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Home My WebLink About1994-08-17; Design Review Board; ; RP 94-05 - VILLAGE FARMER'S MARKETAugust 17, 1994 TO: DESIGN REVIEW BOARD FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: RP 94-5-"VILLAGE FARMER'S MARKET" -Request to approve a major redevelopment permit to allow a Farmer's Market to be -held every Wednesday afternoon in the public parking lot located on Roosevelt Street between Carlsbad Village Drive and Grand Avenue in the Village Redevelopment Area. I. STAFF RECOMMENDATION Staff recommends that the Design Review Board APPROVE Resolution No.215 recommending approval by the Housing and Redevelopment Commission of a major redevelopment permit with conditions to allow a Farmer's Market to be held every Wednesday afternoon in the public parking lot located on the east side of Roosevelt Street (mid-block) between Carlsbad Village Drive and Grand A venue in the Village Redevelopment Area. II. PROJECT DESCRIPfION AND BACKGROUND The Village Business Association has submitted an application requesting approval of a major redevelopment permit to sponsor a Certified Farmer's Market to be held every Wednesday during the hours of 3:00pm to 6:00pm. Product sales will be limited to fresh agricultural products such as fruit, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Non- produce items such as dried fruit, juice, dried beans, meat and dairy products may be sold if the producer has proof that he/she grew, raised or caught the product. The intent of the proposed Market is to feature local growers who are certified farmers by the State of California, Agriculture Department. For educational purposes, one (1) booth may also be provided on a rotational, free of charge basis to individuals and/or organizations that would provide educational materials on issues such as soil conservation, recycling, composting, organic farming and sustainable agriculture-business endeavors and one (1) booth may be provided for distribution of promotional items, including advertisements, brochures, etc. for businesses within the Village Redevelopment Area. III. VILLAGE DESIGN MANUAL AND REDEVELOPMENT PLAN CONSISTENCY The use is consistent with the Village Design Manual and Redevelopment Plan for the Village Redevelopment Area. The proposed site is located within Subarea 1 of the Village Redevelopment Area. The uses allowed in this area are the same as those allowed within the C- l, C-2 and R-P zones as indicated in the Carlsbad Municipal Code. RP 94-05 -Staff Report August 17, 1994 Page 2 The goal for subarea 1 is to function as a major financial, specialty, commercial center for the downtown area. The Farmer's Market will be located within the Village Centre as indicated within the Village Design Manual. The Village Centre is to serve as the focal point and was intended to become the attracting force for the Redevelopment Project Area. The proposed Farmer's Market reinforces the Village atmosphere and will create a focal point for both vehicle and pedestrian traffic within the area. The Farmer's Market will be held in the public parking lot located mid-block on Roosevelt Street (east side) between Carlsbad Village Drive and Grand Avenue. In order to properly set-up for the event and clean up afterwards, the subject parking lot will be closed from 7:00am to 8:00pm every Wednesday. Although this does create a loss of public parking for one day each week, there is adequate parking within the area to accommodate public parking needs for businesses within the area. Therefore, staff does not believe that it is necessary to require additional temporary parking for the Farmer's Market. Per CMC Section 21.35.130 and the Village Redevelopment Plan, the Board is authorized to recommend and the Housing and Redevelopment Commission may grant exceptions/exemptions from the limits, restrictions, and controls (i.e., on-site parking requirement for all land uses) established for the Village Redevelopment Area whenever it is found that: 1) The application of certain provisions would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan. Due to the fact that the Farmer's Market will only be operated one day a week for a few hours, it would be impractical to require the applicant to pay for and/or provide additional on-site or off-site parking at the applicant's own cost. It also provides an unnecessary hardship on the proposed project because there is adequate public parking within a reasonable distance of the proposed project. The overall goal of the Village Redevelopment Project is to create a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service functions. The proposed project is consistent with this goal. 