HomeMy WebLinkAboutRP 14-06; Vigilucci's Restaurant Curb Cafe; Redevelopment Permits (RP). ~~CARLSBAD
Community & Economic Development
June 23, 2014
Bart M. Smith
DZN Partners
682 Second Street
Encinitas, CA 92024
www.carlsbadca.gov
SUBJECT: CURB CAFE PERMIT NO. RP 14-06-VIGILUCCI'S RESTAURANT CURB CAFE-Request
for approval of a Curb Cafe Permit (RP 14-06} to allow for Vigilucci's Restaurant 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 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 14-06 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. No comments were received within the
ten day notice period (ending on June 19, 2014}. 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 C:urb
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 Vigilucci's Restaurant.
3. That this project is the second curb cafe on State Street between Carlsbad Village Drive and
Grand Avenue, which may have a maximum of five 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 1S303 (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 14-06-VIGilUCCI'S RESTAURANT CURB CAFE
June 23, 2014
Pa e 2
S. The City Planner has reviewed each of the exactions imposed on the Developer containea in
this resolution, and hereby finds, in this case, that the exactions are imposed to miti~ate
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 14-06 as shown on Exhibits "A" -"B" dated June 20, 2014 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, revokei 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 14-06 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 ~nd
costs, including court costs and attorney's fees incurred by the City arising, directly or indire~tly,
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 14-06 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 from 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 14-06-VIGILUCCI'S RESTAURANT CURB CAFE
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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 areas
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 Limd
Development Engineering Department. Complete and submit Engineering Plancheck
Application E-23 and Encroachment Agreement Submittal Checklist E-9 to the Land
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 website·
are: http://www.carlsbadca.gov/business/building/Documents/E-23.pdf and
http:/lwww.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 (stat~ 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 14-06-VIGILUCCI'S RESTAURANT CURB CAFE
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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 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 enti~y.
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 Ave., Carlsbad CA
92008
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 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. Developer shall notify prospective owners and tenants of the
above requirements.
RP 14-06-VIGILUCCI'S RESTAURANT CURB CAFE
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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 ~nd
on file in the city planning department. No changes to the layout or planters, or substaritial
changes to the furniture, umbrellas, or landscaping shall be allowed without prior written
approval from the city planning department. 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: Leor Lakritz, Suite 614 8502 East Chapman Avenue, Orange, CA 92869
Roberto Vigilucci, 2943 State Street, Carlsbad, CA 92008
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
Michele Masterson, Senior Management Analyst
File Copy
DMS/Data Entry