HomeMy WebLinkAboutRP 13-14; Boars Cross'n Curb Cafe; Redevelopment Permits (RP). ~CARLSBAD
Community & Economic Development
June 25, 2014
Sean Canning
Suite B
4735 Marlborough Drive
San Diego, CA 92116
www.carlsbadca.gov
SUBJECT: CURB CAFE PERMIT NO. RP 13-14-BOARS CROSS'N CURB CAFE-Request for approval
of a Curb Cafe Permit (RP 13-14) to allow for Boars Cross'n to occupy two public parking spaces on the
east side of the business (along Washington Street) with a temporary deck structure with landscaping
planters for outdoor dining and/or drinking purposes at 390 Grand Avenue, in District 1 of the Village
Review Zone and Local Facilities Management Zone 1.
Dear Mr. Canning,
The City Planner has completed a review of your application for a Curb Cafe Permit RP 13-14 at 390 Grand
Avenue. A notice was sent to property owners and occupants within a 100' radius of the subject property
requesting comments regarding the above request. No comments were received within the ten day
notice period (ending on June 19, 2014). After careful consideration of the circumstances surrounding
this request, the City Planner APPROVES this request based on the following findings and conditions.
Findings:
1. That the project is consistent with the Village Master Plan and Design Manual in that the curb
cafe will create a stronger user and pedestrian experience by increasing the quantity and quality
of outdoor spaces in the Village and enlivening the street scene.
2. That the project is consistent with City Council Policy 78 Design Standards in that (a) the curb cafe
occupies two parallel parking spaces with a one-foot wide buffer to adjacent parking spaces; (b)
the curb cafe is located "most-directly" in front of Boars Cross'n along its Washington Street
frontage.
3. That this project is the first curb cafe on Washington Street between Grand Avenue and
Christiansen Way, which may have a maximum of four curb cafes.
4. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303 (New Construction of Small Structures) of the state C~QA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
· ·· . Planning Division
~··----------------------------------------------~-----:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
RP 13-14-BOARS CROSSN CURB CAFE
June 25, 2014
Pa e 2
5. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is
in rough proportionality to the impact caused by the project.
Conditions:
1. Approval is granted for RP 13-14 as shown on Exhibits "A" -"K" dated June 25, 2014 on file in:the
Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Curb Cafe Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the RP 13-14 documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as sh6wn
on the approved Exhibits. Any proposed development different from this approval shall require
an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Curb Cafe Permit, (b) City's approval or issuance of
any permit or action, whether discretionary or non-discretionary, in connection with the :use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions.
5. RP 13-14 shall be reviewed by the City Planner on a yearly basis for compliance with the provisions
outlined in City Council Policy No. 78 and the conditions herein. If the City Planner determines
that the conditions of approval have not been met or the Curb Cafe Permit is being or recently
has been exercised contrary to any of the provisions of City Council Policy No. 78, the permit (nay
• be brought back for administrative review, placement of additional or modified conditi6ns,
revocation, or other remedies available to the city.
6. This Curb Cafe Permit is granted for the remainder of the Curb Cafe Pilot Program through March
12, 2016. Once the permit has expired, the curb cafe shall be completely removed and the street,
curb and other adjacent surfaces shall be restored to the condition prior to the curb cafe
installation.
RP 13-14-BOARS CROSSN CURB CAFE
June 25, 2014
Pa e 3
7. A use fee of$100 per month per parking space (two), payable in one-year increments ($1,200 per
space/per year) shall be paid upon permit issuance and shall be paid annually thereafter for .the
duration of the permit.
8. The curb cafe shall be limited to food and/or beverage serving uses only.
9. The curb cafe, including all materials, fixtures, furniture and plants, shall be maintained in g()od
condition. All maintenance and repair of the curb cafe shall be the sole responsibility of the
applicant. Additionally, the applicant shall sweep and remove debris from adjacent street areas
made inaccessible to street sweepers due to the curb cafe.
