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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 PACIFIC OCEAN C A R L S B A D B L TAMA R A C K A V REDW O O D A V SEQU O I A A V G A R F I E L D S T E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L CUP 2021-0008 / CDP 2021-0031 VIGILUCCI'S SEAFOOD & STEAKHOUSE SITE MAP J SITE!"^ Map generated on: 6/28/2023 Exhibit 2 Sept. 20, 2023 Item #1 Page 20 of 179 A D A M S S T P I O P I C O D R H A R D I N G S T MAGN O L I A A V TAMA R A C K A V J E F F E R S O N S T I - 5 T A M A R A C K S B O F F R A M P S Y D N E Y W Y I- 5 T A M A R A C K N B O N R A M P PALM A V A D A I R W Y Y V E T T E W Y ANCH O R W Y CAME L L I A P L G R E C O U R T W Y CARO L PL AVOC A D O L N PALM A V MA G N OLIA A V E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L CUP 2021-0008 / CDP 2021-0031 VIGILUCCI'S SEAFOOD & STEAKHOUSE SITE MAP J SITE!"^ Map generated on: 8/31/2023 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. Sept. 20, 2023 Item #1 Page 24 of 179 GP A 01-04/LCP A 01-07 /~ 02-19/CDP 02-34 -VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pa e2 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. Sept. 20, 2023 Item #1 Page 25 of 179 GPA 01-04/LCPA 01-07/. 02-19/CDP 02-34-VIGILUCCI'S tAFOOD & STEAKHOUSE January 21, 2004 Pa e3 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 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S 'AFOOD & STEAKHOUSE January 21, 2004 Pa e4 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 Sept. 20, 2023 Item #1 Page 27 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S 'AFOOD & STEAKHOUSE January 21, 2004 Pa e5 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. Sept. 20, 2023 Item #1 Page 28 of 179 GPA 01-04/LCPA 01-07/lr 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pae 6 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 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pa e7 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 Sept. 20, 2023 Item #1 Page 30 of 179 GPA 01-04/LCPA 01-07/. 02-19/CDP 02-34-VIGILUCCI'S tAFOOD & STEAKHOUSE January 21, 2004 Pae 8 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 GPA 01-04/LCPA 01-07/! 02-19/CDP 02-34-VIGILUCCI'S tAFOOD & STEAKHOUSE January 21, 2004 Pae 9 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 Sept. 20, 2023 Item #1 Page 32 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pae 10 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). Sept. 20, 2023 Item #1 Page 33 of 179 •-• GPA 01-04/LCPA 01-07/c!TI> 02-19/CDP 02-34-VIGILUCCI'S SEAFOOD & STEAKHOUSE January 21, 2004 Pa e 11 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 Sept. 20, 2023 Item #1 Page 34 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S 'AFOOD & STEAKHOUSE January 21, 2004 Pa e 12 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. Sept. 20, 2023 Item #1 Page 35 of 179 GPA 01-04/LCPA 01-07/! 