2) There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions and controls. The proposed Farmer's Market will be operated on public property by a non-profit organization. The event will only be held once a week for a maximum of three (3) hours. This project is very unique and should not be subject to the same standards as a business which is operating on a daily basis from 9:00am to 5:00pm. Based on the unique conditions of the proposed project, it is necessary for the City to allow RP 94-05 -Staff Report August 17, 1994 Page 3 exceptions to the noted standards, specifically on-site parking requirements, in order to ensure that the project is feasible. It is anticipated that the proposed market will have a positive impact on the Village Redevelopment Area by offering a unique shopping opportunity for local residents and tourists. 3) The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. The proposed Certified Farmer's Market will operate one day a week for a maximum of three (3) hours per week. A Market Manager will be hired to operate the market in a manner which prohibits any activity which might be injurious or materially detrimental to the public welfare, other properties or improvements in the Village. A security guard will also be on duty during the hours of the market. 4) The granting of an exemption will not contradict the standards established in the Village Design Manual. The proposed use is consistent with the Village Design Manual. Uses allowed within this area are those which are allowed by the C-2, C-1 and R-P zones. Florist shops and fruit stores or other food markets are all allowed within the noted zoning. The Village Design Manual requires that adequate provisions for off street parking be provided when any building or structure is erected, enlarged or intensified in use. Although no structure is being erected, enlarged or intensified, a public parking lot will be used temporarily for a retail operation which results in an intensification of use and a loss of public parking. However, since there is adequate public parking within 300 feet of the proposed market, there will be no negative impact on access to other businesses, the beach or other attractions within the area. The granting of the noted exemptions will not contradict the standards established within the Village Design Manual because this is only a temporary modification of land use. In granting exceptions/exemptions, the Board/Commission may impose such conditions as necessary to protect the public health, safety and welfare. IV. GENERAL PLAN CONSISTENCY The project is consistent with the goals and objectives of the various elements of the General Plan because it assists in the City's/Redevelopment Agency's effort to create a strong pedestrian orientation and foster a community concept. The noted use creates an opportunity for residents and/or tourists to shop for locally grown fresh vegetables, fruits and flowers in a casual environment which is beneficial to the continued revitalization of the Redevelopment Area. Due to its location, the proposed market will attract pedestrian traffic from surrounding residential RP 94-05 -Staff Report August 17, 1994 Page4 areas, time share/hotel units, surrounding businesses and the new Commuter Rail Station which • is encouraged in both the General Plan and the Village Design Manual. V. PARKING ANALYSIS The issue of primary concern with most projects in the downtown area is parking. As stated previously, the proposed site for the Farmer's Market is a public parking lot; use of the lot would result in the temporary loss of approximately 55 public parking spaces. However, a second public parking lot is located within less than 100 feet which contains another 55 spaces. Therefore, although the concern for parking is often valid, it is staffs opinion that there is adequate public parking within close proximity to the site. Since the proposed use is only temporary and will not intensify the use in such a manner as to have a significant impact on public parking lots within the area, the existing parking is satisfactory under the provisions of the Carlsbad Municipal Code Title 21. VI. ENVIRONMENT AL REVIEW Since the project is a temporary minor use, the Planning Director has determined that the project is exempt from environmental review as stated in Section 15304(a) of the California Environmental Quality Act. VII. CONCLUSION Staff is supportive of activities which will. encourage pedestrian traffic in the Village Redevelopment Area as well as offer a unique shopping opportunity for local residents and tourists within the Village. The proposed Farmer's Market offers a very unique shopping experience and assists in the effort to create a Village atmosphere within the downtown