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HomeMy WebLinkAboutRP 97-01; STARBUCKS COFFEE; Redevelopment Permits (RP) (2)Citv of Carlsbad Housing & Redevelopment Department NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. Application #: SRP 97-02 Filing Date: December 9, 1997 Case Name: Sidewalk Cafe Applicant: Starbucks Coffee Co. Decision Date: January 28. 1998 Agent (if different): SAME Address: 2924 CARLSBAD BLVD - SITE Phone: (714) 424-1900 Address: 17700 Newhope Street Suite 200, Fountain Valley, Ca. 92708 - Mail Phone: Same ACTION: • APPROVED \^ APPROVED WITH CONDITIONS []] DENIED (Copy of fmal resolution is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: NOT APPEALABLE TO THE COASTAL COMMISSION. • APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 3111 Camino Del Rio North, Suite 200, San Diego, California 92108-1725, Telephone (619) 521-8036. The time within which judicial review ofthis decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City ofCarlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record ofthe proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad California 92008. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ADMINIST CARLSBAD REDEVELOPMENT AGEN( VE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 1. BUSINESS DESCRIPTION „ . , - Starbucks Coffee Co, Business Name: Starbucks Coffee Co. Business Owner Name(s): . , , . , Speciality Retail - Coffee & Pastry Type of Business (i.e., restaurant, bar, retail): 2. LOCATION OF PROJECT Address: 292A Carlsbad Blvd, Bordering Streets: North: Grand Avenue South:. East: Elm Avenue Washington Street West: Carlsbad Blvd. Assessor Parcel No.: Within Coastal Zone: Yes • No Within Appealable Area of Coastal Zone: • Yes • No Land Use District within Village: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 3. DESCRiPTION OF PROJECT Please attach to this application a complete description of the project proposed for approval under this application. This description must include the number of tables and chairs located inside the establishment and the total number of tables and chairs to be located outside the establishment. A site plan, with accurate dimensions, must be included with this application which indicates the location ofthe proposed sidewalk tables and chairs. Elevations or photographs of the furniture to be used must also be provided with this application. 4. AUTHORIZATION TO INSPECT PROPERTY In the process of reviewing this application it may be necessary for members of City Staff, Design Review Board Members, or City Council members to inspect and enter the property/business that is the subject of this application. 1/we consent^o entry onto/into the subject property/business for this purpose. Nam Signaturi obi .^/i^/n^Aj Date: IRLSBAD REDEVELOPMENT AGENCY ^ ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 5. BUSINESS OWNER INFORMATION/CERTIFICATION Starbucks Coffee Co. Name: 17700 Newhope Street, Suite 200 Mailing Address: Fountain Vallev. CA 92708 Daytime Telephone No.: ^^^^^ 424-1900 List the Names and Addresses of all persons having a financial interest in the application: Starbucks Coffee Co. 24UlUtah Avenue bouth. Mail Stop SU-1 Seattle, WA 98134 If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership: If any person identified above is a non-profit 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 trust: Have you had more than $250 worth of business transacted with any member of City Staff, Boards, Commissions, Committees, and/or Council within the past twelve (12) months? tt Yes ^ No Ifyes, please indicate person(s): 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 the Carlsbad Redevelopment Agency or its officers or employees from all claims, damage or liability to persons or property arising from or caused by the installation of the subject tables and chairs and/or enclosure 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 or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of $1 million which lists the City of Carlsbad and the Carlsbad Redevelopment Agency as "additional insured". This Certificate shall remain in effect for as long as the tables and chairs are placed within the public right-of-way. This agreement is a condition of the issuance of this administrative redevelopment permit for the subject sidewalk tables, chairs and/or enclosure on the public right-of-way. I understand that an approved sidewalk tabtes^d chairs permit atrsrti remain in effect for as long as sidewalk tables and chairs are permitted within the Village Red/velopmejiit Area and (he permittee remains in compliance with the subject approved permit. Signature/ \(y4iynT44 y{7l7l7l7l7^ Date: /P-- ^^^7 A. IVE Pl [LSBAD REDEVELOPMENT AGEN( ADMINISTRATIVEPERMIT APPLICATION & DISCLOSURE STATEMENT 7. RECEIPT OF APPLICATION Date Application Received: 12/9/97 Application Received bv: Debbie Fountain, Redevelopment Permit No. Assigned: S-RP 97-02 8. FEES FOR APPLICATION PROCESSING The