10. The curb cafe shall not have any awnings or roof elements.
11. No signs, including signs prohibited by Carlsbad Municipal Code Section 21.41.030, or objects that
would distract or impair motorists, shall be attached or displayed on any part of the curb cafe.
12. The appUcant shall provide the City of Carlsbad with a current certificate of insurance which lists
the city as additionally insured. The certificate must remain in effect for as long as the curb cafe
is placed within the public right-of-way.
13. Prior to any work being performed in the public right-of-way, a Right-of-Way Permit and
Encroachment Agreement must be obtained from the Engineering Department.
Engineering:
The following conditions shall be complied with prior to the commencement of any construction
within the public right of way:
14. The applicant shall apply for and obtain an encroachment agreement from the Land Development
Engineering Department. Complete and submit Engineering Plancheck Application E-23 and
Encroachment Agreement Submittal Checklist E-9 to the Land Development Engineering Counter
at 1635 Faraday Ave, Carlsbad CA together with the encroachment agreement processing fee of
$325. Links to these forms on the city's website are:
http://www.carlsbadca.gov/business/building/Documents/E-23.pdf and
http://www.carlsbadca.gov/business/building/Documents/E-06.pdf.
The following information for both the property owner and the business owner is required in
order for the city to prepare the encroachment agreement:
A.
• Name of property owner
• Property owner's mailing address
• Legal entity of property owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of property owner
• Name, phone number and e-mail address of individual to contact regarding property;
owner's execution of encroachment agreement
RP 13-14-BOARS CROSSN CURB CAFE
June 25, 2014
Page 4
B.
c.
• Name of business owner
• Business owner's mailing address
• Legal entity of business owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of business owner
• Name, phone number and e-mail address of individual to contact regarding business.
owner's execution of encroachment agreement
• Signature authorization for property owner and business owner. Depending on the
legal entity of the owner(s) the following documentation is required:
Corporation: One signature from EACH group with name and title:
Group 1: Chairman, president, vice president
Group 2: Corporate secretary, assistant corporate secretary, chief financial officer; or
assistant treasurer
Corporation with a single signatory: Attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer, by name and title, to
legally bind the corporation.
LLC or Partnership: Attach an official document (e.g., corporate resolution, operating
agreement) empowering that individual(s), by name and title, to legally bind the entity.
15. The applicant shall apply for and obtain a no fee right of way permit for construction within:the
public right of way from the Engineering Counter, 1635 Faraday Ave., Carlsbad CA. Contact'the
Engineering Counter at 760-602-2750 to determine the items required with the application, i.e.
contractor's license, insurance certificate, etc.
16. The applicant shall complete and submit a Tier 1 Storm Water Pollution Protection Plan, E-29
available on the city's web site, to the Engineering Counter, 1635 Faraday Avenue, Carlsbad CA.
The following conditions shall apply continuously to the operation of the development:
17. Applicant shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not liml.ted
to pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum
extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
18. Applicant shall employ measures to comply with Standard Stormwater Requirements per the
city's Standard Urban Stormwater Management Plan (SUSMP) all to the satisfaction of the city
engineer. These measures include but are not limited to utilizing covered trash enclosures to
·:
RP 13-14-BOARS CROSSN CURB CAFE
June 25, 2014
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avoid contact with storm runoff, making sure no trash leaves the dining area, and preventing trash
and food particles from entering downstream storm drain inlets.
19. The project is approved as shown on the site plan submitted, made a part of this approval and on
file in the city planning division. No changes to the layout or planters, or substantial changes to
the furniture, umbrellas, or landscaping shall be allowed without prior written approval from the
city planning division. No AC electrical service or lighting shall be constructed within any portion
of the public right of way before an encroachment agreement is obtained from the Engineering
Department.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:fn
c: Justin Burnette, 2815 Elmwood Street, Carlsbad, CA 92008
Ralph Burnette, 3315 McKinley Street, Carlsbad, CA 92008
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
Michele Masterson, Senior Management Analyst
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DMS/Data Entry