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Home My WebLink AboutRP 98-05; Garcias Mexican Restaurant; Redevelopment Permits (RP)JUN- 1-98 27 HOUSING RED. FAX NO, 7607202037 •_ CARLSBAD REOEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 1. BUSINESS DESCRIPTION Business Name: Business Owner Name(s):^ Type of Business (i.e., restaurant, bar, retail): n^^^^'^^u^XTlT P, 5 2 LOCATION OF PROJECT Address: Bordering Streets: /» , . A . North: urM. /Wc South: East: West; Assessor Parcel No. Within Coastal Zone: Within Appealable Area of Coastal Zone: Land Use District within Village: • Yes Yes • ^ 1 • 4 • 7 D Q • No No • 3 • 6 a 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 tolal number of tables and chairs to be located outside the establishment, A site plan, with accurate dimensions, musl be included with this application which indicates the location of the 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 fbr members of City Staff, Design Review Board Members, or City Council members to inspect and enler the property/business that is the subject ofthis application. 1/we consent to entry onto/into the subject property/business for this purpose, K<^^AN^0 Date: <>- Signature:. —II JUN- 1-98 MON 11:27 AM HOUSING I. RED. FAXNO. 7607202037 P.6 CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 5. BUSINESS OWNER INFORMATION/CERTIFICATION Name: ^ C (^N-K Mailing Address; 3<'i(,^ a-c?k- ^. C^-^l^uL ^>w<r Daytime Telephone No.:_ Tax l,D #: , Date Business License Approved: List the Names and Addresses of all persons having a financial interest in the application: 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 ofany 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? • Yes • No 1 Ifyes, pfease indicate person(s): Certification Statement I Certify that I am the Legal Business Owner ofthe subject business and that all ofthe 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 ofthe 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 Iiabifity was caused by the sole active negligence of the Gity or Its officers or employees. I have submitted a Certificate of Insurance to the Ctty 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 ofthe issuance ofthis administrative redevelopment permit for the subject sidewalk tables, chairs and/or enclosure on the public right-of-way, I understand that an approved sidewalk lables and chairs permit shall remain in effect for as long as sidewalk tables and chairs are permitted within the Viiiage Redevelopment Area and the permittee remains in compliance with the subject approved permit. Signature_ K<M/)/V3 Date: (^-hl/ JUN- 1-98 MON 11:28 AM HOUSING k RED. FAX NO. 7607202037 P. 7 CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS PROPERTY OWNER INFORMATION/CERTIFICATION The property owner must complete the following information and certify that he/she supports this application for the business owner to place tables and chairs in front ofthe subject business as set forth herein. Name: J3t^K»v Cl^tc{c^ Mailing Address: Daytime Telephone No. List the Names and Addresses of all persons having a financial interest in the property: If any person identified above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% ofthe 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? • Yes • No Ifyes, please indicate person(s):_ Certification Statement I Certify that 1 am the Legal Property 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 tables and chairs on the public sidewalk and agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I understand that an approved sidewalk tables and chairs permit shall remain in effect for as long as sidewalk tables and chairs are permitted within the Village Redevelopment Area and the permittee remains In compliance with the subject approved permit. RP 98-05- Garcia's Mexican Resl^^nt - Sidewalk Cafe Permit The remainder of this application shall be compieted by City Staff: 7. RECEIPT OF APPLICATION Date Application Received: 6/1/98 Application Received bv: Van Lvnch, Planninq Department Permit No. Assigned: RP 98-05 8. FEES FOR APPUCATION PROCESSING The following fees shall apply to this application; list type of fee and amount: $260.00 - Administrative Redevelopment Permit/Sidewalk Tables and Chairs Total Fee(s) required forthis application: $260.00 Date Fee(s) collected by City Staff: 6/1/98 Receipt No.: 53369 9. ACTION ON THE APPLICATION The following action has been taken by the Housing and Redevelopment Director on this application: ^ Approved subject to conformance with plans submitted as part of application, dated \Ol^lo\ Approved, with conditions. See conditions noted below. • Denied. Reason Houistng^d Redevelopment Director Signature: CD Director Initials: Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of 2 The following findinas 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. The proposed use is not likely to result in health or safety problems nor is it likely to adversely impact adjacent uses. 3. 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. Page 2 of 2 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). 2. The project shall be completed according to, and be consistent with, the plans approved by the Housing and Redevelopment Director on the date noted above. The approved plans have been stamped by the Housing and Redevelopment Director and indicate the approval date of \c>/\ l(^V 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 tables and chairs located inside the subject restaurant noted within this application. This permit allows the applicant to provide a maximum of 3 tables and 8 seats outside the subject restaurant, within the identified sidewalk area, as shown on the approved site plan. 7. A clear area of at least five feet in width must be maintained to the building entries at all times. 8. Acceptable furniture has been approved as part of this application. This furniture shall not change without prior written approval from the Housing and Redevelopment Director. 9. The sidewalk cafe area shall be maintained in a clean and sanitary manner. The area shall be kept free of all litter. 10. This administrative redevelopment 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. 11. 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 of the 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. 1* V I t / / Z S 51 o 0*