HomeMy WebLinkAbout2013-05-15; Planning Commission; Resolution 6976
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MAJOR REVIEW PERMIT RP 13-03 TO
RELOCATE THE EXISTING WEDNESDAY CERTIFIED
FARMERS MARKET FROM A PUBLIC PARKING LOT OFF
OF ROOSEVELT STREET TO THE 2900 BLOCK OF STATE
STREET, BETWEEN GRAND AVENUE TO THE NORTH AND
CARLSBAD VILLAGE DRIVE TO THE SOUTH, FOR AN
INITIAL TIMEFRAME OF TWO (2) YEARS, EVERY
WEDNESDAY FROM 1:30 P.M. TO 8:00 P.M. IN THE
SUMMER AND 1:30 P.M. TO 7:00 P.M. IN THE WINTER, IN
LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE.
CASE NAME: CARLSBAD FARMERS MARKET
CASE NO.: RP 13-03
WHEREAS, Urban Place Consulting Group, Inc., “Applicant,” has filed a
verified application with the City of Carlsbad regarding property owned by the City, “Owner,”
described as
All that portion of State Street lying northwesterly of the
prolongation of the northwesterly right of way line of Carlsbad
Village Drive and lying southeasterly of the prolongation of the southeasterly right of way line of Grand Avenue, shown as First
Street lying between Elm Avenue and Grand Avenue per the
Amended Map of the Town of Carlsbad Map 775 recorded
March 17, 1915 in the office of the Recorder of San Diego County,
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Major Review
Permit as shown on Exhibit “A” dated May 15, 2013, on file in the Planning Division,
CARLSBAD FARMERS MARKET – RP 13-03 as provided by Chapter 21.35.080 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 15, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
. . .
PLANNING COMMISSION RESOLUTION NO. 6976
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Major Review Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of CARLSBAD FARMERS
MARKET – RP 13-03, based on the following findings and subject to the
following conditions:
Findings:
1. That the project is consistent with the Village Review Zone and the Village Master Plan
and Design Manual in that a farmers market is a provisional use within Land Use
District 1 of the Village Review Zone. Furthermore, the project is consistent with the
Village Master Plan and Design Manual as it assists in satisfying the goals and
objectives set forth for the Village through providing a pedestrian focal point in the Village on Wednesday afternoons as well as bringing more visibility to the retail and
restaurant tenants in the core of the Village.
2. The City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15304(e), Minor
Alterations to Land, of the State CEQA Guidelines. In making this determination, the
City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA
Guidelines do not apply to this project.
3. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated May 15, 2013 including, but not limited to the following:
a. The proposed project is consistent with the goals for the Village, as outlined
within the General Plan, in that it will provide a pedestrian focal point in the
Village on Wednesday afternoons, will foster a community concept in the heart
of the Village, and will bring more visibility to the retail and restaurants tenants in the core of the Village. The proposed location will attract pedestrian traffic
from surrounding office and residential areas, time share units and hotels, as
well as from the Commuter Rail Station. Furthermore, the Market will provide
an opportunity for residents and tourists to shop for locally grown produce and
flowers.
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4. The Planning Commission finds that the project, as conditioned herein and with the
findings noted below to grant the standards modification for the temporary intensification
of use and a loss of parking is consistent with the goals and objectives set forth within the
Village Master Plan and Design Manual based on the facts set forth in the staff report
dated May 15, 2013 including, but not limited to, the following:
a. Several public parking lots are located within close proximity to the 2900 block
of State Street. In addition to a number of on-street parking spaces, a total of
209 off-street public parking spaces in public parking lots are located within 300
feet of the 2900 block of State Street. Since the proposed use is temporary, will
be operated on public property by a non-profit organization, and will not
intensify the use in such a manner as to have a permanent significant impact on the public parking lots located in the vicinity of the proposed Farmers Market,
the existing public parking within the area is adequate;
b. The proposed re-location of the Farmers Market to the 2900 block of State
Street furthers the goals of City Council in that it will provide a pedestrian focal
point in the Village on Wednesday afternoons, will foster a community concept in the heart of the Village, and will bring more visibility to the retail and
restaurant tenants in the core of the Village;
c. The proposed location will attract pedestrian traffic from surrounding office
and residential areas, time share units and hotels, as well as from the Commuter
Rail Station; and
d. The Market will provide an opportunity for residents and tourists to shop for
locally grown produce and flowers.
