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HomeMy WebLinkAboutRP 94-05; Carlsbad Village Farmers Market; Redevelopment Permits (RP)1) .APPUCATIONS APPUED FOR: (CHECOOXES) OTY OF CARLSBAD LAND USE REVIEW APPUCATION FOR PAGE I OF 2 (FOR DEPT USE ONLY) • Master Plan • Specific Plan • Precise Development Plan • Tentative Tract Map • Planned Development Permil • Non-Residential Planned Development • Condominium Pennit • Special Use Permit [g' Redevelopment Permit • Tentative Parcel Map • Administrative Variance • General Plan Amendment Q Local Coastal Plan Amendment • Site Development Plan • Zone Change • Conditional Use Permit • Hillside Development Permit • Environmental Impact Assessment • Variance • Planned Industrial Pennit I ^g^oastal Development Pennit • Planning Commission Determination • list any other appUcations not spediiced TCR 3Lr- •JSE O.V_Y^ 2) LOCATION OF PROJECT: ON THE Alloy t^a^T•TQQT^ SIDE OF (NORTH, SOUTH EAST. WEST) Old SanteQ Fa Doporr (NAME OF STTIEET) BETWEEN Carlsbad VillagePr. AND Grand Ave. (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION (NAME OF SmEET) 3) BRIEF LEGAL DESCRIPTION: _ j Parking lots on both si Parking lots on both sides of old Train station 4) ASSESSOR PARCEL NO(S). 5) LOCAL FAQLTnES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBEROF RESIDENTIAL UNITS VP. 6) EXISTING GENERAL PIAN DESIGNATION 9) PROPOSED ZONING 12) PROPOSED NUMBER OF LOTS 7) PROPOSED GENERAL PLAN DESIGNATION 10) GROSS SITE ACREAGE 13) TYPE OF SUBDIVISION (RESIDENTLU COMMERCLM INDUSTRLU) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMERCLVL SQUARE FOOTAGE NOT^- A PftOPOCT PROJBCT RBQQDUrtt THAT ft•JLTIPUAITOC/m0^8 Be FILED RECyjIKING THAT QM:y QNE AmiCAllQNE£nLIDiaJSrfiESUBKrnm F7LM00016 8/90 CITY OF CARLSBAD i LAND USE REVIEW APPUCATION rCR.M^ P.AGE 2 OF 2 17) PERCE.NT.AGE OF PROPOSED PROJECT IN OPEN SP.*LCE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NA.ME: 100% Carlsbad Village Certified Farmers Market BRIEF DESCRIPTION OF PROJECT: selling of fre/sh nroduce in downtown on each Wednesday afternoon^ S^C>Tr\ T.'.OOorr^ '-h^ ^:C£>DM (fi^PRiL. - Cx^^ ' 22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF OTY STAFF. PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS. OR CnY COUNQL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THLSUBJECT OF THIS APPUCATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE Ddh SIGNATURE 23) OWNER 24) APPUCANT NAME (PRINT OR TYPE) C\TM OF CARLSeAD NAME (PRINT OR TYPE) Carlsbad Villaee Business Association .MAIUNG ADDRESS IZ.OO CARL.Sja/0 ViuJ\<kG Q?iV€ MAIUNG ADDRESS 2774 Jefferson St. cnY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Cai/lsb^d, CalifiC9^£S\ 1 CERTffY THAT I AM THE LECAL OWNER MiO THAT ALL THE ABOVE INFORMATX3N IS TltUE ANO QQJUIECT TO THE BEST Of MYKNOWIEDCL SIGNATURE DATE aLGf(ATURE / DATE FQR CriY USE ONLY FEE COMPUTATION: APPUCATION TYPE FEE REQUIRED 1 TOTAL FEE REQUIRED DATE FEE P.AJD *^ <^ * ^ -' JUN 2 2 mk CITY OF CARLiSBAP DA RECEIVED BY: RECEIPT NO. Citv of Carlsbad lartmenf- DISCLOSURE ST.\TEME.NT iPO«_;c;i,VT s STA-£MSNT CP TiSCLCSUPE OF CEPTAIN CWNgflSHlP INTEPESTS CN ALL APP'jCATiCNS ATHICH A'ILL S£CL == w.SCSETiCMAPY ACT:CN CN THE 3ART CF THg C.TY COUNCIL OR ANY APPOINTED BOABO. COMMISSION CP CCMMrrSE r ease Pr nt) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. TT-n T, • ». . . Carlsbad Village Business Association riarlshad Village Buomooo A330&iation o-?-?/ T CX: Z 2774 Jefferson Street Carlsbad, Calif. 92008 Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Citv of Carlshad , 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an; addresses of all individuals owning more than 10% of the shares in the corporation or owning any paanersn:; interest in the partnership. jf/A : If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names arc addresses of any person serving as officer or director of the non-profit orgainization or as trustee or beneficiary of the trust. ^-3 Jop Mnntfis- TrpgnrPi- TVT^A • CX^^^ 2774 Jefferson StrPPf (JD' ^ Carlsbad, Calif. 92008 ^i0^^ K qFF. ATTArWMTTATT //] FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1 i6i Disclosure Statemerrt Page 2 Have you had mere than S250 worth of business transacted with any member of City staff. Bear Commissions, Committees and Council within the past twelve months? Yes No _x_ yes. please indicate person(s) e^raon it defined 4s: 'Any individual, firm. eop«ftn«rsnip. joint v«mur«. BMOciation. toeiBi club. frBtBrnai orgsniZBtion. corporation. :'.s: r«c«iv«r. syndicat*. thia and any othar county, ctty and county, city municipality, diatnct or othar political tubdiviaion. or any sthar ;r:uc zf comomation acting aa a unrt* (NOTE: Anach additional pages as necessary.) Signature of Owner/date /<^^Cr , Signature of applica^t^ate Print or type name of owner Carlsbad Village Business dissociation Print or type name of appiicant FRM00013 8/90 Citv of Carlsbad lartment^ DISCLOSURE ST.