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HomeMy WebLinkAboutRP 14-06; Vigilucci's Restaurant Curb Cafe; Redevelopment Permits (RP) (2)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 FaradayAvenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits Coastal Development Perinit (*) | jlVlinor Conditional Use Permit (*) ^inor I |l (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) Extension Day Care (Large) Environmental Impact Assessment Habitat Management Permit Hillside Development Permit (*) Minor Minor Nonconforming Construction Permit Planned Development Permit Minor hesidential [ |Non-Residential BPlanning Commission Determination Site Development Plan [ [Minor I [ Special Use Permit Tentative Parcel Map (Minor SutMlivision) Tentative Tract Map (Major Subdivision) Variance I I Minor ieneral Plan Amendment [ ^cal Coastal Program Amendment (*) Master Plan Specific Plan Zone Change (*) Zone Code Amendment Amendment Amendment South Carlstad Coastal Review Area Permita [Review Permit j l^dministrative | pinor | jMajor Villaae Review Area Permits X Review Permit \dministrative [ [Minor | [Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. _^ ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: C.U^3 ^Fg^ gui^T <5\Ji^il T^x> S^XtSTiMo. ST^&B-T ^rAC^^<: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ^^f3 ST/Tg^ ST . C^t^-CSiB^X? o STREET ADDRESST l/ViC-^T SIDE OF ST^Tve. ON THE: BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) AND (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 6 Revised 12/13 OWNER NAME (Print); MAILING ADDRESS; CITY, STATE, ZIP: TELEPHONE EMAIL ADDRESS: APPLICANT NAME (Print); ^^y^-^^ V^6 tUvd6| MAILING ADDRESS; '7J\^Z SX^-T^ CITY.STATE.ZIP: CAy^JUQ^JrO i ^ ^^1>Dg TELEPHONE: 7^0- ^} S- ^6 4-5 EMAJLifrt^DRESS: robV/iJ^^ foaXt^i^n'c^XofA I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRU5 AND G0RR5et TO THE BEST OF MY KNOWLEDGE, LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO LEDGE. SIGNATURE DATE 2- MJ^ DATE SI APPLICANT'S REPRESENTATIVE (Print): -pZy ^f2-7- \J\ SWl)—H MAILING ADDRESS: (QS^ -^V^^ P CITY, STATE. ZIP: TELEPHONE; EMAIL ADDRESS; I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THEABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF I/YKI^OWLEDGE. DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO hPS PROPfftTiPf CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND- PROPERTY OWNER SIGj^A?0R^^ FOR CITY USE ONLY RECEIVED FEB \ 9 CITY OF CARLSBAD PLANNU^G DIVISION DATESTAMP APPLICATION REC RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 12/13 Indemnification and insurance Requirement for Village Area Administrative Permit 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 of this application. I agree to Indemnify, hold harmless, and defend the City of Carlsbad and Its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property 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 of the City of Carlsbad or Its officers or employees. I have submitted a Certificate of insurance to the City of Carlsbad In the amount of one million dollars Issued by a company which has a rating In the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (cuo-ently class Vll) or better which lists the City of Carlsbad as "additional Insured" and provides primary coverage to the City. I also agree to notify the City of Carisbad thirty days prior to any cancellation or expiration cf the policy. The notice shall be delivered to: City Planner City of Carisbad 1635 Faraday Avenue Carisbad The insurance fthaH remain in effect for as long as the property is placed on the public sidewalk or the business is operated on he puiblic sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of nlslpenTutjMi fhe puiglic sidewalk. I understand that an approved administrative permit shall remain in effec 'forUsgl^g as outdo^ displays are permitted within the Village Review Area and the permittee remains In com|t>liar cewR^Jh^ubjisa approved permit. V/kY X—-^ Date: 2' Signature. Certification Statement I Certify that I am the Legal Propertv 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 the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are pennitted within the Village Review Area and the permittee remains in compliaoc^^h the si^e^,aEEroved permit. Signature Date: ^^^t- <Pcy^ P-1 Page 3 of 6 Revised 12/13 LAND USE REVIEW APPLICATION FORIVI INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication In filling out application forms, the City has adopted a comprehensive application form to handle multiple application submittals. The following