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[00:00:03]

>> GOOD EVENING AND WELCOME TO THE SEPTEMBER 20TH,

[CALL TO ORDER]

2023 MEETING OF THE CARLSBAD PLANNING COMMISSION.

PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE LED THIS EVENING BY COMMISSIONER STINE.

>>

>> THANK YOU. MS. VAGRANT, WOULD YOU PLEASE CALL THE ROLL?

>> COMMISSIONER, HUBINGER.

>> HERE.

>> COMMISSIONER KAMENJARIN?

>> HERE.

>> COMMISSIONER MEENES?

>> PRESENT.

>> COMMISSIONER LAFFERTY?

>> PRESENT.

>> COMMISSIONER STINE.

>> HERE.

>> COMMISSIONER SABELLICO?

>> HERE.

>> CHARMERS?

>> HERE.

>> [BACKGROUND] ALL COMMISSIONERS ARE IN ATTENDANCE.

THE NEXT ITEM WILL BE THE MINUTES OF THE WHAT WAS THE DATE OF THAT MEETING,

[APPROVAL OF MINUTES]

THE PREVIOUS MEETING. I WAS JUST PULLING THAT UP.

AUGUST 16 WILL BE THE APPROVAL OF THE AUGUST 16, 2023 MEETING.

ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE AUGUST 16, 2023 PLANNING COMMISSION MEETING? I SEE NONE. I'LL ENTERTAIN A MOTION FOR APPROVAL.

>> MOVE FOR APPROVAL.

>> MOVE BY COMMISSIONER KAMENJARIN, SECOND BY COMMISSIONER MEENES, CORRECT.

>> I WILL ABSTAIN BECAUSE I WASN'T AT THAT MEETING.

>> I ALSO WILL BE ABSTAIN AS I WASN'T AT THAT MEETING.

PLEASE VOTE. THE MOTION CARRIES BY A VOTE OF FIVE WITH COMMISSIONER MERZ AND COMMISSIONER STINE ABSTAIN.

>> IT'S WRONG ON THE ELECTRONIC.

I PROBABLY ABSTAIN AND KEYBOARDS. YES.

>> WELL, I THINK WE KNOW. THERE WE GO.

WE KNOW WHAT IT IS, CORRECT.

>> PLEASE RECORD ME AS AN ABSTAINING.

>> RECORD COMMISSIONER MERZ AND COMMISSIONER STINE ABSTAINING AND ALL OTHER MEMBERS WERE THERE AND APPROVE THE MINUTES. WE DON'T NEED TO.

>> ALSO POINT OUT THAT COMMISSIONER SABELLICO DIDN'T ABSTAIN.

>> COMMISSIONER SABELLICO DID NOT ABSTAIN.

HE VOTED YES AND COMMISSIONER STINE IS AN ABSTAIN.

I HOPE NOT. IF EVERYONE DIRECT THEIR ATTENTION TO THE SCREEN, I'LL REVIEW THE PROCEDURES.

THE COMMISSION WILL BE FALLING FOR THE STUDENTS PUBLIC HEARING.

REQUESTS TO SPEAK FORUMS ARE REQUIRED FOR ALL ITEMS AND REQUESTS TO SPEAK FORMS MUST BE TURNED INTO THE MINUTES CLERK PRIOR TO THE ITEM COMMENCING.

ALL SPEAKERS WILL BE GIVEN THREE MINUTES UNLESS THAT TIME IS REDUCED BY THE CHAIRPERSON.

NEXT SLIDE. HERE'S THE PROCEDURES.

ONCE YOU'VE PAID SPECIAL ATTENTION TO THE PROCEDURE AND I WANTED TO GO A LITTLE BIT OF A VERY SCRIPTED PERSON WILL GO OFF SCRIPT FOR JUST A MOMENT AND TAKE A MOMENT AND WELCOME ALL OF YOU MEMBERS OF THE PUBLIC TO THE MEETING TONIGHT.

WE'RE ALWAYS HAPPY TO SEE MEMBERS OF THE PUBLIC INVOLVED IN THESE MEETINGS.

I WAS THINKING OF MYSELF, MANY PROBABLY HAVE NOT BEEN TO ONE OF THESE MEETINGS BEFORE.

BUT THESE PROCEDURES THAT YOU SEE UP ON THE SCREEN ARE MEANT TO HAVE ORDERLY MEETING WHERE BOTH THE APPLICANT AND THE PUBLIC IS ADEQUATELY HEARD.

THAT'S WHY IT MAY SEEM USE A VERY FORMAL THING, BUT THESE PROCEDURES EXIST FOR IMPORTANT REASONS.

THAT MEANS I'VE BEEN PEOPLE JUST READ THROUGH IT.

IT SEEMS FORMAL, BUT THERE'S A VERY IMPORTANT REASONS WHY WE FOLLOW THESE PROCEDURES.

I JUST WANTED TO GET OUT THERE AGAIN.

I WANTED TO WELCOME ALL OF YOU.

I'VE BEEN ON THE PLANNING COMMISSION FOR NUMBER OF YEARS AND ONE THING I'VE ALWAYS BEEN VERY PROUD OF AS A PLANNING COMMISSIONERS, AND SOMETIMES WE HAVE PEOPLE HAPPY AND SOMETIMES VERY UNHAPPY WITH US.

BUT THE ONE THING THAT I'VE SEEN OVER MANY YEARS WORKING, SO PLANNING COMMISSION, WE DO LISTEN TO THE PUBLIC AND WE VERY MUCH APPRECIATE YOU BEING HERE, SO YOU'RE ALL VERY WELCOME.

WITH THAT SAID, LET'S GO TO THE PROCEDURES.

WITH EACH ITEM, THE PUBLIC HEARING IS OPENED, THEN THERE'S THE STAFF PRESENTATION.

THE PLANNING COMMISSION THEN CAN ASK ANY QUESTION TO THE STAFF ON THE PRESENTATION.

THEN WE GIVE THE APPLICANT AND OPPORTUNITY MAKE A PRESENTATION.

AT THAT POINT, WE OPENED THE PUBLIC TESTIMONY.

IF YOU HAVEN'T FILLED OUT SPEAKER SLIP AND YOU'RE PLANNING SPEAKING, PLEASE GET THEM TO MS. AVEGAN.

THEN THE PUBLIC TESTIMONY IS OPEN.

WE TAKE INPUT FROM THE PUBLIC.

THE APPLICANT THEN HAS A NUMBER 7, HAS AN OPPORTUNITY TO RESPOND TO THOSE COMMENTS IF THEY WOULD LIKE.

[00:05:01]

THEN WE CLOSE THE PUBLIC TESTIMONY.

THEN WE HAVE PLANNING COMMISSION DISCUSSION FOLLOWED BY A PLANNING COMMISSION VOTE THEN THE PUBLIC HEARING IS CLOSED. NEXT SLIDE, PLEASE.

CERTAIN PLANNING COMMISSION DECISIONS ARE FINAL, BUT MAYBE APPEALED TO THE CITY COUNCIL.

AN APPEAL MAY BE FILED WITH THE CITY CLERK AT CITY HALL WITHIN 10 CALENDAR DAYS OF THE DECISION.

THE COST OF FILING AN APPEAL IS $900 FOR ALL MATTERS.

IF ANYONE WISHES TO QUESTION A PLANNING COMMISSION DECISION, THEY MAKE CONTACT THE PLANE DIVISION 1635 FARADAY AVENUE, BETWEEN THE HOURS OF 7:30 AND 5:30 MONDAY THROUGH THURSDAY AND 8:00 - 5:00 ON FRIDAY.

A TIME LIMIT OF THREE MINUTES IS ALLOTTED TO EACH SPEAKER.

I'M SUBMITTED FOR VIEWING, INCLUDING PRESENTATION.

DIGITAL MATERIALS WILL BE INCLUDED WITHIN TIME LIMIT MAXIMUM FOR SPEAKERS.

NEXT SLIDE.

SO LET ME READ THIS.

THE PLANNING COMMISSION SETS ASIDE TIME UP TO 15 MINUTES TO ACCEPT COMMENTS FROM THE PUBLIC ON ITEMS NOT LISTED ON THE AGENDA, THOSE WITHIN THE SUBJECT MATTER JURISDICTION OF THE PLANNING COMMISSION.

I'M JUST THINKING HAS ANYONE FILED A REQUEST TO SPEAK ON A NON-AGENDA ITEM?

>> NO, THEY HAVE NOT.

>> THANK YOU. THEN SEEING NONE, WE'LL BEGIN TONIGHT'S HEARING. EXCUSE ME.

BEFORE WE DO THAT, ONE THING I WOULD LIKE TO MAKE A MOTION.

WE HAVE THREE ITEMS ON THE AGENDA TONIGHT.

I WOULD LIKE TO MAKE A MOTION TO MOVE ITEMS 2 AND 3 AHEAD OF ITEM 1.

THE REASON IS FOR THE PUBLIC, THE REASON WE DO THAT IS THAT OBVIOUSLY WE WANT IN TERMS OF MAKING MOST USE OF CITY STAFF AND TIME AND EXPENSES TO THE CITY, WE'D LIKE TO GET ITEMS WE DON'T EXPECT MANY COMMENTS ON OUT OF THE WAY EARLY, SO WE CAN CLEAR THE STAFF MEMBERS OUT.

THEN WE HAVE TIME TO DEVOTE TO THE I BELIEVE I'M NUMBER 1, WHICH WILL HAVE THE MOST ACTIVITY TONIGHT.

ACTUALLY, I WOULD LIKE TO MAKE A MOTION TO MOVE ITEM NUMBER 2 AND 3 AHEAD OF AGENDA ITEM NUMBER 1. ANYONE WANT TO SECOND THAT MOTION?

>> I'LL SECOND THAT MOTION.

>> THAT MOTION PASSES. I'M SORRY WHAT DID WE NOT VOTE ON?

>> WE DID NOT VOTE.

>> I'M SORRY. CAN WE PLEASE VOTE? I JUMPED AHEAD OF MYSELF, SORRY.

PLEASE VOTE ON THAT ITEM.

WHOOPS, SORRY ABOUT THAT. IT'S NOT A DICTATORSHIP HERE.

WOULDN'T BE MEETING IF THE SCREEN DIDN'T WORK.

WHO PRESSED THE BUTTON EARLY? WE JUST DO THIS ROLL-CALL OR JUST VOTE WITH A SHOW OF HANDS, IS THERE [INAUDIBLE].

>> WE WOULD NEED TO DO A ROLL CALL IF WE'RE NOT GOING TO USE THE MACHINE.

IF YOU COULD DO ROLL CALL?

>> OKAY.

>> COMMISSIONER HUBINGER?

>> YES.

>> COMMISSIONER KAMENJARIN?

>> YES.

>> COMMISSIONER MEENES?

>> YES.

>> COMMISSIONER LAFFERTY?

>> YES.

>> COMMISSIONER STINE?

>> YES.

>> COMMISSIONER SABELLICO?

>> YES.

>> COMMISSIONER MERZ?

>> YES. GREAT. WE MEETING WITHOUT THE CHALLENGES WITH THE SCREEN.

I WILL NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM NUMBER 2.

[2. CDP 2022-0056 – TERRAMAR WATER AND SEWER MAIN IMPROVEMENTS]

>> MR. [INAUDIBLE] PLEASE INTRODUCE THE ITEM.

>> AGENDA ITEM NUMBER 2 IS A COST OF DEVELOPMENT PERMIT FOR THE TERRAMAR WATER AND SEWER PROJECT.

GIVING STAFF'S PRESENTATION IS ASSOCIATE PLANNER MORALES.

>> THANK YOU CITY PLANNER, AND GOOD EVENING CHAIR MERZ AND MEMBERS OF THE COMMISSION.

THE PROJECT BEFORE YOU TODAY IS AN APPLICATION FOR A COASTAL DEVELOPMENT PERMIT TO REMOVE AND REPLACE THE EXISTING WATER MAIN PIPELINES LOCATED ALONG CARLSBAD BOULEVARD AND CANON ROAD.

HERE'S THE AGENDA FOR THIS PRESENTATION.

I'LL BE WALKING THROUGH THE PROJECT LOCATION, SCOPE, CONSISTENCY, AND RECOMMENDED ACTION.

THE PROJECT SITE IS ENTIRELY WITHIN THE RIGHT OF WAY ALONG CARLSBAD BOULEVARD, BETWEEN TIERRA DEL ORO AND MANZANO DRIVE, AND ALONG CANON ROAD BETWEEN AVENIDA ENCINAS AND CARLSBAD BOULEVARD.

THE PROJECT IS SURROUNDED BY SINGLE AND MULTIFAMILY HOMES AND OPEN SPACE.

THE PROJECT SITE DOES NOT HAVE A GENERAL PLAN OR ZONING DESIGNATION.

THE PROJECT IS PART OF THE CITY'S CAPITAL IMPROVEMENT PROJECT PROGRAM TO MAINTAIN, REHABILITATE, AND IMPROVE INFRASTRUCTURE AS IDENTIFIED BY ENGINEERING STUDIES AND CONDITION ASSESSMENTS.

THE EXISTING WATER AND SEWER MAINS OR AT THE END OF THEIR SERVICE LIFE.

THIS PROJECT WOULD EITHER REPLACE, REMOVE, OR ABANDON THE EXISTING WATER MAINS AND REPLACE EXISTING SEWER MAINS AND MANHOLES.

[00:10:03]

THE PROPOSED CHANGES WOULD IMPROVE SYSTEM RELIABILITY AND ACCESSIBILITY.

THE PROJECT WOULD TAKE 8-10 MONTHS TO COMPLETE, AND CONSTRUCTION WOULD NOT OCCUR DURING THE SUMMER TOURIST SEASON.

THE AREAS IN BLUE, ON THIS MAP, SHOW WHERE THE NEW 5,000-FOOT PIPELINE WILL BE INSTALLED.

THIS AREA IN BLUE WOULD REMOVE 300 FEET OF EXISTING WATER MAIN NORTH OF CANON ROAD AND CARLSBAD BOULEVARD INTERSECTION.

ALONG CANON ROAD, 1400 LINEAL FEET OF THE EXISTING WATER MAIN WILL BE REMOVED, REPRESENTED HERE IN BLUE.

APPROXIMATELY 100 LINEAL FEET OF THE WATER MAIN WILL BE ABANDONED IN PLACE USING SLURRY SEAL, SLURRY REPRESENTED HERE IN ORANGE.

ALONG CARLSBAD BOULEVARD, APPROXIMATELY 2,300 FEET OF THE EXISTING WATER MAIN WILL BE ABANDONED IN PLACE USING SLURRY.

THE COASTAL COMMISSION HAS DETERMINED THAT ANY INCREASE IN THE SIZE OF A PIPELINE IS CONSIDERED NEW DEVELOPMENT.

THEREFORE, THIS PROJECT IS SUBJECT TO A COASTAL DEVELOPMENT PERMIT.

THE PROJECT IN THE COASTAL ZONE IS WITHIN THE MELLO II AND AGUA HEDIONDA LAGOON SEGMENTS OF THE LOCAL COASTAL PROGRAM.

THIS SECTION OF THE PROJECT THAT FALLS WITHIN THE AGUA HEDIONDA LAGOON SEGMENT IS IN THE AREA OF DEFERRED CERTIFICATION, MEANING THAT THE COASTAL COMMISSION RETAINS PERMIT AUTHORITY.

THIS AREA IS REPRESENTED IN ORANGE ON THIS SLIDE.

THE AREAS IN BLUE ARE WITHIN THE PURVIEW OF THE COASTAL COMMISSION.

THE YELLOW OUTLINE REPRESENTS AREAS WHERE THE COASTAL COMMISSION RETAINS APPEAL AUTHORITY.

STAFF ANALYZED THE PROJECT AND FOUND IT TO BE CONSISTENT WITH THE GENERAL PLAN, ZONING ORDINANCE, LOCAL COASTAL PROGRAM, AND CEQA.

STAFF CONDUCTED AN ENVIRONMENTAL REVIEW AND FOUND THAT THE PROJECT WOULD NOT RESULT IN ANY NEW POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS.

AS A RESULT, THE PREPARATION OF AN ADDENDUM TO THE PEIR IS APPROPRIATE AND CONSISTENT WITH CEQA.

WITH THAT, STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION ADOPT TWO RESOLUTIONS: APPROVING THE TIERRAMAR AREA, WATER AND SEWER MAIN IMPROVEMENTS.

THAT CONCLUDES STAFF'S PRESENTATION.

THE APPLICANT IS AVAILABLE FOR ANY QUESTIONS.

>> THANK YOU, MR. MIRELES.

I CAN'T IMAGINE, BUT DID HE, COMMISSIONER SAMMY [INAUDIBLE] DISCLOSURES ON THIS ONE? HARD TO DISCLOSE SOMETHING UNDERGROUND.

ARE THERE ANY CLARIFYING QUESTIONS OF STAFF, COMMISSIONER LAFFERTY?

>> WOULD YOU MIND GOING BACK TO THAT SLIDE THAT TALKED ABOUT THE 2,300 FEET OF ABANDON, SOMETHING SLURRIED, WHATEVER? I MISSED THAT.

>> NO PROBLEM.

>> IT WAS THAT ONE, ABANDON OF EXISTING 2,300 WATER MAIN.

YOU'RE SAYING WHAT'S HAPPENING WITH THAT?

>> ESSENTIALLY, THERE'S AN EXISTING WATER MAIN THAT'S THERE.

WHAT THEY'RE GOING DO IS WE'RE GOING TO ABANDON IT IN PLACE USING SLURRY.

WE'RE NOT COMPLETELY REMOVING IT.

IN SOME AREAS, REMOVAL IS THE OPTION, IN OTHERS IS JUST THE ABANDONMENT.

WE DO HAVE A REPRESENTATIVE FROM THE UTILITIES DEPARTMENT THAT CAN COMMENT FURTHER ON THAT.

>> I APPRECIATE IT.

>> GOOD EVENING, COMMISSIONERS.

MY NAME IS DAVID PADILLA.

I'M THE DISTRICT ENGINEER FOR THE CARLSBAD MUNICIPAL WATER DISTRICT AND ENGINEERING MANAGER FOR THE UTILITIES DEPARTMENT.

I'D JUST LIKE TO CLARIFY THAT IN ALL LOCATIONS THAT HAVE BEEN IDENTIFIED FOR ABANDONMENT OR REMOVAL, WE ARE CONSTRUCTING NEW PIPELINES TO PROVIDE CONTINUITY OF SERVICE.

THOSE NEW PIPELINES ARE DESIGNED TO COMPLY WITH CURRENT CODES AND REGULATIONS.

>> THE ABANDONING IN PLACE, WHERE WILL THE NEW PIPELINE BE IF YOU'RE TECHNICALLY REPLACING IN KIND, YOU'RE NOT TAKING OUT THE OLD PIPELINE YOU'RE CREATING A NEW PIPELINE.

BASICALLY THAT'S NEW WORK, RIGHT?

>> THAT'S CORRECT. THE ABANDONMENT SEGMENTS ARE LOCATED WHERE EXISTING PRIVATE ENCROACHMENTS ARE LOCATED WITHIN THE PUBLIC RIGHT OF WAY.

IT'S MORE DISRUPTIVE TO REMOVE THOSE SEGMENTS OF PIPE.

WE'RE GOING TO SLURRY-FILL THOSE SEGMENTS OF PIPE AND CONSTRUCT A NEW WATER MAIN CLOSER TO THE MIDDLE OF THE STREET.

>> HOW DOES IT PHASE? WHAT GOES FIRST? YOU PUT THE PIPE IN FIRST AND THEN SLURRY THE OTHER ONES?

[00:15:02]

>> THAT'S CORRECT. THE NEW PIPELINE GOES IN FIRST, IT'S PRESSURE TESTED, AND THEN IT'S CONNECTED TO THE EXISTING WATER SERVICES THAT ARE CURRENTLY CONNECTED TO THE OLD PIPES.

>> IS THAT A TYPICAL PRACTICE?

>> YES.

>> THANK YOU.

>> COMMISSIONER STINE?

>> MR. PADILLA, IF THIS PROJECT IS APPROVED, WHEN WOULD YOU EXPECT THE CONSTRUCTION TO START?

>> CONSTRUCTION START WOULD BE FEBRUARY, MARCH OF 2024, SOMEWHERE IN THAT TIME FRAME.

>> THEN IT'S GOING TO GO FOR A FEW MONTHS, AND THEN SUSPEND DURING THE PEAK SUMMER SEASON WHEN THERE'S ALL THE TRAFFIC THERE?

>> THAT'S CORRECT.

>> IT WOULD GO FROM FEBRUARY TO APPROXIMATELY WHEN MAY.

>> YES.

>> THEN WE'LL START BACK UP AGAIN IN WHAT, MAYBE SEPTEMBER?

>> THAT'S CORRECT.

>> THEN FINISH UP THERE.

DURING THE COURSE OF THE CONSTRUCTION, WOULD BE NECESSARY TO CLOSE OFF ONE OR MORE LANES OF TRAFFIC ALONG CARLSBAD BOULEVARD, OR INTO THE OTHER STREETS?

>> THAT'S CORRECT.

>> YOU'RE DOING THIS DURING THOSE MONTHS TO MINIMIZE ANY TRAFFIC BURDENS, RIGHT?

>> YES.

>> BUT EVEN DURING THOSE TIMES WHERE THE CONSTRUCTION IS GOING, THERE'LL STILL BE LANES OF TRAFFIC, LET'S SAY, CARLSBAD BOULEVARD GOING SOUTH AND NORTH.

WE'RE NOT CUTTING OFF TRAFFIC, ARE WE?

>> WE'RE NOT CUTTING OFF TRAFFIC, WE'LL BE CONTROLLING TRAFFIC.

>> I UNDERSTAND THAT COMPLETELY.

TO YOU, MR. PADILLA AND TO STAFF MEMBER, MR. MIRELES, HAVE WE RECEIVED ANY OPPOSITION TO THIS PROJECT, AND IF SO, WHAT'S THE NATURE OF THE OPPOSITION?

>> COMMISSIONER STINE, WE HAVE NOT RECEIVED ANY COMMENTS OF OPPOSITION.

>> MR. PADILLA, ANY QUESTIONS, CONCERNS OPPOSITION RECEIVED?

>> NO.

>> THANK YOU.

>> THANK YOU.

>> THANK YOU. ANY OTHER QUESTIONS?

>> THAT UP WAS THE PRESENTATION.

WE'LL NOW OPEN THE PUBLIC TESTIMONY.

ARE THERE ANY COMMENTS ON THE SPEAKER SLIPS ON THE SLIDO, MRS. VEGON?

>> NO, THEY'RE NOT.

>> WE'LL CLOSE OFF PUBLIC TESTIMONY ON THAT.

LET'S SEE.

DO ANY COMMISSIONERS HAVE ANY FURTHER QUESTIONS FOR THE APPLICANT OR STAFF? SEE NOW, WE'LL OPEN THE COMMISSION DISCUSSION.

HOW MANY COMMISSIONERS WOULD LIKE TO DISCUSS THE ITEM, COMMISSIONER STINE?

>> THIS IS MUCH NEEDED PROJECT.

THE WATER LINES, OVER TIME, ARE GOING TO WEAR OUT.

YOU NEED TO REPLACE THEM.

BASED UPON THE TESTIMONY THAT WAS GIVEN, SEEMS TO ME THAT WE'RE DOING EVERYTHING REASONABLE TO MINIMIZE ANY TRAFFIC BURDEN AND IMPOSITION.

THERE'S GOING TO BE SOME, BUT THAT'S INHERENT IN THE PROCESS, PARTICULARLY WHEN WE'RE AVOIDING THE PEAK SUMMER SEASONS.

WITH NO OPPOSITION GIVING, I THINK THIS IS VERY STRAIGHTFORWARD AND I SUPPORT THIS PARTICULAR PROJECT.

>> THANK YOU. WOULD SOMEONE LIKE TO MAKE A MOTION ON THIS ITEM?

>> I WOULD MOVE TO APPROVE THIS RESOLUTION.

>> DO WE HAVE A SECOND?

>> I SECOND.

>> WE HAVE A MOTION BY COMMISSIONER KAMENJARIN AND SECOND BY COMMISSIONER SABELLICO. GO AHEAD.

>> JUST BEFORE YOU VOTE, THERE ARE ACTUALLY TWO RESOLUTIONS, IF YOU COULD CLARIFY?

>> THANK YOU, MR. LARRY. COULD YOU CLARIFY THAT, AGAIN?

>> MR. KAME, DO WE NEED TO MAKE A MOTION INDIVIDUALLY FOR EACH OR CAN WE DO A JOINT MOTION?

>> YOU CAN DO JOINT MERCHANT AS LONG AS HE ACKNOWLEDGED THAT YOU HAVE THE TWO RESOLUTIONS.

>> MOVE TO APPROVE AND A JOINT MOTION IN BOTH RESOLUTIONS BEFORE US IS ITEM NUMBER 2 ON THIS AGENDA.

>> SECOND.

>> PLEASE VOTE AND DON'T PUSH THE BUTTON EARLY.

>> THE MOTION CARRIES BY A VOTE OF SEVEN TO ZERO AND THE SCREEN WORKED THE FIRST TIME. SO THERE WE GO.

[LAUGHTER] SO WE'LL NOW CLOSE THIS PUBLIC HEARING.

MR. LARRY, WOULD YOU PLEASE INTRODUCE ITEM NUMBER 3 ON THE AGENDA?

[3. SDP 2021-0028/CDP 2021-0066 (DEV 2021-00256) – LEGOLAND PARKING STRUCTURE NO. 2 –]

I'M SORRY THE EX PARTE ON NUMBER 3.

>> YES. THE EX PARTE ON, ITEM NUMBER 3. YES. MR. STINE?

>> YES. I VISITED LEGOLAND AND I'VE BEEN TO THE AREA WHERE THIS PROPOSED PARKING STRUCTURES TO BE BUILT.

>> COMMISSIONER LAFFERTY.

>> I NEED TO RECUSE WITH A COMMON LAW CONFLICT, MY SON WORKED AT LEGOLAND UNTIL 2022.

>> OKAY.

>> ALRIGHT.

>>THANK YOU.

>> COMMISSIONER MEENES?

>> YES. I VISITED THE SITE.

>> OKAY. COMMISSIONER CHEM ENGINEERING.

>> I VISITED THE SITE.

MY DAUGHTER WORKED THERE ABOUT 20 YEARS AGO.

[00:20:01]

>> OKAY. YOU DIDN'T NEED RECUSE YOURSELF.

>> ALL RIGHT.

>> COMMISSIONER, SABELLICO.

>> I THINK I WAS ONE OF THE ORIGINAL LIFETIME OR YEARLY PASS HOLDER AS MY NUMBER IS LIKE 40 SOMETHING.

>> YOU LIKE TO SHOW US THAT PASS OR NO?

>> [LAUGHTER].

>> ALL RIGHT. MR. LIVES, WILL YOU PLEASE INTRODUCE YOURSELF?

>> SURE. GIVING THE STAFF PRESENTATION IS ASSOCIATE PLANNER VENDON.

>> I THINK YOU SAID YOU'RE A PLANNER? THANK YOU COMMISSIONERS. SO TONIGHT WE WILL BE DISCUSSING THE LEGOLAND.

>> EXCUSE ME, COULD YOU GET A LITTLE CLOSER TO THE MICROPHONE?

>> ALRIGHT, THANKS. WE WILL BE MAKING A PRESENTATION HERE ON THE LEGOLAND PARKING STRUCTURE.

NUMBER 2, THE APPLICATION INCLUDES US SITE DEVELOPMENT PLAN AND A COASTAL DEVELOPMENT PERMIT.

THIS PROJECT SITE IS A 132 ACRE PARCEL, WHICH HAS THE LEGOLAND THEME PARK LOCATED ON IT, INCLUDING THEIR PARKING LOT.