02-19/CDP 02-34-VIGILUCCI'S ,AFOOD & STEAKHOUSE January 21, 2004 Pae 13 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 Sept. 20, 2023 Item #1 Page 36 of 179 GPA 01-04/LCPA 01-07/! 02-19/CDP 02-34-VIGILUCCI'S ,AFOOD & STEAKHOUSE January 21, 2004 Pa e 14 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 Sept. 20, 2023 Item #1 Page 37 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S ,AFOOD & STEAKHOUSE January 21, 2004 Pa e 15 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 Sept. 20, 2023 Item #1 Page 38 of 179 GPA 01-04/LCPA 01-07/£ 02-19/CDP 02-34-VIGILUCCI'S !FOOD & STEAKHOUSE January 21, 2004 Pae 16 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 Sept. 20, 2023 Item #1 Page 39 of 179 GPA 01-04/LCPA 01-07/1:r 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pa e 17 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 in Resolution 2001-72). Sept. 20, 2023 Item #1 Page 40 of 179 GPA 01-04/LCPA 01-07/li, 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pa e 18 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; Sept. 20, 2023 Item #1 Page 41 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pa e 19 (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. Sept. 20, 2023 Item #1 Page 42 of 179 GPA 01-04/LCPA 01-07/IP 02-19/CDP 02-34-VIGILUCCI'S IAFOOD & STEAKHOUSE January 21, 2004 Pa e20 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. Sept. 20, 2023 Item #1 Page 43 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S 'AFOOD & STEAKHOUSE January 21, 2004 Pa e21 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 Sept. 20, 2023 Item #1 Page 44 of 179 GPA 01-04/LCPA 01-07/~ 02-19/CDP 02-34-VIGILUCCI'S 'AFOOD & STEAKHOUSE January 21, 2004 Pa e22 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- 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 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- 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 EJ/JST. 11/XJSf EX. DIRT L 6 PALISADES, BLOC!< G MAP NO. 1747 MASONftY WALL. ,, p$,rj. [ 1!)(18TlNG•i&-O"HIGH EX DIRT £_'/,, i\J-.1 ""'~"""~~~~~~EX~~~IC~K~R~ET~Al~W~NG~~~lL"$!!;J!N~J4~~~JiW~~q1~J~~~r;:::--------------□□□□□□□□□□□□□□□CJOOqD□□ EXIST. 15' HIGH BUSHES ~9 Ir r l_\j ___ ~ (.'.) CllY Of CARLS8AO ST#IO,l.ROS '\.._...,E)'IST PAVEMENT·'\.. '• I J. •-•--------... --+--------------------~ I i CARLSBAD BLVD. ---·-·---___ l_ --------·---·---------------------------- T I 10 STALL& AT 0'-0' TIPICAl. ~ to'-0' I, 't ,, . A •• . 4 E.>15T GAS, ll'J'./ O[P 1fi4-5 EXIST RR 'f!f'S .--, QI ___ , ______________ • _ Et/ST 5111?. MA/fl PER 164-5 _ .-- rnsr WTR MAW P[R 164-5 I I i I \ I I -----t!\,NOT<-NO OUILOIN<" WITHIN 1001 I Ii . .. I I I I I I : I t I I 1 I I C.L n.IS1 JC' OW) l I --;------7 ! I I --~---_Ju_~J ' I I L. I let w I ·~ ::) i:: ~ I :cl ~ I "· c I ~ I ~ "11 i !I ~1 ~I ~I I t I ➔ I I -.... __ i---_, ____ _ I I PROJECT DATA FOR CONDITIONAL USE PERMIT """" ft088'1' VIGILUCCI :l&6 9UNSCT ORIVC CNC1NrTAS,CAl:l.OM PRo.iect' AOOll!:&!I 1 3178CAAL.8~ 8LVO, CARL88"°i CA 11008 "'"' 104-16)-10 L.eOAL O?&CIUPTION PARCCL \ PAACCL MAP NO, 371) IHTC>.CrteAGl!:1 APPIIOX. 0~1 ACRI!:& !!Xl!ITING %0NIHG C--2, 8t!Hl:ltAL. COIAl?RCIA!.. &JILOINGARCA1 M~N WJL01NG 4,401 81" COVl!II~ P-'TIO AA~ 318 81" OUT&JPC COOi.CR HSI" TOTAL <fi81881" SIT?: O?eN 8PACe ... erre Ill.DO COV?IV,.G!!, )8)1 &CWCRD19TIUCT, CITYOl'CAR1.&8AO wAnR Ol&TftlCT • CAALS&At> MUNICIPAL WATU DISnICT SCHOOL OISTitlCTr CAl\l..58AO UN!l"l!!D &CHOOL OI&TfUCT 81.00 OCCUPANCY GllOOP A, ON!SION 3 IRC9TAU""1m &LOO CON&TII.UCTIOI¼: TYPC 'l·N INOIHViT~) R!!QUIRCD PARKlNO 40 STAU.8 • V80 0\/fR ,1-,000 SP' ~ && &TAl.LB !!XlSTI»G PAl\l::ING; 11 8TALUI !!XISTINGAl>T! 481 AOT SHEET INDEX r-1 mi.e &He~ ANO exismo sm: Pl.AN Al t:XIBTING l"LOOR Pi.AH ANO elCISTING ROOI" PL.AN A1 CXISTIN8 8UILOING CL!!VATIONS elO&TINO 8UII.OINO eu:vATION& C·I ~&TINSStT?/DWNAG!!PlAN C·1 e>l:ISTING VALeT PAlll::lNG Pi.AN \..-1 el<ISTINGPUHT!NGPLAN PROJECT DIRECTORY ~ PAATNC!t& Pl.ANNING &. CNGINee!UNG HU Hl8!!1n' 9T1 ST!!. 112 &AN OJCGO, CA 01~1 I .f.NP$G.f.Pl' ,UltHJJ?Cl • ~ MSOC:IAiTCS .f\61 ADAMS Ave. SAN OICGO, CA 9211G VICINITY MAP ' l"h.~,.------1 ---·------------· -----(,')-----·'------1----- 1 I ~-•~ ~ --li__L_ " ·-"'" ~-"" Vll)IU,lCCl'll --.... ~ ------NORTH ~ ~ --~ ._ __________________________________________________ EX_1s_n_N_a_s_rr_E_P_LAN ____ ~_-..,,~~:Cl:.J':"'~•-~,...=--··_L ___________ ~•T~-•~·......c'~"~"™c.Ji T-1 Sept. 20, 2023 Item #1 Page 61 of 179 ,,.... EXISTING FLOOR PLAN ""' SICYL.IGHT, TTP ~-7· ,, I I .. , I ' I L I ,I..'.-~, ,, I ,I -~ ~'1'-tPROOI"( I ., I I• ,:l' EXISTING ROOF PLAN GENERAL NOTES t. IU.lUMUM OCCUPANGr1 ~I TOTAL 6CATING 1. O&C OCctlS'>.NCT CLA.S6TI"lCAT10N: ~ ~ O&C COKSTftUCTION TYPC: VN INON-RARDJ 4, ~LDlml l'"LOOR A!U:A ti STORY] • Af'PIIOX. 4141& SQ. l"T, R~.N.~ N0'1'H EXISTING FLOOR PLAN / EXISTING ROOF PLAN ~~ el 1b1 Iii 5<..., "9NOTCO a) i:,..-. CX,JC ;1-~ ,lob VlOU.ucer& :, _, !l A1 ill l_ ___________________________________________________________________________________________ __.a;._ __ __. Sept. 20, 2023 Item #1 Page 62 of 179 PROPfll.TY UNI: :--1 -~·~~♦':.:.AR/>PCT ___ 1 ____ ~==========a,o=,=s, "-'•! ~~i'~---:t'et:•12i.a• I .• h J0_L0!. ~vc__ _ I ~ ATOJ>0!.~---~+16'-61 ,.IN.l"L WEST ELEVATION Vigifucci'" Soo!ood l S1u~I\Qu10 KEY NOTES (I} l!X!ftTINO &>.er.LIT SIGN ~2.• l! S.41 Pl:R SlGN PCRMtT NO PS 02~7e / \\. ! i \ Ci) CXISTING INTtGIW. COLOR l!XTtRIOR Cl!MCNT P\..ASTell; l"INISH !STUCCO) ll) PROPOSl:0 1,11:TAL l"AAMCO l"ADRIC COVfRCO AWNING, l"AeRlC COMPUCS Wmi CAUi', STATe l"l!U: MAIISHALL TeST taO\ nn.e I&, RfG, ♦1"~6!.01 NOTC. PII.OPoseo AWNll<IG Rl!PLACl!S PltCCXISTING AWNING R~oveo FOR ~UtLD!NG IMPROVCMCITTS, G) l:XISTING SUOIHG WINOOWS WITH WOOD TIUM (D CXISTINO WALL SCONCC LIGHT l"IXTURC @ 1:ltlSTING Het<CUUTe GLASS l!tn'RAHCC DOORS WITH l"lXCO GI.ASS 6101:LlTl!S (i) CXISTING ACCOIIOION ~ l"JtCNCH D00/UI WITH WOOO TIUM. @ l!XISTJNa l"IXeO GLASS WINDOW @ CXISTIHG G"5 Sl!l't.VICI! 6. lill!TeR @ CXlSTlNO ASPHALT SHINGL.e: ROOI" (ID l!XISTING PA.INTl!O WOOD eQUIPMCNT CNCLOSURC {fil CXl&TlNG COHCeALCD ROOI" MOUNTeD Ml!CAANICAL CQUJPM?NT (ID CXISTINO PAINT?O WOOD SIDING/ Tltlt.l @ CXTSTING PALM nec @ 1:XISTIHG\.ITlL.lT'fPOLI: (ii} CXlSTING Vl:ITT' TO QIILLl:D ~eveMGC COOLl:ft CQUl~T """'"''' @ CXISTIHG MeTAL WLING @ C)(\STING CONCRCT?! ACCC66l~LC RAMP AND LANDING (!) CXlSTING VAU!T 11:C'I' LOCI!: ~OX @I 1:XISTtNG e!II.LAflOS ffi} 1:XIST"IOO CLl:CTIUCAL &IJ~PANl:L @CXl6TINGI.IAll..~X @ CXISTINGAIR CONOITlONING IJNIT ~ CX19TING el.CCTRICAL CLOSCT @ CXlSTING PROPANC STO/lA.GC SH?LVl:S AMO CAGC @ SHADING INDICATI!& PORTION 01" CXISTING SlltUCT\mC ADJACl:NT TO CX16TING RCTAlNING WALL PROPCRTI' LINC ~~b~~~d,{4=~=\,.~=,=,i!. --1----TOP o;L~;;:+ __ ~ ___ ~O!_RIDGC~_ I CL♦~ ---~*::::.~ I ~ '-.-.. -,.-,,..-,......, lu So<NC AS NOTCD o,°'°""' 0\,..0:: :;I,,,_ t .lob. VIQtulCCJ'& EAST ELEVATION "' •.. ._ _______________________________________________________ EX_IS_TI_N_G_E_LEV_~_n_o_N_s ____ ~_.,_:_"_~_' .. _,.,._-Ji A2 Sept. 20, 2023 Item #1 Page 63 of 179 PltOPl!.IITTLIHC-l ~ ~~.~COPIN& __ ~ __________ s,=;=e===a;=a;a=,=;a=!=';==;=;=,;a=,=,a=;=F,!' -H_l'.~;:.·-----~ ---------- r ~--: ll" ' ' ' ' ' , ' .. .. .. 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' .. I:; ~;2 H 11 ------~------i~~a ~ ! i ----1 ~ !i S2 if I CARLSBAD BLVD. 1 ___ _L__ ____________________________________________ Em, S)IR.jlAIYPER/6#-5 ---------------7-~---L- -----------------f----------------------·--------Jf»ST l!mllMl_!!!!_IU-S ,°'l/ I . !i---.. !---1~0, Iii -"''"' 'f:1 A:J'__AKIN_ERS I O') "'""" ex. .u: ~\ , 1 ~~~~~~En~eritig ;i! ~ 'r.::' 9988HlbmStrett.Suftt212 0 5 10 2D JO ~ - --------------------------------------------------~l ____________ l___ f:',~1!!,ff'!.,f;J' 1 ~1"1-~r-i I "-.'""'"'" _____ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::~~:::~~==~~=~=~~===================~=:.::. ___ ~,=~~·"='=·/=6'~5-=3/=/7------~"""""::'~'°"':_ ___ J i 9-g_ 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 \t) I I I ! I I _l N ,i -cc�···�'-cc-\-c/i=c.cci ,_-,_j t_··-�( _l_\/1_-�i ---------------'/ I\ I:::; / [\j T':::_) / / // // ------ui ■ 111111 ■■■■■II■■■■■■ -■ ■ ■ ■■■■■■■■II■■■■■■■■■■■■ 11-. ■• ------u DR,'ll'l'·GE ,P, \ ,:...:;.,. l✓CJTF THE LOT :::�.,'-,l'-.1,'\G� s co __ ECTED i\T \ii\Rl:J-S _Jct-rn\s ::3' ARCA L>�.z.. [··E 1."/ 17 ,�f-'_;RO\i=J_:: f-OSSI_ f- L l:_RS CUJ\/1:_\I\IGJ\DFF T-F C: DF'.1.i)J k TD T-F cu�=i ,!,JJD c;1_JTTFR =i·i =->:ism.::; :: n=-1.11;,.11< 1.r-�r=-nw'\1 \s ,,,Jn =-1 cw VIA GJrF::i TO - [ [/1'.)Tll·JG l\l_=T ::.<;/_ CL 10 n / -_LJ / / � I / --' / / // ■ ■ ■ ■ _J _J -:c:J: "..� ■::..<::: ■ �-) :-) _J Tl ■ ■■ '', i!,'0L ';:,' SE·'-1\i� :1(''J'F-, .... ,\ ' ' - \ J " "- • --;,.. .::.:::.__ ' -----.-- / / �; / / / / / / / // / / / / // /// / / / / / _/_ / ' -:;1h,�-�±-===� -- - � , Q2;_7-'· ·1-) ----'-----/ _cJ w / / 0::: w c-''' 1// ��� I I I I CJ I L:_ [::' 1/ / /,,/ -8 ---;'---/ ];]] / _,,, I // / , __ I I II // CJ ...:::_r---�, ---:::-(-) �� c.:: LJ 1t FF="I03.60 PEST/, IR.JH 'I / \/,I / " i // // LCT LJ_ / 5 BLOCK RI (_/) 0 0::: 1 / .AFAl'IHI 1\11 IHI C g•-o· ElNl�'v'd ON 1 // /,,,, ,> / 4'-6"' '·� // / D.DIRT / // fA;-HH-I -CRH,� I'.: II II If'. _cJ JI _cJ I Q_ 1_1/ISc Bl,Sc I P]J OF �FFIRI(,_ RECORDS I I -' 'IC:4.b/ I' - (iL .4.' �;, f CL -c ·1 r',i --, ,_, i .. _! l.._ I ·,-------++-----'--M>0 - I C_'_: I ,,, LJ .I F ,.---------,--------4--,,,1 n,5 s Id /; _J '.l_ ..:.:._ 421-6· I 'I ' ' P O I cj 'I 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 I I w _j /.-w � CJ <C 0:: ·<r:-:5 <'.( I- 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\_ I �I ' I r·.i I I I v, I', II I I I I I I I I I I I I I L 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 1\ 1 2-19 2\ 2 7-15 City letter 1 City letter 2 ---< (:\1 8 ,:-,. 1 I ,- 1 g SITE PLAN DWGTIIl.E: ll DWG#· 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 Sept. 20, 2023 Item #1 Page 91 of 179 Sept. 20, 2023 Item #1 Page 92 of 179 Sept. 20, 2023 Item #1 Page 93 of 179 Sept. 20, 2023 Item #1 Page 94 of 179 Sept. 20, 2023 Item #1 Page 95 of 179 Sept. 20, 2023 Item #1 Page 96 of 179 Sept. 20, 2023 Item #1 Page 97 of 179 Sept. 20, 2023 Item #1 Page 98 of 179 Sept. 20, 2023 Item #1 Page 99 of 179 Sept. 20, 2023 Item #1 Page 100 of 179 Sept. 20, 2023 Item #1 Page 101 of 179 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 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 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 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 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 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 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 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 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 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 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 Sent from my iPhoneCAUTION: 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 109 of 179 Sept. 20, 2023 Item #1 Page 110 of 179 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. Thank you,Anne LindeCAUTION: 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 111 of 179 Sept. 20, 2023 Item #1 Page 112 of 179 Sept. 20, 2023 Item #1 Page 113 of 179 - Sept. 20, 2023 Item #1 Page 114 of 179 Sept. 20, 2023 Item #1 Page 115 of 179 Sept. 20, 2023 Item #1 Page 116 of 179 Sept. 20, 2023 Item #1 Page 117 of 179 Sept. 20, 2023 Item #1 Page 118 of 179 Sept. 20, 2023 Item #1 Page 119 of 179 Sept. 20, 2023 Item #1 Page 120 of 179 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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. 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 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 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 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 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 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