instructions should assist you In preparing the application form fbr submittal to the City: • Applications applied for: Check the appropriate boxes for the various application types for which you are applying. Check with counter staff to detennine required application types needed to process your specific project. • Assessor Parcel No(s).: Include all assessor parcel numbers Induded within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). ^ Project Name: Fill In the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name Is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." / Brief Description of Project: Write down a brief description of the project. Be specific but do not Include square footage or architectural details. For example: a neighborhood commercial center with two restaurants; single family detached residential project; or an Industrial/office complex with three industrial/office buildings. • Owner's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the owner for all applications. Use the owner's name as it appears on the title report. • Applicant's Name, Address, Phone Number, Email address and Signature: To be filled in and signed by the applicant. If owner and applicant are the same you may write same on the space for the name. N\ con-espondence and contact regarding the application will be directed to the applicant. • Brief Legal Description: Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carisbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717." Do not provide bearings and distances. A full legal description will be contained within the title report submitted with the application. ^ Location of Project: Fill in the blanks with the street address (if appropriate), direction and street names. For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. Consent to Allow Entrance onto the Property: Signature granting members of City staff. Planning Commissioners, or City Council members' pennission to inspect and enter the property. ^ Notice of Restriction: Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant. Notices of Restriction run with the land and bind any successors in interest. Application Requirements: Attached with the application form are the various submittal requirements for each application type listed on the face of the application. Follow any instructions contained within the submittal requirements and submit the Infonnation and materials required for each of the applications for which you are applying. If vou have anv questions regarding aPDlicatlon submittal requirements (I.e.. clarification regarding a specific reguirement or whether all requirements are necessarv for vour particular application) please call (760) 602-4610. IMPORTANT: Check ali submittais to be sure ali the required information and materials have been submitted with your application. Incomplete submittals will not be processed or scheduled for revt^ by staff, the Commission or Council. You will be notified in writing within 30 days of submittal whether or not your application is complete. A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring oniy one appiication must be submitted prior to 4:00 p.m. p-1 Page 4 of 6 Revised 12/13 Applicant Disclosure - Form P-1(A): /Ml applications require submittal of an applicant disclosure fonn. Follow the instructions provided on the forni and the attached Information sheet. Proiect Description/Location - Form P-KB) Hazardous Waste Statement - Form P-1 (C) Environmental Impact Assessment - Form P-KD): /Ml applications for development require submittal of an Environmental impact Assessment Form. Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports. Follow the instruction provided with the application form. Time Limits on Discretionarv Permits - Form P-KE) Tentative Parcel Map Waiver of Processing Time Limits - Form P-KR Tentative Parcel Map Tenant Notification Statement - Form P-KG) Circulation impact Analvsis: Ai\ applications v*/hich propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact /Mialysls. This analysis will be used to determine compliance of your project with Growth Management Facility Standards. The analysis is not to be considered In lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic Issues. Fire Department/Water District Consultation: Prior to submittal of an application for development In the City, you are encouraged to consult with the Fire Department and the appropriate water district In order to design your project in compliance with their requirements. Failure to consult with either agency could result in unnecessary