HomeMy WebLinkAboutRP 14-03; Mas Fina Cantina Curb Cafe; Redevelopment Permits (RP), ~CARLSBAD
Community & Economic Development
June 25, 2014
Sean Canning
Suite B
4735 Marlborough Drive
San Diego, CA 92116
www.carlsbadca.gov
SUBJECT: CURB CAFE PERMIT NO. RP 14-03 -MAS FINA CANTINA CURB CAFE -Requestfor
approval of a Curb Cafe Permit (RP 14-03) to allow for Mas Fina Cantina to occupy two public parking
spaces in front of the business with a temporary deck structure with landscaping along the perimeter
for outdoor dining purposes at 2780 State Street, in District 1 of the Village Review Zone and Local
Facilities Management Zone 1.
Dear Mr. Canning,
The City Planner has completed a review of your application for a Curb Cafe Permit RP 14-03 at 2780
State Street. A notice was sent to property owners and occupants within a 100' radius of the subject
property requesting comments regarding the above request. Two comments were received within the
ten day notice period (ending on June 19, 2014). Commenters will be provided notice of the City
Planner's decision. After careful consideration of the circumstances surrounding this request, the City
Planner APPROVES this requ·est based on the following findings and conditions.
Findings:
1. That the project is consistent with the Village Master Plan and Design Manual in that the curb
cafe will create a stronger user and pedestrian experience by increasing the quantity and
quality of outdoor dining in the Village and enlivening the street scene.
2. That the project is consistent with City Council Policy 78 Design Standards in that (a) the curb
cafe occupies two parallel parking spaces with a one-foot wide buffer to adjacent parking
spaces; (b) the curb cafe is located "most-directly" in front of Mas Fina Cantina.
3. That this project is the first curb cafe on State Street between Beech Avenue and Grand Averiue,
which may have a maximum of four curb cafes.
4. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation; of
environmental documents pursuant to Section 15303 (New Construction of Small Structures) of
the state CEQA Guidelines. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
· ··. Planning Division
~··----------------------------------------------~-----:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
RP 14-03-MAS FINA CANTINA CURB CAFE
June 25, 2014
Pa e 2
5. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate
impacts caused by or reasonably related to the project, and the extent and the degree of the
exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. Approval is granted for RP 14-03 as shown on Exhibits "A" -"J" dated June 25, 2014 on file in
the Planning Division and incorporated herein by reference. Development shall odcur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke; or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No ve~ted
rights are gained by Developer or a successor in interest by the City's approval of this Curb Cafe
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the RP 14-03 documents, as necessary to make them internally consistent and
in conformity with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development different from this approval shall
require an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and ljold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs; including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a} City's approval and issuance of this Curb Cafe Permit, (b) City's approval or issuance of
any permit or action, whether discretionary or non-discretionary, in connection with the 'use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission
by the facility of electromagnetic fields or other energy waves or emissions.
5. RP 14-03 shall be reviewed by the City Planner on a yearly basis for compliance with the
provisions outlined in City Council Policy No. 78 and the conditions herein. If the City Planner
determines that the conditions of approval have not been met or the Curb Cafe Permit is being
or recently has been exercised contrary to any of the provisions of City Council Policy No.: 78,
the permit may be brought back for administrative review, placement of additional or modified
conditions, revocation, or other remedies available to the city.
6. This Curb Cafe Permit is granted for the remainder of the Curb Cafe Pilot Program through
March 12, 2016. Once the permit has expired, the curb cafe shall be completely removed and
the street, curb and other adjacent surfaces shall be restored to the condition prior to the curb
cafe installation.
RP 14-03-MAS FINA CANTINA CURB CAFE
June 25, 2014
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7. A use fee of $100 per month per parking space (two), payable in one-year increments ($1,200
per space/per year) shall be paid upon permit issuance and shall be paid annually thereafter for
the duration of the permit.
8. The curb cafe shall be limited to food and/or beverage serving uses only.
9. The curb cafe, including all materials, fixtures, furniture and plants, shall be maintained in good
condition. All maintenance and repair of the curb cafe shall be the sole responsibility of.the
applicant. Additionally, the applicant shall sweep and remove debris from adjacent street a~eas
made inaccessible to street sweepers due to the curb cafe.
