HomeMy WebLinkAboutRP 93-03; Ralph & Eddie's Garden Patio; Redevelopment Permits (RP) (2)City of Carlsbad
Housing & Redevelopment Department
July 25, 1995
RALPH AND LANA BURNETTE
3315 MOONLEY
CARLSBAD, CA. 92008
RE: GARDEN PATIO ADDITION FOR RALPH & EDDIE'S BUILDING
Dear Ralph and Lana:
As requested, I reviewed your proposal to demolish a building you own on Grand Avenue
and to construct parking spaces to accommodate the garden patio that you wish to add to the
existing Ralph & Eddie's building. Per our prior discussions, parking is the main issue
related to the garden patio. The following issues or thoughts have been identified which may
help you in making a decision as to what you would like to do in terms of the proposed
patio.
• Under the current Village Design Manual and related City ordinances, all outdoor
patio areas are considered part of the gross floor space for a specified use and must
be parked according to the applicable parking requirements. Ralph and Eddie's has
been classified as a bar/cocktail lounge. The applicable parking requirement is 1 space
per 50 square feet of gross floor space. Therefore, your previous proposal to build a
2475 square foot patio would require a total of 50 parking spaces. If you can only
provide 14 spaces on the proposed lot, you would be allowed a maximum 700 square
foot patio. Also, you still will not be allowed to build over the 20 foot easement on
the property.
• You might want to consider a land use change to a "Bonafide Restaurant". The
definition of a restaurant is outlined in the attached ordinance. This means that the bar
and card room would be incidental uses. If you changed the land use to a Bonafide
Restaurant, your parking requirement would be 1 space per 100 square feet of gross
floor space. This means that the patio area would have a parking requirement of 1
space per 100 square feet of gross floor space. You could then build a 1400 square
foot patio as long as it was not built over the 20' easement on your property.
Since a restaurant is considered a less intense use than a bar/cocktail lounge, staff
could probably successfuUy argue that the existing building would not need to be
parked according to current parking standards and we could simply focus on the patio
itself. If you can provide 14 parking spaces which meet Engineering and Planning
standards, then Redevelopment could support a 1400 square foot patio.
2965 Roosevelt St., Ste. B • Carlsbad. CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ®
BURNETTE
July 25, 1995
Page 2
Under the current Village Design Manual and related ordinances, the subject change
in use, additional parking and garden patio would require a minor redevelopment
permit and a coastal development permit to be approved by the Design Review Board
following a public hearing.
• Under the new Master Plan and Village Design Manual which is currently in the
process for approval and adoption, outdoor patios do not need to meet a parking
requirement if the seating within the patio is less than the seating inside the building.
So, if you wait until the new plan/manual is adopted, you may be able to construct
your patio without having to provide additional parking. You also may be allowed to
convert the use to a bonafide restaurant without the need for a redevelopment permit,
if you desired to do so.
At this time, it is anticipated that the new Master Plan and Design Manual will be
adopted and fiilly implemented by the end of December, 1995. If you choose to wait,
you may be in a better position to receive approval of the patio due to the flexibility
built into the new plan/manual.
If you do not wish to wait for adoption of the new plan/manual, give me a call at 434-2935
and we can try to process the patio within the current regulations.
Sincerely,
BIE FOUNTAIN
Senior Management Analyst
City of Carlsbad
Planning Departnnent
June 30, 1994
Ralph Burnette, Jr.
3315 McKinley
Carlsbad, CA 92008
RE: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO
We are in receipt of a letter from your attomey dated Jvine 1,1994, (attached) requesting
the withdrawal of your application Nos. RP 93-03/CDP 94-03. As a result, this letter is
notification to you that RP 93-03 and CDP 94-03 have been withdrawn.
Your attomey has also requested a refund of any unused fees. The refund request is in
process. If you have any questions, please do not hesitate to contact me at (619) 438-
1161, extension 4447.
Sincerely,
TERESA A. WOODS
Associate Planner
TAWilh
RP9303.LTR
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161
Lazy Offices ofUdcfmrcC'B. Macgurn
1015 CHESTNUT AVENUE. SUITE E3
CARLSBAD. CA 92008
(619) 729-7162
FAX (619) 729-2860
June 1, 1994
Terry Woods
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad CA 92009-1576
Re: Ralph & Eddie's Garden Patio —
RP 93-03/CDP 94-03
Dear Ms. Woods:
This is a follow-up to our telephone conversations. I advised
you that my client, Ralph Burnette, Jr., desires to withdraw his
application for the Ralph & Eddie's Garden Patio. Mr. Burnette is
working on solving the parking problems that his business currently
faces. As I indicated to you when we redesign the garden patio we
will make certain that it does not impinge on any private
easements.
You indicated to me that Mr. Burnette would be entitled to a
refund of a portion of the fees that he had paid. I appreciate
your processing that refund and sending it to Ralph Burnette care
of this office. Mr. Burnette has assured me that he will be
resurfacing the parking lot in the near future to return it to
conditions as good as or better than before the construction work
was commenced.
If you need additional information, please contact me. Thank
ycu for your assistance.
rly Vitl^s,
Jl, Richard B.' Macgur
RBM:cec
cc: Ralph Burnette, Jr.
Lazy Offices of ^HicharcC'B. Macgurn
June 1, 1994
1015 CHESTNUT AVENUE, SUITE E3
CARLSBAD. CA 92008
(619) 729-7162
FAX (619) 729-2860
Terry Woods
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad CA 92009-1576
Re: Ralph & Eddie's Garden Patio
RP 93-03/CDP 94-03
Dear Ms. Woods:
This is a follow-up to our telephone conversations. I advised
you that my client, Ralph Burnette, Jr., desires to withdraw his
application for the Ralph & Eddie's Garden Patio. Mr. Burnette is
working on solving the parking problems that his business currently
faces. As I indicated to you when we redesign the garden patio we
will make certain that it does not impinge on any private
easements.
You indicated to me that Mr. Burnette would be entitled to a
refund of a portion of the fees that he had paid. I appreciate
your processing that refund and sending it to Ralph Burnette care
of this office. Mr. Burnette has assured me that he will be
resurfacing the parking lot in the near future to return it to
conditions as good as or better than before the construction work
was commenced.
If you need additional information, please contact me,
you for your assistance.
Thank
IRichard B.l Macgur
RBM:cec
cc: Ralph Burnette, Jr.
City of Carlsbad
Planningi Department
June 23, 1994
Ralph F. Burnett, Jr.
3315 McKinley
Carlsbad, CA 92008
Dear Mr. Burnett:
Enclosed is a Request for Refund form which requires your signature, so that we might
complete the processing of your refund on the application which was withdrawn. Please
sign at the X and retum both copies to me for processing. Thank you.
