the restaurant or create a demand for more parking.
Accordingly, no coastal development permit is required and the Planning Commission does not need to
take action on a resolution recommending approval of such a permit.
On the other hand, without the recommended conditions, staff believes the applicant's request would
represent an intensification of the existing restaurant. Any intensification of the restaurant cannot be
approved based on Zoning Ordinance Section 21.48.080, which prohibits the intensification of a
nonconforming use or building. Vigilucci' s Seafood and Steakhouse is nonconforming both in terms
of its rear setback and in terms of parking.
Staff has spoken with the City Building Department to confirm the maximum occupancy for the
restaurant. The occupancy limit for the restaurant, which the City had established previously for the
Sandbar, is 125 seats. The applicant concurs with this maximum. Staff has incorporated this limit
into the conditions of approval so that at all times there can be no more than 125 total seats at the
restaurant, bar, and outdoor patio.
Exhibit 3
Sept. 20, 2023 Item #1 Page 22 of 179
GPA 01-04/LCPA 01-07/CUP,2-19-VIGILUCCI'S SEAFOOD & s1AKHOUSE
FEBRUARY 4, 2004
Pae 2
Besides establishing the maximum number of seats for the restaurant, other conditions either added or
revised to regulate outdoor dining include the following:
1. Requiring a floor plan that clearly shows the maximum allowable number of seats, and
requiring the locations of dining areas, whether indoors or out, to substantially comply with the
locations indicated on the floor plan.
2. Defining the limits of where the outdoor dining can occur.
3. Establishing 9 p.m. as the limit for seating customers at the outdoor tables.
4. Restricting any entertainment to occur inside the restaurant only.
Furthermore, staff has revised Condition 7 that calls for the annual review of the CUP, to state that
Staff will return to the Commission in seven months at a noticed public hearing to review and report on
compliance with the imposed conditions. This revision should enable the Planning Commission to
have the benefit of reviewing the permit following a full summer of operation. Staff has also revised
the condition to require public notice and hearing of any CUP extension.
If approved by the City Council, the conditional use permit will become effective immediately upon
the Council's action. However, the CUP resolution stipulates that the approval will become void if the
associated general plan amendment and local coastal program amendment do not receive final approval
from the City Council and California Coastal Commission, respectively.
ATTACHMENTS:
1. Planning Commission Resolution No. 5549
2. Planning Commission Resolution No. 5550
3. Planning Commission Resolution No. 5551
4. Staff Report dated January 21, 1004, with attachments
Sept. 20, 2023 Item #1 Page 23 of 179
-he City of Carlsbad Planning Departmef
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: January 21, 2004
ItemNo. ®
Application complete date: August 20, 2003
Project Planner: Scott Donnell
Project Engineer: David Rick
SUBJECT: GPA 01-04/LCPA 01-07/CUP 02-19/CDP 02-34 -VIGILUCCl'S SEAFOOD
& STEAKHOUSE -Request for approval of (1) amendments to the General
Plan and Local Coastal Program to change the current residential land use
designation to a commercial designation suitable for a restaurant; (2) a conditional
use permit for an existing restaurant at 3878 Carlsbad Boulevard; and (3) a coastal
development permit to allow proposed outdoor dining at the restaurant.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5549, 5550 and
5551 RECOMMENDING APPROVAL of GPA 01-04, LCPA 01-07, and CUP 02-19 based
upon the findings and subject to the conditions contained therein and ADOPT Planning
Commission Resolution No. 5552 RECOMMENDING DENIAL of CDP 02-34 based upon the
findings therein.
II. PROJECT INTRODUCTION AND DESCRIPTION
This project involves the concurrent review of General Plan and Local Coastal Program
amendments, a conditional use permit, and a coastal development permit. These applications
affect the restaurant and property known as "Vigilucci's Seafood and Steakhouse." The
restaurant is located at the comer of Carlsbad Boulevard and Tamarack A venue in the beach
area. No significant changes to the business' operations, buildings, or grounds are being
proposed as part of this project.
Associated with this project are three key issues. A description and summary of each issue
follow:
A. Land Use -The Vigilucci property has an incompatible C-2 (General Commercial)
zoning and RH (High Density Residential) General Plan designation. In 2001, the City
Council, based in part on Planning Commission input, directed that the City consider
designating the property for commercial uses. Accordingly, staff has responded to the
Council's direction and has proposed to fix the inconsistency by changing the General
Plan designation to T-R (Travel/Recreation Commercial) and the zoning to C-T (Tourist
Commercial). For reasons explained below, staff proposes only a General Plan
amendment at this time.
To change the land use designation, staff, and not Mr. Vigilucci, has filed applications to
amend both the General Plan and local coastal program. The filing of these applications
by staff is consistent with the previously mentioned Council direction.
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B. Operating Issues -City and neighborhood concerns stemming from the operations of a
previous restaurant (the Sandbar) on the Vigilucci property contributed to the signing of
an agreement between Mr. Vigilucci and the City. Based on the agreement, Mr.
Vigilucci has submitted the conditional use permit that is one of the applications of this
project. This permit is important because if approved it will enable the City to regulate a
restaurant that is in a residential area.
Through the conditional use permit, the applicant proposes minor site and building
improvements, including a trash enclosure, a small amount of landscaping, and an
awning. Because the awning would extend into the right-of-way, it will require approval
of an encroachment agreement by the City Engineering Department.
Under the property's current C-2 zoning, a conditional use permit is not required for a
restaurant with incidental serving of alcohol. Additionally, a conditional use permit is
ordinarily subject to Planning Commission review and approval. However, when the
City Council directed in 2001 that the City consider designating the property for
commercial purposes, it also directed that the prior owner (Jim DiMaggio) of the
restaurant ( at that time the Seaside Bistro), to submit a conditional use permit, to which
Mr. DiMaggio agreed. Furthermore, the City Council directed that it would retain
authority to review the conditional use permit and all related discretionary actions.
Through the current agreement with Mr. Vigilucci, the requirement for Council review
and the conditional use permit has been maintained.
C. Parking -The restaurant severely lacks adequate on-site parking. Through the
conditional use permit, the applicant has proposed a valet parking plan that will provide
28 parking spaces, the most achievable on the small site (as compared to the 21 spaces
achievable at most under self-parking). However, the Zoning Ordinance requires 57
parking spaces. Under any General Plan and zoning combination that supports retaining
the current structure and use, parking will remain nonconforming. The City must accept
this lack of parking, which can be approved through the conditional use permit, or pursue
an alternative land use solution.
Furthermore, the applicant has requested a coastal development permit to seek approval
of proposed outdoor dining. This outdoor dining would be located along the front of the
restaurant but in the public right-of-way along Carlsbad Boulevard. Staff does not
support the outdoor dining request as it would exacerbate an existing parking problem
and may create noise concerns.
A long, complicated history surrounds this property and the events leading up to the presently
proposed actions. In the following section, staff provides a complete explanation of the relevant
history and events.
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III. PROJECT BACKGROUND
Setting
The Vigilucci's Seafood & Steakhouse property, located at 3878 Carlsbad Boulevard, is
approximately 14,000 square feet, or about 1/3 of an acre. The property features a small parking
lot and a 4,816 square foot building. The L-shaped building has no setback along its north (rear)
and east (side) property lines. Along its Carlsbad Boulevard frontage, the restaurant has only an
approximately six to eighteen inch setback from the property line/public right-of-way. Along this
portion of Carlsbad Boulevard, the right-of-way extends about 20-feet back of the street curb.
Thus, the planters and concrete patio in front of the restaurant are actually in the right-of-way.
The parking lot, accessed from Tamarack Avenue, has 21 striped parking spaces, less than half
the number required by the Zoning Ordinance for a restaurant.
The property has a C-2 (General Commercial) zoning and a RH (High Density Residential)
General Plan designation. The Local Coastal Program zoning and land use designation are also
C-2 and RH.
Except for Tamarack State Beach to the west, the neighborhood surrounding Vigilucci's is
entirely residential and consists of condominiums, older apartments, and single-family detached
homes. An application for a single-family home is currently under review for the vacant lot
immediately to the north of the restaurant and along Carlsbad Boulevard. The attached location
map shows the streets and properties in the neighborhood.
The General Plan designation for the entire area, except for the beach, is RH. The neighborhood
is also entirely in the Beach Area Overlay Zone and features an underlying zoning of either R-3
(Multiple-Family Residential) or RD-M (Residential Density-Multiple). The Local Coastal
Program zoning and land use designation are the same. The nearest commercial properties to the
site are about ½ mile to either the north at Carlsbad Boulevard and Walnut A venue or east at
Tamarack Avenue and Jefferson Street.
Early History and Ownership
Since at least 1956, the property has been commercially zoned. The 1956 zoning map indicates
the property's zoning as C-1, which at that time stood for "service commercial." Further, staff
research indicates that in 1970 uses on the property consisted of an eatery, likely a hamburger
stand, a parking lot, and a detached home. In 197 5, the small home was demolished and the
hamburger stand expanded to becolT!-e the Captain's Anchorage, a steak and seafood restaurant.
That same year, the restaurant received (1) city approval of a zone change from C-1
(Neighborhood Commercial) to the current C-2 zone to permit alcohol sales and (2) State
Department of Alcoholic and Beverage Control (ABC) approval of a liquor license. A restaurant
with incidental serving of alcohol is permitted anywhere in the C-2 zone regardless of proximity
to a residential area.
Several years later, in the mid-1980s, the Captain's Anchorage was renamed the Sandbar. In
1989, the City issued a business license to the new owners of the Sandbar. In 1999, the
restaurant business only was sold, along with the alcohol license, and the restaurant name was Sept. 20, 2023 Item #1 Page 26 of 179
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changed to the Seaside Bistro. In early 2002, the restaurant business, property and the alcohol
license were sold to the current owner.
Events Leading to Resolution of Intent to Rezone the Property to Residential
In the early 1990s, the City received numerous complaints from residents living near the then
Sandbar restaurant about its operations and patrons. Sometime before this period, staff believes
the business changed from a restaurant with incidental serving of alcohol to predominantly a bar
with live music and dancing. Neighbors complained about noise from the live music and
inebriated or boisterous patrons who would leave the bar and yell, fight, litter, deface property,
and generally disturb the peace. Adding to the problem was the business's limited on-site
parking, which caused some Sandbar patrons to park on nearby streets and thus carry their
negative behavior into the neighborhood.
To curb or eliminate late night noise and other complaints, the City met with the Sandbar owner
in 1995 to seek a voluntary reduction in its business hours. Although the Sandbar apparently had
implemented other voluntary measures in response to the complaints about its operations, such as
hiring additional security and making noise-attenuating building improvements, the owner would
not agree to alter the Sandbar's business hours. Despite the measure taken by the owner,
problems related to its operations and patrons continued.
Other city efforts to address complaints included a 1996 draft ordinance that established noise
limits for businesses serving alcohol and providing entertainment. However, the City Council
took no action on the ordinance, with some Council members noting the ordinance did not fully
address the issue of compatibility between such an establishment and its nearby residential uses.
Furthermore, the ordinance failed to address customer-parking impacts in surrounding residential
neighborhoods, a significant concern with the Sandbar.
An action to deal with the problems at the Sandbar came about with the passage of Resolution of
Intention (ROI) 96-168 on May 21, 1996. By passing this resolution, the Council declared its
intent to change the Sandbar property zone from commercial to residential to be consistent with
the General Plan and Local Coastal Program and directed staff to begin the necessary rezoning
process. By rezoning the property to residential, the restaurant use would become
nonconforming and subject to abatement within a designated amortization period.
ROI 96-168 also identified the Council's objective to similarly rezone the two lots just north of
the Sandbar. These lots include the small, vacant property next to the restaurant ( on which an
application for a home is now proposed), and the adjacent lot at the comer of Carlsbad
Boulevard and Redwood Avenue. At the time, Mr. Charles Ledgerwood operated a small seed
business in the small house on the comer property. Both lots had a C-1 (Neighborhood
Commercial) zonmg and a residential General Plan and Local Coastal Program land use
designation.
At the same time the city was receiving and responding to complaints about the Sandbar, the
State Department of Alcohol and Beverage Control (ABC) was also monitoring the situation.
Eventually, the ABC revoked the Sandbar' s alcohol license in 1997. However, this revocation
was stayed for two years upon the restaurant demonstrating compliance with a number of
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conditions. These conditions, imposed on the license, prohibited, among other things, live
entertainment and alcohol after midnight on the weekends and entertainment noise audible
beyond the Sandbar parking lot. The stayed revocation and the conditions became effective in
March 1999. Staff believes the conditions may still be applicable to the current owner.
Efforts to Implement the Council Resolution of Intention
Complaints regarding the Sandbar generally ceased beginning in 1997. In 1999, the Sandbar
restaurant business only was purchased from the owner, while she maintained ownership of the
property. Renaming the restaurant "Seaside Bistro," the new owner indicated his intent was to
operate the business as a restaurant and not a nightclub with late hours and entertainment.
In 2000, city staff began its efforts to implement the Council ROI by notifying the Seaside Bistro
and Ledgerwood property owners of the proposed city-initiated rezoning. As expressed in two
Planning Commission public hearings held on the proposal in January 2001, the owner of the
Ledgerwood property, as well as some nearby residents, supported the rezoning of the
Ledgerwood parcels from commercial to residential.
Regarding the Seaside Bistro property, the Planning Commission, the owner of the restaurant,
and several residents all agreed that since the problems which caused the Council to declare its
intention to rezone the property no longer existed, keeping the property as commercial was worth
considering. There was general agreement that leaving the property as commercial could be
desirable, noting its historic use as a restaurant, its unique location in an otherwise all-residential
area, and its ability to serve both the neighborhood and beachgoers, (the nearest food service is ½
mile to either the north or east). Furthermore, the Commission, the restaurant owner, and some
residents further recognized that to ensure neighborhood compatibility, the City should have
some means to control the commercial use of the property. To this end, the restaurant owner
noted his willingness to obtain a conditional use permit and relinquish the cabaret license issued
for the restaurant.
Following its second hearing on the zone change in January 2001, the Planning Commission
passed Resolution 4892 (attached). This resolution contains many findings to justify the
Commission recommendations on both the Ledgerwood and Seaside Bistro properties. The
recommended action from Resolution 4892 follows:
That based on the evidence presented at the public hearing, the Commission
recommends the following:
I. That both lots owned by the Charles B. Ledgerwood Trust ... be
rezoned from C-1 to R-3, BAOZ [Beach Area Overlay Zone]; and
2. That the City Council not change the zoning on the property
owned by the Mitze H. Eubanks Trust, and, instead, consider
allowing commercial to remain as a conforming use based on the
following findings, and accordingly, direct staff to conduct the
necessary environmental review and process appropriate public
hearing amendments to the General Plan, Local Coastal Program,
and Zoning Ordinance.
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At its March 6, 2001, meeting, the City Council heard and considered similar testimony in
support of the rezoning of the Ledgerwood property and retaining of a commercial zoning on the
Seaside Bistro property. Once again, the Seaside Bistro business owner stated he would agree to
obtain a conditional use permit and relinquish the restaurant's cabaret license if the commercial
use of the property remained in place. In its Resolution 2001-72 (attached), the Council
concurred with the Planning Commission's recommendation. By so doing, it approved the
rezone of the Ledgerwood property from commercial to residential. Concerning the Seaside
Bistro parcel, the Council gave the following direction:
That the City Council is not rezoning the parcel at this time in reliance on the
Seaside Bistro's representations that it will relinquish its cabaret license and agree
to process a conditional use permit application setting forth the terms and
conditions under which commercial use will continue to exist at this site.
Therefore, the Planning Director is directed to commence the necessary and
appropriate rezoning process forthwith which will require a conditional use permit
or other discretionary permits and to return to the City Council through the
Planning Commission with its report and recommendations. The Seaside Bistro is
directed to apply forthwith for a conditional use permit or other discretionary
permits under the proposed zone so that all discretionary actions will be before
the Council concurrently.
Implementing Council Direction to Consider Keeping the Subject Property as Commercial
Following the Council hearing, staff opened applications to amend the property's zoning, and its
General Plan and local coastal program designations. Staff also reviewed and discussed permit
requirements and building plans with the restaurant owner. In September 2001, he submitted a
conditional use permit application to redevelop the property with a two-story building featuring a
restaurant and nine hotel units. In December 2001, the application was withdrawn due to the
pending sale of the restaurant business and property (the latter still owned by Ms. Eubanks) to
their current owner, Roberto Vigilucci.
Before the sale of the property, staff had met with Mr. Vigilucci to advise him of the many issues
surrounding the restaurant and the expectations regarding its future. Unfortunately, the City
Council's decision to not rezone the property and its direction to submit a conditional use permit
were made based on the representations and the agreement of the previous restaurant owner, not
Mr. Vigilucci. Therefore, Mr. Vigilucci was not obligated to comply with the Council directive
or hold up the representations of the Seaside Bistro. Additionally, because of his property's C-2
zoning, the new owner could continue to operate the restaurant without the need for a permit or
permission from the City.
In early 2002, Mr. Vigilucci applied for a building permit to make minor improvements to the
restaurant. The improvements included new windows, building stucco, signs, and landscaping,
and floor plan changes. The remodel was generally minor and involved no increase in floor area,
parking demand, or occupancy, and did not require any nonconforming aspects of the building or
site, such as parking or setbacks, to be addressed. However, recognizing the City's stated
expectations and concerns regarding his property, and in exchange for receiving building
permits, the new owner signed agreements with the City that stipulated his agreement to: Sept. 20, 2023 Item #1 Page 29 of 179
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o 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;
o Recognize outdoor dining and drinking areas are not possible without adequate parking
and approval of a CUP;
o Propose a solution to the inadequate parking problem that exists on the property through
the CUP process;
o Acknowledge the City may impose requirements and conditions so that the restaurant
operates in a way that is compatible with the homes around it; and
o Acknowledge the City may deny his CUP application and rezone his property to
residential.
The City recorded the agreements with the County Recorder. Only upon final approval of the
CUP may the City release the agreements. In late 2002, Mr. Vigilucci completed the remodeling
that lead to the agreements and opened his seafood and steakhouse about the same time.
As agreed, Mr. Vigilucci has submitted a CUP application. The City determined the application
complete in August 2003. Consistent with the City Council's direction as expressed in
Resolution 2001-72, staff has grouped the CUP with all other related applications for concurrent
review by the Planning Commission and City Council.
The proposed project is subject to the following plans, ordinances and standards as analyzed
within this section of the staff report:
A. General Plan;
B. Loss of Residential Development Potential (Government Code Section 65863);
C. Existing and Recommended Zoning;
D. Alternative General Plan and Zoning Considerations;
E. Local Coastal Program;
F. Compliance with Zoning Ordinance Development Standards;
G. Parking Regulations (Zoning Ordinance Chapter 21.44);
H. Coastal Development Permit regulations and proposed outdoor dining (Zoning
Ordinance Chapters 21.201 and 21.44);
I. Conditional Use Permit regulations (Zoning Ordinance Chapter 21.42);
J. Encroachment Permit and Minor Site Improvements;
K. Nonconforming Buildings and Structures (Zoning Ordinance Chapter 21.48); and
L. Growth Management Ordinance (Local Facilities Management Plan Zone 1 ).
Staff developed its project recommendations by determining whether the project was consistent
with the applicable policies and regulations listed above. Therefore, this section will cover the
project's compliance ( or, in the case of the coastal development permit, lack of compliance) with
each of the regulations listed above in the order in which they are presented.
IV. ANALYSIS
A. General Plan
While staff can verify and trace the commercial zoning of the property to a 1956 zoning map,
determining the history of General Plan designations for the property is less clear. A 1975 staff
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report on a zone change for the property from C-1 to C-2 notes the property's General Plan
designation was TS, or Travel Service Commercial. The designation appears to have changed in
the mid-1980s. A 1986 General Plan map and the 1987 Local Facilities Management Plan for
Zone 1 indicate the Vigilucci property had its current designation of RH (High Density
Residential). The adoption of the current land use map, as part of the comprehensive update of
the General Plan in 1994, confirmed this designation. Reasons contributing to the change from
TS to RH are not known; possible factors may have been the difficulty in redeveloping the
property commercially because of its small size and its residential surroundings.
The table below provides a comparison of past and present General Plan and Local Coastal
Program designations and zones for the Vigilucci property.
1956 1975 1986 1994 Present
Zoning C-1 C-2 C-2 C-2 C-2
General Plan NIA TS RH RH RH
Local Coastal Program NIA NIA RH RH RH
The current RH General Plan designation does not allow commercial uses. For the City to
consider designating the property for commercial uses, staff must propose an appropriate
commercial land use designation. Staff believes the T-R (Travel/Recreation Commercial) is
appropriate for the Vigilucci property for the following reasons:
o The Vigilucci property location and existing use clearly fit the description of a T-R
designated property according to the General Plan Land Use Element's definition of
the T-R designation.
