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HomeMy WebLinkAboutSRP 97-01; Caldo Pomodoro; Redevelopment Permits (RP)""^"cl^EsBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT /fefiP SIDEWALK TABLES AND CHAIRS 1. BUSINESS DESCRIPTION Business Name: C.^[gA^ Pe? IV\e?(jo^< Business Owner Name(s): Type of Business (i.e., restaurant, bar, retail): ^'^'^(XOfi^^ ^ hxr 2. LOCATION OF PROJECT Address: 2^0^ ^1^t(2. Str^ Bordering Streets: ^ t North: &y?M^(5l South: East: ^ ' West: Assessor Parcel No.: 20'5-?^'^-C\ Within Appealable Area of Coastal Zone: • Yes 0^ No Within 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 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/intothe subjed property/business for this purpose. Name: Jyfy^ ^ 77 j^juf^r^^i^f^^ Date: ApA^ 1^ Signature: TMTNiTjf A, T^rh^Cf SIDEWALK CAFES Location and Development Criteria: 1. Sidewalk tables and chairs shall be limited to eating and drinking establishments only. 2. Tables and chairs should not unduly disrupt pedestrian and vehicular movement. 3. Tables and chairs must be placed a minimum of two feet from the curb to allow adequate space for the opening of vehicle doors. 4. A clear area of at least five feet in width must be maintained for pedestrian use over the entire length of the sidewalk in front of the business. 5. Tables are encouraged to be placed in line with tree wells, street lights and other street furnishing elements In order to maximize a linear unobstructed area. 6. Where tables are placed next to the building facade, a clear area of at least five feet in width must be maintained to building entries. 7. Tables must not block access to fire emergency facilities (i.e., fire hydrants). 8. Tables, chairs and umbrellas should be restricted to the frontage of the business, and should not encroach on the frontage of any adjacent business. 9. All sidewalk obstruction including non-permanent trash receptacles should be removed completely from the sidewalk area daily prior to the close of business. 10. Furniture should be of a uniform color and design and of substantial construction to withstand outdoor use. Umbrellas should be made of a wood or metal framework and should be covered with fabric. No vinyl umbrellas shall be permitted. 11. Trash receptacles should be provided by the eating or drinking establishments and the area of the sidewalk cafe must be kept free of litter. 12. The Housing and Redevelopment Director may approve temporary or permanent enclosures for the sidewalk cafe area as part of the sidewalk cafe permit if the Director finds that the enclosure will not impede pedestrian traffic and is desired for other safety or aesthetic reasons. Other Requirements: 1. An approved sidewalk cafe permit remains in effect for as long as sidewalk cafes are permitted within the Village Area and the permittee remains in compliance with the subject approved permit. No new permit shall be required unless the applicant ceases to use the sidewalk tables and chairs for a period of 6 months or longer; in this case, a new permit with appropriate fee will be required. The approved permit which remains in effect may be amended without additional fees as approved by the Housing and Redevelopment Director. 2. The State Department of Alcohol Beverage Control shall regulate the sale of alcoholic beverages within the Village. The applicant must obtain the appropriate permits and/or approvals from ABC prior to selling or serving alcoholic beverages to customers using the sidewalk tables and chairs. 3. Applicant/permittee must sign an Indemnification Statement holding the City of Carlsbad and the Carlsbad Redevelopment Agency harmless from any legal action resulting from sidewalk cafe operations and/or any approved enclosures for the sidewalk cafe. 4. The applicant/permittee must submit a Certificate of Insurance to the City of Carlsbad in the amount of $1 million. The City of Carlsbad and the Carlsbad Redevelopment Agency shall be listed as "additional insured" on the Certificate. The Certificate must remain in effect for as long as the tables and chairs are placed within the public right-of-way. CARLSBAD REDEVELOPMENT AGENCY ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS 5. BUSINESS OWNER INFORMATION/CERTIFICATION Name: 6 IAA. ^70^ ^YaWOi'^or'tg Mailinq Address: C(x\cko ^g^o oCo 2^07 St^tTc. Sstf^ Qx/\<hcJ< ^^oo Daytime Telephone No.:. 4 ' - =—f. 