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HomeMy WebLinkAbout1995-04-19; Design Review Board; Resolution 2241 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 224 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR REDEVELOPMENT PERMIT 94-05 TO EXTEND THE TERM FOR THE WEEKLY FARMER’S MARKET AND AT THE MARKET LOCATED WITHIN THE VILLAGE. CASE NAME: FARMER’S MARKET TO ALLOW FOR FOUR NON-CERTIFIED, NON-PRODUCE BOOTHS APN: 203304-02. 03, 04. 05 WHEREAS, the Carlsbad Village Business Association has filed a request for an extension of a Major Redevelopment Permit (94-05) to continue 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 19th day of April, 1995 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. .... .... .... .... .... .... 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 DRB Resolution No. 224 Page 2 2. That based on the evidence presented at the public hearing, the Design Review Board hereby APPROVES a recommendation to the Housing and Redevelopment Commission to approve an extension of Major Redevelopment Permit 94-05 to allow the continuation of the Village Farmer's Market subject to the findings and conditions approved by the Design Review Board on August 17, 1994 in Resolution No. 215 and amended by the Housing and Redevelopment Commission on September 27, 1994 in Resolution No. 258 with the following additions and/or revisions to those findings and conditions: A. The following finding is added to read as follows: The Design Review Board has determined that there will be no significant adverse affect on surrounding land uses or the public's health and welfare as a result of the long term continuation of the permitted use. B. Condition No. 1 is 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 boothdspaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 2:00pm to 6:00pm. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00pm to 8:00pm every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit. " C. Condition No. 2 is amended to read as follows: "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, 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 four (4) non-produce, non-certified product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas; these booths shall be limited to pre-made local goods to be consumed off-site. No food items shall be prepared 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. No booths for crafts, antiques, or other retail items shall be permitted. An informational 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 224 Page 3 .... .... .... 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. One (1) educational booth may also be permitted." D. Condition No. 9 is amended to read as follows: "This Major Redevelopment Permit is granted for a period of five (5) years beginning on September 27, 1994 and ending on September 27, 1999. This 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 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 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 substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. .... .... .... .... .... 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 224 Page 4 .... .... E. Condition No. 10 shall be added 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 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. 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 must be pre-approved by the Housing and Redevelopment Director. The Association shall also be responsible for distribution of information regarding other public parking lots in the area and for encouraging shoppers to park in these lots.” PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 19th day of April, 1995 by the following vote to wit: AYES: Noble, Welshons, Savary, Vessey NOES: None ABSENT: Marquez ABSTAIN: None Aa.$p7& BAILEY NO , CHAIRPERSON DESIGN REWW BOARD EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR