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HomeMy WebLinkAboutRP 98-11; Lola's Deli & Market; Redevelopment Permits (RP)CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 1. BUSINESS DESCRiPTION Business Name: Business Owner Name(s) Type of Business (i.e., restaurant, bar, retail): 2. LOCATION OF PROJECT Address: Bordering Streets: North: South: biffin i Aft/ T East: /W/^D/$gA/ West: Assessor Parcel No.: Within Appealable Area of Coastal Zone: • Yes No Within Coastal Zone: • Yes 0^ ^ No Land Use District within Village: • 1 Uy 2 • 3 • 7 • 8 • 9 3. DESCRIPTION OF PROJECT Please attach to this application a complete description of the project proposed for approval under this application. This description must include the number of tables and chairs located inside tlie establishment and the total number of tables and chairs to be located outside the establishment. A site plan, with accurate dimensions, must be included with this application which indicates the location of the proposed sidewalk tables and chairs. Elevations or photographs of the furniture to be used must also be provided with this application. 4. AUTHORIZATION TO INSPECT PROPERTY In the pcocess of reviewing this application it may be necessary for members of City Staff, Design Review Board Members, or City Council members to inspect and enter the property/business that is the subject of this application. 1/we consent to entry onto/into the subject property/business for this purpose. Name:>^.g?/>^^ 'QeL ( Date: /- 9 ^ Signature CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 5. BUSINESS OWNER INFORMATION/CERTIFICATION Name: jLo /^^£/:^T h^Ai Mailing Address:_ Daytime Telephone No.: 76,0 - Tax I.D #: 33 - O ^ 1^13 Z Date Business License Approved: /92L> List the Names and Addresses of all persons having a financial interest in the application: /7/i^p /^^Als/Ce<^ :TAU(lB&Ut -)fV\D^£tJl> If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% ofthe shares in the corporation or owning any partnership interest in the partnership: uk If any person identified above is a non-profit organization or a trust, list the names and addresses of any person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the trust: tcM Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes &No If yes, please indicate person(s): Certification Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval ofthis application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and the Carlsbad Redevelopment Agency or its officers or employees from all claims, damage or liability to persons or property arising from or caused by the installation of the subject tables and chairs and/or enclosure on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence ofthe City or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of $1 million which lists the City of Carlsbad and the Carlsbad Redevelopment Agency as "additional insured". This Certificate shall remain in effect for as long as the tables and chairs are placed within the public right-of-way. This agreement is a condition of the issuance of this administrative redevelopment permit for the subject sidewalk tables, chairs and/or enclosure on the public right-of-way. I understand that an approved sidewalk tables and chairs permit shall remain in effect for as long as sidewalk tables and chairs are permitteJg^^Fggl Village Redevelopment Area>^d the/J^mittee remains in compliance with the subject approved perniit^ Signature ^ /L^ ^ ( JA^/MJO Date: l^JP^^ ^ ^ CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 6. PROPERTY OWNER INFORMATION/CERTIFICATION The property owner must complete the following information and certify that he/she supports this application for the business owner to place tables and chairs in front of the subject business as set forth herein. Name: C^f^^SuSlo , T^/^^Jo Mailing Address:. Daytime Telephone No.:_ List the Names and Addresses of all persons having a financial interest in the property: If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% ofthe shares in the corporation or owning any partnership interest in the partnership: A- If any person identified above is a non-profit organization or a trust, list the names and addresses of any person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the trust: Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes StNo If yes, please indicate person(s):. Certification Statement. I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place tables and chairs on the public sidewalk and agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I understand that an approved sidewalk tables and chairs permit shall remain in effect for as long as sidewalk tables and chairs are permitted within the Village Redevelopment Area and the permittee remains in compliance with the subject approved permit. Siqnature ^-^ Date: RP 98-11- Lola's Market & Deli -Aewalk Cafe Permit The remainder of this application shall be completed by City Staff: 7. RECEIPT OF APPLICATION Date Application Received: 8/5/98 Application Received bv: Communitv Development Counter Permit No. Assignedj RP 98-11 8. FEES FOR APPLICATION PROCESSING The following fees shall apply to this application; list type of fee and amount: $260.00 - Administrative Redevelopment Permit/Sidewalk Tables and Chairs Total Fee(s) required for this application: $260.00 Date Fee(s) collected by City Staff: 8/5/98 Receipt No.: 40935 9. ACTION ON THE APPLICATION The following action has been taken by the Housing and Redevelopment Director on this application: ^ Approved subject to conformance with plans submitted as part of application, dated \C>IVID\ . Approved, with conditions. See conditions noted below. • Denied. Reason Housing(indn^development Director Signature: -CD Director Initials: Date: Uri^ pn^^i^iMj ^0 /\lo\ 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of 2 The following findings have been made in order to approve the subject permit: 1. The applicant has complied with all of the criteria established relative to Sidewalk Cafes, which includes location and development criteria. 