HomeMy WebLinkAbout1994-08-17; Design Review Board; Resolution 2151
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DESIGN REVIEW BOARD RESOLUTION NO. 215
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
MAJOR REDEVELOPMENT PERMIT TO ALLOW A WEEKLY
FARMER’S MARKET IN THE PUBLIC PARKING LOT ON THE EAST
VILLAGE DRIVE AND GRAND AVENUE IN THE VILLAGE.
CASE NAME: FARMER’S MARKET
CASE NO: RP 94-05
SIDE OF ROOSEVELT STREET (MID-BLOCK) BETWEEN CARLSBAD
APN: 203-304-02, 03, 04, 05
WHEREAS, a request for a Major Redevelopment Permit to allow a
Certified Farmer’s Market to be held on a weekly basis in the public parking lot located mid-
block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue;
and
WHEREAS, the Design Review Board did on the 17th day of August, 1994 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, 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 Major Redevelopment Permit 94-05.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design
Review Board as follows:
1. That the foregoing recitations are true and correct.
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DRB Resolution No. 215
Page 2
2.
FINDINGS:
1.
2.
3.
4.
5.
That based on the’ evidence presented at the public hearing, the Design
Review Board hereby recommends APPROVAL of a Major
Redevelopment Permit, Rp 94-05 to allow a Certified Farmer’s Market
to be held on a weekly basis in the public parking lot located on the east
of Roosevelt Street, west of the Alley, between Carlsbad Village Drive
and Grand Avenue based on findings and subject to the following
conditions :
The proposed project will enhance the commercial center function of the
downtown and is therefore consistent with the goals and objectives of the
Village Design Manual. The Village Center, in which this project is
located, is to serve as a focal point for the area and become the major
attraction for the downtown. The proposed project provides an attraction
which is consistent with the goals for the area.
The project is located in Subarea 1 of the Village Redevelopment Project
Area. The uses allowed in this area are the same as those allowed within
the C-1, C-2 and R-P zones. The proposed use is consistent with the
Village Design Manual.
The project is consistent with the goals and objectives of the General
Plan because the project has a strong pedestrian orientation and will
foster a desirable community concept for the downtown core commercial
area in which this project is located.
The use will be operated in a manner which does not have a significant
adverse impact on surrounding properties or the public health and
welfare.
The existing parking is satisfactory under the provisions of the parking
code because the project has been exempted from the requirement under
section 21.35.130 of the Carlsbad Municipal Code with the following
justification:
a. The application of certain provisions would result in practical
difficulties or unnecessary hardships which would make
development inconsistent with the general purpose and intent of
the Carlsbad Village Redevelopment Plan.
Due to the fact that the Farmer’s Market will only be
operated one day a week for a few hours, it would be
impractical to require the applicant to pay for and/or provide
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DRB RESOLUTION NO. 21$
Page 3
additional on-site or off-site parking at the applicant’s own
cost. It also provides an unnecessary hardship on the
proposed project because there is adequate public parking
within a reasonable distance of the proposed project. The
overall goal of the Village Redevelopment Project is to create
a pleasant, attractive, accessible environment for living,
shopping, recreation, civic, cultural and service functions.
The proposed project is consistent with this goal.
b. There are exceptional circumstances or conditions unique to the
property or the proposed development which do not generally
apply to other properties or developments which have the same
standards, restrictions and controls.
The proposed Farmer’s Market will be operated on public
property by a non-profit organization. The event will only be
held once a week for a maximum of three (3) hours. This
project is ery unique and should not be subject to the same
standardfs a business which is operating on a daily basis
from 9:0 am to 5:OOpm. Based on the unique conditions of
the proposed project, it is necessary for the City to allow
exceptions to the noted standards, specifically on-site parking
requirements, in order to ensure that the project is feasible.
It is anticipated that the proposed market will have a positive
impact on the Village Redevelopment Area by offering a
unique shopping opportunity for local residents and tourists.
C. The granting of an exemption will not be injurious or materially
detrimental to the public welfare, other properties or
improvements in the project area.
The proposed Certified Farmer’s Market will operate one day
a week for a maximum of three (3) hours per week. A
Market Manager will be hired to operate the market in a
manner which prohibits any activity which might be injurious
or materially detrimental to the public welfare, other
properties or improvements in the Village. A security guard
will also be on duty during the hours of the market.
d. The granting of an exemption will not contradict the standards
established in the Village Design Manual.
The proposed use is consistent with the Village Design
Manual. Uses allowed within this area are those which are
allowed by the C-2, C-1 and R-P zones. Florist shops and
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DRB RESOLUTION NO. 215
Page 4
fruit stores or other food markets are all allowed within the
noted zoning.
