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HomeMy WebLinkAbout2015-09-16; Planning Commission; ; RP 13-03X1 - CARLSBAD FARMERS' MARKET The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Major Review Permit Extension Item No. Application complete date: N/A P.C. AGENDA OF: September 16, 2015 Project Planner: Shannon Werneke Project Engineer: Jason Geldert SUBJECT: RP 13-03x1 – CARLSBAD FARMERS’ MARKET – Request for the approval of a five (5)-- year extension retroactively for a Major Review Permit for the existing farmers’ market located on the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, 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. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7123 APPROVING a five year extension of Major Review Permit RP 13-03 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant, Christine Davis, on behalf of the Carlsbad Village Association, is requesting a five (5) year extension of the Major Review Permit to operate the farmers’ market on the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south. The day and operating hours of the market, 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, will remain unchanged. The application for the extension was timely filed prior to the expiration date of June 18, 2015. On May 15, 2013 the Planning Commission recommended approval of Major Review Permit RP 13-03, for the farmers’ market. On June 18, 2013, the City Council approved the request. Condition No. 22 of Planning Commission Resolution No. 6976 (please see Attachment 4), specifies that the Major Review Permit was approved for an initial timeframe of two (2) years, but can be extended by the Planning Commission for a reasonable period not to exceed five (5) years (per extension). Staff is supportive of the requested five (5) year extension, which would begin retroactively June 19, 2015 and expire on June 18, 2020. III. ANALYSIS A. The Major Review Permit for the farmers’ market continues to be consistent with all applicable plans, policies and regulations described below: 1. Village (V) General Plan Land Use designation; and 2. Village Review (V-R) Zone (CMC Chapter 21.35), District 1, Carlsbad Village Center (Village Master Plan and Design Manual). 2 RP 13-03x1 – CARLSBAD FARMERS’ MARKET September 16, 2015 Page 2 B. The adopted project findings for RP 13-03, which are contained in Planning Commission Resolution No. 6976, still apply to this project, RP 13-03x1. C. The adopted project conditions for RP 13-03, which are contained in Planning Commission Resolution No. 6976, still apply to this project, RP 13-03x1, with the exception of Condition No. 22, which is amended by Condition No. 4 in Planning Commission Resolution No. 7123 to extend RP 13-03 for five (5) years from June 19, 2015 through June 18, 2020. D. Correspondence city staff has received regarding the existing farmers’ market has been largely positive. Attachment No. 5 includes a number of letters of support. One office tenant, Ms. Kelley Zaun of Carousel Property Management (Monday-Friday, 9:00 a.m. to 4:30 p.m.), located on the northwest side of State Street (2911 State Street) has expressed concern regarding the lack of parking during the farmers’ market, as well as the location of the music (southwest corner of State Street and Grand Avenue). Ms. Zaun feels that the market adversely impacts her business on Wednesday afternoons. The applicant has contacted Ms. Zaun to discuss her concerns and has explored relocating the music. The applicant has determined that the best location is at this particular corner due to the location of the prepared foods, the outdoor seating area, as well as an existing power source. Further, other tenants in the same area are supportive of the current location for the music. Staff is therefore supportive of retaining the current location for the music. No changes to the conditions (beyond the new expiration date) or site plan are proposed. IV. ENVIRONMENTAL REVIEW The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 7123 2. Location Map 3. Reduced Exhibit 4. Planning Commission Resolution No. 6976, dated May 15, 2013 5. Correspondence received in support of the Farmers’ Market OAK AVCARLSBADVILLAGEDRC A R L S B A D B L GRAND AVM A DIS O N S T S T A TE S T T Y L E R ST W A S HIN G T O N S T R O O S E V E LT S TCHRISTIANSEN W YRP 13-03x1Carlsbad Farmers' Market SITE MAP JPALOMARAIRPORTRD E L C AMREALL A COSTA AV C A R L S B A D B LELCAMINOREAL MELR O S E DRAVIARAPY RANCHOS ANTAFERDCOLLEGEBLSITE w > a: 0 w (!J <( __J __J > Cl <( OJ CJ) __J a: <( {) EXISTING COMMERCIAL PROPERTIES O @JD D i~ DDDDD0LJDLJLJLJLJD DDDDDDDDDDDDDDD :~ <> "EX &! x ~ ,, . .,.. STATE STREET 20.5' FIRE LANE ~ ~t DDDDDDD~--\DDD .. DDDQ~gQQg.QDDDDDDcrj 0= f'olD b L:::.J i" EXISTING COMMERCIAL PROPERTIES CARLSBAD VILLAGE FARMERS' MARKET CARLSBAD VILLAGE ASSOCIATION 300 CARLSBAD VILLAGE DRIVE, STE 108A, #135 CARLSBAD CA, 92008 (760) 453-7076 7/1/2015 VILLAGE LAND USE REVIEW APPLICATION 0o0 Outdoor Dining ~ Tree Well c::::J Bike Rack ~ Bench D Trash Can 0 Light Pole ® Signal X Type 3 Barricade @ Bollard m w ::, z w ~ Cl z <( er: (!J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 6976 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 6976 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 6976 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 6976 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . . . PC RESO NO. 6976 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . PC RESO NO. 6976 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . PC RESO NO. 6976 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, PC RESO NO. 6976 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . . . 1 2 3 4 5 6 7 8 9 10 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 ~ S~clfl\;\)y 12 KERRY SIEKMANN, Chairpers'on 13 CARLSBAD PLANNING COMMISSION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: DON NEU City Planner PC RESO NO. 6976 -10- Shannon Werneke From: Sent: To: Subject: Dear Ms. Werneke, Christine Davis -Coolest Shoes in California <chris@cootestshoesincalifornia.com> Sunday, April 26, 2015 11:18 AM Shannon Werneke Farmer's Market Permit Extension My name is Christine Davis and I own and manage Coolest Shoes in California, a shoe boutique located at 2984 State Street. I just received the "Early Public Notice" regarding the permit extension for the Farmer's Market. I was a big advocate, from the start, for moving the Farmer's Market from the small parking lot on Roosevelt to the hub of the vrtlage which is State Street. The foot traffic from the Farmer's Market has significantly increased our store sales every Wednesday, as I had expected, but has also resulted in a much larger "local" customer base than we had ever anticipated when we chose the village as the location for our store. That has been a pleasant and unexpected outcome of the move. We are a "sit and fit" store which means we take the time to talk with every one of our customers to get to know them and their needs. We hear again and again that people discover us for the first time while shopping at the Farmer's Market. They now visit us on Farmer's Market day to "see what's new." Because of this we have implemented a Customer Appreciation Program to benefit returning customers and it has been a tremendous success for both us and our customers. I know that in the beginning days, some merchants were concerned that the market would take away parking and would result in a loss of sales. t am happy to say that t now hear from those same merchants that their sales are not only higher on Wednesday but that the market has also brought them returning, local customers that they did not have before. Our store would see a significant drop in sales on Wednesday as well as a decline in overall local patronage if the Farmer's Market was not to continue on State Street. It is my hope that not only will it remain where it is currently located but that it will continue to grow to further benefit our Carlsbad locals and visitors, and in turn will continue to benefit the village merchants with increased sales. I look forward to the next public hearing before the Planning Commission. If there is anything I can do or any information I can provide to help the Planning Commission, please let me know. Christine Davis Coolest Shoes in California 2984 State Street Carlsbad, CA 92008 www .coolestshoesinca lifo rn la .com 760-730-3700 Store 760-644-2121 Cell 1 811:112015 Subject: Carlsbad Farmer's Market From: Gregg Vlsintainer <gregg@vizartink.com> Date: Wed, Aug 12, 2015 6:25 pm To: info@carlsbad-village.com Hello Chnsbne. Workspace Wetxnail :: Print I am the owner of the Viz Art Ink Gallery on the corner of State and Grand. I opened the gallery almost three years ago when the once sad farmer's market was in the parking lot. I was here the first day the market started on State Street and I can't explain how important this market has become for local businesses, the community and our city. Carlsbad finally has a farmer's market they can be proud of and the location is a huge part