delays, redesign or project denial. The purpose of the notice is to get projects to "design In" water and fire requirements In advance. Digital Submittals: Applicants shall submit digital files with the application at initial submittal and at approval of tentative tract map. In accordance with Engineering Standards. P-1 Page 5 of 6 Revised 12/13 SCREENING OF EQUIPMENT Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators, ovens, etc..) shall not be directly visible from a height of five feet from the closest building wall on any lot. Scaled elevations of all such equipment, as well as screening materials, are required on all site plans. See example below. EXAMPLE OF SCREENING MATERIAL DISPLAY , PROPERTY LINE PROPERTY LINE, P-1 Page 6 of 6 Revised 06/12 ^ DISCLOSURE Development Services STATEMENT Planning Division ^ CITY OF p -l/A\ 1635 FaradayAvenue -ADI CRAD (760)602 4610 ,r\f\L--JlJf\l-y www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this Information Is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legai name and entity of the applicant and property owner must be provided betow. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant Includes a corporation or partnership. Include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person t^ofe&<trrt> \/i6iu«J<:6l Corp/Part Title 6-J5>vi^^J otHv->fe/<^ Title Address "Z^Hl ST/TK^ Sr Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership Interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ceoiz. UA t^i.MTZ. Coro/Part CAVA.£ BAD ^i(^^/>c£, iL7^J'tjnAn| f Title fl^yeriTT Dgj^Afeiru Title flg^gJ i o g/sr-T Address B c^ir\^^>^4>^ Address A^t ^•6ii P-1 (A) Page lof 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above is a nonprofit 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. Non Profit/Trust, Title Non Profit/Trust_ Title Address Address Have you had more than $500 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):. NOTE: Attach additional sheets If necessary. Signature of owner/date ve information is true and correct to myJknowledge. J 3 t\ Print or type name of owner Signa^i^re of appttcSriUdate Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 ^ PROJECT Development Services ^ DESCRIPTION Planning Division ^ CITY OF D i/R\ 1635 FaradayAvenue CARLSBAD P-1 (B) ^^ggj 602-4610 www.carlsbadca.gov PROJECT NAME: C UV^S CAf-t^ ' 1^B^T/^ Ut^^f^T APPLICANT NAME: f^Od&P-To VlGlLUCdj Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: CuFs8 ^fe ^oiuT ov&iz. To^o or^ - Sxfeee-f ^c-p-ELM J^<^S . XH^^ ^U1^^ OJ/UL. HA\^e •pIz^^c^^^T <^«iMo|z^Te FL-.a^OT^l(^ S or\J 3 B€- -HlOrt C?U^U17^ ^UTDOoVi- t=U/2-Kj^Ti;y^. 'pHC cu^T3 0'>'^f^(^ uuiUL. ^n-4isy^^£ P-1(B) Pagelofi Revised 07/10 ^ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.ca risbad ca .gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. I I The development project and any alternatives proposed in this application arg contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. APPLICANT Name: 'j^c>geg.To VlOli.o<:ci Address: t^-^l^ Cr^Te Phone Number: 76o - 8 I 5 - g^C^S^S PROPERTY OWNER Name: LjE^ofU L^jC^giTZ. Address: 8^^^2^ £ CHApAi^H /^V€.1^ Phone Number: - •^Q-S- M-'^t'Z.g Address of Site: 2lMr3 5T.&T)E 4- Local Agency (City and County):. j^/iNl ±>)€<S( Assessor's book, page, and parcel number:. Specify list(s): ReAlatory Identification Number. licarirSlgnature/Date Property Owner Sii ate The Hazardous Waste and Substances Sites List (Cortese List) Is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ^ HAZARDOUS WASTE Development Services CITY OF AND SUBSTANCES Planning Division CARLSBAD^ STATEMENT '"";ao,"eoa"«o P-1 (C) www.carisbadca.gov Per the California Environmental Protection Agency's website, "While Govemment Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below Is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.qov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites wvw.envirostor.dtsc.ca.Qov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://qeotracker.waterboards.ca.aov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcountv.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.qov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States wvyw.epa.qov/superfund/sites/npl/npl.htm p-1 (C) Page 2 of 2 Revised 02/13 VIGILUCCI'S RESTAUR/\NT City of Carlsbad Faraday Center Faraday Cashiering 001 140510M 02/20/2014 32 Ihu, Feb 20, 2014 08:13 AM Receipt Ref Nbr; R1405101-1/0010 PERMITS - PERMITS Iran Ref Nbr: 140510101 0010 0011 Trans/Rcpt#; R0099940 SET #; RPI40005 Amount; 1 i $34': Itein Subtotal: $34-. Item Total; $34b 1 ITEM(S) TOTAL: $349.00 Check (Chk# 0000001817) $349.00 Total Received: $349.00 Have a nice dayi ****^+********C[JSTOMER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: VIGGILUCCI ROBERTO Description Amount RP140006 349.00 2 94 3 STATE ST CBAD Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0099940 Transaction ID: R0099940 Transaction Date: 02/19/2014 Pay Type Method Description Amount Payment Check 349.00 Transaction Amount: 349.00 ^ City of Carlsbad CURB CAFE PERMIT NOTICE OF PENDING DECISION DATE: JUNE 9, 2014 APPLICATION NUMBER AND NAME: RP 14-06 - VIGILUCCI'S RESTAURANT CURB CAFE PROJECT DESCRIPTION: The proposed Curb Cafe permit is 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. LOCATION: 2943 State Street APN: 203-293-08 If you have any objections to the granting of this Curb Cafe permit, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 calendar davs of the date of this notice. If you have any questions, please contact Austin Silva, at the City of Carisbad Planning Division, (760) 602-4631, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. The Citv Planner will make a decision on this application no sooner than 10 calendar davs after the date of this notice. A Notice of Decision will be sent to those persons that provided comments on the requested Curb Cafe Permit. Appeals may be filed with the Planning Division within 10 calendar days of the City Planner's Decision. Community & Economic Development Planning Division 1635 FaradayAvenue I Carisbad, CA 92008 I 760-602-4600 I 760-602-8560 fax APN Name Address City State Zip 203-292-04-00, 203-292-25-00 Abel Garcia Living Trust 1502 Rolling Hills Dr Oceanside CA 92056 203-292-05-00 Leo & Dianna Pacheco 2100 Chestnut St Carlsbad CA 92008 203-292-06-00 Douglas & Lori Avis 550 Laguna Dr, #B Carisbad CA 92008 203-292-07-00 Mission Square Shopping Center % Torrey Pines Property Management PO 60x1186 La Jolla CA 92038 203-292-08-00 Clarke Family Descendants Trust 2665 Jefferson St Carlsbad CA 92008 203-292-24-00 Belynn Gonzales Trust 2728 Chestnut Ave Carisbad CA 92010 203-293-01-00 All American Engineering & Trading Inc 721 McGauran Dr Vista CA 92081 203-293-04-00, 203-293-05-00, 203-293-08-00, 203-293-10-00 BBK FES LLC, Leor & Ophira Lakritz, Terrence Carroll 8502 E Chapman Ave, #614 Orange CA 92869 203-293-09-00 BBK FES LLC, Leor & Ophira Lakritz, Terrence & Judith Carroll 8502 E Chapman Ave, #614 Orange CA 92869 203-296-12-00 NCTD 810 Mission Avenue Oceanside CA 92054 APN Name Address City State Zip 203-292-04-00 Occupant 2956 State St Carlsbad CA 92008 203-292-04-00 Occupant 2958 State St Carisbad CA 92008 203-292-05-00 Occupant 2946 State St Carisbad CA 92008 203-292-06-00 Occupant 2940 State St Carlsbad CA 92008 203-292-06-00 Occupant 2942 State St Carlsbad CA 92008 203-292-07-00 Occupant 2916 State St Carisbad CA 92008 203-292-07-00 Occupant 2922 State St Carisbad CA 92008 203-292-07-00 Occupant 2928 State St Carisbad CA 92008 203-292-08-00 Occupant 507 Grand Ave Carisbad CA 92008 203-292-08-00 Occupant 519 Grand Ave Carisbad CA 92008 203-292-08-00 Occupant 2906 State St Carisbad CA 92008 203-292-24-00 Occupant 2968 State St Carlsbad CA 92008 203-292-25-00 Occupant 2960 State St Carisbad CA 92008 203-293-01-00 Occupant 2907 State St Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite A Carlsbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite B Carlsbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite C Carlsbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite D Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite E Carlsbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite F Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite G Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite H Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite 1 Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite J Carlsbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite K Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite L Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite M Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite N Carlsbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite 0 Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite P Carisbad CA 92008 203-293-01-00 Occupant 2911 State St, Suite Z Carisbad CA 92008 203-293-01-00 Occupant 2913 State St Carlsbad CA 92008 203-293-04-00 Occupant 2957 State St Carisbad CA 92008 203-293-04-00 Occupant 2959 State St Carlsbad CA 92008 203-293-04-00 Occupant 2961 State St Carisbad CA 92008 203-293-04-00 Occupant 2963 State St Carisbad CA 92008 203-293-04-00 Occupant 2965 State St Carisbad CA 92008 203-293-05-00 Occupant 2969 State St Carisbad CA 92008 203-293-05-00 Occupant 2971 State St Carlsbad CA 92008 203-293-05-00 Occupant 2975 State St Carlsbad CA 92008 203-293-05-00 Occupant 2977 State St Carisbad CA 92008 203-293-08-00 Occupant 2943 State St Carisbad CA 92008 203-293-08-00 Occupant 2945 State St Carlsbad CA 92008 203-293-10-00 Occupant 2917 State St Carisbad CA 92008 203-293-10-00 Occupant 2917 State St, #230 Carlsbad CA 92008 i CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MAY 21. 