HomeMy WebLinkAbout2005-03-28; Design Review Board; Resolution 2961
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DESIGN REVIEW BOARD RESOLUTION NO. 296
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
05(A)X3 TO ADD AN ADDITTIONAL DAY TO THE WEEKLY
FARMER’S MARKET, TO BE HELD ON SATURDAYS IN THE
VILLAGE REDEVELOPMENT AREA
CASE NAME: CARLSBAD SATURDAY FARMER’S MARKET
APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94-
APN: 203-304-02,03,04,05
CASE NO: RP 94-05(A)X3
WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of
the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit
RP94-05 to allow a weekly Farmer’s Market in the public parking lot located mid-block on the
east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and Grand
Avenue; and
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did,
on the 20’ day of June, 1995, approve Resolution No. 270 extending the term of the Village
Farmer’s Market for five years ending on September 26, 1999; and
WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did
authorize the Design Review Board to extend the permit for the Farmer’s Market for a reasonable
period of time not to exceed five (5) years upon written application of the permittee made no less
than 90 days prior to the expiration date; and
WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the
Carlsbad Village Business Association (“Applicant”) for a time extension (Farmer’s Market
RP94-05(A)Xl) through September 26,2004; and
WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on
the 13‘h day of July, 2004, adopt Resolution No. 387 extending the term of the Farmer’s Market
for five years ending on September 26,2009; and
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WHEREAS, the applicant has filed an application to amend the permit for the Farmer’s
Market in order to allow for a weekly Saturday Farmer’s Market to be held in the morning hours
in the same location of the previously approved Farmers Market; and
WHEREAS, the Design Review Board did, on the 28* day of March, 2005, hold a
duly noticed public hearing to consider said request on public property described as:
Lots 9, 10, 11, 12, 13 and 14, Block 38, amended Map of Town of Carlsbad in
the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 775, filed in the Office of the County Recorder of San Diego County.
WHEREAS, the Housing & Redevelopment Director has determined that the project is
EXEMPT fiom the requirements of the California Environmental Quality Act (CEQA) per
Section 153 1 1 of the State CEQA Guidelines, as placement of a minor structure accessory to an
existing facility, and will not have any adverse significant impact on the environment;
WHEREAS, at said public hearing, upon listening to and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Design Review Board considered all
factors relating to Farmer’s Market RP94-05(A)X3.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review
Board as follows:
I. That the foregoing recitations are true and correct.
2. That based on the evidence presented at the public hearing, the Design Review Board
hereby recommends APPROVAL to the Housing and Redevelopment Commission
Major Redevelopment Permit No. RP 94-05(A)X3 to add an additional day to the
weekly Farmer’s Market, to be held on Saturday’s in the Village Redevelopment
Area, based upon the following findings and subject to the following conditions:
FINDINGS
1. The Design Review Board hereby determines that the previous findings for
Redevelopment Permit RP 04-05 and all subsequent approvals, on file with the City
Clerk, remain applicable to the project and are hereby incorporated by reference.
CONDITIONS
DRB RES0 NO. 296 -2-
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1.
2.
3.
4.
If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted; deny or further condition issuance of all fhture building permits;
deny, revoke or further condition all certificates of occupancy issued under the authority of
approvals herein granted; record a notice of violation of the property title; institute and
prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the City’s
approval of this Redevelopment Permit RP04-05(A)x3.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the application documents, as necessary to make them internally consistent
and in conformity with the final action on the project. Development shall occur substantially
as shown on the approved Exhibits. Any proposed development different from this approval,
shall require an amendment to this approval.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or
indirectly, fiom (a) City’s approval and issuance of this Redevelopment Permit RP 04-
05(A)x3, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City’s approval is not
validated.
All previous conditions approved for the project shall remain in full force and effect,
with the following exceptions:
Condition No. 1 of Housing and Redevelopment Commission Resolution No. 387 is further
amended to read as follows:
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 Avenue. The total number of booth spaces shall be limited to the number (33)
indicated within the application. Two (2) of the booths may be utilized for the selling of
hand made arts and crafts. The Saturday Farmer’s Market hours of operation shall be
every Saturday from 8:OO a.m. to 11:OO a.m. To set up for the event and clean up
afterwards, the subject parking lot will be closed from 7:OO a.m. to 12:OO p.m. The
hours of operation for the Wednesday Farmer’s Market are as follows: From the second
Wednesday in September, through the second to last Wednesday in June, the hours of
operation shall be every Wednesday afternoon from 2:OO p.m. to 6:OO p.m. To set-up for the
event and clean up afterwards, the subject parking lot will be closed fiom 1 :00 p.m. to 8:00
DRB RES0 NO. 296 -3 -
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p.m. every Wednesday. From the last Wednesday in June through the first Wednesday in
September, the hours of operation shall be every Wednesday afternoon from 2:OO p.m. to
8:OO p.m. To set-up for the event and clean-up afterwards, the subject parking lot will be
closed from 1:OO p.m. to 9:OO p.m. every Wednesday. During the period of extended hours,
the performance of live, non-amplified music will be allowed between the hours of 5 p.m.
and 8 p.m. The total number of booths, spaces or hours of operation for the Wednesday
Farmers Market and/or Saturday Farmer’s Market shall not be increased without prior
amendment to this major redevelopment permit.