^TE.ME.NT iPCL:CA.^^^ s 3*A"=V£ST CF C'SCLCSUPE OF CERTAIN CWNEPSHIP INTSPESTS CN ALL APP<.:CAT;CNS -VHICH ^ILL =ECL == CSCPE^iCNAPY ACT:CN CN 'HE ^AflT CF THE CTY CCLNCL OR ANY APPOINTED BCAflO. CCMMlSSlCN CP CCMMrr== r ease Pr nt) The following information must be disclosed: 1. Applicant List the names and addresses of ail persons having a financial interest in the application. r.rlsht^ri Villago Buoincoo AaaociaLlon Carlsbad Village Business Association 2774 Jefferson Street Carlsbad, Calif. 92008 Owner List the names and addresses of all persons having any ownership interest in the property involved. Citv of Carlshad ; l?r?Q CARL-seAO vwi^^g Qf^tvg If any person identified pursuant to (1) or (2) above is a corporation or pannership. list the names ar addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannersr; interest in the partnership. :— : If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names arc addresses of any person sen/ing as officer or director of the non-profit orgainization or as trustee or beneficiary of the trust. Jge Montfis- TresiirRr CVBA . 2774 Jefferson Street Carlsbad, Calif. 92008 1^ FRW00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161 LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 1) .APPUCATIONS APPUED FOR; (CHECK BOXES) (FOR DEPT USE ONLY) • Master Plan • Specific Plan • Precise Development Plan • Tentative Tract Map Q Planned Developmenl Pennit Q Non-Residential Planned Development • Condominium Permit Q Special Use Permit (3^ Redevelopment Pennit • Tentative Parcel Map • Administrative Variance • General Plan Amendment Q Local Coastal Plan Amendment • Site Development Plan • Zone Change • Conditional Use Permit Q Hillside Development Pennit Q Environmental Impact Assessment • Variance • Planned Industrial Permit • Coastal Development Permit • Planning Conunission Detennination Q List any other applications not specificed ~CR ZzJT 2) LOCATION OF PROJECT: ON THE Allpy hpfTiTPPn SIDE OF (NORTH, SOUTH EAST. WEST) Old Santa FQ Dopof-- (NAME OF STREET) BETWEEN Carlsbad VillageDr. AND Grand Ave. (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: (NAME OF STREET) Parking lots on both sides of old Train station 4) ASSESSOR PARCEL NO(S). 5) LOCAL FAQUTIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBEROF RESIDENTLAL UNITS VP. 6) EXISTING GENERAL PLAN DESIGNATION 9) PROPOSED ZONING 12) PROPOSED NUMBER OF LOTS Ce>D 7) PROPOSED GENERAL PLAN •— ' DESIGNATION ' 10) GROSS SITE ACREAGE 13) TYPE OF SUBDIVISION (RESIDENTIAL COMMERCL»J, INDUSTRIAL) 14) NUMBER OF LXISTING RESIDENTLAL UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMEROU SQUARE FOOTAGE NOTE: A PROPOSED PROJECT RBQODUNG THAT MULTlPUt APfUOOlONJ W FILED lAET BS SISMTTED 11UQK.TO 3:30 PJfcC A PROPOSED PROffiCI REQUtWNG THAT Or<Ly06« APPUCAIION BE Film ifliSr BE SUBMmroPRI^ R.M00016 8/ 90 LAND USE REVIEW APPUCATICN ?CRM PAGE; :F 2 17) P£RCE.NT.\G£ OF PRCPOSED PROJECT IN OPEN SP.ACE IS) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNfTS 19) PROPOSED I.NCR£.ASE IN AVERAGE DAILY TRAFFIC 100% 20) PROJECT NAME: Carlsbad Village Certified Farmers Market 21) BRIEF DESCRIPTION OF PROJECT: selling of fr^sh produce^ in downtown on each Wednesday afternoon^ :^>.COpm 4r. ^:^p^ ^/VPg.^^Q^^ 22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS. OR CITY COUNQL MLMBERS TO INSPECT AND E.NTER THE PROPERTY THAT IS THLSUBJECT OF THIS APPUCATION. l/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE 23) OWNER 24) APPUCANT NA-ME (PRINT OR TYPE) C\T^ OP CARLSeAO NAME (PRINT OR TYPE) Carlsbad Village Business Association MAIUNG ADDRESS 12.00 CARi,36/0 VlLUKdG Q?lV€ MAIUNG ADDRESS 2774 Jefferson St. CITY AND STATE ZIP TELEPHONE Gar\o Dcaa 1 Ca - ^ '2-oos - Z8i5 CITY AND STATE ZIP TELEPHONE Carlsbad, Calif. 92008 I CEATITf THAT I AM TME IZCAL OWNOl AjiO TOAT AU. TOE ABOVE INFORMAnON IS THUE ANO OQJWfCT TO THE BEST Of .MY KNOWLEDGt SIGNATURE DATE 1 cnmrr T«AT I AM THE CECAL OWNER-I R£PMSE>frATivE AND THAT AUTHE ABOVE CNPORMAnON IS TRUE AND CORMCT TO THE BEST OF KY KNOWLEDGE. a.GfiATUR£ DATE FOR CITY USE ONLY FEE COMPUT.ATION: APPUCATION T(?t FEE REQUIRED TOTAL FEE .REQUIRED DATE FEE ?.