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HomeMy WebLinkAbout1995-06-20; Housing & Redevelopment Commission; Resolution 270Om slug 22 KKA ~n8 +yg% 205": EG>E .zr= :;&Q ou E22 g% zwv) 0240 a~!$n QOJ 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IQ 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO, 770 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION AND AN AMENDMENT TO MAJOR REDEVELOPMENT PERMIT (RP 94-5) FOR THE VILLAGE FARMER'S MARKET TO EXTEND TERM OF PERMIT AND APPROVE FOUR NON- CERTIFIED, NON-PRODUCE BOOTHS APPLICANT: FARMER'S MARKET CASE NO: RP 94-5(A) WHEREAS, on April 19, 1995, the Design Review the City of Carlsbad held a duly noticed public hearing to an amendment to Major Redevelopment Permit (RP 94-5) to el term for the weekly Farmer's Market and to allow fc certified, non-produce booths at the market located wi Village; and WHEREAS, the Housing and Redevelopment Commissic City of Carlsbad, on June 13, 1995 held a duly notice hearing to consider the recommendations and heard all interested in or opposed to an amendment to Major Redev Permit RP 94-5; and WHEREAS, a Negative Declaration was issued on P 1995 and submitted to the State Clearinghouse for a 30 dE period. No comments were received on the environmental dc NOW, THEREFORE, BE IT RESOLVED by the Hou! Redevelopment Commission of the City of Carlsbad, Califc follows : 1. That the above recitations are true and COI 2. That the above referenced amendments are app~ that the findings and conditions of the Design Review Resolution No. 223, approving the negative declaration, ar Om 21 rrah an8 ow: iUCJ 3045 9 *nL 8 a- zwwg SwF cc->$ c2z 9s&i E:? p% - a>m< aoA 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Review Board Resolution No. 224, approving the amendn Redevelopment Permit RP 94-5, on file with the City C1 incorporated herein by reference, are the findings and co of the Housing and Redevelopment Commission with the f changes and additions: A. That the following finding is added to follows ! "The Design Review Board has determined th will be no significant adverse affect on surrounding land the, public's health and welfare as a result of the 1( continuation of the permitted use." B. Condition No. 1 is amended to read as "The boundaries of the market shall be li the public parking lot located on the east side of Roosevel (mid-block), west of the alley, between Carlsbad Village C Grand Avenue. The total number of booths/spaces shall be to the number (32-33) indicated within the application. T of operation shall be every Wednesday afternoon from 2:OO p.m. To set up for the event and clean-up afterwards, the parking lot will be closed from 1:00 p.m. to 8:OO p.1 Wednesday. The total number of booths, spaces or 1 operation shall not be increased without prior amendment major redevelopment permit. It C. Condition No. 2 is amended to read as "Product sales must be limited to fresh agri products such as fruits, nuts, herbs, vegetables, eggs, hc flowers and nursery stock. Non-produce items such as dric juice, dried beans, meat, fish and dairy products may be the producer has proof that he/she grew, raised, coll caught the product. Also, a maximum of four (4) non-prodl certified product sales booths may be provided for such locally made fresh bread, pastries and/or pastas; thes shall be limited to pre-made local goods to be consumed c No food items shall be prepared on site. The market mus used to sell mass produced (commercial operations) food which are readily available within local grocery stores or No booths for crafts, antiques, or other retail items permitted. An informational booth for Village Merchants allowed for the distribution of advertisements, promotion; brochures, maps, etc. for other merchants within the are; 2 I 2 3 4 5 6 7 8 9 10 11 12 om a> SUE iEc" 13 408 dVW8 JLcJ 14 2055 d->E c&= nun2 15 -I I a- s&%: E:; oZJ - 16 aC%Q 0 aod is zc; 17 18 19 20 21 22 23 24 25 26 27 28 0 a including restaurants. One (1) educational booth may permitted. 