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B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Raul M. Rojas, Public Works Director
FROM: Marian P. Shaw, Civil Engineer IV, Subdivisions
DATE: April 18, 2003
N A -
(A) i UA
SUBJECT: Encroachment Permit Application for Installation of a wrought iron fence, wood deck &
canvas awning
Hookah Cafe - Fahilco Inc.
1521 19" Street
Engineering and Traffic staff have reviewed the attached encroachment permit to allow the installation of
a wrought iron fence, wood deck & canvas awning. The site is located at 1521 19th Street.
The applicant has provided proof of appropriate insurance coverage to Risk Management, and has
provided signatures of all immediate neighbors stating that they have no objection to the proposed
construction.
Based on their review, staff recommends approval of the permit.
SAPERMIMENCROACH\2003 Permits \1512 19th Street.doc
ENCROACHMENT PERMIT
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVE
BAKERSFIELD CA 93301
(661) 326 -3724
TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and
maintain an encroachment on public property or right of way as therein defined.
Application Number . . . . .
0-30000020-
Date 4/04/03
Pin number . . . . . . . . .
4567
Property Address . . . . . .
1521 19TH ST
Parcel /APN:
522 - 290- 06 -00 -8
Application description
PW - ENCROACHMENT PERMIT
Owner
Contractor
----------- --- ---- - -- - --
FAHILCO INC — Hookah Cafe
------------------------
OWNER /BUILDER
9721 TIUCHSTONE DR
BAKERSFIELD CA 93311
BAKERSFIELD
CA 93301
BAKERSFIELD CA 93311
(661) 201 -1522
----------------------------------------------------------------------------
Permit . . . . . . ENCROACHMENT PERMIT
Additional desc . .
Phone Access Code 72462
Permit Fee 145.00
Issue Date . . . . 4/04/03 Valuation . .
. . 0
Qty Unit Charge Per
Extension
1.00 145.0000 EA PW
ENCROACHMENT
145.00
----------------------------------------------------------------------------
Special Notes and Comments
Enroachment of wood deck for dinig area
into Row, 4' min to 5' max
wrought iron fence,
& canvas awning
See additional comments
on back.
Fee summary Charged
----------- - - - - -- ---- - - - - --
Paid Credited
---- - - - - -- ---- - - - -
Due
---- - - - - --
Permit Fee Total 145.00
--
145.00 .00
.00
Grand Total 145.00
145.00 .00
.00
Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the
permit at any time.
Signature of Applicant (Owner /Agent) Print Name
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING
APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT)
SUBSTANTIALLY INTERFERE" WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2)
WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS
THEREFORE (GRANTED) (DENIED). Said permit shall expire on date stated above.
tional Terms on the Back
A
APPLICATION FOR ENCROACHMENT PERMIT
TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to
place, erect, use and maintain an encroachment on public property or right -of -way as therein defined.
pP p including rA HIL.C-D� �- V-LC,
l . Full name of applicant and complete address includin hone number:
972-1 o kC k S 4_0 r1(d D-'" 3 r'S (c , cJ� . "13 3 // �� i > t? / - /_C2 Z
2. Nature or description of the encroachment for which this application is made:
3. Location of the proposed encroachment: l S�Z % 17'h 4el • r c l
4. Period of time for which the encroachment is to be maintained:
.93301
Applicantagrees that if this application is granted, applicant shall indemnify, defend and hold harmless City, its officers,
agents and employees against any and all liability, claims, actions, causes of action or demands, whatsoever against them,
or any of them, before administrative, quasi-judicial, or judicial tribunals of any kind whatsoever, arising out of,
connected with, or caused by applicant's placement, erection, use (by applicant or any other person or entity) or
maintenance of said encroachment. The applicant further agrees to maintain the aforesaid encroachment during the life
of said encroachment or until such time that this permit is revoked.
Applicant further agrees that upon the expiration of the permit for which this application is made, if granted, or
rp onert X or right of way where the same is located, and restore said public property or right of way to the condition as
nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment.