THE AREA PROPOSED FOR CONSTRUCTION IS JUST UNDER THREE ACRES IN SIZE, AND IT IS DIRECTLY SOUTH OF THE EXISTING EMPLOYEE PARKING STRUCTURE.

THE APPLICANT REQUESTS FOR THE SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT INCLUDE THE REQUEST FOR A 1,174 VEHICLES SPACE PARKING STRUCTURE, WHICH WOULD BE A NET INCREASE OF 847 SPACES FOR THE ENTIRE SITE.

THE PARKING STRUCTURE IS 387 PLUS 387,000 SQUARE FEET IN SIZE.

IT HAS THREE STORIES, JUST OVER 34 FEET IN HEIGHT, AND IT'S DESIGNED TO COMPLEMENT THE EXISTING EMPLOYEE PARKING STRUCTURE TO THE NORTH.

THE PARKING STRUCTURE ALSO INCLUDES 59 ELECTRIC VEHICLE SPACES, INSTALLATION FOR FUTURE 59 ADDITIONAL ELECTRIC VEHICLES SPACES, AND 61 LONG TERM BICYCLE PARKING AVAILABILITY.

IN TERMS OF THE LOCATION, LIKE I SAID, IT WAS LOCATED JUST SOUTH OF THE EXISTING PARKING STRUCTURE AND JUST EAST I'M SORRY, JUST WEST OF THE CROSSING DRIVE.

HERE ARE A COUPLE OF ELEVATIONS.

ONE THING TO POINT OUT IS FOR THE EAST ELEVATION AND NOTICE THAT IT DOES SLOPE DOWN SLIGHTLY THAT GOES ALONG WITH THE EXISTING CONTOUR OF THE PARKING LOT THAT SLOPES DOWN FROM NORTH TO SOUTH.

IN TERMS OF STAFFS REVIEW, STAFF HAS FOUND THAT THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN, THE ZONING FOR THE COMMERCIAL TOURISTS ZONE, AS WELL AS QUALIFIED DEVELOPMENT OVERLAY ZONE THAT CARLSBAD SPECIFIC RANCH, SPECIFIC PLAN AND IS CONSISTENT WITH COASTAL DEVELOPMENT REGULATIONS.

IN STAFFS REVIEW OF THE EXISTING PROGRAM ENVIRONMENTAL IMPACT REPORT, THIS PROJECT IS CONSISTENT WITH THAT PROGRAM BIR, AND IT IS STAFF'S RECOMMENDATION THAT THE COMMISSION ADOPT A RESOLUTION APPROVING THE SITE DEVELOPMENT PLAN AND THE COASTAL DEVELOPMENT PERMIT.

THAT CONCLUDES STAFF'S PRESENTATION.

>> THANK YOU. DO WE HAVE ANY CLARIFYING QUESTIONS TO STAFF? COMMISSIONER MEENES?

>> KYLE, DID I UNDERSTAND THAT YOU'VE INDICATED THAT THIS NEW PARKING STRUCTURE IS FOR GUESTS?

>> THAT'S CORRECT. THIS PARK STRUCTURE WILL BE FOR GUESTS.

THE WAY YOU WOULD ENTER THIS PARKING STRUCTURE WOULD BE FROM THE EXISTING PARKING LOT, SO YOU'D ACTUALLY HAVE TO DRIVE ACROSS THE ENTIRE PARKING LOT TO GET TO THE PARKING STRUCTURE.

>> THANK YOU.

>> THE SECOND ENTRANCE TO THE EAST, THAT'S PRIMARILY FOR EMPLOYEES AND HOTEL GUESTS, SO THAT IS NOT THE WAY YOU WOULD ACCESS THIS WORKSHOP.

>> ANY OTHER QUESTIONS FOR STAFF?

>> WILL THE APPLICANT LIKE TO MAKE A PRESENTATION?

>> THE APPLICANT DOES NOT HAVE PRESENTATION, BUT THEY ARE HERE FOR QUESTIONS IF YOU ARE OKAY.

>> ALL RIGHT, GOOD. OKAY.

>> I WILL NOW OPEN THE PUBLIC TESTIMONY.

DO WE HAVE ANY SPEAKER SLIPS ON THE SITE MS. BEAGLE?

>> NO, WE DO NOT.

>> OKAY. THANK YOU.

>> OKAY.

>> IF THERE'S NO MORE FURTHER QUESTIONS OF APPLICANT OR STAFF SEEING NOW WE'LL OPEN THE COMMISSION DISCUSSION.

WHEN IT COMES JUST TO DISCUSS THE ITEM.

>> COMMISSIONER CAMON JIAN.

>> I THINK THIS IS A GOOD IDEA.

THERE HAS BEEN A SHORTAGE OF PARKING WHEN I WAS THERE WITHIN THE YEAR.

I THINK IT'S A GOOD IDEA AND I WOULD SUPPORT THIS RESOLUTION.

>> YES. COMMISSIONER STINE.

>> I CONCUR WITH COMMISSIONER CAMON JIAN.

WE WERE ASKED TO APPROVE AS A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT IN TERMS OF COASTAL DEVELOPMENT ISSUES, I DON'T THINK THEY ARE READY.

THIS IS FAR FROM THE BEACH, SO IT DOESN'T AFFECT ANY ACCESS ISSUES.

[00:25:02]

NORMALLY, I THINK IF IT AFFECT ANY VIEW ISSUES, SO I DON'T SEE ANY COASTAL DEVELOPMENT PERMIT ISSUES RAISED AND ABSENCE OF ANY OPPOSITION, AND APPARENTLY, LEGOLAND NEEDS ADDITIONAL PARKING.

I ALSO SUPPORT THIS PROJECT.

>> THANK YOU COMMISSIONER STINE. YES, COMMISSIONER MEENES?

>> I WAS JUST GOING TO SUGGEST THAT YES, I AM IN SUPPORT OF THIS PROJECT AS WELL.

IT'S AMAZING HOW LEGOLAND HAS GROWN SINCE COME TO CARLSBAD, AND HERE WE ARE WITH NEEDING MORE PARKING AND THEY'RE ACCOMMODATING THAT AND VERY WELL IS PLANNED OUT WAY OF DOING SO AND SO. I'M IN FULL SUPPORT.

>> THANK YOU.

>> GLAD TO SEE THEY'RE HERE.

>> YES. THANK YOU LIKEWISE.

SEEING NO FURTHER DISCUSSION, COULD I PLEASE ENTERTAIN A MOTION?

>> YES. COMMISSIONER STINE.

>> I MOVE APPROVAL OF THE RESOLUTION AND STAFF RECOMMENDATION.

>> A SECOND FROM COMMISSIONER MEENES.

>> YES, I'LL SECOND.

>> PLEASE VOTE AND DON'T PUSH THE BUTTON TOO SOON.

WHO PUSHED THE BUTTON HIGHER? WE'RE GOING TO TRY THIS ONE MORE TIME.

YOU WANT TO CLEAR THAT? WE CAN TRY IT AGAIN.

DO NOT PUSH THE BUTTON EARLY.

SINCE ALL PUSH THE LEASES AS SUB STAINING.

[OVERLAPPING] LET ME TRY IT ONE MORE TIME.

WE'RE JUST ONE MORE TIME, TWO TIME'S A CHARM EVERYBODY IN THIS CASE.

YES. LET'S JUST HIT A REAL COLUMNS.

QUEEN'S GIVES US THIS IS STILL REAL COLUMNS, SO HEATED ROLL CALLS PLEASE.

>> COMMISSIONER GUBUTCHER?

>> YES.

>> COMMISSIONER GELIN?

>>YES.

>> COMMISSIONER MEENES?

>> YES.

>> COMMISSIONER LAFFERTY RECUSED, COMMISSIONER STINE?

>> YES.

>> COMMISSIONER SABELLICO?

>> YES.

>> COMMISSIONER MERZ?

>> YES.

>> IT PASSES SIX IN FAVOR WITH COMMISSIONER LAFFERTY ABSTAIN.

>> OKAY.

>>RECUSED.

>> EXCUSE ME. RECUSED. THANK YOU.

>> OKAY. I'LL NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM NUMBER 1 BEFORE WE INTRODUCE IT, OH I'M SORRY.

COMMISSIONER LAFFERTY. SORRY ABOUT THAT.

I JUST JUMPED THE GUN THERE.

>> THAT'S CORRECT. WHAT ABOUT YOU?

>> I WILL NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM NUMBER 1,

[1. CUP 2021-0008/CDP 2021-031 (DEV02060) – VIGILUCCI’S SEAFOOD & STEAKHOUSE –]

BEFORE WE INTRODUCE THE FIRST TWO COMMISSIONERS HAVE ANY EX-PART DISCLOSURES ON THIS ITEM? COMMISSIONER HUBINGER?

>> YEAH I'VE BEEN TO THE RESTAURANT 20 TIMES, SO I KNOW THE AREA VERY WELL, VERY FAMILIAR WITH THE VALLEY PARKING, SO YEAH.

>> GREAT. THANK YOU. YES. COMMISSIONER KAMENJARIN?

>> YES. I TOO I'M FAMILIAR WITH THE RESTAURANT, HAVE EATEN HERE MANY TIMES, AND I APPRECIATE WHAT WE'RE TRYING TO DO TO SOLVE THE PROBLEM WITH VEHICLES EXITING THE PARKING LOT.

>> COMMISSIONER MEENES?

>> YES. I HAVE FREQUENT IN THE RESTAURANT MANY TIMES AS WELL AS VISITING THE SITE LAST WEEK.

>> GREAT. THANK YOU.

>> COMMISSIONER LAFFERTY.

>> I WALKED BY THIS LIKE WEEKLY, PRE-PANDEMIC, I WAS AT THIS PARTICULAR LOCATION.

ALTHOUGH I'VE EATEN AT OTHER LOCATIONS OF THE BLUE CHEESE, AND I DID LOOK THEM UP ON GOOGLE MAPS TO UNDERSTAND WHAT'S EXISTING NOW. THANK YOU.

>> COMMISSIONER STINE.

>> I'VE DRIVEN BY THE SITE AND LITERALLY HUNDREDS OF TIMES AND THIS MORNING, I DROVE BY, I PARKED AND WALKED AROUND, SO I DID VISIT THE SITE TODAY.

>> COMMISSIONER SABELLICO.

>> I'VE BEEN TO THE LOCATION MANY TIMES.

THE RESTAURANT THAT IS NOT THE CHURCH, BUT I'VE BEEN TO THE ENTRY DISLOCATION AS WELL.

>> THANK YOU. YES. I'VE ALSO BEEN TO

[00:30:01]

THE RESTAURANT I THINK TOTAL OF THREE TIMES AND THEN ALSO THIS WEEK, I DROVE THERE AND PARTS ACROSS FROM THE ENTRANCE SO I COULD OBSERVE THE PARKING COMING IN AND OUT OF THE VALLEY AREA.

MR. LARDY, WILL YOU PLEASE INTRODUCE THE ITEM?

>> GREAT. GIVEN ANY STAFF PRESENTATION ON THIS ITEM IS ASSOCIATE PLANNER EASILY, GARY.

>> THANK YOU, MR. LARDY, AND GOOD EVENING, COMMISSIONERS.

THE PROJECT BEFORE YOU TODAY IS AN APPLICATION FOR A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR BIG BLUE CHEESE SEAFOOD AND STEAKHOUSE.

THE PROJECT SITE WAS PREVIOUSLY SUBJECT TO A CONDITIONAL USE PERMIT FOR THE EXISTING RESTAURANT, WHICH EXPIRED IN OCTOBER 2020.

THIS PROJECT WOULD ALLOW FOR THE CONTINUED USE AND OPERATION OF THE EXISTING RESTAURANT AND ON-SITE VALET, AS WELL AS PROPOSED OUTDOOR DINING PATIO AND OFF-SITE VALET.

THE RESTAURANT IS LOCATED AT THE CORNER OF CARLSBAD BOULEVARD AND TAMARAC AVENUE, ON A 2.95 ACRE LOT AT 3878 CARLSBAD BOULEVARD.

THE LAW IS ZONED COMMERCIAL TOURISTS, WHICH ALLOWS FOR RESTAURANTS WITH THE APPROVAL OF A CONDITIONAL USE PERMIT.

IN ADDITION TO THE EXISTING RESTAURANT AND ATTACHED OUTDOOR DINING PATIO, THE LAW CONTAINS AN APPROXIMATELY 1,910 SQUARE FOOT TEMPORARY OUTDOOR DINING PATIO THAT WAS PERMITTED IN 2021 DURING COVID AS A PRIVATE PROPERTY PERMIT.

THE TEMPORARY PATIO IS PROPOSED TO BE DEMOLISHED AND REPLACED WITH A 1,401 SQUARE FOOT PERMANENT OUTDOOR DINING PATIO.

THE PROPOSED PATIO WILL BE 14 FEET, 4 INCHES TALL AND LOCATED SOUTH OF THE RESTAURANT IN APPROXIMATELY THE SAME AREA AS THE EXISTING TEMPORARY PATIO.

THIS IS A RENDERING OF THE PROPOSED PATIO AND EXISTING RESTAURANT AS VIEWED FROM CARLSBAD BOULEVARD.

HERE'S AN ADDITIONAL RENDERING OF THE PROPOSED PATIO AS VIEWED FROM THE INTERSECTION OF CARLSBAD BOULEVARD IN TAMARAC AVENUE.

HERE'S A RENDERING OF THE PROPOSED PATIO AS VIEWED FROM TAMARAC AVENUE.

THE PROJECT INCLUDES ON-SITE VALET FOR 24 SPACES.

THE VALET WILL INCLUDE A DROP-OFF AND PICK-UP AREA LOCATED NEAR THE DRIVEWAY ENTRANCE SO THE DROP-OFF AND PICK-UP AREAS, APPROXIMATELY RIGHT HERE NEAR THE ENTRANCE OF THE DRIVEWAY.

THERE WILL BE A VEHICLE TURNAROUND LOCATED TOWARDS THE REAR OF THE PARKING LOT.

VEHICLES WILL BE PULLED FULLY ONTO THE PROPERTY PRIOR TO BEING HANDED OVER TO THE VALET STAFF.

THE PROJECT IS ALSO CONDITIONED TO INSTALL A PARKING SIGN AT THE END OF THE DRIVEWAY FOR VEHICLES EXITING THE PROPERTY, SO ALONG HERE THIS AREA.

IN ADDITION TO ON-SITE VALET, THE PROJECT PROPOSES OFFSITE VALET AT NEW SONG CHURCH, WHICH IS LOCATED AT 3780 PIO PICO DRIVE.

THE CHURCH PARKING LOT CONTAINS 64 EXISTING SPACES AND THE OFFSITE VALET IS LOCATED APPROXIMATELY ONE MILE FROM THE PROJECT SITE.

THE CHURCH HAS AGREED TO PROVIDE 18 SPACES FOR THE RESTAURANT AT ALL TIMES, EXCEPT FOR CHRISTMAS, EVEN EASTER SUNDAY.

DURING NON-CHURCH HOURS AND HOLIDAYS, THE CHURCH WILL ALLOW THE RESTAURANT TO UTILIZE ALL 64 SPACES.

ON CHRISTMAS EVE AND EASTER SUNDAY, THE RESTAURANT WILL NOT BE ALLOWED TO UTILIZE THE OFFSITE VALET, AND WILL THEREFORE BE REQUIRED TO EITHER CLOSE 1,400 SQUARE FEET OF SEATING OR LIMIT THEIR SEATING TO 125 SEATS, WHICH IS A MAXIMUM THAT WAS SET FOR THE RESTAURANT PRIOR TO THE REQUIREMENT FOR A CONDITIONAL USE PERMIT.

THIS IS THE ROUTE THE BABELE EMPLOYEES WILL USE TO GET TO THE OFFSITE VALLEY LOCATION.

PREVIOUSLY, THE APPLICANT WAS CONSIDERING A LEFT-HAND TURN OUT OF THE RESTAURANT DRIVEWAY, BUT AFTER FURTHER CONSIDERATION AND DISCUSSION, THE APPLICANT HAS AGREED TO A RIGHT-HAND TURN.

THE AVERAGE TRAVEL TIME DURING RESTAURANT HOURS IS APPROXIMATELY FOUR MINUTES.

THIS DOES NOT INCLUDE ADDITIONAL TIME, BUT IT MAY TAKE TO PULL OUT OF THE DRIVEWAY.

THAT WAY, EMPLOYEES WILL DRIVE THE VEHICLES FROM THE RESTAURANT TO THE CHURCH PARKING LOT, AND WILL EITHER RETURN IN A VEHICLE THAT IS READY TO BE PICKED UP OR WILL BE SHUTTLED BACK IN ELECTRONIC VEHICLE OR STREET LEGAL GOLF CART.

TO REDUCE WAITING TIMES, THE WAITSTAFF WILL COLLECT VALET TICKETS FROM RESTAURANT CUSTOMERS AND PROVIDE THEM TO THE VALET STAFF WHILE THE RESTAURANT CUSTOMERS ARE SETTLING THEIR TOPS.

STAFF RECOMMENDS THAT THE PLANNING COMMISSION ADOPT THE RESOLUTION, APPROVING THE CONDITIONAL USE PERMIT AND THE COST OF DEVELOPMENT PERMIT.

I WOULD ALSO LIKE TO NOTE THAT IN ADDITION TO THE 38 PUBLIC COMMENTS THAT WERE INCLUDED IN THE STAFF REPORT STAFF RECEIVES 355 ADDITIONAL COMMENTS FROM THE PUBLIC.

[00:35:03]

ANY CORRESPONDENCE THAT WAS RECEIVED BEFORE 02:00 PM TODAY WERE PROVIDED TO THE COMMISSIONERS AND ADVANCE OF THE HEARING AND POSTED ON THE CITY'S WEBSITE.

THE APPLICANT ABOUT VALET MANAGER ALSO HERE ARE ALSO PRESENT TO ANSWER ANY QUESTIONS, AND I'M ALSO AVAILABLE FOR ANY QUESTIONS.

>> THANK YOU FOR YOUR PRESENTATION.

ARE THERE ANY CLARIFYING QUESTIONS OF STAFF? MR. HUBINGER?

>> WE TALKED ABOUT THIS EARLIER, SO LAUREN, DATE THE CHANGE THE ROUTE OF THE VALET CHANGED, RIGHT?

>> THAT IS CORRECT.

>> WHICH I THINK MAKES A LOT OF SENSE BECAUSE YOU'RE MAKING A RIGHT AND A RIGHT AND A LEFT, CORRECT?

>> THAT'S CORRECT.

>> THANKS.

>> ANY OTHER QUESTIONS OF STAFF? YES. COMMISSIONER LET'S SEE.

ACTUALLY, I'M COMMISSIONER STINE.

YOU PUSH THE BUTTON FOR IT. I'M SORRY.

>> COMMISSIONER LAFFERTY.

>> THANK YOU. THANKS FOR YOUR PRESENTATION.

I' TRYING TO UNDERSTAND THE LOT SIZE.

YOU SAID IN YOUR PRESENTATION IT WAS 2.95 ACRES.

THE STAFF REPORT IDENTIFIES ON PAGE 74 THE 3738 SQUARE FEET, AND THE DRAWINGS ACTUALLY NOTE IT TO BE 13,191.

I'M CONCERNED THERE'S A LITTLE BIT OF A DISCREPANCY BECAUSE 2.95 ACRES IS ONLY ABOUT 12,000.

I'M A LITTLE BIT CONFUSED AS TO THE SITE SIZE AND I'M TRYING TO UNDERSTAND WHICH ONE'S CORRECT.

MOSTLY BECAUSE THE LOT COVERAGE CHANGES WITH REGARD TO THE NEW STRUCTURE.

>> LET ME JUST DOUBLE CHECK ONE SECOND.

>> I WAS UNDER THE IMPRESSION IT WAS LIKE THREE-QUARTERS OF AN ACRE OR SOMETHING?

>> YES, IT'S 0.32 ACRES, SO I APOLOGIZE IF THAT WAS AN ERROR IN MY PRESENTATION.

>> THAT WOULD BE MORE IN LINE WITH THE 13,000, SO THAT'S WHY.

IT JUST DOESN'T QUITE SEEM LIKE IT WAS ADDING UP.

THE 48% LOT COVERAGE PROPOSED IS CORRECT, SO STILL 52% IS OPEN SPACE.

IS THAT WHAT I'M GETTING OUT OF THIS?

>> I JUST WANT TO DOUBLE-CHECK THE EXHIBITS.

>> BECAUSE IF IT WAS THREE ACRES, WE WOULDN'T HAVE THIS ISSUE.

[LAUGHTER]

>> YES.

>> SO THAT'S THE WHOLE CONUNDRUM.

>> SO THE LAW COVERAGE WAS CALCULATED BASED OFF THE 13,000 SQUARE FOOT SO IT IS STILL CORRECT.

>> SO DISREGARD WHAT'S IN YOUR PRESENTATION OF THREE ACRES.

BECAUSE THE NUMBERS WEREN'T ADDING UP, SO THAT WAS MY CONCERN.

GOOD. WELL, THAT MEANS THAT OVER 50% OF THIS IS GOING TO BE DESIGNATED TO PARKING ANYWAY SO THE BUILDING SIZE IS VERY, VERY MINIMAL.

WHAT I DO WANT TO ASK YOU IS, WHAT IS THE DEFINITION? WHAT'S THE DIFFERENCE BETWEEN A TEMPORARY AND PERMANENT STRUCTURE?

>> SO THE TEMPORARY STRUCTURE WAS PERMITTED WAS A COVID [OVERLAPPING]

>> WOULD YOU MIND SPEAKING INTO YOUR MICROPHONE?

>> SORRY. THE TEMPORARY PERMIT PROCESS WAS SOMETHING THAT THE CITY DID DURING COVID.

THOSE STRUCTURES NEED TO BE REMOVED BY A CERTAIN TIME PERIOD, WHICH I BELIEVE IS THE END OF THIS YEAR.

A PERMANENT STRUCTURE WOULD BE ALLOWED TO STAY ON THE SITE.

IT WOULD NOT HAVE A CERTAIN DATE THAT I WOULD HAVE TO BE TORN DOWN BY SO THAT WOULD BE THE DIFFERENCES THAT THE CURRENT PATIO OUT THERE NEEDS TO BE REMOVED BY THE END OF THE YEAR.

>> BUT THAT DOESN'T ANSWER THE QUESTION ABOUT WHAT MAKES IT TEMPORARY VERSUS PERMANENT BECAUSE IT'S A STRUCTURE.

[00:40:05]

IT HAD TO GO THROUGH SOME KIND OF PROCESS.

SO IS IT SOMETHING THAT COULD TECHNICALLY REMAIN AS IT IS IF IT GETS PERMITTED THROUGH THIS PROCESS?

>> THE EXISTING STRUCTURE WOULD NEED TO BE REMOVED AND REPLACED WITH THIS NEW STRUCTURE AND SO AS PART OF THIS PROCESS, THERE ARE REQUIREMENTS TO MAKE THE PERMANENT DUB ON EXPERIMENT TO MAKES SURE THAT THEY'RE PROPERLY FOOTED INTO THE GROUND AND EVERYTHING.

SO WHAT WE'VE SEEN IN THIS AND OTHER SITES IS MORE TEMPORARY THINGS THAT AREN'T AS ATTACHED TO THE GROUND.

>> SO TECHNICALLY WHAT'S EXISTING NOW IS NOT ANCHORED TO THE GROUND SOMEHOW?

>> I DEFER TO THE APPLICANT ON EXACTLY WHAT'S OUT THERE NOW, BUT THAT WASN'T A REQUIREMENT OF WHAT'S OUT THERE NOW.

WHAT'S OUT THERE NOW WAS DUE TO THE COVID PROTOCOLS AND WE'RE MUCH MORE FLEXIBLE WITH WHAT WAS PUT IN PLACE.

CERTAIN CASES, WE'RE JUST MARKING OUT AREAS AND TABLES THAT WERE PORTABLE.

>> BECAUSE MY BIGGER QUESTION IS, COULD THE SAME TENT BE DESIGNATED AS PERMANENT? WHAT WOULD THEY HAVE TO DO TO MAKE THAT PERMANENT?

>> WE'VE INSTRUCTED THAT THEY NEED TO MAKE IT A TENT THAT'S PERMANENT AND IN AS MUCH AS IT APPLIES TO CALIFORNIA BUILDING CODE APPLIES.

AND SO IT MUST BE A MUCH MORE STABLE AND PERMANENT STRUCTURE THAT'S ABLE TO WITHSTAND ELEMENTS AND OTHER REQUIREMENTS.

>> AND THEN THE OTHER QUESTION THAT CAME UP WAS HOW IS COMPATIBLE WITH OTHER STRUCTURES MEASURED?

>> TYPICALLY FOR SOMETHING LIKE THIS WE WOULD WANT TO MAKE SURE THAT IT'S COMPATIBLE WITH THE OTHER STRUCTURES ON THE SITE.

SO FOR THIS STRUCTURE, THEY'RE PROPOSING TO MATCH THE EXTERIOR OF THE EXISTING RESTAURANT IN COLOR AND MATERIALS SO IT'LL BE A STUCCO FINISH ON MATCHING THE SAME COLOR AS THE RESTAURANT.

AND THE RESTAURANT HAS BLACK ROOFING, SO THAT'S WHY THEY'RE PROPOSING A BLACK ROOFING OF STRUCTURE AS WELL.

SO TYPICALLY WE'D WANT IT TO MATCH WHAT IS CURRENTLY ON SITE.

>> I GUESS THAT'S MY CONCERN IS THAT WHAT IS BEING PROPOSED LOOKS MORE LIKE THE TEMPORARY STRUCTURE AND NOT LIKE THE EXISTING BUILDING BECAUSE EVEN THOUGH IT'S BLACK, THERE'S NO METAL ON THAT BUILDING PER SE AND IT'S A VAULTED AWNING STRUCTURE ON THE BUILDING.

SO I'M JUST A LITTLE CONCERNED THAT IT'S NOT IN KEEPING WITH WHAT IS COMPATIBLE OR WHAT IS BEING ASKED FOR AS COMPATIBLE TO THE STRUCTURE.

SO MAYBE IT'LL BECOME CLEAR WITH THE APPLICANT'S PRESENTATION. THANK YOU.

>> THANK YOU, COMMISSIONER LAFFERTY. COMMISSIONER SABELLICO.

>> THANK YOU. COULD STAFF PLEASE PULL UP CARLSBAD MUNICIPAL CODE, SECTION 21.44.040 ON THE SCREEN.

THANK YOU. SO IT SAYS 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, AND THAT THE MODIFICATION SHALL BE BASED ON THE RESULTS OF A PARKING STUDY PREPARED BY A REGISTERED TRAFFIC ENGINEER OR OTHERWISE QUALIFIED PARKING CONSULTANTS OR OTHER EVIDENCE SATISFACTORY TO THE CITY PLANNER.

SO I HAVE TWO QUESTIONS.

ONE, HAS THERE BEEN A PARKING STUDY? THERE'S NOT BEEN A SPECIFIC PARKING STUDY.

WE'VE BASED THIS ON EVIDENCE THAT WAS SUBMITTED BASED ON THE CONSULTANT AND THEIR INFORMATION, BUT IT'S NOT SPECIFICALLY A PARKING STUDY PER SE.

SO IT'S FAIR TO SAY THAT THE EVIDENCE THAT IS BEING RELIED UPON, IT FALLS UNDER THE CATEGORY OF OTHER EVIDENCE SATISFACTORY TO THE CITY PLANNER.

THAT IS CORRECT. HOWEVER, IN THIS CASE,

[00:45:03]

THIS IS A DECISION OF THE PLANNING COMMISSION BECAUSE THE OTHER PERMIT TYPES OR DECISIONS OF THE PLANNING COMMISSION.