'I D. Condition No. 9 is amended to read as "This Major Redevelopment Permit is grant( period of five (5) years beginning on September 27, 1994 an on September 27, 1999 and subject to cancellation at any t 60 days written notice. The Major Redevelopment Permit reviewed by the Housing and Redevelopment Director on i basis to determine if all conditions of this permit have and that the use does not have a substantial negative a surrounding properties including but not limited to provisions or the public health and welfare. If the Hou Redevelopment Director determines that the use has such sub negative effects, the Housing and Redevelopment Directc recommend that the Design Review Board, after provid permittee the opportunity to be heard, add additional condi reduce or eliminate the substantial negative effects, Thi may be revoked at any time after a public hearing, if it that the use has a substantial detrimental affect on sur land uses and the public's health and welfare, or the co imposed herein have not been met. This permit may be ext the Design Review Board thereafter for a reasonable period not to exceed five (5) years upon written application permittee made no less than 90 days prior to the expirati The Design Review Board may not grant such extensions, u finds that there are no substantial negative affects on sur land uses or the public's health and welfare. If a sub negative affect on surrounding land uses or the public's he welfare is found, the extension shall be denied or gran conditions which will eliminate or substantially redl effects. There is no limit to the number of extensions th Review Board may grant." E. Condition No. 10 is added to read as "The Village Business Association SI responsible for providing (at its own cost) and posting a of three (3) parking directional signs every Wednesday pric Farmer's Market. The Association shall ensure that the remain in place for the entire period of the Markc Wednesday, These signs shall be of professional quality E be at least three feet (width) by four feet (height) in minimum of one (1) sign shall be placed at the south ent the Alley (east of the project site) and a minimum of one shall be placed at the north entrance to the Alley (eas project site). A minimum of one (1) sign shall also be prc the Madison Street entrance to the Great Western Bank located at 699 Grand Avenue. Sign copy must be pre-approvl Housing and Redevelopment Director. The Association shal: responsible for distribution of information regarding othc 3 e 0 am SUI$ I?? Err& 5;;s an8 $055 ~->g El= 9 OnL 8 a- a>m$ zwmo 0Z-I - y;2 p% La8 00 QOJ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parking lots in the area and for encouraging shoppers to these lots. I' 3. A complete list of all conditions is attachec resolution as Exhibit "A". 4. This action of approval is final the dl resolution is adopted by the Housing and Redevelopment Con The provision of Chapter 1.16 of the Carlsbad Municipal COC Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" !'The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if'he has one. A written request for the preparation of the record of the /// /// /// /// /// /// /// 4 0 0 I 2 3 4 5 6 7 8 9 10 11 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeti: Housing and Redevelopment Commission of the City of Carlsb 20th day of JUNE 1995, by the following vote, 1 AYES : Commissioners Lewis, Nygaard, Kulchin, Finnila, NOES: None ABSENT : None 0 02 SW! &gcb 4og YUU ow&.! $045 &+$ 9008 si$z E:? OZJ? ""90 50 >2% QOJ j:~~:~ & 7.-_. * , \Ti\, / ' \ '\ i', \,:, \\.\,, ' '\\ " $., )J, .I % ', ./-.> \w i "- / i A - ,I RAYM D R. PATCHETT, Secretary 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 II 0 a MAJOR REDEVELOPMENT PERMIT (94-5) As Amended by the City Council on June 13, 1995 FINDINGS No. 1 The proposed project will enhance the commercia function of the downtown and is therefore consist the goals and objectives of the Village Design The Village Center, in which this project is loc to serve as a focal point for the area and be( major attraction for the downtown. The proposed for the area. provides an attraction which is consistent with t No. 2 The project is located in Subarea 1 of the Redevelopment Project Area. The uses allowed area are the same as those allowed within the and R-P zones. The proposed use is consistent Village Design Manual. No. 3 The project is consistent with the goals and ob of the General Plan because the project has , pedestrian orientation and will foster a d community concept for the downtown core commerc in which this project is located. No. 4 The use will be operated in a manner which does a significant adverse impact on surrounding propt the public health and welfare. No. 5 The existing parking is satisfactory under the pr of the parking code because the project has been from the requirement under section 21.35.130 Carlsbad Municipal Code with the following justif a. The application of certain provisions woul in practical difficulties or unnecessary k which would make development inconsistent general purpose and intent of the Carlsbac Redevelopment Plan. Due to the fact that the Farmer's Market ~n be operated one day a week for a few h would be impractical to require the appl pay for and/or provide additional on-site site parking at the applicant's own cost. provides an unnecessary hardship on the project because there is adequate public within a reasonable distance of the project . The overall goal of the Redevelopment Project is to create a 1 attractive, accessible environment for shopping, recreation, civic, cultural and e 0 functions. The proposed project is consist this goal. b. There are exceptional circumstances or cc unique to the property or the proposed dev which do not generally apply to other prop developments which have the same st restrictions and controls. The proposed Farmer's Market will be ope public property by a non-profit organizati event will only be held once a week for a of three (3) hours. This project is ver and should not be subject to the same stan a business which, is operating on a dai from 9:00 a.m. to 5:OO p.m. Based on th conditions of the proposed project, it is n for the City to allow exceptions to tl standards, specifically on-site requirements, in order to ensure that the is feasible. It is anticipated that the market will have a positive impact on the Redevelopment Area by offering a unique opportunity for local residents and touris c. The granting of an exemption will not be i other properties or improvements in the area. The proposed Certified Farmer's Market will one day a week for a maximum of three ( 3 ) t week. A Market Manager will be hired to the market in a manner which prohibits any which might be injurious or materially det to the public welfare, other proper improvements in the Village. A security gL also be on duty during the hours of the ma d. The granting of an exemption will not cc the standards established in the Villagl Manual. The proposed use is consistent with the those which are allowed by the C-1, C-2 zones. Florist shops and fruit stores allowed within the noted zoning. The Village Design Manual requires that provisions for off street parking be provi any building or structure is erected, en1 or materially detrimental to the public Design Manual. Uses allowed within this 2 m m intensified in use. Although no structure erected, enlarged or intensified, a public lot will be used temporarily for a retail c which results in an intensification of u! loss of public parking. However, since adequate public parking within 300 feet proposed market, there will be no negativ on access to other businesses, the beach attractions within the area. The grantin noted exemptions will not contradict the s because this is only a temporary modific land use. established within the Village Design No. 6 The Design Review Board has determined that therc no significant adverse affect on surrounding lanc the public's health and welfare as a result of term continuation of the permitted use. CONDITIONS No. 1 The boundaries of the market shall be limitec public parking lot located on the east side of B Street (mid-block), west of the alley, between Village Drive and Grand Avenue. The total n booths/spaces shall be limited to the number indicatedwithin the application. The hours of c shall be every Wednesday afternoon from 2 :00 to C To set up for the event and clean-up afterwa subject parking lot will be closed from 1:00 p.m p.m. every Wednesday. The total number of booths or hours of operation shall not be increased prior amendment to this major redevelopment per No. 2 Product sales must be limited to fresh agri products such as fruits, nuts, herbs, vegetable honey, cut flowers and nursery stock. Non-prodt such as dried fruit, juice, dried beans, meat, he/she grew, raised, collected or caught the Also, a maximum of four (4) non-produce, non-c product sales booths may be provided for such locally made fresh bread, pastries and/or past? booths shall be limited to pre-made local goo consumed off-site. No food items shall be pre site. The market must not be used to sell mass (commercial operations) food products which are available within local grocery stores or mark booths for crafts, antiques, or other retail itc be permitted. An informational booth for Merchants will be allowed for the distribl dairy products may be sold if the producer has PI 3 9 0 e advertisements, promotional items, brochures, ma for other merchants within the area, i restaurants. One (1) educational booth may permitted. No. 3 A complete set of "Farmer's Market Rules and Agreement" must be submitted to the Hous Redevelopment Director for review and approva rules must include information on clean-up and vendor parking locations, signage, and disposal c These rules must be approved by the Hous Redevelopment Director at least fourteen (14) da to the first day of the proposed Farmer's