Sincerely yours,
BOBBIE HODER
Senior Management Analyst
End.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
810-810-0000-8216
Account No. nm-810-0000-8?] T 116
CITY OF CARLSB/\D
REQUEST FOR REFUND
.00
60. no Vendor No.
Amount of ^^f^Y^j $220.00
'0 PD 9/14/93
Date Fee P;,iH-$400 PD 3/10/94
Fee Paid For:
Fee Paid By:
MINOR RP AND COASTAL DEVELOPMENT PERMIT
RALPH F. BURNETT, JR
Facts Supporting Request: APPLICATION WITHDRAWN 6/1/94
Name of Applicant: RALPH F. BURNETT, JR.
Address: 3315 MC KINLEY CARLSBAD CA 92008 619-434-1120
Street City State Zip Telephone
Signature of Applicant: Date
Dept. Justification:
Rec:
• Approve • Disapprove Date
Finance Investigation:
Rec:
n Approve • Disapprove Dept. Head Signature Date
City Manager's Action:
• Approve • Disapprove City Manager Signature Date
\
\
City of Carlsbad
Planning Department
April 26. 1994
Ralph F. Burnette, Jr.
3315 McKinley
Carlsbad CA 92008
SUBJECT: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO
Your application has been tentatively scheduled for a hearing by the Design Review Board on
June 1, 1994. However, for this to occur, you must submit the additional items listed below,
tf the required items are not received by May 10, 1994, your project will be rescheduled for a
later hearing. In the event that the scheduled hearing date is the last available date for the City
to comply with the Permit Streamlining Act, and the required items listed below have not been
submitted, the project will be scheduled for denial.
1. Please submit the following plans.
A) 10 copies of your (site plans and building elevation plans) on 24" x 36" sheets
of paper folded into 8 1 /2" x 11" size.
B) One 8 1/2'X 11'copy of your reduced site plan and building elevation.
2. As required by Section 65091 of the California Government code, please submit the
following information needed for noticing and sign the enclosed form:
A) Owners Ust - a typewritten list of names and addresses of all property owners within
a 600 foot radius of the subject, including the applicant or owner. The list shall include
the San Diego County Assessor's parcei number from the latest equalized assessment
rolls.
B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within
a 600 foot radius of the subject property. The list must be typed in all capital letters,
left justified, and void of any punctuation. For any address other than a single family
residence, an apartment or suite number must be included. DO NOT TYPE
ASSESSOR'S PARCEL NUMBER ON LABELS. Do not provide addressed envelopes -
PROVIDE LABELS ONLY
2075 Las Palmas Drive • Cartsbad, California 92009-1576 • (619) 438-1161
PROJECT NUMBER
DATE
Pace 2
C) Radius Map - A map to scale, not less than 1" = 200', showing all lots entirely and
partially within 600 feet of the exterior boundaries of the subject property. Each of
these lots should be consecutively numbered and correspond with the property owner's
list. The scale of the map may be reduced to a scale acceptable to the Planning
Director if the required scale is impractical.
D) Fee - A fee (check payable to the City of Carlsbad or ash only) shall be paid for
covering the cost of mailing notices. Such fee shall equal the current postage rate
times the total number of labels.
Sincerely yours,
TERESA A. WOODS
Associate Planner
Attach
TAW:lh
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE
INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
APPLICANT OR APPLICANTS REPRESENTATIVE
BY
DATE
RECEIVED BY
DATE
NCTD
March 24, 1994
Terri Woods
City of Carlsbad
Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: Ralph & Eddie's Garden Patio
Dear Ms. Woods:
We have reviewed the plans for the above mentioned project which is located on Grand
Avenue, adjacent to NCTD right-of-way. Currently, NCTD leases parking spaces
within the right-of-way to Ralph & Eddie's. This lease is scheduled to expire March
31, 1994.
The Carlsbad commuter rail station will be developed within this right-of-way. Design
plans for the station do not show any available right-of-way which could be utilized as
parking.
If you have any questions regarding the plans or improvements for parking, please do
not hesitate to call.
Sincerely,
Beth Grehnan
Assistant Transportation Planner
NORTH COUNTY TRANSIT DISTRICT
South Tremont Street, Oceanside, CA 92054
619-967-2828
(^3 ~ 9f
City of Carlsbad
Planning Department
March 22, 1994
Ralph F. Burnette Jr.
3315 McKinley
Carlsbad, CA 92008
SUBJECT: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO
Dear Mr. Burnette:
The Engineering Department has compl^eted its review of the preliminary title reports submitted
March 11,1994. As discussed earlier, the Engineering Department has identified a 20-foot private
access/pipeline easement along yoiur northerly property line. This easement is found on both APN
Numbers 203-173-04 and 203-173-06. The portion of the property encumbered by the legal
easement should not be used for the project's expansion imless vacated. This easement may also
be part of the lease agreement with the Village Faire project If this is the case, the lease agreement
would also have to be amended. It is the responsibility of the applicant to ensure that easements
are vacated prior to pursiiing development proposals.
As discussed previously, parking is an issue on this project We are in receipt of letters from your
attomey disputing the lease of your property to Village Faire for parking purposes. However, to
date, we have not received notice that the lease has been invalidated. Further, as you are aware,
NCTD is in the process of improving Washington Street, thereby changing the 90"" parking shown
to parallel parking, and eliminating all parking on the east side of Washington Street After
reviewing the improvement plans for the NCTD facilities, it appears that there will not be room for
any additional parking within the NCTD right-of-way after NCTTD completes construction. With the
exception of three or four potential parallel parking spaces on the west side of Washington street,
the parking previously used for Ralph & Eddie's, within the NCTTD right-of-way and on Washington
Street, will no longer be available. The resulting parking available to Ralph & Eddie's includes
three to four spaces on the west side of Washington Street and five spaces behind the existing
establishmenL The eleven potential parking spaces on APN Numbers 203-173-06 & 13, caimot be
counted for your project imless the Village Faire lease is proved to be invalid.
As the proposed project has inadequate parking and the proposed expansion would encroach into
a legal easement, staff cannot support your request Please advise us if you wish to proceed to
hearing immediately with a staff recommendation of denial or would prefer withdrawing your
application to pursue resolving the lease agreement with Village Faire and vacating the easement
on the northerly portion of the property.