BUT YES. AND THE STAFF'S RECOMMENDATION IS APPROVAL OF THESE RESOLUTIONS, RIGHT?

>> YES, THAT IS CORRECT.

>> SO THERE MUST BE EVIDENCE SATISFACTORY TO THE CITY PLANNER.

[LAUGHTER] WE NEED YOU TO MAKE THIS RECOMMENDATION? I KNOW IT'S IN THE STAFF REPORT, BUT FOR THE BENEFIT OF THE PUBLIC AND FOR US COMMISSIONERS TO REALLY DIGEST THAT INFORMATION, CAN YOU ELABORATE ON WHAT THAT EVIDENCE IS?

>> SURE. SO WE BASED OUR EVIDENCE ON A NUMBER OF DIFFERENT THINGS.

FIRST AND FOREMOST, WE'RE LOOKING PRIMARILY AT THE DELTA OF THE NEW USE.

AND SO THE NEW PATIO, AS ITS PROPOSED, IS SMALLER THAN WHAT'S OUT THERE TODAY, BUT IT IS LARGER THAN THE EXISTING RESTAURANTS.

SO WE BASED IT ON WHAT ARE SPACES THEY'RE REMOVING AND HOW MANY SQUARE FEET OF RESTAURANT SPACE ARE THEY PUTTING IN THERE? LOOKING AT THAT, WE ALSO LOOKED AT WHAT'S THE INTERNAL SITE DESIGN GOING TO BE.

AND SO THIS IS GOING TO PROVIDE MORE AREA FOR PARS TO PULL OFF THE ROAD, TO HAVE THE TRANSITION WITH THE VALET AS WELL AS FOR TURNAROUND FROM THE EXISTING CONDITION.

WE ALSO BASED THAT ON INFORMATION AND CONVERSATIONS WITH THE APPLICANT BASED ON HOW MANY FOLKS ARE DRIVING TO THEIR RESTAURANT NOW, HOW MANY FOLKS ARE USING THE CURRENT VALET SERVICE, AS WELL AS WHAT THEY CAN SPEAK TO, WHICH IS MORE FOLKS USING, RIDESHARE AND OTHER TYPE SERVICES TO ACCESS THE RESTAURANT.

SO IT WAS THAT CONVERSATIONS BASED ON THEM AS WELL AS THE REPORTS SUBMITTED FROM THERE ARCHITECT AND THEIR CONSULTANTS.

THAT WAS THE EVIDENCE THAT WE RELIED ON TO MAKE THIS RECOMMENDATION.

I ASKED LAUREN IF THERE'S ANYTHING YOU WANTED TO ADD TO THAT.

>> WE ALSO LOOKED AT THE CITY'S PARKING MANAGEMENT PLAN, WHICH INCLUDED SURVEYS, AND THESE WERE DESTINATION BASED SURVEYS.

SO IT LOOKED AT THE PUBLIC PARKING SUPPLY WITHIN 1/8 MILE OF EVERY DESTINATION WITHIN THE STUDY AREA, AND THE SITE WAS ONE OF THE SITES THAT WAS INCLUDED IN THE STUDY AREA.

SO WE ALSO USE THAT AS A SOURCE OF REFERENCE TO SEE WHAT THE CURRENT MARKET SITUATION WAS.

>> I'M SORRY. CAN YOU REPEAT SOME OF THAT? IT WAS A DESTINATION IN WHAT STUDY, COMPLETED WHEN?

>> ANNUALLY THE CITY CONDUCTS A PARKING SURVEY OF THE VILLAGE IN BARRIO.

IT ACTUALLY IS THE VILLAGE BARRIO AND BEACH AREAS.

IT GOES DOWN TO THIS NEIGHBORHOOD AND THEY USE ON STREET AND OFF STREET PARKING INFORMATION, AND THEN OUR CONSULTANTS DIGITIZE THAT AND LOOK AT, OKAY WHERE ARE PEOPLE TRYING TO GET TO AND WHERE'S PARKING AVAILABLE? THAT'S THE DESTINATION PART OF IT.

WE DID USE THAT AND LOOK AT IT.

WHAT ARE THE CURRENT PERCENTAGES OF OCCUPIED ON AND OFF STREET PARKING? WHILE THERE IS, THIS IS NEXT TO THE BEACH, SO IT HAS A HIGHER DEMAND AREA.

IT WASN'T ONE OF OUR KEY PRIMARY AREAS AND WE FACTORED THAT INTO OUR DECISION.

>> THANK YOU. COMMISSIONER STINE.

>> YES. I'D LIKE TO FOLLOW UP WITH MR. LARDY ON THE QUESTIONS FROM SABBATICAL.

DO I UNDERSTAND CORRECTLY THAT STAFF IS OF THE OPINION THAT THIS IS AN ENHANCEMENT OF PARKING AVAILABILITY FROM WHAT IT IS RIGHT NOW. THERE WAS AN IMPROVEMENT

>> THAT IS CORRECT. I'M WITH THE ADDITION OF THE VALET SERVICE DURING NON-CHURCH HOURS, WHICH IS THE BUSIEST HOURS OF THAT, THERE WILL BE MORE PARKING SPACES AVAILABLE OFF STREET FOR THIS FACILITY.

>> WE'RE COMPARING IT TO THE PRESENT SITUATION WHERE YOU HAVE A 1,910 SQUARE FOOT BUILDING THAT COVERS MORE OF THE PARKING AREA, AND THEY'RE PROPOSING TO TAKE APPROXIMATELY 500 SQUARE FEET OFF OF THIS AND ADD ADDITIONAL PARKING SPACES.

AM I UNDERSTANDING THAT CORRECTLY?

>> THAT IS CERTAINLY ONE WAY TO LOOK AT IT.

THE WAY WE BASED OUR CALCULATIONS ARE LOOKING AT THE EXISTING CONDITION WITHOUT ANY PATIO OR WITHOUT THIS PATIO, AND THEN WHAT IS THE DELTA WITH THE NEW PATIO, WHICH WOULD REQUIRE ADDITIONAL SPACES AS WELL AS THEY WERE TAKING OUT SPACES.

THEY NEED TO MAKE UP THE SPACES THAT THEY WERE LAWS.

SO WE'RE REALLY LOOKING AT THE REQUIREMENT OF HAVING THOSE 18 SPACES PERMANENTLY AS A NEW PATIO IN THE 1,000 SQUARE FOOT.

>> WHEN I WALKED THE SITE TODAY, I COUNTED 12 ON-SITE PARKING SPACES.

NOW SOMEONE MIGHT HAVE BEEN FOR VALET. I'M NOT SURE.

THE LINES WERE RATHER BLURRED, BUT MIGHT UNDERSTAND.

WE WOULD BE GOING FROM MY CALCULATION WAS 12, MAYBE I'M OFF ON THAT. CERTAINLY WASN'T MANY.

[00:50:02]

IT'S A VERY SMALL PARKING AREA.

WE'RE GOING FROM 12 OR WHATEVER NUMBER IS OUT THERE NOW TO 24, DOUBLING THAT WITH THIS PROPOSED PROJECT. AM I RIGHT, MR. LARDY?

>> YES, THAT IS CORRECT.

>> CAN YOU GIVE ME SOME SENSE BEFORE THIS PROJECT WAS ADVERTISED FOR HEARING, HAS STAFF RECEIVED A SIGNIFICANT NUMBER OF NEIGHBORHOOD COMPLAINTS OVER THE YEARS WITH REGARD TO PARKING IN THE AREA THAT THEY BELIEVE IS GENERATED BY CUSTOMERS OR GUEST OF THE GOAT CHEESE.

WHAT'S A SENSE OF THAT? DO YOU HAVE ANY?

>> WE RECEIVED NO CODE COMPLIANCE CASES THROUGHOUT THE LAST THREE YEARS FOR ANYTHING RELATED TO PARKING.

>> BECAUSE NOW WE HAVE QUITE A FEW NEIGHBORS WHO WERE IN OPPOSITION BASED UPON THEM WE'LL PROBABLY HEAR SOME OF THOSE TODAY BASED UPON THE EMAILS, BUT PRIOR TO THIS, WE DID NOT GET CALLS TO THE CITY SAYING, HEY, I CAN'T PARK HERE AND IT'S BECAUSE OF PEOPLE USING [INAUDIBLE], NOTHING LIKE THAT.

>> NO CODE COMPLIANCE CASES.

THAT'S HOW WE WOULD TRACK SOMETHING LIKE THIS.

WE WOULD HAVE TO HAVE A RECORD OF IT AND I DID RESEARCH AND THERE WAS NO RECORD OF ANY COMPLAINTS ON PARKING.

>> THANK YOU. WITH REGARD TO THE APPROVAL IN 2021, THAT WAS PART OF COVID APPROVALS WHICH A NUMBER OF RESTAURANTS GAVE BECAUSE OF THE PANDEMIC.

WITH THAT AND UNDERSTAND THAT APPROVAL CAME IN 2021, CORRECT? THE COVID PROGRAM?

>> YES.

>> WERE THERE ANY ENHANCED PARKING REQUIREMENTS THAT WERE PART OF THAT APPROVAL AT THAT TIME?

>> NO, I BELIEVE THERE WAS NOT.

I DON'T KNOW EXACTLY HOW THESE PERMITS WERE PROVIDED, BUT I BELIEVE THERE WAS SOME LENIENCY GIVEN DUE TO COVID.

THEY WERE NOT PROVIDED TO THE PLANNING DEPARTMENT TO REVIEW.

THEY DIDN'T HAVE TO MODIFY THEIR PERMIT FOR THIS.

I THINK IT WAS JUST A SPECIAL CIRCUMSTANCE FOR COVID.

>> IF I COULD JUST ADD.

THERE ARE SEVERAL ACTIONS OF THE CITY COUNCIL THAT WAVES CERTAIN LAND-USE REQUIREMENTS AND RESTRICTIONS GIVEN THE ONGOING PANDEMIC SITUATION AND THE PUBLIC HEALTH ORDERS.

THOSE PUBLIC HEALTH ORDERS WERE REPEALED EARLIER THIS YEAR.

HOWEVER, THERE WAS ALSO A STATE LAW THAT SAID THAT WE NEEDED TO REMOVE ANY PARKING REQUIREMENTS TO ALLOW FOR OUTDOOR ACTIVITIES ON PRIVATE PROPERTIES THROUGH THE END OF THIS YEAR.

SO WHAT WE'VE BEEN DOING IS WORKING WITH AND NOTIFYING ANY APPLICANTS THAT THEY NEED TO EITHER LEGALIZE THEIR OUTDOOR ACTIVATIONS THROUGH A PROCESS SUCH AS THIS ONE OR THEY WOULD NEED TO REMOVE THESE THINGS IN EARLY 2024.

>> THE EXISTING STRUCTURE IS CONSIDERED OUTDOOR DINING THEN.

IS THAT WHAT IS CONSIDERED?

>> WE CONSIDER IT, TEMPORARY OUTDOOR DINING.

>> AND DURING THE PANDEMIC, WAS IT DESIGNED TO REPLACE INDOOR DINING WHICH WAS PROHIBITED DURING THAT TIME?

>> ORIGINALLY, PART OF IT WAS TO ALLOW FOR ADDITIONAL SPACING AND ADDITIONAL OUTDOOR DINING DUE TO THE PUBLIC HEALTH ASPECT OF IT.

>> BUT NOW WE HAVE A PROJECT THAT IS BASICALLY CUMULATIVE.

THE PANDEMIC FORTUNATELY IS OVER.

PEOPLE CAN DINE INSIDE.

THEY CAN DINE AT THE PATIO ON CARLSBAD BOULEVARD.

AND THEY'RE PROPOSING THAT THEY BE CONTINUED TO BE ABLE TO DINE IN THE PATIO JUST SOUTH OF THE MAIN BUILDING, ALTHOUGH THEY PROPOSED TO REDUCE THE SIZE OF THAT PATIO STRUCTURE. IS THAT FAIR?

>> THAT IS CORRECT, AND SO THAT'S WHY WE'RE LOOKING AT IT AS ESSENTIALLY AN ADDITIONAL THOUSAND SQUARE FEET OR RESTAURANT AREA AND STUDYING THE PARKING AND THE IMPACTS BASED UPON THAT ADDITION.

>> THAT 1,000 WOULD TRIGGER NORMALLY ABOUT 10 PARKING SPACES ISN'T ABOUT 10%, IS THAT THE CALCULATION, ERIC, ROUGHLY? I BELIEVE I READ THAT IN THE REPORT SOMEWHERE.

>> THIS WOULD REQUIRE 11 PARKING SPACES DUE TO THE SIZE, AND THEN BECAUSE THEY ARE TAKING OUT SEVEN, THAT'S HOW WE GET TO THE 18 REQUIREMENT.

>> THAT'S WHAT I WANTED TO KNOW.

FINAL QUESTION, AND IF YOU DON'T KNOW, I'LL ASK THE APPLICANT THAT PRIOR TO THE CONSTRUCTION OF THIS STRUCTURE THAT I NOW PROPOSE TO TAKE DOWN AND MODIFY WITH SOMETHING SMALLER.

WHAT WAS IN THIS AREA? WAS IT JUST OPEN SPACE? WAS A PARKING. WHAT WAS IT?

>> THIS AREA WAS PARKING.

>> IT WAS PARKING. ALL OF THE AREAS THAT I SEE RIGHT NOW IN THE 1,910 SQUARE FOOT PATIO STRUCTURE THAT'S PROPOSED TO BE TAKEN DOWN.

THAT WAS ALL ONSITE PARKING FOR THE RESTAURANT?

>> IT WAS PARKING OR THERE WAS A WALKWAY IN THERE AS WELL.

BUT THIS WAS ALL PAVED AREA FOR THE PARKING LOT.

>> DO YOU KNOW HOW MANY SPACES THIS STRUCTURE,

[00:55:01]

THE ONE THAT'S ON THERE NOW TOOK UP APPROXIMATELY OR REPLACED?

>> THE EXISTING CONDITION PRIOR TO THAT TEMPORARY PATIO WAS 21 SELF PARKING SPACES, AND NOW THERE ARE 14 CURRENTLY THERE WITH THAT PATIO AND WHAT THE NEW PATIO THERE WILL ALSO BE 14 SELF-PARKING,.

>> WE LOST SEVEN. THAT'S WHY [INAUDIBLE] THANK YOU VERY MUCH.

>> THANK YOU. COMMISSIONER MEENES.

>> YES. LAUREN, QUICK QUESTION FOR YOU HIM.

IN REGARD TO THE REDUCTION OF THE SQUARE FEET OF THE CURRENT TEMPORARY STRUCTURE AND THE NEW ONE, 1,900 SQUARE FEET, 1,400 SQUARE FEET.

QUESTION FOR YOU, WAS IT CITY'S RECOMMENDATION TO THE APPLICANT TO REDUCE THAT NUMBER OF SQUARE FEET AND REDUCE THE SIZE OF THE STRUCTURE TO ACCOMMODATE VALET SERVICE, FOR EXAMPLE, OR TO PROVIDE MORE MOBILITY ON-SITE OR WAS THAT SOMETHING THAT WAS A REQUIREMENT BY CITY OR NOT?

>> THIS WAS NOT THE CITY'S RECOMMENDATION.

THIS WAS AN APPLICANT'S PROPOSAL.

I DO HAVE A SLIDE THAT CAN SHOW THE DIFFERENCE.

THE REDUCTION IN THE SQUARE FOOTAGE ALLOWS MORE CIRCULATION.

IT ALLOWS THEM TO HAVE THAT ROOM FOR THE VALET TO PULL IN FULLY INTO THE PROPERTY, AND I BELIEVE THAT WAS THE MAJORITY OF THE REASON WHY THE APPLICANT CHOSE TO GO THAT ROUTE.

ALSO, REDUCING THE SIZE OF THE PATIO, REDUCES THE AMOUNT OF PARKING THEY HAVE TO PROVIDE.

THAT WAS ANOTHER ASPECTS IN THEIR DECISION.

>> THANK YOU.

>> COMMISSIONER HEATHER.

>> REALLY QUICKLY, THEIR OVERALL DINING SPACE IS DOWN WHEN YOU COMBINE THE INSIDE DINING AND THE PATIO TO A NEW PATIO.

>> IF YOU'RE COMPARING THE TEMPORARY PATIO TO THE NEW PATIO YES YOU'RE REDUCING BY APPROXIMATELY 500 SQUARE FEET?

>> THANK YOU. I HAD SOME QUESTIONS, SO SOMEONE ELSE HAD A FEW. THANK YOU.

I HAD A FEW QUESTIONS ALSO AND THANK YOU FOR THE PRESENTATION.

I THINK JUST IN LOOKING IN THE PACKAGE AND THE HISTORY, IT'S AN INTERESTING IN THE SENSE THAT THE ORIGINAL APPLICANT IS HERE ALMOST 19 YEARS LATER.

BUT I THINK IT'S A LEAD TO THIS QUESTION.

I THINK THERE'S A FEW THINGS I WANT TO POINT OUT IN THE HISTORY.

ON PARAGRAPH 29 OR EXCUSE ME, PAGE 29 SAID BEFORE THE SALE OF THE PROPERTY, THIS IS BACK IN 2000 FOR THE STAFF HAD MET WITH MR.VIGOR LUTEA ADVISING ONE OF THE MAIN ISSUES SURROUNDING THE RESTAURANT AND EXPECTATIONS REGARDING IT'S FUTURE.

THEN IN UNDER PAGE 22, THAT THE APPLICANT CONCURRED WITH A RESTRICTION ON THE SITE, AND THEN PAGE 41, THE ORIGINAL CP SAID THERE'LL BE NO OUTDOOR DINING.

THAT WAS IN 2004 IN LET'S SEE, THEN THE CP EXPIRED IN OCTOBER OF 2020, AND THEN THE PATIO WAS APPROVED IN 2021.

I GUESS I'M OKAY NOW, SO JUST DO THE MATH.

THIS IS A CALCULATION THAT MEANS IF YOU AGREE WITH THAT.

SO THE ORIGINAL RESTRICTION WAS 120 CAPACITY OF 125, THIS ADDS 90, SO THAT'S 215.

THAT'S A 72% INCREASE IN THE USE OVER WHAT WAS ORIGINALLY APPROVED UNDER THE ORIGINAL OF CP?

>> YES, THAT'S CORRECT.

>> THEN I THINK THAT COMMISSIONER STINE'S ANSWERED THIS QUESTION, BUT IT DOESN'T APPEAR THERE'S ANY SPECIFIC STUDY DONE ON THIS USE BY THE CITY THAT IT RELIED ON SOME DIFFERENT ONES INCLUDING THE VALETS STAY.

COULD YOU PULL UP THE SLIDE SHOWING THE PARKING AND HOW THAT GOES?

>> THE ON-SITE VALET?

>> YES. THERE WE GO. IT'S INTERESTING.

I'VE MENTIONED I WAS OUT THERE ON MONDAY AND I SEE WHAT'S THERE NOW.

BUT IF YOU LOOK AT SPACES NINE, 10, AND 11, AND 12, AT LEAST ON MONDAY, OBSERVED THAT THERE WERE SPACES.

[01:00:03]

IF YOU LOOK AT SPACE 23 AND 24, IF YOU TOOK THOSE AND SHIFTED THEM UP RIGHT AGAINST NINE, 10, 11, AND 12, THAT'S WHAT WE HAD.

THEN THERE WAS ONLY A WIDTH OF ENTRANCE FOR ONE IN AND ONE OUT.

I SAT THERE FOR ABOUT 15 MINUTES AND WATCHED.

WHAT HAPPENED WAS FOR SOME, IF SOMEONE WAS COMING IN, THERE'S NOT WIDTH FOR TWO CARS.

ONE CAR ACTUALLY STOPPED IN TAMARAC, ACTUALLY BACKED UP A FEW FEET WHILE THE OTHER CAR PULLED OUT, AND THEN NOT ONE PULLED IN.

I DON'T KNOW IF THAT'S AN ISSUE OF THIS IS BECAUSE IT'S THE LARGER PATIO AND EXTEND WHERE 23 AND 24, BUT THERE'S ONLY ONE, AT LEAST AS IT EXISTS TODAY, I ONLY OBSERVED A WIDTH FOR ONE CAR, NOT TWO.

THIS ONE SHOWS TWO, IT'S A FUNCTION OF JUST WHAT THE PATH IS GOING TO BE REMOVED OR?

>> YES, SO THIS IS A GRAPHIC OF WHAT WOULD BE THERE.

IT'S NOT A WHAT'S OUT THERE TODAY.

I THINK WE WOULD DEFER TO THE APPLICANT AND THE VALET OPERATOR TO RESPOND TO HOW IT'S WORKING TODAY.

>> WHAT [INAUDIBLE]. THEN I DID NOT SEE A WRITTEN AGREEMENT FROM THE NEW SONG CHURCH AND THE APPLICANT.

DOES THERE EXIST A WRITTEN AGREEMENT BETWEEN THEM OR IF WE'VE SEEN THAT?

>> YES, THERE IS A WRITTEN AGREEMENT BETWEEN THEM, BUT THEY DO NEED TO, AS A CONDITION OF APPROVAL, PROVIDE A AGREEMENT THAT WOULD BE REVIEWED BY THE CITY ATTORNEY PRIOR TO BEING RECORDED.

THEY'VE AGREED TO PROVIDE THE 18 SPACES, BUT THERE'S STILL A PROCESS, SO THEY WOULD HAVE TO DO TO MAKE THAT AGREEMENT RECORDED WITH THE COUNTY.

>> THERE IS A WRITTEN AGREEMENT, WE JUST HAVEN'T SEEN IT YET AND THAT NEEDS TO BE APPROVED.

FOR EXAMPLE, THERE'S A CHANGE IN CHURCH LEADERSHIP.

THEY DECIDE, WE DON'T REALLY WANT TO DO THIS ANYMORE, AND SO WE'RE GOING TO TAKE AWAY THAT PARKING RIGHT.

I DEAL WITH WHERE WE WORSHIP, I ACTUALLY RUN OUT PART OF OVERFLOW PARKING.

THERE ARE PARKING AGREEMENTS AND THOSE CAN COME AND GO.

HOW DO WE KNOW THAT WE ARE DEPENDING ON THIS AND THE CHURCH LEADERSHIP TO SAY, WE DON'T WANT DO THAT ANYMORE, WE'RE EVOKING THE AGREEMENT?

>> AS OF RIGHT NOW, IT'S A DRAFT AGREEMENT.

I WILL LET RON SPEAK TO ONE.

IT IS A FINAL RECORDED AGREEMENT.

>> RIGHT NOW IT IS A THREE-PAGE DRAFT AGREEMENT I LOOKED AT IT AGAIN THIS AFTERNOON AND I WOULD NOT APPROVE THE AGREEMENT AS WRITTEN BECAUSE IT HAS A CLAUSE IN IT THAT THE PROPERTY OWNERS CAN AGREE TO CANCEL THE AGREEMENT AND 30 DAYS NOTICE.

THERE'S NO PERMANENCE TO IT.

I WOULD HAVE TO SEE AN AGREEMENT THAT WOULD GIVE SOME PERMANENCE TO IT BECAUSE THE CONDITIONAL USE PERMIT, I GUESS THIS IS A GOOD TIME TO, LET'S TALK ABOUT WHAT A CONDITIONAL USE PERMIT IS.

WHEN THE COUNCIL ZONES PROPERTIES, THE ZONING GIVES YOU THE RIGHT TO USE A PROPERTY FOR PARTICULAR PURPOSES.

WHAT WE HAVE IN OUR ZONING CODE IS I THINK WE CALL IT A PERMISSIVE ZONING CODE.

IF THERE IS A SPECIFIC USE THAT IS SET BY THE COUNCIL, YOU CAN DO ON THAT ZONING, THEN YOU CAN DO THAT AS A MATTER OF RIGHT.

THEN WE HAVE WHAT'S CALLED CONDITIONAL USES WITHIN THAT ZONING, WHICH COULD BE USES THAT WOULD BE ALLOWED, BUT THEY COULD BE PROBLEMATIC IN SOME WAYS, SO WE ALLOW THEM TO BE USED WITH CONDITIONS AND THEY GET A CONDITIONAL USE PERMIT.

I WANTED TO CORRECT SOMETHING THAT'S IN THE REPORT, AND THE LAW HAS EVOLVED OVER THE LAST FEW YEARS, AND OUR CODE IS NO LONGER REALLY CORRECT ON THIS.

COURTS HAVE FOUND THAT CUPS, CONDITIONAL USE PERMITS, DO NOT EXPIRE BASED ON A TERM THAT'S GIVEN BY THE BODY.

BECAUSE THE CONDITIONAL USE PERMIT IS A PROPERTY RIGHT THAT RUNS WITH THE LAND.

IT GETS TO BECOME A VESTED RIGHT.

IT CANNOT BE TAKEN AWAY WITHOUT A HEARING AND NOTICE TO, WELL, IT'S NOT EVEN THE PARTY BECAUSE IT RUNS WITH THE LAND, IT'S ACTUALLY A LAND-USE RIGHT.

I THINK IT SAYS IN THIS REPORT THAT THE PERMIT EXPIRED, BUT IT REALLY HASN'T BECAUSE WE WOULD ACTUALLY HAVE TO REVOKE IT.

WHAT WE'D HAVE TO DO WOULD BE TO HAVE A HEARING AND SAY WHY THEY HAVEN'T MET THE TERMS OF THE ORIGINAL PERMITS.

THERE'D HAVE TO BE A VIOLATION OF THAT ORIGINAL PERMIT BECAUSE IT BECOMES A VESTED RIGHT THAT WE CANNOT REVOKE WILLY NILLY.

WILLY NILLY WOULD BE JUST THROUGH TIME.

IF YOU GIVE THIS RIGHT TONIGHT, EXPAND THE RIGHT, THEN THAT RUNS WITH THE PROPERTY UNLESS WE HAVE HEARING AND SHOWS THAT THEY'VE BEEN BLATANTLY VIOLATING THE TERMS OF THE PERMIT,

[01:05:02]

AND THERE WOULD HAVE TO BE A BURDEN OF PROOF ON THE CITY TO SHOW THAT THAT WAS HAPPENING.

BECAUSE OF THE NATURE OF CONDITIONAL USE PERMITS IN THEIR PERMANENCE, WHEN I LOOK AT THE AGREEMENT, I'M GOING TO LOOK FOR SOMETHING THAT MAKES THAT RIGHT PERMANENT.

RIGHT NOW, IF IT SAYS AT THE END OF THE AGREEMENT, WHICH IT DOES, THAT BOTH PARTIES CAN AGREE AND IT DOESN'T INCLUDE THE CITY IN THAT, THEY CAN REVOKE THE AGREEMENT WITHIN 30 DAYS.

BEFORE I WOULD SIGN OFF ON IT, I WOULD WANT TO SEE SOMETHING THAT WOULD GIVE IT A LITTLE BIT MORE PERMANENCE.

IT IS SUPPOSED TO BE RECORDED, BUT JUST THE MERE RECORDATION OF IT IN THE CHAIN OF TITLE WOULDN'T BE SUFFICIENT.

THERE'D HAVE TO BE SOME MEETING OF THE MINDS OF THE PARTIES THAT THIS WOULD BE IRREVOCABLE IN MY MIND, BECAUSE YOU'RE GIVING THEM A PERMANENT RIGHT TO USE THE RESTAURANT TO THIS CAPACITY WITHOUT APPROPRIATE PARKING.

>> THANK YOU. THAT IS VERY HELPFUL BECAUSE I GUESS I THINK THE OTHER BEGS THE QUESTION TOO IS THAT, HOW WILL THE CITY MONITOR THAT THE CONDITIONS OF THIS USE ARE BEING MET DURING THAT?