*JD - -5 rTw->' RECEIVED BY: RECEIPT NO. PROJECT DESCRIPTiON/EXPLANATinN PROJECT NAME: _ Carlshr^d VUI^^P CprM-f-ipH v^^^^<. M^rV'-r APPLICANT NAME: Carlsbad Village Business Association Please describe fully the proposed project. Include any details necessary to adequately explain the scope anc/or operation of the proposed project. You may also include any background infbrmation and supporting statements regarding the reasons fcr. cr appropriateness of. the application. Use an addendum sheet if necessary. Description/Explanation. See Attached R«v. 4/91 3 - PfOjOeac.fr.-n .C»e.'; Disclosure Statement Pag^ 2 Have you had mere than S250 worth of business transacted with any member of City sta^f. 8: Commissions. Committees and Council within the past twelve months? Yes No _x. yes. please indicate person(s) °«r»on <• dafinad aa: 'Any individual, firm, copartnarship. joint vantura. aaaociation. socsaJ dub. fratamai ofgimzatjon. corscfttion. esutt f ,s; '•caivaf. jyndicata. thi« and any othar county, crty and county, crty municipalrty. distnct or othar poirtjcal lubdivition. or tny othar -rz^.c zr comomation acting aa a unrt.* (NOTE: Anach additional pages as necessary.) ^ <1^^^^^0 Signature of Owner/oate " j Signature of applic 3^'<~ 'r)li-./c,H of applicant/date' Carlsbad Village Business Association Print or type name of owner Print or type name of applicant FRM00013 8/90 J ^ANT/^£ KOUTE Fonm 1<|e-B SWr><tpd o ^Pibuqu.rauo (Apprtad bf Umill auUUUui)— HUwrqUQ ^ LEASE OF LAND (Short Term) THIS LS^, Made as of the 1^V[L day of Optobgr 19 J2. bctwecn_.T»EJiX.(35IS.ai*..TgPMA...Al5^^ a.._ - JKajaaaa.-.;- - corpor , ^1 "), and CITY OF CARLSBAD ' (hereinafter, whether one party or more, called "Lessee"). WniTESSETH, Tbat the parties hereto for the considerations hereinafte >as foUows: 1. Lessor hereby leases to Lessee, subject to the rights and easements hereinaf j;er excepted and reserved,'and upon the temu and conditions heremafter set forth, the land (hereinafter called Tremises") situated at ^ near .CorUbed.. .., County of. St^^X'HESLx^^ State of..- ^Q^^.ojt.nia, , outlined in red coloring on the print hereto attachec Nf> ;L>VI96I6 , dated. QRti?\^_$,^2333,^ ; " marired "EsAiSbiA A.** and made a part hereof, for a term beginning on ^Qc*9iifIL-k^i , ift 53 and ending wtei this lease shaU be terminated as hereinafter provided. 2. Lessor hereby excepts and reserves the right, to be exercised by Leasor and by any othen who Have obtaia«d or may obtain permission or authority from Lessor so to do, (a) to operate, maintain, renew and relocate aay and all existing pipe, power, and communication lines and appurtenances and other facilities of like character uixm. over or under ue avzfaee of the Premises; and (b) from time to time to c(»9thict, operate^ znaintabii renew and nloeate such additioEEsl fadfities of the same character as will not unreasonably interfere with the use of the Premises l>y Lessee for Uie purpose specified in paragraph 6 hereof. 3. Lessee shall pay to Lessor on or before the first day of each period of one year daring the oontimianoe of this lease as rental for the use of the Premises for such period, a-sum-eqtw^tomi pei ceut (0%) 'w the fair rental "vahie ef thrPremto^ but not lm thim : PAibmi (y j Fbr'the pnrpouuu ofi3iis'iease thB-fairTental-valuet)ftiie-Premi3ea at the effective date liewif Is agieed to beL-jzziL ^ .....^ JoUaiB (I . -^—'h and the initirf lental shaU be..0?IA.,an4..Np^QQ..-:. --.„Ti-jr...-..-..T....-...-..!:..Dollar8($...liiQQ..-.^ per annum. Suoh fair rental value shall be inereased from time to time by the amount of any govemmental charge or assessment (except general propo-ty taxes) payable on account of or in respect to the Premises for the construction of public improvements. 4. Lessee covenants and warrants that Lessee either owns, or has obtained from the owner or owners thereof the right to use, any improvements now on the Premises shown or described on said Exhibit A as "Leasee's ^«^«*^"e Improvements." Such improvements, if any, together with any other improvements hereafter placed upon tbe Premises by or for account of Lessee are hereinaft^ caUed "Lnprovements." 5. Lessee shall pay before the same become delinquent all taxes, charges, rates, and assessments whieh may, during the term of this lease, be levied upon, or astossed against, or be equitably chajHSeable to or assessed in respect of the Improvements; and where any such tax, rate, charge, or assessment may be embraced in the general amount of taxes d^arged upon the Premises separately or in connection with other property of Leasw and Lessor riudl pay aU of said taxes, then Leesee shall promptly repav or refund to Lessor the amount or part of the tax, charge, rate or assessment equitably or fairly apportionable to th6 Improvements. 