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HomeMy WebLinkAboutRP 06-07; TOM GIBLINS IRISH PUB AND RESTAURANT; Redevelopment Permits (RP)"^RLSBAD REDEVELOPMENT AGEI^" PERMIT APPLICATION PLEASE CHECK ALL THAT APPLY: ADMINISTRATIVE PERMIT I I New construction of buildlng(s) or addition(s) to the building footprint which have a building permtt valuation which is equal to or less than $60,000. Interior or exterior improvements to existing structures which resutt in an intensity of use. Provisional land uses, where a minor or major redevelopment permrt is not required. ^ Changes in permitted land uses which resurt in site changes, increased ADT, increased parking requirements, or resutt in compatibiiity issues/problems. I Signs for existing businesses or facilrties. I Repair or maintenance activrties which are not exempt from obtaining a permrt. • • • • COASTAL DEVELOPMENT PERMIT MAJOR REDEVELOPMENT PERMIT • • New construction of building(s) or addition(s) to the building footprint which have a building permrt valuation which is greater than $150,000. Variances for projects wrthin this category. • MINOR REDEVELOPMENT PERMIT I I New construction of building(s) or addrtion(s) to the building footprint which have a building permrt valuation which is greater than $60,000 but less than $150,000. I I Variances for projects within this category. I I Variances for projects which would otherwise be exempt or be eligible for an administrative permrt. MISCELLANEOUS REDEVELOPMENT PERMIT I A-Frame Sign Sign Permrt Sign Program Sidewalk Tables/Chairs Outdoor Displays Other ftfAp\t|'|/rA ^/\l-<irb!«AfCM^4 0 PROJECT TITLE: ^^^KV^ (S") &LI ^(L\%)A ^u.a 4- (j^STiAU ^rZytva Brief description of project: Property Location: t»^0*^ ^HKEA^NO CA42CbC)AO CA Szoo^ APN(s): Street Address LUQ A G^4ViO lAv^ CAC^^^^^O Owner's Name Ifvic j/l i r-^i^^ T^UPljvp^wiL/)^ Address L^Q (SilAr^Q Afe Sw^rL t Telephone Uumbei(^y^0^l^y^ - ^^'^T" Applicant's Name^^WOA (^(^f^ Address 3UQ5 C^tLf^MY^ Vi*^^ ' Telephone Number "^0 3)3 THE AREA BELOW IS TO BE COMPLETED BY CITY STAFF FEES FOR APPLICATION PROCESSING: (List type of fee and amount) RECEIPT OF APPLICATION Date Appiication Received PS-'ol^ -0(i? Application Received by_ Permrt Number Assigned (?jP Ofo-n"] Al LRLSBAD REDEVELOPMENT AGEI ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 1. APPLICATION APPLIED FOR: (CHECK BOXES) • New Construction of building(s) or addition(s) to the building footprint which have a building permrt valuation which is equal to or less than $60,000. • Interior or Exterior Improvements to existing structures which result in an intensity of use. • Provisional Land Uses, where a minor or major redevelopment permrt is not required. • Changes in permitted land uses which resurt in site changes, increased ADT, increased parking requirements, or resurt In compatibility issues/problems. • Signs for existing businesses or facilities. • Repair or Maintenance Activities which are not exempt from obtaining a permrt. 2. LOCATION OF PROJECT Address: (pUn A Cya^r^q lAv/C-r C^(LLS^^^ CA ^ dOO^ Bordering Streets: North: l-PiCrU^A ^J>/^^V& South: 6'/Z.AYN»Q East: (^OQSt^>^^>^i 5^(Leg. I West:lM.^iQv.SOf\J S^Tg-Sb\ Assessor Parcel No.:_ Legal Description: Within Coastal Zona: Within Appealable Area of Coastal Zone: Land Use District within Village: • Yes Yes • 1 • 4 • 7 • • • • • No No • • • ^RLSBAD REDEVELOPMENT AGEfiH^ ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT 3. DESCRIPTION OF PROJECT Project Name Please provide a complete description of the project proposed for approval under this application. Provide any details necessary to adequately explain the scope and/or operation of the proposed project. You may attach additional pages to this application if necessary to explain the project: 4. AUTHORIZATION TO INSPECT PROPERTY In the process of reviewing this application rt may be necessary for members of City Staff, Design Review Board Members, or City Council members to inspect and enter the property that is the subject oJ this application. 1/we consent to entcy onto the subject property fQr tf^is gfjr^se., ^ , .. *^^«v»^>\ \ Name:'^^dlErjQA QiBUrJ Date: 0^ - Signature: '^4^Z^ Applicant 0 or Z Owner • «RLSBAD REDEVELOPMENT AGEf^ PERMIT APPLICATION & DISCLOSBRE STATEMENT 5. PROPERTY OWNER INFORMATION/CERTIFICATION Name:lfv1<Lft/lkY-pL^ /I^fi^jgJop^ni>y\l~C Mailing Address: ^'^Q G)(L^r*0 Av^. <;i/.\'k. Daytime Telephone No.:"^Q L^S^^'U^5"^ List the Names and Addresses of all persons having an ownership interest in the property involved: If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership: 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-profrt organization or as trustee or beneficiary of the trust: Have you had more than $250 worth of business transacted with any member of City StafL Boards, Commissions, Committees, and/or Council within the past twelve (12) months? • Yes Br No If yes, please indicate person(s):. Certification Statement I Certify that I am the Legal Owner of the subject property for this application and that all of the above information is true and correct to the best of my knowledge. This application is submitted with my consent and I agree to accept and abide by any conditions placed on the subject property, including use of buildings, as a resurt of approval of this application. Signature /t/(tQmrt-t^(U ZZii^^ Date: / f Z/"^ ^yC^ • RLSBAD REDEVELOPMENT AGEN|| PERMIT APPLICATION & DISCLOSOTE STATEMENT APPLICANT INFORMATION/CERTIFICATION Name:^g.£NiQ^ (^.4^i^ir>u "l^n^ (^i'ALjro'^ ^g.l^v\l^\Aft /^^STAw.<lArs^T Mailing Address: J3^QS GMr>iiAnA W>Awj G4(^.UbAvAn ^^Ooj^ Daytime Telephone No.: '^t>0 ^ (QlT^^U^/j List the Names and Addresses of all persons having a financial interest in the application: If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership: QwA(^n GI6LIN If any person identified above is a non-profrt organization or a trust, list the names and addresses of any person serving as an officer or director of the non-profrt 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 BT^o If yes, please indicate person(s): Certification Statement. I Certify that I am the Legal Owner's representative and that all of the above information is true and correct to the best of my knowledge. I have been authorized by the legal owner of the subject property to submrt this application and I agree to accept and abide by any conditions placed on the subject property, including use of buildings^ a resurt of approval of this application. iings^as a result ot approval ot SiqnaturW>2^<: ¥J Date: ^5 -/S-Q4. gUiRLSBAD REDEVELOPMENT AGEMfl^ ADMINISTRATIS PERMIT APPLICATION & DISCLOSSRE STATEMENT The remainder of this application shall be completed by City Staff: 7. RECEIPT OF APPLICATION Date Application Received: Application Received by: Permrt No. Assigned^ 8. FEES FOR APPLICATION PROCESSING The following fees shall apply to this application; list type of fee and amount: 335.00 - Administrative Redevelopment Permrt Total Fee(s) required for this application: Date Fee(s) collected by City Staff: Receipt No.: 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 . • Approved, with conditions. See condrtions noted below. • Denied. Reason Housing and Redevelopment Director Signature: CD Director Initials: Date: 10. CONDITIONS OF APPROVAL (IF APPLICABLE) RP D6-07 Tom Giblin's Irish Pub Restaurant The remainder of this application shaH be conripleted.'tiy City Staff: . . - . ^-^^ 7. RECEIPT OF APPLICATION Date Application Received: 5/22/06 Application Received bv: Housing & Redevelopment Permrt No. Assigned: RP 06-07 8. FEES FOR APPLICATION PROCESSING The following fees shall apply to this application; list type of fee and amount: $370.00 - Administrative Redevelopment Permrt Total Fee(s) required for this application: $370.00 Date Fee(s) collected by City Staff: 05/22/06 Receipt No.: R0057537 9. ACTION ON THE APPLICATION The following action has been taken by the Housing and Redevelopment Director on this application: Approved subject to conformance wrth plans submitted as part of application, dated . Approved, with conditions. See conditions noted below. • Denied. Reason Housing and Redeyeiop^pent Director Signature: Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of 2 The following findings have been made in order to approve the Administrative Redevelopment Permit to allow a change in land use from a "Restaurant" only to a "Restaurant with Entertainment": 1. The Housing and Redevelopment Director has determined that the project is consistent with all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual and Village Redevelopment Plan. 2. The Housing and Redevelopment Director has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan. 3. The Housing & Redevelopment Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines and will not have an adverse significant impact on the environment. Page 2 of 2 ThQ. following conditions have Jjfcen approved for the subject project^| 1. There shall be no live^mtertainment or dancing permitted in tne itertainment or dancing permitted in tne outdoor patio of the licensed premises. 