HomeMy WebLinkAbout2008-10-27; Design Review Board; Resolution 3331 DESIGN REVIEW BOARD RESOLUTION NO. 333
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO MAJOR
4 REDEVELOPMENT PERMIT NO. RP 94-05(A)X4 TO ALLOW
THE VILLAGE FARMER'S MARKET TO REVISE THE HOURS
OF THE SATURDAY FARMER'S MARKET, TO EXTEND THE
6 EXPIRATION DATE OF THE REDEVELOPMENT PERMIT FOR
THE SATURDAY FARMER'S MARKET, AND TO MODIFY THE
7 REQUIRED RATIO OF CERTIFIED AGRICULTURAL PRODUCT
BOOTHS TO NON-CERTIFIED PRODUCT AND
8 INFORMATIONAL BOOTHS FOR THE WEDNESDAY AND
9 SATURDAY FARMER'S MARKET HELD IN THE VILLAGE
REDEVELOPMENT AREA
10 CASE NAME: FARMER'S MARKET
APN: 203-304-02,03, 04,05
11 CASE NO: RP 94-05(A)X5
12 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of
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the City of Carlsbad held a duly noticed public hearing and approved a Major Redevelopment
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Permit RP94-05 to allow a Wednesday Farmer's Market in the public parking lot located mid-
16 block on the east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and
17 Grand Avenue; and
18 WHEREAS, on May 10, 2005, approved a Saturday Farmer's Market; and through
19 subsequent amendments to Major Redevelopment Permit RP 94-05 the Housing and
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Redevelopment Commission and/or the Design Review Board of the City of Carlsbad, had
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~~ extended the term of the Village Farmer's Market on several occasions with the current
23 expiration date for the Wednesday market set at September 19, 2011 and the Saturday market set
24 at September 19, 2008
25 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did,
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on the September 19, 2006 adopt Resolution No. 427 amending said Major Redevelopment
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Permit RP 94-05 to allow open cooking vendors and two (2) additional non-produce vendors
2 during the Wednesday and Saturday Farmer's Market; and
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WHEREAS, the applicant has filed an application to amend Major Redevelopment
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Permit RP 94-05 to revise the hours of the Saturday Farmer's Market from the current 9:00 AM -
6 1:00 PM to the new 1:00 PM - 5:00 PM and to extend the expiration date of the Redevelopment
7 Permit for the Saturday market to September 19, 2011 which occurs in the public parking lot
o located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and
9 Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area.; and
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WHEREAS, the Design Review Board did, on the 27th day of October, 2008, hold a
1 ~ duly noticed public hearing to consider said request on public property described as:
13 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
14 thereof No. 775, filed in the Office of the County Recorder of San Diego County.
15 WHEREAS, the Planning Director has determined that the project is EXEMPT from the
16 requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the
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State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and
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. Q will not have any adverse significant impact on the environment;
20 WHEREAS, at said public hearing, upon listening to and considering all testimony and
21 arguments, if any, of all persons desiring to be heard, said Design Review Board considered all
22 factors relating to Farmer's Market RP94-05(A)X5.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review
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Board as follows:
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2fi 1. That the foregoing recitations are true and correct.
27 2. That based on the evidence presented at the public hearing, the Design Review Board
hereby recommends APPROVAL to the Housing and Redevelopment Commission
28 Major Redevelopment Permit No. RP 94-05(A)X5 to allow for the Village Farmer's
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Market to revise the hours of the Saturday Farmer's Market, and to extend the
2 expiration date of the Redevelopment Permit to September 19, 2011 for the Saturday
Farmer's Market held in the Village Redevelopment Area, based upon the following
3 findings and subject to the following conditions:
4 FINDINGS
The Design Review Board hereby determines that the previous findings and applicable
6 conditions for Redevelopment Permit RP 94-05(A)X5 and all subsequent approvals, on
file with the City Clerk, remain applicable to the project and are hereby incorporated
7 by reference, except whereby amended as set forth below.
8 CONDITIONS
9 If any of the following conditions fail to occur, or if they are, by their terms, to be
10 implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the Commission shall have the right to revoke or
modify all approvals herein granted and/or deny or further condition the issuance of any
, 2 future permits.
13 2. Staff is authorized and directed to make, or require the market operator to make, all
corrections and modifications to the application documents, as necessary to make them
14 internally consistent and in conformity with the final action on the project. The Farmer's
Market shall occur substantially as shown on the approved Exhibits. Any proposed operation
of the market which is different from this approval, shall require an amendment to this
approval.
17 3. Applicant 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
18 and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fees incurred by the Commission arising, directly or indirectly,
from (a) Commission's approval and issuance of this Redevelopment Permit RP 04-
20 05(A)X5, or (b) Commission's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein. This
21 obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
23 4. There shall be a minimum ratio of 2:1 for certified agricultural product booths to non-
certified product and informational booths at all times of the Wednesday and Saturday
24 Farmer's Market. For every one (1) non-certified farmer's market booth, there shall be at
least two (2) certified farmer's market booths.25
5. All previous conditions approved for the project shall remain in full force and effect,
with the following exceptions:
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Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further
2 amended to read as follows:
3 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
4 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
6 every Saturday from 1:00 p.m. to 5:00 p.m. To set up for the event and clean up
afterwards, the subject parking lot will be closed from 12:00 p.m. to 6:00 p.m. The
7 hours of operation for the Wednesday Farmer's Market shall be every Wednesday from 1:00
p.m. to 5:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will
be closed from 12:00 noon to 6:00 p.m. every Wednesday. Extended summer hours of
9 operation from previous approval are omitted. The total number of booths, spaces or hours
of operation for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not
10 be increased without prior amendment to this major redevelopment permit.
Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further
12 amended to read as follows:
13 Product sales must be limited to fresh certified agricultural products such as fruits, nuts,
herbs, vegetables, eggs, honey, cut flowers and nursery stock. Certified non-produce items
14 such as dried fruit, juice, dried beans, meat, fish and dairy products may be sold if the
producer has proof that he/she grew, raised, collected or caught the product. Also, a
maximum of six (6) non-certified product sales booths may be provided for such items as
16 locally made fresh bread, pastries and/or pastas. Open-cooking is permitted, subject to final
approval by the local Health Department, and is limited to six (6) non-produce vendors
17 allowing these vendors to make fresh samples of their products that may be consumed on-
site. The market must not be used to sell mass produced (commercial operations) food
products which are readily available within local grocery stores or markets. Two (2) booths
19 for the selling of hand made arts and crafts are allowed during all hours of operation of this
permit. An informational booth for Village Merchants will be allowed for the distribution of
20 advertisements, promotional items, brochures, maps, etc. for other merchants within the area,
including restaurants. One (1) educational booth may also be permitted.
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22 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 is further
amended to read as follows:
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This time extension to amended Major Redevelopment Permit No. RP 94-05(A)x4 is granted
24 for to allow the Wednesday and Saturday markets to operate until September 19, 2011 and
shall be 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
26 yearly basis to determine if all conditions of this permit have been met and that the use does
not have a significant negative affect on surrounding properties including but not limited to
27 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
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Redevelopment Director shall recommend that the Design Review Board, after providing the
2 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
3 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
6 it finds that there are no substantial 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
7 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.
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PASSED, APPROVED AND ADOPTED at a meeting of the Design Review Board of
the City of Carlsbad, California, held on the 27th day of October, 2008, by the following vote to
wit:
AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
LAWSON, CHAIRPERSONCARLSBAD DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
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