HomeMy WebLinkAbout2004-06-21; Design Review Board; Resolution 2931
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DESIGN REVIEW BOARD RESOLUTION NO. 293
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A FIVE (5) YEAR TIME EXTENSION TO
SEPTEMBER 26, 2009 OF MAJOR REDEVELOPMENT PERMIT
HELD IN THE VILLAGE REDEVELOPMENT AREA AND AN
AMENDMENT TO THE SUMMER HOURS OF OPERATION AND
PERMITTED ACTIVITIES
CASE NAME: VILLAGE FARMER’S MARKET
NO. RP 94-05(A)X2 FOR THE WEEKLY FARMER’S MARKET
APN: 203-304-02, 03,04,05
CASE NO: RP 94-05(A)X2
WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of
the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit
W94-05 to allow a weekly Farmer’s Market in the public parking lot located mid-block on the
east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and Grand
Avenue; and
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 26, 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 Design Review Board approved Resolution No. 269 for a request by the
Carlsbad Village Business Association (“Applicant”) for a time extension (Farmer’s Market
RP94-05(A)Xl) through September 26,2004; and
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WHEREAS, the applicant has filed an application to extend the permit for the Farmer’s
Market for a period of five (5) years and to amend the hours of operation and permitted activities
for the event during the summer months; and
WHEREAS, the Design Review Board did, on the 21St day of June, 2004, 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, the Planning Director has determined that the project is EXEMPT fiom the
requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the
State CEQA Guidelines, for the continuation of an existing use, and will not have any adverse
significant impact on the environment;
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)X2.
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 recommends APPROVAL to the Housing and Redevelopment Commission
of a five (5) year time extension to September 26, 2009 for amended Major
Redevelopment Permit No. RP 94-05(A)x2 to continue the weekly Farmer’s Market
held in the Village Redevelopment Area, based upon the following findings and
subject to the following conditions:
FINDINGS
1. The Design Review Board hereby determines that the previous findings for
Redevelopment Permit RP 04-05 and all subsequent approvals, on file with the City
Clerk, remain applicable to the project and are hereby incorporated by reference.
DRB RES0 NO. 293 -2-
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CONDITIONS
1.
2.
3.
4.
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 of 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 Redevelopment Permit RP04-05(A)x2.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the application 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.
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 Redevelopment Permit RP 04-
05(A)x2, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, 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.
All previous conditions approved for the project shall remain in full force and effect,
with the following exceptions:
Condition No. 1 of Housing and Redevelopment Commission Resolution No. 270 is further
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 booth spaces shall be limited to the number (33)
indicated within the application. From the second Wednesday in September, through the
second to last Wednesday in June, the hours of operation shall be every Wednesday
afternoon from 2:OO p.m. to 6:OO p.m. To set-up for the event and clean up afterwards, the
subject parking lot will be closed from 1:OO p.m. to 8:OO p.m. every Wednesday. From the
last Wednesday in June through the first Wednesday in September, the hours of
operation shall be every Wednesday afternoon from 2:OO p.m. to 8:OO p.m. To set-up for
the event and clean-up afterwards, the subject parking lot will be closed from 1:OO p.m.
DRB RES0 NO. 293 .3 -
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to 9:OO p.m. every Wednesday. During the period of extended hours, two (2) of the
booths may be utilized for the selling of hand made arts and crafts. The total number of
booths, spaces or hours of operation shall not be increased without prior amendment to this
major redevelopment permit.
Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 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, 2004 and ending on September
26, 2009 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 conditions which
will eliminate or substantially reduce such effects. There is no limit to the number of
extensions the Design Review Board may grant.
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DRB RES0 NO. 293 -4-