2. No loud speakers, sound systems or other types of music shall be permitted on the outdoor patio of the licensed premises. 3. Live entertainment provided inside the premises is limited to four (4) entertainers performing with acoustical instruments inside the licensed premises building. The live entertainment shall be permitted inside the licensed premises from 10:00 AM to 11:00 PM Sunday through Wednesday and 10:00 AM to 12:30 midnight Thursday through Saturday. 4. On days when there is live entertainment in the licensed premises, Petitioner shall employ one State Department of Consumer Affairs licensed security officer for every fifty (50) patrons in the licensed premises from 9:00 PM until one-haff hour after closing the business. The security officers shall wear clothing that clearly identifies them as security officers. Their duty shall be to patrol the intenor of the licensed premises in order to alleviate police problems, excessive noise, abusive behavior, disturbances, overcrowding beyond the limit set forth by the Fire Marshall and any other violation of law that may occur in the licensed premises, as well as to ensure that reasonable passageways are maintained through all the public areas of the licensed premises for easy and safe ingress and egress by patrons, employees and emergency personnel. 5. There shall be no dancing permitted on the licensed premises at any time. 6. The sale of alcoholic beverages for consumption off the licensed premises is prohibited. 7. No sounds, including but not limited to loud speakers, sound systems or other types of music or noise emanating from the licensed premises shall be audible beyond 100 feet from the boundaries of the licensed premises. 8. The quarterly gross sales of alcohol shall not exceed quarterly gross sales of food during the same period. The licensee at all times shall maintain records which reffect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed premises. 9. There shall be no pool tables, coin operated video games or pinball machines in the licensed premises. 10. The sales, service and consumption of alcohol shall be permitted from 10:00 AM to 12:00 midnight, with the exception of the outdoor patio. The sales, service and consumption of alcoholic beverages in the outdoor patio shall be permitted only between the hours of 10:00 AM to 10:00 PM. 11. There shall be no fixed bar, portable bar or service bar permitted in the outdoor patio of the licensed premises. 12. Between the hours of 8:00 PM and closing of the business, the door(s) leading onto the patio shall be kept closed except for normal ingress/egress by patrons of the business and the staff of the licensee. Said door shall not consist solely of a screen or ventilated door. 13. The maximum number of persons, other than employees, shall not at any one time exceed the maximum occupant load as determined by the Fire Marshal or the designated City Building Official. 14. This permit shall be subject to revocation by the Housing and Redevelopment Director ff the applicant fails to conform to any of the above conditions of approval. NOTICE OF EXEMPTION To: SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title; Tom Giblin's Irish Pub and Restaurant (RP 06-07) Project Location - Specific; 5SOA Grand Avenue Project Location - Citv; Carlsbad Project Location - County; San Diego Description of Project; Change in use from "restaurant" to "restaurant with entertainment." Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Austin Silva Name of Applicant; Brenda Giblin Applicant's Address; 2405 Granada Wav, Carlsbad. CA 92008 Applicant's Telephone Number; (760)213-4711 Exempt Status; (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15303 Class 3 • Statutory Exemptions - State code number: Reasons why project is exempt: The conversion fro one use to another will not have a significant impact on the environment. Lead Agen^j^ontact PersQn; Austin Silva Telephone: (760)434-2812 MARCELA ESCOBAR-ECK, Planning Date received for filing at OPR: Date Revised November 2005 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE PETITION OF: x\isling Nua, Inc. Tom Giblin's Irish Pub 640-A Grand Avenue Carlsbad, CA 92008 } 47-344373 FOR THE MODMCATION OF CONDITIONS ON THE ON-SALE GENERAL PUBLIC EATING PLACE LICENSE under the Alcoholic Beverage Control Act ORDER Pursuant to Section 23803 of the Business and Professions Code and good cause appearing therefor, it is hereby ordered that the condition(s) presently endorsed upon the license be modified in conformance with the petition submitted by the licensee(s) dated December 16,1999, which is attached. Pursuant to Section 23802 the licensee(s) shall attach the modified petition to the license certificate. CERTIHCATE It is hereby certified that on January 11, 2000 the Department of Alcoholic Beverage Control adopted the foregoing as its order in the proceedings therein described. Sacramento, Califomia Dated: January 11,2000 Sandra J. Mfeek Supervisor, Hearing & Legal Unit RECEIVED JAN 1 3 200(j ^'Ati Marcos BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE PETITION OF: Aisling Nua, Inc. Tom Giblin's Irish Pub 640-A Grand Avenue Carlsbad, CA 92008 FOR THE MODMCATION OF CONDITIONS ON THE ON-SALE GENERAL PUBLIC EATING PLACE LICENSE under the Alcoholic Beverage Control Act 47-344373 DECLARATION OF SERVICE BY MAIL I am over eighteen years of age, and not a party to the within cause; my business address is 3810 Rosin Court, Suite 150, Sacramento, Califomia 95834. I served by CERTIFIED mail a copy of the following documents: ORDER on each of the following, by placing same in an envelope(s) addressed as follows: Edward Giblin, Aisling Nua, Inc., Tom Giblin's Irish Pub, 640-A Grand Avenue, Carlsbad, CA 92008 Each said envelope was then, on January 11. 2000 sealed and deposited in the United States Mail at Sacramento, California, the county in which I am employed, with the postage thereon fully prepaid. I declare under penalty of perjury that the foregoing is tme and correct. Executed on January 11, 2000 at Sacramento, Califomia. Declarant ABC-116(2/95) RECEIVED JAN 1 3 2000 Dept ot Alcoholic Beverage Control San Marcos BEFORE THE DEPARTlVnPfT OF ALCOHOLIC BEVERAoRlONTRCttC-r^PIVPn OF THE STATE OF CALIFORNIA TXCWCI V Cl^ IN THE MATTER OF THE APPLICATION OF JAN 1 3 2000 AISLING NUA INC } FILE 344373 Dept of Alcoholic Beverage Control dba: Tom Giblin s Insh Pub } San Marcos 640 Grand Avenue, Ste. A } CT: 179.00 Carlsbad 92008 } concerning the modification of conditions on an On-Sale (jeneral Eating Place License, under the Alcoholic Beverage Control Act. } PETITION FOR CONDITIONAL } LICENSE WHEREAS, petitioner AISLING NUA, INC. has filed an application for the modification of conditions on the above-referred-to license at the above-mentioned licensed premises; and, WHEREAS, the Carlsbad Police Department had protested the issuance of the original license on the grounds that the unconditional issuance of the license would aggravate an existing law enforcement problem; and, WHEREAS, the proposed premises are located in Census Tract # 179.00, where there presently exists an over- concentration of licenses as defined by Section 23958.4 of the Business and Profession Code; and, WHEREAS, the proposed premises are located in a crime reporting district that has a 20% greater number of reported crimes, as defmed in subdivision (c) of Section 23958.4, than the average number of reported crimes as determined from all the crime reporting districts within the jurisdiction of the local law enforcement agency; and, WHEREAS, the applicant premises or its parking lot are located within 100' of residences; and, WHEREAS, pursuant to Rule 61.4, Title IV, Chapter I of the Califomia Code of Regulations, the Department may deny a license when the premises to be licensed or its parking lot operated in conjunction therewith is located within 100' of a residence; and, WHEREAS, the petitioner stipulates by reason of the law enforcement protest, Section 23958.4 and Rule 61.4, grounds exist for the denial of tiie modification of conditions on the above-referred-to licensed premises. NOW, THEREFORE, the petitioner does hereby petition for a conditional license as follows, to wit: t. There shall be no live entertainment or dancing permitted in the outdoor patio of the licensed premises, as depicted in the ABC-257 Diagram of Licensed Premises dated 07-02-98. 