HomeMy WebLinkAbout2021-01-21; Shorehouse Kitchen Notice of Violation Letter; Jackson, Curtis MTo the members of the:
CITY COUNCIL
Date 1 /2.1 /u CA ✓ cc V
CM / ACM V DCM (3) ✓ --
Jan. 21, 2021
To:
From:
Via:
Re:
Council Memorandum
Honorable Mayor Hall and Members of the City Council
Curtis M. Jackson, Real Estate Manager C;)
Geoff Patnoe, Assistant City Manager l2L"
Shorehouse Kitchen Notice of Violation Letter
{cityof
Carlsbad
Memo ID #2021018
The purpose of this memorandum is to provide notice to City Council regarding Shorehouse
Kitchen's Notice of Violation letter pursuant to their violation of the San Diego County COVID-19
Health Order.
Background
Shorehouse Kitchen is a city tenant who operates a restaurant located at 2833 State Street.
Between Jan. 1, 2021 and Jan. 12, 2021, Shor~house Kitchen allowed dining on their premises in
both the interior and exterior seating areas in violation of the San Diego County COVID-19 Health
Order, which was a violation of the terms of their lease agreement.
Discussion
On Jan. 13, 2021, city staff informally notified Shorehouse Kitchen they were in violation of both
the San Diego County Health Order and their lease agreement after members of the public
provided staff with evidence of dining on the premises. Shorehouse Kitchen ceased dining on the
premises immediately thereafter. On Jan. 20, 2021, the city formally notified Shorehouse Kitchen
via letter (attached) of their violation of the San Diego County Health Order and lease agreement
to ensure compliance with both.
Next steps
City staff will continue to monitor Shorehouse Kitchen to ensure compliance with the lease
agreement.
Attachment: A. Shorehouse Kitchen Notice of Violation Letter dated Jan. 20, 2021
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Community Services Branch
Real Estate Department
3096 Harding Street I Carlsbad, CA 92008 I 760-434-2836 t
January 20, 2021
Mr. John Feis
Shorehouse Kitchen, LLC
249 South Highway 101, Suite 514
Solana Beach, CA 92075
Dear Mr. Freis:
Attachment A
( City of
Carlsbad
This letter is to notify you that the City of Carlsbad ("Landlord") is aware that between Jan. 1,
2021 and Jan. 12, 2021. Shorehouse Kitchen, LLC ("Tenant") allowed in-person dining services at
the Tenant's leasehold interest located at 2833 State Street, Carlsbad, CA 92008 ("Premises").
Pursuant to the Order of the California Public Health Officer issued on Aug. 28, 2020, and as
incorporated by the Health Officer Order and Emergency Regulations (collectively "Health
Orders") in effect throughout San Diego County, restaurants, wineries, and bars may operate in
compliance with applicable "Industry Guidance." COVID-19 Industry Guidance states that
restaurants, wineries, and bars may not operate indoors based on the County's current Tier 1
status. In addition, the County of San Diego is currently subject to the State of California's
Regional Stay at Home Order, which prohibits dine-in operations at Restaurants, Wineries, and
Bars. In short, you are currently limited to take-out and delivery service only, with no on-site
dining or drinking of any kind allowed.
Section 10.3 "Compliance with Laws; Nuisance" of the lease agreement between the City and
Tenant states that the "Tenant shall, at its sole expense and at all times, comply fully with (i) all
federal, state and municipal laws ... "and " ... shall not occupy, suffer or permit the Premises or
any part thereof to be used for any illegal, immoral or dangerous purpose, or in any other way
contrary to the law or the rules or regulations of any public authority." As such, Tenant has
violated the Health Orders by allowing patrons and/or persons to dine-in on the Premises and is
therefore is in breach of Section 10.3 of the Agreement.
Section 17.l(c} "Events of Default" of the Agreement states that "[t]enant's failure to comply
with any provision of this Lease relating to the Permitted Use, where such failure continues for
ten {10} days after written notice of such failure from Landlord" shall constitute a default and
material breach under the Lease Agreement.
Community Services Department .
Real Estate 3096 Harding Street I Carlsbad, CA 92008 I 760-434-2836 t
Mr./Ms. Freis
Jan. 13, 2021
Page 2
As such, failure by Shorehouse Kitchen to cease and desist serving patrons for dine-in on-site
service at any and all locations on the Premises within ten (10} days of this Notice shall be
deemed a default and material breach of the Lease Agreement.
The City appreciates the impact these restrictions have on your business. However, as the
responsible party for your facility, it is your duty to ensure that the terms of the Agreement are
complied with. If you do not comply, the City will take actions necessary to enforce the terms of
the Agreement.
Sincerely,
Curtis M. Jackson
Real Estate Manager
Attachment (photographs)
cc: Scott Chadwick, City Manager
Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager
Mr./Ms. Freis
Jan. 13, 2021
Page 3
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' I I I
Attachment