HomeMy WebLinkAboutRP 14-05; Vigilucci's Market Curb Cafe; Redevelopment Permits (RP)August 13, 2015
Bllrt M. Smith
682 Second St.
Encinitas, CA 92024
Ccityof
Carlsbad
SUBJECT: RP 14-05-VIGILUCCI'S MARKET-Request for approval of a Curb Cafe Permit (RP 14-05)
to allow for Vigilucci's Market to occupy two public parking spaces in front of the business with a
temporary deck structu,e for outdoor dining purposes at 2943 State Street, in District 1 of the Village
Review Zone and Local Facilities Management Zone 1.
Dear Mr. Smith,
The City Planner has completed a review of your application for a Curb Cafe Permit RP 14-05 at 2943 State
Street. A notice was sent to property owners and occupants within a 100' radius of the subject property
requesting comments regarding the above request. One comment regarding general public parking
reduction was received within the ten day notice period (ending on August 10, 2015). After careful
consideration of the circumstances surrounding this request, the City Planner APPROVES this request
based on the following findings and conditions.
Findings:
1. That the project is consistent with the Village Master Plan and Design Manual in that the curb
cafe will create a stronger user and pedestrian experience by increasing the quantity and quality
of outdoor dining in the Village and enlivening the street scene.
2. That the project is consistent with City Council Policy 78 Design Standards in that (a) the curb cafe
occupies two diagonal parking spaces with a one-foot wide buffer to adjacent parking spaces;
(b) the curb cafe is located "most-directly" in front of the restaurant.
3. That this project is the fourth curb cafe on State Street between Carlsbad Village Drive and Grand
Avenue, which may have a maximum offive curb cafes.
4. That this project is the seventh curb cafe within Land Use District 1 of the Village Master Plan,
which may have a maximum of eleven curb cafes.
5. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303 (New Construction of Small Structures) of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 1760-602-8560 f I www.carlsbadca.gov
RP 14-05-VIGILUCCI'S MARKET CURB CAFE
August 13, 2015
Pa e 2
6. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
resolution, and hereby finds, in this case, that the. exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is
in rough proportionality to the impact caused by the project.
Conditions:
"
1. Approval is granted for RP 14-05 as shown on Exhibits "A" -"B" dated August 13, 2015 on file in
the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to. occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Curb Cafe Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the RP 14-05 documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as shown
on the approved Exhibits. Any proposed development different from this approval shall require
an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Curb Cafe Permit, (b) City's approval or issuance of
any permit or action, whether discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions.
5. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Curb Cafe Permit on the real property owned by the owner/applicant. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an
amendment to the notice, which modifies or terminates said notice upon a showing of good cause
by the owner/applicant or successor in interest.
' .
RP 14-05-VIGILUCCI'S MARKET CURB CAFE
August 13, 2015
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6. RP 14-05 shall be reviewed by the City Planner on a yearly basis for compliance with the provisions
outlined in City Council Policy No. 78 and the conditions herein. If the City Planner determines
that the conditions of approval have not been met or the Curb Cafe Permit is being or recently
has been exercised contrary to any of the provisions of City Council Policy No. 78, the permit may
be brought back for administrative review, placement of additional or modified conditions,
revocation, or other remedies available to the city.
7. This Curb Cafe Permit is granted for a period of three years, from August 13,2015 through August
12, 2018. Once the permit has expired, the curb cafe shall be completely removed and the street,
curb and other adjacent surfaces shall be restored to the condition prior to the curb cafe
installation.
8. A use fee of $100 per month per parking space (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.
9. The curb cafe shall be limited to food and/or beverage serving uses only.
10. The curb cafe, including all materials, fixtures, furniture and plants, shall be maintained in good
condition. All maintenance and repair of the curb cafe shall be the sole responsibility of the
applicant. Additionally, the applicant shall sweep and remove debris from adjacent street areas
made inaccessible to street sweepers due to the curb cafe.
11. The curb cafe shall not have any awnings or roof elements.
12. No signs, including signs prohibited by Carlsbad Municipal Code Section 21.41.030, or objects that
would distract or impair motorists, shall be attached or displayed on any part of the curb cafe.
Engineering:
The following conditions must be met prior to the issuance of a building permit or right of way permit,
whichever comes first:
13. An encroachment agreement is required. Developer shall cause the owner to complete and
submit Engineering Plancheck Application E-23 and Encroachment Agreement Submittal Checklist
E-6 to the Land Development Engineering Counter at 1635 Faraday Ave, Carlsbad CA together
with the encroachment agreement processing fee in effect at that time. Links to these forms on
the city's website are:
http:Uwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22689
http:l/www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22702
The following information for both the property owner and the business owner should be
submitted with the application in order for the city to prepare the encroachment agreement:
A. Property Owner:
• Name of property owner
• Property owner's mailing address
RP 14-05-VIGILUCCI'S MARKET CURB CAFE
August 13, 2015
Pa e 4
• Legal entity of property owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on behalf of property owner.
• Name, phone number and e-mail address of individual to contact regarding property
owner's execution of encroachment agreement.
B. Business Owner:
• Name of business owner
• Business owner's mailing address
• Legal entity of business owner, i.e., individual, partnership, corporation (state of
incorporation), limited liability company (state of incorporation), trust, etc.
• Name and title of individual(s) authorized to sign on· behalf of business owner.
• Name, phone number and e-mail address of individual to contact regarding business
owner's execution of encroachment agreement.
C. Signature authorization:
Depending on the legal entity of the property and business owners, the following
documentation is required:
Corporation:
One signature from EACH group with name and title:
• Group 1: Chairman, president, vice president.
• Group 2: Corporate secretary, assistant corporate secretary, chief financial officer, or
assistant treasurer.
Corporation with a single 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.
14. A right of way permit is required. Developer shall cause the owner to complete and submit
Engineering Right of Way Application E-11 to the Land Development Engineering Counter at 1635
Faraday Ave, Carlsbad CA. The link to this form on the city's website is:
http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22694
15. The right of way permit application shall be submitted together with three copies of the
construction drawings that will be used for construction. When approved, these construction
drawings will be used to inspect installation of the improvements.
16. The right of way permit application shall be submitted together with a traffic control plan.
Examples are available for use at the Engineering Counter, 1635 Faraday Avenue.
RP 14-05-VIGILUCCI'S MARKET CURB CAFE
August 13, 2015
Pa e 5
17. A Tier 1 Construction Storm Water Pollution Protection Plan (SWPPP) E-29 is required. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
The link to this form on the city's website is:
http:/fwww.carlsbadca.gov/civicax/filebahk/blobdload.aspx?BiobiD=22706
• 18. Developer shall provide the city of Carlsbad with a current certificate of insurance, satisfactory to
the city, listing the city as an additionally insured. The certificate must remain in effect for as long
as the curb cafe is located within the public right of way.
NOTE: The following conditions, upon the approval of this proposed development shall apply to the
operation of the development:
19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
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. Business owner and/or property owner shall notify prospective
owners and/or tenants of the above requirements.
20. Developer 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.
• Preventing trash and food particles from entering the gutter flow line and storm drain inlets.
• Cleaning of and debris removal from, adjacent street areas made inaccessible to street
sweepers due to the curb cafe.
c;;~
rfi#-DON NEU, AICP
City Planner
DN:AS:bd
c: Leor Lakritz, 8502 East Chapman Ave #614, Orange, CA 92869
Roberto Vigilucci, 2943 State Street, Carlsbad, CA 92008
Van Lynch, Principal Planner
Steve Bobbett, Project Engineer
File Copy
DMS/Data Entry