6. Lessee ahall use the Premises exclusively as a site fnr parking autcnobllafl> ;j 7. Lessee shall keep and maintain the Premises and Lnprovements in such safe, sanitaiy, and sightly conditioQ as shall be satisfactoxy to Lessor-, and, if required by Lessor,, shall paint the Improvements with Qaiots 9f a color approved by Lessor; and if Lessee fuls or refuses within' fifteen (15) days after receipt df anv reqtiest\)y Lesedr-so to do, Lessor maw^- at its opti<», perfonn such work/ and in suoh event Lessee shall within thirty (30) days after the rendition <^ Isir-therefor reimburse Lessor for the=c^ . - ' . • .r::- 8. In using the Premises, and in constructing, maintaining, operating and using the Improvements thercirn, Lessee shall comply with any and all requirements imposed by federal or stAte statutes, or by ordinances, ordtrs,' or regulations of any governmental body having juriadiction thereover. In the event the Premises or Imprcre^ ments shall be used for tke loading, unloading, storing, or otherwise handling of any petroleum products. Lessee shall comply with all regulationa and recommendations from time to time promulgated by the Bureau of £3q>losrres of the Association of American Railroads, or any successor agency. All artificial lighting in pump houses, wardiouso, or other enclosures upNDn the Premises, where oil or other innammable fluid supplies are handled or stored by Leasee, except in unbroken originai containers, shall be by electricity, and such electrical installation and any other electriral installation upon the rTezni<es shall at all times conform to and be maintained in accorduice with the provisions of the then current edition of- the National Electrical Code with respect to Class I hazardous locations. Lessee B>A1| promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or suffered or permitted to be done, by Lessee on the Premises, and Lessor is htrthy authorized to poet any notice? or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attach- ment of any such liens to the Premises; provided, however, tbat failure of Lessor to take any such action shall not relieve LessK of any obligation or liability under this or any other paragraph hereof. 9. Lessee shall at all times keep a space of sue (6) feet from the nearest rail of any railroad track entirely dtai* of structures, material and obstructions of every sort and shall observe an overhead clearance of not less than tweniy-. five (25) feet above the top of rail; but, nevertheless. Lessee may erect loading platfonns which shall hot be more three (3) feet and sue (6) inches higher than the top of the rails, and which at no point shall be nearer than four (4] feet to the nearest side of the head of the nearest rail of such trade; provided, however, if by statute or order of can- petent public authority dif erent clearances shall be required, then Lessee shall strictiy comply with such statute oi order. 10. L^see agrees to indemnify and save hannless Lessor'against all loss, damage or expense which Lessoi may sustain, incur or become liable for, including loss- of or damage to propeity^v-injuiy io -or-death- of perssns and fines or penalties imposed upon or assessed against Lessor, arising in any manner out of (a) the uae of the Premises or Improvements by L^see, (b) any breach by Lessee of the terms, covenants or concUtions in this instniment oan- tained, or (c) the sole or contributing acts or omissions of Lessee or the employes, agents, patrons or invitees of Lessee in, on or about the Premises or Improvements, except that if Lessor shall partidpate.in any such contributing acts or omissions, then the loss, damage or expense arising therefrom shsJl be bome by the parties hereto equally. 11. Neither Lessee, nor the heirs, l^al representatives, sucoessOrs or assigns of Lessee, nor any subsequmt assignee, shall underlease or sublet the Pranises or the Improvements, or any part thereof, nor asngn or itww«f»r this lease or any interest herein, without the writtoi consent and approval in eaoi instance of. Lessor. 12. In case of the eviction of Lessee by anyone owning or claiming titie to or any interest in the Premises, Lessor shall not be liable to Lessee for any damage of any nature whatsoever, or to refond any rental paid heraonder, except the propOTlionate part of any rental paid in advance. 13. Hany rental hereunder shaU be due and unpaid, or if default diaU be made in ai^ of the cove agree> ments of Lessee herdn contained, or in case of any assignment or tiansfer of this leaseoy operation of law, I^easor may, at its option, tenninate this lesse by serving five (5) days' notice in writing upon Leesee; but any waiver by Le^r of any default or de&ults shall not constitute a waiver of the rig^t to tenninate this lease for any subeequmt default or defaults. 