This [land use] category addresses commercial uses that provide for visitor
attractions and commercial uses that serve the travel and recreational
needs of tourists, residents, as well as employees of business and industrial
centers. Often such sites are located near major transportation corridors or
recreational and resort areas such as spas, hotels, beaches or lagoons.
Typically, these areas are developed along major roadways and are
accessible to interregional traffic. Tourist-oriented uses such as motels
and hotels: should be coordinated with compatible accessory uses; should
protect the surrounding properties; should ensure safe traffic circulation;
and should promote economically viable tourist-oriented areas of the City.
o The four other General Plan commercial land use designations are inappropriate for
the property. The R (Regional Commercial) and L (Local Shopping Center)
designations require a larger area than the approximately one-third acre Vigilucci
property. Moreover, as with the O (Office & Related Commercial) designation, they
permit uses inappropriate for a mostly residential area and a beach/tourist location.
The City has applied the fifth city commercial designation, V (Village), only to the
downtown Village.
o Designating the property for tourist-commercial uses recognizes a longstanding
commercial presence in an otherwise entirely residential neighborhood. This mix of
uses is somewhat unique when compared to other Carlsbad residential areas. The Sept. 20, 2023 Item #1 Page 31 of 179
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application of T-R to the Vigilucci property is consistent with Overall Land Use
Objective B.1, which states, "To create a distinctive sense of place and identity for
each community and neighborhood of the City through the development and
arrangement of various land use components."
B. Loss of Residential Development Potential (Government Code Section 65863)
Conversion of the property from its high density residential designation to commercial will mean
a loss of potential multi-family housing units, including apartments and condominiums, should
the property ever redevelop. The current RH designation permits 15-23 units/acre and a Growth
Management Control Point (GMCP) of 19 units/acre. If the property were vacant, it could
possibly accommodate six units at the GMCP.
State Government Code Section 65863 prohibits a city from reducing densities on properties
unless the City makes a finding that the reduction would not prevent the jurisdiction from
meeting its share of the regional housing need. Another Government Code provision, Section
65584, states a city must provide adequate sites and densities to accommodate its "share" of
residential growth projected for a region. The GMCP, as applied to the Vigilucci property and
other residentially designated sites in Carlsbad, was used for calculating the City's compliance
with its regional share objective under Government Code Section 65584.
Even if the City approves the T-R designation, which does not allow residential uses, the
potential for six homes under the RH designation will not be eliminated but instead will be added
to the City's Excess Dwelling Unit Bank. This is consistent with Program 3.8 of the City's.
Housing Element, which provides that all of the dwelling units that were anticipated toward
achieving the City's share of the regional housing need and that are not utilized by developers in
approved projects can be deposited in the City's Excess Dwelling Unit Bank. In turn, these
excess dwelling units are available for allocation to other projects. Accordingly, there is no net
loss of residential unit capacity and there are adequate properties identified in the Housing
Element allowing residential development with a unit capacity, including second dwelling units,
adequate to satisfy the City's share of the regional housing need. These facts are the basis of the
finding required by Government Code Section 65863, as set out in the proposed resolution
recommending approval of the General Plan Amendment.
C. Existing and Recommended Zoning
State law mandates consistency between the General Plan and Zoning Ordinance and requires
jurisdictions to make any needed amendments within a reasonable time. The property's current
C-2 (General Commercial) zoning does not implement its RH General Plan designation.
Because C-2 allows more than just visitor-serving uses, it would also not implement the
proposed T-R (Travel/Recreation Commercial) General Plan designation.
While staff is aware that a Zoning Ordinance Amendment is necessary, it has not proposed one
at this time. This is because of the ongoing General Plan/Zoning Consistency program. This
multi-year city work program identifies and corrects inconsistencies between the text and maps
of the General Plan and Zoning Ordinance. One component of the program is an overhaul of the
City's C-T, or Commercial Tourist zone. C-T is the zone that implements the T-R designation
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proposed for the Vigilucci property. Commercial Policy C.12 of the General Plan Land Use
Element states the City shall revise the C-T zone so it more accurately reflects the intent of the
T-R designation. Staff will bring revisions to the C-T zone and the T-R designation, which will
include text and map changes, to public hearing early in 2004.
Proposed changes to the C-T zone include the requirement of a conditional use permit for uses
such as a restaurant, where next to residential zones, and the ability to apply the zone to small
properties. Currently, the C-T zone does not enable the city to apply the C-T zone to areas less
than three acres (The Vigilucci property is 1/3 of an acre.). In light of both the C-T area
limitations and the City's ongoing efforts to revise the zone, staff recommends delaying the
rezone consideration of the Vigilucci property until and as part of the T-R/C-T amendment
project rather than ahead of it. Establishing the proposed General Plan designation of T-R for
the property now will establish the City's objective for the rezoning to occur.
Until approval of the proposed C-T revisions, the City will not have a zoning requirement for a
conditional use permit, the key land use control planned to enable the City to regulate Vigilucci's
Seafood and Steakhouse or another restaurant on the property. In the interim, the requirement
for a conditional use pennit comes from the recorded agreements signed by Mr. Vigilucci and
the City in 2002. Among other things, these agreements required Mr. Vigilucci to submit the
conditional use permit that is the subject of this staff report.
D. Alternative General Plan and Zoning Considerations
While the staff proposal is to assign the T-R General Plan designation, and ultimately, the C-T
zone to the Vigilucci property, other combinations can be considered. These combinations
include the following:
RHIR-3: In lieu of changing the General Plan designation from commercial to residential, the
existing zoning could be changed from C-2 to R-3 (Multiple-Family Residential). The R-3 zone
is clearly consistent with the property's existing RH General Plan designation, and the RH/R-3
combination matches that of many properties in the beach area. However, this combination
would not allow commercial uses, which goes against the City Council direction to consider
keeping the Vigilucci property available for commercial use. Furthermore, if the property were
rezoned to residential, the restaurant would become a nonconforming use, subject to abatement
and eventual removal. For further information on the nonconforming use aspect, please see the
discussion on Nonconforming Buildings and Uses below.
RHIR-T or R-P: The RH designation potentially could also be combined with either the R-T
(Residential Tourist) or R-P (Residential Professional) zones. The R-P zone permits residential
and office uses. The R-T zone allows homes and, by conditional use permit, hotels and motels,
bed and breakfast uses, and recreation facilities. However, neither zone is primarily a
commercial zone and neither the R-T nor R-P would allow the current restaurant use; staff
believes the application of these zones would be contrary to the City Council's direction to
consider keeping the Vigilucci property available for commercial use.
T-RIC-1: Another consideration is to change the General Plan designation of the property to T-
R, as staff recommends, and to amend the property's zoning to C-1 (Neighborhood Commercial).
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At first glance, this seems to be a very appropriate combination for the subject property. Among
other things, the C-1 zone already requires a conditional use permit for a restaurant with
incidental serving of alcohol. Furthermore, the C-1 zone requires the City to ensure such a use
has adequate parking, does not cause traffic congestion, and is compatible with its surrounding
neighborhood. However, staff does not recommend the application of the C-1 zone to the
Vigilucci property for the following reasons:
o The lack of adequate parking available to serve the restaurant, as discussed in greater
detail below, prevents the restaurant form complying with C-1 zone standards; and
o The C-1 zone allows uses, such as general office and neighborhood convenience that
are not compatible with a visitor-serving land use designation such as the proposed T-
R. Accordingly, staff does not believe the C-1 zone implements T-R. Furthermore,
and for similar reasons, it is unlikely that the Coastal Commission would support a T-
R/C-1 combination because of the property's beach location and the non-tourist
related uses C-1 permits.
T-RIC-2: Maintaining the property's existing C-2 (General Commercial) zone is not a
recommended option. Similar to C-1, the C-2 permits uses that do not implement the T-R
designation. Furthermore, the C-2 zone permits by right uses that are inappropriate for a
property so close to residential uses, such as auto repair and commercial printing and restaurants
with incidental serving of alcohol.
0/0: Another consideration is an O (Office) General Plan designation and zoning for the
property. Although a restaurant is a conditionally permitted use in the O zone, the zone is
primarily intended for exclusive office use. Office uses may produce fewer compatibility issues
with nearby residences than commercial uses. However, the property is isolated in terms of
proximity to other office areas or supporting commercial services, and neither the O General
Plan designation nor the O zone are suited to serve a residential neighborhood and a
beach/tourist area.
A different General Plan designation than T-R: As previously discussed, none of the other
existing commercial General Plan designations (L, R, or V) is appropriate for the property.
E. Local Coastal Program
The Vigilucci property is in the Mello II segment of the City's Local Coastal Program (LCP).
The LCP land use designation for the property is RH. To maintain consistency with the General
Plan as proposed for amendment, staff also proposes to change the Local Coastal Program
designation to T-R.
In its adoption of the Coastal Act in 1976, the state legislature declared that one of the basic
goals of the coastal zone was to maximize public access and recreational opportunities along the
coast. To this end, it adopted Public Resources Code Section 30222, which states:
The use of private lands suitable for visitor-serving commercial recreational
facilities designed to enhance public opportunities for coastal recreation shall
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have priority over private residential, general industrial, or general commercial
development, but not over agriculture or coastal-dependent industry.
Policy 6-8 of the Mello II segment of the Carlsbad Local Coastal Program defines "visitor
serving uses" as including " ... hotels and motels, recreational facilities, restaurants and bars,
[and] amusement parks ... " Furthermore, at the time of its adoption in 1982, another Mello II
policy called for the establishment of 40 acres of additional visitor-serving uses, specifically
hotel and restaurant uses. While the restaurant on the Vigilucci property was already operating
in 1982, this policy helps underscore the importance of uses that serve tourists in the coastal
zone.
Because the T-R designation's focus is on meeting the needs of the traveling public, staff
believes it is consistent with the Local Coastal Program. Moreover, unlike the City's other
commercial General Plan designations, the T-R land use category is not a suitable designation
for offices, general retailers and other such uses that would be inappropriate on a property next to
the beach.
LCP policies regarding public access, visual resources, habitat, and agriculture are not at issue
with the proposed change in land use designation from RH to T-R. The designation change in
and of itself has no bearing on these policies and the Vigilucci property location is not in a
location that affects beach access or views. On the positive side, the proposed designation will
help maintain the public's ability to access the Vigilucci property that under the existing RH
designation might not be possible in the future.
F. Compliance with Development Standards
As the following list shows, the restaurant building and use are either conforming or
nonconforming with the requirements of the property's current C-2 zoning and with parking
standards.
o Use: The restaurant use conforms to the list of allowed uses in the C-2 zone.
o Setbacks:
o Front: The restaurant has a 53-foot front setback as measured from Tamarack
Avenue. The C-2 zone does not establish a front setback requirement, unless one
is established by a precise plan. (Though the property has a Carlsbad Boulevard
address, its front property line, by Zoning Ordinance definition, is measured from
Tamarack Avenue.)
o Rear: The restaurant has a 0-foot rear setback as measured from the north
property line. A rear setback in the C-2 zone is only required when the rear
property line borders a residentially zoned lot. Since the adjoining lot to the north
is residentially zoned, a rear setback of 10 feet is required. Before the Council
rezoned the adjoining lot from C-1 to R-3 in 2001 (see the discussion on the
Ledgerwood parcels in the Project Background section above), the restaurant
complied with the C-2 setback requirement.
o Interior side: The building has a 0-foot setback from the east property line. The
C-2 zone establishes no side setback.
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o Street side: The building has only an approximately six to eighteen inch side
setback from the Carlsbad Boulevard right-of-way. The C-2 zone establishes no
street side setback.
o Lot Coverage: The 4,816 square foot building covers about 34 percent of the
approximately 1/3 acre lot. The C-2 zone does not establish a maximum percentage by
which a building may cover a lot.
o Height: At 17-feet and one story, the height of the existing restaurant is well under the
35-foot high, three story limit of the C-2 zone.
o Parking: The 21 on-site parking spaces are inadequate to meet the needs of the
restaurant, which based on its square footage, requires 57 parking spaces.
Due to the variables among the different zones in the City, it is difficult to summarize how the
existing building would comply with the standards of zones other than C-2. However, regardless
of the zoning, it is likely that the building's height, lot coverage and front setback would be
considered conforming and the building's rear setback and in some cases, interior side setback,
since both abut residential property, would be considered nonconforming. While the project
cannot be compared to the standards of the revised C-T zone because the zone is still being
drafted, the restaurant would comply with all of the above development standards of the existing
C-T zone, except for rear and interior side setbacks and parking. Moreover, since parking
standards apply to all zones, the restaurant's existing parking would also be considered
nonconforming regardless of the zone pursuant to Chapter 21.44 of the Zoning Ordinance.
If a rezone to residential were contemplated, the ~xisting building would be nonconforming with
residential zone requirements for interior side, street side, and rear setbacks. The restaurant use
would also not comply with the uses permitted in a residential zone. If a developer proposed to
convert the building to residential use, such a proposal would require discretionary permits and
would have to comply with all zone requirements, necessitating the demolition of a portion or all
of the building.
G. Parking Regulations
The availability of parking in and around the property has been a concern for years. The existing
4,816 square foot restaurant requires 57 parking spaces by Code. On-site, however, only 21
parking spaces at most exist, a deficiency of 36 spaces. Additionally, some aspects of the
parking lot are not compliant with city standards. Many of the spaces, for example, are a few
feet short of the 20-foot depth required for a standard stall, and the aisle width for about half the
existing spaces is only 21-feet. Standards require an aisle width of 24-feet. It is important to
realize, however, that under the current zoning, a restaurant is a permitted use. Therefore, absent
proposing changes that would increase parking demand, the current owner may occupy the
restaurant building with the parking "as-is." However, in the agreements the applicant and the
City signed, the applicant has agreed to address the parking problem as part of the conditional
use permit process.
While the existing parking is inadequate for the current restaurant, it might be sufficient for
another commercial use, at least in terms of quantity of spaces. As shown below, a comparison
of Zoning Ordinance parking standards for different commercial uses reveals that other
commercial uses could occupy the building and comply with the number of parking spaces
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required by city standards. Please note the "parking required" column is determined based on a
4,816 square foot building, which is the size of the existing restaurant.
Use Parking Standard Parking Required
Forty spaces, plus
Restaurant one space/50 square 57 spaces feet ( sf) in excess
of 4,000 sf.
Professional Offices One space/250 sf 20 spaces
Individual retail uses One space/300 sf 16 spaces
Under the proposed T-R designation, most offices and many retail uses would not be considered
acceptable unless they expressly served the travel and recreation needs of the public.
Throughout the review of the project, providing adequate parking on-site has been an objective
of both the applicant and staff. Both are aware that the shortage may force some restaurant
patrons to park in surrounding streets, which can create conflicts with residents, and in the
summer, beachgoers. Furthermore, adequate parking in the past might have lessened problems
associated with the Sandbar as more of its patrons could have parked on-site rather than in the
surrounding neighborhood.
The applicant and staff have explored several parking alternatives. These included restriping,
utilizing off-site parking, and valet parking. Because of the small lot size, restriping of the lot
proved no measurable gain, and there are no adjacent or nearby properties on which off-site
customer parking may be located. If available, constructing a parking lot on the vacant lot north
of the restaurant would add no more than ten spaces, and, unless a portion of the restaurant were
demolished, would have no direct access to the restaurant parking lot. And, while demolishing
part of the restaurant would free up space and lessen parking demand at the same time, the
applicant is not proposing this action. The Tamarack Beach public parking lot across Carlsbad
Boulevard is owned by the state. Annually, the City pays money to the state to keep this lot open
free to the public. Staff advised the applicant that the City would not participate in pursuit of
using the public Tamarack lot for commercial purposes. Other public parking in the area,
besides on surrounding residential streets, includes a stretch of parallel parking on Carlsbad
Boulevard, north of the restaurant. This stretch of parking, which is not owned by the state, is
located some distance from the restaurant and on the opposite side of Carlsbad Boulevard.
A parking improvement proposed by the applicant and supported by staff is valet parking.
Though in operation for approximately one year at the restaurant, the City has never formally
approved this parking arrangement. The advantages of valet parking include the ability to (1)
control access in and out of the parking lot, and (2) park more cars than achievable by customers
who self-park. Managed parking by a valet is important because of the small size of the parking
lot. If the lot were not controlled, the applicant and staff believe self-parking at busy times could
be chaotic with cars being forced to use Tamarack A venue to maneuver if no space could be
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found. On the other hand, under a valet arrangement, a valet can inform people that the lot is full
before they enter the lot.
While valet parking is an improvement, it is not a total solution. At best, about 28 cars can be
valet-parked on the site. (Please see the proposed valet parking plan in the attached exhibit C-2.)
This is still almost 30 spaces short of the 57 parking spaces city standards require. Because of
the small lot size and the need to maintain a turnaround and emergency vehicle access on the
property, the maximum number of spaces achievable is far short of the statutory requirement.
Limiting the number of valet spaces and maintaining access is critical not only for emergency
vehicles but for traffic safety and effectiveness as well. On ten different occasions in the spring
and summer of 2003, staff has observed the va~et parking operations at the restaurant. At these
times, staff believes the applicant-imposed limit on the numbers of cars that a valet could park in
the lot was 35 to 50. During the daytime and some nighttime observations, no parking issues or
traffic problems were observed as the lot was no more than half full. However, on two Friday
evenings in March and August, very full lots created significant traffic problems. Most notably,
cars waited in the streets, sometimes blocking through traffic, before entering the parking lot.
Further, the cramped parking lot forced valets to use Tamarack A venue for maneuvering area as
valets would sometimes back into the street or use it to make three-point turns. Additionally, the
crowded conditions caused restaurant customers to leave or enter their cars in the street or at the
driveway rather than in the parking lot. Besides causing queuing of vehicles in the street, they
also may prevent a person with disabilities from being able to conveniently access the restaurant.
Nevertheless, staff believes the presently proposed valet parking plan is the best way to
effectively provide the maximum number of spaces possible. However, it will not eliminate
parking in the surrounding neighborhood nor parking conflicts on Tamarack A venue. If the
property is designated for commercial uses, parking impacts to the neighborhood will remain.
These impacts may produce citizen complaints; in 2003, staff received complaints from at least
three individuals about traffic problems due to congestion on Tamarack A venue caused by
vehicles entering (or attempting to enter) and exiting the restaurant parking lot and about
restaurant customers parking in the streets surrounding Vigilucci's.
During off-peak periods, such as the afternoon when parking demand is low, valet parking is not
necessary. During these periods, the applicant would like the option of not using the valet
parking service and instead allow customers to park their own vehicles. Under a self-parking
plan, customers would use one of the 19 parking spaces shown on Exhibit "A", "Existing Site
Plan." Although 21 parking spaces are available on the site at present, construction of the
proposed trash enclosure will require removal of two parking spaces nearest the northeast comer
of the building; one of these spaces is difficult to access because of existing building
improvements. Staff believes self-parking during off-peak periods is acceptable, and
recommends a condition that allows it as long as the continuous parking demand for the
restaurant does not exceed 19 spaces, or the capacity of the parking lot under self-parking.
During all other times, another condition requires operation of the valet parking plan.
Because the existing restaurant lacks adequate parking, other commercial uses that occupy the
building will likely continue the _parking problem, unless one or a combination. of the following
occurs: (1) convenient off-site parking is found nearby, (2) a significant portion of the building
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is demolished and not replaced, or (3) a use with a smaller parking demand than a restaurant
occupies the building. For Vigilucci's and perhaps other businesses that may locate on the
property in the future, a parking impact is the tradeoff for keeping this site commercially
designated.
H. Coastal Development Permit Regulations and Proposed Outdoor Dining
The applicant has submitted a coastal development permit for approval of a proposed outdoor
dining area along the west side of his restaurant, facing Carlsbad Boulevard and the beach. The
outdoor dining area would be located on an existing patio, separated from the street and sidewalk
by an existing landscape strip. Since the Carlsbad Boulevard right-of-way extends nearly to the
front of the building, the outdoor dining would be located in the public right-of-way. If the
outdoor dining used all of the patio area north of the restaurant's front double-door entry facing
the street, it would occupy about 650 square feet.
Although no physical improvements or changes are proposed to accommodate the outdoor
dining, a coastal development permit is required because the outdoor dining is considered a
development in the coastal zone since it represents a potential intensification of an existing use.
In a letter, the applicant states the purpose of the outdoor dining is not to increase the amount of
dining for the restaurant. Instead, Vigilucci proposes that when the weather permits, tables and
chairs from inside the restaurant will be moved outside. The applicant also indicates that no
additional seating will be provided indoors to replace that moved outside. Since it is simply a
relocation of existing seating, the applicant suggests no additional parking demand will result.
