HomeMy WebLinkAboutRP 10-34; Cafe Topes; Redevelopment Permits (RP)The City of Carlsbad Housing and Neighborhood Services
A REPORT TO THE PLANNING COMMISSION
Item No.1
P.C. AGENDA OF: January 5, 2011
Application complete date: December 12, 2010
Project Planner: Austin Silva
Project Engineer: Clyde Wickham
SUBJECT: RP 10-34 - CAFE TOPES - Request for approval of a shared parking agreement
between the business owners of Cafe Topes (3091 Roosevelt Street) and the
property owners of 3067 Roosevelt Street (New York Pizzeria).
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6752
APPROVING a shared parking agreement to the parking requirements to allow for the
conversion of retail space to restaurant space within the Village area.
II. INTRODUCTION
Pursuant to the Village Master Plan and Design Manual, a developer or business owner may
purchase additional property, or enter into a long term lease for additional property, within 300
feet of the property for the subject new development or business and meet the required on-site
parking on this separate property. The Housing and Neighborhood Services Director must
evaluate the feasibility of this type of a joint/shared parking arrangement between private parties
and then make a recommendation to the Planning Commission for consideration of approval.
III. PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting: The proposed restaurant is located at 3091 Roosevelt Street on the northwest
corner of Oak Avenue and Roosevelt Street in District 1 of the Village Review Zone as shown
on the attached location map. The property the applicant is requesting to enter into an agreement
with is located two parcels to the north (50 feet). The parcel located between the two subject
properties has two residential units on site. A Bank of America is located across Roosevelt
Street to the east.
Proposed Construction: The applicant is proposing to convert a commercial/retail space into a
restaurant and will obtain all necessary building permits. The applicant is also preparing an
application to participate in the Storefront Improvement Grant Program that is available to retail
businesses and restaurants in the Village. The grant request includes improvements such as new
stucco and paint finish, stonework, enhanced lighting, new doors, new windows, a decorative
iron railing, new signage and ADA improvements.
IV. ANALYSIS
The proposed project is subject to the parking section of the Village Master Plan and Design
Manual. In order for a business owner to enter into a lease agreement to satisfy its parking
RP 10-34-CAFE TOPES
January 5, 2011
PAGE 2
requirement, the property involved in the lease agreement must be located within 300 feet. The
two properties involved in the lease agreements are located within 50 feet of each other.
Furthermore, the parking lot at 3067 Roosevelt Street contains 11 parking spaces and will
provide the 10 required parking spaces in addition to one (1) surplus space for Cafe Topes (see
parking table below). New York Pizzeria is located at 3067 Roosevelt Street and is only open
for business during the evenings for dinner. Cafe Topes will be limited to serving only breakfast
and lunch, and will be closed daily at 2:00 P.M. A condition has been placed on the
Administrative Review Permit to restrict the hours of operation for Cafe Topes from 6:00 a.m. to
2:00 p.m. and to require the posting of signs directing patrons to use the parking lot at 3067
Roosevelt Street (New York Pizzeria). Moreover, the shared parking agreement will also restrict
the hours of operation for both restaurants.
For enforcement purposes, the Housing and Redevelopment Commission shall be a third party
beneficiary. No change to the agreement will be permitted unless prior approval is granted by
the Commission.
Address
3091 Roosevelt St.
3067 Roosevelt St.
Business
Name
Cafe Topes
New York
Pizzeria
Use
Restaurant
Restaurant
Hours of Operation
7:00 A.M. -2:00 P.M.
5:00 P.M. -9:00 P.M.
Parking
Spaces
Required
10
11
Parking
Spaces
On-Site
0
11
V.ENVIRONMENTAL REVIEW
The Planning Director has determined that the project belongs to a class of projects that the Sate
Secretary of Resources has found do not have a significant impact on the environment.
Therefore, the project is categorically exempt from the requirement for the preparation of an
environmental document pursuant to the following Section of the California Environmental
Quality Act (CEQA) Guidelines:
Section 15303 of CEQA exemptions (Class 3) exempts the conversion of existing small
structures from one use to another where only minor modifications are made in the exterior of
the structure from environmental review.
A Notice of Exemption will be filed by the Planning Director upon project approval.
ATTACHMENTS;
1. Planning Commission Resolution No. 6752
2. Location Map
3. Site Plan (reduced to 8 Vi x 11)
4. Shared Parking Agreement between Marie and Larry Manno (Lessors), and Jackie and Joe
Barille (Lessees)
New York Pizzeria
3067 ROOSEVELT ST
Cafe Topes
3091 ROOSEVELT ST
PINE
NOT TO SCALE
SITEMAP
Cafe Topes
RP 10-34
y -a
O
en
ConceDtualSte Plan "A"
, 11'-2"
Karnak Planning & Design
EDman
Cafe TopesJoe & Jacquie Barille
3091 Roosevelt St.
Carlsbad, ca 92008
Tenent
Improvements
Conceptual
Site Plan
AS1.0
SHARED PARKING AGREEMENT
This shared parking agreement {"Lease") is entered into on Z~j _ _, 2011, by and
between Marie and Larry Manno ("Lessors") and Jackie and Joe Barille ("Lessee").