>> WE HAVE A PROCESS FOR ANNUAL REVIEW OF OUR CONDITIONAL USE PERMITS.

WE ALSO ARE IN THE PROCESS OF UPDATING OUR CODE TO REALLY HAVE AN ADMINISTRATIVE PROCESS TO EXTEND CONDITIONAL USE PERMITS, AND REALLY IN LIGHT OF WHAT ATTORNEY KEMP WAS GOING THROUGH, WE'LL MONITOR THESE.

WE ALSO HAVE ESSENTIALLY A COMPLAINT BASED SYSTEM WHERE IF THERE ARE ISSUES, IF WE SEE THOSE, WE COULD OPEN A CODE ENFORCEMENT CASE AND START TO REVIEW AGAINST THE PERMIT ITSELF.

THEN PLANNER HAS BROUGHT UP A CONDITION THAT IS SPECIFIC TO WHAT WE CAN BE LOOKING FOR AS PART OF THIS CONDITIONAL USE PERMIT THAT WOULD BE APPLIED TO THE CONDITIONAL USE PERMIT IF IT WAS APPROVED BY THIS BODY.

>> COULD YOU SAY THAT LAST STATEMENT AGAIN, I GOT A LITTLE BIT LOST WHAT YOU JUST SAID THERE.

>> SURE. ON THE SCREEN, CONDITION 14 IS PUT UP THERE, WHICH IS IN THE DRAFT RESOLUTION FOR APPROVAL.

THIS WOULD GIVE US ADDITIONAL AUTHORITIES TO EVALUATE IF THERE ARE ITEMS THAT ARE DETRIMENTAL TO PUBLIC HEALTH, WELFARE, OR SAFETY, AND THAT WE COULD HAVE A PLANNING COMMISSION HEARING TO CONSIDER AND POTENTIALLY REVOKE A HEARING IF WE ARE MEETING THOSE STANDARDS AND HAVING ISSUES.

>> IN MAY, THIS IS MORE FOR COMMENTS, BUT IT DOES SEEM THAT THERE IS IN OUR PACKAGE HERE, LET'S SEE, PAGE 12 OF THIS HOBBES IF GO THE PREVIOUS PAGE.

FURTHERMORE, THE CONDITION VALET PARKING PLAN INCORPORATES AND ON-SITE VEHICLE MANEUVERING, IT SAYS, WHICH, "SHOULD IMPROVE THE ABILITY OF CARS ENTERING AND LEAVING THE LOT." HOWEVER, IT DOES APPEAR IN A SINGLE GUARD PATCH, WHAT WE DO IS BASED ON FINDINGS, BUT WE HAVE A FAIR AMOUNT OF EVIDENCE FROM COMMENTS IN THERE THAT THERE ARE PROBLEMS WITH THE PARKING IN THE CIRCULATION OF THE THINGS.

I GUESS I'M JUST TRYING TO WEIGH THIS OUT AND I GUESS THAT'S PROBABLY MORE FOR THE COMMENTS SECTION OR SO.

GOOD. ARE THERE ANYMORE? YES, COMMISSIONER MEENES.

>> EXPANDING THAT, COUNSELOR.

JUST EXPLAIN TO ME, SO WE SPOKE OF THE CHURCH PARKING LOT AND THE AGREEMENT THAT YOU ARE REVIEWING AND THEN WILL BE FINALIZED ONCE IT'S APPROVED, WHAT ABOUT THE AGREEMENT THAT THE APPLICANT WILL HAVE WITH THE VALET SERVICE? IS THAT PART OF THE CUP PROCESS AS WELL FROM THE STANDPOINT OF THERE HAS TO BE AN ACTIVE AGREEMENT FROM BOTH THE VALET SERVICE AS WELL AS THE CHURCH?

>> IF I'M UNDERSTANDING YOUR QUESTION CORRECTLY, I DON'T THINK THE CITY WOULD CARE ONE WAY OR ANOTHER WHAT ARRANGEMENT THEY MAKE TO VALET PARK THE CARS.

VIGOR LEUCIPPUS COULD HIRE THEIR OWN POLICE, THEY CAN HIRE A VALET SERVICE, IT WOULD JUST BE THAT WHOEVER IS DOING THAT JOB WOULD HAVE TO FOLLOW THE TERMS OF THE CUP.

>> THANK YOU.

>> ONE QUESTION, SO HOW ARE WE THEN MONITORING THAT THE VALET PARKING IS MEETING THE CONDITIONS OF THE CUP?

>> THE CITY I THINK HAS A PROCESS IN WHICH THEY REVIEW CUPS ON A REGULAR BASIS AND WOULD GO OUT THROUGH WHATEVER MEANS NECESSARY TO GO OUT AND SEE HOW IT AT THE TRENDS ARE BEING MET.

ERIC CAN ELABORATE ON IT.

>> WE HAVE A PROCESS WHERE WE ANNUALLY LOOK AT EACH OF OUR CUPS

[01:10:02]

JUST TO ENSURE CONSISTENCY AND REVIEW OF THOSE, AS WELL AS IF WE RECEIVED A COMPLAINT RELATED TO THEIR CURRENT OPERATIONS, WE WOULD SEND SOMETHING OUT MORE FREQUENTLY THAN THAT.

>> THANK YOU. ANY OTHER QUESTIONS OF STAFF?

>> WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION? GREAT. PLEASE SPELL YOUR LAST NAME AND STATE YOUR ADDRESS.

YOU HAVE 15 MINUTES TO MAKE YOUR PRESENTATION.

>> I DON'T THINK IT'S ON. CAN YOU GUYS HEAR ME? YEAH, THERE WE GO. HI. MY NAME IS DARREN MACHULSKY.

I'M THE ARCHITECT FOR THE APPLICANT.

MY LAST NAME IS MACHULSKY, M-A-C-H-U-L-S-K-Y.

SOME OF THE DISCUSSIONS YOU GUYS WERE HAVING UP HERE RECENTLY WITH QUESTIONS I THINK I CAN ANSWER, BUT I'M NOT GOING TO DO THAT JUST YET BECAUSE I'M WORRIED ABOUT THE 15 MINUTES.

I ALSO HAVE THE VALET OWNER WITH ME THAT'S GOING TO USE SOME OF MY TIME.

THANK YOU FOR COMING TONIGHT AND THANK YOU FOR ALLOWING ME TO SPEAK BRIEFLY ABOUT THE PROJECT.

THIS PROJECT SEEKS TO AMEND THE EXISTING CUP ON THE PROPERTY.

PLANNING DID AN EXCELLENT JOB OF DESCRIBING THE DETAILS, SO I'LL TRY TO BE BRIEF.

THE VIGILUCCI STEAKHOUSE HAS BEEN SUCCESSFUL OPERATION FOR 22 YEARS.

IT HAS BECOME A CARLSBAD LANDMARK.

THE EXTERIOR PATIO THAT WE ARE DISCUSSING ORIGINALLY WAS BORN FROM COVID AS A SAFE SPACE DURING TUMULTUOUS TIMES FOR DINING FOR THE COMMUNITY.

IT WAS PERMITTED WITH THE CITY.

WE WORKED WITH THE CITY TO NOT ONLY PERMIT THE STRUCTURE DURING COVID, BUT EVEN TO GO THE EXTRA MILE IN TERMS OF STRUCTURAL SOUNDNESS AS WELL AS AESTHETICS.

OVER THE LAST THREE YEARS, THE PATIO HAS BEEN IMPROVED SEVERAL TIMES AND HAS BEEN ENJOYED BY THOUSANDS OF COMMUNITY MEMBERS.

WHERE ELSE IN OUR TOWN CAN YOU GO AND ENJOY THAT AMBIANCE? THE RESTAURANT CURRENTLY AND HAS OFFERED VALET SERVICES DURING LUNCH AND DINNER HOURS DAILY.

THERE CURRENTLY IS NO SELF-PARKING OPTION AT THE RESTAURANT.

THAT WAY MANY MORE CARS ARE ABLE TO FIT ON THE PROPERTY COMFORTABLY BASED ON THE TALENT OF THE VALET COMPANY.

PARKING AT THE RESTAURANT WITH THE PATIO IN PLACE HAS NOT BEEN AN ISSUE THAT I'M AWARE OF OVER THE LAST THREE-AND-A-HALF YEARS.

THERE'S A TALENTED VALET SERVICE THAT HAS BEEN ORGANIZING PARKING AT THE RESTAURANT FOR SOME 22 YEARS NOW AND IT'S BEEN THE SAME COMPANY.

DAVID HAPGOOD, THE OWNER OF PACIFIC COAST VALET AND HIS COMPANY HAD BEEN PROVIDING VALET SERVICES, LIKE I SAID, FOR 22 YEARS.

HE HAS EXPLAINED TO US IN TODAY'S TIMES THAT AS MUCH AS 30% OF THE RESTAURANT PATRONAGE AT THE STEAKHOUSE COMES DIRECTLY FROM RIDESHARE AND/OR FOOT TRAFFIC, WHICH ASSISTS OUR CAUSE.

MR. HAPGOOD IS HERE TONIGHT OBVIOUSLY.

AS PART OF THIS APPLICATION, THIS RESTAURANT ALSO NOW HAS A RECIPROCAL PARKING AGREEMENT IN PLACE WITH ANOTHER PROPERTY APPROXIMATELY ONE MILE FROM THE STEAKHOUSE.

VALET STAFF WILL EMPLOY A SHUTTLE SERVICE TO DROP OFF AND PICK UP PATRONS' CARS AT THE PARKING LOT.

THE VALET STAFF WILL BE MAKING RIGHT-HAND TURNS OUT OF THE VIGILUCCI'S DRIVEWAY AND I WILL LET DAVID SPEAK MORE ON THAT WHEN HE COMES UP.

THE USE OF THE OFF-SITE PARKING AREA REPRESENTS MAYBE THE FIRST CITY'S EXPERIENCED WITH THE JOINT USE OF ASPHALT IDEA.

A SUSTAINABILITY IDEA THAT REPRESENTS DIFFERENT USERS SHARING SEAS OF ASPHALT THROUGHOUT THE CITY AT DIFFERENT TIMES.

DURING THE EARLY STAGES OF OUR PROCESS, THERE WERE SEVERAL QUESTIONS AND CONCERNS RAISED ABOUT THE PROJECT BY NEIGHBORS AND OF COURSE THE PLANNING DEPARTMENT.

AGAIN, WE WORKED WITH THE CITY METHODICALLY TO TRY TO OVERCOME THOSE ISSUES.

THERE WAS A CONCERN ABOUT EMPLOYEES PARKING THROUGHOUT THE NEIGHBORHOOD.

WE'RE SENSITIVE TO THAT ISSUE AND THIS OFFSITE PROGRAM ELIMINATES THAT ISSUE, IF IT WAS AN ISSUE.

WE THOUGHT ABOUT THE BIKE LANE BEING COMPROMISED WITH AUTOMOBILES AND VALET COMING IN AND OUT OF THE RESTAURANT DRIVEWAY.

AGAIN, THE STRUCTURE IS APPROXIMATELY 30% SMALLER THAN THE EXISTING IS CURRENTLY.

IN ADDITION, THERE WILL BE LESS CARS IN THAT LOT AT ANY GIVEN TIME NOW, WHICH WILL ONLY SERVE TO IMPROVE THE MANEUVERABILITY OF THE ACTUAL SITE.

THIS CONCEPT ALSO APPLIES TO DELIVERIES ALTHOUGH MOST DELIVERIES OCCUR BEFORE THE HOURS OF THE RESTAURANT, SOME OCCURRED DURING THE DAY AND THIS WILL GREATLY IMPROVE THAT.

I WAS AT THE PROPERTY SUNDAY FOR JUST A FEW SHORT HOURS OBSERVING THE OPERATION IN PREPARATION FOR TONIGHT'S MEETING.

IN THAT TIMEFRAME, I NOTICED CARS PARKED ILLEGALLY IN THE BIKE LANE WITH DRIVERS GETTING OUT AND HEADING TO THE BEACH.

I HAVE PHOTOS OF THAT.

I ALSO NOTICED AMAZON VANS PARKED IN THE SAME BIKE LANE PUSHING BICYCLISTS OUT INTO TRAFFIC.

WE ARE WORKING HARD TO AVOID CONTRIBUTING TO THAT PROBLEM.

[01:15:05]

BUT AS THE NEIGHBORS HERE, WE HAVE TO UNDERSTAND THAT WE'RE NOT I BELIEVE THAT PROBLEM.

WE ARE COGNIZANT OF THE HEIGHT AND LOCATION OF THE STRUCTURE AS TO NOT IMPEDE THE TRAFFIC SIGNAL VIEW AND TO NOT CREATE ANY VISIBILITY ISSUES FOR MOTORISTS.

THE PATIO WAS CONSTRUCTED IN THE SPRING OF 2020.

WE HAD A COMMUNITY OUTREACH MEETING ON AUGUST 9TH, 2021.

THE CITY OF CARLSBAD GOES TO GREAT LENGTHS TO NOTIFY THE COMMUNITY ABOUT PROJECTS LIKE THIS IN ORDER TO GET FEEDBACK FROM COMMUNITY MEMBERS.

THERE WERE NINE NEIGHBORS IN ATTENDANCE IN THIS MEETING.

DURING THE LAST TWO YEARS OR SO, MY CONTACT INFORMATION HAS BEEN POSTED ON THE SIGNAGE OUT FRONT AND IN ALL THE CITY DOCUMENTATION, AS WELL AS MR. VIGILUCCI'S.

I DON'T THINK I GOT ONE SINGLE PHONE CALL FROM ANYONE ABOUT THE PROJECT.

LAST WEEK, APPROXIMATELY SEVEN DAYS BEFORE THIS MEETING WAS TO TAKE PLACE, I LEARNED OF A LOCAL NEIGHBORHOOD GATHERING OF 71 SIGNATURES OPPOSING THIS APPLICATION.

NOT ONE CALLED ME IN TWO YEARS.

BASED ON THE LACK OF COMMUNICATION THAT I RECEIVED FROM THE PUBLIC, I DIDN'T BELIEVE THAT IT WAS NECESSARY TO SOLICIT PUBLIC SUPPORT IN OUR CASE.

SO IN THE LAST FIVE DAYS, WE DID JUST THAT.

ROBY AND I REACHED OUT TO SEVERAL DIFFERENT PEOPLE, FRIENDS, FAMILY, COMMUNITY, NEIGHBORS, ETC, SEEKING SUPPORT.

I HAVE ABOUT 400 LETTERS.

I DIDN'T COUNT THEM AND I'M NOT GOING TO READ THEM, BUT THEY'RE ALL IN SUPPORT.

SOME FINAL NOTES BEFORE I INTRODUCE DAVID.

THERE HAVE NOT BEEN ANY CODE COMPLIANCE INVESTIGATIONS, ACCIDENTS OR INCIDENTS THAT I'M AWARE OF.

THE CARLSBAD POLICE DEPARTMENT DOES NOT HAVE ANY SAFETY CONCERNS WITH THE PROJECT.

AS ALREADY DISCUSSED, THIS APPLICATION, INCLUSIVE OF THE PARKING AGREEMENT, ALLEVIATES MANY OF THE CONCERNS BROUGHT FORTH OVER THE LAST SEVERAL DAYS.

THE PROPOSED STRUCTURE IS APPROXIMATELY 30% SMALLER THAN WHAT'S CURRENTLY STANDING THERE NOW.

WE HAVE NOT YET BEGUN TO IMPLEMENT THE OFF-SITE PARKING ARRANGEMENT AS A CONDITION OF THIS PERMIT APPLICATION.

ONCE IMPLEMENTED, WE WILL BE INSTALLING SIGNAGE AT OUR SPECIFIC PARKING SPACES AT THE OFFSITE LOCATION AND I ANTICIPATE PERSONALLY THE OPERATION BEING SUCCESS.

TO MY KNOWLEDGE, A CUP MUST BE RENEWED EVERY FIVE YEARS.

IN THE COURSE OF 22 YEARS, THE CITY HAS NOT DENIED THE RENEWAL OR REINSTATEMENT OF THE CUP TO ROBY VIGILUCCI.

WE HAVE THE UNIQUE OPPORTUNITY WITH THIS PROJECT TO ASSESS DATA AND UNDERSTAND HOW THIS PATIO AND THE RESTAURANT WILL ACTUALLY WORK, HOW IT WILL AFFECT PARKING, TRAFFIC, THE COMMUNITY, THE BIKE LANE, AND THE PATRONS BECAUSE IT'S BEEN THERE FOR THREE YEARS WITHOUT MAJOR INCIDENT.

I KNOW THAT THERE'S A LOT OF QUESTIONS ABOUT HOW THE VALET WILL ACTUALLY WORK AND THE HISTORY OF THE VALET BEING AT ROBY'S.

I INTRODUCE MR. DAVID HAPGOOD.

>> GOOD EVENING, COUNCIL MEMBERS.

JUST TO GIVE YOU A HISTORY OF OUR COMPANY.

[NOISE] PARDON ME. WE'VE BEEN PARKING FOR VIGILUCCI SINCE ITS OPENING.

WE STARTED OUR COMPANY IN 1990, DOWN IN ENCINITAS IN THE CARDIFF AREA WHERE WE WERE SUCCESSFUL WITH OFF-SITE PARKING SOLUTIONS.

WE USE SHUTTLE SYSTEMS FOR THE BEACH HOUSE IN THE DAY, CHARLIE'S. THE CHART HOUSE.

WE'VE ALSO DONE FOR THE LAST 25 YEARS, LACOSTE RESORT.

WE DID THE SUPER BOWL IN 2003, THE SAN DIEGO SYMPHONY.

RUTH'S CHRIS DOWNTOWN WHEN THEY HAD A PARKING PROBLEM, WE CAME UP WITH THE SOLUTION AND THAT WAS OFF-SITE PARKING.

SO WE'RE REAL FAMILIAR WITH THE PROBLEM AND WE'VE CORRECTED IT IN A LOT OF LOCATIONS.

THERE'S A FEW BUMPS AT THE BEGINNING, BUT IT'S ALL WORKED OUT OVER THE YEARS.

AT VIGILUCCI IN PARTICULAR, WE'VE HAD NO INCIDENTS.

WE'VE NEVER TAKING CARS OFFSITE.

WE'VE REHEARSED IT, BUT WE NEVER NEEDED TO DO THAT.

WITH SIZE OF THIS STRUCTURE BEING REDUCED, THAT'LL GIVE US THE ABILITY TO MOVE CARS IN AND OUT WITHOUT STOPPING THEM IN THE BIKE LANE.

MY EMPLOYEES DOWN THERE WHEN THERE'S PEOPLE IN THE BIKE LANE, WE DIRECT THEM TO UTILIZE THE PARKING ACROSS THE STREET AND WALK ACROSS.

WE TRY TO PRIORITIZE SENIOR CITIZENS,

[01:20:04]

WHICH I'M A MEMBER OF NOW AND PEOPLE GOING IN FOR DINNER, FOR SIT-DOWN DINNER, OR PEOPLE GOING IN FOR APPETIZERS AND DRINKS.

DEPENDING ON WHAT THEIR PLAN IS, WE MOVE THE CARS ACCORDINGLY.

IF THEY'RE IN FOR A LONG TERM DINNER, WE'LL MOVE THE CARS OVER TO THE CHURCH.

AS I MENTIONED EARLIER, WE GET A NOTIFICATION BY THE SERVER THEY COME OUT.

AT PACIFIC COAST GRILL WE USED A LITTLE COMPUTER AND IT WOULD PUNCH UP THE TICKET NUMBER.

WE'D RETRIEVE THE CAR ALL THE WAY UP OFF CHESTERFIELD IN CARDIFF AND RETURN THE CAR IN A TIMELY FASHION SO PEOPLE DIDN'T HAVE TO WAIT AND IT DIDN'T INTERFERE WITH THE FLOW OF TRAFFIC.

MY TAKE ON ALL THIS IS THAT WITH THE VALETS THERE AND WITH THE ADDITIONAL OFF-SITE PARKING, WE CAN DO THIS WITHOUT ANY PROBLEMS WHATSOEVER. ANY QUESTIONS?

>> THANK YOU FOR THAT PRESENTATION.

ARE THERE ANY CLARIFYING QUESTIONS OF THE APPLICANT? COMMISSIONER STINE.

>> YES, SIR. I'M SORRY, I DIDN'T GET YOUR NAME AGAIN.

>> DAVID HAPGOOD.

>> HAPGOOD?

>> YES, SIR.

>> OKAY MR. HAPGOOD. I AM FAMILIAR WITH THE PACIFIC COAST SCROLL DOWN IN CARDIFF AND THE VALET SYSTEM I USED THAT BEFORE.

IS MY UNDERSTANDING FOR THAT SYSTEM THAT SOMETIMES YOU HAVE TO TAKE VEHICLES A CONSIDERABLE DISTANCE TO PARK AND THEN BRING THEM BACK WHEN THE GUEST IS READY TO LEAVE THE RESTAURANT?

>> YES, SIR. IN SOME INSTANCES UP TO A MILE AND A HALF, WHICH IS HALF THE TIME, MORE DISTANCE AND THE CHURCH THAT WE'RE PROPOSING.

>> I SEE. BECAUSE WE'RE TALKING HERE NINE TENTHS OR MILE SO MY ALMOST A MILE.

>> RIGHT.

>> AS FAR AS YOU CAN TELL, THAT SEEMS TO WORK PRETTY WELL.

>> IT WORKS REALLY WELL. IT GETS PEOPLE AND THEY WANT TO ENJOY THE RESTAURANT AND PEOPLE DON'T WAIT VERY LONG.

WE HAVE A SYSTEM DOWN.

THAT'S HOW WE FOUNDED OUR COMPANY WITH OFF-SITE PARKING SOLUTIONS.

THAT'S WHY WE'VE BEEN SUCCESSFUL.

>> LET'S TALK ABOUT BIG VIGILUCCI'S HERE IN CARLSBAD, THE PROJECT BEFORE US.

WITHOUT THE OFF-SITE PARKING AT THE CHURCH AS PROPOSED, WHERE DO YOU PARK THESE CARS? DO YOU JUST LOOK FOR OPEN SPACE ALONG THE CURBING AREA.

WHAT DO YOUR EMPLOYEES DO WHEN THEY'RE LOOKING FOR AN OFF-SITE PARKING PLACE?

>> WE DON'T PARK OFF SITE CURRENTLY.

WE TAKE PEOPLE IN THAT HAVE RESERVATIONS AND WE MOVE THEM IN AND OUT.

THERE IS NO OFF-SITE PARKING AND QUITE FRANKLY, THERE HASN'T BEEN A BIG NEED FOR IT BECAUSE A LOT OF PEOPLE COME IN BY FOOT, THEY WALK IN OR RIDE SHARE, AND THAT CUT DOWN THE AMOUNT OF CARS THAT WE PARKED DRAMATICALLY WHEN PEOPLE STARTED RIDING IN RIDE SHARE.

>> THE CURRENT LOT ACCOMMODATES THE USAGE CURRENTLY ADDING 1,900 SQUARE FOOT PATIO, RIGHT?

>> YES, SIR.

>> THE PROPOSAL IS TO REDUCE THAT BY 500 SQUARE FEET, IS THAT RIGHT?

>> CORRECT.

>> THEN MY OBVIOUS QUESTION IS, WHY DO YOU NEED THE CHURCH VENUE IF RIGHT NOW FOR IN LARGER PATIO, IT SEEMS TO WORK ON-SITE.

WHY DO YOU NEED TO TAKE CARS OUT TO A CHURCH, IT'S ABOUT A MILE AWAY?

>> I HAVEN'T FOUND THE NEED FOR IT.

>> IT'S A REQUIREMENT BASED ON OUR APPLICATION FOR A PERMANENT STRUCTURE. WE HAVE TO HAVE IT.

>> WE REQUIRE THOSE 18 ADDITIONAL SPACE.

>> I SEE. BUT AS A PRACTICAL MATTER, IT HASN'T BEEN USED AND NEEDED FOR A PATIO THAT'S 1,900 SQUARE FEET.

THAT'S BEEN THERE FOR SINCE 2021, I BELIEVE?

>> YES, SIR.

>> NOW WE'RE IN 2023 AND YOU DON'T BELIEVE THAT PARTICULARLY WITH IT HAVING A SMALLER AREA THAT YOU'RE GOING TO NEED VERY OFTEN THE CHURCH PARKING ABOUT A MILE AWAY. IS THAT RIGHT?

>> THAT'S CORRECT.

>> [OVERLAPPING] FOR THE RECORD, COULD YOU PLEASE SPEAK INTO THE MICROPHONE?

>> SORRY. EVEN IF IT'S NOT NEEDED, THE FACT OF ITS SOLVING THE ISSUE WITH THE EMPLOYEES IS WORTH ITS WEIGHT IN GOLD.

BECAUSE RIGHT NOW THE EMPLOYEES DO NOT PARK IN THAT LOT, I DON'T KNOW WHERE THEY PARK, BUT JUST HAVING THEM OUT OF THE NEIGHBORHOOD IS WORTH ITS WEIGHT IN GOLD.

>> THIS WILL FACILITATE NOT JUST GUESTS PARKING ON A NEEDS BASIS, YOU HAVE A REAL BUSY NIGHT, BUT ALSO ON A REGULAR BASIS, ACCOMMODATE EMPLOYEE PARKING STRUCTURE.

>> THAT'S THE WAY WE SEE IT, CORRECT.

>> THANK YOU.

>> ANY OTHER QUESTIONS OF THE APPLICANT? COMMISSIONER HUBINGER.

>>I DON'T KNOW IF I HAVE QUESTIONS, BUT I'M VISUALIZING THIS A SURGE CAPACITY.

YOU GET YOU GET AN ONGOING STATE, YOU'VE BEEN MANAGING THE ONGOING STATE BUT IF YOU GET

[01:25:03]

SUPER BUSY AND YOU HAVE TO HAVE THE ABILITY TO GO SOME PLACE WITH IT, NOT TO DISAPPOINT ANY CUSTOMERS OR WHATEVER.

THIS IS SURGE CAPACITY TO TAKE CARE OF THAT.

>> THEN WE CAN INITIATE THE PLAN TO MOVE TO THE CHURCH.

>> ONE THING I ALSO WANTED TO ADD GUYS, AND IT'S OUT OF CONTEXT.

THERE IS AN OFFSET IN SQUARE FOOTAGE, WITH THIS PERMANENT APPLICATION, WE ARE REQUIRED TO DO OTHER ITEMS FOR SPECIFICALLY, WE NEED TO ADD MORE RESTROOMS TO THE FACILITY.

ONCE WE ADD MORE RESTROOMS, I HAVE TO PUT THEM IN A PLACE RIGHT NOW IS THE BANQUET ROOM.

THE BANQUET ROOM IS NO LONGER GOING TO BE A BANQUET ROOMS, SO THERE'S A DECREASE IN SEATING INSIDE THE EXISTING BUILDING AS WE MOVE FORWARD WITH THE PROPOSED PATIO.

JUST WANTED TO MAKE SURE THAT WAS IN THERE.

>> COMMISSIONER LAFFERTY.

>> I'D LIKE TO TALK ABOUT THAT JUST A LITTLE BIT.

YOU'RE DECREASING THE INTERIOR CAPACITY BASED ON THE RESTROOMS THAT YOU'RE CREATING.

BUT MY CONCERN OR QUESTION AND I ASKED THE CITY ABOUT THIS.

HOW WOULD YOU QUANTIFY THIS AS COMPATIBLE WITH THE EXISTING STRUCTURE, THE NEW STRUCTURE?

>> WELL, I THINK OUR GOAL WAS TO MATCH THE COLORS, TEXTURES, PROPORTIONS, AND SIZE OF WHAT'S THERE.

THERE'S A PICTURE OF A BLACK STANDING SEAM ROOF.