14. This lease may be terminated at any time by either party by serving thirty (30) dayi' written notioe of termination upon the other party, stating therein the date that such terminatiim shall take place, and upon the sc- piration of the time specified in such notice this lease and idl rights of Lessee hereunder shall aMolutely ce&se &ad detemiine; but upon any 5<ich tennination Lessee shall be entitled to have refunded by Lessor a proportionate pirt of any rentals paid in advance. 15. Any notice to be given by Lessor to Lessee hereunder shall be deemed to be properly serveid if the same be delivered to Lessee, or if left with any of the agents, servants or employes of Lessee, or if posted on the Premises, or if deposited in the Post Ofice, postpaid, addressed to Lessee at Cjga:labad^:.CjSLlif PXni&ii. 16. Upon the tennination of this lease in any manner herein provided. Lessee shall forthwith surrender to Lesor the possession of the Premises and shall remove tiie Improvements and restore the Premises to substantially the state in which they were prior to the constmction of the Improvements, and in case Lessee shall fiSl within thirty (30) dayB after the date of such termination to make such removal or restoration, then Lessor may, at its election to be exerdsed within thirty (30) days thereafter, either remove the Improvements and restore the Premises for the accoimt of Lessee, and in-such event Leesee shall within thirty (30) days after the rendition of bill th^or reimburse Les»r for the cost so incurred, or may take and hold the Improvements as its sole properfy. . ~ » 17.^533 Sec.-e.*cry, 7! 2 \ 5«iU Fe Ori^al COMMgRCIAL LAMP LEASS THIS LEASE, made as of the Ist day of May 1986, between THE ATCHISOtf, TOPEKA AND SANTA FE RAILWAY COMPAHY, a Delaware corporation (hereinafter called "Lessor") and CITY OF CARLSBAD, (hereinafter, whether one party or more, called "Lessee"). WITNESSETH: For and in consideration of the rental and of the covenants and agreements hereinafter contained, the parties hereto agree as follows: c 1. TERM Lessor hereby leases to Lessee, subject to the rights and easements hereinafter excepted and reserved and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near Carlsbad, County of San Diego, State of Califomia, as described or shown on print hereto attached, No. 1-04944, dated December II, 1985, marked Exhibit "A", and made a part hereof, for a tera beginning on May 1, 1986, and continuing thereafter on a month-to-month basis, unless or until this Lease shall be terminated as hereinafter provided. 2. EXISTING FACILITIES Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any others who have obtained or may obtain permission or authority from Lessor so to do, to: (a) Operate, maintain, renew and relocate any and all existing pipe, power and com- munication lines and appurtenances and other facilities of like character upon, over or under the surface of Premises; and (b) Construct, operate, -maintain, renew and relocate such additional facilities of the same character as will not unreasonably interfere %fith Lessee's use of Premises as specified in Section 6 hereof. 3. RENTAL AND RENTAL ADJUSTMENTS Lessee shall pay to Lessor for the use of the Premises rental as follows: "(a) Subject to Subjection 3(c) below, the base rent shall be Six Hundred Sixty-Five and No/100 Dollars ($665.00) per month payable, for convenience only, annually in advance without demand. Said base rent shall be adjusted annually in Rev. 1/86 (M40m/CD6) -I- on said Exhibit "A" as "Lessee's existing Improvements". Such improvements, if any, together with any other improvements and/or personal property hereafter placed upon the Premises by or for account of Lessee are hereinafter called "Iinprovements". 5. USE (a) Lessee shall use the Premises exclusively as a site for vehicle parking purposes. Lessee covenants that it will not treat, store or dispose of on the Premises "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" nay now or in the future be defined by any federal, state, or local governmental agency or body. In the event the Premises are now or in the future used in generating, handling, or transporting of "hazardous waste" or "hazardous substances", Lessee agrees fully to conply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") conceming "hazardous waste" and "hazardous substances". Lessee further agrees i periodically to fumish Lessor with proof, satisfactory to Lessor, that Lessee is in such compliance. In any event, Lessee shall allow Lessor to enter upon .the Premises at reasonable times for the