Redevelopment Area. Since the proposed Farmer's Market will be the first of its kind in the Village Redevelopment Area, staff is recommending that the project be approved on a conditional basis for a limited period to offer the City/Redevelopment Agency the opportunity to assess the project's impact on the area. The conditions are outlined within the attached resolution and include the following: • The boundaries of the Market shall be limited to the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and Grand A venue. The total number of booths/ spaces shall be limited to the number RP 94-05 -Staff Report August 17, 1994 Page 5 (32-33) indicated within the application. The total number of booths/spaces shall not be increased without an amendment to this major redevelopment permit. • Product sales must be limited to fresh agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Non-produce items such as dried fruit, juice, dried beans, meat and dairy products may be sold if the producer has proof that he/she grew, raised, collected or caught the product. The market must not be used to sell commercially produced products. No booths for crafts, antiques, or other retail items shall be permitted. An informational booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures maps, etc. for other merchants within the area, including restaurants. • A complete set of "Farmer's Market Rules and Producer Agreement" must be submitted to the City for review and approval. The rules must include information on clean-up and set-up, vendor parking locations, signage, and disposal of waste. • The Village Business Association shall be solely responsible for the set-up and clean-up of the event. These responsibilities include posting of signs as well as trash collection and disposal. Any damage to the parking lot(s}, landscaping or irrigation shall be repaired by the City but must be paid for by the Association (as sponsor of event). • The Village Business Association shall provide at least one security guard which shall be on duty at all times during hours of the market. • A complete signage plan (which includes dimensions, type, and location of signs) must be submitted to the City for review and approval. • The Association will be required to provide commercial general liability insurance including claims for injuries to persons or damage to property which may arise. This insurance shall not be less than $1 million, combined single limit per occurrence for bodily injury, personal injury and property damage. This shall be primary insurance and shall include an endorsement to the policy naming the City of Carlsbad, its officers, and employees as additional insureds. The certificate of insurance, including additional insured's endorsement, must be received by the City at least ten (10) days prior to the start of market operations. • "No parking signs" must be posted 72 hours in advance of event. The Village Business Association shall be responsible for posting the signs. • The initial permit shall be approved for a trial period of six ( 6) months in order to assess the impact the market has on the Village area. At the end of the six (6) months, an assessment/progress report will be submitted to the Design Review Board and Housing RP 94-05 -Staff Report August 17, 1994 Page 6 and Redevelopment Commission for review. Based on the assessment, a decision can be made to either extend or terminate the redevelopment permit. EXHIBITS: 1 -Design Review Board Resolution No. 215 recommending approval of RP 94-05 for a Farmer's Market in the Village Redevelopment Area. 2 -Location Map. 3 -Site Plan. 4 -Project Description with Disclosure Statement CARLSBAD VILLAGL.. FARMER'S MARKET EXHIBIT 2 EVERY WEDNESDAY FROM 3:00PM TO 6:00PM N SPONSORED BY THE CARLSBAD VILLAGE BUSINESS ASSOCIATION 32 spaces total 15' X 25' spaces W E Out•bad Ylllag• r., ....... Mark•! Sign W«ln...tay 3pm-epm tu 1 UJ a: r-:, 9 cnx -p !:i OJ 0 17 wx 9. =t' > w (/) 0 25 0 a: C.rt-d v;11a9• Fumer'e Mark•t w .......... , Sign 3pm • 6pm Signs: GRAND AVENUE 2 3 4 5 6 7 10 1 1 12 13 14 15 18 19 20 21 22 23 26 27 28 29 30 31 Public Parking Lot (55 Spaces) CARLSBAD VILLAGE DRIVE 4 -3'X4' Double Sided Valet 1 -2'X8' Banner (on Info Booth) X = Barri cad es s 8 16 24 )> r r m -< 32 . Cl) • ~ : o· <(: Cl a: . z I-. ~ PUBLIC PARKING • a: 0 . <( -----t • a. <( : 0 0 . ::J a: • CD -----■1 _J • ::, -• a. <( : a: . . . . . . . . . • Cl ·z :~ . a: • <( a. 0 ::J CD ::> a. tu w a: I- C/) w ~ I- C/) LJ I ___ GRAND AVENUE lij w a: I- C/) ~ w Gj· Cl) 0 0 a: CARLSBAD VILLAGE DRIVE CITY OF CARLSBAD II CARLSBAD VILLAGE FARMER'S MARKET EXHIBIT 3, SITE ~-=--------....,.