Sincerely,
TERESA A. WOODS
Associate Plaimer
c: Bob Wojcik "r^^^"*
^ RP9303DE.LTR
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
f)itv of Carlsbad
Housing & Redevelopnnent Department
March 22, 1994
MR. ROBERT B. BURKE
T.I.O LTD./VILLAGE FAIRE
P.O. BOX 1575
CARLSBAD, CA. 92008-0262
RE: GROUND LEASE WITH RALPH BURNETTE AND DENLVL OF ACCESS
TO LEASED PROPERTY FROM WASHINGTON STREET
Dear Bob:
Thank you for your letter dated March 11, 1994 regarding access to the property you lease from
Mr. Ralph Burnette. Staff researched the issues regarding ingress and egress to the leased
property. In reviewing the ground lease, staff confirmed that the property as covered by the
lease does include a 20' easement which runs behind Ralph and Eddie's, as well as Kay
Christiansen's property, as shown on the attached site map.
The City has contacted Mr. Burnette and requested that he comply with the terms of the ground
lease and reestablish the access to the leased property via the subject easement (see attached
letter). We have indicated to Mr. Burnette that staff will recommend against the construction of
the proposed new garden patio if it will block access to the leased property via the easement.
The issue, however, seems to be complicated by the fact that TIO Ltd. was notified on
November 10, 1993 that it was in monetary default on the ground lease. TIO Ltd. had
apparently not made a rent payment since March, 1993. The monetary default allowed Mr.
Burnette to terminate the lease after giving proper notice. Although Mr. Burnette gave you
written notice on December 3, 1993 regarding the lease termination, he failed to give proper
notice to the Carlsbad Housing and Redevelopment Commission. Therefore, in our opinion, the
lease termination was not valid. We hope this financial matter has been resolved between you
and Mr, Burnette by this date. If not, the monetary default will further complicate the
City/Agency's efforts to make Mr. Burnette comply with the terms of the subject ground lease.
As a third party beneficiary to the subject ground lease, we strongly encourage both you and Mr.
Burnette to fully comply with the terms of the lease at all times. We believe this is in the best
interest of all parties including the Carlsbad Redevelopment Agency. We have asked Mr.
Burnette to work with you to develop an alternate solution for access to the leased property if
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^
R. Burke
March 22, 1994
Page 2
he no longer wishes to provide access via the 20' easement behind his cardroom. The ground
lease would need to be appropriately amended to the satisfaction of both parties to reflect any
changes to the access.
Your cooperation in this matter will be greatly appreciated. If you have any questions regarding
this correspondence, please contact my office at 438-1161 X4200.
Sincerely,
MARTIN ORENYJQC^
Community Development Director
c: Housing and Redevelopment Director
g)itv of cSrIsbad
Housing & Redevelopment Pepartment
March 22, 1994
Mr. Ralph F. Burnette, Jr.
3315 McKinley
Carlsbad, Ca. 92008
RE: Ground Lease with TIO-TIL, Ltd. for Village Faire Parking F^irposes
Dear Mr. Burnette:
The City of Carisbad has recently been contacted by Robert Burke, of TIO Ltd., regarding the
denial of access from Washington Street to the property TIO Ltd. leases from you for parking
purposes for Village Faire. Although this would normally be a private party matter, the Carlsbad
Redevelopment Agency feels it should be involved in the resolution of this problem because the
Agency is considered a third party beneficiary within the ground lease.
The ground lease between you and TIO Ltd. mcludes a 20' easement which runs behind the
Ralph and Eddie's Card Room and Kay Christenson's property. Therefore, unless the ground
lease is amended, it is the City/Agency's position that you must maintain the 20' easement for
driveway purposes. The easement must remain open; there should be no barricades, walls
constructed or cars parked which would prevent the use of the easement as a driveway. The City
will recommend against the construction of the garden patio if it will block access via the noted
easement.
It is my understanding that you continue to dispute the validity of the agreement. However, until
determined otherwise by a court of law, it is the City/Agency's position that the ground lease
is valid and that you are obliged to honor the terms and conditions outlined within it. We also
understand that you have notified TIO Ltd. that they are in default of the ground lease due to
non-payment of rent and that the lease has been terminated. Please note that Section 15.5 of the
lease states that "in event of a default by Tenant pursuant to which Landlord has the right...to
terminate this lease or Tenant's rights hereunder, prior to such termination. Landlord agrees that
it will give written notice to the Housing and Redevelopment Commission of the City of
Carlsbad." If the Commission chooses to do so, the Redevelopment Agency has the right to
assume the Tenant's rights, duties and obligations under the lease within ten (10) days of receipt
of the notice. To date, the Commission has not received the required notice from you indicating
your intent to terminate the lease with TIO Ltd. due to monetary default.
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^
R. Burnette
March 22, 1994
Page 2
As a third party beneficiary to the subject ground lease, we strongly encourage both you and
TIO Ltd. to ftilly comply with the terms of the lease. We believe this is in the best interest of
all parties. If you do not wish to provide access via the 20' easement behind your cardroom, you
will need to work with TIO Ltd. to develop an alternate solution and appropriately amend your
ground lease.
Your cooperation in this matter will be greatly appreciated. If you have any questions regarding
this correspondence, please contact my office at 438-1161 X4200 or Debbie Fountain at 434-
2935.
Sincerely,
MARTI
Community Development Director
c: Housmg and Redevelopment Director
Bob Burke, TIO Ltd.
March 22, 1994
TO: COMMUNITY DEVELOPMENT DIRECTOR
FROM: SENIOR MANAGEMENT ANALYST, DEBBIE FOUNTAIN
GROUND LEASE BETWEEN TIO-TIL (VILLAGE FAIRE) AND RALPH BURNETTE
FOR PARKING PURPOSES
As requested, staff researched the issues related to Bob Burke's letter of March 11, 1994
regarding ingress and egress to the property he leases from Ralph Burnette for Village Faire
parking purposes. In reviewing the ground lease between the two parties, staff confirmed that
the property covered by the lease includes a 20' easement which runs behind Ralph and Eddie's,
as well as Kay Christenson's property, as shown on the attached site map. The lease between
the Bumettes and TIO-TIL supports Mr. Burke's claim regarding access.
It appears that the Burnettes will be in default on the ground lease if they do not maintain the
20' easement for driveway purposes. Staff discussed this issue with Mr. Burnette when he was
first told to discontinue his efforts to build the "garden patio." Mr. Burnette claimed that the
easement was no longer necessary because altemate access is available to the property from
Grand Avenue. Mr. Burnette was warned that the access issue could present a problem in
approving his new patio. However, Mr. Burnette disputed, and continues to dispute, the validity
of the ground lease because it was executed by his father only. He has threatened to sue the City
several times if we disapprove his garden patio based on the terms of the lease.
