HomeMy WebLinkAboutRP 14-21; Vigilucci's Market Sidewalk Cafe; Redevelopment Permits (RP)July 30, 2015
Bart M. Smith
DZN Partners
682 Second Street
Encinitas, CA 92024
SIDEWALK TABLES AND CHAIRS
ADMINISTRATIVE PERMIT
SUBJECT: RP 14-21-VIGILUCCI'S MARKET SIDEWALK CAFE
Ccityof
Carlsbad
The City has completed a review of the application for a Sidewalk Tables and Chairs Permit for Vigilucci's
Market located at 2943 State Street.
It is the City Planner's determination that the request is consistent with the Village Review Area Master
Plan and with all other applicable City ordinances and policies. The City Planner, therefore, approves this
request based on the following:
Findings:
1. That the placement of tables and chairs is not a project subject to the California Environmental Quality
Act (CEQA).
2. That the sidewalk tables and chairs are for an eating/drinking establishment.
3. That the tables and chairs will not unduly disrupt pedestrian and vehicular movement.
4. That the applicant has signed an Indemnification Statement holding the City of Carlsbad harmless
from any legal action resulting from placement of the sign on the public sidewalk.
5. That a Certificate of Insurance naming the City of Carlsbad as additionally insured in a minimum
amount of $1 million, as established by the Risk Manager for the City, has been submitted to the City
and will remain in effect for as long as the sidewalk tables and chairs remain in the public right-of-
way.
Conditions:
1. The tables and chairs shall be placed a minimum of two feet from the curb to allow adequate space
for the opening of vehicle doors.
2. A clear area of at least five feet in width shall be maintained for pedestrian use over the entire length
of the sidewalk in front of the business.
3. The tables and chairs shall be placed in order to maximize a linear unobstructed area.
4. A clear area of at least five feet in width shall be maintained to building entries.
5. The tables and chairs shall not block access to fire emergency facilities (i.e., fire hydrants).
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46601760-602-8560 fl www.carlsbadca.gov
RP 14-21-VIGILUCCI'S SIDEWALK CAFE
July 30, 201S
Pa e 2
6. The tables, chairs and umbrellas are restricted to the frontage of the business, and shall not encroach
on the frontage of any adjacent business.
7. All sidewalk obstruction including non-permanent trash receptacles shall be removed completely
from the sidewalk area daily prior to the close of business.
8. The tables and chairs shall be of a uniform color and design and of substantial construction to
withstand outdoor use. •
9. Trash receptacles shall be provided and the sidewalk shall be kept free of litter.
10. An encroachment agreement is required prior to installation of any railing or permanent street
furniture. 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 Avenue, 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://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
• 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
RP 14-21-VIGILUCCI'S SIDEWALK CAFE
July 30, 2015
Page 3
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.
11. Prior to installation of any railings or permanent street furniture, a right of way permit is required.
Developer shall cause the owner to complete and submit Engineering Right of Way Application E-ll
to the Land Development Engineering Counter at 1635 Faraday Avenue, Carlsbad CA. The link to this
form on the city's website is:
http:/fwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22694
12. 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.
13. 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.
14. 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://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BiobiD=22706
15. 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.
If you have any questions, please contact the project planner at Austin Silva at (760) 602-4631 or
austin.silva@carlsbadca.gov.
CITY OF CARLSBAD
(l7l
DON NEU, AICP
City Planner
DN:AS:fn
c: Vigilucci's Restaurant Group Inc., 3878 Carlsbad Boulevard, Carlsbad, CA 92008
Van Lynch, Principal Planner
Steve Bobbett, Project Engineer
File Copy
Data Entry
DMS