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HomeMy WebLinkAboutRP 14-23; Barrel Republic; Redevelopment Permits (RP)August 10, 2015 Katherine Magallon 3039 Hoover Avenue National City, CA 91950 • Ccityof Carlsbad SUBJECT: CURB CAFE PERMIT NO. RP 14-23-BARREL REPUBLIC CURB CAFE-Request for approval of a Curb Cafe Permit (RP 14-23) to allow for Barrel Republic to occupy one public parking space in front of the business with a temporary deck structure for outdoor dining purposes at 2961 State Street, in District 1 of the Village Review Zone and Local Facilities Management Zone 1. Dear Ms. Magallon, The City Planner has completed a review of your application for a Curb Cafe Permit RP 14-23 at 2961 State Street. A notice was sent to property owners and occupants within a 100' radius of the subject property requesting comments regarding the above request. One comment regarding general public parking reduction was received within the ten day notice period (ending on August 9, 2015). 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 dining 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 one diagonal parking space with a one-foot wide buffer to adjacent parking spaces; (b) the curb cafe is located "most-directly" in front of the restaurant. 3. That this project is the third curb cafe on State Street between Carlsbad Village Drive and Grand Avenue, which may have a maximum offive curb cafes. 4. That this project is the sixth curb cafe within Land Use District 1 of the Village Master Plan, which may have a maximum of eleven curb cafes. 5. 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 CEQA 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. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 1760-602-8560 f I www.carlsbadca.gov RP 14-23-BARREL REPUBLIC CURB CAFE August 10, 2015 Pa e 2 6. 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 14-23 as shown on Exhibits "A" -"C" dated August 10, 2015 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 compeltheir 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 14-23 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to.this approval. 4. 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. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Curb Cafe Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. RP 14-23-BARREL REPUBLIC CURB CAFE August 10, 2015 Pa e 3 6. RP 14-23 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 may be brought back for administrative review, placement of additional or modified conditions, revocation, or other remedies available to the city . • 7. This Curb Cafe Permit is granted for a period of three years, from August 10, 2015 through August 9, 2018. 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. 8. A use fee of $100 per month per parking space (one), 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. 9. The curb cafe shall be limited to food and/or beverage serving uses only. 10. The curb cafe, including all materials, fixtures, furniture and plants, shall be maintained in good 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. 11. The curb cafe shall not have any awnings or roof elements. 12. 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. Engineering: The following conditions must be met prior to the issuance of a building permit or right of way permit, whichever comes first: 13. An encroachment agreement is required. Developer shall cause the owner to complete and submit Engineering Plancheck Application E-23 and Encroachment Agreement Submittal Checklist E-6 to the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA together with the encroachment agreement processing fee in effect at that time. Links to these forms on the city's website are: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD-22689 http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22702 The following information for both the property owner and the business owner should be submitted with the application in order for the city to prepare the encroachment agreement: A. Property Owner: • Name of property owner • Property owner's mailing address RP 14-23-BARREl REPUBliC CURB CAFE August 10, 2015 Pa e 4 • 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. B. Business Owner: • • 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. C. Signature authorization: Depending on the legal entity of the property and business owners, 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 signatorv: 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. 14. A right of way permit is required. Developer shall cause the owner to complete and submit Engineering Right of Way Application E-ll to the land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA. The link to this form on the city's website is: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD-22694 15. The right of way permit application shall be submitted together with three copies of the construction drawings that will be used for construction. When approved, these construction drawings will be used to inspect installation of the improvements. 16. The right of way permit application shall be submitted together with a traffic control plan. Examples are available for use at the Engineering Counter, 1635 Faraday Avenue.