For the following reasons, however, staff recommends denial of the outdoor dining request
because it would (1) constitute an intensification of the existing restaurant and, in turn, a
nonconforming use, and (2) trigger the need for more parking:
o The Zoning Ordinance counts a restaurant's entire floor area, including its hallways,
kitchen, dining, and waiting areas, in determining parking requirements;
o Inside space not occupied by seating may still be used as an area for customers to wait or
walk through;
o An outdoor dining area represents an expansion of the restaurant's floor or serving area
and therefore counts toward determining parking demand;
o Ensuring the indoor space remains unused while outdoor dining occurs would be difficult
for the City to monitor and enforce;
o The parking shortage at the restaurant is severe. At 650 square feet, the outdoor dining
creates a demand for 13 additional parking spaces. Under the valet parking scheme, the
restaurant is 29 spaces short of what it needs to provide. With outdoor dining, it is 42
spaces short;
o The restaurant is in the Beach Area where parking is already at a premium;
o Zoning Ordinance Section 21.48.080 prohibits the expansion, extension, or
intensification of a nonconforming use or building. Since Vigilucci's does not meet city
setback and parking requirements, it is considered nonconforming; and
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o Outdoor dining noise may disturb nearby residents. In particular, noise may bother the
occupants of any future home built or;i. the vacant property just to the north of the
restaurant.
Further, the outdoor dining could not be approved under the incidental outdoor dining area
(IODA) standards because (1) it is in the right-of-way and (2) adequate on-site parking cannot be
provided.
I. Conditional Use Permit Regulations
Because of concerns about parking and other aspects of a business operating in a residential area,
a stipulation of the agreement entered into by the applicant and the City required him to apply for
a conditional use permit. As specified in Zoning Ordinance Section 21.42.030, the permit
enables the City to regulate not only the use itself but also aspects of its operations, such as
business hours, noise, odor, and parking -all in an effort to protect the public health, safety, and
welfare. The City may also place limits on the time the conditional use permit is valid and
require annual reviews. Furthermore, if upon a review the City finds a conditional use is not
complying with conditions or is negatively affecting its surroundings, it can revoke the permit.
Through a conditional use permit, the City also has flexibility in determining the requirements
for off-street parking. Zoning Ordinance Section 21.42.070 states:
The requirements for provisions of off-street parking applicable to the particular
use shall prevail, unless in the findings and conditions recited in the resolution
dealing with each such matter, specific exemptions are made with respect thereto.
The same flexibility is also enabled by the conditional use permit for front and side setbacks,
building height, and lot area requirements; none of these, however, are an issue for the building
under its current C-2 zoning.
Considering the proximity of the restaurant to homes and its lack of adequate parking, a
conditional use permit is appropriate for Vigilucci's. In granting a conditional use permit for the
restaurant as recommended, four findings must be made. The findings and reasons to support
them follow:
Finding 1: That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of the General
Plan, including, if applicable, the certified local coastal program, and is not detrimental to
existing uses or to uses specifically permitted in the zone in which the proposed use is to be
located.
Retaining the commercial use of the property and establishing a conditional use permit
for the existing restaurant are actions: (1) supported by the public as evidenced in the
public hearings for the applications which proposed the rezoning of the property to
residential (ZC 99-08/LCPA 00-01), and (2) found worthy of consideration by the
Planning Commission (as expressed in Resolution 4892) and City Council (as expressed
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Furthermore, as demonstrated earlier in this report, the existing use would be consistent
with the General Plan and Local Coastal Program, under the proposed amendments. To
ensure compatibility with surrounding uses, staff recommends conditions of approval to
include the following:
a. Restrictions on operating hours to not close past midnight (the current closing
time on weekends).
b. Restriction on entertainment noise so at anytime it is not audible beyond the
boundaries of the restaurant property.
c. Prohibition on dancing and dance bands.
d. No outdoor dining.
e. Compliance with the approved valet parking plan and self-parking plans.
f. Annual review of the conditional use permit by the Planning Director and ability
by the City to revoke the permit at any time if warranted and after a public
hearing.
g. Continual upkeep of the building and grounds.
h. Installation of a trash enclosure and landscape screening as proposed.
1. Operation of the restaurant substantially consistent with the definition of a ''bona
fide public eating establishment" which Zoning Ordinance Section 21.04.056
defines as follows:
"Bona fide public eating establishment" means any establishment
at which the primary business is the preparation, service and retail
sale of meals comprising a varied selection of foods and
nonalcoholic beverages prepared, served and consumed on the
premises.
To be classified as a bona fide public eating establishment, an
establishment, which engages in the sale of beer, wine or distilled
spirits for consumption on the premises shall meet the following
requirements:
(1) Be designed and operated in such a way that the sale of
alcoholic beverages is incidental to the primary restaurant
operation;
(2) On any day the restaurant is open to the public for business and
engaged in the incidental sale of alcoholic beverages, restaurant
services shall be available to the public for the evening meal for a
period of not less than five hours, or for not less than four hours, if
the morning or noon meal is also served to the public for a period
of not less than two hours;
(3) Restaurant service shall include, but not be limited to, an
offering of a varied menu of foods or not less than five main
courses with appropriate nonalcoholic beverages, desserts, salads
and other attendant dishes;
( 4) The sale of any food prepared for consumption off the premises
shall be occasional only and clearly incidental and subordinate to
the on-premises restaurant operation;
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(5) No more than twenty-five percent of the interior area of the
restaurant shall be designed, arranged or devoted to a use
commonly associated with a bar or other establishment primarily
engaged in the on-premises sale of alcoholic beverages. The
interior area shall include only those portions of the establishment
devoted to regular use by the public;
(6) A minimum of twenty percent of the gross floor area of the
establishment shall be used solely for food storage, preparation,
maintenance and storage of eating utensils, dishes and glassware
and shall include refrigeration, cooking, warming and dishwashing
equipment, and any other equipment necessary for a fully equipped
restaurant kitchen;
(7) During the above specified minimum hours for restaurant
services, there shall be not less than one employee per two hundred
and fifty square feet of floor area devoted to food service use. Said
employee or employees shall be on the job during the specified
minimum hours for the restaurant service as described in
subsection (2) of this section.
The City Council may waive the above requirements relating to
hours, menus, alcoholic beverage area, kitchen area, employees
and equipment if they find a proposed restaurant will provide
equivalencies, meets the other requirements of this section and
will, in fact, be operated as a bona fide restaurant.
Uses not specifically named in this section but which are of
substantially the same general type and character and are within
the intent and purpose of this section may be permitted; provided,
however, that the burden of proving the same shall rest with the
person seeking to establish that use.
The conditional use permit and recommended conditions will ensure the restaurant is
consistent with General Plan Land Use Element Commercial Policy Cl 0, which states
"encourage commercial recreation or tourist destination facilities, as long as they
protect the residential character of the community ... "
Finding 2: That the site for the intended use is adequate in size and shape to accommodate the
use.
Vigilucci's Seafood and Steakhouse is an existing, not an intended, 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. However, the site has lacked adequate, conforming parking
for many years and the current restaurant operation is similar to past restaurant
operations on the site. No opportunities exist to expand the parking lot either on-site,
unless a portion of the building is demolished, or off-site as all adjacent properties are
developed or proposed for residential development. Screening of the parking lot from
surrounding uses and streets is adequately achieved by the existing building and
existing and proposed landscaping.
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In recognition of the lack of parking, restaurant customers over the years have parked
and will likely continue to park in the surrounding neighborhood. The restaurant also
serves residents in the surrounding neighborhood and beachgoers, some of who walk
instead of drive to the restaurant.
To improve the parking situation, the applicant has proposed to implement a valet
parking plan to maximize the available on-site parking spaces and provide necessary
on-site vehicle maneuvering room and emergency vehicle access. Despite the
improvements achieved through the valet parking plan, the number of on-site parking
will remain inadequate to meet Zoning Ordinance requirements.
Staff believes that even with the parking inadequacy, the restaurant is a use that, with
the control enabled by this conditional use permit, can work adequately to satisfy the
City and the restaurant's neighbors. This position is supported by the public
testimony and discussion that influenced the City Council to pursue designating the
property for commercial use as contained in Resolution 2001-72. In addition,
conditions of this conditional use permit require compliance with the approved valet
parking plan and prohibit outdoor dining, which would create additional parking
demand. Accordingly, based on Zoning Ordinance Section 21.42.070, which allows
flexibility in applying parking standards through the conditional use permit process
and related findings and conditions, and because the CUP can be revoked if the lack
of parking becomes unacceptable, the City can make this finding.
Finding 3: That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the neighborhood
will be provided and maintained.
The rear yard setback of the restaurant complied with zoning standards before the
2001 rezoning from commercial to residential of the property adjacent to the north.
The restaurant complies with all other setback requirements. Further, the few minor
improvements proposed as part of the permit, a trash enclosure and small strip of
landscape screening, adjust the existing use to its surroundings along with
recommended conditions of approval.
Finding 4: That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
The use is existing, not proposed. As such, it will generate no new traffic. Based on
recent traffic surveys, 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 proposed 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 A venue.
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J. Encroachment Agreement and Minor Site Improvements
As part of the conditional use permit request, the applicant has proposed to perform some minor
site and building improvements. One of the planned improvements would be to install an
awning along the west and south-facing sides of his building. Both the existing site plan and
elevation exhibits depict the proposed awning. Because the awning will extend over the right-of-
way along the building's west side, an encroachment agreement, approved by the City
Engineering Department, will be required. An encroachment agreement is also necessary for
some previously completed landscape work in the right-of-way along Tamarack Avenue and
Carlsbad Boulevard.
Additionally, the applicant proposes to install a trash enclosure in the far northeast comer of the
parking lot, near the back of the building and where the current trash bin is kept. Presently, the
trash bin is not screened. The new masonry enclosure with a solid gate will improve the
appearance of the site. It will also not eliminate opportunities for on-site parking since it is
proposed where a parked car would interfere with the necessary vehicle turnaround area.
Finally, at the southeast comer of the site, a small landscape strip and additional landscaping are
proposed to primarily improve screening of the restaurant's parking lot from Tamarack Avenue.
K. Nonconforming Buildings and Structures
As previously discussed, the restaurant building and use are either conforming or nonconforming
with the requirements of the property's current C-2 zoning and with other Zoning Ordinance
standards. The restaurant use conforms to the list of allowed uses in the C-2 zone, but does not
meet the zone's rear setback requirement. Additionally, on-site parking for the restaurant does
not comply with Zoning Ordinance quantity and some dimensional standards.
Should the City approve the General Plan Amendment from RH to T-R and ultimately a new
commercial zone for the property, the restaurant may remain nonconforming in terms of setbacks
and will remain nonconforming in terms of parking. If the conditional use permit is approved,
the restaurant use likely will be conforming to the recommended new zoning for the property,
which is C-T.
Zoning Ordinance Section 21.48.080 (Nonconforming Buildings and Structures) states that,
under limited exceptions, " ... a nonconforming use or building shall not be altered, improved,
reconstructed, restored, repaired, intensified, expanded or extended." One exception allows the
incidental repair of nonconforming building made necessary by ordinary wear and tear. Another
exception ( as stated in Section 21.48. 090) allows expansions of up to 40% of the existing floor
area if the building is nonconforming only in terms of setbacks. This exclusion would not apply
to Vigilucci's, however, because of the noncompliant on-site parking. Furthermore, staff
recommends disapproval of the outdoor dining proposal since it represents an intensification of a
nonconforming building and structure.
Should Carlsbad not approve the General Plan Amendment from RH to T-R and instead decide
to rezone the property to residential (probably R-3) to match its existing RH land use
designation, the restaurant use would also be considered nonconforming with the future
residential zone. Section 21.48.060 states that commercial buildings located in a residential zone
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are to be removed or altered to conform to zoning standards within a period established by the
Planning Commission. This period could last for several years to allow for amortization of the
existing restaurant improvements.
L. Growth Management Ordinance (Local Facilities Management Plan Zone 1)
The subject property is located within Local Facilities Management Zone 1. To determine its
existing and future impacts on public facilities, the 1987 Local Facilities Management Plan for
Zone 1 designated the property as commercial. On both the subject and adjacent properties to
the north (with the latter being the previous Ledgerwood properties zoned C-1), the Plan
indicated 5,000 square feet of existing commercial development and the potential for 5,000
square feet more. Since 1987, the restaurant building has remained virtually unchanged.
Further, due to the small size of the Vigilucci property and the redesignation of the former
Ledgerwood properties from commercial to residential, the potential for additional commercial
area is unlikely. Therefore, the project is consistent with the Growth Management Ordinance.
As discussed earlier in the section regarding loss of residential development potential, the change
in General Plan designation from RH (High Density Residential) to T-R (Travel-Recreation
Commercial), if approved, will contribute six dwelling units to the Excess Dwelling Unit Bank.
V. ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act (CEQA).
Applicable CEQA provisions include Guidelines Section 15301, which exempts projects
proposing no or only minor modifications, and Section 15061(b)(3), which exempts projects
where there is certainty of no significant project impacts. With denial of the proposed outdoor
dining as recommended, the project does not represent any change in the operations or
intensification of the existing restaurant use or site.
ATTACHMENTS:
1. Planning Commission Resolution No. 5549 (GPA)
2. Planning Commission Resolution No. 5550 (LCPA)
3. Planning Commission Resolution No. 5551 (CUP)
4. Planning Commission Resolution No. 5552 (CDP)
5. Location Map
6. Background Data Sheet
7. Disclosure Statements
8. Planning Commission Resolution No. 4892
9. City Council Resolution 2001-72
10. Reduced Exhibits
11. Full Size Exhibits "A" -"G" dated January 21, 2004
SD:bd:mh
Sept. 20, 2023 Item #1 Page 45 of 179
SITE
-
CURRENT LAND USE: RH
PROPOSED LAND USE: T-R
VIGILUCCl'S SEAFOOD
& STEAKHOUSE
GPA 01-04/LCPA 01-07/CUP 02-19/CDP 02-34
Sept. 20, 2023 Item #1 Page 46 of 179
-BACKGROUND DATA SHEET -
CASE NO: GPA 01-04/LCPA 01-07/CUP 02-19/CDP 02-34
CASE NAME: Vigilucci's Seafood & Steakhouse
APPLICANT: =R=ob-=-e=rt=o~V..:....:,:ig=il=u'-=-cc=i _____________________ _
REQUEST AND LOCATION: Approval of: (1) General Plan and Local Coastal Program
amendments to provide a suitable land use designation for an existing restaurant; (2) a Conditional
Use Permit for the restaurant, and (3) a Coastal Development Permit to allow outdoor dining.
Restaurant location is 3878 Carlsbad Boulevard.
LEGAL DESCRIPTION: 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.
APN: 204-253-20 Acres: 1/3 acre (approx) Proposed No. of Lots/Units: =--N"--'/A~-------
GENERAL PLAN AND ZONING
Existing Land Use Designation: RH
Density Allowed: 15-24 units/acre
Existing Zone: -=C-'-2"'--------
Proposed Land Use Designation: ~T~-R~-----
Density Proposed: =--N""'/ A'-"-----------
Proposed Zone: =--N"""'/ A'-"------------
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site C-2 RH Restaurant
North R-3,BAOZ RH Vacant
South RD-M RH Condominiums
East R-3 RH Apartments
West OS OS Beach
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Municipal Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N"-"'-'/ Ac..::.._-....:e=x=is=ti=n-0-g--=u=se"--------------
□
□
[gJ
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued. _____________________ _
Certified Environmental Impact Report, dated'-----------------
Other, GPA 01-04 & LCPA 01-07: Exempt from CEOA pursuant to CEOA Guidelines
Section 15061(b)(3). CUP 02-19 and CDP 02-34: Categorically Exempt from CEOA
pursuant to Guidelines Section 15301 (Existing Facilities)
Sept. 20, 2023 Item #1 Page 47 of 179
e· \___, -City of Carlsbad
IAFih,i•el·l·l4·Eiii,el4hl
DISCLOSURE STATEMENT·
Applicant's stat~ment or disclosme of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any a pointed 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:
Penon is defined as ''Any individual, fum. co-partnership, joint venture, association, social club, fraternal
organization, c01poration, 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.
2.
APPUCANT (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 cor_poration or partnership, include the
names, title, addresses of all individuals owning more than 10% ·of the shares. IF NO
INDIVIDUALS OWN MORE TIIAN 10% OF 1HE SHARES, PLEASE INDICATE NON-
APPLICABLE (NI A) IN 1HE 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 Roberto Vigilucci
Title Owner
Address 3878 Carlsbad Blvd
Carlsbad, CA 92008
OWNER (Not the owner's agent)
Corp/Part._N_I_A _______ _
Title NIA
Address NIA ._..;._ __________ _
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the natlll'e 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, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF 1HE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN 1HE SPACE BELOW. If a publicly-
owned comoration. include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Roberto Vigilucci
Title Owner
Address 3878 Carlsbad Blvd
Carlsbad, CA 92008
Corp/Part __ ...;.NI_A ________ _
Title NIA
Address,___;N..;:.l.;..;.A _________ _
1635 Faraday Avem.~e •Carlsbad.CA 92008-7314 • (760) 602-4600. • FAX (760) 602-8559 * Sept. 20, 2023 Item #1 Page 48 of 179
--3. NON-PROFIT Ok...sANIZATION OR TRUST
If any person identified pursuant to (I) 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.________ Non Profit/Trust. _________ _
Title. ___________ _ Title _____________ _
Address __________ _ Address. ____________ _
4. Have you had more than $250 worth of business ~sacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes ~ ~o If yes, please indicate person(s):. ____________ _
NOTE: Attach additional sheets if necessary.
ove information is true and correct
1--\D-r->c
Roberto Vigilucci Roberto Vigilucci
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:AOMIN\COUNTER\OISCLOSURE STATEMENT 5/98 Page 2 of 2 Sept. 20, 2023 Item #1 Page 49 of 179
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--Attachment 8
PLANNING COMMISSION RESOLUTION NO. 4892
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL: (1) CHANGE THE ZONING FROM C-1
(NEIGHBORHOOD COMMERCIAL) TO R-3 (MULTIPLE
FAMILY RESIDENTIAL) AND BAOZ (BEACH AREA
OVERLAY ZONE) ON THE TWO LOTS OWNED BY THE
CHARLES B. LEDGER WOOD TRUST, AND; (2) NOT
CHANGE THE ZONING ON THE LOT OWNED BY THE
MITZE H. EUBANKS TRUST AT THIS TIME AND INSTEAD
CONSIDER ALLOWING COMMERCIAL TO REMAIN AS A
CONFORMING USE AND ACCORDINGLY DIRECT STAFF
TO PROCESS APPROPRIATE LAND USE AMENDMENTS
AND CONDUCT NECESSARY ENVIRONMENTAL REVIEW.
THE THREE LOTS AFFECTED ARE ON THE EAST SIDE OF
CARLSBAD BOULEVARD, BETWEEN TAMARACK
AVENUE AND REDWOOD AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BOULEVARD/TAMARACK
ZONE CHANGE
CASE NO: ZC 99-08
WHEREAS, the City of Carlsbad has filed a verified application to change the
zoning of property owned by the Charles B. Ledgerwood Trust and property owned by the
Mitze H. Eubanks Trust, "Owners", described as
Lots 1 and 2 in Block 'G' of Palisades in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1747, filed in the Office of the Recorder of said San
Diego County, February 5, 1923. (property owned by Charles B.
Ledgerwood Trust)
Parcel 1 of Parcel Map 3713, filed in the Office of the County
Recorder of San Diego County on April 21, 1975 as file/Page
No. 75-092233 of Official Records. (property owned by Mitze H.
Eubanks Trust)
("the Properties"); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
the draft ordinance Exhibit "X" attached hereto and made a part hereof, dated January 17,
2001, and on file in the Planning Department, CARLSBAD BOULEY ARD/TAMARACK
Sept. 20, 2023 Item #1 Page 50 of 179
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--
ZONE CHANGE, ZC 99-08, as provided by Chapter 21.52 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on the 3rd day of January, 2001,
hold a duly noticed public hearing as prescribed by law, which was subsequently continued to
the 17th day of January, 2001, 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 a Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
1.
2.
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS the following:
That both lots owned by the Charles B. Ledgerwood Trust bordered by Redwood
Avenue on the north and Carlsbad Boulevard on the west be rezoned from C-1 to R-
3, BAOZ based on the following findings;
That the City Council not change the zoning on the property owned by the Mitze H.
Eubanks Trust, and, instead, consider allowing commercial to remain as a
conforming use based on the following findings, and, accordingly, direct staff to
conduct the necessary environmental review and process appropriate public hearing
amendments to the General Plan, Local Coastal Program, and Zoning Ordinance.
Findings:
1.
2.
That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from
C-1 and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of
the various elements of the General Plan, in that the proposed zoning is consistent with
the General Plan Residential Density Land Use Desigi:iation applied to the subject
properties and is compatible with adjacent land uses.
That the Zone Change for the Charles B. Ledgerwood Trust properties from C-1 and C-
2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of the various
elements of the General Plan and will provide consistency between the General Plan and
Zoning as mandated by California State law and the City of Carlsbad General Plan Land
Use Element, in that the Zone Change brings the properties' zoning designation into
compliance with the General Plan and fulfills a General Plan policy calling for
PC RESO NO. 4892 -2-
Sept. 20, 2023 Item #1 Page 51 of 179
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3.
4.
5.
6.
7.
8.
---
inconsistent zoning designations to be brought into c~nformance with the General
Plan.
That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from
C-1 and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of
the various elements of the General Plan and will also provide consistency with the Local
Coastal Program as mandated by California State law for properties in the Coastal Zone
in that the Zone Change brings the properties' zoning designation into conformance
with the Local Coastal Program land use map and the proposed Local Coastal
Program zone change (LCPA 00-01).
That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from
C-1 and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of
the various elements of the General Plan, is consistent with the public convenience,
necessity and general welfare, and is consistent with sound planning principles in that it
would implement the subject properties' General Plan designation, would be
compatible with surrounding zoning designations, and would permit land uses the
same as those in the surrounding area.
That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from
C-1 and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of
the various elements of the General Plan, which will be applied to the properties as part
of the proposed zone change, in that it provides the City with discretionary review to
ensure development standards are properly applied and beach area concerns, such
as neighborhood compatibility and parking, are adequately addressed.
That for the Mitze Eubanks Trust property, allowing commercial to remain as a
conforming use has the potential, subject to necessary and appropriate
environmental and public hearing review, to be consistent with the goals and
policies of the various elements of the General Plan in that it could provide an
orderly balance of both public and private land uses within convenient and
compatible locations and ensure that such uses serve to protect and enhance the
character and image of the City.
That for the Mitze Eubanks Trust property, allowing commercial to remain as a
conforming use has the potential, subject to necessary and appropriate
environmental and public hearing review, to be consistent with the goals and
policies of the various elements of the General Plan in that it could create a
distinctive sense of place and identity for the surrounding community and
neighborhood of the City through the preservation of existing varied land uses.
That for the Mitze Eubanks Trust property, allowing commercial to remain as a
conforming use has the potential, subject to necessary and appropriate
environmental and public hearing review, to be consistent with the goals and
policies of the various elements of the General Plan in that it could provide for the
social and economic needs of the community.
9. That for the Mitze Eubanks Trust property, allowing commercial to remain as a
conforming use has the potential, subject to necessary and appropriate
PC RESO NO. 4892 -3-
Sept. 20, 2023 Item #1 Page 52 of 179
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--
environmental and public hearing review, to be consistent with the goals and
policies of the various elements of the General Plan is consistent with sound
planning principles in that the property has historically been used as a commercial
property and a bona fide eating establishment and thus could be found to be
consistent with the public convenience, necessity, and general welfare.
10. That for the Mitze Eubanks Trust property, allowing commercial to remain as a
conforming use has the potential, subject to necessary and appropriate
environmental and public hearing review, to be consistent with the goals and
policies of the various elements of the General Plan in that it would allow
continuance of such likewise historical use and thereby preserve the community
identity, character and convenience that the use provides to the public and
surrounding neighborhood.
11. That for the Mitze Eubanks Trust property, allowing commercial to remain as a
conforming use has the potential, subject to necessary and appropriate
environmental and public hearing review, to be consistent with the goals and
policies of the various elements of the General Plan in that the application of
appropriate zoning, use, and development standards will ensure the continued
compatibility of commercial uses with the surrounding neighborhood by addressing
such concerns as traffic flow, parking, noise and architectural compatibility.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 17th day of January 2001, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Baker, Compas, Heineman,
L'Heureux, and Trigas
Commissioner Nielsen
JE N. SEGALL, hairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
w~
Planning Director
PC RESO NO. 4892 -4-
Sept. 20, 2023 Item #1 Page 53 of 179
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-
ORDINANCE NO.
-Exhibit "X"
January 17, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030
OF THE CARLSBAD MUNICIPAL CODE BY AN
AMENDMENT TO THE ZONING MAP TO GRANT A ZONE
CHANGE, ZC 99-08, FROM C-1 AND C-2 TO R-3 AND
BEACH AREA OVERLAY ZONE ON TWO PROPERTIES
LOCATED ON THE EAST SIDE OF CARLSBAD
BOULEY ARD AND SOUTH OF REDWOOD A VENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BOULEY ARD/TAMARACK
ZONE CHANGE
CASE NO.: ZC 99-0SILCPA 00-01
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the maps marked Exhibit "ZC 99-08" and "LCPA 00-01"
attached hereto and made a part hereof.
SECTION II: That the findings of the Planning Commission as set forth -in
Planning Commission Resolution Nos. 4891, 4892, and 4893 constitute the findings of the City
Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation within fifteen days after its
adoption.
Ill
Ill
Ill
Ill
Ill
• Ill
Ill
Sept. 20, 2023 Item #1 Page 54 of 179
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--
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the ___ day of ____ , 2001, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on the
_____ day of ____ _, 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
, ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-2-
Sept. 20, 2023 Item #1 Page 55 of 179
--
PROPERTY ZONE CHANGE ZC: 99-08
draft [81 final 0
Project Name: Carlsbad Blvd/Tamarack Zone ChanQe I Related Case File No(s): LCPA 00-01
Legal Description(s}:
A.: Lot 2 in Block 'G' of Palisades in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5, 1923.
B.: Lot 1 in Block 'G' of Palisades in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5, 1923.
C.: Parcel 1 of Parcel Map 3713, filed in the Office of the County Recorder of San Diego County on April 21,
1975 as file/Page No. 75-092233 of Official Records.
Zone Chanqe Aoorovals
Prooertv: From: To: Council Anoroval Date:
A. 204-253-13 C-1 R-3, BAOZ* Ordinance No:
8. 204-253-14 C-1 R-3, BAOZ Effective Date:
C. 204-253-20 C-2 No chanae Signature:
D.
*Beach Area Overlay Zone
REVISED
Sept. 20, 2023 Item #1 Page 56 of 179
--
LOCAL COASTAL PROGRAM LCPA: 00-01
draft [8J final D
Proiect Name: Carlsbad Blvd/Tamarack Zone Chanoe Related Case File No(s): ZC 99-08
Property/Legal Description(s ):
A.: Lot 2 in Block 'G' of Palisades in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5, 1923.
B.: Lot 1 in Block 'G' of Palisades in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5, 1923.
C.: Parcel 1 of Parcel Map 3713, filed in the Office of the County Recorder of San Diego County on April 21,
1975 as file/Page No. 75-092233 of Official Records.
LCPA Mao Desianation Chanae Aoorovals
Prooertv From: To: Council Aooroval Date:
A. 204-253-13 C-2 R-3, BAOZ*
B. 204-253-14 C-2 R-3, BAOZ Effective Date:
c. 204-253-20 C-2 No change Signature:
*Be 1ch Area Overlay 2 one
REVISED
Sept. 20, 2023 Item #1 Page 57 of 179
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Attachment 9
RESOLUTION NO. 2001-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO (1) APPROVE A NEGATIVE
DECLARATION AND ADDENDUM, ZONE CHANGE, AND
LOCAL COASTAL PROGRAM AMENDMENT TO REZONE TWO
LOTS OWNED BY THE CHARLES B. LEDGERWOOD TRUST;
AND, (2) MAKE NO CHANGE AT THIS TIME TO THE ZONING
ON THE LOT OWNED BY THE MITZE H. EUBANKS TRUST;
AND (3) DIRECT STAFF TO PROCESS THE NECESSARY
ENVIRONMENTAL REVIEW AND APPROPRIATE
AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL
PROGRAM, AND ZONING ORDINANCE AT PUBLIC HEARINGS
TO ENABLE CONSIDERATION OF ALLOWING COMMERCIAL
TO REMAIN AS A CONFORMING USE ON THE LOT OWNED
BY THE MITZE H. EUBANKS TRUST. THE THREE
PROPERTIES AFFECTED ARE ON THE EAST SIDE OF
CARLSBAD BOULEVARD, BETWEEN TAMARACK AVENUE
AND REDWOOD AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BL/TAMARACK ZONE CHANGE
CASE NO.: ZC 99-08 AND LCPA 00-01
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on January 3, 2001, the Carlsbad Planning Commission held a duly
noticed public hearing, which was subsequently continued to January 17, 2001, to consider a
proposed Negative Declaration, Zone Change, and Local Coastal Program Amendment to
rezone the two lots owned by the Charles B. Ledgerwood Trust from Neighborhood Commercial
(C-1) and General Commercial (C-2) to Multiple-Family Residential (R-3) and Beach Area
Overlay Zone (BAOZ) and rezone the one lot owned by the Mitze H. Eubanks Trust from C-2 to
R-3 and BAOZ; and
WHEREAS, on January 17, 2001, the Planning Commission adopted Planning
Commission Resolutions No. 4891, 4892, and 4893 recommending to the City Council that (1)
the Negative Declaration and Addendum, Zone Change, and Local Coastal Program
Amendment be approved to change the zoning as proposed on the properties owned by the
Charles B. Ledgerwood Trust, and (2) that the Council make no change at this time to the
existing commercial zoning on the lot owned by the Mitze H. Eubanks Trust and instead
consider allowing commercial to remain as a conforming use, and, accordingly direct staff to
Sept. 20, 2023 Item #1 Page 58 of 179
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conduct the necessary environmental review and process appropriate amendments to the
General Plan, Local Coastal Program, and Zoning Ordinance at public hearings; and
WHEREAS, the City Council of the City of Carlsbad, on the 6th day of March
2001, held a duly noticed public hearing to consider the recommendation and heard all persons
interested in or opposed to ZC 99-08 and LCPA 00-01; and
WHEREAS, an Initial Study and Addendum was prepared for the project and it
was determined that a Negative Declaration could be issued for the project,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for: (1) The
approval of a Negative Declaration and Addendum, Zone Change 99-08, and Local Coastal
Program Amendment 00-01, and; (2) The retaining of the existing zone on the Mitze H. Eubanks
Trust and further study and consideration of an appropriate commercial designation for the
property is approved and that the findings of the Planning Commission contained in Planning
Commission Resolutions No. 4891, 4892, and 4893, on file with the City Clerk and incorporated
herein by reference, are the findings of the City Council.
3. That the City Council is not rezoning the parcel at this time in reliance on
the Seaside Bistro's representations that it will relinquish its cabaret license and agree to
process a Conditional Use Permit application setting forth the terms and conditions under which
commercial use will continue to exist at this site. Therefore, the Planning Director is directed to
commence the necessary and appropriate rezoning process forthwith which will require a
Conditional Use Permit or other discretionary permits and to return to the City Council through
the Planning Commission with its report and recommendations. The Seaside Bistro is directed
to apply forthwith for a Conditional Use Permit or other discretionary permits under the proposed
zone so that all discretionary actions will be before the Council concurrently.
4. This action is final the date this resolution is adopted by the City Council.
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review," shall apply:
"The time within which judicial review of this decision must be sought
is governed by Code of Civil Procedures, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking judicial
review must be filed in the appropriate court no later than the ninetieth
day following the date on which this decision becomes final; however,
if within ten days after the decision becomes final a request for the
record of proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of preparation of such
record, the time within which such petition may be filed in court is
-2-Sept. 20, 2023 Item #1 Page 59 of 179
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--
extended to not latter than the thirtieth day following the date on which
the record is either personally delivered or mailed to the party, or his
attorney of record, if he has one. A written request for the preparation
of the record of the proceedings shall be filed with the City Clerk, City
of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of March 2001, by the following vote, to wit:
C
ATTEST:
(SEAL)
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
ABSENT: None.
-3-Sept. 20, 2023 Item #1 Page 60 of 179
EXIST.NWlTMEHTBWWINGS
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HU Hl8!!1n' 9T1 ST!!. 112 &AN OJCGO, CA 01~1
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EXISTING FLOOR PLAN
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PROPfll.TY UNI: :--1
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._ _______________________________________________________ EX_IS_TI_N_G_E_LEV_~_n_o_N_s ____ ~_.,_:_"_~_' .. _,.,._-Ji A2 Sept. 20, 2023 Item #1 Page 63 of 179
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Sept. 20, 2023 Item #1 Page 64 of 179
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Sept. 20, 2023 Item #1 Page 65 of 179
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Sept. 20, 2023 Item #1 Page 66 of 179
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Sept. 20, 2023 Item #1 Page 67 of 179
PROJECT ANALYSIS Exhibit 4
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
PROJECT ANALYSIS
The project is subject to the following regulations:
A. Visitor Commercial (VC) General Plan Land Use Designation
B. Commercial Tourist (C-T) Zone (CMC Chapter 21.29), Beach Area Overlay (BAO) Zone (CMC
Chapter 21.82) and Minor Conditional Use Permits and Conditional Use Permits (21.42)
C. Waiver or Modification of Parking Standards (CMC 21.44.040)
D. Local Coastal Program (Mello II Segment)
E. Growth Management Ordinance (CMC Chapter 21.90) and 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 within the sections below.
A. General Plan Visitor Commercial (VC) Land Use Designation
The subject 0.32-acres property has a General Plan Land Use designation of Visitor Commercial
(VC) which allows for development of commercial uses that serve the travel, retail, shopping,
entertainment, and recreation needs of visitors, tourists, and residents. The project proposes
the ongoing use and operation of an existing restaurant with on-site valet, as well as a new
detached outdoor dining patio and off-site valet. The existing restaurant and proposed outdoor
dining patio are located in a residential area, across from a Carlsbad State Beach, a tourist
destination; and therefore, serves residents, tourists and beachgoers. The project complies with
the Elements of the General Plan as outlined in Table “A” below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.2 – Promote a diversity
of compatible land uses
throughout the city, to enable
people to live close to job
locations, adequate and
convenient commercial services,
and public support systems such
as transit, parks, schools, and
utilities.
The restaurant is existing and
located on a site that has been
operating as an eatery
establishment since 1970. The
existing restaurant is surrounded
to the north, south, and east by
residential uses, including single-
family residences and multi-
family residences. To the west is
Carlsbad State Beach. The
closest restaurant to the project
Yes
Sept. 20, 2023 Item #1 Page 68 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
site is located 0.5 miles to the
north. The continuation and
expansion of a restaurant use at
the site will provide a
convenient commercial service
to visitor, tourists/beach goers
and residents in the area. The
conditions attached to this
conditional use permit, such as
limited restaurant hours, limited
occupancy, and on and off-site
parking, will ensure
compatibility with surrounding
land uses.
Land Use &
Community
Design
Goal 2-G.3 – Promote infill
development that makes
efficient use of limited land
supply, while ensuring
compatibility and integration
with existing uses. Ensure that
infill properties develop with
uses and development
intensities supporting a cohesive
development pattern.
The project is an existing
restaurant and a proposed patio
for outdoor dining on a
developed site. The site is
surrounded by urban
development, with the
exception of Carlsbad State
Beach to the west, including a
two-story single-family
residence to the north, a two-
story multi-family apartment
building to the east and a three-
story multi-family residential
condominium building to the
south. The restaurant would
continue to provide visitors,
tourists/beach goers and
residents with access to
convenient commercial services.
Yes
Land Use &
Community
Design
Policy 2-P23 – Sites designated
for “visitor commercial” uses
should generally be located near
major transportation corridors
and proximate to key
tourist/visitor draws, such as
hotels, the ocean, lagoons, the
Village, LEGOLAND and other
The project is designated for
visitor commercial uses and is
located at the northeast corner
of two major streets, Carlsbad
Boulevard and Tamarack
Avenue. The site is located
across from Carlsbad State
Beach, a key tourist/visitor
Yes
Sept. 20, 2023 Item #1 Page 69 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
recreation venues, McClellan-
Palomar Airport, and businesses
in the Palomar Airport Road
corridor. Regional, general and
local shopping center uses may
be adjacent to or, as a secondary
use, integrated into a visitor
commercial center to also serve
the daily convenience needs of
tourists, visitors and residents.
destination. The restaurant will
continue to provide visitors,
tourists/beach goers and
residents with access to
convenient commercial services.
Land Use &
Community
Design
Policy 2-P.24 – Build and operate
commercial uses in such a way
as to complement but not
conflict with adjoining
residential areas. This shall be
accomplished by:
a. Controlling lights, signage, and
hours of operation to avoid
adversely impacting surrounding
uses.
b. Requiring adequate
landscaped buffers between
commercial and residential uses.
c. Providing bicycle and
pedestrian links between
commercial centers and
surrounding residential uses and
providing bicycle parking racks.
d. Ensuring building mass does
not adversely impact
surrounding residences.
The conditions of approval
attached to the conditional use
permit will ensure the
restaurant is compatible with
the existing residential
neighborhood by restricting the
hours of operation, ensuring
landscaping and appearance is
maintained, limiting the number
of occupants, enacting a valet
plan to reduce traffic congestion
on Tamarack Avenue, and
placing limitations on noise
caused by entertainment.
While the commercial project is
surrounding by residential
buildings, it is comparable in
mass and scale to nearby multi-
family residences such as the
adjacent residential apartment
building to the east, and the
condominium on the southeast
corner of Carlsbad Boulevard
and Tamarack Avenue. The
restaurant is L-shaped and
contains parapets of different
heights to break up the scale
and provide for a more aesthetic
design. The proposed outdoor
dining patio will be shielded
Yes
Sept. 20, 2023 Item #1 Page 70 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
partly on two sides by existing
landscaping and planters on the
corner of Carlsbad Boulevard
and Tamarack Avenue. The
restaurant is also smaller in
height than the surrounding
buildings. The highest portion of
the existing one-story restaurant
is 17-feet, while the detached
outdoor dining patio is proposed
at 14-feet-4-inches-tall. The
single-family residence to the
north of the project site is two
stories and stands at 27-feet-5-
inches-tall. The residential
condominium to the south of
the project site is approximately
33-feet-tall. Although the
approximate height of the
apartment building to the east
of the project site is unknown,
the structure is two stories tall.
Mobility Policy 3-P.5 – Require
developers to construct or pay
their fair share toward
improvements for all travel
modes consistent with the
Mobility Element, the Growth
Management Plan, and specific
impacts associated with their
development.
Transportation Impact Fees will
be assessed during the time of
the building permit plan check. If
it is determined that fees are
required, the applicant will be
required to pay the fees prior to
the issuance of the building
permit. The project is also
conditioned to pay the Public
Facility Fee.
Yes
Mobility Goal 3-G.4 – Manage parking to
support all modes of
transportation and ensure
efficient use of land.
The proposed outdoor dining
patio will increase the number of
customers the restaurant will be
able to serve, therefore causing
an intensification of use and a
need for 11 additional parking
spaces. The patio will also be
placed in the southwest corner
of the parking lot, taking
Yes
Sept. 20, 2023 Item #1 Page 71 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
approximately 7 parking spaces,
therefore reducing the on-site
parking from 21 spaces to 14
spaces. The restaurant therefore
needs to provide a total of 18
spaces (11 additional spaces
required for the patio, and 7
spaces to replace the parking
lost as a result of the patio). The
restaurant proposes a 24-space
on-site valet to accommodate
additional vehicles than could
otherwise be accommodated
under a self-parking scenario.
The restaurant also proposes an
addition 18 off-site valet spaces
at New Song Church located at
3780 Pio Pico Drive. Outside of
church holidays, events and
regular hours, the restaurant will
be able to utilize the entire
church parking lot, which
contains 64 spaces. Allow both
the restaurant and the church to
share the church parking lot will
maximize the use of the land
and provide additional parking
for the restaurant.
Sept. 20, 2023 Item #1 Page 72 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Noise Goal 5-G.1 – Protect public
health and welfare by
eliminating existing noise
problems where feasible,
maintaining an acceptable
indoor and outdoor acoustic
environment, and preventing
significant degradation of the
acoustic environment.
Goal 5-G.2 – Ensure that new
development is compatible with
the noise environment, by
continuing to use potential noise
exposure as a criterion in land
use planning.
The project conditions will limit
noise by restricting the
restaurant hours and bar hours
to close no later than midnight
on any given day. The conditions
also restrict entertainment to
inside the residence and not
outdoors. Additionally, dancing
and dance bars are prohibited.
The conditions will restrict
entertainment noise to the
boundaries of the restaurant
property.
Yes
B. Commercial Tourist (C-T) Zone (Chapter 21.20); Beach Area Overlay (BAO) Zone (Chapter
21.82); and Minor Conditional Use Permits and Conditional Use Permits (Chapter 21.42)
The project is required to comply with all applicable regulations and development standards of
the Carlsbad Municipal Code (CMC) including the Commercial Tourist (C-T) zone (CMC Chapter
21.20) and the Beach Area Overlay (BAO) zone (CMC Chapter 21.82). Table “B” below shows how
the project complies with the applicable requirements of the C-T zone. Table “C” below shows
how the project complies with the applicable requirements of the BAO zone.
TABLE B - C-T ZONE COMPLIANCE
STANDARDS REQUIRED PROPOSED COMPLY
Setbacks Front Setback (Carlsbad Boulevard
Avenue): 0 Feet
Corner Interior Side: 10 feet
Corner Street Adjacent Setback
(Tamarack Avenue): 0 feet
Rear: 10 feet
Front: 0 feet for existing
restaurant; 2 feet, 4 inches
proposed outdoor dining
patio
Corner Interior Sides: 0 feet
for existing restaurant; 53
feet for proposed outdoor
dining patio
Corner Street Adjacent
Side: 0 feet for existing
Yes*
Sept. 20, 2023 Item #1 Page 73 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
STANDARDS REQUIRED PROPOSED COMPLY
restaurant; 6 feet for
proposed outdoor dining
patio
Rear: 0 feet for existing
restaurant; 108 feet for
proposed outdoor dining
patio
Lot Area None 13,738 sq. ft. Yes
Lot
Coverage
None 48% Yes
Height 35 feet and 3 stories 17 feet and one story for
existing restaurant; 14 feet, 4
inches and one story for
proposed outdoor dining
patio
Yes
*The existing restaurant does not comply with the current C-T zoning in regard to the sides
and rear setbacks, however the structure previously conformed the previous General
Commercial (C-2) zone setbacks. The existing restaurant is considered a nonconforming
nonresidential structure. No changes are proposed to the existing restaurant, and the new
patio will be detached from the existing restaurant and will meet all development
requirements of the C-T zone. Therefore, a nonconforming construction permit is not
required.
TABLE C - BAO ZONE COMPLIANCE
STANDARDS REQUIRED PROPOSED COMPLY
Height 30 feet if a minimum 3/12 roof pitch
is provided or 24 feet if less than a
3/12 roof pitch is provided
17 feet for existing
restaurant; 14 feet, 4 inches
for proposed outdoor dining
patio
Yes
Restaurants without a drive thru are a permitted use within the C-T Zone subject to a CUP when
located adjacent to a residentially developed or designated property. A CUP is required “to
assure compatibility within the zone and its surroundings…” in accordance with CMC Section
21.42. The required CUP findings with justification for each are summarized below and
contained in the Planning Commission Resolution (Exhibit 1 to the September 20, 2023 Planning
Commission Staff Report).
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.
Sept. 20, 2023 Item #1 Page 74 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
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-P1.23 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 Commercial Tourist (CT) and Beach Area Overlay Zone, and the development of
the patio is consistent with the LCP Mello II VC land use designation.
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.
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, the existing parking does not
meet all required dimensional standards, and the existing on-site parking does not meet all
required dimensional standards; however, Zoning Ordinance Section 21.42.070 allows flexibility
in applying parking standards in such cases through the conditional use permit process and
related findings and conditions. The previous conditional use permit, CDP 02-19 Resolution
5551 established a maximum number of 125 seats for the restaurant, bar and outdoor dining
which is the seating maximum established for previous restaurants on the property. Resolution
5551 also permitted on-site valet of 28 spaces to maximize the available on-site parking. The
proposed 1,401-square-foot detached patio will remove 7 on-site parking spaces, or 4 valet
parking spaces. The proposed patio will result in an additional 11 parking spaces required by
CMC section 21.44.020. The applicant will provide 18 parking spaces (11 required plus 7
removed spaces) through an off-site valet located at New Song Church at 3780 Pio Pico Drive.
Although 18 parking spaces will always be available to the restaurant, additional parking spaces,
up to 64 spaces, will be available during non-church services and events. The project is
conditioned to record a reciprocal parking agreement between Vigilucci’s and New Song
Church.
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.
The existing restaurant meets all setbacks except for the rear yard setback. However, it was in
conformance with the rear yard setback until the adjacent property to the north was rezoned
from commercial to residential in 2001. The propose detached patio will meet all setbacks.
Existing landscape will remain, including landscaping along the property lines fronting Carlsbad
Sept. 20, 2023 Item #1 Page 75 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
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 7
regular spaces or 6 valet spaces. The on-site valet will be reconfigured to provide 14 regular
spaces or 22 valet spaces. 18 spaces at any given time will be provided via an off-site valet at
3780 Pio Pico Road.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use.
A Traffic Impact Analysis prepared by Scott Sato, P.E. of Trames Solutions Inc. dated November
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.
C. Waiver or Modification of Parking Standards
The proposed project is requesting a modification of parking standards pursuant to CMC section
21.44.040. This section allows the city planner to 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 and circulation based on a traffic study or
other satisfactory evidence satisfactory. The applicant provided an alternative parking option of
both on-site and off-site valet to satisfy this requirement. The city’s Parking Management Plan,
Kimley Horn, dated September 14, 2017, encourages the use of valet parking and shared and
leased parking to optimize the use of the parking supply and to ensure that parking is not
underutilized. CMC Section 21.54.040.C provides that when an approval under Title 20
(Subdivision Ordinance) or Title 21 (Zoning Ordinance), the decision-making authority is
consolidated to one decision maker. Therefore, for this project, the Planning Commission is the
decision maker for both the discretionary permits and the associated requested parking
reduction.
The existing restaurant use consists of 4,720-square feet of interior space with a 239 square
foot patio. The restaurant also provides a 1,910 square foot temporary patio, which will be
removed and replaced with the addition of a 1,401 square foot permanent patio. The total
parking spaces required and the proposed number of off-street parking spaces provided are
shown in Table “E.”
At the time of the original CUP, the restaurant use required a total of 57 spaces pursuant to the
Carlsbad Municipal Code. However, only 21 on-site parking spaces existed at most, creating a
deficit of 36 spaces. In addition, many of the spaces were non-compliant with city parking
Sept. 20, 2023 Item #1 Page 76 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
standards. For example, the Carlsbad Municipal Code requires parking standard stalls to be 8.5-
feet-wide and 170 square feet (8-feet-6-inches-wide by 20-feet-long) but many of the existing
stalls were 153 square feet (8-feet-6-inches-wide by 18-feet-long). It was noted during the
review and approval of CUP 02-19 that parking was a concern for many years at the project site,
and many potential avenues to alleviate on-street parking were considered during that time.
Ultimately staff and the applicant determined that the best course of action at that time to
maximize parking was through the use of an on-site valet plan. Staff noted advantages of on-
site valet to include the ability to control access in and out of the parking lot, therefore
alleviating traffic caused by cars queuing, and park a greater number of cars than achievable by
a self-parking lot. The original CUP approval by the Planning Commission and City Council
included a valet plan with 28 spaces, which was determined to satisfy the total requirements
for off-street parking. The decision-making bodies determined that valet plan was the best
option to provide parking accommodations but also acknowledged that it would not eliminate
parking in the surrounding neighborhood, nor would it eliminate parking congestion on
Tamarack Avenue. An attached outdoor dining patio within the right-of-way was also reviewed
and approved as part of the original CUP. To avoid intensifying the use and requiring additional
parking for the attached outdoor dining patio, the CUP was conditioned to limit the total
occupancy of the restaurant, bar and patio to 125 seats as this was the occupancy established
for the previous business at this site, the Sandbar, in 1989. Staff has incorporated this limit into
the conditions of approval for this current CUP so that at all times there can be no more than
125 total seats at the restaurant, bar, and attached outdoor patio. The new detached outdoor
patio will be conditioned so that there can be no more than 90 seats, in compliance with the
fire regulations.
In recognition of the existing expired CUP, the parking requirements for the entire development
proposal (existing restaurant and new patio) was analyzed for consistency with Table A of
Section 21.44.020 of the Carlsbad Municipal Code. The proposed project is outside of the
Village and Barrio Master Plan, but is within the area covered by the Village, Barrio, and Beach
Area Parking Management Plan.
The project proposes a 1,401 square foot detached outdoor dining patio, which requires 11
parking spaces. This patio will be located within the existing parking lot, therefore removing 7
parking spaces. The applicant is proposing to revise the previous on-site valet from 28 valet
spaces to 24 valet spaces. The project is also requesting a new off-site valet at New Song
Church at 3780 Pio Pico. Restaurant customers will drive their vehicles fully into the restaurant
parking lot to avoid creating congestion on Tamarack Avenue. The valet employees will then
drive the vehicles to the offsite parking lot by driving east on Tamarack Avenue, turning left
(north) on to Pio Pico and turning right (east) into the church parking lot. This trip is
approximately 0.9 miles and takes approximately 3-5 minutes. When possible, the valet driver
will return to the restaurant with a previously parked vehicle that is ready to be returned to a
customer, otherwise a shuttle will take the valet employees from the church back to the
restaurant. The restaurant plans to utilize either a street-legal golf cart, hybrid car or electric
vehicle as the shuttle. To save time, restaurant patrons will be reminded to hand their parking
Sept. 20, 2023 Item #1 Page 77 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ticket to their server a few minutes before they are ready to leave. Once valet employees
receive the parking ticket from the server, they will be shuttled back to the parking lot to
retrieve the cars. Valet employees will also park at the off-site valet lot at all hours except
church hours, functions and religious holidays to elevate street parking on Tamarack Avenue.
The church parking lot will allow for up to 64-spaces to accommodate for the increase in
parking demand (11 spaces) caused by the proposed patio, as well as the spaces removed (7
spaces) due to the construction of the patio. 18-spaces at the church will be available to the
restaurant to use during all restaurant business hours, however, outside of church hours,
events and holidays the restaurant can use the entire lot, consisting of 64 spaces. Table “E”
below lists required and provided parking. There are two days in which church services overlap
with restaurant hours, Tuesday, and Sundays from 11:30 am to 3:00 pm. Despite this overlap,
the restaurant will be able to park a maximum of 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 they 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. The letter from the valet company is included in the
staff report as Exhibit 9. 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 1,910-square foot temporary patio. They also noted that
35-40 guests each Friday and Saturday traveled arrived by rideshare companies such as Uber.
Table “F” below lists the hours of operation for the restaurant and church.
New Song Church indicated that their holiday services include Christmas Eve and Easter Sunday.
Christmas Eve services and event run from 6am to 9pm and Easter Sunday Services and events
run from 10am to 3pm. Staff recommends a condition to require that no valet parking in the
church parking lot occur during Christmas Eve and Easter Sunday, and that the restaurant
(including all indoor and outdoor eating areas) either limit the occupancy to 125 seats as
approved prior to the expansion of the propose patio, or that 1,401-square-feet of seating be
closed during these holidays. Furthermore, a condition to require an exhibit of the reserved 18
spaces as well as associated signage to reserve these spaces is recommended.
Staff believes self-parking during off-peak periods is acceptable and recommends a condition
that allows it as long as the continuous parking demand for the restaurant does not exceed 14
spaces, or the capacity of the parking lot under self-parking. During all other times, another
condition requires operation of the valet parking plan. However, Pacific Coast Valet Inc. is
currently contracted by Vigilucci’s to provide valet services during all business hours, and the
restaurant will likely not use the lot for self-parking.
Staff also evaluated the results of the city’s 2022 Parking Survey, Downtown Carlsbad Parking
Sept. 20, 2023 Item #1 Page 78 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Study, CR Associates, December 2022. It includes parking data of the Carlsbad Village, Barrio
and adjacent coastal areas in the northwestern part of the city. The survey includes the project
site at the corner of Carlsbad Boulevard and Tamarack Avenue. The data for the survey was
collected in August 2022, and therefore represents a typical summer day, which is likely a
busier time for the restaurant due to its proximity to the beach. It is important to note that
during the time of this survey, Vigilucci’s temporary 1,910-square-foot patio and on-site valet
were in operation. The survey included 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 (10am to 1pm) and weekday evening on-street parking occupancy (6pm-9pm) was
70.1% to 85%. Therefore, it can be concluded that the overlap of church and restaurant hours
on Thursday’s will not negatively impact on-street parking. The survey also concluded that
weekend midday on-street parking occupancy for Vigilucci’s was greater than 85%. Although
the weekend mid-day (10 am to 1pm) represented the highest occupancy of on street parking
at greater than 85%, church is closed by 10 am on Saturdays, leaving all 64 spaces available to
accommodate the valet demands of the restaurant. As shown in Table “F,” there are only 7
hours of total overlap (3.5 hours on Tuesday and 3.5 hours on Sunday). Also, weekend evening
occupancy was 70.1% to 85%, which represents a downward trend towards the evening.
Therefore, it is unlikely that the overlap of church and restaurant hours on Sundays will result in
a negative impact to on-street parking. The results of this study for the project site are
summarized below in Table “D”.
TABLE D – 2022 PARKING SURVEY
DESTINATION BASED ON-STREET PARKING OCCUPANCY – VIGILUCCI’S
DAY MORNING
(6AM - 9AM)
MIDDAY
(10AM - 1PM)
EVENING
(6PM - 9PM)
WEEKDAY 50% or less 70.1% - 85% 70.1% - 85%
WEEKEND 50.1% to 70% Greater than 85% 70.1% - 85%
Note: Most of the distributed demand during different peak period may be attributed to
the restaurant’s reservation management system which helps manage the flow of
customers and seating demand throughout the hours of operation.
Sept. 20, 2023 Item #1 Page 79 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
TABLE E – PARKING SPACES REQUIRED AND PROVIDED
USE
PARKING
STANDARD
PARKING
REQUIRED
SELF-PARKING
SPACES
PROVIDED
VALET SPACES
PROVIDED
Existing
Condition
40 spaces plus 1
space for every 50
SQFT over 4,000
square feet
57 spaces 21 spaces 28 on-site
valet spaces
Existing
Restaurant
Proposed
Condition
Proposed
Outdoor
Dining
Patio
40 spaces plus 1
space for every 50
SQFT over 4,000
square feet
1 space/100 square
feet of gross floor
area minus 400
SQFT for incidental
outdoor dining per
CMC section
21.26.013 = 11
spaces + 7 spaces
(to replace spaces
removed by
construction of
patio)
57 spaces
18 spaces
Total:75
spaces
14 spaces 24 on-site
valet spaces
18 off-site valet
at all times; 64
off-site valet
outside of
church hours,
holidays and
events
Total:
42 valet (on
and off-
site) spaces
available at
all times.
88 on and
off site valet
spaces
outside of
church
hours,
holidays.
TABLE F – HOURS OF OPERATION
USE MON TUES WED THURS FRI SAT SUN
Restaur
ant
11:30a
m-
10pm
11:30a
m-
10pm
11:30a
m-
10pm
11:30
am-
10pm
11:30a
m-
10pm
11:30a
m-
10pm
11:30
am-
10pm
Church 8am- 7am- 8am- closed 8am- 7am- 6am-
Sept. 20, 2023 Item #1 Page 80 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
9:30am 3pm 9:30am 9:30am 10am 3pm
Time of
Overlap
None 3.5
hours
None None None None 3.5 hours
D. Conformance with the Coastal Development Regulations for the Mello II Segment of the
Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay
Zone (CMC Chapter 21.203)
The project site is located within the Mello II Segment of the Local Coastal Program and is in the
appeal jurisdiction. The site is also located within and subject to the Coastal Resources Protection
Overlay Zone. The project’s compliance with each of these programs and ordinances is discussed
below:
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is within the
appealable jurisdiction of the California Coastal Commission.
The subject site has an LCP Land Use Plan designation of VC, Visitor Commercial, visitor-serving
commercial uses. Pursuant to LCP Chapter II-2, Policy 6-8, visitor serving commercial uses
include hotels and motels, recreational facilities, restaurants and bars, amusement parks, public
parks, horticultural gardens, farmers' markets, retail uses accessory to another use which is the
primary use of the site, and other accessory uses customarily catering to hotel and motel
guests. The project consists of the ongoing use and operation of an existing restaurant and on-
site valet as well as a proposed 1,401-square-foot outdoor dining patio. The existing restaurant
and proposed outdoor dining patio will not obstruct views of the coastline as seen from public
lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
No agricultural uses or sensitive resources currently exist on this previously graded and
developed site. The existing restaurant and proposed outdoor dining patio are not located in an
area of known geologic instability or flood hazard. 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. Furthermore, no public opportunities for coastal
shoreline access or water-oriented recreation activities are available from the subject site.
2. Coastal Resource Protection Overlay Zone
The development is subject to the Coastal Resource Protection Overlay Zone (CMC Chapter
21.203). The Coastal Resource Protection Overlay Zone identifies areas of protection: a)
Sept. 20, 2023 Item #1 Page 81 of 179
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c)
seismic hazards, landslides, and slope instability; and d) floodplain development. The project’s
compliance with each of these areas of concern is discussed below:
a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25% and possessing
endangered plant/animal species and/or coastal sage scrub and chaparral plant
communities are considered “dual criteria” slopes and are protected in the Coastal
Zone. The project does not support any “dual criteria” slopes.
b. Drainage, Erosion, Sedimentation, Habitat. 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 run-off,
pollutants, and soil erosion.
c. Seismic Hazards, Landslides and Slope Instability. The site is not located in an area prone
to landslides, or susceptible to accelerated erosion, floods or liquefaction.
d. Flood Plain Development. No structures or fill are being proposed within a one-hundred-
year floodplain area as identified by the FEMA Flood Map Service Center.
E. GROWTH MANAGEMENT
The proposed project is located within Local Facilities Management Zone 1 in the Southwest
Quadrant of the city. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table “E” below.
TABLE E – GROWTH MANAGEMENT COMPLIANCE
Standard Impacts/Demand
City Administration N/A
Library N/A
Wastewater Treatment 3.5 EDU (total)
.75 EDU (net increase)
Parks N/A
Drainage No net increase
Circulation 193 ADT
Fire Fire Station 7
Open Space N/A
Schools N/A
Sewer Collection
System
3.5 EDU (total)
.75 EDU (net increase)
Water 1500 GPM (total)
0 (net increase)
Sept. 20, 2023 Item #1 Page 82 of 179
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Tenant Vigiluccis 3878 Carlsbad Blvd Carlsbad, Ca. 92008
Building Owner: Vigiluccis 3878 Carlsbad Blvd Carlsbad, Ca. 92008
Gerleral Contractor: Primary General 215 Denny Way Suite D El Caion, Ca. 92020
I
Arcrlitect: Darrep Machulsky Architect Inc.3508 Woodland Way Carlsbad, Ca. 92008
Project data: Buil�ing address:
Site:Area Zon1>: Gen"'ral Plan Land Use ADlj Trips I I I Assessor parcel number:
Legal description:
Con�truction type: Sprirklered: Nurryber of stories: Loc11tion: Occ�pancy Group:
Square Footage
Total area: Area of first work :I I Existing Building mairl patioII
Prof1osed Building ma11 patiq
Site Open Space Building Coverage Proposed Coverage
I
Sew1 DistrictWat r District Sc ( I District
Allo�able Building Height : 2 4' flf't roof 30' -IMin. 3/12 roof pitch Proposed Building Height
CUP 2021-0008/CDP2021-0031
tel: 760 815 0645 fax: mobile: email: contact name: Roberto Vigilucci tel: 760 815 0645 fax: mobile: email: contact name: Roberto Vigilucci
Tel: 619 977 7431 fax: mobile: email: contact name: John Daniels
tel: -fax: 760. 730.9659 mobile: 609.462.4234 email: darren@dmachulsky.com contact name: Darren Machulsky
387B Car1sbad Blvd Carlsbad, Ca. 13,191 sqft C-T (Commercial Tourism) BAO (Beach Overlay)VC -Visitor CommercialForecast 193
204 253 20 00
Parcel 1 of parcel map No. 3713
V-8no 11st f1oorA2No change in use
4720 sq ft 1401 sq ft
4720 sq ft 239 sq ft
4720 plus 239 patio 1,401sqft
8354 sq ft 4959 sq ft 6360 sq ft
64% 36% 411%
City of Carlsbad Carlsbad Municipal water District Carlsbad Unified School District
- 12'-0"
There is no new landscaping proposed. Existing landscaping shall remain
I Therf' is no new impervious surface proposed.
____ [\_ -'. [NTR_Theri is no net gain to the existing stonn drainage CFS
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j Req�ired Parking, BldgiSF 40 spaces plus 1 for every 50 sf over 4000 -80 4720 SF I Patid SF j Credit Total
1401 plus 239 = 1640 400 1401 Patio -400 SF credit= 1001 1001 / 100 = 10.01 or 11 spaces 11 spaces plus 7 removed = 18 spaces required
Existing Parking Proposed Parking
21 and valet per CUP 02-19 (b) 14 and valet plus reciprocal agreement (18)
The _project is requesting a waiver / modification of parking standards per 1Mc 21.44.040 to use valet parking which includes a plan to p�rk up to 64 excess cars at 3780 Pio Pico Drive per The reciprocal parking agreement, In addition to the a healthy perai,ntage of customers currently utilizing rideshare services
1_:-_, I I I,£·,1u::: w C\_
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Restroom Calculation: CPC 2019 4720 sf plus 1401 sf= 6121 6120 / 30 = 204 or 102 males and 102 females Total
Males: 2WC 1 Lav 1 Urinal
Females: 4WC 2 Lav
LANDSCAPE TO REMAIN:
<'/>.6> Along Tamarack
<1313> Along 101
<CC>Along North PL<PO> Along East PL·•�/ :I::�> Parking Area
Drawing Index A 1.0 -Site plan A1 .1 -Floor Plan A 1.2 -Roof Plan A2.1 Ext. Elevation
California New Jersey Pennsylvania Arizona Texas Delaware Iowa Ohio Florida New York Massachucetts Illinois Colorado Minnesota Nevada Indiana Oklahoma Hawaii Montana Georgia New Mexico Tennessee Washington
\J /_\ __ .----·1> ,-;',, - -REVISIONS, 00 0 0 c---:i O'I
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SITE PLAN
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Exhibit 5
Sept. 20, 2023 Item #1 Page 83 of 179
Sept. 20, 2023 Item #1 Page 84 of 179
Sept. 20, 2023 Item #1 Page 85 of 179
Sept. 20, 2023 Item #1 Page 86 of 179
Sept. 20, 2023 Item #1 Page 87 of 179
3508 Woodland Way, Carlsbad, CA 92008 Ph. (609) 462.4234 Fax. (760) 730.9659
darren@dmachulsky.com
August 13, 2021
City of Carlsbad
Planning
1635 Faraday Ave.
Carlsbad, Ca.
Attention Chris Garcia
SUBJECT: Informational Meeting on a Proposed Development Project - Post Meeting Report
PROJECT NUMBER: CUP- 2021-0008
PROJECT NAME: Vigilucci’s Seafood and Steakhouse
PROJECT ADDRESS: 3878 Carlsbad Blvd.
ASSESSOR PARCEL NO: 204-253-20-00
Roberto Vigilucci and Darren Machulsky conducted an Enhanced Stakeholder Outreach Program
for The Vigiluccis Seafood and Steakhouse (CUP 2021 0008) in conformance with Carlsbad
Council Policy No. 84, Development Project Public Involvement Policy. The outreach program
included the following:
A Community Outreach Meeting was held on Monday August 9, 2021 at 11:30 am at the project
site located at 3878 Carlsbad Blvd. Notices (see attached) of the meeting were mailed 15 days in
advance to the property owners within 600 feet of the project site as well as property tenants
within 100 feet of the property. Nine neighbors attended the meeting. The neighbors were the
owners / residents of the immediately adjacent properties, for the most part.
After a few brief introductory comments and explanation of the meeting’s purpose and format, the
project architect, myself, Darren Machulsky, gave an overview of the project and reviewed the
project site plan. Following the presentation, there were several questions regarding the proposed
project which were answered by the project team. The questions are outlined below.
The meeting was adjourned at approximately 12:45 p.m. at which time attendees were
encouraged to fill out project contact Darren Machulsky via text, email or phone with any further
questions, comments or concerns. Generally speaking the neighbors were very thankful for the
meeting and the information and generally were in support of the project.
There was also a neighbor on Garfield that called yesterday who could not attend the meeting
who wanted to discuss how the parking would be handled. I briefly described the parking
agreement and the valet shuttle system as proposed to her. We talked for about 20 minutes and
she was in support of the proposed patio application.
Questions Received at the Outreach Meeting:
1. How many letters were mailed?
Answer: I am not exactly sure however letters were required to be sent to each owner withing 600
feet of the property and to each tenant within 100 feet of the property.
2. About how much more of a business increase has the new patio created?
Answer: (by RV) Last year during covid there was a decrease however this year there may be an
approximate 10-15% increase. Keep in mind there are some interior areas of the building that
are no longer being used. The restaurant also now employs about 15-20 more employees.
3. Where will the valet take the cars.
Exhibit 6
Sept. 20, 2023 Item #1 Page 88 of 179
3508 Woodland Way, Carlsbad, CA 92008 Ph. (609) 462.4234 Fax. (760) 730.9659
darren@dmachulsky.com
Answer: There is currently a reciprocal agreement between the restaurant owner and the New
Song Church where the cars will be valet parked during the required busy times.
4. Will the public be shuttled all that way?
Answer: No, the valet staff will be shuttling each other back and forth to the church lot and will
bring the cars back and forth for the patrons at the necessary times.
5. Where will the employees park, we don’t like them parking around the neighborhood.
Answer: The employees will be required to park in the church lot. Eliminating their care from the
nearby streets.
6. Can you have the city contact the state and have them allow you to use the Tamarack
beach Lot?
Answer: We will ask our planner
7. Will the new valet system help alleviate backed up traffic on Tamarack?
Answer: Absolutely, with more space in our parking lot because of the church space, all patrons
will be able to pull into the lot to drop off their cars as valet relocates them. This new system is in
place already with this valet company, at a different restaurant in Cardiff. This proposal will also
create more valet jobs.
8. When will the project commence.
Answer: The CUP process is a process and we see that approval taking 9-12 months.
9.Will this be the finished product or will the patio be changing.
Answer: The patio as you see it is the general idea for the application. There may be permanent
footings under the posts and there may be a metal roof structure to replace the vinyl for long term
integrity, but this is the general aesthetic as proposed.
Upon the publics departure, all of the attendees spoke to me personally thanking me for the
meeting, the explanation and were in support of our proposal.
This concludes the Enhanced Stakeholder Outreach Program for our project. If you have any
questions or need additional information, please to not hesitate to contact me at the contact
information below.
Sincerely,
Darren Machulsky, President
DMA Architect
3508 Woodand Way
Carlsbad, Ca. 92008
609 462 4234
dmachulsky@yahoo.com
Sincerely,
Darren Machulsky
Architect C30817
Sept. 20, 2023 Item #1 Page 89 of 179
3508 Woodland Way, Carlsbad, CA 92008 Ph. (609) 462.4234 Fax. (760) 730.9659
darren@dmachulsky.com
July 29, 2021
SUBJECT: Notice of Application: CUP 2021-0008 – Proposed Patio - Vigilucci’s Seafood
and Steakhouse – 3878 Carlsbad Blvd. Carlsbad, Ca.
Dear Neighbors and Interested Stakeholders,
Per City Council Policy No. 84, this is to inform you that Vigilucci’s Restaurant Group
has submitted the following development application to the City of Carlsbad:
PROJECT NUMBER: CUP- 2021-0008
PROJECT NAME: Vigilucci’s Seafood and Steakhouse
PROJECT ADDRESS: 3878 Carlsbad Blvd.
ASSESSOR PARCEL NO: 204-253-20-00
DATE OF APPLICATION: July 15, 2021
PROJECT DESCRIPTION: A proposed CUP to make the existing permitted covered
patio a permanent fixture for the restaurant. Valet parking and reciprocal parking
agreements shall be a part of this application process. See attached Site Plan
APPLICANT NAME: Roberto Vigilucci (robertovigilucci@me.com)
ARCHITECT: Darren Machulsky (dmachulsky@yahoo.com)
CITY PROJECT PLANNER: Chris Garcia, Associate Planner (760-602-4600)
chris.garcia@carlsbadca.gov
If you would like more information or would like to provide input on the project, please
do not hesitate to contact me at the phone number or email address above. The project is
currently under review by the City and your input is welcome. A decision to approve or
deny this application will be made by the City at a future public hearing and you will be
notified of the hearing in advance.
Attachments: Site Plan Thank You in advance for your consideration.
Sincerely,
Darren Machulsky
Architect C30817
Sept. 20, 2023 Item #1 Page 90 of 179
3508 Woodland Way, Carlsbad, CA 92008 Ph. (609) 462.4234 Fax. (760) 730.9659
darren@dmachulsky.com
July 29, 2021
SUBJECT: Informational Meeting on a Proposed Development Project
PROJECT NUMBER: CUP- 2021-0008
PROJECT NAME: Vigilucci’s Seafood and Steakhouse
PROJECT ADDRESS: 3878 Carlsbad Blvd.
ASSESSOR PARCEL NO: 204-253-20-00
Dear Neighbors and Interested Stakeholders: This letter is to invite you to an
informational meeting on a proposed development project in your area. Vigilucci’s
Restaurant Group has filed A proposed CUP to continue the operation of the existing
restaurant and add a patio, make the existing permitted covered patio a permanent fixture
for the restaurant. Valet parking and reciprocal parking agreements shall be a part of this
application process. The project is currently under review by the City of Carlsbad and
will be subject to a future Planning Commission hearing where the Commission will vote
to approve, deny or modify the project. As an affected neighbor or interested stakeholder,
you will be notified of the future Planning Commission hearing on the project.
The informational meeting will be held at: 11:30 a.m. Monday, August 9 2021. At
the project site, Vigilucci’s Seafood and Steakhouse - 3878 Carlsbad Blvd.
At the meeting, representatives of the project will be available to describe the proposed
project and discuss questions or concerns you may have. Maps and plans of the proposed
project will also be available for review at the meeting. If you have any questions, please
do not hesitate to contact me at 609-462-4234 or dmachulsky@yahoo.com.
Sincerely,
Darren Machulsky
Architect C30817
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From:Jeanette
To:Lauren Yzaguirre
Subject:Proposed changes to Vigiluccis
Date:Friday, August 4, 2023 9:34:09 AM
I’ve noticed on the map where the proposed changes going to be where the current restaurantis, however, know where on the map does it indicate where this proposed offsite valet parkingthat they’re requesting will be. Could you please provide that information as nothing is notedanywhere. I may not be able to attend the meeting and would like to notice in advance, so Imight be able to send in my rebottles.
Sincerely,Jeanette Weeks
“Carry out a random act of kindness, with no expectation of reward, safe in the knowledge that one day someone
might do the same for you” - Princess Diana
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Sept. 20, 2023 Item #1 Page 102 of 179
From:Daniel Boilini
To:Lauren Yzaguirre
Subject:Vigilucci"s
Date:Friday, August 4, 2023 11:27:46 AM
Hi, I thought this was about Vigilucci taking up sidewalk and road on State Street..
Then I saw the map and it looks like they want to make changes on their own property
on the corner of Tamarack and Carlsbad Blvd, not city property. Am I correct?
If so, why do they need to get approval to do that on their own property? If people
object, my response would be for them to mind their own business unless Vigilucci
would somehow be affecting the adjoining properties.
Thanks,
Dan Boilini
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Sept. 20, 2023 Item #1 Page 103 of 179
From:Planning
To:Eric Lardy; Cynthia Vigeland
Cc:Lauren Yzaguirre
Subject:FW: Comment: Planning Commission meeting
Date:Wednesday, August 16, 2023 1:38:58 PM
Attachments:NoVigilucci"sExpansion.docx
From: Kurt Hoy <kurthoy@gmail.com>
Sent: Wednesday, August 16, 2023 1:18 PM
To: Planning <Planning@CarlsbadCA.gov>
Subject: Comment: Planning Commission meeting
Please see attached comment regarding item CUP 2021-0008/CDP 2021-031. Please print and share
with Planning Commission prior to today’s meeting. Topic: No Vigilucci’s Expansion!
Thank you, Neighborhood resident
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Sept. 20, 2023 Item #1 Page 104 of 179
2. CUP 2021-0008/CDP 2021-031 (DEV02060) – VIGILUCCI’S SEAFOOD & STEAKHOUSE CONDITIONAL
USE PERMIT (CIP) 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.
I’m a local resident/homeowner (North Beach, two blocks from the Vigilucci’s location) of 25 years and
longtime supporter of both Carlsbad Vigilucci’s restaurants.
I strongly oppose the expansion (guessing the original expansion was a code violation during Covid) and
proposed expansion/construction of Vigilucci’s Seafood & Steakhouse restaurant.
Please don’t vote on this without visiting the restaurant location on a weekend evening. The expansion
has had a tremendous negative impact on the surrounding residents and community. To say that this
location has on-site valet parking is misleading; there are only a few spots here now due to the
expanded seating. Where do the additional customers and employees park? On neighborhood streets
and often along the first block of Tamarack Ave., which is a bike lane and a no parking zone. Stick around
long enough and you’ll watch the Vigilucci’s valet service park cars in the bike lane here, too. The result
is that bike riders (our neighbors and kids) are forced into the street during the evening.
Primarily, the massive influx of cars and people has overwhelmed our neighborhood. Vigilucci’s
customers and employees reduce access to the beach by occupying all the parking spots near Tamarack
Beach and the boardwalk for the gain of a private business. Additionally, restaurant guests and
employees create excessive noise pollution, often late at night (and often of the drunken kind).
I guess I’m not sure why this would even be considered. Aren’t we trying to create safer streets in this
very location? Where exactly is the off-site valet parking? And what is Vigilucci’s proposing to give back
to the neighborhood in exchange for the continued windfall and permanent damage to the community
in which it operates?
Thanks for your consideration.
Concerned resident, North Beach neighborhood
Sept. 20, 2023 Item #1 Page 105 of 179
From:Ruth Apffel
To:Lauren Yzaguirre
Subject:Vote on Vigilucci"s parking lot seating
Date:Tuesday, August 15, 2023 2:25:55 PM
To the City of Carlsbad, Planning Division;
I moved to Carlsbad in 1998 with my husband and 6 children. Now my children are married with families of their
own and they are still enjoying the beauty and charm of Carlsbad. I love Carlsbad and enjoy living in a community
of friendly, caring families who watch out for each other and enjoy neighborhood get togethers and city activities. I
enjoy weekly walks along the boardwalk and have a community of friends who enjoy doing puzzles overlooking the
ocean and gathering on the picnic tables for each others birthday.
Hello Priya BhatI-Patel,
I live in your district and I am writing to express my concerns with Vigilucci's outdoor dining tent. It is time the
Vigilucci COVID tent is removed.
I walk several times a week from Tamarack Street along the Coast Highway by Vigilucci's. And on Wednesday I
walk from Tamarack to the farmers market with my daughter and 2 toddler grand daughters. Often, cars and e-bikes
come down Tamarack and their vision is blocked when we are waiting on the corner by Vigilucci's tent that extends
inhibiting the vision of the drivers. And when a driver is leaving Vigilucci’s parking lot they can't see past the
blackout tent and can't see those walking up the hill.
I when turning at the Tamarack signal and their isn't a clear view of the crosswalk crossing at Coast Highway
because of delivery trucks and the cars lined up for the valet service. On multiple occasions I have witnessed
impatient drivers get stuck behind the line of cars waiting to get into the parking lot.
The Vigilucci tent is a danger and the city could be liable for injury which is sure to happen with the impaired vision
in almost every direction.
Parking in the area is very limited and difficult and the dining tent increases the seating and adds more people who
need to find parking. The extra tables and guests use the parking spots and blocked driveways, overcrowded streets,
and illegal parking.
With E-bikes and distracted drivers looking at their cell phone are already causing many unsafe situation for the city
of Carlsbad. We residence of Carlsbad love our city and want it to be a safe place to enjoy the beauty on foot,
bicycle or car. Please do not permit Vigilucci's tent to impair drivers, bikers and walker vision making this corner a
danger to all. Have Vigilucci's return the area into the much needed parking they had before the pandemic.
Keep Carlsbad a safe place for families to enjoy time together walking on our beautiful coast. When voting please
say enough and do not allow Vigilucci's to make Tamarack and the Coast Highway unsafe to walkers, bikers and
cars.
Thank you,
Ruth Apffel
6451 Ruby way
Carlsbad, 92011
760-518-7884
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Sept. 20, 2023 Item #1 Page 106 of 179
From:Kurt Hoy
To:Lauren Yzaguirre
Subject:Re: Comment: Planning Commission meeting
Date:Friday, September 1, 2023 3:10:06 PM
Thanks for your reply. Nice to have thoughtful people working at the city.
Side note: Based in experience (because we actually live near here), the noise conditions and
parking, etc. won’t be enforced. There’s no reason to create policies that the city can neverfollow up on. Of the planning commission, Planner, and zoning are going to continue to
overcrowd the city and overwhelm our infrastructure, they’ll have to say no to some otherthings.
This proposed valet solution will create a lot of extra traffic on already impacted Tamarack
Ave., adding additional strain on the system, especially for emergency vehicles that alreadyhave to stop at the tracks.
Not sure where you live or how many commission members will bother to visit this
neighborhood, but let’s learn from our mistakes like the Starbucks parking lot (and so manyother examples).
Thanks, Kurt
On Thu, Aug 17, 2023 at 8:13 AM Lauren Yzaguirre <Lauren.Yzaguirre@carlsbadca.gov>
wrote:
Good Afternoon Kurt,
The project is a request to replace the existing 1,910-square-foot temporary outdoor diningpatio with a 1,401-square-foot permanent outdoor dining patio. The project also includes theoperation of an off-site valet located at 3780 Pio Pico (New Song Church) to accommodatethe extra seats provided by the proposed patio and alleviate street parking. The church hasagreed to enter into a parking agreement to allow the restaurant to utilize a minimum of 18parking spaces Mondays through Sundays from 11am to midnight, except Christmas Eveand Easter Sunday and up to 64 parking spaces Mondays, Wednesday, Thursdays, Fridaysand Sundays excepting Christmas Eve and Easter Sunday. In addition, the project isconditioned to limit the restaurant hours and noise.
The existing 1,925-square-foot temporary outdoor patio was permitted in 2021 as a CovidPrivate Property Permit.
Thank you for providing your comments. Your comments will be included in the publicrecord.
Sept. 20, 2023 Item #1 Page 107 of 179
From:Lance Weir
To:Lauren Yzaguirre
Subject:Revised Vigilucci’s
Date:Monday, September 11, 2023 4:50:20 PM
My apologies Lauren, I have a hard time using voice dictation. Please use the below letter. Thank you.
Good afternoon, my name is Lance Weir. Let me first start by saying how uncomfortable, upsetting and
disappointing it is to be writing this letter.
I have lived on Garfield Street for 15 years and over that time the Vigilucci’s has been a place where family and
friends could walk to enjoy great food and a good time. With that being said and I know I speak for many friends
and neighbors when I say the addition of the temporary Covid tent has altered our neighborhood in a very profound
negative way.
It is disconcerting to know we are here trying to stop the expansion of a restaurant located in a residential
community that already had parking issues long before the 20 to 30+ additional tables. For over two years now our
neighborhood is pounded daily with the hundreds of cars frantically searching for parking in a neighborhood where
there is already no parking. The intersections of redwood and Hemlock have always been dangerous, but that has
now been ramped up, as now you have cars constantly doing quick and dangerous U-turn’s in the intersections or
peoples driveways, hoping to get the spot they see on the opposite side of the street before the other person doing the
exact same thing gets it. With many of these instances turning out to be a spot not big enough for their car or not
good enough to parallel park. This creates aggression between those attempting this and the cars that are just using
the road to go home or leave home. Now throw in the bicycles using Garfield Street as well. Because the search is
so hard people will now just settle on parking partially in our driveways or speed off to start the process all over
again. Please do the math add 20 to 30 tables, four people to a table, the average number of cars per table.and
turning those tables over 2 to 3 times a night and you have hundreds of cars searching for a parking spot for a
restaurant that only valets and can only do 17 cars at that. 17 cars for a restaurant that holds over 300 people on any
given day. Then take it in all of that noise and what goes on at the end of the night. Car horns, car alarms, people
continuing their evening after leaving the restaurant, starting their cars and sitting in their cars for extended periods
of time making speakerphone calls and and text to everything they have missed over the past few hours while at the
restaurant. It is hard to believe that the city would allow the restaurant to use the Tamarack bike lanes as their
overflow valet service when needed. Especially with the many bike deaths recently. And let’s not forget the trash. I
ask you to drive down on a Friday, Saturday evening and instead of using the valet, try to find your own parking.
And if you have a few extra minutes stay and watch what has unfortunately been deemed the show by those that
visit our neighborhood. Our neighborhood is now a parking lot. Please don’t say yes to this and give us back our
neighborhood. Thank you.
Lance Weir
Sent from my iPhone
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Sept. 20, 2023 Item #1 Page 108 of 179
From:Lisa Waggoner
To:Lauren Yzaguirre
Subject:Case CUP 2021-0008, CDP 2021-0031
Date:Friday, September 8, 2023 5:57:17 AM
Hello
Please notify me of the decision on this property (Vigiluccis restaurant expansion). I live a block away from thissite. The congestion and car/pedestrian hazards caused by this restaurant has a negative impact on the entiresurrounding neighborhood. This intersection is already very busy without the added vehicles and people looking toget into and out of the restaurant area.
Thank you!Lisa Waggoner
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Sept. 20, 2023 Item #1 Page 109 of 179
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From:Anne LindeTo:Lauren YzaguirreSubject:Vigilucci’s Seafood & SteakhouseDate:Monday, September 11, 2023 2:45:07 PMAttachments:15 August 2023.pdf
Good afternoon Lauren,Attached is a letter I have written AGAINST the proposed construction of an outdoor dining area in the Vigilucci’s parking lot. Also attached are the signatures of 71 neighbors who agree that the current tent should come down, there should be no new construction, and that the lot should go back to being used for only parking.
I also have attached photos that support claims I have made in my letter.Have a great day.
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Sept. 20, 2023 Item #1 Page 121 of 179
Sept. 20, 2023 Item #1 Page 122 of 179
Sept. 20, 2023 Item #1 Page 123 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: addition to restaurant
Date:Tuesday, September 12, 2023 2:53:07 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:56:13 PM PDT
Subject: Fwd: addition to restaurant
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Carolyn O malley <carolyno1989@aol.com>Date: September 12, 2023 at 2:54:42 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Subject: Re: addition to restaurant
To whom it may concern,
This is a letter of support for a permanent outdoor patio addition to Vigilucci’s on the corner
of Carlsbad Blvd and Tamarack. We believe this feature only enhances dining opportunities
in our area. This restaurant is one’s of the attractions for us to buy our condo in Carlsbad.