purpose of inspection. Should Lessee not comply fully with the above-stated obligations of this Section, no twi ths tand ins anything contained in any other provision hereof. Lessor may, at its option, terminate this Lease by serving five (5) days' notice of termination upon Lessee; but any tiraiver by Lessor of any breach of Lessee's obligations shall not constitute a waiver of the right to tenninate this Lease for any subsequent breach which may occur, or to enforce any other provision of this Lease. Upon termination. Lessee shall be govemed by the two sections of this Lease regarding Lessee's surrender of possession of the Premises. (b) Notwithstanding anything contained in the liability sections hereof, in case of a breach of the obligations contained in this Section, or any of then, regardless of the negligence or«alleged negligence of Lessor, Lessee agrees to assume liability for and to save and hold harmless Lessor from and against all injuries to any person and damage to property, including without limitation, employes and property of Lessor and Lessee and all related expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in %#hole or in« part from Lessee's failure to conply with any Standard issued by any govemmental authority conceming hazardous substances and/or hazardous waste. Lessee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, resardless of tifhether they are asserted against Lessor or Lessee. Lessee also agrees to reimburse Lessor for all costs of any kind incurred as a result of the Lessee's failure to comply irith this Section, ' including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Lessee's generating, handling, transporting, treating, storing, or disposing of "hazardous waste" or "hazardous substances" oo the Premises. , Rev. 1/86 rM40m/CD6) -3- (c) It is understood and agreed that a Lessee who does not now, or in the future, generate, handle, transport, treat, store or dispose of "hazardous waste" or "hazardous substances" within the meaning of this Section, is not subject to the provisions of Subsection (b) supra. (d) Lessee shall not use or permit the use of the leased premises in any manner that will tend to create waste or a nuisance. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon. Lessee shall comply with any and all requirements imposed by federal or state statues, or by ordinances, orders or regulations of any govemmental body having jurisdiction thereover, including, but not limited to, building and zoning ordinances, restricting or regulating or prohibiting the occupancy, use or enjoyment of the Premises or regulating the character, dimensions or locations of any improvements on the Premises. Should any govemmental body having jurisdiction in the matter require Lessor to dedicate, restrict or othecvise encumber any portion of the Premises, or any of its adjoining property, as-a condition to approval of Lessee's use of the Premises, Lessor may, if said condition is unacceptable to Lessor, terminate this Lease. Lessee covenants to properly notify Lessor accordingly should ahy of the above occur. 6. TAXES (a) Lessee shall pay before the same become delinquent all taxes, charges, rates, and assessments which may, during the term of this Lease, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect of the Improvements; and where any such tax, rate, charge, or assessment may be ^^/^J/^ embraced in the general amount of taxes charged upon the Premises separately or in connection with other property of Lessor and Lessor shall pay all of s«id taxes, then Lessee shall promptly repay or refund to Lessor the aaount or part of the tax, charge, rate or assessment equitably or fairly apportionable to the Improvements. (b) In addition to the taxes and assessments specified above. Lessee shall par to j//}) Lessor any privilege, sales, gro^ income or other tax (not including federal /^J^ or state income tax) imposed upon the rentals received by Lessor by any agency having the authority so to do. 7. CONDITION OF PREMISES Lessee warrants that, prior to taking possession of the Premises under this Lease, he has examined Premises and accepts the use and occupancy thereof with full and conplete knowledge of the physical condition of the Premises and of the conditions, covenants, restrictions, encumbrances and all matters of record relating to Premises. 8. ALTERATIONS , Lessee shall make no change or alteration in nor additions to Premises without first obtaining the written consent of Lessor. Rev. 1/86 (M40m/CD6) -4- expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administraMve actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this Section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. 