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HomeMy WebLinkAboutRP 93-03; Ralph & Eddie's Garden Patio; Redevelopment Permits (RP) (2)City of Carlsbad Housing & Redevelopment Department July 25, 1995 RALPH AND LANA BURNETTE 3315 MOONLEY CARLSBAD, CA. 92008 RE: GARDEN PATIO ADDITION FOR RALPH & EDDIE'S BUILDING Dear Ralph and Lana: As requested, I reviewed your proposal to demolish a building you own on Grand Avenue and to construct parking spaces to accommodate the garden patio that you wish to add to the existing Ralph & Eddie's building. Per our prior discussions, parking is the main issue related to the garden patio. The following issues or thoughts have been identified which may help you in making a decision as to what you would like to do in terms of the proposed patio. • Under the current Village Design Manual and related City ordinances, all outdoor patio areas are considered part of the gross floor space for a specified use and must be parked according to the applicable parking requirements. Ralph and Eddie's has been classified as a bar/cocktail lounge. The applicable parking requirement is 1 space per 50 square feet of gross floor space. Therefore, your previous proposal to build a 2475 square foot patio would require a total of 50 parking spaces. If you can only provide 14 spaces on the proposed lot, you would be allowed a maximum 700 square foot patio. Also, you still will not be allowed to build over the 20 foot easement on the property. • You might want to consider a land use change to a "Bonafide Restaurant". The definition of a restaurant is outlined in the attached ordinance. This means that the bar and card room would be incidental uses. If you changed the land use to a Bonafide Restaurant, your parking requirement would be 1 space per 100 square feet of gross floor space. This means that the patio area would have a parking requirement of 1 space per 100 square feet of gross floor space. You could then build a 1400 square foot patio as long as it was not built over the 20' easement on your property. Since a restaurant is considered a less intense use than a bar/cocktail lounge, staff could probably successfuUy argue that the existing building would not need to be parked according to current parking standards and we could simply focus on the patio itself. If you can provide 14 parking spaces which meet Engineering and Planning standards, then Redevelopment could support a 1400 square foot patio. 2965 Roosevelt St., Ste. B • Carlsbad. CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ® BURNETTE July 25, 1995 Page 2 Under the current Village Design Manual and related ordinances, the subject change in use, additional parking and garden patio would require a minor redevelopment permit and a coastal development permit to be approved by the Design Review Board following a public hearing. • Under the new Master Plan and Village Design Manual which is currently in the process for approval and adoption, outdoor patios do not need to meet a parking requirement if the seating within the patio is less than the seating inside the building. So, if you wait until the new plan/manual is adopted, you may be able to construct your patio without having to provide additional parking. You also may be allowed to convert the use to a bonafide restaurant without the need for a redevelopment permit, if you desired to do so. At this time, it is anticipated that the new Master Plan and Design Manual will be adopted and fiilly implemented by the end of December, 1995. If you choose to wait, you may be in a better position to receive approval of the patio due to the flexibility built into the new plan/manual. If you do not wish to wait for adoption of the new plan/manual, give me a call at 434-2935 and we can try to process the patio within the current regulations. Sincerely, BIE FOUNTAIN Senior Management Analyst City of Carlsbad Planning Departnnent June 30, 1994 Ralph Burnette, Jr. 3315 McKinley Carlsbad, CA 92008 RE: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO We are in receipt of a letter from your attomey dated Jvine 1,1994, (attached) requesting the withdrawal of your application Nos. RP 93-03/CDP 94-03. As a result, this letter is notification to you that RP 93-03 and CDP 94-03 have been withdrawn. Your attomey has also requested a refund of any unused fees. The refund request is in process. If you have any questions, please do not hesitate to contact me at (619) 438- 1161, extension 4447. Sincerely, TERESA A. WOODS Associate Planner TAWilh RP9303.LTR 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 Lazy Offices ofUdcfmrcC'B. Macgurn 1015 CHESTNUT AVENUE. SUITE E3 CARLSBAD. CA 92008 (619) 729-7162 FAX (619) 729-2860 June 1, 1994 Terry Woods City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009-1576 Re: Ralph & Eddie's Garden Patio — RP 93-03/CDP 94-03 Dear Ms. Woods: This is a follow-up to our telephone conversations. I advised you that my client, Ralph Burnette, Jr., desires to withdraw his application for the Ralph & Eddie's Garden Patio. Mr. Burnette is working on solving the parking problems that his business currently faces. As I indicated to you when we redesign the garden patio we will make certain that it does not impinge on any private easements. You indicated to me that Mr. Burnette would be entitled to a refund of a portion of the fees that he had paid. I appreciate your processing that refund and sending it to Ralph Burnette care of this office. Mr. Burnette has assured me that he will be resurfacing the parking lot in the near future to return it to conditions as good as or better than before the construction work was commenced. If you need additional information, please contact me. Thank ycu for your assistance. rly Vitl^s, Jl, Richard B.' Macgur RBM:cec cc: Ralph Burnette, Jr. Lazy Offices of ^HicharcC'B. Macgurn June 1, 1994 1015 CHESTNUT AVENUE, SUITE E3 CARLSBAD. CA 92008 (619) 729-7162 FAX (619) 729-2860 Terry Woods City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009-1576 Re: Ralph & Eddie's Garden Patio RP 93-03/CDP 94-03 Dear Ms. Woods: This is a follow-up to our telephone conversations. I advised you that my client, Ralph Burnette, Jr., desires to withdraw his application for the Ralph & Eddie's Garden Patio. Mr. Burnette is working on solving the parking problems that his business currently faces. As I indicated to you when we redesign the garden