--t ·---- PUBLIC PARKING I .a N W --:! ---~ E "" s RP 94-05 JI t? EXHIBIT 4 car11b1d VIiiage Farmers' Market 2n4 Jefferaon Street Carlebad CA 92008 Phone (811) 120 .. 1111 Fax (911) . 720-9520 Market Manager Cynthia 8ueker The Carlsbad Village Farmers' Market Is certified through the State of California Department of food and Agriculture and has been organized to benefit both the farmer and consumer. The market is operated by the Carlsbad Vtnage Business Association (CVBA) . a local noll-proflt organization. Markets are held g.JGry Wednesday, rain or shine. from 3:00 P.M. to 6:00 P.M., in the mid-block public parking lot on Roosevelt Street. between Carlsbad Vntage Drive and Grand Avenue in the Village of Carlsbad. Sellers should arrive by 2:45 P.M. so they may be set up and ready to sen promptly at 3:00 P .M. No sales m~y take place before 3:00 P .M. 1. A producer is defined as anyone with proper proof that they are selling what they grew, collected, raised, or caught. Each vendor of certlfiabJt am~u.llutal products must obtain a Certified Producers Certificate, endorsed by the San Diego Agrleultural Commissioner. from the State of California of Food end Agrlcunure. They have offices .In Vista (945-4043), San Diego (894--2739) • Fallbrook (728-7488), and Ramona (738-2436). Certifiable agrtunurat products Include fresh fruits, nuts, herbs, vegetables, eggs. honey, cut flowers. and nursery stock. Non-cert!Hablt. ag[jcuttural pr~, such as dried fruit, Juic11, dried beans. meat, flSh, and dalry products may be sold, provided the producer has proof he grew, raised, coffected, or caught the product. A processed product that originated from a fresh certifiable product must have the fresh product listed on a Certified PrOducers Certificate. For example, a vendor of apple juice must be certified for app1es. NQa-agricultural grgg~, commercially produced products such as bakery goods, and craft items may not be sold at the market. Products sold as organic, naturally-grown, pestlcide- free, etc. must be certified or registered as such by the proper agency. In addttion to their Certified Producers Certificate, sellers of nursery stock and flowers need a State of California License to sell nursery stock. Avocado growers will need additional certification from the State Avocado Inspection and Certmcatlon. available In Escondido (743-4712) and FaUbrook (728-1817). Sellers of taxable Items (including plants, flowers. and other non-food items) must have a saffers permit (Resale Number) from the State Board of EquiHzatJon (744-1330), and are responsible for coflecting sates tax. 2. Sellers must post, In a visible place, an embossed photocopy of their original Certified Producers Certificate, which lists .all the commodities being sold by the producers. As required by the State Department of Agriculture, the embossed certificate must be dJsplayed at pOint of safe. Non- certlfiable producers must also have aH required certificates, llcenae&, and permits displayed. Copies of all required documents, a signed copy of the market rules, a hold harmless agreement, and proof of current liability Insurance must be on fife with the rnar1cet manager. 3. All products sold must be of reasonably high quality and meet the requirements of the California Food and Agriculture Code. Poor quality products hurt the market as a whole, and the manager reserves the right to halt sales of any product. Quality control may also be regulated by the appropriate agency of the Department of Agriculture and/or a Carlsbad Village Farmers' Mar1cet Quaffty Control Commtttee. 4. Products may be sold by the producer, a member of his Immediate family, or a paid employee. Employees cannot be paid on a commissiOn basis: they must receive a regular salary. One certified producer may sell for up to two other certified producers, provided aH certificates are posted, and all products are separated so they can be identified by their certificate(s). The certified producer selling for other certified producers must also sen his or her own product . The market manager must also have written permission that the certified producer selling for other certified prOducers has authorization to do so, and be Informed in advance that a vendor win be set11ng for another certified producer. A non-certified producer may not sell for any other producer. •. 