2. Live entertainment provided in the licensed premises shall be limited to four (4) entertainers performing with acoustical instruments inside the licensed premises building, as depicted in the ABC-257 Diagram of Licensed premises dated 07-02-98. The live entertainment shall be pennitted in the licensed premises only between the hours of 10:00 a.m. and 11:00 p.m. on Sunday through Wednesday and between the hours of 10:00 a.m. and 12:30 midnight on Thursday through Saturday. .-' 3. On days when there is live entertainment or dancing in the licensed premises. Petitioner shall employ one State Department of Consumer Affairs licensed security officer for every fifty patrons in the licensed premises from 9:00 p.m. until one-half hour after closing the business, as depicted in the ABC-257 Diagram of Licensed Premises dated 07-02-98. The security officers shall wear clothing that clearly identifies them as security officers. Their duty shall be to patrol the interior of the licensed premises in order to alleviate police problems, excessive noise, abusive behavior, disturbances and any other violations of law that may occur in the licensed premises, as well as to ensure that reasonable passageways are maintained through all the public areas of the licensed premises for easy and safe ingress and egress by patrons, employees and emergency personnel. Pg. 2 of Petition for Conditional iJBRise - AISLING NUA, INC. 4. The sales of alcoholic beverages for consumption off the licensed premises is prohibited. 5. No sounds, including but not limited to loud speakers, sound systems or other types of music or noise emanating from the licensed premises shall not be audible beyond the boundaries of the licensed premises. 6. No loud speakers, sound systems or other types of music shall be permitted in the outdoor patio of the licensed premises. 7. The quarterly gross sales of alcoholic beverages shall not exceed the quarterly gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be available to the Department upon demand. 8. This license shall not be exchanged for a public premises license, nor shall the premises be operated as a public premises. 9. There shall be no pool tables, coin operated video games or pinball machines permitted in the licensed premises. 10. The sales, service and consumption of alcoholic beverages in the licensed premises shall be pennitted only between the hours of 10:00 a.m. and 12:00 midnight, with the exception of the outdoor patio. The sales, service and consumption of alcoholic beverages in the outdoor patio shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. 11. There shall be no fixed bar, portable bar or service bar pennitted in the outdoor patio of the licensed premises. 12. Between the hour of 8:00 p.m. until closing of the business, the door(s) leading onto the patio shall be kept closed except for normal ingress/egress by patrons of the business and the staff of the licensee. Said door shall not consist solely of a screen or ventilated door. This Petition for Conditional License is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any license transfer at the applicant-premises. Petitioner agrees to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license. Signed this day of Z). 1999. Petitioner Corporate Position itness RECEIVED JAN 1 3 2000 ABC-172 (5/94) Dept of Alcoholic Beverage Control San Marcos •DIAGRAM OF LICENSED PREMISES STATE OF CALIFORNIA OEPARTMENT OF ALCOHOUC BEVERAGE COWTBOL 1. FUU. NAME (LHtn3tMi*M> A I W ^ PnCMSeS'AOOteSS (NunMr A SMM. CSy. Zip) yl ^ >^ pncMises>ootass (NURMT A SMM. cay. 20) Ji y^ ^ ^ 3. TYPE OF UCENSE 4. Nearest Cross Siraet Thc diigrim btlow it a tnit and correct description ot the entrances, exits, interior walls and exterior boundaries ot the prenuses to be licensed, includinq dimnnaiona. " • Tanei • STA/ftS ;;;;;;; f-o^ff^ • . • . j .^Q ST^>/^^ tI«Jt: I ^ ::::::: : o Please read carefully and sign below. It is hereby declared that the above-described boundaries, entrances and planned operation as indicated on the reverse side, will not be clianged without first notifying and securing prior written approval ofthe Department of Alcoholic Beverage ControL I declare under penalty of perjury that the foregoing is truea)d^orrect. ^ S. APPLICANT SKINATURE 6. DATE WSPCCTKSN DATE FOR DEPARmENT USE ONLY CERTIFIED zj^