TO BE HONEST WITH YOU, I'M NOT MARRIED TO A BLACK STANDING SEAM ROOF IF THE COMMISSION FEELS SOMETHING ELSE WOULD BE MORE TASTEFUL FOR THE PROJECT.

BUT WE DID MAKE THE EFFORTS TO, FROM AN AESTHETIC POINT OF VIEW, MATCH THE BUILDING THAT'S ON-SITE.

>> LIKE I SAID, IT SEEMS TO ME THERE'S A LITTLE BIT OF DISCREPANCY.

IT LOOKS MORE LIKE THE TEMPORARY STRUCTURE THAN IT DOES ACTUALLY THE PERMANENT STRUCTURE THAT EXISTS ON THE SITE.

THAT'S REALLY MY CONCERN AND ALSO ADDRESSING THAT CORNER.

HOW IS IT GOING TO BE CLOSED OFF? ARE YOU GOING TO HAVE SOME GARAGE DOORS OR IS IT GOING TO BE WITH THE METAL ROOF OR WHAT'S THE INTENT FOR THAT PATIO AS FAR AS SECURING IT WHEN THERE ISN'T SOMEONE?

>> SIMILAR TO WHAT'S THERE NOW.

TO ANSWER YOUR QUESTION FROM EARLIER DIFFERENCE BETWEEN TEMPORARY AND PROPOSED, THE PROPOSED STRUCTURE BEING PERMANENT, FOOTINGS, FOUNDATIONS, SLAB, SHEAR VALUE, STRUCTURAL VALUE, A HARD ROOF NOT A FABRIC ROOF.

THOSE ARE JUST A COUPLE OF ITEMS THAT COME TO MY MIND.

WE STILL INTEND FOR THE PATIO TO BE AN OPEN PATIO.

IT'S NOT CONDITIONED SPACE.

WE'RE NOT ADDING CONDITIONED SPACE.

THE SIDES WILL REMAIN OPEN AS YOU SEE THEM TODAY.

>> BECAUSE I PULLED UP THE IMAGE FROM GOOGLE MAPS AND IT HAS THIS PLASTIC OVER IT AND I JUST WONDERED, IS IT GOING TO LOOK LIKE THAT OR IS IT GOING TO BE?

>> WE DO NOT HAVE INTENTIONS OF PUTTING UP PLASTIC.

IF FINANCES PERMIT, WE COULD DO SOME ACCORDION DOOR SYSTEM, SOMETHING ALONG THAT LINE.

I DON'T KNOW IF YOU GUYS HAVE BEEN DOWN AT THE MAIN INTERSECTION OF DEL MAR, BUT I JUST FINISHED BUILDING A PAVILION THERE AT THE RIGHT IN THE HEART OF DEL MAR WITH THE ACCORDION DOOR SYSTEM.

I ENVISIONED VIGILUCCI'S TO BE SIMILAR IN NATURE TO THAT BUILDING.

>> ACTUALLY, I WAS GOING TO TALK ABOUT THAT BECAUSE THE BRINGING TEEN AND DEL MAR, CAROLINE'S IN DER MAR EVEN IN CARLSBAD HERE FRESCOES AND PARK 101, THEY'VE REALLY CREATED THESE REALLY NICE OPEN PATIOS.

ESPECIALLY CAROLINE'S, I LIKED IT SO MUCH.

I TOOK THIS PICTURE OF IT TO SHOW YOU HOW NEAT THAT STRUCTURE IS OVERLOOKING THE BEACH.

WE HAVE A REALLY NICE OPPORTUNITY TO DO SOMETHING REALLY BEAUTIFUL AT THIS LOCATION.

I ACTUALLY TEND TO THINK THAT WE SHOULD BE LOOKING AT THESE BEAUTIFUL STRUCTURES AND THIS REALLY PROMINENT CORNER.

THAT'S THE GATEWAY TO OUR BEACH AND COMMUNITY.

THAT'S WHY THE BIG BLACK ROOF JUST WAS A CONCERN TO ME AND I'M WONDERING HOW IT COULD BE MAYBE OBVIOUSLY STILL.

I WANT TO HAVE IT VIABLE FOR THE RESTAURANT OWNER, OF COURSE.

BUT I THINK HAVING A BEAUTIFUL STRUCTURE THERE WOULD ATTRACT MORE PATRONS AND REALLY ACTIVATE THAT CORNER.

WE'RE CONCERNED THAT MAYBE THIS TEMPORARY BUILDING IS NOT SO INVITING AND THE WHOLE POINT IS TO BE INVITING IN THAT LOCATION.

I HOPE THAT THOSE ARE CONSIDERATIONS THAT YOU'VE HAD.

I AM CONCERNED WITH THE COMPATIBILITY OF THE BIG BLACK ROOF.

BUT I KNOW THAT SOUNDS LIKE YOU'VE GOT ALL THE PARKING COVERED AND I THINK THAT THAT'S WONDERFUL THAT YOU'RE LOOKING TO THOSE ALTERNATE SOLUTIONS.

WHAT DID YOU CALL IT WHEN YOU CALLED IT, SUSTAINABLE? TO PARK OFF SITE?

>> THAT WAS THE JOINT USE

[01:30:03]

OF ASPHALT THAT I KNOW HAS BEEN BOUNCED AROUND FROM TIME TO TIME.

IT'S BASICALLY, WE HAVE IN CERTAIN AREAS C'S OF ASPHALT THAT ARE USED MINIMALLY, JUST BASED ON THE USE OF WHATEVER THEY'RE SERVING.

THIS CAN BE MAYBE THE CITY'S FIRST ATTEMPT AT EXPLORING THAT.

>> BECAUSE IF WE ACTUALLY WERE REQUIRING YOU TO CREATE A PARKING STRUCTURE OF ANY SORT, IT'D BE 35 FEET BECAUSE THAT'S THE MINIMUM, IT WOULD BE ALLOWED.

THAT WOULD BE CERTAINLY MUCH DIFFERENT THAN WHAT WE'RE TALKING ABOUT.

>> NOT ONLY THAT, BUT FROM A SUSTAINABILITY POINT OF VIEW, WE'RE NOT OUT POURING ASPHALT ON TO SOME OTHER PIECE OF LAND THAT WE HAD PURCHASED.

WE'RE USING AN EXISTING SITE THAT DURING OUR HOURS MAY NOT BE USED.

>> WELL, AND THAT'S WHY I'M ACTUALLY VERY HAPPY THAT PARKING ON THAT REALLY PROMINENT CORNER IS BEING UTILIZED FOR PATRONS, A RESTAURANT.

BUT I DIDN'T SEE REALLY ANY PUSHING IT TO BE ABLE TO ALLOW THAT SIDEWALK CAFE THING HAPPENING.

CERTAINLY THE PATIO STRUCTURE THAT'S ON THE EXISTING BUILDING HAS A LOT OF REALLY GOOD STREET FRONTAGE WITH THE WAY IT'S ORIENTED, BUT THIS ONE SEEMS MUCH MORE CLOSED OFF.

THAT'S WHAT I'M AFRAID THIS OTHER THIS NEW STRUCTURE MIGHT BE AND I'D RATHER NOT SEE IT AS CLOSED OFF, I'D LIKE TO SEE IT MUCH MORE IN KEEPING WITH THE REST OF THE BUILDING.

WILL THAT INVOLVE A LITTLE MORE IN THE BUILDING PERMITTING FACE.

>>YEAH. ESPECIALLY FROM THE CIVIL POINT OF VIEW BECAUSE WE HAVE QUITE A LITTLE BIT OF A GREAT CHANGE RIGHT IN THAT LOCATION.

>> BECAUSE IT'S GOING TO BE ON PLATFORMS, CORRECT?

>> CORRECT. RIGHT NOW IT'S ON THREE LEVELS, WERE ESSENTIALLY ELIMINATING ONE OF THE LEVELS SO IT'S GOING TO BE ON LEVELS.

>> WELL, IF IT COULD LIGHTEN UP JUST A LITTLE BIT [LAUGHTER], THAT WOULD BE MY HOPE. THANK YOU.

>> UNDERSTOOD. THANK YOU.

>> ANY OTHER QUESTIONS FOR THE APPLICANT? I HAD A FEW BECAUSE ANYONE ELSE DID.

QUESTION I HAVE IS, MENTION PLEASE, HOW MANY EMPLOYEES ON AVERAGE ARE DEAN PARKING PLACES AT THIS LOCATION?

>> I CAN'T ANSWER THAT. [LAUGHTER]

>> HOW MANY PEOPLE WORK THERE APPROXIMATELY 30 TO 15?

>> AROUND 30. IT'S THIRTY.

>> OKAY. ANY OTHER QUESTIONS.

WHAT HAPPENS WHEN, YOU'VE MENTIONED THERE'S NO OFF STREET, MR. HOPKINS, YOU MENTIONED THERE'S NO OFF STREET PARKING, SO WHAT HAPPENS WHEN ON A BUSY NIGHT SAY SATURDAY NIGHT, WHEN THAT LOT IS FULL, DO WE PUT A SIGN THAT SAYS A VALET LOT IS FULL OR WHAT HAPPENS AT THAT POINT IN TIME?

>> WE'VE BEEN USING A LOT FULL SIGN AND WE TAKE RESERVATIONS.

>> YOU MAX OUT TO LIKE TWENTY EIGHT SPACES, BUT LOTS FULL AND THEN NO ONE ELSE CAN, THEN THAT'S IT FOR THE VALLEY, WE'RE DONE?

>> THERE'S A PARKING POOL, WHEN GUESTS LEAVE, A SPOT OPENS UP FOR SOMEONE IN.

MY GUYS SUGGESTS THAT RESERVATIONS GO AROUND THE BLOCK AND SELL THEM VERY SELDOM AND THEN TO USE THE PARKING LOT ACROSS THE STREET AT THE BEACH, AND THEY WALK ACROSS.

>> BECAUSE FOR ME MY MATH, THAT IF YOU LOOK BACK TO THE ORIGINAL CUP, THEIRS FIFTY SEVEN REQUIRED SPACES, NOW, YOU SAY THAT THERE'S EIGHTEEN ADDITIONAL, SO THAT'S A TOTAL OF SEVENTY FIVE SPACES, AND WE LOOK AT APPROXIMATELY THIRTY EMPLOYEES, SO LET'S JUST SAY TWENTY MORE CARS, THAT'S ABOUT A HUNDRED CARS.

I GUESS THE QUESTION I HAVE IS, YOU'VE SAID, WE DON'T REALLY THINK WE'RE GOING TO NEED THE NEW SONG LOCATION BOTH OF YOU SEEM TO SAY THAT.

>> WE HAVEN'T NEEDED IT SO FAR.

>> THE REASON YOU HAVEN'T NEEDED IS SO FAR BECAUSE THE PATH OF LEAST RESISTANCE WHEN THE LOT IS FULL OR IN POLICING SPACE, THEY JUST PARK ON THE STREET. IS THAT CORRECT?

>> I HAVE NO IDEA WHERE THEY PARK.

WE DIRECT THEM TO THE FREE PARKING ACROSS THE STREET.

THAT'S WHERE WE TELL PATRONS.

A LOT OF THEM TAKE OUR ADVICE AND PARK AND WALK OVER.

>> THAT'S MY POINT, SO I GUESS THE POINT I'M TRYING TO MAKE IS THAT IN MY WORLD, WE DEAL WITH CONDITIONAL USE PERMITS AND I THINK IT'S THE ISSUE OF SOMETHING HAS TO GIVE.

THE LOTS FULL, YOU HAVE THIRTY EMPLOYEES, AND WHAT GIVES IS THAT PEOPLE PARK ON THE STREET OR ACROSS STREET THE STATE PARKING LOT, WOULD YOU SAY IT'S CORRECT?

>> YES, I WOULD.

>> THEN WOULD YOU SAY IT'S CORRECT, AND EVEN THOUGH WE'RE GOING THROUGH THIS THING WITH NEW SONG, THAT REALITY IS THE PATH OF LEAST RESISTANCE IS TO NOT NEWS YOUR SONG BUT SAY,

[01:35:04]

HEY, WE KNOW ACCORDING TO THIS REPORT, WE ONLY NEED EIGHTEEN MORE PARKING PLACES.

WELL, WHY NOT JUST FORGET ABOUT DOING THE TRANSEPT.

WE DON'T REALLY NEED IT, AND JUST LET THOSE PEOPLE PARK ON THE STREET.

WHAT'S EIGHTEEN MORE SPACES. COMMISSIONER MEENES?

>> YEAH, I THINK I WANT TO ADD AT THIS POINT IN TIME, STAFFERS REQUIRING THE APPLICANT TO HAVE THAT ADDITIONAL PARKING AT THE CHURCH AND THE REASON WHY IS THAT THE CURRENT SITUATION REGARDING EMPLOYEES, THEY WILL BE REQUIRED TO GO AND USE THE CHURCH AND VALET THEM BACK TO THE RESTAURANT, SO THE ISSUE IN REGARD TO PARKING ON THE STREET WILL NOT NECESSARILY OCCUR BECAUSE THE APPLICANT IS GOING TO REQUIRE THE EMPLOYEES TO USE THE CHURCH PARKING INTERESTED, AS WELL AS NOT ONLY THAT, BUT TO HAVE THE ABILITY TO HAVE ADDITIONAL GUESTS BE ABLE TO HAVE PARKING AVAILABLE AT THE CHURCH AS WELL, SO THAT'S THE REASON WHY STAFF IS REQUIRING THAT.

>> I UNDERSTAND AND I APPRECIATE THAT COMMISSIONER MEENES.

I APPRECIATE THAT CLARIFICATION.

I GUESS THE ISSUE I'M MAKING IS THAT WE'VE TALKED TO EARLIER.

THE QUESTION WAS, HOW DO YOU ENFORCE THE TERMS OF A CUP AND WHO MAKES SURE THAT IT ACTUALLY HAPPENS, AND ALSO TWO, IT DEPENDS UPON AN AGREEMENT WITH NEW SONG THAT'S ACCEPTABLE TO SEE, WHICH SO FAR WE DON'T HAVE.

THE OTHER QUESTION I HAVE, AND THIS IS A POINT OF CLARIFICATION.

THERE'S TWO COMPETING TERMS THAT HAVE OCCURRED, ONE BY THE APPLICANT AND ONE BY THE LETTERS.

WONDER SAYING THAT IT'S A REDUCTION.

WE'RE REDUCING FROM 1900-1400 FEET, BUT IN REALITY, THE OTHER LETTER SAYS, ACTUALLY IT'S AN EXPANSION AND I GUESS I'D LIKE THE APPLICANT TO REPLY THAT BECAUSE IT LOOKS LIKE WHEN IN 2004 IT SAID WE'VE GOT A SENSITIVE ISSUE WITH PARKING.

WE HAVE FIFTY-SEVEN SPACES ARE NEEDED.

THE APPLICANT AGREE WITH THAT.

THEY UNDERSTOOD THAT AT THE POINT IN TIME.

NOW, COVID ALLOWED THEM TO BUILD 1,900 SQUARE FEET.

IT SEEMS LIKE THIS IS NOT REALLY A REDUCTION, BUT THIS IS AN EXPANSION.

WE'VE HAD ORIGINALLY THE PROPERTY WAS PURCHASED, THE ORIGINAL CONDITIONAL USE PERMIT WAS DONE.

THEY HAD AN EXPECTATION, THIS IS THE MAX THAT WE CAN DO ON, WELL NOW WITH COVID, THEY WERE ABLE TO BUILD A PATIO, MAYBE ARE DUE SOUTH LITTLE BIT, BUT IT STRIKES ME NOT AS REDUCTION, BUT AS AN EXPANSION.

>> EXCUSE ME, PETER MERZ IF I CAN MAKE A CLARIFICATION ON ONE ASPECT, AND IT'S A TABLE THAT'S IN OUR STAFF REPORT ON PAGE 80, BECAUSE YOU'VE USED THIS NUMBER 57 A COUPLE OF TIMES, SO A BRAND NEW RESTAURANT IN THIS LOCATION WOULD HAVE REQUIRED FIFTY-SEVEN PARKING SPACES.

THE ORIGINAL CONDITIONAL USE PERMIT ALREADY APPROVED A PARKING REDUCTION, SO THEY WERE ALLOWED TO OPERATE WITH TWENTY-ONE ONSITE AND TWENTY-EIGHT ON-SITE VALET SPACES AND SO THERE NEVER WAS FIFTY-SEVEN SPACES APPROVED AND SO WE'RE FACTORING THAT INTO OUR DECISION THERE, SO I JUST WANTED TO MAKE SURE THAT WAS CLEAR.

>> I GUESS I'M JUST TRYING TO HIGHLIGHT THIS.

WE'VE GOT ONE SAME REDUCTION, AND PEOPLE WHO'VE SIGNED PETITIONS, SAINTS EXPANSION IS IT DOESN'T SEEM LIKE IT'S A COVID, I HATE YOU SORT OF CRETE BECOME AN EXPANSION. COULD YOU COMMENT ON THAT?

>> YEAH, IF YOU ROLL BACK PRE-COVID, IT IS AN EXPANSION AT 1,400 FEET MINUS WHATEVER WE TAKE AWAY OUT OF THE BANQUET ROOM, ETC.

THERE'S ALSO ANOTHER COMMENT NON-RELATED THAT I WANTED TO TOUCH ON IS, IN TERMS OF POLICING A CUP, AND AGAIN, THIS IS JUST MY OPINION.

IF THIS MOTION GETS APPROVED, THERE'S GOING TO BE SOME SUBSTANTIAL COSTS TO BUILD THIS STRUCTURE.

I THINK IF ANYONE, ROBY, VISUAL LITERACY WILL BE VERY INTERESTED IN POLICING THE CUP BY HIMSELF TO MAKE SURE THAT THE CITY IS HAPPY.

>> I APPRECIATE YOU ANSWER THE QUESTION. I KNOW SOMETIMES I PUSH A LITTLE HARDER MY QUESTIONS, BUT I APPRECIATE YOU ANSWERING THEM.

>> NO PROBLEM.

>> THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONER STINE.

>> YES, TWO QUICK FOLLOW-UP QUESTIONS, AND ONE YOU MAY HAVE MENTIONED BEFORE, BUT I DIDN'T WRITE IT DOWN.

IN GOING FROM 1910-1401 SQUARE FEET, HOW MANY ADDITIONAL PARKING SPACES ARE YOU ALLOWING FOR ONSITE BY DOING THAT, JUST MAKING THAT CHANGE?

>> JUST MAKING THAT CHANGE, I THINK THE NUMBER YOU'RE LOOKING FOR IS THREE.

HOWEVER, REALLY THE MAIN FOCUS OF THAT CHANGE WAS THE MANEUVERABILITY FOR THE VALET STAFF.

>> THREE ADDITIONAL AND IT'S PART OF THE NORMAL OPERATIONS, IF THIS IS APPROVED, ALL STAFF MEMBERS ARE GOING TO BE REGARDLESS OF WHAT TIME OF DAY IT IS, THEY'RE GOING TO BE ASKED TO PARK IN THE CHURCH PARKING LOT AND THEY'RE GOING TO BE SHOVELED OVER TO THE GOLGI. IS THAT RIGHT?

>> AS LONG AS THE SHUTTLE AND YOU CAN PROBABLY ANSWER THIS BETTER,

[01:40:02]

BUT AS LONG AS THE CHURCH PARKING LOT IS AN OPERATION, THEN THAT WILL BE THE CASE IF THERE'S A SLOW DAY AT LUNCH AND I DON'T KNOW THAT THAT HAPPENS, BUT THERE'S ELEVEN SPACES OPEN IN THE LOT AND SOMEBODY SHOWS UP TO WORK, I WOULD IMAGINE THEY'LL PARK THERE, BUT THE GOAL FOR US IS TO PROVIDE THE PARKING THAT'S REQUIRED FOR THIS PROJECT, BUT ALSO TO TRY TO SERVE THE COMMUNITY WITH THE CONCERNS THAT WE'RE AWARE OF.

WE KNOW THAT ONE OF THE CONCERNS IS EMPLOYEE PARKING AND WE'RE TRYING TO BE SENSITIVE TO THAT TO REQUIRE THEM THE PARKING AT LOT.

>> MY UNDERSTANDING IF THE LOT FULL, AN EMPLOYEE IS LOOKING FOR SOME PLACE TO PARK TO GO TO WORK, THEN HE OR SHE WOULD BE PARKING IN THE CHURCH PARKING LOT IN VALET OVER.

>> THAT'S OUR EXPECTATION.

>> WOULDN'T BE ADDING THAT THE EMPLOYEE HAS TO FIND A PLACE TO PARK, HE OR SHE'S GOING TO GO FOR STREET PARKING AND TAKING UP MORE SPACES, WE HOPE TO AVOID THAT.

>> THAT'S OUR INTENTION.

>> OKAY. FINAL REAL QUICK.

GIVE ME SOME SENSE OF THE REASONING OF GOING FROM 1910-1401.

WHY NOT MAKE IT SMALLER, WHY MAKE IT A THOUSAND SQUARE FEET? WHY DID YOU DECIDE TO GO TO THE 1401?

>> THE ORIGINAL PROJECT INTENDED TO TRY TO KEEP SOME OF THE FOOTPRINT THAT WAS THERE FOR A NUMBER OF REASONS.

I THINK WE'VE GONE PAST THAT, BUT AS OF RIGHT NOW, TODAY, THE PATIO IS BROKEN INTO THREE SECTIONS, BASED ON GRADE.

WE ELIMINATED THE THIRD SECTION JUST TO GET TO THE THREE EXTRA PARKING SPACES AND THE MANEUVERABILITY AND WE FELT THAT NUMBER ONE, WE REDUCED ENOUGH IN ORDER TO GET TO REACH OUR GOALS WITH A FEW MORE SPACES AND THE MANEUVERABILITY, AND WE STILL MAXIMIZED THE DINING AREA, WHICH OF COURSE WE'RE LOOKING FOR.

>> BUT THE WHOLE STRUCTURE THAT'S OUT THERE RIGHT NOW IS GOING GO GO AWAY.

>> CORRECT.

>> YOU'RE TALKING ABOUT C-SECTIONS, SO AND THEN YOU'RE GOING TO BE PUTTING IN A NEW STRUCTURE THAT'S GOING TO BE ROUGHLY 500 SQUARE FEET SHORTER AND SMALLER.

>> THAT'S CORRECT. THE EXISTING PATIO WILL BE DEMOLISHED AS PART OF THIS PROJECT.

>> GOOD. GOT IT. THANK YOU, SIR.

>> ANY MORE QUESTIONS SAY AFTERNOON? THANK YOU VERY MUCH.

I THINK NOW WE'LL OPEN PUBLIC TESTIMONY.

I'M THINKING WE'VE GOT 15 SPEAKER SLIPS.

I THINK MAYBE WE'LL DO LIKE THREE SPEAKERS AND MAY TAKE A FIVE-MINUTE BREAK.

I KNOW I'VE BEEN SITTING HIM FOR ABOUT AN HOUR, 45 MINUTES, SO I WON'T GO THROUGH THE FIRST THREE AND THEN WE'LL GO AHEAD AND TAKE A FIVE-MINUTE BREAK, SO ONE CAN STRETCH YOUR LEGS A LITTLE BIT AND GET A DRINK OR USE THE RESTROOM.

IF ANYONE HASN'T FILED A SPEAKER SLIP, WELL, IT'S TOO LATE SORRY.

[OVERLAPPING] YEAH, SORRY.

AS THE FIRST SPEAKER APPROACHES A PORDIUM, LET ME EXPLAIN THE COMMISSION'S PROCEDURE FOR PUBLIC TESTIMONY.

EACH SPEAKER HAS THREE MINUTES TO MAKE THEIR COMMENTS TO HELP SPEAKERS STAY WITHIN THE TIME LIMIT MINUTES CLERK WILL ACTIVATE THE LIGHTED TIMER.

A GREEN LIGHT MEANS SPEAK.

YELLOW MEANS YOU HAVE ONE MINUTE REMAINING AND BLINKING RED LIGHT MEANS YOUR TIME HAS EXPIRED.

PLEASE ADDRESS YOUR COMMENTS TO THE COMMISSION, NOT TO THE STAFF, THE APPLICANT, OR THE PUBLIC.

AFTER WE RECEIVED ALL TESTIMONY FROM EVERYONE WHO WISHES TO SPEAK, WILL ASK THE APPROPRIATE PERSON TO RESPOND TO ALL QUESTIONS.

PLEASE SPEAK INTO THE MIKE CLEARLY, STATE AND SPELL YOUR LAST NAME AND GIVE US YOUR ADDRESS FOR THE RECORD.

THE FIRST SPEAKER OR YOU'LL.

[OVERLAPPING].

>> BUT ALSO FOR THE RECORD, I WOULD LIKE TO NOTE THAT RUTH HERFURTH LEFT A COMMENT AN OPPOSITION TO THE MEASURE OR TO THE RESOLUTIONS AND IN SUPPORT OF THE RESOLUTION, JULIE AND ROGER CUNNINGHAM, RANDY HICKSON, TONY PATEL, RICK ROBERTA, AND JOHN FELICITAS.

NOW I'LL CALL PEOPLE UP THREE AT A TIME IF YOU WANT TO LINE UP BEHIND THE LECTERN.

THE FIRST THREE TO SPEAK ARE DANA SIOOS, PASTOR MARK CUBAN, OR KUHN, AND MIKE CROWLEY.

>> AFTER THIS THIRD SPEAKER AND WE'LL JUST TAKE A QUICK TWO MINUTE BREAK.

>> MY NAME IS DANA SIOOS S-I-O-O-S AND MY ADDRESS 729 BUENA TIERRA WAY UNIT 351 OCEANSIDE, CALIFORNIA 92057.

I AM THE EXECUTIVE CHEF AT VIGILUCCI'S UCI SEAFOOD & STEAKHOUSE, AND I AM PROUD TO SAY THAT I'VE BEEN WITH THIS RESTAURANT GROUP FOR 15 YEARS.

I WOULD LIKE TO THANK YOU FOR ALLOWING ME TO SPEAK TODAY ON BEHALF OF MY EMPLOYEES.

[01:45:01]

I'M HERE TO ASK FOR YOUR FULL SUPPORT AND MAKING OUR TEMPORARY PATIO PERMANENT.

IT'S VERY EASY FOR ME TO SPEAK TO YOU ABOUT ROBY VIGILUCCI THE RESTAURANT OWNER.

HE CARES ABOUT HIS EMPLOYEES.

HE'S COMPASSIONATE ABOUT HIS BUSINESS AND HE IS A SHINING EXAMPLE OF SOMEONE WHO WORKS HARD EVERY DAY TO BE THE BEST IN THE INDUSTRY.

ROBY IS AN UPSTANDING MEMBER OF THIS COMMUNITY.

MANY OF YOU IN THIS ROOM ARE FAMILIAR WITH HIM BECAUSE OF HIS CONTINUAL PHILANTHROPY AND EXCESS OF CHARITABLE DONATIONS.

HE MAKES ANNUALLY TO HELP EVERYONE IN NEED IN THIS COMMUNITY AND THE SURROUNDING AREAS.

HE'S AN INSPIRATION TO ME PERSONALLY AS A CHEF AND AN INSPIRATION TO MANY PEOPLE WHO DON'T WORK FOR HIM.

WHILE I COULD GO ON AND ON ABOUT ROBY, THE HEART AND FACE IT VIGILUCCI'S.

I WOULD LIKE TO TELL YOU ABOUT THE EMPLOYEES IN OUR COMPANY THAT YOU DON'T SEE.

THE KITCHEN TEAM BEHIND THE WALL, THAT MAKES THE MAGIC HAPPEN.