Carolyn and Mark O'Malley
4048 Garfield
Carlsbad, CA
Sept. 20, 2023 Item #1 Page 124 of 179
On Sep 12, 2023, at 1:16 PM, roberto vigilucci <robertovigilucci@me.com>
wrote:
Hello everyone if you all could write and email me a short letter in support of
the patio will be great.
The city is asking for opinion it will be great if I can get as many notes of
support to give them
Thank you so much
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
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Sept. 20, 2023 Item #1 Page 125 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: In Support of Vigilucci"s Patio Structure
Date:Tuesday, September 12, 2023 2:51:02 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 02:30:49 PM PDT
Subject: Fwd: In Support of Vigilucci's Patio Structure
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Julie Cunningham <julie.cunningham131@gmail.com>Date: September 12, 2023 at 4:29:28 PM CDTTo: Roby Vigilucci <robertovigilucci@me.com>Cc: Roger Cunningham <roger@cunninghamelectric.net>Subject: In Support of Vigilucci's Patio Structure
We are writing to respectfully request that the City of Carlsbad approve the permanent patio
structure adjacent to the south of Vigilucci's restaurant on Carlsbad Boulevard.
My husband and I relocated to Carlsbad from the Bay Area a few years ago and, although
we lived there for many years, we sadly did not know many of our neighbors. Here in the
Carlsbad Village, we are thrilled that we have moved into a community where neighbors
Sept. 20, 2023 Item #1 Page 126 of 179
welcome one another, and watch out for each other's homes and families. This is a very
unique community, and as such, it is incredibly important that we have opportunities to
gather and mingle with each other so that we can continue to strengthen and band togetherthe spirit of the community, and Vigilucci's is one of those places.
My husband and I live within walking distance to Vigilucci's and we have been going therefor several years. Given the quality of food, top notch service, ambiance, and walkability tothose of us in the neighborhood, I can safely say there is nothing like this restaurantanywhere around us. This restaurant is, and has been for many years, a local hangout formany of us to socialize with friends and neighbors; and it is uniquely large enough forcommunity gatherings and other types of community celebrations. By allowing thepermanent patio structure it will continue to strengthen and contribute to theunique camaraderie of the neighborhood and community. It is our sincere hope that you donot take this away from us.
Thank you for reading this letter. We appreciate your time and consideration.
Sincerely,Julie & Roger Cunningham3655 Garfield St, Carlsbad, CA 92008(408) 914-5686
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Sept. 20, 2023 Item #1 Page 127 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Letter of support
Date:Tuesday, September 12, 2023 2:52:52 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:03:09 PM PDT
Subject: Fwd: Letter of support
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Carolyn O malley <carolyno1989@aol.com>Date: September 12, 2023 at 3:02:20 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Cc: Mark Edward O'Malley <momalleyaz@gmail.com>Subject: Letter of support
To whom it may concern,
This is a letter of support for a permanent outdoor patio addition to Vigilucci’s on the corner
of Carlsbad Blvd and Tamarack. We believe this feature only enhances dining opportunities
in our area. This restaurant was one of the main attractions for us to buy our condo in
Carlsbad.
Carolyn and Mark O'Malley
4048 Garfield
Sept. 20, 2023 Item #1 Page 128 of 179
Carlsbad, CA
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Sept. 20, 2023 Item #1 Page 129 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Letter to carlsbad city
Date:Tuesday, September 12, 2023 2:53:45 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:16:59 PM PDT
Subject: Fwd: Letter to carlsbad city
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Gaetano Cicciotti <cicciottis@yahoo.com>Date: September 12, 2023 at 2:16:13 PM CDTTo: robertovigilucci@me.comSubject: Letter to carlsbad city
Hi ,
My name is Gaetano Cicciotti and I am in full support of the city of carlsbad approving the
permanent patio structure adiacent to the south of the Vigiluccis restaurant in carlsbad blvd.
I believe the project will only serve to benefit the neighborhood and community
Thank you
Gaetano Cicciotti
Cicciotti's Trattoria Italiana & Seafood
Cocina del Rancho
Sept. 20, 2023 Item #1 Page 130 of 179
Village Kabob
Restaurants:
Cardiff 760-634.2335Carlsbad 760-994.0553Village Kabob 760-637.5077Rancho Santa Fe 858-771.1800Catering 760-715.5360
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Sept. 20, 2023 Item #1 Page 131 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Patio Dining in Carlsbad
Date:Tuesday, September 12, 2023 2:52:17 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: Roby <robynjay@roadrunner.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:32:28 PM PDT
Subject: Fwd: Patio Dining in Carlsbad
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: dean goetz <dgoetz12@gmail.com>Date: September 12, 2023 at 3:23:42 PM CDTTo: Roby <robynjay@roadrunner.com>, keith.blackburn@carlsbadca.govSubject: Patio Dining in Carlsbad
To Mayor Blackburn and the Carlsbad City Council
I think the City of Carlsbad should approve the permanent use of the parking lots as patios
for restaurants in Carlsbad. Clearly, people like to eat on these patios because they are
usually full of happy diners enjoying the fresh air. And Carlsbad visitors particularly enjoy Al
fresco dining.
The City should support its restaurant businesses by continuing to provide something that
Sept. 20, 2023 Item #1 Page 132 of 179
the citizens and the tourists clearly enjoy.
As a Carlsbad resident, I think I speak for the majority of Carlsbad citizens in making this
statement.
Thank you.
Dean Goetz
--
Dean Goetz
Goetz Law Firm
603 N. Hwy 101Solana Beach, CA 92075 858-481-8844
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Sept. 20, 2023 Item #1 Page 133 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Patio expansion
Date:Tuesday, September 12, 2023 2:54:00 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:09:43 PM PDT
Subject: Fwd: Patio expansion
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: saltytermite@gmail.comDate: September 12, 2023 at 2:09:07 PM CDTTo: robertovigilucci@me.comSubject: Patio expansion
Hello, my name is Dan HUME I am the owner operator of HUME termite here in North
County San Diego. I am in full support of the patio expansion on the south side of the
restaurant. I believe many visitors here in Carlsbad will enjoy the experience that much
more with a beautiful outdoor area to dine. As a local business we have spent many staff
Christmas parties at the restaurant. The approval of this patio expansion will benefit local
neighborhood, as well as visiting families to complement the Carlsbad experience.
Thank you,
Sept. 20, 2023 Item #1 Page 134 of 179
Dan Hume
Office Phone: 760-598-2201
Cell Phone: 760-213-0022
Email: Hume@humetermite.com
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Sept. 20, 2023 Item #1 Page 135 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Patio project
Date:Tuesday, September 12, 2023 2:51:26 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 02:12:55 PM PDT
Subject: Fwd: Patio project
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: scott heimaster <bajaahh@me.com>Date: September 12, 2023 at 4:08:50 PM CDTTo: Robbie Vigilucci <robertovigilucci@me.com>Subject: Patio project
Mayor and Council Members,
I have lived and worked in Carlsbad for over 30 years. First of all I would like to commend
past and present council on what a fine city they have helped shape Carlsbad into.
I believe that careful planning and successful infrastructure has made Carlsbad a leader on
how cities should look in California.
I would greatly appreciate your consideration for allowing Vigilucci’s on Tamarack to go
ahead with their patio project for fine dining.
Vigilucci’s has been a staple restaurant in Carlsbad for a very long time, and Mr. Vigilucci
exemplifies how run a restaurant. He has turned the “Sandbar” into a beautiful and beloved
Sept. 20, 2023 Item #1 Page 136 of 179
family restaurant. Allowing the patio will help Carlsbad continue to grow in the right
direction.
Once again, it would be greatly appreciated by many in the community to allow Vigilucci’s tomove forward with their patio project.
Respectfully,The Heimaster Family
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Sept. 20, 2023 Item #1 Page 137 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Patio structure
Date:Tuesday, September 12, 2023 2:53:36 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:19:44 PM PDT
Subject: Fwd: Patio structure
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Giorgio Tegami <gtegami1@gmail.com>Date: September 12, 2023 at 2:18:03 PM CDTTo: robertovigilucci@me.comSubject: Patio structure
Hello, my name is Giorgio Tegami, and I live by Carlsbad Blvd and Hemlock.
The Vigilucci’s patio on the corner of Tamarack, is probably the nicest looking I have seen
popping up in Carlsbad during the pandemic. This elegant patio it has been a great addition
to the restaurant, and I totally support this structure to become a permanent part of the
building.
Thank you for listening,
Giorgio Tegami.
Sept. 20, 2023 Item #1 Page 138 of 179
Sent from my iPad
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Sept. 20, 2023 Item #1 Page 139 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Patio
Date:Tuesday, September 12, 2023 2:52:46 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:11:00 PM PDT
Subject: Fwd: Patio
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Matt Moore <mmoore@vigiluccis.com>Date: September 12, 2023 at 3:07:05 PM CDTTo: robertovigilucci@me.comSubject: Patio
I'm writing this letter to plea to the city of Carlsbad to approve the permanent
patio structure adjacent to the south of the Vigilucci's in Carlsbad. The restaurant
has been an example of our community for over 20 years and has provided
countless amounts of goodwill throughout the years. This project will be a bright
spot for locals and tourist alike to enjoy the great location that is sits on. As well
as providing more tax dollars for the city it is also employing some fantastic
Sept. 20, 2023 Item #1 Page 140 of 179
people that if this project is denied will unfortunately lose their jobs as the need
will be gone. Roberto has shown in his many years in this community that he will
invest in making this an unbelievable dining experience.
With great respect and appreciation I hope you take this into consideration.
Matt Moore
Vigilucci's Restaurant Group
858-344-6284
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Sept. 20, 2023 Item #1 Page 141 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Planning Letter
Date:Tuesday, September 12, 2023 2:51:37 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 02:12:51 PM PDT
Subject: Fwd: Planning Letter
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Matthew C <trpllc1959@gmail.com>Date: September 12, 2023 at 4:04:34 PM CDTTo: robertovigilucci@me.comSubject: Planning Letter
Robbie,
Let me know if the attached letter works please.
Thanks
Matthew
Sept. 20, 2023 Item #1 Page 142 of 179
Sept. 20, 2023 Item #1 Page 143 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Planning letter
Date:Tuesday, September 12, 2023 2:51:16 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 02:14:52 PM PDT
Subject: Fwd: Planning letter
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Matthew C <trpllc1959@gmail.com>Date: September 12, 2023 at 4:13:58 PM CDTTo: robertovigilucci@me.comSubject: Planning letter
See attached
Sept. 20, 2023 Item #1 Page 144 of 179
Sept. 20, 2023 Item #1 Page 145 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Restaurant Patio
Date:Tuesday, September 12, 2023 2:52:38 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:11:34 PM PDT
Subject: Fwd: Restaurant Patio
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Bernie Delaney <berniedelaney901@gmail.com>Date: September 12, 2023 at 3:07:50 PM CDTTo: robertovigilucci@me.comSubject: Restaurant Patio
While I am confident everyone who loves mixing great food and an amazing location
together would readily agree, I am writing this letter in support of the patio at Vigilucci
Seafood and Steakhouse.
While the Covid pandemic worked overtime to destroy so much in our lives, the patio at
Vigilucci's sprung to life offering a light at the end of a dreary tunnel. It's no secret that
Vigilucci Seafood and Steakhouse has been a landmark in Carlsbad for years; the addition
of the highest quality dining patio in all of Carlsbad makes the location an exciting
Sept. 20, 2023 Item #1 Page 146 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Restaurant Vigillucchi
Date:Tuesday, September 12, 2023 2:53:26 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:53:21 PM PDT
Subject: Fwd: Restaurant Vigillucchi
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Pamela Corbin <pamcorbin@msn.com>Date: September 12, 2023 at 2:50:10 PM CDTTo: robertovigilucci@me.comSubject: Fw: Restaurant Vigillucchi
If you want me to add more, and re-word the letter, send me what points you
would like to have discussed.
Pam
From: pamcorbin48@gmail.com <pamcorbin48@gmail.com>
Sent: Wednesday, August 9, 2023 4:45 PM
To: Pam <pamcorbin@msn.com>
Sept. 20, 2023 Item #1 Page 147 of 179
Subject: FW: Restaurant Vigillucchi
Sent from Mail for Windows
From: Pam Corbin
Sent: Wednesday, August 9, 2023 4:35 PM
To: keith.blackburn@carlsbadca.gov; priya.bhat-@carlsbadca.gov;
melanie.burkholder@carlsbadca.gov; carolyn.luna@carlsbadca.gov;
teresa.acosta@carlsbadca.govSubject: Restaurant Vigillucchi
Dear Mayor, and Council
Thank you for your service, and all the things you do for Carlsbad.
We live next door to Vigillucci's restaurant to the North, at 3870 Carlsbad Blvd.. We also
own the house on the corner of Redwood and Carlsbad Blvd. AKA the old seed house, that
we vacation rental..
The restaurant has not created any problems with noise or nuisance, and the outdoor
eating area is much more charming to look at with the lights and niceties that Robert has
installed, and looks very attractive, and much more inviting than a parking lot.
Prior to covid, the area was a parking lot with cars, and not attractive from our vantage
point, or anyones eye view. The parking on Friday or Saturday evenings can be crowded,
but handled in an efficient way by the valet people.
I understand Robert has secured an off site parking lot to help with the parking on thesurrounding streets of the neighborhood.
Vigillucchi's is a good neighbor. Every situation that we as next door neighbors have had,
Robert was quick to respond, and do anything necessary to solve said problem.
Thank you for your time,
Al and Pam Corbin
760 419 2824
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Sept. 20, 2023 Item #1 Page 148 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Steakhouse
Date:Tuesday, September 12, 2023 2:52:31 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:17:51 PM PDT
Subject: Fwd: Steakhouse
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: alice rossi <a.rossi23477@gmail.com>Date: September 12, 2023 at 3:17:13 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Subject: Steakhouse
To Whom it my concern, I, Tommaso Paoletti, am in compete support of the City of Carlsbad
approving the permanent patio structure adjacent to the south for Vigilucci’s Seafood &
Steakhouse at 3878 Carlsbad Blvd. I think the proposed project will significantly enhance and
benefit our neighborhood and community.
Sincerely,
Tommaso Paoletti
Sept. 20, 2023 Item #1 Page 149 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Steakhouse
Date:Tuesday, September 12, 2023 2:52:30 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:14:45 PM PDT
Subject: Fwd: Steakhouse
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: alice rossi <a.rossi23477@gmail.com>Date: September 12, 2023 at 3:14:09 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Subject: Steakhouse
To Whom it my concern, I, Alice Rossi, am in compete support of the City of Carlsbad
approving the permanent patio structure adjacent to the south for Vigilucci’s Seafood &
Steakhouse at 3878 Carlsbad Blvd. I think the proposed project will significantly enhance
and benefit our neighborhood and community.
Sincerely,
Alice Rossi
Sept. 20, 2023 Item #1 Page 150 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Support for Viggiluccis Carlsbad
Date:Tuesday, September 12, 2023 2:53:55 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:09:53 PM PDT
Subject: Fwd: Support for Viggiluccis Carlsbad
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: roberto vigilucci <robertovigilucci@me.com>Date: September 12, 2023 at 2:06:07 PM CDTTo: Ed Wlodarczyk <ejwlodarczyk@gmail.com>Subject: Re: Support for Viggiluccis Carlsbad
Fantastic thanks
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
On Sep 12, 2023, at 2:05 PM, Ed Wlodarczyk <ejwlodarczyk@gmail.com>
wrote:
Sept. 20, 2023 Item #1 Page 151 of 179
As residents of Carlsbad we, Edward Wlodarczyk and Amy Wimer are in full
support of the City of Carlsbad approval of the permanent patio structureadjacent to the south of Vigiluccis Steakhouse located at 3878 CarlsbadBoulevard in Carlsbad.
This is a well thought out project which will provide great benefits to theneighbors and overall community.
Edward Wlodarczyk Amy Wimer2951 Avenida Valera Carlsbad, CA 92009
From Ed Wlodarczyk's i-phone
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know the content is safe.
Sept. 20, 2023 Item #1 Page 152 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Support of Patio Structure
Date:Tuesday, September 12, 2023 2:54:12 PM
Attachments:image001.png
Darren Machulsky
Architect609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights andcopyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments ofservice prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipientshall take all steps reasonable and necessary to ensure that said documents are and shall remain theproperty of DMA and that no action of the recipient shall compromise any proprietary rights. Recipientunderstands that the automated conversion of information and data from the system and format used byDMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introducedby anyone other than DMA may result in adverse consequences. Recipient shall assume all risksassociated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMAand its consultants from and against all claims, liabilities, losses, damages, and costs, including but notlimited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible forverification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----From: roberto vigilucci <robertovigilucci@me.com>To: Darren Machulsky <dmachulsky@yahoo.com>Sent: Tuesday, September 12, 2023 at 12:09:32 PM PDTSubject: Fwd: Support of Patio Structure
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Pat Maldi <pat@bgccarlsbad.org>
Date: September 12, 2023 at 1:59:02 PM CDT
To: roberto vigilucci <robertovigilucci@me.com>
Subject: Support of Patio Structure
To whom it may concern:
Please accept this email as my show of full support of the City of Carlsbad approving the
permanent patio structure adjacent to the south of the Vigilucci’s Restaurant at Carlsbad
Boulevard @ Tamarack Avenue.
Sept. 20, 2023 Item #1 Page 153 of 179
I believe the project will benefit the neighborhood and the Carlsbad community. RobertoVigilucci is a Carlsbad resident who supports Carlsbad causes, and we look forward tocollaborating with him for many years to come.
Please feel free to contact me if you have any questions.
Sincerely,
*Pat Maldi
Pat Maldi l Director of Development
760.845.3236 Cell
Boys & Girls Clubs of Carlsbad
2730 Bressi Ranch Way l Carlsbad, CA 92009
760.444.4893 Direct
100% Funded by Local Donors Like YOU.
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know the content is safe.
Sept. 20, 2023 Item #1 Page 154 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Vigilucci Patio
Date:Tuesday, September 12, 2023 2:53:11 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:55:57 PM PDT
Subject: Fwd: Vigilucci Patio
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: FRED WILLIAMSON <fiveaday@aol.com>Date: September 12, 2023 at 2:53:26 PM CDTTo: "Roberto \"Roby” Vigilucci" <robertovigilucci@me.com>Subject: Vigilucci Patio
Dear wonderful City of Carlsbad,
We , Fred & Stephanie Williamson , are in full support of the city of carlsbad approving the
permanent patio structure adjacent to the south of the Vigiluccis restaurant in carlsbad blvd.
We believe the project will benefit the neighborhood and community !!
Thank you !!
Sept. 20, 2023 Item #1 Page 155 of 179
Williamson Family
2791 Crest Dr
Carlsbad, CA 92008
(619)823-4100
Fred M. Williamson
Andrew & Williamson Fresh Produce
President (619)823-4100 Cell
9940 Marconi Drive
San Diego, CA 92154
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 156 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Vigilucci’s Patio dining
Date:Tuesday, September 12, 2023 2:52:54 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:56:56 PM PDT
Subject: Fwd: Vigilucci’s Patio dining
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: vicky hamilton <vickyhamilton4034@gmail.com>Date: September 12, 2023 at 2:56:19 PM CDTTo: Roby Vigilucci <robertovigilucci@me.com>Subject: Vigilucci’s Patio dining
This email reflects my support of Vigilucci’s outside Patio. I have lived in Carlsbad for a few
years now and Vigilucci’s quickly became our favorite restaurant. The outdoor patio is our
preferred seating area. As both a patron and a neighbor, I fully support approval of the
request for permanent approval.
Vicky Hamilton
4034 Garfield St
Carlsbad Ca 92008
Sept. 20, 2023 Item #1 Page 157 of 179
Sent from my iPhone
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know the content is safe.
Sept. 20, 2023 Item #1 Page 158 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Vigilucci"s Patio
Date:Tuesday, September 12, 2023 2:52:11 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:34:41 PM PDT
Subject: Fwd: Vigilucci's Patio
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: TJ Jeremiah <tj@shorebreakinsurance.com>Date: September 12, 2023 at 3:33:55 PM CDTTo: Robbie Vigilucci <robertovigilucci@me.com>Subject: Vigilucci's Patio
I, Anthony Jeremiah, am in full support of the City of Carlsbad approving the permanent
patio structure on the south side of Vigilucci's restaurant on Carlsbad Blvd and Tamarack.
This business is 1000 times better than the Sand Bar that used to occupy that space. It has
become a crown jewel for the City of Carlsbad and a destination for residents and visitors.
It is the sort of place that people go for special occasions and marriage proposals. How
could you not support it?