patio we will make certain that it does not impinge on any private easements. You indicated to me that Mr. Burnette would be entitled to a refund of a portion of the fees that he had paid. I appreciate your processing that refund and sending it to Ralph Burnette care of this office. Mr. Burnette has assured me that he will be resurfacing the parking lot in the near future to return it to conditions as good as or better than before the construction work was commenced. If you need additional information, please contact me, you for your assistance. Thank IRichard B.l Macgur RBM:cec cc: Ralph Burnette, Jr. City of Carlsbad Planningi Department June 23, 1994 Ralph F. Burnett, Jr. 3315 McKinley Carlsbad, CA 92008 Dear Mr. Burnett: Enclosed is a Request for Refund form which requires your signature, so that we might complete the processing of your refund on the application which was withdrawn. Please sign at the X and retum both copies to me for processing. Thank you. Sincerely yours, BOBBIE HODER Senior Management Analyst End. 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 810-810-0000-8216 Account No. nm-810-0000-8?] T 116 CITY OF CARLSB/\D REQUEST FOR REFUND .00 60. no Vendor No. Amount of ^^f^Y^j $220.00 '0 PD 9/14/93 Date Fee P;,iH-$400 PD 3/10/94 Fee Paid For: Fee Paid By: MINOR RP AND COASTAL DEVELOPMENT PERMIT RALPH F. BURNETT, JR Facts Supporting Request: APPLICATION WITHDRAWN 6/1/94 Name of Applicant: RALPH F. BURNETT, JR. Address: 3315 MC KINLEY CARLSBAD CA 92008 619-434-1120 Street City State Zip Telephone Signature of Applicant: Date Dept. Justification: Rec: • Approve • Disapprove Date Finance Investigation: Rec: n Approve • Disapprove Dept. Head Signature Date City Manager's Action: • Approve • Disapprove City Manager Signature Date \ \ City of Carlsbad Planning Department April 26. 1994 Ralph F. Burnette, Jr. 3315 McKinley Carlsbad CA 92008 SUBJECT: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO Your application has been tentatively scheduled for a hearing by the Design Review Board on June 1, 1994. However, for this to occur, you must submit the additional items listed below, tf the required items are not received by May 10, 1994, your project will be rescheduled for a later hearing. In the event that the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans. A) 10 copies of your (site plans and building elevation plans) on 24" x 36" sheets of paper folded into 8 1 /2" x 11" size. B) One 8 1/2'X 11'copy of your reduced site plan and building elevation. 2. As required by Section 65091 of the California Government code, please submit the following information needed for noticing and sign the enclosed form: A) Owners Ust - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject, including the applicant or owner. The list shall include the San Diego County Assessor's parcei number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all capital letters, left justified, and void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Do not provide addressed envelopes - PROVIDE LABELS ONLY 2075 Las Palmas Drive • Cartsbad, California 92009-1576 • (619) 438-1161 PROJECT NUMBER DATE Pace 2 C) Radius Map - A map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. D) Fee - A fee (check payable to the City of Carlsbad or ash only) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Sincerely yours, TERESA A. WOODS Associate Planner Attach TAW:lh I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANTS REPRESENTATIVE BY DATE RECEIVED BY DATE NCTD March 24, 1994 Terri Woods City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Ralph & Eddie's Garden Patio Dear Ms. Woods: We have reviewed the plans for the above mentioned project which is located on Grand Avenue, adjacent to NCTD right-of-way. Currently, NCTD leases parking spaces within the right-of-way to Ralph & Eddie's. This lease is scheduled to expire March 31, 1994. The Carlsbad commuter rail station will be developed within this right-of-way. Design plans for the station do not show any available right-of-way which could be utilized as parking. If you have any questions regarding the plans or improvements for parking, please do not hesitate to call. Sincerely, Beth Grehnan Assistant Transportation Planner NORTH COUNTY TRANSIT DISTRICT South Tremont Street, Oceanside, CA 92054 619-967-2828 (^3 ~ 9f City of Carlsbad Planning Department March 22, 1994 Ralph F. Burnette Jr. 3315 McKinley Carlsbad, CA 92008 SUBJECT: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO Dear Mr. Burnette: The Engineering Department has compl^eted its review of the preliminary title reports submitted March 11,1994. As discussed earlier, the Engineering Department has identified a 20-foot private access/pipeline easement along yoiur northerly property line. This easement is found on both APN Numbers 203-173-04 and 203-173-06. The portion of the property encumbered by the legal easement should not be used for the project's expansion imless vacated. This easement may also be part of the lease agreement with the Village Faire project If this is the case, the lease agreement would also have to be amended. It is the responsibility of the applicant to ensure that easements are vacated prior to pursiiing development proposals. As discussed previously, parking is an issue on this project We are in receipt of letters from your attomey disputing the lease of your property to Village Faire for parking purposes. However, to date, we have not received notice that the lease has been invalidated. Further, as you are aware, NCTD is in the process of improving Washington Street, thereby changing the 90"" parking shown to parallel parking, and eliminating all parking on the east side of Washington Street After reviewing the improvement plans for the NCTD facilities, it appears that there will not be room for any additional parking within the NCTD right-of-way after NCTTD completes construction. With the exception of three or four potential parallel parking spaces on the west side of Washington street, the parking previously used for Ralph & Eddie's, within the NCTTD right-of-way and on Washington Street, will no longer be available. The resulting parking available to Ralph & Eddie's includes three to four spaces on the west side of Washington Street and five spaces behind the existing establishmenL The eleven potential parking spaces on APN Numbers 203-173-06 & 13, caimot be