Condition No. 9 of Housing and Redevelopment Commission Resolution No. 387 is further
amended to read as follows:
This time extension to amended Major Redevelopment Permit No. RP 94-05(A) with
regards to the Wednesday Farmer’s Market is granted for a period of five (5) years
beginning on September 27, 2004 and ending on September 26, 2009 and subject to
cancellation at any time upon 60 days written notice. The Major Redevelopment Permit
shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a substantial
negative affect on surrounding properties including but not limited to parking provisions or
the public health and welfare. If the Housing and Redevelopment Director determines that
the use has such substantial negative effects, the Housing and Redevelopment Director shall
recommend that the Design Review Board, after providing the permittee the opportunity to be
heard, add additional conditions to reduce or eliminate the substantial negative effects. This
permit may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental affect on surrounding land uses and the public’s health and welfare, or
the conditions imposed herein have not been met. This permit may be extended by the
Design Review Board thereafter for a reasonable period of time not to exceed five (5) years
upon written application of the permittee made no less than 90 days prior to the expiration
date. The Design Review Board may not grant such extensions, unless it finds that there are
no substantial negative afTects on surrounding land uses or the public’s health and welfare. If
a substantial negative affect on surrounding land uses or the public’s health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the Design
Review Board may grant.
The Saturday Farmer’s Market initial approval is granted for a period of six (6)
months. This permit shall be reviewed by the Housing & Redevelopment Director after
six (6) months to determine if all conditions of this permit have been met and that the
use does not have a significant detrimental impact on surrounding properties or the
public health and welfare. If the Housing & Redevelopment Director determines that
the conditions of the permit are met and the use does not have a significant adverse
environmental impact, and does not have a substantial adverse affect on surrounding
land uses or the public’s health and welfare, this permit may be extended by the
Housing & Redevelopment Director for a reasonable period of time not to exceed five
years, including the initial six (6) month review period. This amendment, RP 94-
05(A)X3 is subject to cancellation at any time upon 60 days written notice. The Major
Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director
DRB RES0 NO. 296 -4-
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on a yearly basis to determine if all conditions of this permit have been met and that the
use does not have a substantial negative affect on surrounding properties including but
not limited to parking provisions or the public health and welfare. If the Housing and
Redevelopment Director determines that the use has such substantial negative effects,
the Housing and Redevelopment Director shall recommend that the Design Review
Board, after providing the permittee the opportunity to be heard, add additional
conditions to reduce or eliminate the substantial negative effects. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental affect on surrounding land uses and the public’s health and welfare, which
cannot be mitigated or that the conditions imposed herein have not been met. This
permit may be extended by the Design Review Board thereafter for a reasonable period
of time not to exceed five (5) years upon written application of the permittee made no
less than 90 days prior to the expiration date. The Design Review Board may not grant
such extensions, unless it finds that there are no substantial unmitigated negative affects
on surrounding land uses or the public’s health and welfare. If a substantial negative
affect on surrounding land uses or the public’s health and welfare is found, the
extension shall be denied or granted with conditions which will eliminate or reduce
such effects to insignificant. There is no limit to the number of extensions the Design
Review Board may grant.
Condition No. 10 of Housing and Redevelopment Commission Resolution No. 387 is further
amended to read as follows:
The Village Business Association shall be responsible for providing (at its own cost) and
posting a minimum of three (3) parking directional signs every Wednesday and Saturday
prior to the Farmer’s Market. The Association shall ensure that these signs remain in place
for the entire period of the Market every Wednesday and Saturday. These signs shall be of
professional quality and shall be at least three feet (width) by four feet (height) in size. A
minimum of one (1) sign shall be placed at the south entrance to the Alley (east of the project
site) and a minimum of one (1) sign shall be placed at the north entrance to the Alley (east of
the project site). A minimum of one (1) sign shall also be provided at the Madison Street
entrance to the Great Western Bank property located at 699 Grand Avenue. Sign copy and
placement must be pre-approved by the Housing & Redevelopment Director. The
Association shall also be responsible for distribution of information regarding other public
parking lots in the area for encouraging shoppers to park in these lots.
Condition 11 is added to read as follows:
The Saturday Farmer’s Market approval is granted based upon an understanding that
Major Special Event Applicant’s and/or Organizations that have utilized the public
parking lot, located on the east side of Roosevelt Street (mid-block), west of the alley,
between Carlsbad Village Drive and Grand Avenue, prior to the adoption date of this
resolution have a vested right to utilize said parking lot. Therefore, a Saturday
Farmer’s Market which interferes with a Major Special Event with such a vested right,
may be required to be shut down for that particular day.
* *.* * . ..
DIU3 RES0 NO. 296 -5-
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PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review
Board of the City of Carlsbad, California, held on the 28th day of March, 2005, by the following
vote to wit:
AYES: HEINEMAN, LAWSON AND MARQUE2
NOES: NONE
ABSENT: BAKER
ABSTAIN: NONE
CARLSBAD DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAINL
HOUSING AND REDEVELOPMENT DIRECTOR
DRE3 RES0 NO. 296 -6-