Applicant further-agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect
for however long the encroachment remains. Applicant shall furnish the City Risk Manager with a Certificate of
Insurance evidencing sufficient coverage for bodily injury or property damage liability or both and required endorsements
evidencing the insurance required. The type(s) and amount(s) of insurance coverage is:
A 4lti <_6 eA
Applicant acknowledges the right ofthe City Engineer, pursuant to Bakersfield Municipal a ap 0 to revoke
the permit a an time.
Date: /o .
ignature o App icant (Owner or Representative)
PERMIT
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE
FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1)
WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PUBLIC PLACE WHERE THE
SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID
PUBLIC PLACE; SAID APPLICATION IS THEREFORE (GRANTED) (DENIED). SAID PERMIT SHALL
EXPIRE
Date:
No.
ignature o ity Engineer
G:\ GROUPDAT %Forms\EnaoachmentPeimitApp.wpd
I
10
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B A K. E R S F I E L L7
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Ryan Starbuck, Civil Engineer III
FROM: Marian P. Shaw, Civil Engineer IV, Subdivisions
DATE: April 14, 2003
SUBJECT: Encroachment Permit Application for 1521 19`h Street
Fahilco Inc
Wood deck and wrought iron fence for dining area.
Please review the attached encroachment permit and return to me at your earliest convenience.
S: \PERMITS \ENCROACH \TRAFFIC \1521 19th St.doc
B A K E R S F I E E D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Pat Flaherty, Risk Manager
FROM: Marian P. Shaw, Civil Engineer IV, Subdivisions
DATE: April 14, 2003
SUBJECT: Encroachment Permit Application for 1521 19th Street
Fahilco Inc
Wood deck and wrought iron fence for dining area.
Please review the insurance certificate with the attached encroachment permit and return to me
at your earliest convenience.
S: \PERMITS \ENCROACH \INSURANC \1521 19th St.doc
A
HnnKCOF -01 IRTA
ACORD CERTIFICATE OF LIABILITY INSURANCE 1
DATE
4/3/2003 '
PRODUCER (661) 322 -9993
DiBuduo & DeFendis Insurance Agency, Inc. - Bakersfield
License # 0707137
P.O. Box 9548
Bakersfield, CA 93389 -9548
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Hookah Cafe
1521 19th Street
Bakersfield, CA 93301
INSURER A: Allied Group
A
INSURER B:
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
INSURER C:
4/2/2003
INSURER D:
EACH OCCURRENCE
INSURER E:
PREMISES Ea o TEII ce
nnvF R A n PA
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD*L
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
ACP7$012$5316
4/2/2003
4I2I2004
EACH OCCURRENCE
$ 1,000,00
PREMISES Ea o TEII ce
$ 300,00
MED EXP (Any one person)
$ 5,00
PERSONAL & ADV INJURY
$ 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO- LOC
PRODUCTS - COMP /OP AGG
$ 2,000,00
Liquor Liability
1,000,00
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESSIUMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE
$
AGGREGATE
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
WC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
The City of Bakersfield, its mayor, council, officers, agents, employees & volunteers are named as Additional Insureds.
GLKTIFIGATE HULDtK GANUrLLA I IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Bakersfield
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
1501 Truxton Ave
Bakersfield, CA 93301 -
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE _/ r-
ACORD 26 (2001/08) 9 ACURD GUKPUKA I JUN 798S
ALLIED INSURANCE GROUP
Policy Number: ACP7801285316
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS — SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF BAKERSFIELD, ITS MAYOR, COUNCIL
AGENTS, EMPLOYEES AND VOLUNTEERS
1505 TRUXTON AVE.
BAKERSFIELD, CA 93301
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured, the person or organization
shown in the Schedule, but only with respect to acts or omissions of the named insured in
connection with the named insured's ongoing operations.
As respects coverage provided by this endorsement to the person or organization shown in the
schedule, coverage does not apply to "bodily injury" to an "employee" of the named insured.
CG 70 57 (03 -96)
ENCROACHMENT PERMIT
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVE
BAKERSFIELD CA 93301
(661) 326 -3724
TO THE CITY ENGINEER OF THE: CITY OF BAKERSFIELD CALIFORNIA:
Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and
maintain an encroachment on public property or right of way as therein defined.
