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HomeMy WebLinkAbout2017-03-15; Planning Commission; ; CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: December 14, 2016 P.C. AGENDA OF: March 15, 2017 Project Planner: Teri Delcamp Project Engineer: David Rick SUBJECT: CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL – Request for a Coastal Development Permit for an interior remodel to relocate the restaurant’s kitchen to the rear of the building, relocate an existing dining area to the front of the restaurant with no increase in square footage or in overall seating, and an associated exterior remodel. The site is located at 3878 Carlsbad Boulevard in the Commercial Tourist (C-T) zone, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15301(a) (Existing Facilities) Class 1 Categorical Exemption. This project is located within the appealable area of the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7230 APPROVING Coastal Development Permit CDP 16-30 based on the findings and subject to the conditions contained therein II. PROJECT DESCRIPTION AND BACKGROUND The project involves an interior and exterior remodel of the existing Vigilucci’s Seafood and Steakhouse restaurant, with no increase in square footage, no increase in restaurant seating and no intensification of use. The older building and kitchen are in need of interior renovation, and the owner is choosing to relocate the kitchen within the building and remodel the exterior as a business decision and for improved functionality of the restaurant. The restaurant has an approved and active conditional use permit (CUP 02-19(B)X1. Because the project does not propose any modifications to the operation of the restaurant use that would modify the CUP, this project only requires a Coastal Development Permit (CDP). Vigilucci's Seafood and Steakhouse opened in 2002 in a building that had served as the location for different restaurants since at least the 1970s. Although a CUP was not required by the property's zoning at that time, the applicant submitted the CUP application based on an agreement with the city. The agreement arose from prior experiences and issues with the previous restaurant (the Sandbar) in the 1990s at the site and the restaurant’s close proximity to residences, and recognized the need for regulation by CUP of a restaurant use at 3878 Carlsbad Boulevard. CUP 02-19 was originally approved in March 2004 by the City Council. The Planning Commission subsequently reviewed and approved the CUP twice at public hearings to determine permit compliance and neighborhood compatibility. These reviews occurred in October 2004 CUP 02-19(A) and October 2005 (CUP 02-19(B)). Then in 2011, the Planning Commission considered and approved a time extension request for ten years (CUP 02-19(B)x1) which will expire in January 2020. The CUP was approved with a limitation on the number of indoor and outdoor seats not to exceed 125, and a valet parking program given the limited number of parking spaces on the existing restaurant site. The CUP has received time extensions based on the successful operation of the restaurant and compliance with conditions of approval. Annual reviews conducted by staff have continued to show that the restaurant is operating in compliance with the CUP. Given there are no proposed modifications to the use or its intensity, discussions regarding the CUP are not relevant to the current request. 1 CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL March 15, 2017 Page 2 The proposed project involves an interior remodel and improvements to upgrade the restaurant’s kitchen, and place it in a new location toward the rear of the building. The existing kitchen is located in the northwest corner of the building, just north of the restaurant’s dining room. An additional dining area used mostly for private events is currently located behind the existing kitchen. Relocating the kitchen to the rear of the building and moving the private dining area to the front of the building (essentially swapping these areas) will allow all of the dining seats to be located in the front of the restaurant and locate all of the back-of-house facilities in the rear of the building. These interior changes will have an effect on the exterior of the building. A new, slightly higher roof element is proposed over the relocated kitchen and the flat roof at the rear of the building will have a parapet added on the north and south sides. The old rooftop venting equipment, and its enclosure currently visible near the front of the building, will be removed. New equipment with a more attractive and architecturally compatible enclosure will be installed on the new roof above the relocated kitchen. The relocation of the private dining area to the front of the building provides an opportunity to open up the northwest front façade of the restaurant to views. By removing the existing high sill windows and replacing them with bi-fold glazed doors to match the existing glazed doors on the rest of the restaurant, the relocated dining area will also open onto the existing outdoor dining patio. The new wall areas supporting the slightly higher roof over the kitchen and the new parapet at the rear building roof area will be stuccoed to match the rest of the building. The entire building will be re-roofed with Decra Villa tile roofs. The exterior color palette of the building will remain essentially the same as the existing. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 Location General Plan Designation Zoning Current Land Use Site Visitor Commercial (VC) Commercial Tourist (C-T) Restaurant North R-23 Residential Residential Density- Multiple (RD-M) Single Family Residence South R-23 Residential RD-M Condominiums East R-23 Residential RD-M Apartments West Open Space (OS) OS Beach III. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Visitor Commercial (VC) General Plan Land Use designation; B. Commercial Tourist (C-T) Zone (CMC Chapter 21.29); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC 21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203); and D. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL March 15, 2017 Page 3 A. Visitor Commercial (VC) General Plan Land Use The subject property has a General Plan Land Use designation of Visitor Commercial (VC). The VC General Plan Land Use designation category addresses commercial uses that serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents. The proposed project is consistent with the goals for the VC Land Use designation, as outlined within the General Plan, because it provides for a remodel of an existing restaurant use which is a visitor-oriented use. The site has been zoned for commercial uses since at least 1956. The restaurant use in general has existed on the site for over 40 years. This restaurant has been in operation on the site since 2004. The advent of the CUP approved for the restaurant allowed the city to apply operational conditions of approval that had not been possible previously. The conditions are intended to ensure that the restaurant can operate successfully, but in a way that complements but does not conflict with the adjoining residential uses. The restaurant has continued to operate in compliance with the conditions of approval. The proposed project does not affect the CUP or its conditions, which will remain in full force and effect. The relocation of the kitchen rooftop venting equipment within a new enclosure provides the opportunity for newer state of the art equipment and design of the enclosure to help reduce any noise and visual impacts that may currently be occurring on the adjacent residential properties. The restaurant is located on Carlsbad Boulevard which is the major coastal transportation corridor, and is directly across the street from the tourist and visitor draw of the ocean. The project reinforces the pedestrian and multi-modal orientation desired for Carlsbad Boulevard since existing and new residents, tourists and employees have the opportunity to walk to the restaurant. The proposed interior and exterior remodel for the relocation of the kitchen that allows all dining areas to be at the front of the restaurant will help ensure the continued success and viability of the existing visitor-oriented restaurant. Furthermore, the project will provide a strong street presence by updating the appearance of the existing building as viewed along Carlsbad Boulevard. B. Commercial Tourist (C-T) Zone (CMC Chapter 21.29) The project site is located in the Commercial Tourist (C-T) Zone which is intended for visitor-oriented commercial uses and attractions that serve the travel and recreational needs of visitors and residents, as well as employees of businesses and industrial centers, etc. The development standards of the C-T Zone help ensure that these visitor-oriented uses are economically viable and also compatible with surrounding properties. As noted previously, the restaurant has been in operation under a CUP since 2004. The building has not substantially changed in any way, other than interior remodels and exterior façade upgrades, since 1975. The existing building and site is, and has been, legally non-conforming as to setbacks and parking. The approved CUP acknowledged the non-conformities of the long-standing use, and included conditions to ensure that no expansion of use would occur (unless requested and approved by a modification of the CUP). The proposed project does not propose any expansion or intensification of use or the addition of square footage that would trigger the requirement for a CUP amendment and compliance with all applicable zoning standards. However, Table 2 below sets forth the project’s compliance with the CUP- approved standards for seating and parking, and the C-T Zone height limit which does apply to the project since a new roof element is proposed over the relocated kitchen. CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL March 15, 2017 Page 4 TABLE 2 – CUP 02-19(B)X1 AND C-T ZONE STANDARDS COMPLIANCE STANDARD REQUIRED/ALLOWED PROPOSED COMPLY? Maximum number of seats in restaurant, bar and outdoor dining patio per CUP 02-19(B)X1 125 125 (no change proposed) Yes Parking spaces and use of parking lot per CUP 02-19(B)X1 21 parking spaces and use of valet parking to provide 28 spaces at peak times. 21 parking spaces and use of valet parking to provide 28 spaces at peak times (no change proposed, although the accessible parking space configuration/striping will change from the previous tandem design to side-by-side spaces). Yes Max Building Height 35’ 19.25’ Yes C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC 21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203) The proposed interior and exterior remodel of the existing restaurant is consistent with the Mello II Segment of the Local Coastal Program. Views of the coastline, as seen from public lands or the public right-of-way, will not be obstructed by the proposed project since no new construction is proposed that would affect views from public places. The project would not damage the visual beauty of the coastal zone, but rather enhance it to the extent that the exterior appearance of the building will be further upgraded. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability or flood hazard. Although the site is located near the coast, no public opportunities for coastal shoreline access are available from the site since it is located east of Carlsbad Boulevard. Furthermore, the site is also not suited for water-oriented recreation activities. D. Growth Management Ordinance, Local Facilities Management Plan Zone 1 The project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The Zone 1 Local Facilities Management Plan identifies the property as commercial with the developed square footage, and accommodates the potential for additional commercial square footage even thought that is unlikely to occur. The interior and exterior remodel of the existing restaurant without increasing square footage or seating will not intensify the use and will not result in increased public facilities demands. Therefore, the proposal will not exceed performance standards for public facilities or growth projections analyzed in the Zone 1 Local Facilities Management Plan and the project is consistent with the Growth Management Ordinance. No new facilities analysis is required and no amendment to the facilities plan is necessary. CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL March 15, 2017 Page 5 IV. ENVIRONMENTAL REVIEW The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(a), Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 7230 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits “A” – “J” dated February 15, 2017 PACIFIC OCEAN C A R L S B A D B L G A R F I E L D S TTAMARACK AVREDWOOD AVSEQUOIA AVHEMLOCK AVCDP 16-30 VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL SITE MAP SITE EL CAMINO R E A LLA COSTA AV A L G A R D C A R L S B A D B L / ~--------------------~\ {cicyof Carlsbad· DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission · or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club., fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons· having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the · shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Perso~J,e,y). Ar~L/~vlsj7 Corp/Part. _________ _ Title ,At2J//f=~ Title. __________ _ Address,~~ lA.a::Xf.)~ ~ Address rz~~ --------------- 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person .£ok:& VJt; /vaJ Corp/Part. __________ _ Title Qvv<lll vr I Title ____________ _ Address 'f520 ~S ltzcoJ} Address. ____________ _ Page 1 of2 Revised 07/10