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HomeMy WebLinkAbout2006-09-19; Housing & Redevelopment Commission; Resolution 4271 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 427 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR REDEVELOPMENT PERMIT AMENDMENT 4 (RP 94-05(A)X4) TO ALLOW FOR THE VILLAGE FARMER'S MARKET TO AMEND THE HOURS OF THE WEDNESDAY 5 FARMER'S MARKET, AND TO ELIMINATE THE EXTENDED SUMMER HOURS ON WEDNESDAY, AND ALLOW A MAXIMUM OF 6 SEX (6) OPEN COOKING VENDORS AND TWO (2) ADDITIONAL NON-PRODUCE VENDORS DURING THE WEDNESDAY AND 7 SATURDAY FARMER'S MARKET HELD IN THE VILLAGE REDEVELOPMENT AREA. 8 APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION CASE NO: RP 94-05f A)X4 WHEREAS, on July 24, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit Amendment (RP 94-05(A)X4) to amend the 12 hours of the Wednesday Farmer's Market, and to eliminate the extended summer hours on Wednesday, 13 and allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors 14 during the Wednesday and Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue, and " adopted Design Review Board Resolution No. 312 recommending to the Housing and Redevelopment 17 Commission that the amendment to Major Redevelopment Permit RP 94-05(A)X3 be approved with 18 conditions; and 19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of 20 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons 21 interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X3; and 22 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 »c 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 15311 of the State CEQA 27 Guidelines, as placement of a minor structure accessory to an existing facility, and will not have any 28 adverse significant impact on the environment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 4 2. That Major Redevelopment Permit RP 94-05(A)X4 is APPROVED and that the findings 5 and conditions of the Design Review Board contained in Resolution No. 312, on file in the City Clerk's 6 Office and incorporated herein by reference, are the findings and conditions of the Housing and 7 Redevelopment Commission. 8 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, , Q analyzed and considered the environmental determination for this project and any comments thereon. 11 The Housing and Redevelopment Commission finds that: 12 (a) The project is consistent with the applicable general plan designation and all 13 applicable general plan policies as well as with applicable zoning designation and regulations; 14 (b) The proposed development is the placement of a minor structure accessory to an 1 5 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; 17 (d) Approval of the project would not result in any significant effects relating to traffic, 18 noise, air quality, or water quality; and 19 (e) The site can be adequately served by all required utilities and public services. 20 The Housing and Redevelopment Commission finds that the environmental determination 21 reflects the independent judgment of the Housing and Redevelopment Commission of the City of 22 Carlsbad. 23 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 26 Review" shall apply: 27 NOTICE TO APPLICANT: 28 HRC RESO NO. -2- "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 -j 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 4 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 5 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/her attorney of record, if he/she has one. A 6 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." 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC RESO NO. -3- 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 19th day of September, 2006, by the following vote: AYES: Commission Members Lewis, Hall, Kulchin, Sigafoose NOES: None ABSENT: Packard I\S, Chairman ATTEST: RAYMOND R. PATCHETT, Secretary (SEAL) r ^/ESTABLISHED'M^ - x i : » : = |\ 1970 /£,: