HomeMy WebLinkAbout2006-07-24; Design Review Board; Resolution 3121 DESIGN REVIEW BOARD RESOLUTION NO. 312
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94-
4 05(A)X4 TO ALLOW FOR THE VILLAGE FARMER'S MARKET
TO AMEND THE HOURS OF THE WEDNESDAY FARMER'S
MARKET, AND TO ELIMINATE THE EXTENDED SUMMER
6 HOURS ON WEDNESDAY, AND ALLOW A MAXIMUM OF SIX
(6) OPEN COOKING VENDORS AND TWO (2) ADDITIONAL
7 NON-PRODUCE VENDORS DURING THE WEDNESDAY AND
SATURDAY FARMER'S MARKET HELD IN THE VILLAGE
8 REDEVELOPMENT AREA
9 CASE NAME: FARMER'S MARKET GROWTH PROJECT
APN: 203-304-02, 03, 04, 05
10 CASE NO: RP 94-05(A)X4
WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of
12 the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit
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RP94-05 to allow a weekly Farmer's Market in the public parking lot located mid-block on the
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, <- east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and Grand
16 Avenue; and
17 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
19 Farmer's Market for five years ending on September 26,1999; and
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WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did
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22 authorize the Design Review Board to extend the permit for the Farmer's Market for a reasonable
23 period of time not to exceed five (5) years upon written application of the permittee made no less
24 than 90 days prior to the expiration date; and
25 WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the
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Carlsbad Village Business Association ("Applicant") for a time extension (Farmer's Market
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RP94-05(A)X1) through September 26, 2004; and28
1 WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on
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the 13th day of July, 2004, adopt Resolution No. 387 extending the term of the Farmer's Market
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for five years ending on September 26, 2009; and
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WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on
6 the 10th day of May, 2005, adopt Resolution No. 393 amend the permit for the Farmer's Market
7 in order to allow for a weekly Saturday Farmer's Market to be held in the morning hours in the
Q same location of the previously approved Farmers Market; and
9 WHEREAS, the applicant has filed an application to amend the hours of the Wednesday
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Farmers Market, and to eliminate the extended summer hours on Wednesday, and allow open
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,~ cooking vendors and two (2) additional non-produce vendors during the Wednesday and
13 Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east
14 side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District
1 of the Carlsbad Village Redevelopment Area; and
16 thWHEREAS, the Design Review Board did, on the 24to day of July, 2006, hold a
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duly noticed public hearing to consider said request on public property described as:
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19 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
20 thereof No. 775, filed in the Office of the County Recorder of San Diego County.
21 WHEREAS, the Planning Director has determined that the project is EXEMPT from the
22 requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the
23 State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and
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will not have any adverse significant impact on the environment;
~s WHEREAS, at said public hearing, upon listening to and considering all testimony and
27 arguments, if any, of all persons desiring to be heard, said Design Review Board considered all
28 factors relating to Farmer's Market RP94-05(A)X4.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review
2 Board as follows:
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1. That the foregoing recitations are true and correct.
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2. That based on the evidence presented at the public hearing, the Design Review Board
hereby recommends APPROVAL to the Housing and Redevelopment Commission
6 Major Redevelopment Permit No. RP 94-05(A)X4 to allow for the Village Farmer's
Market to amend the hours of the Wednesday Farmer's Market, and to eliminate the
7 extended summer hours on Wednesday, and allow a maximum of six (6) open
cooking vendors and two (2) additional non-produce vendors during the Wednesday
and Saturday Farmer's Market held in the Village Redevelopment Area, based upon
the following findings and subject to the following conditions:
10 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.
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CONDITIONS
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. 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;
17 deny, revoke or farther 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)x4.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
21 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,
23 shall require an amendment to this approval.
24 3. 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-
27 05(A)x4, (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
DRBRESONO. 312 -3-
without limitation, any and all liabilities arising from the emission by the facility of
2 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
3 validated.
4 4. All previous conditions approved for the project shall remain in full force and effect,
t- with the following exceptions:
6 Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further
amended to read as follows:
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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
9 Grand Avenue. The total number of booth spaces shall be limited to the number (33)
indicated within the application. Two (2) of the booths may be utilized for the selling of
10 hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be every
Saturday from 8:00 a.m. to 1:00 p.m. To set up for the event and clean up afterwards, the
subject parking lot will be closed from 7:00 a.m. to 2:00 p.m. The hours of operation for
, 2 the Wednesday Farmer's Market shall be every Wednesday from 1:00 p.m. to 5:00 p.m.
To set-up for the event and clean up afterwards, the subject parking lot will be closed
13 from 12:00 noon to 6:00 p.m. every Wednesday. Extended summer hours of operation
from previous approval are omitted. The total number of booths, spaces or hours of
14 operation for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not be
increased without prior amendment to this major redevelopment permit.
16 Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further
amended to read as follows:
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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
1 9 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 six (6) non-
20 produce product sales booths may be provided for such items as locally made fresh bread,
pastries and/or pastas. Open-cooking is permitted, subject to final approval by the local
21 Health Department, and is limited to six (6) non-produce vendors allowing these
jj vendors to make fresh samples of their products that may be consumed on-site. The
market must not be used to sell mass produced (commercial operations) food products which
23 are readily available within local grocery stores or markets. Two (2) booths for the selling of
hand made arts and crafts are allowed during all hours of operation of this permit. An
24 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. One (1) educational booth may also be permitted.
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Condition No. 9 of Housing and Redevelopment Commission Resolution No. 393 is further
27 amended to read as follows:
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Initial approval of RP 94-05x4 is granted for a period of six (6) months. This permit
2 shall be reviewed by the Housing & Redevelopment Director after six (6) months to
determine if all conditions of this permit have been met and that the use does not have a
3 significant detrimental impact on surrounding properties or the public health and
welfare. If the Housing & Redevelopment Director determines that the conditions of
the permit are met and the use does not have a significant adverse environmental
<- impact, and does not have a substantial adverse affect on surrounding land uses or the
public's health and welfare, this permit may be extended by the Housing &
6 Redevelopment Director for a reasonable period of time not to exceed five years,
including the initial six (6) month review period. This amendment, RP 94-05(A)X4 is
7 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
9 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
10 Redevelopment Director determines that the use has such substantial negative effects,
the Housing and Redevelopment Director shall recommend that the Design Review
* 1 Board, after providing the permittee the opportunity to be heard, add additional
, j 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
13 detrimental affect on surrounding land uses and the public's health and welfare, which
cannot be mitigated or that the conditions imposed herein have not been met. This
14 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 unmitigated negative affects
on surrounding land uses or the public's health and welfare. If a substantial negative
17 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 reduce
' ° such effects to insignificant. There is no limit to the number of extensions the Design
Review Board may grant.
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PASSED, APPROVED AND ADOPTED at a meeting of the Design Review Board of
the City of Carlsbad, California, held on the 24th day of July, 2006, by the following vote to wit:
AYES: HEINEMAN, LAWSON AND MARQUEZ
NOES: SCHUMACHER
ABSENT: BAKER
ABSTAIN:
CARLSBAD DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 312 -6-