I'VE BEEN FORTUNATE ENOUGH TO BUILD THE KITCHEN STAFF THAT EMBODIES THE PASSION AND LOVE OF CUISINE THAT OUR CUSTOMERS HAVE COME TO KNOW AND EXPECT.

IN ORDER TO WORK IN OUR KITCHENS, YOU MUST HAVE A STRONG WORK ETHIC, BELIEVE IN A STANDARD OF EXCELLENCE, AND BE FAMILIAR WITH HIGH-QUALITY PRODUCT.

IT TAKES YEARS OF EXPERIENCE TO COOK WITH GRACE, TO UNDERSTAND COMMAND, AND BE ABLE TO EXECUTE WITHIN TIGHT TIME CONSTRAINTS.

DELIVERING THIS ON A DAILY BASIS IS NOT AN EASY TASK.

IT REQUIRES SKILL AND THE TRUTH IS THAT I AM GRATEFUL FOR MY EMPLOYEES WITH THEIR HARD WORK THEY'VE GAINED MY RESPECT AND I'M PROUD OF THEM EVERY DAY.

THEY ARE MOTHERS, FATHERS, TAX-PAYING CITIZENS WHO ARE DEDICATED TO THEIR CRAFT.

THEY BRING MY VISION TO LIFE AND THEY ARE A VITAL INSTRUMENTAL PART OF OUR RESTAURANT FAMILY.

SADLY, WITHOUT THEIR APPROVAL OF KEEPING THE OUTSIDE PATIO, WE WILL LOSE SOME OF OUR STAFF FROM BOTH THE FRONT AND BACK OF THE HOUSE.

THE AMOUNT OF EMPLOYEES ON THE PAYROLL IS DEPENDENT UPON THE REVENUE GENERATED BY THE PATIO.

I ASKED YOU TO PLEASE ALLOW THESE HARDWORKING, DEDICATED INDIVIDUALS, SOME OF WHOM HAVE BEEN WITH ROBY AND THE VIGILUCCI'S UCI FAMILY FOR MORE THAN 10 YEARS.

TO REMAIN EMPLOYED WITH US.

THEY HAVE GIVEN US THEIR HEARTS.

THEY'VE GIVEN US THEY'RE ALL, THEY'VE MADE PEOPLE'S LIVES AND CELEBRATIONS SPECIAL.

PLEASE DON'T LET THEM DOWN.

I HOPE WE CAN COUNT YOUR CONTINUED SUPPORT AND PLEASE HELP US TO MAKE THE PATIO PERMANENT.

THANK YOU VERY MUCH FOR LISTENING TO ME AND GIVE ME YOUR TIME.

>> MY NAME IS MARK KUHN, K-U-H-N, AND I AM THE CAMPUS PASTOR FOR NEW SONG CHURCH, CARLSBAD.

OUR ATTITUDE AS A COMMUNITY CHURCHES TO BE ABLE TO BE PART OF THE COMMUNITY.

WE DO THAT IN SEVERAL DIFFERENT WAYS.

MANY OF YOU DON'T KNOW THAT WE HAVE A FIELD THERE THAT WE PROVIDE TO THE COMMUNITY ON MULTIPLE OCCASIONS, DIFFERENT SPORTS ACTIVITIES.

ST. PATRICK'S CATHOLIC SCHOOL USES OUR FIELD.

WE PROVIDED THE PHOENIX SPORTS.

WE HAVE A STEAM SCHOOL THAT IS PART OF THE CAMPUS THAT UTILIZES THAT FOR THE COMMUNITY TO BRING IN SCIENCE, TECHNOLOGY EDUCATION, ARTS, AND MECHANICAL FOR ELEMENTARY KIDS.

WE HAVE MANY OTHER ASPECTS THAT WE SUPPLIED TO THE COMMUNITY.

I WAS APPROACHED BY ROBY VIGILUCCI TO SEE IF WE COULD PROVIDE SOME OFF-SITE PARKING FOR HIS RESTAURANT AND IT'S THE FIRST TIME WE'VE EVER HAD THAT ASKED OF US.

I TOOK THAT TO OUR LEADERSHIP BOARD AND THEY PROVIDED THAT CONCURRENCE TO ME AND I COMMUNICATE THAT TO HIS ARCHITECT AND TO HIM.

WE'RE COMMITTED TO PROVIDING THAT SERVICE TO HIM AS LONG AS WE HAVE THE PROPERTY, NOTHING IS PERMANENT AS FAR AS IN CALIFORNIA AND WE ALL KNOW THAT.

DIFFERENT COMMUNITY ASPECTS HAPPEN.

WE ARE IN FULL SUPPORT OF PROVIDING THAT PARKING TO THE VIGILUCCI'S.

MY ADDRESS, I DIDN'T SAY WHAT IT WAS, 3610 FORDHAM COURT, OCEANSIDE, CALIFORNIA. THANK YOU.

>> IS MIKE CROWLEY STILL HERE?

>> BUT LET'S GO WITH A FIVE-MINUTE BREAK AND WILL RECONVENE AT THAT TIME.

THANK YOU.

PLEASE TAKE YOUR SEATS.

[01:50:01]

WE CAN START WITH THE RESUME, THE PUBLIC TESTIMONY.

[BACKGROUND]

>> MS. AVEGAN, WHO WHO'S OUR NEXT SPEAKER? CALL OUR NEXT SPEAKER.

>> IN GROUPS OF THREE.

MARK KANOODLE, JOHN JAMES, AND RICHARD HINITZ.

>> I DON'T KNOW IF MARK HAS MADE IT YET. HE HASN'T

>> THE NEXT SPEAKER IS JOHN JAMES.

>> GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE PLANNING COMMITTEE.

FOR THE RECORD, MY NAME IS JOHN JAMES.

MY ADDRESS IS 4054 GARFIELD STREET AND MY WIFE AND I HAVE OWNED HER HOME FOR OVER 20 YEARS.

WE'RE IN FAVOR OF THIS APPLICATION.

WELL THE THINGS I WANTED TO POINT OUT AND LIVING HERE THIS LONG, THERE'S OVER 100,000 PEOPLE IN THE CITY, AND THERE'S REALLY NOT A LOT OF OCEAN VIEW FINE DINING THAT'S AVAILABLE AND I THINK THIS IS A REAL PLUS.

VIGILUCCI'S, I THINK, THOUGHT THIS OUT OF THE BOX.

I THINK WHAT THEY CAME UP WITH, IT'S A GREAT PLAN AND I THINK IT'S A GOOD DESIGN FOR THE SITE.

WE LIVE THREE BLOCKS FROM THIS PROPERTY.

WE WALK THERE WHEN WE GO HAVE DINNER, OUR NEIGHBORS WALK THERE WHEN WE GO HAVE DINNER.

I HAVE OUT-OF-STATE GUESS BECAUSE I HAVE A SECOND HOME IN ARIZONA.

THEY COME OVER, THEY PARK IN FRONT OF OUR CONDO AND WE WALKED TO DINNER.

WE'RE NOT CREATING ANY PARKING ISSUES HERE AT ALL.

I THINK THERE'S A LOT OF PEOPLE THAT ARE THAT WAY.

I THINK THAT THIS BENEFITS THE NEIGHBORHOOD.

WE HAVE ONE RESTAURANT WITH OCEAN VIEWS THAT WE CAN WALK TO.

I THINK IT BENEFITS THE CITY BECAUSE THEY HAVE ADDITIONAL VIEWING AREAS.

ALSO FOR ANYBODY THAT'S FROM OUT-OF-STATE, THEY COME HERE TO SEE THE BEAUTIFUL BEACHES AND THE OCEAN.

THIS GIVES THEM A LITTLE MORE SPACES TO HAVE A DINING EXPERIENCE. THANK YOU.

>> GOOD EVENING. THANKS FOR LISTENING TO ME.

MY NAME IS RICHARD HINITZ AND I LIVE ON 111 TAMARAC AVENUE AND I'M HERE TO PROVIDE A UNIQUE PERSPECTIVE.

I LIVE RIGHT ACROSS THE STREET.

WHEN I LOOKING TO DO MY DISHES IN THE MORNING, I'M LOOKING AT VIGILUCCI'S.

I'VE BEEN HERE FOR 25 YEARS.

IN THOSE 25 YEARS, THE BEST THING THAT EVER HAPPENED TO THAT CORNER, IF ANYBODY REMEMBERS THE SAND BAR.

[LAUGHTER] I AM SO GRATEFUL THAT YOU GET RID OF THEM.

I DON'T EVEN WANT BEGIN TO TELL YOU THE PROBLEMS WE ADD THERE.

VIGILUCCI'S HAS BEEN THE BEST THING THAT EVER HAPPENED TO MY COMMUNITY AND I FEEL PERSONALLY, THE VALUE OF MY PROPERTY HAS BENEFITED.

QUITE A BIT SINCE 1998.

SO HE HAS QUITE A BIT BUT MY PERSPECTIVE IS I'VE WATCHED THE PARKING.

THE VALLEY PARKING IS TREMENDOUS.

IF YOU COULD SEE THOSE GUYS IN THE DANCE THAT THEY DO EVERY DAY.

I WATCH IT. THEY'VE NEVER HAD AN ACCIDENT.

I SIT THERE AND I WATCH FOR HOURS.

I JUST GET MESMERIZED.

I ACTUALLY SIT ON MY PATIO AND WATCH THEM AND I WATCHED THEM PEOPLE JUST ENJOYING THEMSELVES, EATING AND EVERYTHING.

I DON'T THINK YOU'RE GOING TO HAVE A PROBLEM WITH THE VALLEY PARKING THAT'S PROVIDED IS EXCEPTIONAL.

THEY DO A GREAT JOB.

I JUST WANTED TO SAY FROM THAT PERSPECTIVE ALONE, I HEARD THAT WAS ONE OF THE BIGGEST THINGS WITH THE ADDITION OF THE CHURCH PARKING, I THINK YOU WON'T HAVE A PROBLEM AT ALL.

I'M ALL FOR IT. I CAN'T WAIT TILL WE GET THE ROUNDABOUT BECAUSE THEN I WON'T HAVE ANY NOISE AT MY HOUSE AND ALL THE RACING AND STUFF THAT GOES ON.

I'M LOOKING FORWARD TO THAT TOO.

ANYWAY, THANK YOU FOR LISTENING TO ME.

[01:55:02]

VIGILUCCI'S HAS BEEN A GODSEND FOR ME.

>> I WAS TIMING. THANK YOU GUYS.

MY NAME IS MARK NODAL.

I LIVE ON GARFIELD STREET WITH MY WIFE TO BLOCK FROM THE RESTAURANT.

DOES ANYBODY KNOW WHAT THIS NUMBER IS? THAT'S TOO BAD, BECAUSE I DO.

WHAT THIS NUMBER IS IT'S A NON-EMERGENCY NUMBER FOR THE CARLSBAD POLICE DEPARTMENT.

WHAT A GREAT SERVICE.

I'M SORRY, I JUST RAN IN HERE BUT I CALL IT ALL TOO OFTEN. GREAT SERVICE.

THEY ALWAYS RESPOND, THEY ALWAYS CALL ME BACK.

THEY ALWAYS TEXT, "THANK YOU, VERY MUCH." I CALLED TO COMPLAIN ABOUT PEOPLE PARKING IN FRONT OF MY HOUSE PARTYING AND YELLING WITH THEIR STEREOS BLASTING AT ALL HOURS OF THE DAY AND NIGHT.

FOR SOME REASON, THEY LEAVE TRASH, EMPTY CANS AND BEER BOTTLES AND ALCOHOL EVERYWHERE, WHICH MY NEIGHBOR BOB, I DON'T KNOW IF HE'S HERE, AND I COLLECT EVERY MORNING.

THEY ALSO RACE UP AND DOWN THE STREETS WITH THEIR LOUD MODIFIED EXHAUST SYSTEMS. EVEN THOUGH THERE ARE SIGNS EVERYWHERE THAT SAYS "LOUD EXHAUST ENFORCED." I DON'T THINK THEY'VE EVER WRITTEN A TICKET FOR LOUD EXHAUSTING, BUT THANK YOU FOR THE SIGN ANYWAY.

EVERY FEW MONTHS, I HAVE TO STOP SOMEBODY FROM URINATING ON MY LAWN.

THAT'S THE PROBLEM IN OUR NEIGHBORHOOD. NOT THE RESTAURANT.

NEVER ONCE HAVE I HAD A PROBLEM WITH EMPLOYEES OR GUESTS FROM THE RESTAURANT PARKING ON THE STREET.

THEY'RE ALL DRESSED UP, THEY ARE HERE TO HAVE A GOOD TIME.

THEY SIMPLY PARK ON OUR STREET, WALK TO THE RESTAURANT.

THEY ARE WELCOME AND THEY'RE WAY PREFERRED OVER THE PARTIERS ON OUR STREET.

THE RESTAURANT IS AN ASSET TO OUR NEIGHBORHOOD AND THE CITY, PROVIDES HIGH-END JOBS AND REVENUE FOR THE CITY.

DOES ANYBODY RECALL WHAT WAS THERE BEFORE? YEAH, A ROUGH BIKER BAR, THE SAND BAR.

TIMES CHANGE. ANYWAY, THE RESTAURANTS AND ASSET TO OUR COMMUNITY, IT'S KNOWN COUNTYWIDE, REFLECTS THE VALUES OF OUR COMMUNITY.

PLEASE LET FREEDOM REIGN AND FREE ENTERPRISE REIGN. THANK YOU-ALL.

>> THE NEXT SPEAKERS ARE REGGIE AND JUDY LAMBKIN.

BILL STETSON, BRIAN CEDROMIN.

>> GOOD EVENING. MY NAME IS REGINALD LAMBKIN, L-A-M-B-K-I-N.

I LIVE AT 3530 DON JUAN DRIVE IN CARLSBAD.

I'D LIKE TO INTRODUCE MY WIFE, JUDY.

>> JUDY LAMBKIN, SAME ADDRESS.

>> THAT'S A GOOD THING. [LAUGHTER] HAVEN'T KICKED ME OUT YET.

WE'VE LIVED IN THREE ADDITIONAL BEACH COMMUNITIES, THAT'S REDONDO BEACH, MANHATTAN BEACH, AND SEAL BEACH.

CARLSBAD, WHEN WE RETIRED, IS JUST A JEWEL COMMUNITY AND WE ABSOLUTELY LOVE IT HERE.

VIGILUCCI'S IS PART OF THAT JEWEL.

I GUESS I SHOULD PUT ON MY GLASSES HERE.

I WROTE SOMETHING HERE BECAUSE I'M GETTING OLDER AND I START TO RAMBLE HERE.

I'M A RETIRED ENVIRONMENTAL HEALTH SAFETY PROFESSIONAL.

MY WIFE WHO'S A RETIRED SPECIAL NEEDS TEACHER.

WE ARE HERE TO SUPPORT VIGILUCCI'S STEAK HOUSE RESTAURANT LOCATED AT 3878 CARLSBAD BOULEVARD.

WE REALLY ENJOY, AFTER RETIREMENT, FINE DINING, AN EXPERIENCE THAT WAS CREATED BY THE OWNER, ROBY, AT VIGILUCCI'S.

THE MANAGERS AND THE STAFF AT VISUALLY CHEESE MAKE US FEEL JUST LIKE FAMILY.

WE ARE USUALLY THERE AT LEAST ONCE A WEEK TO ENJOY THE AMAZING FOOD VIA DANA AND MIGUEL.

YOU OCEAN VIEW IN THE RESTAURANTS ATMOSPHERE IS JUST MAGICAL.

THEY HAVE A HIGHLY TRAINED STAFF WHO ARE INCREDIBLY FRIENDLY AND A TENTATIVE.

WE'VE MET NUMEROUS PEOPLE THAT HAVE COME FROM ALL OVER THE COUNTRY THAT COME BACK TIME AND TIME AGAIN TO ENJOY THE MUSIC EXPERIENCE AND GREAT FOOD THERE.

I STRONGLY URGE YOU TO SUPPORT THE PATIO HERE IT IS HOSTED MANY, COUNTLESS WEDDINGS, BIRTHDAY PARTIES, CORPORATE EVENTS AND FAMILY GATHERINGS.

IT'S JUST AN AMAZING TO WATCH ALL THAT GO DOWN.

PLEASE APPROVE THE PATIO AREA.

THIS WILL HELP SAVE JOBS AND SUPPORT VIGILUCCI'S TO KEEP THRIVING AND LASTLY, INCREASE THE CITY'S TAX BASE HERE.

MY WIFE WANTED TO MAKE A STATEMENT HERE AND I'LL DO THAT FOR HER.

THE VALLEY PARKING, THEY DO A GREAT JOB.

[02:00:01]

THE FEE IS REASONABLE.

OFF-SITE PARKING FACILITY WILL BE ADDED TO HELP PARK IN THEN THEY ALREADY WELL-RUN VALLEY, SO I WANTED TO THANK YOU WITH KIND REGARDS. THANK YOU VERY MUCH.

>> HELLO. MY NAME IS BILL STETSON, I TOO LIVE AT 111 TAMARAC.

I LIVE ABOUT 60 YARDS FROM THIS PATIO WE'RE DISCUSSING.

I HAVE LIVED THERE FOR ABOUT 40 YEARS.

I LIVED THERE BEFORE THE PATIO AND I'VE LIVED THERE SINCE THE PATIO WAS PUT IN, AND IT'S A TREMENDOUS IMPROVEMENT.

USED TO BE AN ASPHALT PARKING LOT.

THIS IS MUCH BETTER ON THE EYE TO LOOK AT THEY DO A GREAT JOB ON THE PATIO, HE'S ENHANCED IT WITH LIGHTING, PLANTS, FLOWERS.

THERE WAS ALWAYS THE CROWN JEWEL, BUT NOW EVEN MORE SO OF A NEIGHBORHOOD.

AS FAR AS PARKING CONGESTION AND NOISE, I HAVEN'T NOTICED A SINGLE BIT INCREASE OF NOISE SINCE THE PATIO WAS CREATED.

I ACTUALLY THINK MAYBE THERE'S LESS NOISE SINCE THE PATIO WAS CREATED.

I CAN ALSO TELL YOU THAT MR. VIGILUCCI IS VERY RESPONSIVE, VERY PRESENT.

HE'S THERE VIRTUALLY EVERY DAY, EITHER HIM OR HIS GENERAL MANAGER AND HE'S VERY APPROACHABLE AND IF EVER THERE IS AN ISSUE, HE'D BE MORE THAN WILLING TO WORK WITH US AND MITIGATE IT.

I STRONGLY ENCOURAGE YOU TO SUPPORT THE PATIO PROJECT.

>> I'M BRIAN SILVERMAN, 270 REDWOOD AVENUE.

I'M IN THE AFFECTED ZONE.

I WANT TO THANK THE COMMISSION LISTENING TO ALL YOUR QUESTIONS VERY EDUCATIONAL.

I'LL START WITH MY FIRST THANK YOU FOR MS. LAFFERTY, THAT WE LEARNED THAT THE PROPERTY IS NOT ALMOST THREE ACRES, IT'S ONLY 1,300 SQUARE FOOT.

I OWN TWO SINGLE-FAMILY HOMES, HAVE OWNED THEM FOR GREATER THAN 30 YEARS, AND I PROBABLY I'M THE BIGGEST LANDOWNER IN THE AFFECTED AREA.

FOR MR. STINE, I ADDED MY 71ST AND 72ND COMPLAINT.

I DIDN'T COMPLAIN BECAUSE I'M JUST A QUIET CARLSBAD GUY, BUT MY HOUSES HAVE BEEN NEGATIVELY AFFECTED.

FOR THE VIGILUCCI, THE GUY WHO DID THE DESIGN.

I KNOW, OR HIS PEOPLE PARK, THEY PARK IN FRONT OF MY HOUSE.

MY NEXT THANK YOU WOULD BE TO REPRESENTATIVES, COMMISSIONERS, SABELLICO.

I DON'T KNOW HOW YOU GUYS COULD VOTE YES ON THIS, WHEN YOU'RE NOT FOLLOWING PROCEDURE, YOU DON'T HAVE A PARKING STUDY.

GET THE PARKING STUDY DONE.

MY NEXT THANK YOU IS TO PETER MAX.

IF BALLEY IS THAT'S PART OF THE AGREEMENT, GETS YOUR AGREEMENT DONE.

ALSO, I WOULD LIKE TO RECOMMEND IF THEY WERE TO DO THIS, THAT THEY INCENTIVIZE PEOPLE PARKING OFF-SITE.

VIGILUCCI I DON'T FEEL WAS SINCERE WHEN THEY SAY THEY DON'T KNOW WHERE EVERYBODY IS PARKING, THEIR PARKING IN FRONT OF MY HOUSES AND IT'S BEEN DRAMATICALLY AFFECTED.

IN FAIRNESS TO BIGGER VIGILUCCI, THERE HAS BEEN A LOT OF EXPANSION, SO YOU LOOK AT THESE HOMES AND I'M THE ONE THAT ACTUALLY IS GIVING BECAUSE HOMES ARE GOING FROM ONE RESIDENTS TO 2-3-4.

I'M ONE OF THE LAST OF THE MOHICANS AND I JUST DON'T FEEL LIKE I'VE BEEN REPRESENTED.

I THINK YOU SHOULD FOLLOW THE RULES.

WHEN I PERMITTED MY PROPERTY AND CARLSBAD, I HAD TO FOLLOW THE RULES AND MR. SABELLICO, YOU TOLD ME WHAT THE RULE WAS, ENFORCE THE RULE.

MR. MAX, IF THEY'RE GOING TO DO THE GREEN SPACE, LIKE MRS. LATTICES HE THOUGHT WAS A GREAT IDEA, GET IT LOCKED DOWN.

THEN INSIDE THE AGREEMENT, IF YOU'RE GOING TO DO THIS, YOU HAVE VIGILUCCI AND INCENTIVIZE PEOPLE TO PARK THERE.

I LOVED WHAT THE VIGILUCCI SAID, THAT THEY WERE GOING TO HAVE THEIR PEOPLE PARK OFF-SITE.

THAT'S A GREAT IDEA AND I THANK YOU FOR THEM, BUT LET'S MAKE SURE THAT EVERYTHING'S DONE.

MR. SABELLICO.

>> SABELLICO.

>> DO YOUR JOB AND DO WHAT IS IN AGREEMENT. THANK YOU.

>> GARRY WARD, NEXT SPEAKER, AND LANDE. PAM CORBIN.

[02:05:11]

>> HELLO THERE, GOOD EVENING MY NAME IS GARRY WARD ALONG WITH MY WIFE PAT, WE ALSO LIVE AT 111 TAMARAC AVENUE.

LOT OF GOOD 11 TAMARAC PEOPLE HERE TONIGHT.

I'M BASICALLY LIVE ABOUT 200 FEET FROM THE RESTAURANT.

SINCE WE LIVE IN SUCH A SPECTACULAR PLACE, WE AVAIL OURSELVES OF BEING OUTDOORS MOST OF OUR DAY.

I HAPPENED TO RUN IN THE MORNING.

MAYBE WE GO FOR A WALK AFTER I COME BACK FROM MY RUN, WE'RE OUTSIDE EATING OR LUNCH, LOOKING AT THE OCEAN.

AFTERNOON, MAYBE TAKE ANOTHER WALK, MAYBE GO OVER TO VIGILUCCI'S FOR HAPPY HOUR.

SOMETIME IT EVOLVES INTO DINNER AND THE POINT I'M TRYING TO MAKE HERE IS THAT BOTH MY WIFE AND I SEE THE RESTAURANT THROUGHOUT THE ENTIRE DAY.

AS MY NEIGHBOR BILL STETSON SAID, I DON'T SEE ANY ISSUE WITH PARKING AS IT IS NOW, WE DON'T HEAR ANY NOISE.

IN FACT, THAT PLACE REALLY ENHANCES THE QUALITY OF OUR LIFE.

PART OF THE REASON WE'RE THERE VIGILUCCI'S RESTAURANT.

WE LOVE HAVING THAT PLACE RIGHT ACROSS THE STREET.

IT'S A SPECTACULAR PLACE.

THERE'S NO OTHER BETTER PLACE IN CARLSBAD AND YOU'VE HEARD PEOPLE DESCRIBE THE VIEWS, THE BAR, THE RESTAURANT.

THE CHEF TALKED ABOUT THE QUALITY OF FOOD, IT TRULY IS A GEM HERE IN CARLSBAD.

IF YOU WALK IN THERE AND JUST LOOK AT EVERYTHING, I DON'T SEE THEM TAKING A SHORTCUT ON THE NEW PROPOSED ADDITION.

AGAIN, I ASK THAT YOU SUPPORT THIS IF YOU'RE WORRIED ABOUT THE PARKING, THE VALET THERE, AND I'M NOT SURE IF THE VALET PERSON IS STILL HERE, BUT THOSE GUYS ARE PROS AND YOU THINK VALET PEOPLE OR HIGH SCHOOL KIDS THAT DO THIS AFTER SCHOOL FOR A COUPLE OF BUCKS.

THESE GUYS ARE CONSTANTLY PROFESSIONALS.

THEY MOVE CARS IN AND OUT OF THERE AND THEY HAVE SOME PRETTY NICE CARS THAT MOVE IN AND OUT OF THERE.

I TOTALLY TRUST THESE GUYS.

AGAIN, MY WIFE AND I FULLY SUPPORT THE PETITION. THANKS.

>> GOOD EVENING. MY NAME IS ANNE LANDE L-A-N- D -E, AND I AM A 26-YEAR RESIDENT OF CARLSBAD AND A SEVEN-YEAR RESIDENT OF 130 TAMARAC AVENUE, THE BUILDING NEXT DOOR TO VIGILUCCI'S.

I AS WELL AS 71 OTHER RESIDENTS ALL WHO HAS SIGNED THE LETTER THAT I SENT, BELIEVE IT IS TIME THE VIGILUCCI TENT IS PERMANENTLY REMOVED.

THERE ARE TWO MAJOR CONCERNS REGARDING THE TENT AND THEY ARE SAFETY AND PARKING.

AS A NEIGHBOR WHO DAILY CROSSES VIGILUCCI'S DRIVEWAY, AS WELL AS THE CROSSWALK OVER COAST HIGHWAY, I CAN SAY FROM EXPERIENCE [LAUGHTER] THAT I'VE HAD PLENTY OF NEAR MISSES OF BEING HIT.

I ALSO DURING THESE EXPERIENCES ARE WITH MY TWO LITTLE GIRLS.

ANYONE WHO'S DRIVING WEST ON TAMARAC DOES NOT HAVE A CLEAR VIEW OF THE CROSSWALK AT COAST HIGHWAY AND IT IS BECAUSE DELIVERY TRUCKS CANNOT PULL FORWARD INTO THE LEFT.

THIS IS NOT GOING TO CHANGE WITH THE NEW TENT BEING PUT UP.

ALSO, THERE'S A REGULAR LINE OF CARS THAT ARE WAITING TO BE VALET IN THE EVENING.

THIS WILL ALSO NOT CHANGE BECAUSE OF THE NEW STRUCTURE OR BECAUSE OF THE NEW VALET LOT.

THERE WILL STILL BE A LINE OF CARS, I'VE SEEN IT EVERY NIGHT WHEN I SIT OUT THERE, I PERSONALLY DON'T KNOW WHERE THESE PEOPLE ARE LOOKING WHO LIVE AT 111 BECAUSE I LIVE LESS THAN 100 FEET AWAY AND THEY BLOCK MY DRIVEWAY EVERY SINGLE NIGHT.

AS FOR PARKING IN THE SURROUNDING AREA, IT WAS ALREADY LIMITED AND DIFFICULT BUT WHEN DOUBLING THE OCCUPANCY OF VIGILUCCI'S AND TAKING AWAY THE MUCH-NEEDED PARKING SPOTS THEY'VE JUST MADE IT EXCEPTIONALLY WORSE.