The issue is ftirther complicated by the fact that Mr. Burnette, through his attomey Richard
Macgum, notified TIO-TIL on November 10, 1993 that they were in "monetary default" on the
ground lease. Based on recent correspondence (see attached) from Mr. Macgum to TIO-TIL,
it appears that Village Faire quit making rental payments on the leased property as of March,
1993. Due to the non-payment of rent, Ralph Burnette elected to terminate the lease based on
the monetary default as of December 3, 1993.
According to the ground lease, Mr. Bumette was required to notify the Housing and
Redevelopment Agency/Commission of the default and intent to terminate the lease. Since he
did not do so, it is my assumption that Mr. Bumette's termination of the lease is invalid at this
time. Upon notification of the intent to terminate the lease, the Agency then has ten (10) days
to respond to the notice. The Agency would have the right to assume TIO-TIL's rights, duties
and obligations under the lease provided that concurrent with the assumption the Agency "cures
all" monetary defaults. If the Agency assumes the lease, all of the rights, duties and obligations
of TIO-TIL are assigned to the Agency. It is my understanding that to correct the monetary
default Mr. Burnette would need to be paid $7,479.
Since the Redevelopment Agency is a thu-d party beneficiary to the lease, it seems appropriate
for the Agency to send both parties correspondence which outlines our position on the matter.
Attached are two (2) letters for your signature. If you wish to handle this matter in a different
manner or would like to make changes to the letters, please let me know.
Housing and Redevelopment Director
I » ;
EXHIBIT A
DESCRIPTION OF PREMISES
Parcel A:
The Southwesterly 60 feet of the Northwesterly 30 feet of the
Southwest 300 feet, measured along the Southeasterly line of
Block 10, Carlsbad Townsite, according to Map thereof No. 365
filed February 2, 1887.
Parcel C:
1. That portion of Block 10 of Carlsbad, in the City of
Carlsbad, County of San Diego, State of California according to
the Map thereof No. 365 filed in the office of the County
Recorder of San Diego County February 2, 1887, and described as
IOIlows:
Beginning at the Southeasterly corner of Block 10; thence
??V M ! ^*?' ^^^^ ^ distance of 140 feet; thence North 35
14 West a distance of 60 feet to the true point of
beginning; continuing North 35 14' West a distance of 80
feet; thence South 55 27; West a distance of 30 feet;
M^^J?K%c''''^i?J^ ^^^^ ^ distance of 80 feet; thence North 55 27' East a distance of 30 feet to the true point of beginning. ^
2. An easement for ingress, egress, pipelines and roadway
purposes over, under, along, and across the Northwesterly 20
teet, as reserved in Deeds recorded August 12, 1955 in Book
5752 , Page 427 and August 25, 1952 in Book 4569, Page 262 of
Official Records.
see attached map
Law Offices of ^cfiard^. Macgurn
1015 CHESTNUT AVENUE, SUITE E3
CARLSBAD. CA 92008
(619) 119-1 m
December 03, 1993 FAX (619) 729-2860
Stephen M. L'Heureux
2111 Palomar Airport Road, Ste. 300
Carlsbad, CA 92009-1432
Re: T.I.O., Ltd. - Ralph Burnette Ground Lease
dated April 21, 1988
Dear Mr. L'Heureux:
Thank you for your letter of November 24, 1993. Please be
advised that your client T.I.O. - T.I.L., a California limited
partnership, tenant under that certain Ground Lease dated April
21, 1988, is in default of said lease pursuant to paragraph 15.1
subparagraph A. The tenant has failed to pay rent which became
due on March 10, 1993, April 10, 1993, May 10, 1993, June 10,
1993, July 10, 1993, August 10, 1993, September 10, 1993, October
10, 1993 and November 10, 1993. I calculated a total of 9 months
at $831.00 per month for a total of $7,479.00. Please consider
this letter a demand for payment of that sum forthwith.
Please be advised that the landlord elects under paragraph
15.2 of said lease to cancel and terminate the subject lease and
to rent or take possession of the premises. Any effort by the
tenant to occupy the premises could result in a breech of the
peace.
Please"be advised "th¥t 'if thiT sum due under the lease of
$7,479.00 is not received in this office within 10 days of this
letter that we will pursue any remedies available to us.
My client also holds certain checks payable by T.I.O., Ltd.
to Ralph Burnette, Sr. and Ralph Burnette, Jr. as follows:
Date Qf Check'^- ^'
; , .6/20/90
7/16/90
8/20/90
9/24/90
,10/22/90
,- 11/26/90
12/17/90
' ' 1/28/91 ' ;
2/27/91'
Check No. Amount
3584 $831.00
3854 $831.00
4483 $831.00
5008 $831.00
5457 $83i:oo
5928 $831.00
6200 $831.00
.6788 , $831.00
7195 $831.00
Stephen M. L'Heureux
December 3, 1993
Page Two
3/25/91 7559 $831.00
4/22/91 7961 $831.00
5/28/91 8416 $831.00
6/27/91 8850 $831.00
7/29/91 9261 _ $.831.00
8/26/91 " 9691 $831.00
9/23/91 10102 $831.00
10/28/91 10529 $831.00
11/25/91 10902 $831.00
12/23/91 339 $831.00
1/27/92 771 $831.00
2/24/92 1128 $831.00
3/23/92 327 $831.00
4/27/92 739 $831.00
"5/25/92 1115 $831.00
vs6/22/92 i , I ' 1489 $831.00
7/27/92 1
; .•'/'•• . 1914 $831.00
8/24/92 I- i 2305 $831.00
9/28/92 2736 $831.00
10/26/92 • " • 1 3093 $831.00
11/23/92 3489 $831.00
12/28/92 4010 $831.00
1/24/93 4378 $831.00
2/22/93 4712 $831.00
TOTAL $27,423.00
Please consider this a letter offering to tender these
checks in return for. the payment of $27,423.00, in either
certified funds or another check payable to Ralph Burnette, Sr.
and Ralph Burnette, Jr, These checks are all stale dated at this
time and need to be replaced. If the sum of $27,423.00 is not
received in this office within 10 days we will pursue all
remedies available to us to collect the amounts owed to mv
client.
if you have any questions, please contact me.
Very ttuly
RBM;bda ^
cc: ^ Ralph Burnette, Jr.
Richard B. Macgu
(3)
' -it-
' ' Lazu offices ofS(icfiarc{CB. Macgurn
1015 CHESTNUT AVENUE. SUIIE E3
CARLSBAD. CA 92008
(619) 729-7162
FAX (619) 729-2860
November 10, 1993
T.I.O.-T.I.L, A California Limited Partnership
Attn; DHW General Partner, Robert B. Burke
Neimans/Village Faire
P.O. Box 1575
Carlsbad, CA 92018.