following fees shall apply to this application; list type of fee and amount: $150.00 - Administrative Redevelopment Permit/Sidewalk Tables and Chairs Total Fee(s) required for this application: $150.00 Date Fee(s) collected by City Staff: 12/9/97 Receipt No.: 9. ACTION ON THE APPLICATION The following action has been taken by the Housing and Redevelopment Director on this application: Bf^ Approved subject to conformance with plans submitted as part of application, dated ij^Adl^S. [3^ Approved, with conditions. See conditions noted below. • Denied. Reason Housin^gjarid Redevelopment Director Signature: CD Director Initials: Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of 3 The following findincts have been made in order to approve the subject permit: 1. The applicant has complied with all of the criteria established relative to Sidewalk Cafes, which includes location and development criteria. 2. This permit shall serve as the required administrative redevelopment permit and coastal development permit for the subject project. IVE PI [LSBAD REDEVELOPMENT AGEN( ADMINISTRATIVE^ PERMIT APPLICATION & DISCLOSURE STATEMENT Findings continued (S-RP 97-02): Page 2 of 3 3. The proposed use is not likely to result in health or safety problems nor is it likely to adversely impact adjacent uses. 4. The project is exempt from environmental review per CEQA, Section 15305, Class 5, minor alterations in land use limitations which do not result in any changes in land use or density (i.e, minor encroachment permit) and Section 15301(e), Class 1, expansion to existing facility which does not exceed 50% of floor area or 2400 square feet, whichever is less. The following conditions have been approved for the subject project: 1. This approved permit serves as the required redevelopment permit and coastal development permit for the subject project (sidewalk cafe and related enclosure). 2. The project shall be completed according to, and be consistent with, the plans approved by the Housing and Redeveiopment Director on the date noted above. The approved plans have been stamped by the Housing and Redevelopment Director and indicate the approval date of 1/28/98. 3. The project must comply with the latest State Disabled access regulations for existing buildings. 4. The applicant must continue to indemnify and hold the City of Carlsbad and the Carlsbad Redevelopment Agency harmless from any legal action resulting from sidewalk cafe operations. 5. The applicant must continue to provide the City of Carlsbad and the Carlsbad Redevelopment Agency with a current Certificate of Insurance in the amount of $1 million, which lists both agencies as "additional insureds". The Certificate must remain in effect for as long as the tables and chairs are placed within the public right-of-way (on the sidewalk). 6. Under no circumstances will the number of tables and chairs outside, within the sidewalk cafe, be allowed to exceed the number of seats located inside the subject coffee house noted within this application. This permit allows the appiicant to provide a total of 19 seats inside the subject restaurant and a maximum of 16 seats outside the subject coffee house, within the identified sidewalk area. The applicant may place no tables or chairs outside of the sidewalk cafe area indicated on the approved plans. All outside tables and chairs for the subject coffee house must be located within the enclosed area. 8. A clear area of at least five feet in width must be maintained to the building entries at all times. 9. Acceptable furniture has been approved as part of this appiication. This furniture shail not change without prior written approval from the Housing and Redevelopment Director. 10. The sidewalk cafe area shall be maintained in a clean and sanitary manner. The area shall be kept free of all litter. (ILSBAD REDEVELOPMENT AGEN^ PERMIT APPLICATION & DISCLOSURE STATEMENT Conditions Continued (S-RP 97-02) Page 3 of 3 11. This administrative redevelopment/coastal development permit shall remain in effect for as long as sidewalk tables are permitted within the Village Redevelopment Area of the City of Carlsbad and the applicant remains in compliance with the subject approved permit. No new permit shall be required unless the use for which this permit is granted has ceased to exist or has been suspended for a period of 6 months or longer; in this case, a new permit with appropriate fee would be required. The approved permit which remains in effect may be amended without additional fees as approved by the Housing and Redevelopment Director. 12. In accordance with Chapters 21.35 and 21.58 of the Carlsbad Municipal Code, the sidewalk cafe permit may be revoked by the Housing and Redevelopment Director following due process procedures, if 1) the conditions ofthe approved permit are not being met; 2) conditions at or around the sidewalk cafe change; and/or 3) if operation of the sidewalk cafe interferes with adequate or safe public use of the sidewalk.