counted for your project imless the Village Faire lease is proved to be invalid. As the proposed project has inadequate parking and the proposed expansion would encroach into a legal easement, staff cannot support your request Please advise us if you wish to proceed to hearing immediately with a staff recommendation of denial or would prefer withdrawing your application to pursue resolving the lease agreement with Village Faire and vacating the easement on the northerly portion of the property. Sincerely, TERESA A. WOODS Associate Plaimer c: Bob Wojcik "r^^^"* ^ RP9303DE.LTR 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 f)itv of Carlsbad Housing & Redevelopnnent Department March 22, 1994 MR. ROBERT B. BURKE T.I.O LTD./VILLAGE FAIRE P.O. BOX 1575 CARLSBAD, CA. 92008-0262 RE: GROUND LEASE WITH RALPH BURNETTE AND DENLVL OF ACCESS TO LEASED PROPERTY FROM WASHINGTON STREET Dear Bob: Thank you for your letter dated March 11, 1994 regarding access to the property you lease from Mr. Ralph Burnette. Staff researched the issues regarding ingress and egress to the leased property. In reviewing the ground lease, staff confirmed that the property as covered by the lease does include a 20' easement which runs behind Ralph and Eddie's, as well as Kay Christiansen's property, as shown on the attached site map. The City has contacted Mr. Burnette and requested that he comply with the terms of the ground lease and reestablish the access to the leased property via the subject easement (see attached letter). We have indicated to Mr. Burnette that staff will recommend against the construction of the proposed new garden patio if it will block access to the leased property via the easement. The issue, however, seems to be complicated by the fact that TIO Ltd. was notified on November 10, 1993 that it was in monetary default on the ground lease. TIO Ltd. had apparently not made a rent payment since March, 1993. The monetary default allowed Mr. Burnette to terminate the lease after giving proper notice. Although Mr. Burnette gave you written notice on December 3, 1993 regarding the lease termination, he failed to give proper notice to the Carlsbad Housing and Redevelopment Commission. Therefore, in our opinion, the lease termination was not valid. We hope this financial matter has been resolved between you and Mr, Burnette by this date. If not, the monetary default will further complicate the City/Agency's efforts to make Mr. Burnette comply with the terms of the subject ground lease. As a third party beneficiary to the subject ground lease, we strongly encourage both you and Mr. Burnette to fully comply with the terms of the lease at all times. We believe this is in the best interest of all parties including the Carlsbad Redevelopment Agency. We have asked Mr. Burnette to work with you to develop an alternate solution for access to the leased property if 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ R. Burke March 22, 1994 Page 2 he no longer wishes to provide access via the 20' easement behind his cardroom. The ground lease would need to be appropriately amended to the satisfaction of both parties to reflect any changes to the access. Your cooperation in this matter will be greatly appreciated. If you have any questions regarding this correspondence, please contact my office at 438-1161 X4200. Sincerely, MARTIN ORENYJQC^ Community Development Director c: Housing and Redevelopment Director g)itv of cSrIsbad Housing & Redevelopment Pepartment March 22, 1994 Mr. Ralph F. Burnette, Jr. 3315 McKinley Carlsbad, Ca. 92008 RE: Ground Lease with TIO-TIL, Ltd. for Village Faire Parking F^irposes Dear Mr. Burnette: The City of Carisbad has recently been contacted by Robert Burke, of TIO Ltd., regarding the denial of access from Washington Street to the property TIO Ltd. leases from you for parking purposes for Village Faire. Although this would normally be a private party matter, the Carlsbad Redevelopment Agency feels it should be involved in the resolution of this problem because the Agency is considered a third party beneficiary within the ground lease. The ground lease between you and TIO Ltd. mcludes a 20' easement which runs behind the Ralph and Eddie's Card Room and Kay Christenson's property. Therefore, unless the ground lease is amended, it is the City/Agency's position that you must maintain the 20' easement for driveway purposes. The easement must remain open; there should be no barricades, walls constructed or cars parked which would prevent the use of the easement as a driveway. The City will recommend against the construction of the garden patio if it will block access via the noted easement. It is my understanding that you continue to dispute the validity of the agreement. However, until determined otherwise by a court of law, it is the City/Agency's position that the ground lease is valid and that you are obliged to honor the terms and conditions outlined within it. We also understand that you have notified TIO Ltd. that they are in default of the ground lease due to non-payment of rent and that the lease has been terminated. Please note that Section 15.5 of the lease states that "in event of a default by Tenant pursuant to which Landlord has the right...to terminate this lease or Tenant's rights hereunder, prior to such termination. Landlord agrees that it will give written notice to the Housing and Redevelopment Commission of the City of Carlsbad." If the Commission chooses to do so, the Redevelopment Agency has the right to assume the Tenant's rights, duties and obligations under the lease within ten (10) days of receipt of the notice. To date, the Commission has not received the required notice from you indicating your intent to terminate the lease with TIO Ltd. due to monetary default. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ R. Burnette March 22, 1994 Page 2 As a third party beneficiary to the subject ground lease, we strongly encourage both you and TIO Ltd. to ftilly comply with the terms of the lease. We believe this is in the best interest of all parties. If you do not wish to provide access via the 20' easement behind your cardroom, you will need to work with TIO Ltd. to develop an alternate solution and appropriately amend your ground lease. Your cooperation in this matter will be greatly appreciated. If you have any questions regarding this correspondence, please contact my office at 438-1161 X4200 or Debbie Fountain at 434- 2935. Sincerely, MARTI Community Development Director c: Housmg and Redevelopment Director Bob Burke, TIO Ltd. March 22, 1994 TO: COMMUNITY DEVELOPMENT DIRECTOR FROM: SENIOR MANAGEMENT ANALYST, DEBBIE FOUNTAIN GROUND LEASE BETWEEN TIO-TIL (VILLAGE FAIRE) AND RALPH BURNETTE FOR PARKING PURPOSES As requested, staff researched the issues related to Bob Burke's letter of March 11, 1994 regarding ingress and egress to the property he leases from Ralph Burnette for Village Faire parking purposes. In reviewing the ground lease between the two parties, staff confirmed that the property covered by the lease includes a 20' easement which runs behind Ralph and Eddie's, as well as Kay Christenson's property, as shown on the attached site map. The lease between the Bumettes and TIO-TIL supports Mr. Burke's claim regarding access. It appears that the Burnettes will be in default on the ground lease if they do not maintain the 20' easement for driveway purposes. Staff discussed this issue with Mr. Burnette when he was first told to discontinue his efforts to build the "garden patio." Mr. Burnette claimed that the easement was no longer necessary because altemate access is available to the property from Grand Avenue. Mr. Burnette was warned that the access issue could present a problem in approving his new patio. However, Mr. Burnette disputed, and continues to dispute, the validity of the ground lease because it was executed by his father only. He has threatened to sue the City several times if we disapprove his garden patio based on the terms of the lease. The issue is ftirther complicated by the fact that Mr. Burnette, through his attomey Richard Macgum, notified TIO-TIL on November 10, 1993 that they were in "monetary default" on the ground lease. Based on recent correspondence (see attached) from Mr. Macgum to TIO-TIL, it appears that Village Faire quit making rental payments on the leased property as of March, 1993. Due to the non-payment of rent, Ralph Burnette elected to terminate the lease based on the monetary default as of December 3, 1993. According to the ground lease, Mr. Bumette was required to notify the Housing and Redevelopment Agency/Commission of the default and intent to terminate the lease. Since he did not do so, it is my assumption that Mr. Bumette's termination of the lease is invalid at this time. Upon notification of the intent to terminate the lease, the Agency then has ten (10) days to respond to the notice. The Agency would have the right to assume TIO-TIL's rights, duties and obligations under the lease provided that concurrent with the assumption the Agency "cures all" monetary defaults. If the Agency assumes the lease, all of the rights, duties and obligations of TIO-TIL are assigned to the Agency. It is my understanding that to correct the monetary default Mr. Burnette would need to be paid $7,479. Since the Redevelopment Agency is a thu-d party beneficiary to the lease, it seems appropriate for the Agency to send both parties correspondence which outlines our position on the matter. Attached are two (2) letters for your signature. If you wish to handle this matter in a different manner or would like to make changes to the letters, please let me know. Housing and Redevelopment Director I » ; EXHIBIT A DESCRIPTION OF PREMISES Parcel A: The Southwesterly 60 feet of the Northwesterly 30 feet of the Southwest 300 feet, measured along the Southeasterly line of Block 10, Carlsbad Townsite, according to Map thereof No. 365 filed February 2, 1887. Parcel C: 1. That portion of Block 10 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California according to the Map thereof No. 365 filed in the office of the County Recorder of San Diego County February 2, 1887, and described as IOIlows: Beginning at the Southeasterly corner of Block 10; thence ??V M ! ^*?' ^^^^ ^ distance of 140 feet; thence North 35 14 West a distance of 60 feet to the true point of beginning; continuing North 35 14' West a distance of 80 feet; thence South 55 27; West a distance of 30 feet; M^^J?K%c''''^i?J^ ^^^^ ^ distance of 80 feet; thence North 55 27' East a distance of 30 feet to the true point of beginning. ^ 2. An easement for ingress, egress, pipelines and roadway purposes over, under, along, and across the Northwesterly 20 teet, as reserved in Deeds recorded August 12, 1955 in Book 5752 , Page 427 and August 25, 1952 in Book 4569, Page 262 of Official Records. see attached map Law Offices of ^cfiard^. Macgurn 1015 CHESTNUT AVENUE, SUITE E3 CARLSBAD. CA 92008 (619) 119-1 m December 03, 1993 FAX (619) 729-2860 Stephen M. L'Heureux 2111 Palomar Airport Road, Ste. 300 Carlsbad, CA 92009-1432 Re: T.I.O., Ltd. - Ralph Burnette Ground Lease dated April 21, 1988 Dear Mr. L'Heureux: Thank you for your letter of November 24, 1993. Please be advised that your client T.I.O. - T.I.L., a California limited partnership, tenant under that certain Ground Lease dated April 21, 1988, is in default of said lease pursuant to paragraph 15.1 subparagraph A. The tenant has failed to pay rent which became due on March 10, 1993, April 10, 1993, May 10, 1993, June 10, 1993, July 10, 1993, August 10, 1993, September 10, 1993, October 10, 1993 and November 10, 1993. I calculated a total of 9 months at $831.00 per month for a total of $7,479.00. Please consider this letter a demand for payment of that sum forthwith. Please be advised that the landlord elects under paragraph 15.2 of said lease to cancel and terminate the subject lease and to rent or take possession of the premises. Any effort by the tenant to occupy the premises could result in a breech of the peace. Please"be advised "th¥t 'if thiT sum due under the lease of $7,479.00 is not received in this office within 10 days of this letter that we will pursue any remedies available to us. My client also holds certain checks payable by T.I.O., Ltd. to Ralph Burnette, Sr. and Ralph Burnette, Jr. as follows: Date Qf Check'^- ^' ; , .6/20/90 7/16/90 8/20/90 9/24/90 ,10/22/90 ,- 11/26/90 12/17/90 ' ' 1/28/91 ' ; 2/27/91' Check No. Amount 3584 $831.00 3854 $831.00 4483 $831.00 5008 $831.00 5457 $83i:oo 5928 $831.00 6200 $831.00 .6788 , $831.00 7195 $831.00 Stephen M. L'Heureux December 3, 1993 Page Two 3/25/91 7559 $831.00 4/22/91 7961 $831.00 5/28/91 8416 $831.00 6/27/91 8850 $831.00 7/29/91 9261 _ $.831.00 8/26/91 " 9691 $831.00 9/23/91 10102 $831.00 10/28/91 10529 $831.00 11/25/91 10902 $831.00 12/23/91 339 $831.00 1/27/92 771 $831.00 2/24/92 1128 $831.00 3/23/92 327 $831.00 4/27/92 739 $831.00 "5/25/92 1115 $831.00 vs6/22/92 i , I ' 1489 $831.00 7/27/92 1 ; .