Re: Ground Lease dated April 21, 1988
Dear Mr. Burke:
I represent Ralph Burnette, Jr. concerning that certain Ground
Lease dated April 21, 1988 by and between Ralph F. Burnette and
T.I.O.-T.I.L., a California Limited Partnership. I believe you are
aware of the fact that this lease was entered into by Ralph F.
tBurnette, Sr. without the authorization or consent of Ralph
•"'^.'^[u ' .-^Burnette, Jr. I believe you are also aware of the fact that
• ; • v-T.I.O.-T.I.L., a California Limited Partnership was made aware of
the fact that Ralph Burnette, Jr, did not wish to lease this
'K;''' V property to the partnership. Nonetheless, the lease was entered
J^^^i^ .'^^ into in 1988 and rent was paid pursuant to the lease.
fv-'. I understand that you were notified that Ralph F. Burnette,
Jr. believed the lease was invalid in April of 1990 and since April
of 1990 none of the checks that have been sent to Ralph Burnette,
Jr. and Ralph Burnette, Sr. have been negotiated. If your bank
. records indicate differently, I would appreciate you advising me of
same. T.I.O., Ltd. made their last rent payment on February 22,
1993 for March of 1993. Since March of 1993, T.I.O., Ltd has
failed to make any rent payments pursuant to the subject Ground
Lease. Therefore, not only is the Ground Lease invalid because not
all of the owners entered into it but also T.I.O., Ltd. is now in
breach of the Ground Lease.
Please consider this letter a demand that T.I.O., Ltd.
acknowledge in writing that the Ground Lease is invalid and void.
In return Ralph Burnette, Jr. will agree not to negotiate any of
the checks that have been tendered to the landlord since April of
1990. Further, Mr. Burnette, Jr. will hold T.I.O., Ltd. harmless
RECEIVED
DEC 2 2 {033
CITY OF Ci^.:^LS2.;D
r "5 3.i ,»•,' ••.-; .1
'.'••l,>;'-
Robert B. Berk
November 10, 1993
Page Two
from any claim Ralph Burnette qr m=„
to the Ground Lease T i o^^%t?".'^ "d.
^^^'^^^'^^''^Z;^:^^^^^ t^a; t\^ ^1^^
remedies available to us. letter, we will pursue all
Please review this demand and respond accordingly
. RBM:cec
1^cci Ralph Burnette, Jr.
••:4K
iff.
(VILLACE fAIRB
POST OFFICE
CARLSBAD, CALIFORNIA
92008
619-43
Box 1575
0262
3522
March 11, 1994
Marty Orenyak
City of Carlsbad
Community Development Director
2075 Las Palmas
Carlsbad, CA 92008
Dear Marty,
Please accept this letter as a formal complaint
concerning the denial of access to the Grand Avenue
Parking Lot from Washington Street by Mr. Ralph
Burnette. In the past, I have verbally expressed the
same complaint to the City of Carlsbad.
Requests have been made by T.I.O. Ltd. to Mr. Burnette
to permit unblocked access from Washington Street.
Parked cars and barricades prohibit this entrance on
Washington Street to be used as an ingress or egress.
Enclosed is a copy of the certified letter mailed to
Mr. Burnette on March 10, 1994.
Your assistance to resolve this matter that has drug
on for months will be appreciated.
Sincerely,
Ffobert B. Burke
General Partner, T.I.O. Ltd.,
March 11, 1994
Ralph Burnette
C/O Richard MacGurn
1015 Chestnut Suite E3
Carlsbad, CA 92008
RE: Parking
CERTIFIED
Dear Mr. Burnette,
POST OFFICE BOX 1575
•
CARLSBAD, CALIFORNIA
•
92008-0262
•
619-434-3522
•
This letter is a formal demand to allow access to the
Grand Avenue Parking Lot from Washington Street, and
further demand property be returned to previous
condition, with all improvements reconstructed to
prior status.
As we have communicated to you several times in the
past, T.I.O. Ltd., continues to be denied use of
certain portions including ingress and egress from
Washington Street. The entrance from Washington
Street has been blocked for a considerable period of
time by parked cars and barricades.
Enclosed is a drawing of the Grand Avenue Parking Lot
identifying the blocked entrance.
Sincerely,
cobert Barke
General Partner, T.I.O. Ltd.,
cc: City of Carlsbad, Marty Orenyak
GRAND AVENUE "PARKING LOT"
I i
EXISTINO BUILOINQ
! I
L
EXISTMO BUILDINO
i I
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K
ExaTiNa BuiLoma
J
I
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05 < 5
GRAND AVENUE
City of Carlsbad
Planning Department
March 11, 1994
Ralph F. Bumette Jr.
3315 McKinley
Carlsbad, CA 92008
SUBJECT: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO i
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your Minor Redevelopment Permit and Coastal Development Permit, application nos.
RP 93-03/CDP 94-03, as to its completeness for processing.
The items requested from you earlier to make your Minor Redevelopment Permit and Coastal
Development Permit, application nos. RP 93-03/CDP 94-03 complete have been received and
reviewed by the Planning Department. It has been determined that the application is now complete
for processing. Although the initial processing of your application may have already begun, the
technical acceptance date is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that
could be discovered during project review and/or environmental review. Any issues should be
resolved prior to scheduling the project for public hearing. In addition, the City may request, in
the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement
the basic information required for the application.
Please contact your staff planner, Terri Woods, at (619) 438-1161 extension 4447, if you have any
questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:TW:vd
c: Gary Wayne
Adrienne Landers
Bobbie Hoder
Bob Wojcik
Debbie Fountain
File Copy
Data Entry
Marjorie/Rich
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
PIONEER MANAGEMENT CO.
GROSSM lr ^ 3mK BUILDING • 138 ESCONDIDO AVE., STE. 201 > VISTA, CA 92084
(619)726 FAX (619) 726-8899
3! I
fpginning April 1, 1994, The NortJi County Transit Distirict will need
you lease from us for parking, to begin the site development for
tlhlll (|:^i^bad St:ation of the light rail system.
ikfllip: the project is conpleted tJie "District" will lease parking spaces
di they become available. You've been an excellent tenant and we
jpontinue the relationship.
ijd l^ou have any questions, please call me.
y yours.
9, 1994
pll Bumette
ladle's
ii Ave.
CA 92008
iger for NCID
City of Carlsbad
Planning Departnnent
February 3, 1994
Ralph F. Burnette Jr.