5. All prices must be posted and clearly visible to consumers. If products are to be sold by weight, the scale must be sealed with a current yearly stamp by the County ~ealer of Weights. All products sold in prepackaged, closed containers must be labeled with the common name of the product, name and address of producer including ;zip code, and a declaration of net quantity. Selllng space is to be determined and assigned by the market manager, and must be maintained In a clean, safe, and sanitary manner. Producers offering samples must make sure a trash receptacle is available. All items to be sold must by placed at least e inches off the ground. At the close of the market. sehers are required to thoroughly clean up their stan area and take all trash wjth 1hi111 6. To secure a place to sell, a producer must contact the manager no later than 7 P.M. Monday, or by indicating so on their previous week's load list. Producers wm be admitted to the market as space allows. Any and all certifiable and non-certifiable agricultural products may be sold at the market. Please notify the market manager if you wm be saning any new or different products. The market manager reserves the right to assign stalls to create a mix of agricuitural products in the market. Producers or therr representatives must notify the manager before 9 A.M. Wednesday If they cannot be at the market as scheduled. In the case of an emergency, notification immediately after the market is required. Load Usts must be completely filled out and the market fee of six percent (6%) of gross sales (minimum $5) paid to the market manager. Each producer wlll be Issued a receipt weekly. 7. Producers and their representatives are responslbJe for conformance to all local, state, and federal laws. No animals are allowed in the market expect seeing eye dogs. Consumption of alcoholic beverages if forbidden on the market premises. The market manager and any other assigned agent has the right to issue warnings and take appropriate action, Including auspension and expulsion form the market, against any partieipating producers/representatives who violate these market rules and other reguratlona and Jaws. I HAVE RECEIVED, READ, AND AGREE TO FOLLOW THE RULES OF THE CARLSBAD VILLAGE FARMEmf MARKET. Signature of Producer Oat• Print Name Name of Company EXHIBIT B CARLSBAD VILLAGE FARMERS' MARKET SIGNAGE PLAN The proposed signage for the Car1$bad Village Farmers' Market Is as follows: 1) Signs 11 and #2 would each consist of a 3' X 4' double sided valet sign.: ~t ground level, each with the message •carlsbad Village Farmers' Market 3 P.M. to 8 P.M. Wednesday-with an arrow. Sign #1 woufd be placed at the northeast corner of the Intersection of Carlsbad Vlnage Drive and Roosevelt Street. Sign #2 would be placed at the southeast corner of the intersection of Grand Avenue and Roosevelt St. 2) Sign 113 would consist. of a 2' X 8' one sided banner, with the message ·Carlsbad VIiiage Farmers' Market a P.M. to 8 P.M. Wednesdays. Sponsored by the Carlsbad Vlnage Business AssociatiOn• . It would be suspended above the informatk>n booth located at the entrance of the market on Roosevelt SI. 3) Parking signs are needed to Indicate the Market lot Is closed to public parking on Wednesdays. fdearty. permanent signs could be placed In the Market lot. The c:NSA is open to Input from the appropriate city departments on this matter. City of Carlsbad -:.l6i,ii 11 ,f•■•l4•Ebi,,f?ihi DISCLOSCRE ST.A. TEMENT .i?C•_ C.).N':'"S $':'.l-:\4E',~ :F :'.sc:.:s1..F1e OF CERTAIN OWNERSt,jlP ,,,.'TE;::lESTS CN ALL A?D'...:CA':':CNS N ... •C;. NII.L =e-=1..-=e :,sc;::~·CN.).i=IY ACT:CN :::N ".';..E :IA;:IT CF TI-4E crrv CCI..NCIL CR ANY APPOtNTEO 8CARO. CCMMISS1CN ~Fl ::i.. ... rree . p:ease PN1tJ The fellowing informAtion must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. SE.E A:rrP..C?HNENT :tt l 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names arc addresses of all individuals owning more than 10% of the shares in the corporation or owning any panr.ersr.:: interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the narr.es arc addresses of any person serving as officer or director of the non-profit organization or as trustee or ber.efic:ar-1 of the trust. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1 1 61 Z-1 Disclosure Statement Page 2 s. Have you had rrcre tt"an S250 worth or business transacted with any member or City staff. :ca~:~ Comm1ss1ons. Comrr.;~ees and Council within the past twelve months? Yes _ No ..X.. lf yes. p1ease indicate person(s) ___________________ _ Otrso" ,, dtfi"•d u: 'Ar,y '"div•dual. firm. c:opaMtrsl\,o. JO<"t vt11ture. u,ociatJo". toc,al club. frattff'al 0r;an1zat10". coroorat1O". utata :r•411_ ~r. •Y"d•cata, u,,, and 1ny ou,ar cou"l'f• city and co1.1nty. city mun,c,i;iallty. d11tr1et Of 011,tr 1>011t1cal 11.1bdN111on. or any O11\ar ;ro .. o 0r coma,nauon 1c11ng u • 1o1nrt.1 (NOTE: Attach additional pages as necessary.) Signature of Owner/date CIT'{ OF CARL~e,i'D /REDEVEl.cPME"'JT Print or type name of owner ,V:"::.ENC.'{ FRM00013 8/90 Sign ure of applicant/date LAp.R'f s H E.~R / Co -CHA\RPeR~N CAAL~foAD 'vlL.l...A'-€ &J~1N~~ A.~~•ATIO,J Print or type name ot applicant