•'/'•• . 1914 $831.00 8/24/92 I- i 2305 $831.00 9/28/92 2736 $831.00 10/26/92 • " • 1 3093 $831.00 11/23/92 3489 $831.00 12/28/92 4010 $831.00 1/24/93 4378 $831.00 2/22/93 4712 $831.00 TOTAL $27,423.00 Please consider this a letter offering to tender these checks in return for. the payment of $27,423.00, in either certified funds or another check payable to Ralph Burnette, Sr. and Ralph Burnette, Jr, These checks are all stale dated at this time and need to be replaced. If the sum of $27,423.00 is not received in this office within 10 days we will pursue all remedies available to us to collect the amounts owed to mv client. if you have any questions, please contact me. Very ttuly RBM;bda ^ cc: ^ Ralph Burnette, Jr. Richard B. Macgu (3) ' -it- ' ' Lazu offices ofS(icfiarc{CB. Macgurn 1015 CHESTNUT AVENUE. SUIIE E3 CARLSBAD. CA 92008 (619) 729-7162 FAX (619) 729-2860 November 10, 1993 T.I.O.-T.I.L, A California Limited Partnership Attn; DHW General Partner, Robert B. Burke Neimans/Village Faire P.O. Box 1575 Carlsbad, CA 92018. Re: Ground Lease dated April 21, 1988 Dear Mr. Burke: I represent Ralph Burnette, Jr. concerning that certain Ground Lease dated April 21, 1988 by and between Ralph F. Burnette and T.I.O.-T.I.L., a California Limited Partnership. I believe you are aware of the fact that this lease was entered into by Ralph F. tBurnette, Sr. without the authorization or consent of Ralph •"'^.'^[u ' .-^Burnette, Jr. I believe you are also aware of the fact that • ; • v-T.I.O.-T.I.L., a California Limited Partnership was made aware of the fact that Ralph Burnette, Jr, did not wish to lease this 'K;''' V property to the partnership. Nonetheless, the lease was entered J^^^i^ .'^^ into in 1988 and rent was paid pursuant to the lease. fv-'. I understand that you were notified that Ralph F. Burnette, Jr. believed the lease was invalid in April of 1990 and since April of 1990 none of the checks that have been sent to Ralph Burnette, Jr. and Ralph Burnette, Sr. have been negotiated. If your bank . records indicate differently, I would appreciate you advising me of same. T.I.O., Ltd. made their last rent payment on February 22, 1993 for March of 1993. Since March of 1993, T.I.O., Ltd has failed to make any rent payments pursuant to the subject Ground Lease. Therefore, not only is the Ground Lease invalid because not all of the owners entered into it but also T.I.O., Ltd. is now in breach of the Ground Lease. Please consider this letter a demand that T.I.O., Ltd. acknowledge in writing that the Ground Lease is invalid and void. In return Ralph Burnette, Jr. will agree not to negotiate any of the checks that have been tendered to the landlord since April of 1990. Further, Mr. Burnette, Jr. will hold T.I.O., Ltd. harmless RECEIVED DEC 2 2 {033 CITY OF Ci^.:^LS2.;D r "5 3.i ,»•,' ••.-; .1 '.'••l,>;'- Robert B. Berk November 10, 1993 Page Two from any claim Ralph Burnette qr m=„ to the Ground Lease T i o^^%t?".'^ "d. ^^^'^^^'^^''^Z;^:^^^^^ t^a; t\^ ^1^^ remedies available to us. letter, we will pursue all Please review this demand and respond accordingly . RBM:cec 1^cci Ralph Burnette, Jr. ••:4K iff. (VILLACE fAIRB POST OFFICE CARLSBAD, CALIFORNIA 92008 619-43 Box 1575 0262 3522 March 11, 1994 Marty Orenyak City of Carlsbad Community Development Director 2075 Las Palmas Carlsbad, CA 92008 Dear Marty, Please accept this letter as a formal complaint concerning the denial of access to the Grand Avenue Parking Lot from Washington Street by Mr. Ralph Burnette. In the past, I have verbally expressed the same complaint to the City of Carlsbad. Requests have been made by T.I.O. Ltd. to Mr. Burnette to permit unblocked access from Washington Street. Parked cars and barricades prohibit this entrance on Washington Street to be used as an ingress or egress. Enclosed is a copy of the certified letter mailed to Mr. Burnette on March 10, 1994. Your assistance to resolve this matter that has drug on for months will be appreciated. Sincerely, Ffobert B. Burke General Partner, T.I.O. Ltd., March 11, 1994 Ralph Burnette C/O Richard MacGurn 1015 Chestnut Suite E3 Carlsbad, CA 92008 RE: Parking CERTIFIED Dear Mr. Burnette, POST OFFICE BOX 1575 • CARLSBAD, CALIFORNIA • 92008-0262 • 619-434-3522 • This letter is a formal demand to allow access to the Grand Avenue Parking Lot from Washington Street, and further demand property be returned to previous condition, with all improvements reconstructed to prior status. As we have communicated to you several times in the past, T.I.O. Ltd., continues to be denied use of certain portions including ingress and egress from Washington Street. The entrance from Washington Street has been blocked for a considerable period of time by parked cars and barricades. Enclosed is a drawing of the Grand Avenue Parking Lot identifying the blocked entrance. Sincerely, cobert Barke General Partner, T.I.O. Ltd., cc: City of Carlsbad, Marty Orenyak GRAND AVENUE "PARKING LOT" I i EXISTINO BUILOINQ ! I L EXISTMO BUILDINO i I a. E ® K ExaTiNa BuiLoma J I I a EEL lU UJ cc w z o (3 Z X 05 < 5 GRAND AVENUE City of Carlsbad Planning Department March 11, 1994 Ralph F. Bumette Jr. 3315 McKinley Carlsbad, CA 92008 SUBJECT: RP 93-03/CDP 94-03 - RALPH & EDDIE'S GARDEN PATIO i Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Minor Redevelopment Permit and Coastal Development Permit, application nos. RP 93-03/CDP 94-03, as to its completeness for processing. The items requested from you earlier to make your Minor Redevelopment Permit and Coastal Development Permit, application nos. RP 93-03/CDP 94-03 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Terri Woods, at (619) 438-1161 extension 4447, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:TW:vd c: Gary Wayne Adrienne Landers Bobbie Hoder Bob Wojcik Debbie Fountain File Copy Data Entry Marjorie/Rich 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 PIONEER MANAGEMENT CO. GROSSM lr ^ 3mK BUILDING • 138 ESCONDIDO AVE., STE. 201 > VISTA, CA 92084 (619)726 FAX (619) 726-8899 3! I fpginning April 1, 1994, The NortJi County Transit Distirict will need you lease from us for parking, to begin the site development for tlhlll (|:^i^bad St:ation of the light rail system. ikfllip: the project is conpleted tJie "District" will lease parking spaces di they become available. You've been an excellent tenant and we jpontinue the relationship. ijd l^ou have any questions, please call me. y yours. 