HomeMy WebLinkAbout1999-09-27; Design Review Board; Resolution 2691
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DESIGN REVIEW BOARD RESOLUTION NO. 269
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A TIME EXTENSION
05(A)) TO EXTEND THE TERM FOR THE WEEKLY FARMER’S
MARKET LOCATED WITHIN THE VILLAGE. CASE NAME: VILLAGE FARMERS MARKET
FOR AN AMENDED MAJOR REDEVELOPMENT PERMIT (RP 94-
APN: 203-304-02, 03, 04, 05
CASE NO: RP 94-05(A)XI
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did,
on the 20th day of June, 1995, approve Resolution No. 270 extending the term of the Village
Farmer’s Market for five years ending on September 27, 1999; and
WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did
authorize the Design Review Board to extend the permit for the Farmer’s Market 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; and
WHEREAS, the request for a time extension (Farmer’s Market RP94-05(A)Xl) was
timely filed on June 29, I999 by the Carlsbad Village Business Association (“Applicant”) to
allow the continuation of 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 Planning Director has determined that the project is EXEMPT from the
requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the
State CEQA Guidelines and will not have any adverse significant impact on the environment;
and
WHEREAS, the Design Review Board did, on the 27th day of September, 1999,
hold a duly noticed public hearing to consider said request on public property described
as:
DRB RES0 NO. 269
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Lots 9, IO, 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 Farmer’s Market RP94-05(A)XI.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review
Board as follows:
1. That the foregoing recitations are true and correct.
2. That based on the evidence presented at the public hearing, the Design Review
Board hereby APPROVES Farmer’s Market RP94-05(A)XI, based on the findings
and subject to the conditions as approved by the Housing and Redevelopment
Commission on June 20, 1995 in Resolution No. 270, except as follows:
1. The Design Review Board hereby determines 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.
1. Condition No. 9 is further amended to read as follows:
This time extension to amended Major Redevelopment Permit No. RP 94-05(A) is granted
for a period of five (5) years beginning on September 27, 1999 and ending on
September 27, 2004 and 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 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
including but not limited to 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 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
DRB RES0 NO. 269 PAGE 2
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conditions which will eliminate or substantially reduce such effects. There is no limit to the
number of extensions the Design Review Board may grant.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 27th day of September, 1999, by the
following vote to wit:
AYES: Chairperson Compas, Board Members: Marquez and Lawson.
NOES: None.
ABSENT: Board Member Marois and Heineman.
ABSTAIN: None.
CARLSBAD DESIGN REVIEW BOARD
AlTEST:
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 269 PAGE 3