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HomeMy WebLinkAboutRP 98-07; Mariah's Westwind Restaurant; Redevelopment Permits (RP) (2)MEMORANDUM June 22, 1998 TO: REDEVELOPMENT DIRECTOR FROM: ASSISTANT PLANNER RE: RP 98-07 - MARIAH'S WESTWIND Debbie: I offer the following comments: 1. Per the Redevelopment Master Plan and Design Manual (Manual), have the applicant show on the plans: a. The five foot clear aisle width for the length of the sidewalk in front of thebuilding. The plans currently show 3.6 feet. The only way this site will accommodate sidewalk table and chairs is to place them in line with the Street tree and street lamp. See item c below. b. The five foot clear area to the building entries. c. The Manual encourages the placement of tables and chairs in line with tree wells. Consider the placement of tables with the existing tree wells. d. The color ofthe building to ensure uniform colors are being used. e. The location of trash receptacles provided. They should not rely on the City's facilities. 2. I do not recall ifthe application had the Certification Statement. Please verify that it was submitted. 3. It appears that the Manual does not require any additional parking for the sidewalk tables and chairs. 4. Applicant should be conditioned to adhere to the Location and Development Criteria as stated in the Manual. 5. The proposal is Exempt from CEQA review and a notice of exemption will be filed upon approval. (Let me know when it is approved.) If you have any questions regarding the above, please call me at extension 4447. .J^ VAN LYNCH ^^f^ V/J\ VL \ ^•^, JTl.. Citv of Housing & Redevelopment Department June 22, 1998 THERESE M. MAYER-BOATWRIGHT MARIAH'S WESTWIND 377 CARLSBAD VILLAGE DRIVE CARLSBAD, CA. 92008 RE: OUTDOOR TABLES AND CHAIRS, RP 98-07 Dear Ms. Mayer-Boatwright: Thank you for submitting your application for an administrative redevelopment permit to allow outdoor tables and chairs within the public right-of-way as related to your eating establishment located at 377 Carlsbad Village Drive. The permit application and related plans you submitted on June 12, 1998 have been reviewed by the Departments of Planning, Engineering and Redevelopment. The application has been deemed complete for further processing. However, additional information is required before your application may be approved. Since the site plan you submitted is the official document approved which regulates the location, design, etc. of the tables and chairs, the following additional information must be submitted either on your site plan or as a formal supplement to it: • Your name, as the applicant, and mailing address needs to be provided directly on the site , V plan. Also, the address of the business establishment (Mariah's Westwind) needs to be ^ provided directly on the site plan. • Additional Information is needed on the design of the tables and chairs, including their color. , You need to show on the plans the design of the tables and chairs. If you wish to do so, you '\\^ may provide photographs of the tables and chairs to be used as exhibits to your plans. If used, ^ the photographs must clearly show the design and colors of the tables and chairs. , _^,,f Please provide a photograph of the front of your business establishment with the tables and . , '' chairs placed in the location identified within the submitted site plan. • Please provide a summary table which provides information on the total number of tables and chairs located both inside and outside the building. The permit will limit your operations to the number of tables and chairs indicated within the summary chart. Any changes to this information will require an amendment to the permit. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 •* -<«|*o»'Mariah's Westwind Letter .lune 22, 1998 page 2 4 • As indicated within the application instructions, the Redevelopment Agency would like for the site plan to be presented on 24" X 36" sheet(s) with the detail on location and dimensions of tables and chairs provided to scale. This was noted as a requirement to ensure that all of the requested information can be provided on one sheet of paper and that the information could be easily verified and subsequently enforced at a later date. The plan does not need to be prepared by an architect. However, it should provide the level of detail noted within the application instructions. Attached is a copy of the instructions from the application. Attached is a copy of your site plan with comments for additional information noted in red by redevelopment agency staff. This is provided to assist you in understanding the comments noted above. It is also important to note at this time that you currently are in violation of your sign permit for the A-Frame sign located within the public right-of-way in front of your business. As a condition of approval of the A-Frame sign, you were required to remove the roof sign on your building. A recent site visit finds that your roof sign has been retumed to the top of the building. Because you are currently in violation of your approved sign permit, your A-Frame sign can be removed at any time by Code Enforcement. Also, you will not be able to receive approval of your sidewalk cafe permit until you are in compliance with your approved sign permit. If you do not wish to remove the roof sign, then you must permanently remove the A-Frame sign from the right-of-way. Thank you for your cooperation in submitting the required application for a permit to maintain placement of your tables and chairs within the public right-of-way. We hope we can receive your cooperation as well as related to your approved A-Frame sign permit. The Carlsbad Redevelopment Agency will continue processing your sidewalk cafe permit application as soon as we receive the additional information requested above and you have either 1) removed the roof sign, or 2) removed the A-Frame sign from the public right-of-way on a permanent basis. Please submit the required information directly to the Housing and Redevelopment Department as soon as possible, but not later than 30 days from the date of this letter. If you have any questions regarding this correspondence, please contact my office at (760) 434-2935. ^Sificerely DEBBIE FOUNTAIN Housing and Redevelopment Director * ^ ' ^PcARLSBAD REDEVELOPMENT AGENCI ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 1. BUSINESS DESCRIPTION Business Name: M P(^i We^fU)) Business Owner Name(s): IheTC^d M- H<^t/ Type of Business (i.e., restaurant, bar, retail): \7UMro.yyC^ 2. LOCATION OF PROJECT Address: ^HH C^f^Bft^ VlLU^G^ Dt Bordering Streets: foPOS^Ci North: 1 South: East: West: Assessor Parcel No.: Within Coastal Zone: Yes • No Within Appealable Area of Coastal Zone: iP^ 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 ofthe 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 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 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 to entry onto/into the subject property/business for this purpose. Uame^T^m K • Date: ^/^/?