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HomeMy WebLinkAbout2008-12-16; Housing & Redevelopment Commission; Resolution 4611 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 461 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)X5) TO ALLOW THE VILLAGE FARMER'S MARKET TO REVISE THE HOURS OF THE SATURDAY FARMER'S MARKET, TO 5 EXTEND THE EXPIRATION DATE OF THE REDEVELOPMENT PERMIT FOR THE SATURDAY FARMER'S MARKET, AND TO ADD 6 A CONDITION REQUIRING A 2:1 RATIO OF CERTIFIED AGRICULTURAL PRODUCT BOOTHS TO NON-CERTIFIED 7 PRODUCT AND INFORMATIONAL BOOTHS FOR THE WEDNESDAY AND SATURDAY FARMER'S MARKET HELD IN THE VILLAGE 8 REDEVELOPMENT AREA 9 APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION 1Q CASE NO: RP 94-05(A)X5 11 WHEREAS, on October 27, 2008, the City of Carlsbad Design Review Board held a duly noticed 12 public hearing to consider a Major Redevelopment Permit Amendment (RP 94-05(A)X5) to amend the 13 hours of the Saturday Farmer's Market, to extend the expiration date of the Redevelopment Permit for 14 the Saturday Farmer's Market, and to add a condition requiring a 2:1 ratio of certified agricultural 15 product booths to non-certified product and informational booths for 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 18 No. 333 recommending to the Housing and Redevelopment Commission that the amendment to Major 19 Redevelopment Permit RP 94-05(A)X4 be approved with conditions; and 20 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of 21 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons 22 interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X4; and 23 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to £1 ~c- the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 26 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 27 requirement for preparation of environmental documents pursuant to Section 15061 of the State CEQA 28 Guidelines, as the activity is covered by the general rule that CEQA applies only to projects which have 5 the potential for causing a significant effect on the environment. 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 3 Commission of the City of Carlsbad, California as follows: 4 1. That the foregoing recitations are true and correct. 5 2. That Major Redevelopment Permit RP 94-05(A)X5 is APPROVED and that the findings 6 and conditions of the Design Review Board contained in Resolution No. 333, on file in the City Clerk's 7 Office and incorporated herein by reference, are the findings and conditions of the Housing and8 Redevelopment Commission. 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. 12 The Housing and Redevelopment Commission finds that: 13 (a) The project is consistent with the applicable general plan designation and all 14 applicable general plan policies as well as with applicable zoning designation and regulations; (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; 18 (d) Approval of the project would not result in any significant effects relating to traffic, 19 noise, air quality, or water quality; and 20 (e) The site can be adequately served by all required utilities and public services. 21 The Housing and Redevelopment Commission finds that the environmental determination 22 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 27 Review" shall apply: 28 -2- 1 NOTICE TO APPLICANT: 2 "The time within which judicial review of this decision must be sought, or other exactions hereafter -3 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 4 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 5 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 6 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 7 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 -3- 6 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 16th day of December, 2008, by the following vote, to wit: AYES: Commission Members Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Commission Member Packard. ;£AUDE A LEWIS, Chairman ATTEST: J3A HILQABRAND^Sfecretary