Application Number . . . . . 03- 30000020, Date 4/04/03
Pin number . . . . . . . . . 4567
Property Address . . . . . . 1521 19TH ST
Parcel /APN: 522 - 290- 06 -00 -8
Application description . . . PW - ENCROACHMENT PERMIT
Owner Contractor
- ------- --------- - - - - - -- ---- --- - - - - --
FAHILCO INC — Hookah Cafe OWNER /BUILDER
9721 TIUCHSTONE DR
BAKERSFIELD CA 93311 BAKERSFIELD CA 93301
BAKERSFIELD CA 93311
(661) 201 -1522
----------------------------------------------------------------------------
Permit . . . . . . ENCROACHMENT PERMIT
Additional desc . .
Phone Access Code . 72462
Permit Fee . . . . 145.00
Issue Date . . . . 4/04/03 Valuation . . . . 0
Qty Unit Charge Per Extension
1.00 145.0000 EA PW ENCROACHMENT 145.00
----------------------------------------------------------------------------
Special Notes and Comments
Enroachment of wood deck for dinig area
into Row, 4' min to 5 t max wrought iron fence, & canvas awning
See additional comments on back.
Fee summary Charged Paid Credited Due
----------- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - --
Permit Fee Total 145.00 145.00 .00 .00
Grand Total 145.00 145.00 .00 .00
Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the
permit at any time. ,
.- ._......_..._. <__..._ ..__ __
' ,� - �. (�
Signature of Applicant (Owner /Agent) Print Name
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING
APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT)
SUBSTANTIALLY INTERFERE' WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2)
WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS
THEREFORE (GRANTED) (DENIED). Said permit shall expire on date stated above.
tional Tern
Post -it® Fax Note 7671
Date
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pages
To , \
From
Co. /Dept..
Co.
Phone #
Phone # 15 7 I
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Fax # ,Z D
Fax #
Applicant agrees that if this application is granted, applicant shall indemnify, defend, and hold harmless CITY, its officers, agents and
employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before
administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by applicant, or in any way arising
from, the terms and provisions of this permit or the placement, use (by applicant or any other person or entity) or maintenance of said
encroachment, whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful
misconduct. The applicant further agrees to maintain the aforesaid encroachment during the life of the said encroachment or until such
time that this permit is revoked.
Applicant further agrees that upon the expiration of the permit for which this application is made, if granted, or upon revocation thereof by
the City Engineer, applicant will at his own cost and expense remove the same from the public property or right of way where the same is
located, and restore said public property or right of way to the condition as nearly as that in which it was before the placing, erection,
maintenance or existence of said encroachment.
Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long
the encroachment remains. Applicant shall furnish the City Risk Manager with a certificate of issuance evidencing sufficient coverage for
bodily injury or property damage liability of both and required endorsements evidencing the insurance required.
I have read and acknowledge the above.
Applicant's Initials
Additional Comments:
Pressure treated or redwood framing for with 5/8" exterior plywood or better
for deck.
No electrical or plumbing below deck.
6' clear sidewalk from fence for pedestrian access
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Walt Williams
2025 Chester Ave.
Bakersfield, CA 93301
January 21, 2004
Marian P. Shaw
Public Works Dept., Eng. Div.
1501 Truxtun Ave.
Bakersfield, CA 93301
Re: Retail Property —1521 190' St.
Dear Marian:
I am writing this letter to voice my concern regarding a permit that was issued to my
tenant occupying the above property. Being the owner and responsible party for this
property I am concerned that an encroachment permit to fashion a sidewalk eating area
was issued without my knowledge or approval.
In addition, I am concerned with the feasibility of the permit issued. Although the work
seems to be quality and appearance is appealing, the structure comes within very close
proximity to the tree that is to be planted in the existing sidewalk tree well. Once a tree is
planted there will not be sufficient allowance for pedestrians walking side -by -side on the
sidewalk. My greatest concern however, is that there is not sufficient allowance for a
wheelchair to pass. Even without a tree, a wheelchair will be required to maneuver over
the tree well's grate to cross in front of the building.
Currently, construction has been halted. I am asking that you review the situation before
we allow completion of the patio area.
I appreciate you attention and response to this matter. I can be reached at 323 -6700.
Sincerely,
Walt Williams