5. The Planning Commission has reviewed each of the exactions imposed on the developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to at least two (2)
weeks prior to the commencement of the first Farmers Market.
1. 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
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on 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 Major Review Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Review Permit 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of commencement of the first Farmers Market.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. 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, from (a) City’s approval and issuance of this Major Review Permit RP 13-
03, (b) City’s approval or issuance of any permit or action, whether discretionary or
nondiscretionary, 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.
6. The boundaries of the Farmers Market every Wednesday shall be limited to the
2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south. The permitted hours for the Farmers Market shall be as
follows:
Summer Farmers Market
1:30 p.m. - 8:00 p.m. (closure of State Street)
Set-up: 1:30 p.m. – 2:30 p.m. Market hours: 2:30 p.m. - 7:00 p.m.
Shut-down/clean-up: 7:00 p.m. – 8:00 p.m.
Winter Farmers Market
1:30 p.m. - 7:00 p.m. (closure of State Street)
Set-up: 1:30 p.m. – 2:30 p.m. Market hours: 2:30 p.m. - 6:00 p.m.
Shut-down/clean-up: 6:00 p.m. – 7:00 p.m.
7. Any modification to the approved hours of the Farmers Market shall require the
approval of an Administrative Review Permit by the City Planner.
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8. The Farmers Market shall be certified by the California Department of Agriculture
as a “certified farmers market.” The certification shall be submitted to the City
Planner prior to the operation of the first Farmers Market and, thereafter, on an
annual basis. The applicant and its vendors may sell agricultural products including, but not limited to, fruits, vegetables, herbs, nuts, cut flowers, and nursery
stock. Non-produce items such as dried fruit, juice, dried beans, and meat and dairy
products may be sold if the producer has proof that he/she grew, raised, collected or
caught the product.
9. The applicant and its vendors may sell specialty food items at the Farmers Market,
including but not limited to, soda, water, baked goods, salsas, olives, jams, olive oil/balsamic vinegar, cheese, smoked food items, sausages, and tamales or other
similar items as approved by the City Planner. The applicant and its vendors may
also sell food for on-site consumption such as popcorn, donuts and crepes and
similar food items in accordance with all applicable laws, rules and regulations of
the San Diego County Department of Environmental Health (DEH). Prior to the
first Farmers Market, the Applicant shall provide the City Planner with the list of non-agricultural food vendors from the application approved by the San Diego
DEH. Only food vendors (non-agricultural) who meet the criteria described above
and who are approved by the San Diego DEH shall be allowed to sell specialty food
items at the Farmers Market.
10. The applicant and its vendors may sell a limited (i.e., 25% or less of the vendors at any given time) number of handcrafted items, health items or services, and nutrition
items at the Farmers Market and other products that relate to the theme of the
Farmers Market. Only vendors (non-agricultural/non-food) who meet the following
guidelines shall be permitted as vendors in the Farmers Market:
a. “Handcrafted items” means those products that are made or constructed in a manner suggesting special care or skill. Handcrafted items shall be made
exclusively by the local vendor renting the booth or his/her personal assistant.
Items purchased for the purpose of resale are not considered to be “handcrafted
items” and shall not be sold by the vendor. Examples of hand-crafted items
include hand-knitted clothing, hand-made jewelry, wood-working, hand-carved
items and other similar handcrafted items. Embellishing of existing products shall not be considered “handcrafted”;
b. Non-handcrafted products that fall within the theme of the Farmers Market may
be sold if such products relate to farming, gardening, or a combination thereof.