THEY BLOCK DRIVEWAYS, THEY OVERCROWD STREETS, AND THEY PARK ILLEGALLY IN THE BIKE LANE.

WE HAVE ALREADY HAD A BICYCLE SAFETY ISSUES, SOME EVEN ENDING IN FATALITIES.

WE DO NOT NEED TO BE TAKING AWAY MORE ROADS FROM CYCLISTS.

I'M SORRY THESE ARE WORDS, THE NEW PLAN WILL NOT WORK AS THE CHAIR ALREADY SAID "GUESS WE'LL TAKE THE PATH OF LEAST RESISTANCE AND PARK ON THE STREET RATHER THAN HAVING THEIR CAR A MILE AWAY." EVEN IF THEY DO TAKE THE OFFER OF THE VALET PARKING LOT, I BELIEVE IT'S GOING TO BECOME AN ISSUE OF LOITERING.

I ALREADY AM AFFECTED BY THIS WITH PEOPLE COMING ONTO OUR PROPERTY AND LEAVING TRASH IN CIGARETTE BUDS.

WE'VE EVEN HAD TO DEAL WITH DRUNK INDIVIDUALS COMING INSIDE OF OUR APARTMENT COMPLEX.

JUST A MONTH AGO, I AND MY HUSBAND CAUGHT AN INDIVIDUAL WHO WAS EARLIER HERE IN THIS ROOM, SO DRUNK, HE PULLED DOWN HIS PANTS, EXPOSED HIMSELF, AND URINATED ON MY NEIGHBORS WALL.

[02:10:03]

LET ME REMIND YOU, LITTLE KIDS LIVE IN MY APARTMENT COMPLEX, AND THIS IS ABSOLUTELY INEXCUSABLE BEHAVIOR.

I CAN ONLY IMAGINE HOW MUCH MORE FREQUENTLY THIS WILL HAPPEN WHEN THEY ARE WAITING 10 MINUTES FOR THEIR CAR TO ARRIVE.

ALTHOUGH VISUALLY CHOOSES ZONED-IN TO BE THE AREA IT IS SURROUNDED BY YOUR RESIDENTIAL ZONE, AND IT IS IMPERATIVE THAT THE SAFETY AND THE WELL-BEING OF US LOCALS ARE PRIORITIZED OVER THE EXPANSION OF A SINGLE BUSINESS.

ALSO, I HAVE ONE QUESTION.

THE CHURCH IS NOT ALLOWING YOU TO PARK ON CHRISTMAS EVE AND EASTER, TWO OF YOUR BUSIEST DAYS, WHERE ARE YOU GOING TO PARK YOUR CARS? ALSO, I SENT A LOT OF PHOTOS ABOUT THE DELIVERY TRUCKS AND THE PARKING ISSUES.

IF YOU WANT TO SEE THESE I CAN PROVIDE THOSE FOR YOU, IT IS AN ISSUE. THANK YOU.

>> HI, MY NAME IS PAM CORBIN, 3870 CARLSBAD BOULEVARD.

WE LIVE RIGHT NEXT DOOR IN VIGILUCCI'S TO THE NORTH ON CARLSBAD BOULEVARD.

I HAVE TO SAY THAT THE VALET PEOPLE ARE AMAZING.

I LOOKED DOWN ON THEM AND THEY CAN PARK A BUS IN A MATCHBOX.

[LAUGHTER] IT'S ALMOST ENTERTAINING, LIKE HE SAID, TO SIT AND WATCH.

MY CONCERN IS THE PARKING LOT COMING BACK TO WHAT IT WAS, THAT WAS AN UGLY CORNER.

THE LIGHTS, THE BUILDING, THE PEOPLE IN THERE HAVING A GOOD TIME AND ENJOYING THE FOOD IS SO NICE AND SO PLEASANT TO SEE.

IT'S VERY CHARMING TO HAVE THAT IN A NEIGHBORHOOD.

WE HAVE THE HOUSE NEXT DOOR AND WE ALSO OWN THE HOUSE ON THE CORNER OF REDWOOD AND CARLSBAD BOULEVARD, WHICH USED TO BE THE OLD SEEDMAN HOUSE AND WE VACATION RENTAL THAT.

WE SEE THE TRAFFIC COMING UP.

I DO HAVE TO SAY THAT THE TRAFFIC CAN BE A PROBLEM WHEN WE'RE COMING DOWN TAMARAC ON A FRIDAY OR SATURDAY NIGHT TRYING TO TURN THE CORNER, IT CAN BE A PROBLEM, BUT I REALLY BELIEVE THAT THIS NEW VALLEY SYSTEM WOULD ALLEVIATE SO MUCH OF THAT.

MY BIG CONCERN IS THE AESTHETICS OF THE BUILDING THAT'S GOING TO BE PUT THERE.

I'M IN FAVOR OF IT AND I HOPE MY NEIGHBORS DON'T STONE ME.

[LAUGHTER] THE ONES THAT ARE AGAINST IT.

THE OTHER THING THAT I'D LIKE TO MENTION, MAYBE DOING A REVIEW OF THE CPU EVERY THREE YEARS WITH THE PARKING AND THE SITUATIONAL THINGS THAT EVOLVE AROUND THE CPU.

ALSO A POSSIBILITY OF HAVING THE NOTICE TO THE PEOPLE LEAVING THAT THEY'VE GOT TO BE RESPECTFUL TO THE NEIGHBORHOOD IF THEY DO PARK ON THE NEIGHBORHOOD STREETS BECAUSE SOMETIMES WHEN THEY PARK ON REDWOOD, THEY CAN GET VERY LOUD WITH THEIR DISCUSSIONS AND THEIR STEREOS AND THINGS LIKE THAT.

WE LIVED THROUGH THE SANDBAR.

THE DRUNK MAN THAT ENDED UP IN OUR FRONT ROOM WAS [LAUGHTER] THE BEGINNING OF THE END OF THE SANDBARS.

WE'VE EXPERIENCED A LOT THERE, BUT THANK YOU AND I HOPE THAT THIS ALUM TURN OUT TO BE A GREAT THING FOR CARLSBAD.

ROBY IS AN EXCELLENT NEIGHBOR.

I CAN'T SAY ENOUGH ABOUT HIM.

IF WE HAVE ANY PROBLEM AT ALL, HE IS ON IT IMMEDIATELY.

THAT'S ANOTHER THING I'M THINKING.

>> THE NEXT SPEAKER, DON THORSTENSON, JUSTIN JACHURA, AND ELOY CASTANEDA.

>> MY NAME IS DON THORSTENSON, ADDRESS IS 111 TAMARAC AVENUE ALONG WITH SOME OF THE OTHER FOLKS HERE.

MY WIFE AND I LIVE DIRECTLY ACROSS THE STREET, BEEN THERE FOR MANY YEARS.

WE'RE IN FULL SUPPORT OF THE VIGILUCCI'S PROPOSAL FOR THE RESTAURANT MODIFICATION.

LIKE IT WAS MENTIONED BEFORE, THE CHANGE FROM PRE-COVID AND PRE-PATIO TO POST-COVID AND POST-PATIO, ZERO CHANGE OR IMPACT TO THE PARKING OR ROADWAY THAT WE'VE SEEN.

[02:15:03]

MY WIFE AND I WALK ACROSS THERE DAILY.

WE'RE GOING DOWN INTO THE WATER, WALKING INTO TOWN.

ALL OF OUR INTERACTION WITH THE RESTAURANT STAFF HAS BEEN JUST AMAZINGLY POSITIVE.

EVERYBODY'S IN A GOOD MOOD, EVERYBODY'S RESPECTFUL, EVERYBODY'S HAVING A GOOD TIME.

THE RESTAURANT BRINGS, IN OUR PERSPECTIVE ANYWAYS, IT BRINGS A VERY BITCHY, ENERGETIC ATMOSPHERE TO OUR NEIGHBORHOOD, WHICH IS A GOOD THING.

I THINK IF YOU SPEND TIME AROUND THERE, YOU'LL GET TO KNOW SOME OF THE PEOPLE THAT WORK THERE.

ALL OF THE RESTAURANT STAFF ARE AMAZING.

THE VALET GUYS ARE A HOOT.

IF YOU GET AN OPPORTUNITY, THEY'LL TALK YOUR EAR OFF WHEN THEY'RE NOT WORKING.

[LAUGHTER] THEY REALLY WILL.

WE'VE GOTTEN TO KNOW SOME OF THEIR FAMILY STORIES, WHAT THEIR KIDS HAVE BEEN THROUGH DIFFERENT THINGS.

ONE OF THEM HAS A BAND THAT HE PLAYS UP AND DOWN THE COAST.

I SAY ALL OF THAT JUST TO SAY THAT THE RESTAURANT STAFF WE'RE TALKING ABOUT IS JUST AS MUCH A PART OF THE COMMUNITY AS WE ARE.

IN MY PERSPECTIVE, THEY MAKE OUR COMMUNITY A BETTER PLACE.

A LITTLE BIT OF GROWTH IS INEVITABLE FOR ALL OF US WITHIN THE COMMUNITY.

I THINK AS A COMMUNITY WE SHOULD BE SUPPORTING OUR LONGSTANDING LOCAL BUSINESS OWNERS THAT ARE GOING OUT OF THEIR WAY, THINKING OUT OF THE BOX, COMING UP WITH ALTERNATIVE SOLUTIONS THAT HELP MITIGATE OR REDUCE SOME OF THAT IMPACT.

I WOULD ASK ON BEHALF OF MYSELF AND MY WIFE THAT THE COUNCIL APPROVE THIS PROPOSAL.

THANK YOU ALL VERY MUCH FOR YOUR TIME.

>> HOW ARE WE DOING? MY NAME IS JUSTIN JACHURA ALMOST AT 3,700 BLOCK OF HIGHLAND, BUT I DID LIVE AT 167 TAMARAC FOR ABOUT 11 YEARS.

MY NAME IS JUSTIN JACHURA. I'M THE CO-FOUNDER OF SENIOR GABBY'S, THOSE TACOS AND GRUBBY'S POKE & FISH MARKET IN NORTH COUNTY.

I'M ON THE BOARD OF DIRECTORS FOR THE CARLSBERG CHAMBER OF COMMERCE AND ON THE LATINO YMCA BOARD.

AS A 40-YEAR CARLSBAD RESIDENT AND OVER 20 YEARS OF BUSINESS OWNER FROM CARLSBAD, I, ALONG WITH MANY OTHERS, ARE COMMITTED TO MAINTAIN THE LOCAL CHARM, AESTHETICS OF OUR AMAZING COMMUNITY.

I WOULD LIKE TO TAKE THIS OPPORTUNITY TO SUPPORT VIGILUCCI AND THEIR EFFORTS TO KEEP A PERMANENT PATIO STRUCTURE OR RECREATE ONE.

VIGILUCCI'S RESTAURANTS HAVE A PROVEN TRACK RECORD OF EXCELLENCE IN PROVIDING A WORLD RENOWN EXPERIENCE HERE IN CARLSBAD.

THE OWNER AND OPERATOR, ROBY VIGILUCCI IS NOT ONLY A PILLAR AND THIS LOCAL COMMUNITY, BUT A PILLAR IN THE SAN DIEGO RESTAURANT INDUSTRY AND ABROAD.

PLEASE CONSIDER THIS NEW BUILDING TO THIS NEW BUILDING PATIO AS POST-COVID OUTDOOR DINING IS A MUST, NOT ONLY FOR RESTAURANT'S SURVIVAL, BUT A REASON FOR GUESTS TO COME TO THE VILLAGE AND DINE, KNOWING THAT THEY CAN HAVE AN ELEVATED RESTAURANT DINING EXPERIENCE.

SINCE I HAVE MORE TIME LEFT, THAT WAS MY LETTER I WROTE, I WANT TO SAY A FEW THINGS.

I HAVE FRIENDS HERE THAT ARE AGAINST IT.

I LOVE THAT 167 TAMARAC FOR A LONG TIME.

ONE THING I KNOW AS OWNER OF MY RESTAURANT IS THAT OUR PARKING LOT WILL BE EMPTY BUT OUR RESTAURANT WILL BE FULL.

WE'RE NOT GOING TO CHANGE PEOPLE'S PARKING HABITS FOR OVER 30 OR 40 YEARS.

FOR THOSE THAT REMEMBER SANDBAR, THAT WAS THE EPITOME OF CARLSBAD.

I WAS IN THERE PERHAPS IN MY 20S, BUT IT IS WHAT IT IS.

THE OTHER POINT I WANT TO MAKE IS YOU CAN'T SAY THAT THOSE PEOPLE ARE BEING OVERSERVED AT VIGILUCCI'S.

I EAT THERE AND I'VE SAT AT THE BAR MANY TIMES.

THOSE BARTENDERS ARE PROFESSIONAL, THEY'RE NOT GOING TO OVER-SERVE PEOPLE TO THE POINT OF COMPLETELY BEING DRUNK.

I MIGHT BE WRONG AND I'M SORRY, BUT I TRUST ROBY.

I, AS A YOUNGSTER AND CARLSBAD, USED TO DRINK MUCH ALCOHOL ON THE BEACHES AND THEN WOULD WALK UP.

I WANTED TO SAY THAT I DON'T THINK THAT ADDING BACK FOUR OR FIVE PARKING SPACES IS GOING TO STOP PEOPLE FROM PULLING IN AND OUT OF THERE OR STOP THE TRUCKS FROM PARKING IN FRONT.

I APPRECIATE YOU GUYS THIS TIME. DON'T BE MAD AT ME.

JUST TRY TO SUPPORT A FRIEND AND A PILLAR IN THE COMMUNITY AND A GREAT RESTAURANT TOUR. THANK YOU.

>> HELLO. GOOD EVENING. I'M ELOY CASTANEDA.

I LIVE AT 140 TAMARAC AVENUE, CASTANEDA, C-A-S-T-A-N-E-D-A.

YES, OF COURSE, WE'RE NOT HERE TO THROW STONES AT EACH OTHER.

I WAS BORN IN BREWED HERE IN CARLSBAD.

I'VE BEEN HERE MY WHOLE 360-YEAR LIFE.

I EAT CHICKEN SANDWICHES AT THE SAND BAR. IT HAD TO GO.

I'LL BE HONEST WITH YOU, I'M LITERALLY BACK AND FORTH WITH ALL OF THIS RIGHT NOW.

I CAN JUST SPEAK ON SOME THINGS I'VE EXPERIENCED AND THAT'S ALL.

ONE, I'M NOT PART OF THE DEMOGRAPHIC THAT'S BEEN COMING UP HERE.

I DON'T OWN A MULTI-MILLION DOLLAR HOME OR MULTIPLE PROPERTIES AROUND THAT.

[02:20:04]

I DON'T SHARE A BUILDING WITH THE RESTAURANT OVER, BUT I DO SPEAK FROM EXPERIENCE THAT DARREN KILLED IT WHEN COVID WENT DOWN BECAUSE DARREN AND ROBY DID LEAD THE TIP OF THE SPEAR ONCE THEY FIGURED OUT THAT OUTDOOR PATIO SITUATION, ALL THE OTHER RESTAURANTS FOLLOWED SUIT.

GOOD FOR YOU ON THAT. BUT THERE'S JUST OTHER THINGS.

YES, THE BARTENDERS DO NOT EVER SERVE THEM, BUT PLEASE LET'S REMEMBER THAT RESTAURANT DRINKS ARE EXPENSIVE AND PEOPLE DRINK BEFORE THEY GO TO RESTAURANTS.

I HAVE EXPERIENCED IN THE REAGENT HUMAN BEINGS AS WELL, THE CAR IS PARKING ON TAMARAC AVENUE.

WE ALL SAY THAT WE WANT TO PROTECT OUR CHILDREN BECAUSE THEY E-BIKE SITUATION IS REALLY BAD FROM GARFIELD TO COAST HIGHWAY, THAT IS THE HEAVIEST E-BIKE TRAFFIC IN THE CITY.

CHILDREN ARE CONSTANTLY GOING DOWN THERE AND I POURED PATRONS SAY, I'LL TAKE THE $60 TICKET AND JUST PARK ON TAMARAC.

I'VE HEARD PATRON SAY THAT.

ANOTHER THING IS TO WHEN THEY BLOCK THE RESIDENTS, I'VE LITERALLY GOTTEN THE FINGER WHEN I SAID I'M JUST TRYING TO PARK IN MY APARTMENT AND THEY, GO TOO BAD.

I'M IN THE VALET LINE. I'M LIKE, OH MAN, I CAN'T LEAVE.

SURE. THAT'S FINE.

THEN ALSO THE POSSIBILITY OF PEOPLE BEING INEBRIATED IN A CHURCH PARKING LOT.

BUT THAT'S ANOTHER THING.

ALSO, I'VE UNFORTUNATELY CAUGHT EMPLOYEES EATING THEIR FOOD IN OUR LAUNDRY MAT IN OUR APARTMENT BUILDING.

THEY SAY THERE'S 18 STAFF MEMBERS ON AT A TIME THAT SAID THERE'S 50 SOME STAFF MEMBERS TOTAL.

I DON'T WANT TO GET ANYONE FIRED, BUT THERE HAS BEEN STAFF MEMBERS THAT TOLD ME TO COME TO THIS MEETING AND SPEAK AGAINST IT AS WELL.

YES, I'VE CALLED PATRONS URINATING AND I'VE CALLED THE NON-EMERGENCY LINE, ACTUALLY LAST WEEK, BECAUSE A WOMAN CRASHED THROUGH FOUR OF THE TRASH CANS ON THE STREET, ALMOST HIT ME.

I DOVE OUT OF THE WAY AND IF YOU NEED THE POLICE REPORT, I CAN HOOK YOU UP.

SHE SAYS, I'M SO SORRY, I WAS DROWSY ASLEEP.

I'M JUST TRYING TO MEET MY GIRLFRIEND AT LUNCH AT VIGILUCCI'S.

BEFORE COVID, THEY SAID NO ONE CAN EAT INSIDE.

THEY DO THE PATIO THING, WHICH IS GENIUS.

AGAIN, THAT WAS A GREAT IDEA. I THINK COVID ENDED.

THEN THEY HAVE ALL THIS EXTRA SEATING.

YOU'RE IN THE BOTTOM LINE ABOUT THAT.

BUT AGAIN, HONESTLY, I DON'T KNOW WHERE I STAND.

TO BE HONEST WITH YOU. I LOVED THIS COMMITTEE.

I WAS BORN IN BREWED HERE. IT'S A VILLAGE, SO WHY NOT? I'M AGAINST IT. YOU CAN PUT UP TABLES AND UMBRELLAS AND THERE'S THREE OF THEM.

>> THAT WAS IT FOR THE ALL THE SPEAKER SLIPPED?

>> GREAT. THANK YOU, AND THANK YOU FOR ALL WHO DID SPEAK TONIGHT.

NOW ALL THE SPEAKERS ARE FINISHED, WE'RE GOING TO NOW CLOSE THE PUBLIC TESTIMONY.

WILL THE APPLICANT LIKE TO RESPOND?

>> I HAVE SPECIFIC QUESTIONS.

>> I GUESS YOU COULD RESPOND ANY THING THAT WAS SAID DURING PUBLIC TESTIMONY.

>> WELL, THE MAJORITY OF PUBLIC TESTIMONY SEEMED VERY POSITIVE FOR THE APPLICATION.

THERE'S OBVIOUSLY A HANDFUL OF ISSUES THAT ARE GOING TO BE A HANDFUL OF ISSUES NO MATTER WHAT WE DO OR DON'T DO, I THINK.

I DO THINK FROM MY EXPERIENCE, THEY'RE ON THE LOWER SIDE.

AGAIN, THERE'S BEEN A HANDFUL OF SPEAKERS.

THERE'S SOME 71 SIGNATURES.

WE HAVE 400 LETTERS, WE CAN TALK ABOUT I THINK THAT ALL DAY AND NIGHT LONG.

AT THE END OF THE DAY, I DO THINK THE PROJECT IS GOING TO BE A SUCCESSFUL PROJECT.

I THINK IT'S A GREAT SOLUTION TO AN ISSUE THAT'S THERE, AND I THINK THAT IT'S A HUGE BENEFIT FOR THE COMMUNITY. IF THERE'S ANY QUESTIONS.

>> GOOD. THANK YOU. WOULD STAFF LIKE TO RESPOND TO ANY QUESTIONS THAT WERE RAISED? I WOULD JUST SAY NO RESPONSES.

WE'RE HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS.

GREAT. THEN SO DOES THE COMMISSIONERS HAVE ANY FURTHER QUESTIONS FOR THE APPLICANT OR THE STAFF? SEEING NONE, WE'LL OPEN COMMISSION DISCUSSION.

WILL ANY OF THE COMMISSIONERS LIKE TO DISCUSS THE ITEM? COMMISSIONER LAFFERTY?

>> I GUESS I SHOULD HAVE BROUGHT THIS UP.

THIS DESIGN OF THIS PATIO COVER, WOULD IT BE SUBJECT TO POLICY 35, ONCE IT'S PERMITTED?

[02:25:04]

>> WELL, IF THIS CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT IS APPROVED, WE WOULD LOOK AT THE BUILDING PLAN CHECK WHEN THEY COME IN AND LOOK AT IT FOR CONSISTENCY WITH WHAT IS APPROVED.

IF THE COMMISSION WOULD LIKE TO INCLUDE AS PART OF THEIR MOTION SOMETHING ELSE OR RECOMMENDATIONS FOR THE DESIGN SUCH AS THE COLOR, I'D ASK THAT YOU INCLUDE THAT SO THAT WE DON'T NEED TO GO THROUGH A PATH FOR POLICY 35.

POLICY 35 IS ONLY IF SOMETHING IS SIMILAR, BUT IS A CHANGE.

IF SOMETHING IS APPLIED FOR THAT IS CONSISTENT WITH WHAT'S THERE, WE DON'T NEED TO GO THROUGH THE POLICY 35 CONSISTENCY DETERMINATION PROCESS.

>> WELL, I GUESS THAT THE DESIGN SHOULD MEET THE CALIBER OF A FIVE-STAR RESTAURANT, WHICH IS WHAT THE VIGILUCCI'S SAYS.

AND RIGHT NOW, IT LOOKS LIKE THE TEMPORARY TENT STRUCTURE THAT REALLY ISN'T BETTER THAN WHAT WE HAVE NOW.

THAT'S REALLY MY BIGGEST CONCERN WITH THIS.

I THINK THAT THE CONCERNS OF THE NEIGHBORHOODS, SINCE I LIVE OFF OF TAMARAC, ALSO AN OWN A HOUSE ON TAMARAC, I SEE THE CONCERNS AND I UNDERSTAND THAT IT'S A CONDENSED AND BUSY NEIGHBORHOOD, AND WE HAVE A LOT OF OTHER ISSUES BESIDES VIGILUCCI'S, BUT THE VIGILUCCI'S EXPANDING IS A CONCERN.

BUT ALSO, WE HAVE A LOT OF OTHER HOUSING THAT'S EXPANDING, AND THESE PARKING ISSUES, AND OTHER THINGS AREN'T GOING TO GO AWAY.

I'M MOSTLY CONCERNED THAT THE BIG BLACK ROOF, IF IT COULD BE ANY OTHER COLOR, THAT MIGHT BE GOOD, [LAUGHTER] AND NOT GRAY.

[LAUGHTER] WELL, BUT THEN YOU'RE KICKING IT INTO THIS POLICY THAT WE'RE TALKING ABOUT, WHICH IS 35, WHICH IS A CONSISTENCY POLICY.

MY CONCERN IS THAT IF YOU WANT TO BUILD THE SAME THING, THAT'S WHAT WE'RE SEEING, AND THAT'S WHAT I'M SEEING RIGHT NOW.

YOU'RE REBUILDING SOMETHING VERY SIMILAR AND I'M HOPING FOR SOMETHING MUCH NICER.

BUT THEN IT TRIGGERS HIM TO GO INTO A POLICY 35 FOR THIS, WHICH MEANS THAT THE CONSISTENT OR THE DESIGN HAS CHANGED SO SIGNIFICANTLY THAT IT'S NOT GOING TO BE CONSISTENT WITH THIS APPROVAL, SO THAT'S MY CONCERN.

I JUST WANT TO BE SENSITIVE TO EVERYBODY IN THE ROOM HERE WHERE I KNOW THAT THERE'S CONCERNS, I THINK THIS COULD BE A GREAT LOCATION FOR A GREAT COOL SHADE STRUCTURE OF SOME SORT THAT WOULD ALLOW YOU THAT AREA.

BUT I'M NOT 100% SURE WE'RE GOING TO GET THAT IN THIS APPROVAL, SO THAT'S REALLY MY CONCERN.

I DON'T KNOW HOW TO CHANGE IT.

>> IF I COULD JUST ADD ONE THING.

MY RECOMMENDATION WOULD BE IF YOU'RE LOOKING FOR A MORE MINOR CHANGE SUCH AS COLOR AND HAVE AN IDEA, I WOULD ASK IF THE APPLICANT WOULD BE WILLING TO AGREE TO THAT.

IF YOU'RE LOOKING FOR A MORE MAJOR CHANGE OR ADDITIONAL DIRECTION, WE WOULD ASK THAT YOU REFER THAT BACK TO STAFF THROUGH A MOTION AND WE COULD WORK WITH THE APPLICANT ON THAT.

I THINK THERE'S TWO AVENUES THERE, IF THAT'S THE WILL OF THE COMMISSION TO LOOK FOR CHANGES TO THIS.

>> IF THE APPLICANT DIDN'T COMMENT TO THE QUESTION, PLEASE COME UP TO THE MICROPHONE, ANSWER.

WE JUST DON'T WANT IT FROM BACK HERE.

THE APPLICANT CAN PLEASE COME UP TO THE MICROPHONE AND ANSWER TO THE QUESTIONS. THANK YOU.

>> TO REITERATE, WE'RE NOT MARRIED TO THAT ROOF COLOR AND CERTAIN OTHER ASPECTS OF THE BUILDING, AND WE DON'T WANT TO NECESSARILY COMPLICATE THINGS BY GOING THROUGH A 35.

I'M NOT REALLY SURE WHAT THAT IS, BUT I'M UNDERSTANDING THAT'S A COMPLICATED PROCESS.

I THINK THAT THERE'S A SPOT IN THE MIDDLE THAT WE CAN MEET.

I'VE CLEARLY HEARD YOUR CONCERNS, WE CLEARLY HAVE TO GO INTO THE BUILDING DEPARTMENT, WE CLEARLY HAVE TO GO THROUGH PLANNING WITH CONSTRUCTION DRAWINGS.

I THINK THAT I UNDERSTAND WHERE WE'RE HEADED, AND I THINK WE CAN MAKE THOSE CHANGES AND NOT BE SO MUCH OF A DEVIATION THAT IT HAS TO GO THROUGH A 35.

>> I APPRECIATE THAT, AND I DON'T WANT TO DELAY THIS ANYMORE.

THAT'S NOT THE INTENT.

THE INTENT IS TO JUST TRY TO, YOU HAVE A GOOD PRODUCT HERE, WE HAD A TEMPORARY SOLUTION, AND NOW WE'RE TRYING TO MAKE IT PERMANENT, AND I'D LIKE IT TO BE A BEAUTIFUL PERFECT AS OPPOSED TO A REHASH [OVERLAPPING]

>> UNDERSTOOD.

[02:30:01]

>> I AM GOING TO LEAVE THIS, BUT YOU UNDERSTAND MY COMMENTS?

>> I DO.

>> WE'LL HAVE IT RECORDED IN OUR MINUTES THAT WE ARE CONCERNED WITH THE AESTHETIC AND COMPATIBILITY WITH THE EXISTING BUILDING.

THAT'S REALLY MY CONCERN.

IF IT CAN BECOME MORE CONSISTENT WITH THE EXISTING BUILDING, AND THE ROOF STRUCTURES.