/ Signatu!^ [UAWAl^ ^L'^^ ^pCARLSBAD REDEVELOPMENT AGEN A ADMINISTRATIVE PERMIT APPLICATION & DISCLOSIJRE STATEMENT SIDEWALK TABLES AND CHAIRS 5. BUSINESS OWNER INFORMATION/CERTIFICATION Name: '^^^^ nC M- \^ OMCV - ^<>%4tA3mhf- Mailinq Address: 571 TATIS Dr ^Oo^kU^ ^^OOS Daytime Telephone No.:_ 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% 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 m^o If yes, 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 ofthis application. I agree to indemnify, hold harmless, and defend the City ofCarlsbad and the Carlsbad Redevelopment Agency or its officers or employees from ail 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 ofthe City or its officers or employees. 1 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 sutjject sidewalk tables, chairs and/or enclosure on the public right-of-way. 1 understand that an approved sidewank tables and chairs permit shall remain in effect for as long as sidewalk tables and chairs are permitted within the Villag4 Redeyel6pment Area ar\d the permittee remains in compliance with the subject approved permit. Siqnatui^- liAJLAxd/y^h . / /1/^^^^^--^^ Date: Citv of Carlsbad Housing & Redevelopment Department October 18, 2001 BILL PONDER CALIFORNIA COASTAL COMMISSION SAN DIEGO DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SANDIEGO, CA 92108-4402 Re: Notice of Final Action for Mariah's Outdoor Tables & Chairs (RP 98-07) Dear Bill: Attached, please find a Notice of Final Action for the above referenced project. I have also included a copy of the administrative permit, including conditions of approval, and a corresponding site plan. If you have any questions pertaining to the enclosed documents or require additional information, please contact me at 760-434-2813. Sincerely, CITY OF CARLSBAD LORI H. ROSENSTEIN Management Analyst Enclosures 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ 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 #: RP 98-07 Filing Date: 6/12/98 Case Name: Mariah's Outdoor Tables & Chairs Applicant: Therese Mayer Decision Date: 10/1/01 Agent (if different): Address: 377 Carlsbad Village Dr., Carlsbad 92008 Address: Phone: Phone: 760-729-6040 ACTION: I I APPROVED ^ APPROVED WITH CONDITIONS I I DENIED (Copy of final resolution is sent to: Coastal Commission, any persons wlio specifically requested it, and tiie 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: Califomia Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, Califomia 92108-4402, Telephone (619) 767-2370. Tite time witiiin wliich judicial review of tiiis decision must be sought is govemed by Code of Civil Procedures, Section 1094.6, which iias been made applicable in the City ofCarlsbad by Carlsbad Municipal Code Ciiapter 16. Any petition or other paper seelcing 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 ofsuch a record, the time within which such petition may be filed in court is extended to not later tlian thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attomey of record, if he has one. A written request for the preparation ofthe record ofthe proceedings shall be filed with the City Cleric, City ofCarlsbad, 1200 Carlsbad Village Drive, Carlsbad, Califomia 92008. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 Citv of Carlsbad Housing & Redevelopment Department October 18, 2001 THERESE MAYER MARIAH'S WESTWIND RESTAURNAT 377 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 Re: OUTDOOR TABLES AND CHAIRS (RP 98-07) 377 Carlsbad Village Drive Dear Therese: The City of Carlsbad's Redevelopment Agency has completed the review and processing of your application for an Administrative Redevelopment Permit to allow tables and chairs to be placed within the public right-of-way for use as a sidewalk cafe at Mariah's Westwind Restaurant located at 377 Carlsbad Village Drive. The permit has been approved. A copy of the approved permit and corresponding site plan are enclosed for your records. Please read all conditions contained within the permit carefully. It is very important that you understand these conditions and that you comply with them. Violation of the conditions could result in revocation of this permit. In addition, please be aware that the site plan shows the approved location of the outdoor tables and chairs. Adherence to the site plan layout is essential for meeting the conditions of approval. Thank you for your continued cooperation and patience in completing the redevelopment permit process. If you have any questions regarding this correspondence, please contact my office at 434-2813. Sincerely, CITY OF CARLSBAD LORI H. ROSENSTEIN Management Analyst Enclosure 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ RP 98-07- Mariah's Westwind ReWurant - Sidewalk Cafe Permit The remainder of this application shall be completed by City Staff: 7. RECEIPT OF APPLICATION Date Application Received: 6/12/98 Application Received bv: Communitv Development Counter Permit No. Assignedj RP 98-07 8. FEES FOR APPLICATION 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 for this application: $260.00 Date Fee(s) collected by City Staff: 6/12/98 Receipt No.: 53458 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 \Qh/0.^ Approved, with conditions. See conditions noted below. Denied. Reason Housing'aritK^edevelopment Director Signature: CD Direului liiiliater Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of 2 The following findings 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 \Q/\ I0\. 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 total of 75 chairs and 6-8 booth seats inside the subject restaurant and a maximum of 3 tables and 6 chairs outside the subject restaurant, within the identified sidewalk area. 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.