HomeMy WebLinkAbout2005-05-10; Housing & Redevelopment Commission; Resolution 3931
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 393
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR
DAY TO THE WEEKLY FARMER’S MARKET, TO BE HELD ON
SATURDAYS IN THE VILLAGE REDEVELOPMENT AREA.
APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION
REDEVELOPMENT PERMIT NO. RP 94-05(A)X3 TO ADD AN ADDITIONAL
CASE NO: RP 94-05(A)X3
WHEREAS, on March 28, 2005, the City of Carlsbad Design Review Board held a duly noticed
public hearing to consider Major Redevelopment Permit RP 94-05(A)X3 to add an additional day to the
weekly Farmer’s Market, to be held on Saturday’s 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
adopted Design Review Board Resolution No. 296 recommending to the Housing and Redevelopment
Commission that the amendment to Major Redevelopment Permit RP 94-05(A)X2 be approved with
conditions; and
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of
this resolution held a duly noticed public hearing to consider the recommendation and heard all persons
interested in or opposed to an amendment to Major Redevelopment Permit RP 9405(A)X3; and
WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
requirement for preparation of environmental documents pursuant to Section 153 1 I of the State CEQA
Guidelines, as placement of a minor structure accessory to an existing facility, and will not have any
adverse significant impact on the environment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That Major Redevelopment Permit RP 94-05(A)X3 is APPROVED and that the findings
and conditions of the Design Review Board contained in Resolution No. 296, on file in
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the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the
Housing and Redevelopment Commission, except that Condition No. 1 of Housing and
Redevelopment Commission Resolution No. 387 and Condition No. 11 of Design Review Board
Resolution No. 296 are not incorporated and instead the Conditions shall read as follows:
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 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 hand made arts
and crafts. The Saturday Farmer’s Market hours of operation shall be every Saturday from
8:OO 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:OO a.m. to 2:OO p.m. The hours of operation for the Wednesday
Farmer’s Market are as follows: From the second Wednesday in September, through the
second to last Wednesday in June, the hours of operation shall be every Wednesday afternoon
fiom 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 1:00 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 1:00 p.m. to 9:00 p.m. every Wednesday. During the
period of extended hours, the performance of live, non-amplified music will be allowed between
the hours of 5 p.m. and 8 p.m. The total number of booths, spaces or hours of operation for the
Wednesday Farmers Market and/or Saturday Farmer’s Market shall not be increased
without prior amendment to this major redevelopment permit.”
Condition No. 1 1 is amended to read as follows:
“The Saturday Farmer’s Market approval is granted based upon an understanding
that Major Special Event Applicant’s and/or Organizations that have utilized 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, prior to the adoption date of this
resolution have a prior right to utilize said parking lot. Therefore, a Saturday Farmer’s
Market which interferes with a Major Special Event with such a prior right, may be
required to be shut down for that particular day.”
3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
analyzed and considered the environmental determination for this project and any comments thereon.
The Housing and Redevelopment Commission finds that:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and regulations;
HRCRESONO. 393 -2-
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(b) The proposed development is the placement of a minor structure accessory to an
existing facility, and will not have any adverse significant impact on the environment;
(c) The project site has no value as habitat for endangered, rare or threatened species;
(d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.
The Housing and Redevelopment Commission finds that the environmental determination
reflects the independent judgment of the Housing and Redevelopment Commission of the City of
Carlsbad.
4. That this action is final the date this resolution is adopted by the Housing and Redevelopment
Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
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NOTICE TO APPLICANT:
“The time within which judicial review of this decision must be sought, or other exactions hereafter
collectively referred to, 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 hisher attorney of record, if he/she has one. A
written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City
of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008.”
HRCRESONO. 393 -3 -
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PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the 10th day of May
, 2005 by the following vote to wit:
AYES:
NOES: None
ABSENT: Commissioner Lewis
ABSTAIN: None
Commissioners Hall, Kulchin, Hall, Sigafoose
CLAUDE A. LEWIS, CHAIRMAN
MATT HALL, Vice-chairman
ATTEST:
HRCRESONO. 393 -4-