3315 McKinley
Carlsbad, CA 92008
SUBJECT: RP 93-03 - RALPH & EDDIE'S GARDEN PATIO
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Minor Redevelopment Permit, application no. RP 93-03, as
to its completeness for processing.
On October 12, 1993 and January 13, 1994 you were notified that your application was
incomplete as submitted as the title report submitted was incomplete and a completed
Public Facilities Agreement had not been submitted. To date, these items have still not
been submitted. In addition, due to a misinterpretation of Coastal Development permitting
procedures, we failed to notify you that a Coastal Development Permit application for your
project is required. Your project is located within the Coastal Zone and a Coastal
Development Permit must, therefore, be processed concurrent with the Minor
Redevelopment Permit request. Consequently, in addition to the incomplete items listed
above, you must submit a completed Coastal Development Permit application and submit
required supporting materials and pay the required processing fee. Based on the
incomplete title report, needed Public Facilities Agreement, and required Coastal
Development Permit application, your application is still deemed incomplete. Listed below
are the items still needed in order to deem your application as complete. This list of items
must be submitted directiv to vour staff plarmer by appointment. All list items must be
submitted simultaneously and a copv of this list must be included with vour submittals.
No processing of your application can occur until the application is determined to be
complete. When all required materials are submitted, the City has 30 days to make a
determination of completeness. If the application is determined to be complete, processing
for a decision on the application will be initiated. In addition, please note that you have
six months from the date the application was initiallv filed, September 14, 1993, to either
resubmit the appUcation or submit the required information. Failure to resubmit the
application or to submit the materials necessary to determine your application complete
shall be deemed to constitute withdrawal of the application. If an application is withdrawn
or deemed withdrawn, a new application must be submitted.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 '0
RP 93-03 - RALPH & EDDIE'S GARDEN PATIO
FEBRUARY 3, 1994
PAGE TWO
We apologize for any inconvenience that the delayed notice of the required submittal of
a Coastal Development Permit application may cause. Please contact your staff planner,
Terri Woods, at (619) 438-1161, extension 4447, if you have any questions or wish to set
up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
Attachment
MJH:TW:vd
c: Gary Wayne
Adrienne Landers
Bobbie Hoder
Bob Wojcik
Debbie Fountain
Fife Copy ^
Data Entry
Marjorie/Rich
LIST OF ITEMS NEEDED
TO COMPLETE APPLICATION:
No. RP 93-03 - RALPH 8c EDDIE'S GARDEN PATIO
PLANNING:
1. Submit a complete Title Report for all parcels included in the project, pursuant to
application submittal requirements.
2. Submit a completed Public Facilities Agreement and pay the PubUc Facilities Fee in
the amount of $50.00.
3. Submit a completed Coastal Development Permit application, required supporting
documentation, and pay the processing fee in the amount of $400.00.
(5
City of Carlsbad
Planning Department
January 13, 1994
Ralph F. Bumette Jr.
3315 McKinley
Carlsbad, CA 92008
SUBJECT: RP 93-03 - RALPH & EDDIE'S GARDEN PATIO
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has
reviev^ed your Redevelopment Pennit, appHcation no. RP 93-03, as to its completeness for processing.
We are in receipt of the Title Report you submitted in response to our letter dated October 12, 1993. As
discussed earUer, the Title Report for this project should include all parcels of the project. It appears that
the Report submitted only covers one parcel (APN# 203-173-04). As submitted, the parcels of proposed
off-site parking are not included, and thus, the Title Report submitted is not complete. In addition, after
further review of your application we noted that a completed Public Facilities Agreement had not been
submitted, nor the Public Facilities Fee paid at the time of appHcation submittal. Based on the incomplete
Title Report and the needed Public Facilities Agreement, Your application is still deemed incomplete. Listed
below are the items stiU needed in order to deem your application as complete. This hst of items must be
submitted directly to your staff planner by appointment. All Ust items must be submitted simultaneouslv
and a copy of this list must be included vyith yovu: submittals. No processing of your application can occur
until the application is determined to be complete. When all required materials are submitted the City has
30 days to make a determination of completeness. If the application is determined to be complete,
processing for a decision on the application wiU be initiated. In addition, please note that you have six
months from the date the application was initiallv filed, September 14, 1993, to either resubmit the
application or submit the required information. Failure to resubmit the application or to submit the
materials necessary to determine your application complete shaU be deemed to constitute withdrawal of
the application. If an application is withdrawn or deemed withdrawn, a new application must be
submitted.
Please contact your staff planner, Terri Woods, at (619) 438-1161, extension 4447, if you have any
questions or wish to set up a meeting to discuss the application.
7 IVflCHAEL J. HOLZMILLER
: Planning Director
c: Gary Wayne
Adrienne Landers
Bobbie Hoder
Bob Wojcik
Debbie Fountain
File Copy f
Data Entry
Marjorie/Rich
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
UST OF ITEMS NEEDED
TO COMPLETE APPLICATION:
No. RP 93-03 - Ralph & Eddie's Garden Patio
PLANNING:
1. Submit a complete Title Report for aU parcels included in the project, pursuant to appHcation
submittal requirements.
2. Submit a completed Public Facilities Agreement (attached) and pay the Public Facilities Fee in the
amount of $50.00.
Law offices offHicftarc(CB. Macgurn
1015 CHESTNUT AVENUE, SUITE E3
CARLSBAD, CA 92008
(619) 129-1162
December 03, 1993 FAX (619) 729-2860
Stephen M. L'Heureux
2111 Palomar Airport Road, Ste. 3 00
Carlsbad, CA 92009-1432
Re; T.I.O., Ltd. - Ralph Burnette Ground Lease
dated April 21, 1988
Dear Mr. L'Heureux:
Thank you for your letter of November 24, 1993. Please be
advised that your client T.I.O. - T.I.L., a California limited
partnership, tenant under that certain Ground Lease dated April
21, 1988, is in default of said lease pursuant to paragraph 15.1
subparagraph A. The tenant has failed to pay rent which became
due on March 10, 1993, April 10, 1993, May 10, 1993, June 10,
1993, July 10, 1993, August 10, 1993, September 10, 1993, October
10, 1993 and November 10, 1993. I calculated a total of 9 months
at $831.00 per month for a total of $7,479.00. Please consider
this letter a demand for payment of that sum forthwith.
Please be advised that the landlord elects under paragraph
15.2 of said lease to cancel and terminate the subject lease and
to rent or take possession of the premises. Any effort by the
tenant to occupy the premises could result in a breech of the
peace.
Please" be advised that if the sum due under the lease of
$7,479.00 is not received in this office within 10 days of this
letter that we will pursue any remedies available to us.