2014 PROJECT NO(S): RP 14-06 mm"l - ^ i ::;:i: REVIEW NO: 2 m»^-"i ' PROJECTTITLE: VIGILUCCI'S RESTAURANT CURB CAFE APPLICANT: DZN PARTNERS/BART SMITH TO: Land Development Engineering-Steve Bobbett • Public Works (Storm Drain) - Clayton Dobbs • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko • Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION/AUSTIN SILVA P'^^^^ '•^^'§^414^..!?"^'* comments and/or conditions to th^|^gmiaftlfe|B||t 1635 Faraday Avenue, bv^/^yi4. If vou have "No Comments," please so state. If vou determine that there are items that need to be^l^Stllicf to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature 4^ PL^NS ATTACHED Review & Comment 4/14 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: FEBRUARY 20. 2014 PROJECT NO(S): RP 14-06 PROJECT TITLE: VIGILUCCI'S RESTAURANT CURB CAFE REVIEW NO: APPLICANT: DZN PARTNERS/BART SMITH FOR VIGILUCCI'S RESTAURANT TO: Land Development Engineering • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy-Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION/AUSTIN SILVA Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 3/12/14. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: / fi\u\n ^'^^ Signature Date PLANS ATTACHED Review & Comment 02/14 <>CARLSBAD fCOPY Community & Economic Development www.carlsbadca.gov June 23, 2014 Bart M. Smith DZN Partners 682 Second Street Encinitas, CA 92024 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 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 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 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 ofthe 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 LUCCI'S RESTAURANT CURB CAFE 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 14-06 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, 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 14-06 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 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 14-06 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 caf^ 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 June 23, 2014 Page 3 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 Carisbad 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 Land 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, Carisbad CA together with the encroachment agreement processing fee of $325. Links to these forms on the city's website are: http://www.carisbadca.gov/business/buildinK/Documents/E-23.pdf and http://www.carisbadca.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: Name of property owner Property owner's mailing address Legal entity of property owner, i.e., individual, partnership, corporation (state incorporation), limited liability company (state of incorporation), trust, etc. Name and title of individual(s) authorized to sign on behalf of property owner. of RSA RP 14-06 - VIGILUCCI'S RESTAURANT CURB CAF^ June 23, 2014 Page 4 • 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. C. • 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 officiai 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., Carisbad 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., Carisbad: 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 ofthe above requirements. RP 14-06 - VIGILUCCI'S RESTAURANT CURB CAFE June 23, 2014 Page 5 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 ofthe 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 department. No changes to the layout or planters, or substantial 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 ofthe 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 #910) partners ARCHITECTURE REVIEW RESPONSES Date: Project Number: Project Title: Principal Planner: Project Planner: Responses: Mayl 9, 2014 RP 14-06 Vigilucci's Restaurant Curb Cafe Chris DeCerbo Austin Silva Bart Smith, AIA & Marcela Anderson - DZN Partners Architecture Architectural Corrections Planning: 1- Sheet 8.01, Furniture Legend. Also, Sheet a.01, Materials Legend, Numbers 8-10. Species and Common names are listed in the table. Engineering: 1- Sheet a.01, floor plan has property line and row center line drawn and labeled. 