Marke No. 4 The Village Business Association shall be responsible for the set-up and clean-up of thl These responsibilities include posting of signs as trash collection, removal and disposal so ' parking lot is completely free of trash and debrj conclusion of the event, Any damage to the lot(s), landscaping or irrigation shall be rep the City but must be paid for by the Associa. sponsor of event). No. 5 The Village Business Association shall provide one security guard which shall be on duty at a during hours of the market. NO. 6 A complete signage and traffic control plan approved by the City's Traffic Engineer and the and Redevelopment Director at least fourteen ( prior to the first day of the proposed Farmer's The plan must include dimensions of signs, tota of signs and exact locations on the public st within the parking lot. No. 7 The Association will be required to provide co general liability insurance including claims for to persons or damage to property which may aris insurance shall not be less than $1 million single limit per occurrence for bodily injury, injury and property damage. This shall be insurance and shall include an endorsement to tk naming the City of Carlsbad, its officers, and e as additional insureds. The certificate of i including additional insured's endorsement, received by the City at least ten (10) days pric start of market operations. No. 8 'No Parking TOW AWAY' signs which include the time of restriction must be posted 72 hours in ac the beginning of the parking restriction. The 4 . 0 0 Business Association shall be completely respons posting the signs and ensuring that they remain during the entire 72 hour period; missing or va' signs must be replaced by the applicant. The Ass1 shall also be responsible for notifying the 1 Police Department each week when the signs are in The Association shall also notify local busint provide vehicle identification and will not requ a vehicle be towed without first attempting to nc vehicle owner of this parking requirement. The are temporary and must be removed each Wednesda end of the market and re-installed as noted here parking lot shall be closed form 1:00 p.m. to 8 for the event. No. 9 This Major Redevelopment Permit is granted for of five (5) years beginning on September 27, ending on September 27, 1999 and subject to canc at any time upon 60 days written notice. TI Redevelopment Permit shall be reviewed by the Hoc Redevelopment Director on a yearly basis to dete all conditions of this permit have been met and use does not have a Substantial negative aj surrounding properties including but not lin parking provisions or the public health and welf the Housing and Redevelopment Director determi the use has such Substantial negative effec Housing and Redevelopment Director shall recomm the Design Review Board, after providing the p the opportunity to be heard, add additional condj reduce or eliminate the Substantial negative This permit may be revoked at any time after hearing, if it is found that the use has a suk detrimental affect on surrounding land uses public's health and welfare, or the conditions herein have not been met. This permit may be ext the Design Review Board thereafter for a re period of time not to exceed five (5 ) years upor application of the permittee made no less than prior to the expiration date. The Design Revi may not grant such extensions, unless it finds tk are no Substantial negative affects on surround uses or the public's health and welfare. Substantial negative affect on surrounding land the public's health and welfare is found, the E shall be denied or granted with conditions wh eliminate or substantially reduce such effects. Board may grant. no limit to the number of extensions the Desic No. 10 The Village Business Association shall be respon; providing (at its own cost) and posting a mi 5 0 e three (3) parking directional signs every Wednesc to the Farmer's Market. The Association shal that these signs remain in place for the entire 1 the Market every Wednesday. These signs sha: professional quality and shall be at least th (width) by four feet (height) in size. A minimt (1) sign shall be placed at the south entsancl alley (east of the project site) and a minimum 0: sign shall be placed at the north entrance to t (east of the project site). A minimum of one shall also be provided at the Madison Street ent the Great Western Bank property located at 6 Avenue. Sign copy must be pre-approved by the and Redevelopment Director. The Association st be responsible for distribution of information I other public parking lots in the area and for enc shoppers to park in these lots. 6