Examples of such items include gardening apparel, gardening implements, and
similar items;
c. Examples of items that are not handcrafted or within the theme of the Farmers
Market as described above are retail or wholesale toys, baseball hats, t-shirts,
sports team apparel and accessories, sunglasses or any other retail or wholesale
items not handcrafted or within the theme of the Farmers Market; and
. . .
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d. If more than 25% of handcrafted items, health items or services, and nutrition
items at the Farmers Market and other products that relate to the theme of the
Farmers Market are requested, the approval of an Administrative Review
Permit shall be required by the City Planner.
11. Periodic executive chef demonstrations at the designated cooking area on the site
plan of RP 13-03 are permitted to highlight a local restaurant or educate the
community on how some of the products at the Farmers Market can be used in
cooking. If chairs are set-up for the demonstration, the chairs shall not encroach
within the required 20-foot-wide fire clearance.
12. Musicians and entertainers providing background music are permitted only during
the hours of the Farmers Market. Concerts and disc jockeys shall not be permitted.
13. The sale of alcohol is prohibited at the Farmers Market.
14. An informational booth for merchants in the Village will be allowed for the distribution of advertisements, promotional items, brochures, maps, etc.
15. The applicant shall provide a minimum of one (1) vendor space at the Farmers
Market for local non-profit groups doing fundraising. If there is not a non-profit
group seeking a booth for fundraising, the applicant may rent the unused booth to
other vendors. Local non-profit groups shall be those non-profit groups providing social, athletic or recreational services or activities for residents in the City of
Carlsbad.
16. In order to maintain the required 20-foot-wide fire access clearance, vendor vehicles
shall be prohibited from parking on State Street during the operation of the
Farmers Market. The vendors will be required to park offsite at Parking Lots C and D pursuant to Exhibit 6, “Village Public Parking Lots,” of the staff report dated
May 15, 2013.
17. At least two (2) weeks prior to the first Farmers Market, a “Farmers Market Rules
and Producer Agreement” shall be submitted to the City Planner for review and
approval. The rules shall include details on the procedures for set-up and clean-up, vendor parking locations, signage, and disposal of waste.
18. The Carlsbad Village 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 State Street or the adjoining sidewalks,
lights, trash receptacles, benches, and landscaping or irrigation shall be repaired by the City but must be paid for by the Association (as a sponsor of the event).
19. At least two (2) weeks prior to the first Farmers Market, a sign plan addressing the
location and details of the temporary signage shall be prepared, to the satisfaction of
the City Planner.
. . .
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20. Permanent or temporary “No Parking TOW AWAY” signs which include the date
and time of the restriction shall be posted. If the signage is temporary, it shall be
posted 72 hours in advance of the beginning of the parking restriction. The signs
shall be posted in such a way that the restriction is clearly visible from all public on-street parking stalls on the east and west sides of the 2900 block of State Street. If
the signage is temporary, the Carlsbad Village Association shall be responsible for
posting the signs and ensuring that they remain in place during the entire 72 hour
period; missing or vandalized signs shall be replaced in a timely manner by the
Association. The Association shall also be responsible for notifying the Police
Department each week when the temporary signs are installed. Any temporary
signs must be removed each Wednesday at the end of the market.
21. Each vendor at the Farmers Market shall obtain a business license at the City prior
to selling products at the Farmers Market. The business license shall be renewed on
an annual basis.
22. This Major Review permit is granted for an initial period of two (2) years from City Council approval. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect 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 Planning Commission for a reasonable period of time
not to exceed 5 years (per extension) upon written application of the permittee made no
less than 90 days prior to the expiration date. The Planning Commission may not grant
such extension, unless it finds that there are no substantial negative effects on
surrounding land uses or the public’s health and welfare. If a substantial negative effect
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 Planning Commission may
grant.