2. The proposed use is not likely to result In health or safety problems nor Is it likely to adversely Impact adjacent uses. 3. The project Is exempt from environmental review per CEQA, Section 15305, Class 5, minor alterations in land use limitations which do not result in any changes In land use or density (I.e, minor encroachment permit) and Section 15301(e), Class 1, expansion to existing facility which does not exceed 50% of floor area or 2400 square feet, whichever Is less. Page 2 of 2 The following conditions have been approved for the subject project: 1. This approved permit serves as the required redevelopment permit for the subject project (sidewalk cafe). 2. The project shall be completed according to, and be consistent with, the plans approved by the Housing and Redevelopment Director on the date noted above. The approved plans have been stamped by the Housing and Redevelopment Director and indicate the approval date of l6\. 3. The project must comply with the latest State Disabled access regulations for existing buildings. 4. The applicant must continue to indemnify and hold the City of Carlsbad and the Carlsbad Redeveiopment Agency harmless from any legal action resulting from sidewalk cafe operations. 5. The applicant must continue to provide the City of Carlsbad and the Carlsbad Redevelopment Agency with a current Certificate of Insurance In the amount of $1 million, which lists both agencies as "additional Insureds". The Certificate must remain in effect for as long as the tables and chairs are placed within the public right-of-way (on the sidewalk). 6. Under no circumstances will the number of tables and chairs outside, within the sidewalk cafe, be allowed to exceed the number of tables and chairs located inside the subject restaurant noted within this application. This permit allows the applicant to provide a total of 12 seats inside the subject restaurant and a maximum of 2 tables and 8 chairs outside the subject restaurant, within the Identified sidewalk area. 7. A clear area of at least five feet In width must be maintained to the building entries at all times. 8. Acceptable furniture has been approved as part of this application. This furniture shall not change without prior written approval from the Housing and Redevelopment Director. 9. The sidewalk cafe area shall be maintained in a clean and sanitary manner. The area shall be kept free of all litter. 10. This administrative redevelopment permit shall remain in effect for as long as sidewalk tables are permitted within the Village Redevelopment Area of the City of Carlsbad and the applicant remains in compliance with the subject approved permit. No new permit shall be required unless the use for which this permit is granted has ceased to exist or has been suspended for a period of 6 months or longer; In this case, a new permit with appropriate fee would be required. The approved permit which remains in effect may be amended without additional fees as approved by the Housing and Redevelopment Director. 11. In accordance with Chapters 21.35 and 21.58 of the Carlsbad Municipal Code, the sidewalk cafe permit may be revoked by the Housing and Redevelopment Director following due process procedures, if 1) the conditions of the approved permit are not being met; 2) conditions at or around the sidewalk cafe change; and/or 3) if operation of the sidewalk cafe Interferes with adequate or safe public use of the sidewalk. ACORD. CERTIFICA^p OF LIABILITY INSURgNCEggg DD LOLAS-1 DATE (MM/DDAT) 07/08/98 PRODUCER Tague Insurance Agency PO Box 429 Carlsbad CA 92018 Steven Tague PhoneNo. 760-729-1143 FaxNo. 760-729-8617 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Golden Eagle Insurance Corp, INSURED Lola's 7up Market & Deli 32 92 Roosevelt Carlsbad CA 92008 COMPANY B Safeco Insurance Coiapanies COMPANY c COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE GENERAL .AGGREGATE SP4001966 03/12/98 03/12/99 X OCCUR OWNER'S & CONTRACTOR'S PROT PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one flre) MED EXP (Any one person) S1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ included $ 5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: X V WCSTATU-•X. TORY LIMITS OTH-ER EL EACH ACCIDENT $ 1,000,000 INCL EXCL NWC42319501 01/02/98 01/02/99 EL DISEASE - POLICY LIMIT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/SPECIAL ITEMS Cert holder is named as additional insured. tJnless non pay which is 10 days. CERTIFICATE HOLDER CITYCAR city o£ Carlsbad Carlsbad Redevelopment Agency 1200 Carlsbad Village Drive Carlsbad CA 92008 ACORD 25'S (1/95) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLIOII^E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING C0MPAj^4^ILL ENDEAVOR TO MAlk' , ' 30* DAYS WRITTEN NOTICE TO THE CERTIFICAm^^^NAM^I^^ JO TOf^^FT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBtrSAfl^N^eRtiABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI Steven Tague • ACORDCORPORATION 1988