The Village Design Manual requires that adequate provisions
for off street parking be provided when any building or
structure is erected, enlarged or intensified in use. Although
no structure is being erected, enlarged or intensified, a public
parking lot will be used temporarily for a retail operation
which results in an intensification of use and a loss of public
parking. However, since there is adequate public parking
within 300 feet of the proposed market, there will be no
negative impact on access to other businesses, the beach or
other attractions within the area. The granting of the noted
exemptions will not contradict the standards established
within the Village Design Manual because this is only a
temporary modification of land use.
CONDITIONS:
1. 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 boothshpaces shall be limited to the number (32-33) indicated
within the application. The total number of boothdspaces shall not be
increased without prior amendment to this Major Redevelopment Permit.
2. Product sales must be limited to fresh agricultural products such as
fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery
stock. Non-produce items such as dried fruit, juice, dried beans, meat
and dairy products may be sold if the producer has proof that he/she
grew, raised, collected or caught the product. The market must not be
used to sell commercially produced products. No booths for crafts,
antiques, or other retail items shall be permitted. An informational booth
for Village Merchants will be allowed for the distribution of
advertisements, promotional items, brochures maps, etc. for other
merchants within the area, including restaurants.
3. A complete set of "Farmer's Market Rules and Producer Agreement"
must be submitted to the Housing and Redevelopment Director for
review and approval. The rules must include information on clean-up and
set-up, vendor parking locations, signage, and disposal of waste. These
rules must be approved by the Housing and Redevelopment Director at
least fourteen (14) days prior to the first day of the proposed Farmers'
Market.
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DRB RESOLUTION NO. 215
Page 5
4.
5.
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8.
9.
The Village Business 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 the parking
lot(s), landscaping or irrigation shall be repaired by the City but must be
paid for by the Association (as sponsor of event).
The Village Business Association shall provide at least one security guard
which shall be on duty at all times during hours of the market.
A complete signage and traffic control plan must be approved by the
City's Traffic Engineer and the Housing and Redevelopment Director at
least fourteen (14) days prior to the first day of the proposed Farmers'
Market. The plan must include dimensions of signs, total number of
signs and exact locations on the public street and within the parking lot.
The Association will be required to provide commercial general liability
insurance including claims for injuries to persons or damage to property
which may arise. This insurance shall not be less than $1 million,
combined single limit per occurrence for bodily injury, personal injury
and property damage. This shall be primary insurance and shall include
an endorsement to the policy naming the City of Carlsbad, its officers,
and employees as additional insureds. The certificate of insurance,
including additional insured's endorsement, must be received by the City
at least ten (10) days prior to the start of market operations.
"No parking TOW AWAY " signs which include the date and time of
restriction must be posted 72 hours in advance of the beginning of the
parking restriction. The Village Business Association shall be completely
responsible for posting the signs and ensuring that they remain in place
during the entire 72 hour period; missing or vandalized signs must be
replaced by the applicant. The Association shall also be responsible for
notifying the Carlsbad Police Department each week when the signs are
installed. These signs are temporary and must be removed each
Wednesday at the end of the market and re-installed as noted herein.
The parking lot shall be closed from 1:00pm to 8:00pm for the event.
Initial permit approval is granted for a period of six (6) months. This
permit shall be reviewed by the Housing and Redevelopment Director
after six (6) months to determine if all conditions of this permit have
been met and that the use did not have a significant detrimental impact
on surrounding properties or the public health and welfare. If the
Housing and Redevelopment Director determines that the conditions of
the permit were met and the use did not have a significant adverse
environmental impact, an application for an extension of this permit may
be presented to the Design Review Board following additional CEQA
(environmental) review by the Planning Director to determine the effect
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DRJ3 Resolution No. 215
Page 6
of a longer term project on surrounding land uses or the public’s health
and welfare. In granting such permit extension, the Design Review Board
shall find no substantial adverse affect on surrounding land uses or the
public’s health and welfare will result because of the long term
continuation of the permitted use. This permit may be extended for a
reasonable period of time not to exceed five years, including the initial
six (6) month review period. If subsequent environmental review
discloses any substantial adverse affect, the extension application shall be
considered as an original application for a redevelopment permit. After
providing the applicant the opportunity to be heard, conditions shall be
added to the permit to require compliance with all feasible measures to
mitigate any significant adverse impacts which might be identified during
subsequent CEQA review.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 17th day of August, 1994 by the
following vote to wit:
AYES: Savary, Noble, Welshons, Vessey, Marquez
NOES: None
ABSENT: None
ABSTAIN: None
DESIGN REVIEW BOARD
AWST: A,
-- \I I
EVAN E. BECKER,
HOUSING AND REDEVELOPMENT DIRECTOR