Subject to the terms and conditions set forth in this Lease, Lessor hereby teases to Lessee that certain
eleven (11) parking spaces located at 3067 Roosevelt Street, more particularly described in Exhibit A
attached hereto and incorporated herein by reference ("Leased Space").
I. Term and Termination
The term of this Lease shall commence upon approval of a City of Carlsbad issued business license to
operate a restaurant (Cafe Topes) at 3091 Roosevelt Street, and shall end upon termination of said
business license.
II. Use of Space
The Leased Space shall be used by Lessee's employees and visitors for the sole purpose of parking their
personal vehicles when working for and/or visiting Lessee at Lessee's place of business. Lessee may not
conduct any business activities on the leased premises at any time, No commercial vehicles may be
parked on the premises at any time. The Lessee's, their employees and visitors are granted use of the
Leased Space from 6:00 A.M. until 2:00 P.M. daily.
II!. Lessee's Obligation
Lessee, at Lessee's sole cost and expense, shall keep in substantially the same condition and repair as
upon the commencement of this Lease, the Leased Space, Lessee shall also be responsible to keep the
Leased Space free of dirt and debris at all times.
IV. IMon-Liability of Landlord
Lessor and its employees shall not be liable for any personal injury suffered by Lessee or Lessee's
employees or visitors or any damage to or destruction or loss of any personal property located or stored
upon the Leases Space or property. This provision includes but is not limited to acts of theft, burglary,
vandalism, assault or other criminal activity, as well as loss or damage of Lessee's property in the Leased
Space or on the property that may be caused by fire windstorm, explosion or other cause, or by the act,
Of omission of any other Lessee at the property. Lessee accepts leased Space "as is" and Lessee
acknowledges that Lessor has not made and is not making any warranties whatsoever with respect to
the Leased Space. Lessee acknowledges that the Leased Space is not secured or monitored by Lessor,
and that Lessor is not responsible for supervision of any portion of Leased Space.
V. Idemnification
Lessee agrees to indemnify, protect, defend, and hold harmless the Lessor and its employees from and
against any and all obligations, causes of action, claims, costs,, injuries, damages, penalties, demands,
expenses, attorneys' fees, judgments,, interest and/or liabilities of any nature or kind, arising from, out
of, or in any way related to the Lease. The foregoing indemnity shall survive the expiration, cancellation,
or termination of this Lease,
Vi. Notices
Except as otherwise expressly provided by law, any and ail notices or other communications required or
permitted by this lease or by law to be served on or given to either party to this tease by the other party
shall be in writing, and shall be deemed duty served and given when personally delivered to the party to
whom it is directed or any managing employee of that party or, in lieu of personal service, when
deposited in the United States mail, first-class postage prepaid, addressed to Lessor at 3067 Roosevelt
Street, Carlsbad, California, 92008 or to Lessee at 3091 Roosevelt Street, Carlsbad, California, 92QQ8,
Either part may change its address for purposed of this paragraph by given written notice of the change
to the other party in the manner provided in this paragraph.
VII, Governing Law
This Lease, and any and all disputes arising out of or relating to this lease, or the subject matter,
enforceability or breach thereof, shall be governed by, and construed and interpreted in accordance
with, the laws of the State of California, and venues for any dispute shall be in the courts of San Diego
County.
VIII. Entire Agreement
This instrument constitutes the sole and only full, final, and complete agreement between Lessor and
Lesse with regard to the subject matter of this Lease and correctly sets forth the obligations of Lessor
and Lessee to each other as of its date. It supersedes ali prior and contemporaneous communications,
representations, and agreements, whether oral or written arid has been induced by no representations,
statements, or agreements other than those herein expressed. This Lease rnay not be extended,
amended, modified, altered or changed, except in writing signed by lessor and Lessee. If any provision
herein is declared invalid, it shall be considered deleted and shall not invalidate the provisions that
remain.
LESSOR AMD LESSE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND
PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND
VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS
EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT
AND PURPOSE OF LESSOR AND LESSE WITH RESPECT TO THE PREMISES.
The parties hereto have executed this Lease at the place and on the dates specified above their
respective signatures.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of ;::,y^j: /-X>;y_j
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OFFICIAL SEAL
ROBERT D. VASSPUBUC-CALIfOWtA;
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SAN 0IEOO COUNTY.
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who proved to me on the basis of satisfactory evidence to
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h«fete'they executed the same in Ws/her/their authonzeid
capacity(ies), and thai by hjs&er/ftieir signature (s) on the
instrument the person(s), or the entity upon behalf of
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1 certify under PENALTY OF PERJURY under the laws
of the Stale of California that the foregoing paragraph is
true and correct,
WITNESS my hand and official seal.,
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OPTIONAL
Though !ho information belcw is no< required by few. it may prove vaiunbte (a persons reiying on th
and c«//d pievens fraudulent removal and reasachment of this form to snottsef ciocwnsnt
Description of Attached Document
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ConceotuaSite Plan "A"
Karnak Planning & Design
ED
Cafe TopesJoe & Jacquie Barille3091 Roosevelt St.
Carls bad, ca 92008
Tenent
Improvements
Conceptual
Site Plan
AS1.0