My client also holds certain checks payable by T.I.O., Ltd.
to Ralph Burnette, Sr. and Ralph Burnette, Jr. as follows:
^ ^bate of Check
,..,^20/90
7/16/90
8/20/90
9/24/90
10/22/90
^11/26/90
12/17/90
^^V 1/28/91
2/27/91
tvUj. .. ., , ^
Check No. Amount
3584 $831.00
3854 $831.00
4483 $831.00
5008 $831.00
5457 $83i:oo
5928 $831.00
6200 $831.00
. 6788 . , $831.00
7195 $831.00
Stephen M. L'Heureux
December 3, 1993
Page Two
3/25/91
4/22/91
5/28/91
6/27/91
7/29/91
8/26791""
9/23/91
10/28/91
11/25/91
12/23/91
1/27/92
'2/24/92
;2 3/23/92
/^.^ 4/27/92
\!f'5/25/92 . ,
\C\6/2*2/92 1
i\ 1/21/32 a
8/24/92
9/28/92
10/26/92
. 11/23/92
12/28/92
1/24/93
^-2/22/93
TOTAL
7559
7961
8416
8850
9261
' 9691
10102
10529
10902
339
771
1128
327
739
1115
1489
1914
2305
2736
3093
3489
4010
4378
4712
$831.00
$831.00
$831.00
$831.00
$831 ,.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831.00
$831,00
$27,423.00
Please consider this a letter offering to tender these
checks in return: for: the payment of $27,423.00, in either
certified funds or another check payable to Ralph Burnette, Sr
and Ralph Burnette, Jr. These checks are all stale dated at this
time and need to be replaced. If the sum of $27,423.00 is not
received in this office within lo days we will pursue all
remedies available to us to collect the amounts owed to mv
client,
I/.
if you have any questions, please contact me.
RBM:bda
cc: Ralph Burnette, Jr.
Richard B. Macgu
9
J ' Law Offices of HiicHarcC^. Macgurn
.]( 1015 CHESTNUT AVENUE. SUITE E3
]i CARLSBAD, CA 92008
:j (619) 729-7162
] FAX (619) 729-2860
I November 10, 1993
;| . ,
T. I .O.-T. I .L, A California Limited Partnership
j( , Attn; DHW General Partner, Robert B. Burke
Neimans/Village Faire
P.O. Box 1575
Carlsbad, CA 92018.
Re: Ground Lease dated April 21, 1988
Dear Mr. Burke:
I represent Ralph Burnette, Jr. concerning that certain Ground
Lease dated April 21, 1988 by and between Ralph F. Burnette and
T.I.O.-T.I.L., a California Limited Partnership. I believe you are
aware of the fact that this lease was entered into by Ralph F.
Burnette, Sr. without the authorization or consent of Ralph
Burnette, Jr, I believe you are also aware of the fact that
'^:T.I.O.-T.I.L., a California Limited Partnership was made aware of
the fact that Ralph Burnette, Jr. did not wish to lease this
fe,property to the partnership. Nonetheless, the lease was entered
rtinto in 1988 and rent was paid pursuant to the lease.
I understand that you were notified that Ralph F. Burnette,
Jr. believed the lease was invalid in April of 1990 and since April
-I of 1990 none of the checks that have been sent to Ralph Burnette,
•1: Jr. and Ralph Burnette, Sr. have been nego1:iated. If your bank
If records indicate differently, I would appreciate you advising me of
;%same. T.I.O., Ltd. made their last rent payment on February 22,
' •M993 for March of 1993. Since March of 1993, T.I.O., Ltd has
\^\ I Eailed to make any rent payments pursuant to the subject Ground
'I Lease. Therefore, not only is the Ground Lease invalid because not
'fv|(j^^' ' owners entered into it but also T.I.O., Ltd. is now in
^nht\ breach of the Ground Lease.
J'Kf Please consider this letter a demand that T.I.O., Ltd.
(M)^ i acknowledge in writing that the Ground Lease is invalid and void.
TV^V . In return Ralph Burnette, Jr. will agree not to negotiate any of
^_ h'^ ^ the checks that have been tendered to the landlord since April of
t < 1990. Further, Mr. Burnette, Jr. will hold T.I.O., Ltd. harmless
r.vff( ^' ' RECEiVED
^ ' ^ DEC22 1333
,Robert B. 'Berk
November 10, 1993
Page Two
Ltd
RBM:cec
cc; Ralph Burnette, Jr.
»^ 'if
^ Law Offices of^Rjcliard'B. Macgurn
1015 CHESTNUT AVENUE. SUITE E3
CARLSBAD. CA 92008
(619) 729-7162
FAX (619) 729-2860
November 10, 1993
T.I.O.-T.I.L, A California Limited Partnership
Attn: DHW General Partner, Robert B. Burke
Neimans/Village Faire
P.O. Box 1575
Carlsbad, CA 92018.
Re: Ground Lease dated April 21, 1988
Dear Mr. Burke:
I represent Ralph Burnette, Jr. concerning that certain Ground
Lease dated April 21, 1988 by and between Ralph F. Burnette and
T.I.O.-T.I.L., a California Limited Partnership. I believe you are
aware of the fact that this lease was entered into by Ralph F.
Burnette, Sr. without the authorization or consent of Ralph
Burnette, Jr. I believe you are also aware of the fact that
T.I.O.-T.I.L., a California Limited Partnership was made aware of
the fact that Ralph Burnette, Jr, did not wish to lease this
property to the partnership. Nonetheless, the lease was entered
into in 1988 and rent was paid pursuant to the lease.
I understand that you were notified that Ralph F. Burnette,
Jr. believed the lease was invalid in April of 1990 and since April
of 1990 none of the checks that have been sent to Ralph Burnette,
Jr. and Ralph Burnette, Sr. have been negotiated. If your bank
records indicate differently, I would appreciate you advising me of
same. T.I.O., Ltd. made their last rent payment on February 22,
1993 for March of 1993 . Since March of 1993, T.I.O., Ltd has
failed to make any rent payments pursuant to the subject Ground
Lease. Therefore, not only is the Ground Lease invalid because not
ail of the owners entered into it but also T.I.O., Ltd. is now in
breach of the Ground Lease.
Please consider this letter a demand that T.I.O., Ltd.
acknowledge in writing that the Ground Lease is invalid and void.
In return Ralph Burnette, Jr. will agree not to negotiate any of
the checks that have been tendered to the landlord since April of
1990. Further, Mr. Burnette, Jr. will hold T.I.O., Ltd. harmless
i • 'r ^
^ Robert B. Berk
November 10, 1993
Page Two
mm:'
•'II <.,-:"«•'
I 'If
from any claim Ralph Burnette, Sr. may make against T.I.O., Ltd.
pursuant to the Ground Lease. If T.I.O., Ltd. is unwilling to
enter into a written agreement acknowledging that the Ground Lease
is void within ten (10) days of this letter, we will pursue all
remedies available to us.