Engineering:
23. Applicant shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, general housekeeping
practices, pollution prevention and educational practices, maintenance procedures, and
other management practices or devices to prevent or reduce the discharge of pollutants to
stormwater or stormwater conveyance system to the maximum extent practicable.
24. Applicant shall cause the legal business owner to execute an indemnification and
insurance certificate requirement per page 3 of 6 of Land Use Review Application P-
1. Prior to use and reliance of the permit herein granted, the legal business owner
shall provide to the City Engineer a certificate of insurance in the amount of two million dollars listing the city as an additional insured and providing primary
coverage to the city. Insurance company shall have a rating as outlined on page 3 of
6 of Land Use Review Application P-1.
. . .
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Traffic Engineering:
25. A signage and traffic control plan (TCP) shall be approved by the City Traffic
Engineer and the City Planner at least fourteen (14) days prior to the first Farmers Market. The signage plan shall include the dimension of the signs, total number of
signs and an exhibit shall be provided which indicates the locations of the signs.
Modifications to the TCP can be made if unforeseen issues arise with the
implementation, to the satisfaction of the City Traffic Engineer.
Fire:
26. A Fire Use Permit will be required prior to operation of the first Farmers Market,
to the satisfaction of the Fire Department.
27. A minimum 20-foot-wide access clearance shall be provided along State Street for
fire department emergency response. Vehicles necessary to the operation of the tent
or canopy shall be parked at least twenty (20) feet from any tent. All other vehicles shall be parked one (100) hundred feet away at a minimum. [California Code of
Regulations, Title 19, Division 1, §312.] Section 13116, Health and Safety Code.
28. The open cooking areas/booths shall be separated from the retail booths by a
minimum of 20 feet. Open cooking shall comply with California Fire Code (CFC),
2010, ed., Title 19.
29. A permit is required for tents and temporary membrane structures and canopies in
excess of 400 square feet. Tents and/or canopies less than twenty (20) feet apart will
be considered as one. Section 2403.2, CFC, 2010 ed. Regardless of the permit
threshold, all temporary tents and membrane structures shall comply with Chapter
24 of the California Fire Code, 2010 ed. Title 19 and Health and Safety Code. Inspections will be required.
30. Tents and canopies shall be made from flame resistant material of nonflammable
materials. Please see California Code of Regulations, Title 19, Division 1, 315.(a) and
332.(a) for specifics and Section 2404.3 of the California Fire Code, 2010 ed. for
labeling requirements.
31. Open and or exposed flame (cooking) is not allowed under a tent or canopy while
open to the public. Combustible materials and cooking which produce grease-laden
vapors are not permitted inside the tents or canopies.
Building:
32. Disabled access/path of travel (minimum 36” clearance from any obstructions) shall
be maintained at all times, including to any sanitary facilities.
33. An ADA accessible restroom is required. If the restroom is portable, it shall be
dropped off and removed each Wednesday before and after the Farmers Market,
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accordingly. If a permanent ADA accessible restroom is provided, a letter shall be
submitted to the City Planner indicating the location of the restroom.
Parks and Recreation:
34. The applicant/operator of the farmers market will be responsible for the following:
a. Removing all litter and debris from the public hardscape as needed during each
market session;
b. Servicing all public trash/recycling receptacles as needed during and at the conclusion of each market session, including the removal/haul away of plastic
liners and contents, and replacement of like plastic liners);
c. Implementing storm water pollution prevention best management practices
(BMPs) - e.g., placement of fabric rolls/silt sheeting/gravel bags, etc. around all
storm drain inlet during each market session;
d. Cleaning any spills or leakage of liquid or solid materials on the public
hardscape during each market session; and
e. Repairing/replacing any public landscape or irrigation damaged/destroyed
during each market session. NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
. . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 15, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Schumacher, Scully and Segall
Commissioner Anderson
11 b J< S~clA\;\)y 12 KERRY SIEKMANN, Chairpers'on
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNEU
City Planner
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