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HomeMy WebLinkAboutRP 99-10; Vigilucci's Cucina Italiana; Redevelopment Permits (RP)^.LoU. REDEVELOPLILN 1 MULN^ PERMIT APPLICATION PLEASE CHECK ALL THAT APPLY: • ADMINISTRATIVE PERMIT I I New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or less than $60,000. I I Interior or exterior improvements to existing structures which result in an intensity of use. I I Provisional land uses, where a minor or major redevelopment permit is not required. I I Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems. I I Signs for existing businesses or faciiities. I I Repair or maintenance activities which are not exempt from obtaining a permit. • • COASTAL DEVELOPMENT PERMIT MAJOR REDEVELOPMENT PERMIT I I New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is greater than $150,000. I I Variances for projects within this category. • MINOR REDEVELOPMENT PERMIT I I New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is greater than $60,000 but less than $150,000. I I Variances for projects within this category. I I Variances for projects which would otherwise be exempt or be eligible for an administrative permit MISCELLANEOUS REDEVELOPMENT PERMIT I I A-Frame Sign Sign Permit Sign Program Sidewalk Tables/Chairs Outdoor Displays Other • • • • Brief description of project: OO^rbos^J^ ~TAA.C.S-/Vi5t^ <C4-IAA IX. PROJECT TITLE: Property Location: APNfsl: 102, • Zf^Z. -O^i Street Address Owner's Name Address <^mk Ana r/j ^moC- Telephone Number_ Applicant's Name. Address Telephone Number^6^ LK^-K^S^^ THE AREA BELOW IS TO BE COMPLETEO BY CITY STAFF FEES FOR APPLICATION PROCESSING: (List type of fee and amount) List type ot ree ano amount) ->» v v \ J> '\ ft Z(pO ^ A^Wx^vn^5Vr<v\\v)e KAW^\0fWI<NV "V RECEIPT OF APPLICATION Date Application Received \Avk\\^ Application Received bv Cyo^'t^ Eot T ^ UtMm'vXi^^ Permit Number Assigned K P 1*^-10 _L. JARLSBAD REDEVELOPMENT AGENC' ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 1. BUSINESS DESCRIPTION 0 Business Name: Business Owner Name(s): Type of Business (i.e., restaurant, bar, retail):_ 2. LOCATION OF PROJECT Address: Bordering Streets: North: East: r^ ST V) ~ West: O-^ /\S>V-r \ (^<C."^^^^^^^ Assessor Parcel No.: Within Coastal Zone: Within Appealable Area of Coastal Zone: Land Use District within Village: • • Yes Yes X 1 • 4 • 7 • • • No No • 3 • 6 • 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 ofthe proposed sidewalk tables and chairs. Elevations or photographs ofthe 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. I/we consent to entry onto/into the subject property/business for this purpose. : iUJCC- Ud^-.^^ Date: Name: Signature :ARLSBAD REDEVELOPMENT AGENC^ ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 5. BUSINESS OWNER INFORMATION/CERTIFICATION Name: Mailing Address:. 1 Daytime Telephone No. Tax I.D #: ^ Co - \~a^i> -^.vQ.- '^9o- yq^-y 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% ofthe shares in the corporation crowning 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 J2-No If yes, please indicate person(s): Certification Statement 1 Certify that 1 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. 1 agree to indemnify, hold harmless, and defend the City of Carlsbad and the Carlsbad Redevelopment Agency or its officers or empioyees 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 ofthe 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 f ^bnaright^of-way. This.agreement is a condition of the issuance of this administrative redevelopment permit for the subject sjfie^i^frtatjtes^hiirs aid/or enclosure on the public right-of-way. 1 understand that an approved sidewalk tdbles Village Rec evelob Signature emain in effect for as long as sidewalk tables and chairs are permitted within the rmittee remains in compliance with the subject approved permit. Date: ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 6. 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 of the subject business as set forth herein. Name: Mailing Address: /AO^ ^ U/^^Pu^ Daytime Telephone No.: '^Z^— f^O ^0^Q2^ List the Names and Addresses of all persons having a financial interest in the property: If any person identified above is a corporation-OT 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? • Yes • No If yes, please indicate person(s):_ Certification Statement I Certify that I 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. 1 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 approyed permit. Sionatur^-"^'^ ^-^^^^ ^^>>y^ Date: RP 99-10 - Vigilucci Cucina Italia^Restaurant - Sidewalk Cafe Permit 7. RECEIPT OF APPLICATION Date Application Received: 6/28/99 Application Received bv: Craig Ruiz. Housing and Redevelopment Permit No. Assigned^ RP 99-10 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: 7/2/99 Receipt No.: R0004595 9. ACTION ON THE APPLICATION The following action has been taken by the Housing and Redevelopment Director on this application: J2J Approved subject to conformance with plans submitted as part of application, dated. 0 Approved, with conditions. See conditions noted below. • Denied. Reason Flensing and Redevelopment Director Signature: CD Director Initials: Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPLICABLE) Page 1 of 3 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 enclosure will not impede pedestrian traffic and is desired for other safety or aesthetic reasons. Due to the location of the subject business, the enclosure will allow for better control over the placement of the tables and chairs and prevent impediments to pedestrian traffic. The enclosure will provide for a defined location for the tables and chairs and allow for a clear pedestrian area of at least 5 feet. 3. The proposed use is not likely to result in health or safety problems nor is it likely to adversely impact adjacent uses. Findings continued (RP 99-10)|^ ^ Page 2 of 3 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 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 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 9/21/99. 3. The project must comply with the latest State Disabled access regulations for existing buildings. 4. The applicant must obtain the appropriate permits and/or approvals from the ABC prior to selling or serving alcoholic beverages to customers using the sidewalk tables. 5. 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 and/or the approved enclosure for the sidewalk cafe. 6. 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). 7. 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 73 seats inside the subject restaurant and a maximum of 10 tables and 20 seats outside the subject restaurant, within the identified sidewalk area. The applicant may place no tables or chairs outside of the enclosed area indicated on the approved plans. All outside tables and chairs for the subject restaurant 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 application. This furniture shall 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 shail be kept free of all litter. 11. 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 Conditions Continued (RP 99-1^ ^ Page 3 of 3 approved permit which remains in effect may be amended without additional fees as approved by the Housing and Redevelopment Director. 10. Prior to installing the approved enclosure for the sidewalk cafe area, the applicant and property owner (if different) shall enter into, and record, an encroachment agreement between the applicant, property owner and City of Carlsbad. 11. The applicant shall work with the City to relocate the two large concrete landscape planters as indicated on the approved plans. 12. In accordance with Chapters 21.35 and 21.58 ofthe 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.