18. EVICTION In case of eviction of Lessee by anyone owning or claiming title to or any interest in Premises, Lessor shall not be liable to Lessee for damage of any nature whatsoever or to refund any rental paid hereunder, except the proportionate part of any rental paid in advance. 19. ASSIGNMENT Lessee shall not assign this Lease without first obtaining Lessor's written consent therefor. 20. SUBLEASE Lessee shall not sublease Premises or any part thereof without first obtaining Lessor's witten consent therefor. 21. TERMINATION (a) This Lease may be terminated at any time by either party hereto servina thirty (30) days' written notice of termination upon the other party, stating therein the date such termination shall take effect. Upon the expiration of the time specified in such notice, this Lease and all rights of Lessee hereunder shall absolutely cease and determine; but upon any such termination. Lessee shall be entitled to have refunded by Lessor, a proportionate part of any rentals paid in advance. (b) Upon termination of this Lease in any manner provided herein. Lessee shall remove from Premises, at Lesseets expense, any Improvements and appurtenances, including all trade fixtures, personal property, utility lines, paving, foundations and any and all debris, leaving Premises in a cleared and reasonably level condition satisfactory to Lessor. If Lessee fails to complete the removal of said'inprovements and appurtenances within thirty (30) days after termination of this Lease, Lessor shall have the option, to be exercised in writing at any time thereafter, to either: (1) Perform such removal and clear Premises for the account of Lessee and in such event Lessee shall reimburse Lessor for all costs so incurred within fifteen (15) days after rendition of bill therefor; or (2) Take and liold said Improvements and appurtenances as its sole property without coiiq>ensation to Lessee, and in such event Lessee shall be relieved of the obligation to remove or pay for removal of said Inprovements and appurtenances. Rev. 1/86 (M40m/CD6) -8- CriY OF CARLSBAD LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 1) APPUCATIONS APPUED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) • Master Plan • Specific Plan Q Precise Development Plan Q Tentative Tract Map • Planned Development Permit • Non-Residential Planned Development • Condominium Permit • Special Use Permit SI Redevelopment Permit • Tentative Parcel Map • Administrative Variance MATOA RP • General Plan Amendment • Local Coastal Plan Amendment • Site Development Plan • Zone Change • Conditional Use Permit • Hillside Development Permit • Environmental Impact Assessment • Variance • Planned Industrial Permit • Coastal Development Permit • Planning Commission Determination Q List any other applications not specificed (TOR DEPT USE OSIY) 2) LOCATION OF PROJECT: ON THE SIDE OF Rooi^evecr iSTReer (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: (NAME OF STREET) LoTt) <?,|0,u,|2.,t^-fei^ , CLOCK 38 NAP NJO .115 4) ASSESSOR PARCEL NO(S). 5) LOCAL FAQUTIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBEROF RESIDENTIAL UNITS VK 6) EXISTTNG GENERAL PLAN DESIGNATION 9) PROPOSED ZONING 12) PROPOSED NUMBER OF LOTS 7) PROPOSED GENERAL PL^ DESIGNATION 10) GROSS SITE ACREAGE 13) TVPE OF SUBDIVISION (RESIDENTIAL COMMERCL\L INDUSTRLAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE 16) PROPOSED COMMERCIAL SQUARE FOOTAGE wm: APflflPOSBD HiOIBCriUBJD^ CIT^ OF CARLSBAD LAND USE REVIEW APPUCATION FORM 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE P.^GE 2 OF 2 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNFTS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: 21) W/A CARL.S&P.Q viULAc^G cegrtpiep FARne^'tb MARKET BRIEF DESCRIPTION OF PROJECT: MARKET 10 5e.LU FRESH PRPiTS 22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. l/WE CONSENT TO ENTRY FOR THIS PURPOSE Crn -Qpfs/fiD PRQPSRTM SIGNATURE 23) OWNER 24) APPUCANT NAME (PRINT OR TYPE) CiTN OF CARUS&ftD MAIUNG ADDRESS I2.00 GARLr)©AD YlULAGG NAME (PRINT OR TYPE) CRive MAIUNG ADDRESS 2. IIS ^ ePFBR^NJ CITY AND STATE ZIP CA<?Lt)6fiD / • TZQQ8 TELEPHONE <fei^')M3M'Z8l/ CITY AND STATE ZIP TELEPHONE CAgL:Sg)NO, CA- RZOOB ^419")H3q-4662 I CERTtTf THAT I AM THE LEGAL OWNER AND THAT Aa THE .fflOVE INFORMAnON IS TRUE AND COWUCT TO THE BEST OP .V(Y KNOWLEDGE. SIGNATURE DATE I CER-nrr THAT I AM THE CECAL OWNER'I R£PR£SENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO TOE EST OF MY KNOWLEDGE. DATE S//6 l9H FOR CITY USE ONLY FEE COMPUTATION: APPUCATION TYPE FEE REQUIRED / / / TOTAL FEE R£QUI|kED DATE FEE U i REQUIMD