Sept. 20, 2023 Item #1 Page 159 of 179
Thank You,
TJ Jeremiah
Principal Agent | Shorebreak Insurance Services
2647 Gateway Rd. Suite 105-153, Carlsbad, CA 92009
Phone (760) 512-1300 | Mobile (760) 613-9039
Fax (760) 385-2040
TJ@ShorebreakInsurance.com
www.ShorebreakInsurance.com
Lic. 0E01873
This message, together with any attachments, is intended only for the use of the individual or entity to which it isaddressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intendedrecipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictlyprohibited. If you have received this item in error, please notify the original sender and destroy this item, along with anyattachments.
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 160 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Vigilucci"s Support Letter
Date:Tuesday, September 12, 2023 2:53:48 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 12:12:42 PM PDT
Subject: Fwd: Vigilucci's Support Letter
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: viola wheelihan <vwheelihan@gmail.com>Date: September 12, 2023 at 2:12:07 PM CDTTo: robertovigilucci@me.comSubject: Vigilucci's Support Letter
I, Viola Wheelihan, am in full support of the City of Carlsbad approving the permanent patio
structure adjacent to the south of the Vigilucci's restaurant on Carlsbad Blvd.
I believe this project will only serve to benefit and enhance the neighborhood and our
beautiful community of Carlsbad in so many ways, for many years to come.
Best regards,
Sept. 20, 2023 Item #1 Page 161 of 179
Viola Wheelihan
619-843-0793
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Sept. 20, 2023 Item #1 Page 162 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw: Vigiluccis
Date:Tuesday, September 12, 2023 2:51:54 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:51:48 PM PDT
Subject: Fwd: Vigiluccis
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: "mdc curranlawoffices.com" <mdc@curranlawoffices.com>Date: September 12, 2023 at 3:50:54 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Subject: Vigiluccis
Dear Carlsbad City Council,
Please be advised that the Carlsbad based Curran & Curran Law firm are in full support of
the City of Carlsbad approving the permanent patio structure located just to the south of the
main dining room of Vigaliccis Steakhouse on Carlsbad Boulevard and Tamarack Ave.
The outdoor dining patio structure has already proven to be a welcome addition to
Vigiluccis Steakhouse restaurant and to the surrounding beach community.
Sept. 20, 2023 Item #1 Page 163 of 179
We urge you to approve this demonstrated and proven permanent patio structure.
Michael D. Curran, Esq./ATP
CURRAN & CURRAN LAWPalomar Heights Corporate Center5857 Owens Ave., Ste. 300Carlsbad, CA 92008760-634-1229 off. phone 760-840-7424 cell Email is covered by the Electronics Privacy Act, 18 U.S.C., sections 2510-2521, and islegally privileged. This email may contain confidential and privileged material for the soleuse of the intended recipient(s). Any review, use, distribution, or disclosure by others isstrictly prohibited. If you are not the intended recipient, please contact the sender by replyemail and delete all copies.
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 164 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw:
Date:Tuesday, September 12, 2023 2:52:09 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:46:15 PM PDT
Subject: Fwd:
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Pamela Corbin <pamcorbin@msn.com>Date: September 12, 2023 at 3:44:14 PM CDTTo: robertovigilucci@me.com
We, Al and Pam Corbin, are in full support of the City of Carlsbad approving the
permanent patio structure adjacent to the South of the vigilucci's restaurant in Carlsbad.
It will serve to benefit the community and neighborhood for years to come.
Sent from my T-Mobile 5G Device
Get Outlook for Android
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 165 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fw:
Date:Tuesday, September 12, 2023 2:52:00 PM
Darren Machulsky
Architect
609 462 4234
This email is confidential and intended solely for the recipients listed. DMA reserves all rights and
copyrights pertaining to this email and its attached documents. Distribution or re-use of the instruments of
service prepared by DMA is strictly prohibited except by mutual agreement with DMA in writing. Recipient
shall take all steps reasonable and necessary to ensure that said documents are and shall remain the
property of DMA and that no action of the recipient shall compromise any proprietary rights. Recipient
understands that the automated conversion of information and data from the system and format used by
DMA to an alternate system or format cannot be accomplished without the introduction of inexactitudes,
anomalies and errors. Unauthorized changes or modifications to DMA’s instruments of service introduced
by anyone other than DMA may result in adverse consequences. Recipient shall assume all risks
associated therewith and, to the fullest extent permitted by law, hold DMA harmless and indemnify DMA
and its consultants from and against all claims, liabilities, losses, damages, and costs, including but not
limited to attorney’s fees, arising there from or in connection therewith. Recipient shall be responsible for
verification of field conditions, construction requirements, and local code compliance.
----- Forwarded Message -----
From: roberto vigilucci <robertovigilucci@me.com>
To: Darren Machulsky <dmachulsky@yahoo.com>
Sent: Tuesday, September 12, 2023 at 01:49:56 PM PDT
Subject: Fwd:
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Alister Poyner <poyner_alister@hotmail.com>Date: September 12, 2023 at 3:47:10 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Subject: RE:
Hi Roby,
My wife Alysha Poyner and I are in full support of the permanent patio structure at VigiluccisSteakhouse located at 3878 Carlsbad Boulevard in Carlsbad.
This will be a great addition for the community that will continue to provide benefits for
Sept. 20, 2023 Item #1 Page 166 of 179
many years to come.
Kind regards,
Alister Poyner
4032 Garfield St
Carlsbad CA 92008
Sent from Mail for Windows
From: roberto vigilucci
Sent: Tuesday, 12 September 2023 11:16 AM
To: Sunny Blende; Alysha Poyner; Brad Butner; Emily Ambler; Greg Gazda; Jaidene
Vigilucci; Alister Poyner; Mark O'Malley; Phylis Rawlings; Richard Robotta; Vicky Hamilton;
Kevin Manemann; Laurie Knodle; Lisa Manemann; Mark Knodle; jimtrish247@yahoo.com;
jessicashalaby@gmail.com; jjames@terrazona.net; Carolyn Polson O'Malley
Subject:
Hello everyone if you all could write and email me a short letter in support of the patio will
be great.
The city is asking for opinion it will be great if I can get as many notes of support to give
them
Thank you so much
CIAO ROBY VIGILUCCI
VIGILUCCIS .COM
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 167 of 179
September 12, 2023
To Whom It May Concern:
I, Viola Wheelihan, am in full support of the City of Carlsbad approving the permanent patio structure adjacent to the south of the Vigilucci's restaurant on Carlsbad Blvd.
I believe this project will only serve to benefit and enhance the neighborhood and our beautiful community of Carlsbad in so many ways for many years to come. Best regards,
Viola Wheelihan
Sept. 20, 2023 Item #1 Page 168 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fwd:
Date:Tuesday, September 12, 2023 3:36:23 PM
Sent from Darren's phone
Begin forwarded message:
From: roberto vigilucci <robertovigilucci@me.com>Date: September 12, 2023 at 3:22:24 PM PDTTo: Darren Machulsky <dmachulsky@yahoo.com>Subject: Fwd:
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Mark Knodle <themarkknodle@gmail.com>Date: September 12, 2023 at 5:20:59 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>, Laurie Knodle<theknodles@aol.com>Subject: Re:
City of Carlsbad,
I live at 4038 Garfield St.about 100 yards from the Vigilucci'sSeafood and Steakhouse.
I fully support the City of Carlsbad approving the permanent patioarea on the corner of Carlsbad Blvd and Tamarack Ave.
I have never experienced any noise or parking issues.
The restaurant and especially the patio area are a world class focalpoint for both our neighborhood and surrounding communities.
-Mark Knodle
On Tue, Sep 12, 2023 at 11:16 AM roberto vigilucci
Sept. 20, 2023 Item #1 Page 169 of 179
<robertovigilucci@me.com> wrote:Hello everyone if you all could write and email me a short letter in
support of the patio will be great. The city is asking for opinion it will be great if I can get as many
notes of support to give them Thank you so much
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 170 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fwd: patio (Vigs)
Date:Tuesday, September 12, 2023 3:36:51 PM
Sent from Darren's phone
Begin forwarded message:
From: roberto vigilucci <robertovigilucci@me.com>Date: September 12, 2023 at 3:15:48 PM PDTTo: Darren Machulsky <dmachulsky@yahoo.com>Subject: Fwd: patio (Vigs)
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Brenda Swarthout <swarthoutbrenda@gmail.com>Date: September 12, 2023 at 5:10:58 PM CDTTo: robertovigilucci@me.comSubject: RE: patio (Vigs)
I, Brenda Swarthout am in full support of the City of Carlsbadapproving the permanent patio structure adjacent to the South ofVigilucci's restaurant on Carlsbad Boulevard.
I believe the project will only serve to benefit the neighborhood andcommunity in many ways for years to come.
Sincerely,
brenda Swarthout
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 171 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fwd: Support
Date:Tuesday, September 12, 2023 3:37:12 PM
Sent from Darren's phone
Begin forwarded message:
From: roberto vigilucci <robertovigilucci@me.com>Date: September 12, 2023 at 3:16:22 PM PDTTo: Darren Machulsky <dmachulsky@yahoo.com>Subject: Fwd: Support
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: Shellie <rochellerob61@gmail.com>Date: September 12, 2023 at 5:10:21 PM CDTTo: robertovigilucci@me.comSubject: Support
My name is Rochelle Robinson and I’ve lived and paid taxes in Carlsbad for 23
year. I am in full support of the city of Carlsbad approving the permanent patio
structure adjacent to the south of the Vigiluccis restaurant on Carlsbad blvd.
I believe the project will only serve to benefit the neighborhood and community in
many ways for year.
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 172 of 179
From:Darren Machulsky
To:Lauren Yzaguirre
Subject:Fwd: Vigillucis steakhouse patio
Date:Tuesday, September 12, 2023 3:34:40 PM
Sent from Darren's phone
Begin forwarded message:
From: roberto vigilucci <robertovigilucci@me.com>Date: September 12, 2023 at 3:29:14 PM PDTTo: Darren Machulsky <dmachulsky@yahoo.com>Subject: Fwd: Vigillucis steakhouse patio
CIAO ROBY VIGILUCCI VIGILUCCIS .COM
Begin forwarded message:
From: John Forester <johnforester7@gmail.com>Date: September 12, 2023 at 5:25:18 PM CDTTo: roberto vigilucci <robertovigilucci@me.com>Subject: Vigillucis steakhouse patio
Dear city of Carlsbad and staff,
I’m a 50 + year resident of Carlsbad. Vigillucis steakhouse on tamarack and Carlsbad boulevard is abeautiful property and a landmark.
Locals and vacationers from around the world love the food, serviceand ambiance/view.
If they are required to remove the southern patio hundreds of dinersmonthly will be forced to drive to another restaurant in Carlsbad orpossibly out of Carlsbad for their dining experience. Additionally, if the patio goes away jobs will be lost.
I urge the city and staff of our beautiful city to allow the patio to stayin tact indefinitely.
Kind Regards,
Sept. 20, 2023 Item #1 Page 173 of 179
John Forester
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Sept. 20, 2023 Item #1 Page 174 of 179
CEQA DETERMINATION OF EXEMPTION
Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance
with Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed
in writing with the required fee within ten {10) calendar days of the City Planner's decision
consistent with Carlsbad Municipal Code Section 21.54.140.
City Planner Decision Date: June 28, 2023
Project Number and Title: CUP 2021-0008/ CDP 2021-0031 (DEV02060) -VIGILUCCl'S SEAFOOD &
STEAKHOUSE
Project Location -Specific: 3878 Carlsbad Boulevard--------�------------------
Project Location -City: _C _ar_ls_b_ad _____ _Project Location -County: �Sa=n-'--D"'-i=e ...... go=-------
Description of Project: The continued use and operation of an existing 4,720-square-foot restaurant and
construction of a 1,401-square-foot permanent outdoor dining patio.
Name of Public Agency Approving Project: City of Carlsbad-�--�----------------
Name of Person or Agency Carrying Out Project: City of Carlsbad-�--��-------------
Name of Applicant: Darren Machulsky------�----------------------
Applicant's Address: 3508 Woodland Way, Carlsbad. CA 92008
Applicant's Telephone Number: �(6�0�9�) �46�2�-�4=23�4�------------------
Name of Applicant/Identity of person undertaking the project (if different from the applicant above):
Exempt Status: (Check One)D Ministerial (Section 21080{b)(1); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 {b)(c));
cgj Categorical Exemption -State type and section number: Categorical Exemptions: Section 15332 (Infill
Development Projects) D Statutory Exemptions -State code number: __________________ _ D Common Sense Exemption (Section 15061{b)(3))
Reasons why project is exempt: Categorical Exemption: Section 15332 of CEQA exemptions (Class 32)
exempts infill development projects which are consistent with the general plan, applicable zoning
designation and regulations. within city limits on sites less than 5-acres in size, on properties with no value
for habitat, and which would not result in significant effects related to traffic, noise, air quality or water
quality, and can be served by all required utilities and public services. 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, or 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.
Lead Agency Co�t Person: Lauren YzaguirreG�.----Telephone: 442-339-2634
ERIC LARDY, City Planner
Revised 07 /21
Exhibit 7
Sept. 20, 2023 Item #1 Page 175 of 179
Exhibit 8
Sept. 20, 2023 Item #1 Page 176 of 179
Sept. 20, 2023 Item #1 Page 177 of 179
Pacific Coast Valet, Inc.
P.O Box 15
Cardiff, California 92007
(760) 943-8773
July 14, 2023
Carlsbad Community Development Department
Lauren Yzaguirre, Associate Planner
1635 Faraday Ave
Carlsbad, CA 92008
Re: Vigilucci’s Seafood and Steakhouse: CUP
Pacific Coast Valet, Inc has been managing the parking and valet service for
Vigilucci’s Seafood and Steakhouse since its opening in 2002. During that time there
have been no accidents/ incidents involving patrons or public safety.
After evaluating the parking climate at the Steakhouse in greater detail, I can
report the following as an example for a busy weekend at the restaurant: Friday and
Saturday the average count is 110-120 valet parked cars, with uber accounting for an
average of 30-35 customers. The restaurant management team also reported that walk-ins
are calculated for 35-40 guests each evening during weekends and holidays. Sunday –
Thursday the counts are substantially less.
We currently have an offsite parking plan in place should it become necessary.
The offsite parking operation consists of a shuttle that runs between the restaurant and
New Song Church, which is located at 3780 Pio Pico in Carlsbad. The distance to the
overflow lot is one mile and the average travel time is between 3-5 minutes each way.
The shuttle will be provided for transporting valet staff only to and from the offsite
parking lot. Upon arrival, patrons will be reminded to provide their server with their
parking ticket a few minutes before leaving to speed up the retrieval process.
We have been highly successful utilizing this system over the past 30 years at the
following locations, just to name a few:
Ruth’s Chris San Diego – 25 years
Cardiff Restaurant Row – 30 years
(i.e., Chart House, Beach House, Charlie’s/ PCG
La Costa Resort – 20 years (major golf and tennis tournaments)
Since the modified parking lot was put into place at Vigilucci’s Seafood and
Steakhouse in 2020, we have had zero issues with the valet parking operation. If you
have any questions, please do not hesitate to call.
Sincerely,
David Hapgood
President
Pacific Coast Valet, Inc.
760-943-8773
Exhibit 9
Sept. 20, 2023 Item #1 Page 178 of 179
LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 10
This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff
reports.
Acronym Description Acronym Description
APA American Planning Association LCPA Local Coastal Program Amendment
APN Assessor Parcel Number LOS Level of Service
AQMD Air Quality Management District MND Mitigated Negative Declaration
BMP Best Management Practice NCTD North County Transit District
CALTRANS California Department of Transportation ND Negative Declaration
CC City Council PC Planning Commission
CCR Conditions, Covenants and Restrictions PDP Planned Development Permit
CEQA California Environmental Quality Act PEIR Program Environmental Impact Report
CFD Community Facilities District PUD Planned Unit Development
CIP Capital Improvement Program ROW Right of Way
COA Conditions of Approval RWQCB Regional Water Quality Control Board
CofO Certificate of Occupancy SANDAG San Diego Association of Governments
CT Tentative Parcel Map SDP Site Development Permit
CUP Conditional Use Permit SP Specific Plan
DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program
DISTRICT City Council Member District Number TM Tentative Map
EIR Environmental Impact Report ZC Zone Change
EIS Environmental Impact Statement (federal)
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
GP General Plan
GPA General Plan Amendment
GIS Geographic Information Systems
HCA Housing Crisis Act 2019
IS Initial Study
Sept. 20, 2023 Item #1 Page 179 of 179
Lauren Yzaguirre, Associate Planner
Community Development
September 20, 2023
Vigilucci’s Seafood & Steakhouse
CUP 2021-000008 / CDP 2021-0031
1
Required Permits
Vigilucci’s Seafood & Steakhouse
22
Conditional Use Permit and Coastal
Development Permit for:
Continued use and operation of existing
restaurant with on-site valet
Outdoor dining patio
Off-site valet parking
Project Location
3878 Carlsbad Blvd.
C-T Zoning
2.95 acres
Existing uses:
•Restaurant (retain)
•Attached outdoor dining patio
(retain)
•Detached temporary outdoor
dinning patio (demolish and
rebuild)
3
Restaurant
Attached Outdoor
Dining Patio
Outdoor Dining
Patio (demolish
temporary and
rebuild new)
Carlsbad Blvd.
Carlsbad Blvd.Tamarack Ave.
Tamarack Ave.
On-site Valet
•24 spaces
•Drop off/Pick up area
•Stop sign
•Vehicle turnaround
7
Off-site Valet
•New Song Church
•3780 Pio Pico
•64 Existing parking spaces
8
Off-site Valet
•64 spaces during non-church
hours and events
•No parking Easter Sunday and
Christmas Eve
9
Total: 18 Spaces
North and West Elevations
New Song Church
Recommended Action
Vigilucci’s Seafood & Steakhouse
11
Adopt the resolution approving the Conditional Use
Permit and Coastal Development Permit.
Condition of Approval for Consideration
12
Vigilucci’s Seafood & Steakhouse
Valet parking operations is limited to the existing parking lots
at 3878 Carlsbad Boulevard and 3780 Pio Pico Drive. At no
time shall valet parking operations occur within the public
right-of-way.
Condition 14 Excerpted
13
Vigilucci’s Seafood & Steakhouse
If the City Planner determines that: … 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.
14
(E) Temporary Patio (P) Patio
15
Parking Spaces Required and Provided
Use Parking Required Self-Parking Spaces
Provided
Valet Spaces Provided
Existing Condition 57 spaces 21 spaces 28 on-site valet spaces
Existing Restaurant
Proposed Condition
Proposed Outdoor Dining
Patio
57 spaces
18 spaces
Total: 75 spaces
14 spaces 24 on-site valet spaces
18 off-site valet at all
times; 64 off-site valet
outside of church hours,
holidays and events
Total:
42 valet (on and off- site)
spaces available at all
times.
88 on and off-site valet
spaces outside of church
hours, holidays.
17
Vigilucci’s Seafood & Steakhouse
Hours of Operation
Use Mon Tues Wed Thurs Fri Sat Sun
Restaurant 11:30am
-10pm
11:30am
-10pm
11:30am
-10pm
11:30am
-10pm
11:30am
-10pm
11:30am
-10pm
11:30am
-10pm
Church 8am-
9:30am
7am-
3pm
8am-
9:30am
Closed 8am-
9:30am
7am-
10am
6am-
3pm
Time of
Overlap
None 3.5
hours
None None None None 3.5
hours
2022 Parking Survey
18
Vigilucci’s Seafood & Steakhouse
DESTINATION BASED ON-STREET PARKING OCCUPANCY – VIGILUCCI’s
DAY MORNING
(6AM - 9AM)
MIDDAY
(10AM - 1PM)
EVENING
(6PM - 9PM)
WEEKDAY 50% or less 70.1% to 85%70.1% to 85%
WEEKEND 50.1% to 70%Greater than 85%40.1% to 85%
19
Vigilucci’s Seafood & Steakhouse
Parking Type Current
Condition
Proposed
Condition
Change
On-site self
parking spaces
21 14 -7
On-site valet 28 24 -4
Off-site valet 0 18 +18 *
*Up to 64 spaces during non-church hours and holidays
Travel Time From Restaurant to Off-site Valet
20
Vigilucci’s Seafood & Steakhouse
11:30
am
12:30
pm
1:30
pm
2:30
pm
3:30
pm
4:30
pm
5:30
pm
6:30
pm
7:30
pm
8:30
pm
9:30
pm
10:00
pm
Fri 3-6 4 3-6 4 3-6 4 4 4 4 4 3 3
Sat 4 3-6 3-6 4 4 4 4 4 4 3 3 4
Sun 4 3-6 3-6 3-6 4 4 4 4 4 4 3 3
Lauren Yzaguirre, Associate Planner
Community Development
September 20, 2023
Vigilucci’s Seafood & Steakhouse
CUP 2021-000008 / CDP 2021-0031
1