2- Dimensions were field verified. Note #8 at notes on Sheet a.01. 3- New dimension line added on floor plan. Sheet a.01. 4- Section A&B has added height dimension lines, Sheet a.02. Materials legend corrected for height of planters, walls, railings and plants, sheet a.01. Note #10 at notes on Sheet a.01. 5- Furniture legend. Umbrella, Sheet a.01. Umbrella location, floor plan, Sheet a.01 Note #11 at notes on Sheet a.01. 6- No AC electrical or lighting proposed. 7- Talked with Will Foss and was told they will not issue building permits. However, they will review structural, accessibility, and street protection items. Please see drawings on Sheets a.01 and a.02. Electrical & lighting is not proposed as a part of this project. 8- See attached forms, supporting documents and check. {o V'Tt bwT>^^^' Building: 9- Rolling gate per floor plan, Sheet a.01. Also, see transition note from paver to sidewalk at detail 1, Sheet a.02 a 682 2nd street encinitas ca 92024 j v 760.753.2464 | f 760.753.0600 j e info@dznpartners.com j w dznpartners.com •cAkLSBAD f'LE COPY Community & Economic Development www.carlsbadca.gov March 12, 2014 DZN Partners Attn: Bart M. Smith 682 Second Street Encinitas, CA 92024 SUBJECT: 1st REVIEW FOR RP 14-06 - VIGILUCCI'S RESTAURANT CURB CAFE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Curb Cafe Permit, application no. RP 14-05, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) three sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 19, 2014, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide three (3) complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-4631. • Building Division: Will Foss, Building Manager, at (760) 602-2716. Sincerely, 0 ' ' CHRIS DeCERBO Principal Planner CD:AS:fn c: Leor Ukritz, 8502 E. Chapman Ave. #614, Orange, CA 92869 Roberto Vigilucci, 2943 State St., Carlsbad, CA 92008 Don Neu, city Planner Steve Bobbett, Project Engineer Will Foss, Building Manager Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © -.yittLUCCl'S RESTAURANT CURB CAFE rclit2,| Eel ISSUES OF CONCERN Planning: 1. Please provide specifications (color, materials, size, number) for the curb cafe tables and chairs. Also include the type of plant species to be used. Engineering: 1. Add the following information to the floor plan or provide an additional drawing showing the location of the street right of way and the property lines for the assessor's parcel associated with this project. 2. Field verify the dimensions of the existing parking space striping, the angle between the stripes and the curb face and their relationship to the property lines referenced above. The curb cafe should be restricted to the frontage of the building or tenant space the curb cafe serves. Add a note to the plans indicating that the information shown has been field verified. 3. Include on the floor plan the overall distance from the face of the curb to the painted street centeriine stripe that is parallel to the curb face. 4. Barriers (including planters, rails, walls, etc.) are not to exceed 36" in height as measured from street surface. Plants are not to exceed 42" in height as measured from the street surface. 5. Indicate if umbrellas will be utilized. Indicate the size, color and quantity. Minimum height of the open umbrella structure should be 6'-8". No other type of shade structures will be allovyed. 6. Indicate if electrical and/or lighting is proposed and provide plans and specifications if so. 7. Prior to installation of the curb caf6, the applicant shall apply for and obtain permits as needed from the Building Division. Contact the Building Divsion for information regarding submittal requirements. 8. A Prior to installation of the curb caf6, the applicant shall apply for and obtain an encroachment agreement from the Land Development Engineering Division. 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.carisbadca.gov/business/building/Documents/E-23.pdfand http://www.carisbadca.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 RP 14-06 - VIGILUCCI'S RESTAURANT CURB CAFE March 12, 2014 Page 3 • 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. • 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 for property owner and business owner. Depending on the legal entity ofthe 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 entity. Building: The gate may not swing over the disabled accessible seating space. There must be a smooth transition (1/4" maximum) from the deck to the sidewalk.