9, 1994 pll Bumette ladle's ii Ave. CA 92008 iger for NCID City of Carlsbad Planning Departnnent February 3, 1994 Ralph F. Burnette Jr. 3315 McKinley Carlsbad, CA 92008 SUBJECT: RP 93-03 - RALPH & EDDIE'S GARDEN PATIO Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Minor Redevelopment Permit, application no. RP 93-03, as to its completeness for processing. On October 12, 1993 and January 13, 1994 you were notified that your application was incomplete as submitted as the title report submitted was incomplete and a completed Public Facilities Agreement had not been submitted. To date, these items have still not been submitted. In addition, due to a misinterpretation of Coastal Development permitting procedures, we failed to notify you that a Coastal Development Permit application for your project is required. Your project is located within the Coastal Zone and a Coastal Development Permit must, therefore, be processed concurrent with the Minor Redevelopment Permit request. Consequently, in addition to the incomplete items listed above, you must submit a completed Coastal Development Permit application and submit required supporting materials and pay the required processing fee. Based on the incomplete title report, needed Public Facilities Agreement, and required Coastal Development Permit application, your application is still deemed incomplete. Listed below are the items still needed in order to deem your application as complete. This list of items must be submitted directiv to vour staff plarmer by appointment. All list items must be submitted simultaneously and a copv of this list must be included with vour submittals. 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 initiallv filed, September 14, 1993, to either resubmit the appUcation 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. 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 '0 RP 93-03 - RALPH & EDDIE'S GARDEN PATIO FEBRUARY 3, 1994 PAGE TWO We apologize for any inconvenience that the delayed notice of the required submittal of a Coastal Development Permit application may cause. Please contact your staff planner, Terri Woods, at (619) 438-1161, extension 4447, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director Attachment MJH:TW:vd c: Gary Wayne Adrienne Landers Bobbie Hoder Bob Wojcik Debbie Fountain Fife Copy ^ Data Entry Marjorie/Rich LIST OF ITEMS NEEDED TO COMPLETE APPLICATION: No. RP 93-03 - RALPH 8c EDDIE'S GARDEN PATIO PLANNING: 1. Submit a complete Title Report for all parcels included in the project, pursuant to application submittal requirements. 2. Submit a completed Public Facilities Agreement and pay the PubUc Facilities Fee in the amount of $50.00. 3. Submit a completed Coastal Development Permit application, required supporting documentation, and pay the processing fee in the amount of $400.00. (5 City of Carlsbad Planning Department January 13, 1994 Ralph F. Bumette Jr. 3315 McKinley Carlsbad, CA 92008 SUBJECT: RP 93-03 - RALPH & EDDIE'S GARDEN PATIO Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviev^ed your Redevelopment Pennit, appHcation no. RP 93-03, as to its completeness for processing. We are in receipt of the Title Report you submitted in response to our letter dated October 12, 1993. As discussed earUer, the Title Report for this project should include all parcels of the project. It appears that the Report submitted only covers one parcel (APN# 203-173-04). As submitted, the parcels of proposed off-site parking are not included, and thus, the Title Report submitted is not complete. In addition, after further review of your application we noted that a completed Public Facilities Agreement had not been submitted, nor the Public Facilities Fee paid at the time of appHcation submittal. Based on the incomplete Title Report and the needed Public Facilities Agreement, Your application is still deemed incomplete. Listed below are the items stiU needed in order to deem your application as complete. This hst of items must be submitted directly to your staff planner by appointment. All Ust items must be submitted simultaneouslv and a copy of this list must be included vyith yovu: submittals. 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 wiU be initiated. In addition, please note that you have six months from the date the application was initiallv filed, September 14, 1993, 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 shaU be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Terri Woods, at (619) 438-1161, extension 4447, if you have any questions or wish to set up a meeting to discuss the application. 7 IVflCHAEL J. HOLZMILLER : Planning Director c: Gary Wayne Adrienne Landers Bobbie Hoder Bob Wojcik Debbie Fountain File Copy f Data Entry Marjorie/Rich 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 UST OF ITEMS NEEDED TO COMPLETE APPLICATION: No. RP 93-03 - Ralph & Eddie's Garden Patio PLANNING: 1. Submit a complete Title Report for aU parcels included in the project, pursuant to appHcation submittal requirements. 2. Submit a completed Public Facilities Agreement (attached) and pay the Public Facilities Fee in the amount of $50.00. Law offices offHicftarc(CB. Macgurn 1015 CHESTNUT AVENUE, SUITE E3 CARLSBAD, CA 92008 (619) 129-1162 December 03, 1993 FAX (619) 729-2860 Stephen M. L'Heureux 2111 Palomar Airport Road, Ste. 3 00 Carlsbad, CA 92009-1432 Re; T.I.O., Ltd. - Ralph Burnette Ground Lease dated April 21, 1988 Dear Mr. L'Heureux: Thank you for your letter of November 24, 1993. Please be advised that your client T.I.O. - T.I.L., a California limited partnership, tenant under that certain Ground Lease dated April 21, 1988, is in default of said lease pursuant to paragraph 15.1 subparagraph A. The tenant has failed to pay rent which became due on March 10, 1993, April 10, 1993, May 10, 1993, June 10, 1993, July 10, 1993, August 10, 1993, September 10, 1993, October 10, 1993 and November 10, 1993. I calculated a total of 9 months at $831.00 per month for a total of $7,479.00. Please consider this letter a demand for payment of that sum forthwith. Please be advised that the landlord elects under paragraph 15.2 of said lease to cancel and terminate the subject lease and to rent or take possession of the premises. Any effort by the tenant to occupy the premises could result in a breech of the peace. Please" be advised that if the sum due under the lease of $7,479.00 is not received in this office within 10 days of this letter that we will pursue any remedies available to us. My client also holds certain checks payable by T.I.O., Ltd. to Ralph Burnette, Sr. and Ralph Burnette, Jr. as follows: ^ ^bate of Check ,..,^20/90 7/16/90 8/20/90 9/24/90 10/22/90 ^11/26/90 12/17/90 ^^V 1/28/91 2/27/91 tvUj. .. ., , ^ Check No. Amount 3584 $831.00 3854 $831.00 4483 $831.00 5008 $831.00 5457 $83i:oo 5928 $831.00 6200 $831.00 . 