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: MA 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 ^^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 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 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 o/affhiit. Signature_ /^..jThA^^ Date: ApA^ ^'^^ Thie rem«ir«fef <?f tNIs appicstloii ah^l W completed by C% StsU: CARLSBAD REDEVELOPMENT AG ADMINISTRATIVE PERMIT APPLICATION & DISCLOSURE STATEMENT SIDEWALK TABLES AND CHAIRS /^eimC OTATCR/lirMT 7. RECEIPT OF APPLICATION Date Application Received: M (15 / ^ 4 Application Received bv: A /. i -IrLf pDUo^Y>jbQ^xn^ Permit No. Assigned: fi^^P-^f^'^^^aS ^-R.P T7-Q/ 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 Date Fee(s) collected by City Staff: Receipt No.: 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 • Approved, with conditions. See conditions noted below. • Denied. Reason Housing and Redevelopment Director Signature: CD Director Initials: Date: 10. CONDITIONS OF APPROVAL (IF APPLICABLE) The following conditions have been placed on the subject project: ADMINISTRATIVE E^R BAD REDEVELOPMENT AGENCY^ RMIT APPLICATION & DISCLOSURESTATEMENT ^1 Attachment for Sidewalk Tables and Chairs and related enclosure - S-RP 97-01 5. PROPERTY OWNER INFORMATION/CERtlFICATION Name: KUrtKI Y UVVNtK INhUKIVIA I lUIN/UtI ~Th^^ ^ 72 r Mailing Address: Daytime Telephone No.:_ List the Names and Addresses of all persons having an ownership irutprest in the property involved '2^ i7Wy hi. g S 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 B*NO If yes, please indicate person(s): Certification Statement: I Certify that I am the Legal Owner of the subject property for this application and that ail of the above information is true and correct to the best of my knowledge. This application is submitted with my consent and I agree to accept and abide by any conditions placed on the subject property, including use of buildings, as a result of approval of this apoli^tfOin. I Date: 7i7{oi/-'^7 27 October 1997 ADDENDUM THREE (3) TO CALDO LEASE DATED: 6 JUNE 1996 SUBJECT: Outdoor sidewalk dinning at 2907 State Street This addendum grants outdoor dinning at the restaurant site at 2907 State Street, subject to the following conditions: 1. Carlsbad city permit approval. 2. Aii railing and tile installation to be in accordance with city codes and conditions. 3. Lessee to be responsible for maintenance and repair as necessary. 4. Lessee will not remove, alter or modify outdoor facility without Lessor approval. 5. Lessor will be held harmless for any expenses or liability associated with maintenance or operation of the outdoor dinning area. 6. Should the city permit be revoked, Lessee will be responsible to return outdoor dinning area to its originai sidewalk condition. 7. All existing terms and conditions ofthe basic lease remain unchanged. Thomas R. Betz, Lessg Dated Dated C«.SBAD REDEVELOPMENT AGENC1 ADMINISTRATIV^ERMIT APPLICATION & DISCLOSUlWSTATEMENT JRE i 7. RECEIPT OF APPLICATION Date Application Received: 4/15/96 (original): withdrawn & resubmitted 10/1/97 Application Received bv: Debbie Fountain. Redevelopment Permit No. Assioned: S-RP 97-01 8. FEES FOR APPLICATION PROCESSING The following fees shali apply to this application; list type of fee and amount: $150.00 - Administrative Redevelopment Permit/Sidewalk Tables and Chairs Total Fee(s) required forthis application: $150.00 Date Fee(s) collected by City Staff: 10/1/97 Receipt No.: 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, datedj[£ kohl. ^ Approved, with conditions. See conditions noted below. • Denied. Reason Housing and Redevelopment Director Signature: CD Director Initials: Date: 10. FINDINGS AND CONDITIONS OF APPROVAL (IF APPUCABLE) Page 1 of 3 The following findings have been made in order to approve the subject permit: 1. The applicant has complied with all ofthe 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 correct an existing situation where the placement of the tables and chairs has impeded 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. :4||.SBAD REDEVELOPMENT AGENC^ ^^ERMIT APPLICATION & DISCLOSU^S Ci ADMINISTRATIVETERMIT APPLICATION & DISCLOSUFtE^ STATEMENT Findings continued (S-RP 97-01): 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 foilowing conditions have been approved for the subject project: 1. This approved permit serves as the required redeveiopment 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 10/20/97. 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 pubiic 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 19 tables and 42 seats inside the subject restaurant and a maximum of 11 tables and 22 seats outside the subject restaurant, within the identified sidewalk area. The applicant may place no tabies 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 shali 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. Cj^SBAD REDEVELOPMENT AGENcJl ADMINISTRATIVEPERMIT APPLICATION & DISCLOSURE STATEMENT Conditions Continued (S-RP 97-01) Page 3 of 3 " 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 appiicant remains in compliance with the subject approved permit. No new permit shail 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. 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. 13. The applicant shall be responsible for relocating the large concrete landscape planter as indicated on the approved plans. The applicant shall also be responsible for the ongoing maintenance of the landscape planter located within the public sidewalk right-of-way as a condition of approval of the subject permit. 14. 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 ofthe sidewalk cafe interferes with adequate or safe public use of the sidewalk.