THE BLACK ROOF MIGHT BE THE RIGHT SOLUTION, I DON'T KNOW, BUT RIGHT NOW IT JUST LOOKS LIKE THE TENT AND THAT'S WHAT I'M CONCERNED WITH.

>> UNDERSTOOD.

>> THANKS.

>> THANK YOU, COMMISSIONER LAFFERTY. COMMISSIONER STINE?

>> THANK YOU, MR. CHAIR. I CAME TO THIS HEARING A BIT ON THE FENCE, TO BE HONEST WITH EVERYBODY. [OVERLAPPING]

>> COMMISSIONER STINE?

>> YES.

>> YOU WERE GOING TO ASK A QUESTION.

>> NO, I WASN'T QUITE READY [OVERLAPPING]

>> WE'RE STILL AT THE APPLICANT QUESTIONS.

>> APPLICANT QUESTIONS?

>> YES, WE'RE STILL AT THE APPLICANT QUESTION PART.

>> I THOUGHT WE'RE IN THE DOOR VERSIONS.

>> WE'RE NOT WE'RE NOT QUITE THERE YET.

SORRY, I DIDN'T MEAN TO CUT YOU OFF, BUT WE AREN'T THERE.

WERE THERE ANY OTHER QUESTIONS FOR THE APPLICANT OR THE STAFF? THEN COMMISSIONER LAFFERTY, I GUESS YOU POINTED WE PLAN MAKING A MOTION REGARDING THIS?

>> NO. I JUST WANT IT RECORDED IN THE MINUTES THAT THE CONSISTENCY DESIGNATION, WHAT DID IT SAY? I HAVE TO USE THE CORRECT WORDING, COMPATIBLE WITH THE EXISTING STRUCTURE.

THAT'S WHAT I'D LIKE IT TO REFLECT.

>> THANK YOU.

>> BECAUSE THAT'S ALREADY IN THE RESOLUTION DOCUMENTS AND THE STAFF REPORT.

>> HEARING NO FURTHER QUESTIONS. [OVERLAPPING]

>> I'M SORRY. I JUST NEED CLARIFICATION BECAUSE RIGHT NOW WE HAVE ONE COMMISSIONER ASKING FOR SOMETHING TO HAPPEN, BUT THIS NEEDS TO BE A VOTE OF THE MAJORITY OF THE COMMISSION.

>> YEAH, RIGHT. THAT'S MY CUE, SIR. [OVERLAPPING]

>> IT COULD BE REFLECTED IN THE MINUTES THAT COMMISSIONER LAFFERTY ASKED FOR THAT, BUT IT'S NOT A MANDATE TO THE APPLICANT.

[OVERLAPPING].

>> SO YOU'RE NOT VOTING ON THAT?

>> I DON'T THINK I WANT TO MAKE A MOTION TO DELAY THIS ANY FURTHER, BUT I ALSO WANT IT RECORDED IN THE MINUTES THAT THIS COMPATIBILITY REQUIREMENT IS SOMETHING THAT'S DOCUMENTED IN THE RESOLUTION THAT WE'RE GOING TO APPROVE.

>> BUT THAT REQUIRES A MOTION, DOES IT NOT?

>> IF IT'S NOT IN THE RESOLUTION, IT WOULD REQUIRE A MOTION.

CAN YOU POINT US TO WHAT YOU'RE LOOKING AT?

>> COME BACK TO ME.

>> COMMISSIONER LAFFERTY, WHILE YOU'RE LOOKING FOR THAT, I GUESS IF THERE ARE NO MORE QUESTIONS FOR THE APPLICANT OR STAFF, IS THAT CORRECT? NOW, WE'VE CLOSED THE PUBLIC TESTIMONY, WE'RE NOW GOING TO CLOSE THE QUESTIONS TO THE APPLICANT, THE STAFF. YOU FOUND IT?

>> ON PAGE 9, IN HARMONY WITH THE VARIOUS ELEMENTS AND OBJECTS AND THE GENERAL PLAN, THAT'S THE BOTTOM OF THAT PAGE.

PAGE 10 TALKS ABOUT USES TO BE BUILT AND OPERATED IN SUCH A WAY TO COMPLEMENT BUT NOT CONFLICT WITH THE ADJOINING RESIDENTIAL AREAS, AND PATIO CONFORMS AND IS CONSISTENT.

LET'S SEE. NOT DETRIMENTAL TO EXISTING USES. I THINK THAT WAS MORE OF THE COMPLEMENT BUT NOT CONFLICT WITH ADJOINING RESIDENTIAL AREAS.

I GUESS THAT'S CLOSE ENOUGH AND IN HARMONY WITH VARIOUS ELEMENTS.

BUT THAT MAY BE A LITTLE VAGUE, BUT I THINK IT'S GOING TO BE CLOSE ENOUGH.

>> JUST TO CONFIRM YOU'RE NOT MAKING A MOTION.

[OVERLAPPING] THERE WE GO, SO NO MORE QUESTIONS FOR THE APPLICANT OF THE STAFF. SEEN NONE.

OH, DID YOU HAVE SOMETHING? SEEING NONE WE'LL NOW OPEN COMMISSION DISCUSSION.

WOODY COMMISSIONERS LIKE TO DISCUSS THE ITEM. COMMISSIONER STINE.

>> SORRY FOR JUMPING THE GUN ON YOUR OWN. [OVERLAPPING]

>> THAT'S MY JOB TO BE THE REFEREE.

>> I THOUGHT WE WERE INTO DELIBERATION STAGE.

I CAME HERE TONIGHT A BIT ON THE FENCE ON THIS PARTICULAR ISSUE.

I CAN SEE THE ARGUMENTS ON BOTH SIDES AND I WANT TO BE SENSITIVE TO NEIGHBORHOOD CONCERNS ABOUT PARKING IN THE AREA.

PARKING IN THIS OVERALL AREA IS A REAL CHALLENGE.

WE'VE ALL SEEN IT PARTICULARLY IN THE SUMMER AND HIGH-USE TIMES.

[02:35:05]

MY INITIAL THOUGHT IS THAT WE DIDN'T WANT TO DO ANYTHING OR SHOULD NOT DO ANYTHING AS A COMMISSION IN APPROVING A PROJECT WHICH WOULD MAKE A TOUGH SITUATION, EVEN TOUGHER AND MORE DIFFICULT FOR THE NEIGHBORS IN THE AREA.

BEFORE CUP, WE'RE TALKING ABOUT IMPACTS.

THE BOTTOM LINE OF A CUP IS WHAT IMPACT WILL IT HAVE ON THE COMMUNITY? HOWEVER, IN LISTENING CLOSELY TO THE TESTIMONY GIVEN HERE TODAY IN AND ASKING A FEW QUESTIONS AND GIVE ME SOME ANSWERS.

I BELIEVE THE IMPACT WILL BE POSITIVE.

THE REASON I SAY SO IS THIS.

WE HAVE CURRENTLY A PATIO STRUCTURE THAT IS 910 SQUARE FEET.

THAT PATIO STRUCTURE IS GOING TO BE REDUCED TO ABOUT 500 SQUARE FEET.

WHAT'S THAT GOING TO DO, IT'S GOING TO GIVE US THREE ADDITIONAL ONSITE PARKING SPACES.

NORMALLY, IS THAT A BIG DEAL? NORMALLY, BUT IN THIS CASE, I THINK IT IS A BIG DEAL THAT PARKING AREAS I WITNESSED PERSONALLY THIS MORNING IS VERY SMALL.

VERY SMALL, BUT THAT'S JUST THE LOT.

THAT'S WHAT THE APPLICANT HAS TO DEAL WITH, SO WE GET THREE ADDITIONAL PARKING SPACES.

MORE IMPORTANT TO ME WAS THE TESTIMONY THAT I HEARD WITH REGARD TO THINGS ARE WORKING RIGHT NOW WITH THE PATIO AS 1910, AND WHEN YOU TAKE IN TERMS OF PARKING, THEY'RE ABLE TO ACCOMMODATE PARKING ON-SITE NOW, WITH WHAT WE'RE ALL TESTIMONY IS AN EXCELLENT VALET PROGRAM.

RIGHT NOW THEY'RE ABLE TO ACCOMMODATE THE PARKING, NO REAL SELF-PARKING.

BUT ACCOMMODATE THROUGH THE VALET PARKING.

NOW WITH THE PROPOSED CHANGE, YOU'RE REDUCING THE SEEDING, YOU'RE REDUCING THE SIZE OF THE PATIO AND YOU'RE ADDING PARKING SPACES.

PLUS FOR THE FIRST TIME, THERE'S GOING TO BE THIS VALET PARKING AS AN OVERFLOW OPTION, AS A SURPLUS.

I'M THINKING RIGHT NOW THE SITUATION SEEMS TO WORK.

THE VALET PARKING FROM WHAT ALL WE'VE HEARD IS DOING AN EXCELLENT JOB, AND NOW WE HAVE AN OVERFLOW OPTION.

THAT IS EMPLOYEES WILL BE PARKING AT THE CHURCH THAT WILL ACCOMMODATE AND THAT WILL PREVENT ADDITIONAL EMPLOYEE PARKING HOPEFULLY OR AT LEAST LIMIT IT OFFSITE ON THE STREETS.

WE'RE TAKING EMPLOYEES WITH VEHICLES THAT MAY BE PARKING ON THE STREET AND TAKING THEM AND THEY CAN PARK IN THE VELVET.

THAT'S A POSITIVE.

I SEE THAT AS A GOOD ISSUE.

WHEN I'VE ASKED ABOUT CODE ISSUES, COMPLIANCE ISSUES, PROBLEMS, I'VE HEARD FROM ANOTHER ENFORCES PUTTING STAFF THAT THERE HASN'T BEEN ANY.

THE STAFF IS NOT GETTING BARRAGED ABOUT COMPLAINTS ABOUT VIGILUCCI'S PARKING ISSUES.

IT'S GUEST ITS EMPLOYEES.

THAT HAS NOT BEEN AN ISSUE FROM EVERYTHING WE RECEIVED.

WE HAVE A SITUATION NOW WHERE THE PARKING SEEMS TO WORK.

NOW WE'RE REDUCING THE SIZE OF THE PATIO, AND I HAVE EVERY REASON TO BELIEVE IT'S EVEN GOING TO WORK BETTER NOW THAT WE HAVE THE OPTION FOR VALET PARKING AT THE CHURCH, IT'S ALSO A BENEFIT TO THE CHURCH.

THEY'VE GOT EXCESS PARKING, BE ABLE TO WORK OUT AN AGREEMENT THERE, PERHAPS I'M SURE THERE'S CONSIDERATION THERE IN SOME RESPECT SO IT'S A PLUS FOR THE CHURCH.

FINALLY, WHEN I LISTEN VERY CLOSELY TO THE NEIGHBORHOOD TESTIMONY, AGAIN, I KNEW WE WOULD HAVE CONFLICTING VIEWS, BUT THE OVERWHELMING MAJORITY OF NEIGHBORS, PEOPLE WHO LIVE ON TAMARAC, JOHN GARFIELD LIVE IN THE AREA OR WHOLEHEARTEDLY SUPPORTING THIS ENCODING NEIGHBORS THAT LIVE RIGHT ACROSS THE STREET SEE THE VALET PARKING DAY IN AND DAY OUT.

THE VERY FEWER COMPLAINT.

I COUNTED NINE PEOPLE WHO LIVE IN THE AREA OR HAVE LIVED IN THE AREA WHO ARE WHOLEHEARTEDLY IN SUPPORT OF THIS PARTICULAR PROJECT.

THAT TELLS ME THAT THE CURRENT SITUATION IS WORKING AND WITH THIS PARTICULAR PROPOSAL TO REDUCE THE SIZE OF THE PATIO AND TO ADD PARKING SPACES TO THE LOT AND ALSO ADD THE VALET PARKING.

I THINK THIS IS A PLUS I THINK IT'S A BETTERMENT AND I SUPPORT IT FOR THOSE REASONS.

>> THANK YOU, COMMISSIONER STINE. COMMISSIONER HUBINGER. [INAUDIBLE]

>> THANK YOU. FIRST OF ALL, THERE'S NO INDUSTRY THAT WAS MORE ALIGNED DURING COVID THAN THE RESTAURANT INDUSTRY.

VIGOR LUCIA'S WAS AN INNOVATOR THEN WITH THE PATIO WHICH WE'VE HEARD PEOPLE TALK ABOUT, ADMIRING WHAT MOVES THEY MADE AND I THINK THEY'RE AN INNOVATOR TONIGHT.

[02:40:03]

I ACTUALLY REALLY LIKE THIS SOLUTION TO PARKING PROBLEM.

THEY'RE THINKING OUTSIDE THE BOX AND I THINK IT'S TOTALLY DOABLE AND I LIKED THE SOLUTION.

I REALLY SUPPORT THE RIGHT FOR BUSINESSES TO MANAGE, THEIR OWN BUSINESS.

I'M COMFORTABLE WITH THAT VIGILUCCI WILL FIND A RIGHT STYLE AND COLOR FOR THE [INAUDIBLE].

I HAVE NO DOUBT ABOUT THAT.

[LAUGHTER] IT'S THEIR FREEDOM TO DO IT.

WE SHOULD LET THEM DECIDE.

COMMISSIONER STINE MADE ALL THE POINTS ABOUT THE NUMBERS WITH THE SERBIAN CAPACITY DOWN 30% AND THE NEW PARKING ARRANGEMENTS AND ALL THAT MAKES SENSE.

ALL THE POSITIVE COMMENTS I HEARD FROM THE RESIDENTS NEARBY, VERY SUPPORTIVE.

I JUST THINK IT'S A REALLY WELL THOUGHT THROUGH PROJECT AND I SUPPORT IT.

>> THANK YOU. COMMISSIONER MEENES.

>> YES. THANK YOU VERY MUCH.

I'M SUPPORTIVE OF APPROVING THE PROJECT AS WELL.

I DON'T WANT TO REITERATE WHAT MY FELLOW COMMISSIONERS HAVE ALREADY STATED SO FAR.

BUT MR. VIGILUCCI HAS BEEN A PILLAR IN THE NEIGHBORHOOD, THE CITY FOR A NUMBER OF YEARS.

VERY RESPONSIBLE FROM THE INFORMATION THAT WE'VE RECEIVED THIS EVENING.

IN ADDITION TO THAT, HE HAS DESIGNED AND HAS ADDRESSED ALL OF OUR FINDINGS, HAS ADDRESSED MANY OF THE ISSUES AT HAND IN REGARDS TO COMING UP WITH THE RESOLUTION OF BEING ABLE TO HAVE PARKING AT THE CHURCH TO MEET THE CITY REQUIREMENTS.

MAYBE THERE MIGHT BE THE NECESSITY FOR USING THAT, BUT AT LEAST IT'S AVAILABLE.

HE'S COME UP WITH A DESIGN THAT I GUESS WORK EXTREMELY WELL.

I THINK THE PROJECT ITSELF FROM AN ARCHITECTURAL STANDPOINT, I REALLY HAVE NO PROBLEMS WHATSOEVER WHERE THE DESIGN OF THE NEW STRUCTURE.

I THINK IT'S COMPATIBLE WITH THE EXISTING RESTAURANT.

IN ADDITION TO THAT, I ADMIRE HIS ABILITIES TO BE ABLE TO MAKE THAT STRUCTURE 500S FEET SMALLER THAN THE EXISTING STRUCTURE THAT'S THERE TODAY, AND MAKING IT WHAT IT IS.

IN DOING SO PROVIDES MORE SPACE FOR MANEUVERABILITY OF VALET VEHICLES, AND IN BEING ABLE TO TURN AROUND IN THE PARKING LOT, MAYBE POSSIBLY HAVING AN IMPACT ALSO WITH LESS VEHICLES [NOISE] THAT WILL BE THAT WILL BE BACKING UP ON CAMERA.

HE'S TRIED TO ACCOMMODATE THAT AS WELL, WHICH I ADMIRE AND I THINK THAT'S GOING TO HELP SUBSTANTIALLY.

I THINK THAT PROJECT IS GOING TO BE IDEAL FOR CARLSBAD AND I DO SUPPORT IT IMMENSELY.

>> THANK YOU. COMMISSIONER MEENES.

I'M SORRY. ANY OTHER COMMISSIONER COMMENTS? COMMISSIONER [INAUDIBLE]

>> I ALSO CAME TO THIS MEETING VERY MUCH ON THE FENCE, AND IN SOME WAYS I STILL I'M.

I SEE THIS ISSUE MUCH MORE SIMPLY THAN SOME OF MY COLLEAGUES UP HERE.

I LOOK AT THE CITY CODE, AND IT SAYS THE CITY OF PLANNER MAY MODIFY THE REQUIRED PARKING AND STANDARDS WHERE IT CAN BE DEMONSTRATED THAT ADEQUATE PARKING WILL BE PROVIDED, WHICH I THINK THE APPLICANT HAS CLEARLY DEMONSTRATED.

THE MODIFICATION WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD OR THE SITE DESIGN CIRCULATION, AND THAT I'M STILL A LITTLE BIT UNSURE.

ON ONE HAND, WE HAVE HEARD A LOT OF TESTIMONY TONIGHT ON BOTH SIDES OF THIS ISSUE, AND I'M HESITANT TO GRANT THE PERMIT BECAUSE IT WOULD CREATE A PRECEDENT FOR EVERY OTHER RESTAURANT IN THE CITY.

EVERY OTHER RESTAURANT WHICH 90% OF THEM HAVE TRIED TO COME IN COMPLIANCE, NOT THIS WAY, BUT BY TAKING DOWN THEIR TEMPORARY STRUCTURES AND THIS AS OUR ATTORNEY MENTIONED, IF WE GRANT THIS, THEN WE WILL BE GIVING THAT VESTED RIGHT TO THE LANDS AND CREATING THAT PRECEDENT FOR ALL OF CARLSBAD.

WE DON'T HAVE A TRAFFIC STUDY THAT TELLS US WHAT THE EFFECTS OF THAT DECISION WILL BE.

[02:45:04]

IT SAYS IN THE CODE, THE MODIFICATION SHALL BE BASED ON THE RESULTS OF A PARKING STUDY PREPARED BY THE REGISTERED TRAFFIC ENGINEER OR OTHER QUALIFIED PARKING CONSULTANTS OR OTHER EVIDENCE SATISFACTORY TO THE CITY PLANNER, AND I HAVE NOT HEARD THAT EVIDENCE YET.

I REALLY WANTED TO HEAR THAT EVIDENCE.

I LISTENED VERY INTENTLY TO EVERY SINGLE PUBLIC SPEAKER AND TO THE APPLICANTS PRESENTATION AND I REALLY LOVED THIS RESTAURANT.

I'VE GONE TO THE NC DISLOCATION PROBABLY 20-30 TIMES IN MY LIFE.

I'VE GONE TO THE STATE STREET LOCATION MANY TIMES AS WELL.

I ORDERED TAKEOUT FROM THEM ON UBER EATS.

I HOPE I STILL CAN, [LAUGHTER] BUT I HAVE NOT SEEN ENOUGH EVIDENCE THAT WOULD BE SATISFACTORY IN ORDER TO MAKE THIS FINDING.

THE RESOLUTION, YOU HAVE TO MAKE CERTAIN FINDINGS TO ADOPT IT AND I JUST CAN'T MAKE THOSE FINDINGS.

FOR THOSE REASONS, I HAVE TO PUT AGAINST.

>> THANK YOU, COMMISSIONER SABELLICO.

ANY OTHER COMMISSIONERS? SOME OF THE ADVANTAGES OF BEING CHAIR IS I GET TO GO LAST AFTER I LISTEN TO EVERYBODY ELSE.

I'VE CAREFULLY SPENT QUITE A BIT OF TIME GOING THROUGH THIS AND THROUGH THE BRIEFING, THROUGH TALKING TO COUNSELOR CAMP AND THEN LISTENING TO THE TESTIMONY, THESE THINGS ALSO AND LISTENING TO THE PUBLIC COMMENTS, SO I THINK THIS IS ALL VERY HELPFUL.

I'M A LITTLE BIT DIFFERENT IN THE SENSE THAT I WORK WITH CONDITIONAL USE PERMIT IS QUITE A BIT IN MY WORK, AFTER MUCH THOUGHT AND LISTENING TO ALL THE TESTIMONY TONIGHT, I AGREE WITH COMMISSIONER SABELLICO.

I HAVE A HARD TIME MAKING THE FINDINGS THAT SAYS THAT THE MODIFICATIONS WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD OR SITE DESIGN OR CIRCULATION.

I SAID I LOVE THE APPLICANTS BUSINESS, I BELIEVE THEY'RE POSITIVE ASPECT IN THE COMMUNITY.

I AGREE WITH ALL OF THAT TESTIMONY, HOWEVER THOUGH THERE'S A CONCERN THOUGH THAT IT DOES BECOME A RIGHT, IT DOES BECOME PRECEDENT.

I'M NOT SAYING WE COULDN'T GET TO THAT POINT, AND THEN WITHOUT A PARKING STUDY AS STATED IN OUR CODE THAT SPECIFICALLY ADDRESSES HOW WE'RE GOING TO DO THIS, I THINK IT'S A PROBLEM.

THE OTHER THING TOO IS THE APPLICANT'S TEST TO HIMSELF SAID, AGAIN, BECAUSE I DEAL WITH CONDITIONAL USE PERMITS AND COMMERCIAL REAL ESTATE, BACK TO THAT ISSUE OF PATH OF LEAST RESISTANCE.

I THINK THE PATH OF LEAST RESISTANCE IS TO CONTINUE.

ALTHOUGH THERE IS THE NEW SONG CHURCH THING, THAT BLOOMS OWN TESTIMONIES.

THEY DON'T THINK THEY'RE GOING TO NEED THAT.

I JUST HAVE CONCERN WITH THAT.

I AGREE WITH COMMISSIONER SABELLICO, ALTHOUGH I'M STRONGLY IN SUPPORT THE RESTAURANT.

ACTUALLY I'D LIKE THE PATIO, BUT I CAN'T MAKE THE FINDINGS.

FOR THAT REASON, I WOULD VOTE AGAINST IT.

>> IS THERE ANY OTHER COMMISSIONER COMMENTS? DO WE HAVE A MOTION? COMMISSIONER STINE?

>> YES. I MOVE APPROVAL OF THE RESOLUTION APPROVING THIS CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PREM.

>> DO WE HAVE SECOND?

>> I WILL SECOND.

>> MOTION MADE BY COMMISSIONER STINE AND SECONDED BY COMMISSIONER MEENES, PLEASE VOTE.

[APPLAUSE] THE MOTION CARRIES BY A VOTE OF TWO AGAINST AND FIVE IN FAVOR, AND WE WILL NOW CLOSE THIS PUBLIC HEARING.

AGAIN, I WANT TO THANK ALL THE MEMBERS OF THE PUBLIC FOR COMING OUT AND BE INVOLVED IN THIS VERY PUBLIC PROCESS, SO THANK YOU AGAIN FOR COMING TONIGHT.

[APPLAUSE] WE'LL GIVE EVERYONE JUST A MOMENT TO LEAVE.

[BACKGROUND]

>> THANK YOU, SIR. [BACKGROUND]

>> BECAUSE OF ANY ISSUES ON TRAFFIC AND I ALSO ASKED THE QUESTION AND BRIEFING THE PROPOSED ROUNDABOUT.

[02:50:01]

>> GOING TO MAKE ANNOUNCEMENTS.

>> EXCUSE US. IF THE MEMBERS OF THE PUBLIC COULD MEANDER THEIR WAY OUTSIDE, WE DO HAVE A COUPLE OF MORE BUSINESS ITEMS. [BACKGROUND] LET'S MOVE TO THE OUTSIDE, EVERYBODY SO WE CAN.

>> NOT TONIGHT, BUT I WISH YOU'D WORK AT IT A LITTLE BIT.

[LAUGHTER]

>> THANKS AGAIN FOR COMING.

THANKS, EVERYBODY. LET'S SEE.

THAT CONCLUDES THE PUBLIC HEARING PORTION OF TONIGHT'S MEETING.

ARE THERE ANY COMMISSIONER REPORTS OR COMMENTS FROM COMMISSIONERS? COMMISSIONER LAFFERTY.

[PLANNING COMMISSION MEMBER REPORTS]

>> I'D LIKE TO ACKNOWLEDGE THE COMMISSIONERS THAT WERE QUOTED IN THE SEPTEMBER 3RD, SUNDAY'S, NEW STARE SIDEWALK PROMENADE COMING ALONG CARLSBAD SEAWALL.

NICE JOB YOU GUYS GETTING YOUR NAME IN THE PAPER.

>> IS THERE A WAY I DIDN'T SEE THAT?

>> YOU DIDN'T SEE IT.

>> NO.

>> IT WAS COMMISSIONER KAMENJARIN, COMMISSIONER, DO I SAY THIS RIGHT? HOW DO YOU SAY IT?

>> HUBINGER.

>> HUBINGER AND THEN COMMISSIONER SABELLICO AND I THINK YOU GOT IN IT TOO SO I'LL PASS IT AROUND.

BUT THEN THE NEXT IS THE HISTORIC PRESERVATION HAS BEEN PUSHED TO NOVEMBER 13TH.

I UNDERSTAND THEY'RE STILL REVIEWING THOSE APPLICATIONS.

I HAD A COUPLE OF OTHER COMMENTS, BUT I THINK THAT'S AFTER THE MEETING, SO THANKS.

>> THANK YOU COMMISSIONER LAFFERTY. ANY OTHER COMMISSIONER REPORTS OR COMMENTS? DO WE HAVE ANY COMMENTS FROM OUR CITY PLAN, MR. LARRY?

[CITY PLANNER REPORT]

>> SURE, JUST A COUPLE OF THINGS.

FIRST, HOPE APARTMENTS WAS APPROVED AT THE CITY COUNCIL LAST TUESDAY, AND SO THAT ITEM IS CONCLUDED.

UPCOMING CITY COUNCIL ITEMS NEXT TUESDAY, SEPTEMBER 26TH, THE EL CAMINO REAL PROJECT FROM JACK SPARTA'S SUNNY CREEK, THE PERMITS RELATED TO THAT WILL BE PRESENTED TO THE CITY COUNCIL.

AS FAR AS PLANNING COMMISSION UPCOMING HEARINGS, WE DO HAVE THREE ITEMS ON OCTOBER 4TH, AND WE ARE HOLDING THE HOUSING ELEMENT FOR OCTOBER 18, SO WE ANTICIPATE THAT THE NEXT NEXT TWO WILL BE A LITTLE BIT LONGER MEETINGS.

OCTOBER 4TH, JUST THREE FAIRLY STRAIGHTFORWARD ITEMS, BUT OCTOBER 18TH TO HOUSING ELEMENT IS LIKELY GOING TO BE A LONGER ITEM.

RIGHT NOW, WE DON'T HAVE ANY ITEMS ON NUMBER OF OUR FIRST.

WE'LL HAVE A BETTER IDEA ON HOW MANY ITEMS MAY BE ON THERE IN THE NEXT COUPLE OF WEEKS, AS WELL AS THERE'S ALWAYS THE POTENTIAL THAT THE HOUSING ELEMENT WITH THE DELIBERATION AND TESTIMONY GOES TO TWO HEARINGS, SO JUST PLANNING.

I KNOW A LOT OF YOU ASKED AND WE'RE DOING OUR BEST TO SHARE THE UPCOMING SCHEDULE.

>> THANK YOU.

>> THANK YOU, MR. LARRY. DO WE HAVE ANY COMMENTS FROM OUR CITY ATTORNEY?

>> NO SIR.

>> WITH THAT, WE WILL ADJOURN TONIGHT'S MEETING.

[NOISE]

* This transcript was compiled from uncorrected Closed Captioning.