10. The curb cafe shall not have any awnings or roof elements.
11. No signs, including signs prohibited by Carlsbad Municipal Code Section 21.41.030, or objects
that would distract or impair motorists, shall be attached or displayed on any part of the curb
cafe.
12. The applicant shall provide the City of Carlsbad with a current certificate of insurance which lists
the city as additionally insured. The certificate must remain in effect for as long as the curb cafe
is placed within the public right-of-way.
13. Prior to any work being performed in the public right-of-way, a Right-of-Way Permit and
Encroachment Agreement must be obtained from the Engineering Department.
Engineering:
The following conditions shall be complied with prior to the commencement of any construction
within the public right of way:
14. The applicant shall apply for and obtain an encroachment agreement from the L;md
. Development Engineering Department. Complete and submit Engineering Planctieck
Application E-23 and Encroachment Agreement Submittal Checklist E-9 to the L~nd
Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA together with :the
encroachment agreement processing fee of $325. Links to these forms on the city's web~ite
are: http://www.carlsbadca.gov/business/building/Documents/E-23.pdf and
http://www.carlsbadca.gov/business/building/Documents/E-06.pdf.
The following information for both the property owner and the business owner is required in
order for the city to prepare the encroachment agreement:
A.
• Name of property owner
• Property owner's mailing address
• Legal entity of property owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of property owner
RP 14-03-MAS FINA CANTINA CURB CAFE
June 25, 2014
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B.
c.
• Name, phone number and e-mail address of individual to contact regarding property.
owner's execution of encroachment agreement
• Name of business owner
• Business owner's mailing address
• Legal entity of business owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of business owner
• Name, phone number and e-mail address of individual to contact regarding business•
owner's execution of encroachment agreement
• Signature authorization for property owner and business owner. Depending on the
legal entity of the owner(s) the following documentation is required:
Corporation: One signature from EACH group with name and title:
Group 1: Chairman, president, vice president.
Group 2: Corporate secretary, assistant corporate secretary, chief financial officer, or
assistant t treasurer.
Corporation with a single signatory: Attach a resolution certified by the secretarY or
assistant secretary under corporate seal empowering that officer, by name and title, to
legally bind the corporation.
LLC or Partnership: Attach an official document (e.g., corporate resolution, operating
agreement) empowering that individual(s), by name and title, to legally bind the entity.
15. The applicant shall apply for and obtain a no fee right of way permit for construction within:the
public right of way from the Engineering Counter, 1635 Faraday Ave., Carlsbad CA. Contact the
Engineering Counter at 760-602-2750 to determine the items required with the application, i.e.
contractor's license, insurance certificate, etc.
16. The applicant shall complete and submit a Tier 1 Storm Water Pollution Protection Plan, E-29
available on the city's web site, to the Engineering Counter, 1635 Faraday Avenue, Carlsbad CA.
The following conditions shall apply continuously to the operation of the development:
17. Applicant shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include bufare
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practiCes,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe
above requirements.
RP 14-03-MAS FINA CANTINA CURB CAFE
June 25, 2014
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18. Applicant shall employ measures to comply with Standard Stormwater Requirements per the
city's Standard Urban Stormwater Management Plan (SUSMP) all to the satisfaction of the city
engineer. These measures include but are not limited to utilizing covered trash enclosures to
avoid contact with storm runoff, making sure no trash leaves the dining area, and preventing
trash and food particles from entering downstream storm drain inlets. · .
19. The project is approved as shown on the site plan submitted, made a part of this approval and
on file in the city planning division. No changes to the layout or planters, or substantial chariges
to the furniture, umbrellas, or landscaping shall be allowed without prior written approval from
the city planning division. No AC electrical service or lighting shall be permitted within any
portion of the public right of way.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:AS:fn
c: Andy Davis, 2780 State Street, Carlsbad, CA 92008
Dewhurst Family Trust, 2747 Roosevelt Street, Carlsbad, CA 92008
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
Michele Masterson, Senior Management Analyst
Tom McMahon
Greg Stein
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