6788 . , $831.00 7195 $831.00 Stephen M. L'Heureux December 3, 1993 Page Two 3/25/91 4/22/91 5/28/91 6/27/91 7/29/91 8/26791"" 9/23/91 10/28/91 11/25/91 12/23/91 1/27/92 '2/24/92 ;2 3/23/92 /^.^ 4/27/92 \!f'5/25/92 . , \C\6/2*2/92 1 i\ 1/21/32 a 8/24/92 9/28/92 10/26/92 . 11/23/92 12/28/92 1/24/93 ^-2/22/93 TOTAL 7559 7961 8416 8850 9261 ' 9691 10102 10529 10902 339 771 1128 327 739 1115 1489 1914 2305 2736 3093 3489 4010 4378 4712 $831.00 $831.00 $831.00 $831.00 $831 ,.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831.00 $831,00 $27,423.00 Please consider this a letter offering to tender these checks in return: for: the payment of $27,423.00, in either certified funds or another check payable to Ralph Burnette, Sr and Ralph Burnette, Jr. These checks are all stale dated at this time and need to be replaced. If the sum of $27,423.00 is not received in this office within lo days we will pursue all remedies available to us to collect the amounts owed to mv client, I/. if you have any questions, please contact me. RBM:bda cc: Ralph Burnette, Jr. Richard B. Macgu 9 J ' Law Offices of HiicHarcC^. Macgurn .]( 1015 CHESTNUT AVENUE. SUITE E3 ]i CARLSBAD, CA 92008 :j (619) 729-7162 ] FAX (619) 729-2860 I November 10, 1993 ;| . , T. I .O.-T. I .L, A California Limited Partnership j( , Attn; DHW General Partner, Robert B. Burke Neimans/Village Faire P.O. Box 1575 Carlsbad, CA 92018. Re: Ground Lease dated April 21, 1988 Dear Mr. Burke: I represent Ralph Burnette, Jr. concerning that certain Ground Lease dated April 21, 1988 by and between Ralph F. Burnette and T.I.O.-T.I.L., a California Limited Partnership. I believe you are aware of the fact that this lease was entered into by Ralph F. Burnette, Sr. without the authorization or consent of Ralph Burnette, Jr, I believe you are also aware of the fact that '^:T.I.O.-T.I.L., a California Limited Partnership was made aware of the fact that Ralph Burnette, Jr. did not wish to lease this fe,property to the partnership. Nonetheless, the lease was entered rtinto in 1988 and rent was paid pursuant to the lease. I understand that you were notified that Ralph F. Burnette, Jr. believed the lease was invalid in April of 1990 and since April -I of 1990 none of the checks that have been sent to Ralph Burnette, •1: Jr. and Ralph Burnette, Sr. have been nego1:iated. If your bank If records indicate differently, I would appreciate you advising me of ;%same. T.I.O., Ltd. made their last rent payment on February 22, ' •M993 for March of 1993. Since March of 1993, T.I.O., Ltd has \^\ I Eailed to make any rent payments pursuant to the subject Ground 'I Lease. Therefore, not only is the Ground Lease invalid because not 'fv|(j^^' ' owners entered into it but also T.I.O., Ltd. is now in ^nht\ breach of the Ground Lease. J'Kf Please consider this letter a demand that T.I.O., Ltd. (M)^ i acknowledge in writing that the Ground Lease is invalid and void. TV^V . In return Ralph Burnette, Jr. will agree not to negotiate any of ^_ h'^ ^ the checks that have been tendered to the landlord since April of t < 1990. Further, Mr. Burnette, Jr. will hold T.I.O., Ltd. harmless r.vff( ^' ' RECEiVED ^ ' ^ DEC22 1333 ,Robert B. 'Berk November 10, 1993 Page Two Ltd RBM:cec cc; Ralph Burnette, Jr. »^ 'if ^ Law Offices of^Rjcliard'B. Macgurn 1015 CHESTNUT AVENUE. SUITE E3 CARLSBAD. CA 92008 (619) 729-7162 FAX (619) 729-2860 November 10, 1993 T.I.O.-T.I.L, A California Limited Partnership Attn: DHW General Partner, Robert B. Burke Neimans/Village Faire P.O. Box 1575 Carlsbad, CA 92018. Re: Ground Lease dated April 21, 1988 Dear Mr. Burke: I represent Ralph Burnette, Jr. concerning that certain Ground Lease dated April 21, 1988 by and between Ralph F. Burnette and T.I.O.-T.I.L., a California Limited Partnership. I believe you are aware of the fact that this lease was entered into by Ralph F. Burnette, Sr. without the authorization or consent of Ralph Burnette, Jr. I believe you are also aware of the fact that T.I.O.-T.I.L., a California Limited Partnership was made aware of the fact that Ralph Burnette, Jr, did not wish to lease this property to the partnership. Nonetheless, the lease was entered into in 1988 and rent was paid pursuant to the lease. I understand that you were notified that Ralph F. Burnette, Jr. believed the lease was invalid in April of 1990 and since April of 1990 none of the checks that have been sent to Ralph Burnette, Jr. and Ralph Burnette, Sr. have been negotiated. If your bank records indicate differently, I would appreciate you advising me of same. T.I.O., Ltd. made their last rent payment on February 22, 1993 for March of 1993 . Since March of 1993, T.I.O., Ltd has failed to make any rent payments pursuant to the subject Ground Lease. Therefore, not only is the Ground Lease invalid because not ail of the owners entered into it but also T.I.O., Ltd. is now in breach of the Ground Lease. Please consider this letter a demand that T.I.O., Ltd. acknowledge in writing that the Ground Lease is invalid and void. In return Ralph Burnette, Jr. will agree not to negotiate any of the checks that have been tendered to the landlord since April of 1990. Further, Mr. Burnette, Jr. will hold T.I.O., Ltd. harmless i • 'r ^ ^ Robert B. Berk November 10, 1993 Page Two mm:' •'II <.,-:"«•' I 'If from any claim Ralph Burnette, Sr. may make against T.I.O., Ltd. pursuant to the Ground Lease. If T.I.O., Ltd. is unwilling to enter into a written agreement acknowledging that the Ground Lease is void within ten (10) days of this letter, we will pursue all remedies available to us. Please review this demand and respond accordingly. 