MAL DATE STAMP APPUCATION RECEIVED RECEIVED BY: RECEIPT NO. IVA Citv of CarlsbaH Planninci Department DISCLOSURE STATEMENT APOLiCANTT-S STA'EMENT CP r:SCLCSUR6 OF CERTAIN OWNERSHIP INTERESTS ON ALL ApoijCATlCNS WHiCH wiLL =ECL^n£ CiSCSETiCNARY ACTION CN THE PART OF THE CfTY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR CCMMfTTEE. • P'ease Pnnt) The following infornnation must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application, Sg.g A-TTACHyueKtr ^ 1 Owner List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) 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 partnersn:p interest in the partnership. If any person identifled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Orive • Carlsbad. California 92009-4859 • (619) 438-1161 Disclosure Statement •Over) Page 2 Have you had mere than S250 worth of business transacted with any member of City staff. 3carcs Commissions. Committees and Council within the past twelve months? Yes No y®s. please indicate person(s) Person i« defined M: 'Any individual, firm, copartnership, joint vantura. association, social club, fratamai organization, corporation, astata trust, racatvar. syndicate, thia and any other county, crty and county, crty municipality, district or other poirtical subdivision, or any other group or combination acting as a unrt.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signdfure of applicant/date LARRY scHeeR , Co-CHAVRpei?soN ClTV CP CAiR>-0'5AD/R£De\/£U^PM£K;r GARL:5e>AD ViuuAfeg 6u:5iNg^S AS^>ociATION Print or type name of owner hQ>ENQ>i Print or type name of applicant FRM00013 8/90 Attachm« #1 CARLSBAD VILLAGE BUSINESS ASSOCIATION Officers and Board of Directors Lorry Scheer H - 434-3544 Monarch Financial Group Office - 434-6662 555 Beecli Avenue Fax - 729-6662 Barbara Seegrist H - 738-1833 Consumer Credit Counseling Office - 720-1600 2880 Pio Pico Drive Fax - 720-9800 Doe Montes H - 729-0564 CPA Office - 434-3189 2774 Defferson Street Fax -434-5215 Gene Forsyth H -729-1945 Farmers Insurance Office - 434-1003 2774 3efferson Street Fax - 434-7043 Paul Vander Ploeg H - SGO Glass & Mirror Office - 729-1064 2579 State Street Fox - none Ofelia Escobedo H - 729-4030 Lola's Market & Deli Office-434-2191 3292 Roosevelt Street Fax - none Steve Fehlhaber H - 758-5538 Home Movies Office - 729-5810 2802 State Street Fax - 729-4539 Sandy Whitmer H -434-3586 Farmers Insurance Office - 434-1003 2774 Defferson Street Fax - 434-7043 Carol Bailie H - Country Rooms Office - 434-9598 Fax Belynn Gonzales H - Ron Moore H -966-1940 Garcia's Restaurant Office - 729-8565 Chamber of Commerce Office - 931-8400 Fax 308 Ranco Del Oro,#231 Page: 999-3399 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: CJ^9^^-^&i\Ci VILUAT^I.? cp,R-r\F=\gD PARMgR':^ MfiRv<gT APPLICANT NAME: <2ARL.-oe>AD VILL.P«G€ Bo^^iKJe^ A^-g>oet A^T-I^KJ Please describe fully the proposed project. Include any detaiis necessary to adequately explain the scope arc/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. SK ATTAC HM€loT -^2. Rev. 4/91 ProjDesc.frm Attachment #2 CARLSBAD VILLAGE FARMERS' MARKET The Carlsbad Village Farmers' Market will be sponsored by the Carlsbad Village Business Association, a non-profit organization comprised of downtown business people. The Association is dedicated to the promotion of the Village of Carlsbad as both a tourist and local destination in terms of recreation, shopping and every other business need. The Association also hopes to promote cooperation, goodwill and prosperity for all. The Carlsbad Village Farmers' Market will be certified through the State of Califomia Department of Food and Agriculture and has been organized to benefit both the farmer and consumer. The Market will be held every Wednesday, rain or shine, from 3:00pm to 6:00pm in the mid-block public parking lot on the east side of Roosevelt Street, between Carlsbad Village Drive and Grand Avenue in the Village Redevelopment Area. The Market will feature certified locally grown vegetables, fruits, flowers, plants, and some non- produce items such as baked goods, fresh fish, honey, eggs, olives and herbs. Ideally, the Market will feature Carlsbad farmers exclusively. The Association hopes to provide a local venue for financial success that will mutually benefit the entire community - the farmers who grow here, the residents who live here, the tourists who visit and the business community that serves us all. The proposed first day of the Market is September 14, 1994. A Market Manager has been hired by the Carlsbad Village Business Association to manage the market and be responsible for supervision of all vendors and maintenance of the area.