of what makes it so special. My business has grown tremendously on Wednesday due to the farmer's market. Wednesdays use to be slow and downtown felt empty. Today, Wednesdays have become our best sales day during the week. It's not everyday you can have 1 OOO's of people in front of your shOp. I always look forward to market day because of the energy and love seeing people moving around in the community. The city comes to life and this market has be.en one of the best decisions Carlsbad has made. I love truly love it! I am 100% onboard with keeping the market right w_here it is. I would love to see the market grow and expand across from Grand. Maybe e"ven become the best farmer's market in San Diego! Best Regards, GREGG "VIZ" VISINTAINER OWNER I ARTIST of VIZ ART INK www.VizArUnk.com E-MAIL ,qregq@vizartink.com GALLERY 760.434.2628 CELL 925.548.6325 2906 STATE STREET, CARLSBAD CA, 92008 Copyright© 2003-2015. All rights reserved. 811Yl015 eriill \ Close Window Subject: Farmers Market From: Nancy <nnvalenzuela@yahoo.com> Date: Wed, Aug 12, 2015 6:07 pm Workspace Webmail : Pnnl To: "info@carlSbad-village.com" <info@carlsbad-village.com> Dear Christine, I am the manager at Coco Rose, a boutique on State Street in Carlsbad. We have enjoyed the Farmers Market on Wednesday afternoons. The number one reason is that it brings people to the Village that might not see our store. We have had repeat customers that found us thru the Market. It has increased our sales on a mid week day as well. l'he more energy that we put into the Village the better it will become. The tourists come to see our quaint town. not a mall. Please help us stay successful and not wither away like we did in 2008-2012. I use to own a store on this block and we closed because of the old closed minded thinking of the people in charge of the village. In 201 O when we closed people asked us to tell Urban Consulting why we closed. I didn't think that it was my job to tell the city how to run their village. All lhese years later they still haven't figured it out. We need new blood a_nd stay current with the times. I'm a senior and try to think about how the next generation after me would like the village to be. Let's make this place like Encinitas and have some fun and make some money. Out with the old and in with the new. Thanks, Nancy Valenzuela Sent from my iPhone Copyright© 2003-2015. All rights reserved. August 12, 2015 To Whom it May Concern: It is my pleasure to write to you in support of the State Street Farmer's Market. In the three months I have been in business, I have seen an increase in business volume due to an increase. in foot traffic during the State Street Farmer's Market. Having a new business, I believe it is important to have as much pedestrian traffic as possible and the State Street Farmer's Market supports this for my business. I am supportive of the extension of the State Street Farmer's Market. Respectfully, Zac Markham Owner, Humble Olive Oils 2922 State Street Carlsbad, Ca 92008 August 13, 2015 A111per·sand Annette Thoma~ 2916 State Street Carlsbad, CA 92008 94-,1-39.'i-I 527 Letter of Support for the Farmer's l\farket Permit Extension on State Street. I'm a new store mvner on State Street and I think that the Farmer's l\.farket should stay on State Street. Residents and visitors come to shop at the Farmer's Market but they also come to stroll around the stores. I chose my business location on State Street with the Farmer's Market in mind. The atmosphere reminds me of the town in Germany where I grew up. Visiting the Farmer's Market is not just for buying produce, you also run into friends you haven't seen in a while, listen to the music or rest on a bench and just watch people go by. State Street provides the best location for the Farmer's Market and l hope it "ill stay here. for years to come. Warm Regards, Annette Thomas August 27, 2015 Planning Division
 1635 Faraday Ave.
 Carlsbad, CA 92008 Dear Planning Commission Members: As a lifelong resident of Carlsbad and Owner/Editor of Carlsbad Magazine, I strongly support our Farmer’s Market remaining on Historic State Street. When it was simply known as First Street in the early 1900’s, that section of State Street was home to “Avocado Days” which was very much like a modern day farmer’s market. It is the perfect place to host Carlsbad’s Farmer’s Market and leaps ahead of where it used to be in the parking lot. There is a lot of momentum with the farmer’s market in that spot. Let’s keep the momentum going! Tim Wrisley Owner/Publisher Carlsbad Magazine