'er! RBM;cec cc: Ralph Burnette, Jr. ^"''M-, - •• Infest' PIONEER MANAGEMENT CO. GROSSMONT BANK BUILDING • 138 ESCONDIDO AVE., STE. 201 • VISTA, CA 92084 (619) 726-8832 • FAX (619) 726-8899 ^fovember 2, 1993 Ralph Bumette Ralph & Eddies 370 Grand Ave* Carlsbad, CA 92008 Dear Ralph, I've reviewed your request to lease parking area(s) .for your business.. At this point in tiine the exact locations of available space to be leased for parking cannot be determined vMle the project is still in development. The North County Transit District will lease parking spaces to you as they become available after the conpletion of the station for the'light rail system. You have been a es^ellent toiant mid we will do everything possible to lease parking spaces for your business as long as there is space available. If you have any questions, please call me. Cordially, Tem Oonke City of Carlsbad Planning Department October 12, 1993 Ralph F. Bumette Jr. 3315 McKinley Carlsbad, CA 92008 SUBJECT: RP 93-03 - RALPH & EDDIE'S GARDEN PATIO Thank you for applying for Land Use Permits in the City of Carlsbad. The Plaiming Department has reviewed your Redevelopment Permit, application no. RP 93-03, as to its completeness for processing.The application is incomplete, as submitted. Attached is the list of information which must be submitted to complete your application. This list of items must be submitted direcdy to vour staff planner by apoointmcnt. AU list iteins must be submitted simultaneouslv and a copv of this list must be inchided with vour submittab. No processing of your application can occur imtil the application is determined to be complete. When all required materials are submitted the City has 30 da3^ 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, September 14,1993, to either resubmit the application or submit the required information. Failmre to resubmit the application or to submit the materials necessary to determine yom: application complete shall be deemed to constitute withdrawal of the application. If an appUcation is withdrawn or deemed withdrawn, a new appUcation must be submitted. Although your appUcation is incomplete as submitted, staff has reviewed the appUcation for adding an enclosed patio, including fencing at 390 Grand Avenue. Staff caimot support this request and recommends that the appUcant withdrawal their appUcation for the foUowing reasons: • The Conditional Use Permit (CUP-214) for Ralph and Eddie's was originaUy approved with 46 parking spaces as foUows: SPACES ON-SITE 6 SPACES IN WASHINGTON STREET R.O.W. 11 SPACES IN RAILROAD R.O.W. 18 SPACES OFF-SITE ON PROPERTY OWNED TO THE WEST 11 TOTAL SPACES APPROVED 46 Since approval of CUP-214, the 11 spaces located off-site to the west have been leased to T.I.O -T.I.L., a Califomia limited partnership. The 11 spaces located in the Washington Street right-of-way and 18 spaces in the railroad right-of-way v\dU be eliminated with the constmction ofthe NCTD rail station. One of the spaces located on-site has been eliminated 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 (I) RP 93-03 - RALPH & EDDlMRARDEN PATIO OCTOBER 12, 1993 PAGE TWO to provide for rear entry access into the building. The result is five parking spaces remaining for the existing 4,950 square foot bidlding. Five spaces is far below the required parking of 59 spaces, for the existing use. Staff cannot support eliminating the five spaces remaining for the constmction of an approximately 2,475 square foot patio expansion, making the existing parking problem worse. • The subject property is located within the coastal zone. Pursuant to the City's Local Coastal Program, "within the coastal zone iimovatiye means of fulfilling off-street parking requirements may be pennitted; however, such innovative arrangements must be approved by the Coastal Commission or its executive director as an amendment to the Local Coastal Program." Therefore, the City caimot approve reduced parking standards within the coastal zone without prior Coastal Commission approval. • The Cit/s Redevelopment Plan is currendy being revised. One item cxurendy being considered as part of the redevelopment plan update is the creation of paridng districts. If such districts are formed sometime in the future, needed parking for your proposed expansion may be provided. It would be appropriate to re-submit your appUcation for the proposed patio, if such parking districts are formed. If you choose not to wdthdrawal your appUcation at this time, upon detennining your appUcation complete, staff wiU proceed forward widi a recommendation of denial for the proposed projecL Please contact your staff planner, Terri Woods, at (619) 438-1161 extension 4447, if you have any questions or vnsh to set up a meeting to discuss the appUcation. tICHAEL J. HOLZMILLER Planiung Director MJH:TW:vd c: Gary Wayne Adrienne Landers Bobbie Hoder Bob Wojcik File Copy Data Endy Marjorie/Steve 0 LIST OF ITEMS NEEDED TO COMPLETE APPUCATION: No. RP 93-03 RALPH & EDDIE'S GARDEN PATIO PLANNING: 1. Submit a complete Tide Report pursuant to appUcation submittal requirements. October 5, 1993 TO: PLANNING DEPARTMENT, TERRY WOODS FROM: HOUSING AND REDEVELOPMENT DEPARTMENT RALPH AND EDDIE'S GARDEN PATIO - RP 93-03 The Housing and Redevelopment Department is generally supportive of the Garden Patio and believes it will be an attractive addition to the Ralph and Eddie's building. However, the issue of parking causes some concem. Based on review of the plans for the new Transit Station, the 21 spaces on the railroad right-of-way wUl be eliminated for constmction of the bus transfer station. Therefore, Ralph and Eddie's will no longer have these spaces dedicated to their use. I would assume, however, that their patrons will use the Transit Station Parking Lot upon its completion. Based on past experience, unless the parking issue can be address satisfactorily, we will need to recommend denial of the permit. Since Ralph and Eddie's does not provide adequate parking for their existing use based on the current code, the expansion will only make the problem worse. Until the new Master Plan for the Village Redevelopment Area is complete, we do not have an appropriate method for waiving parking requirements or allowing altematives (i.e, paying into a parking district). We should ask Ralph Bumette, Jr. to propose a parking solution rather than a complete waiver of parking requirements. If you have any conmients or questions regarding this matter, please call me at extension 2935. DEBBIE FOUNTAIN