Please review this demand and respond accordingly.
'er!
RBM;cec
cc: Ralph Burnette, Jr.
^"''M-, - •• Infest'
PIONEER MANAGEMENT CO.
GROSSMONT BANK BUILDING • 138 ESCONDIDO AVE., STE. 201 • VISTA, CA 92084
(619) 726-8832 • FAX (619) 726-8899
^fovember 2, 1993
Ralph Bumette
Ralph & Eddies
370 Grand Ave*
Carlsbad, CA 92008
Dear Ralph,
I've reviewed your request to lease parking area(s) .for your business..
At this point in tiine the exact locations of available space to be
leased for parking cannot be determined vMle the project is still in
development.
The North County Transit District will lease parking spaces to you
as they become available after the conpletion of the station for the'light
rail system. You have been a es^ellent toiant mid we will do everything
possible to lease parking spaces for your business as long as there is
space available.
If you have any questions, please call me.
Cordially,
Tem Oonke
City of Carlsbad
Planning Department
October 12, 1993
Ralph F. Bumette Jr.
3315 McKinley
Carlsbad, CA 92008
SUBJECT: RP 93-03 - RALPH & EDDIE'S GARDEN PATIO
Thank you for applying for Land Use Permits in the City of Carlsbad. The Plaiming Department
has reviewed your Redevelopment Permit, application no. RP 93-03, as to its completeness for
processing.The application is incomplete, as submitted. Attached is the list of information which
must be submitted to complete your application. This list of items must be submitted direcdy to
vour staff planner by apoointmcnt. AU list iteins must be submitted simultaneouslv and a copv of
this list must be inchided with vour submittab. No processing of your application can occur imtil
the application is determined to be complete. When all required materials are submitted the City
has 30 da3^ to make a determination of completeness. If the application is determined to be
complete, processing for a decision on the application will be initiated. In addition, please note that
you have six months from the date the application was initially filed, September 14,1993, to either
resubmit the application or submit the required information. Failmre to resubmit the application
or to submit the materials necessary to determine yom: application complete shall be deemed to
constitute withdrawal of the application. If an appUcation is withdrawn or deemed withdrawn, a
new appUcation must be submitted.
Although your appUcation is incomplete as submitted, staff has reviewed the appUcation for adding
an enclosed patio, including fencing at 390 Grand Avenue. Staff caimot support this request and
recommends that the appUcant withdrawal their appUcation for the foUowing reasons:
• The Conditional Use Permit (CUP-214) for Ralph and Eddie's was originaUy approved with
46 parking spaces as foUows:
SPACES ON-SITE 6
SPACES IN WASHINGTON STREET R.O.W. 11
SPACES IN RAILROAD R.O.W. 18
SPACES OFF-SITE ON PROPERTY OWNED TO THE
WEST
11
TOTAL SPACES APPROVED 46
Since approval of CUP-214, the 11 spaces located off-site to the west have been leased to
T.I.O -T.I.L., a Califomia limited partnership. The 11 spaces located in the Washington
Street right-of-way and 18 spaces in the railroad right-of-way v\dU be eliminated with the
constmction ofthe NCTD rail station. One of the spaces located on-site has been eliminated
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
(I)
RP 93-03 - RALPH & EDDlMRARDEN PATIO
OCTOBER 12, 1993
PAGE TWO
to provide for rear entry access into the building. The result is five parking spaces
remaining for the existing 4,950 square foot bidlding. Five spaces is far below the required
parking of 59 spaces, for the existing use. Staff cannot support eliminating the five spaces
remaining for the constmction of an approximately 2,475 square foot patio expansion,
making the existing parking problem worse.
• The subject property is located within the coastal zone. Pursuant to the City's Local Coastal
Program, "within the coastal zone iimovatiye means of fulfilling off-street parking
requirements may be pennitted; however, such innovative arrangements must be approved
by the Coastal Commission or its executive director as an amendment to the Local Coastal
Program." Therefore, the City caimot approve reduced parking standards within the coastal
zone without prior Coastal Commission approval.
• The Cit/s Redevelopment Plan is currendy being revised. One item cxurendy being
considered as part of the redevelopment plan update is the creation of paridng districts. If
such districts are formed sometime in the future, needed parking for your proposed
expansion may be provided. It would be appropriate to re-submit your appUcation for the
proposed patio, if such parking districts are formed.
If you choose not to wdthdrawal your appUcation at this time, upon detennining your appUcation
complete, staff wiU proceed forward widi a recommendation of denial for the proposed projecL
Please contact your staff planner, Terri Woods, at (619) 438-1161 extension 4447, if you have any
questions or vnsh to set up a meeting to discuss the appUcation.
tICHAEL J. HOLZMILLER
Planiung Director
MJH:TW:vd
c: Gary Wayne
Adrienne Landers
Bobbie Hoder
Bob Wojcik
File Copy
Data Endy
Marjorie/Steve
0
LIST OF ITEMS NEEDED
TO COMPLETE APPUCATION:
No. RP 93-03 RALPH & EDDIE'S GARDEN PATIO
PLANNING:
1. Submit a complete Tide Report pursuant to appUcation submittal requirements.
October 5, 1993
TO: PLANNING DEPARTMENT, TERRY WOODS
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
RALPH AND EDDIE'S GARDEN PATIO - RP 93-03
The Housing and Redevelopment Department is generally supportive of the Garden Patio and
believes it will be an attractive addition to the Ralph and Eddie's building. However, the issue
of parking causes some concem. Based on review of the plans for the new Transit Station, the
21 spaces on the railroad right-of-way wUl be eliminated for constmction of the bus transfer
station. Therefore, Ralph and Eddie's will no longer have these spaces dedicated to their use.
I would assume, however, that their patrons will use the Transit Station Parking Lot upon its
completion.
Based on past experience, unless the parking issue can be address satisfactorily, we will need
to recommend denial of the permit. Since Ralph and Eddie's does not provide adequate parking
for their existing use based on the current code, the expansion will only make the problem
worse.
Until the new Master Plan for the Village Redevelopment Area is complete, we do not have an
appropriate method for waiving parking requirements or allowing altematives (i.e, paying into
a parking district). We should ask Ralph Bumette, Jr. to propose a parking solution rather than
a complete waiver of parking requirements.
If you have any conmients or questions regarding this matter, please call me at extension 2935.
DEBBIE FOUNTAIN