HomeMy WebLinkAbout1995-06-20; Housing & Redevelopment Commission; 275; Farmer's Market RP 94-05 AmendmentHOUSING AND F-3EVELOPMENT COMMISSIi-1 - AGENDA BILL
AB#& TITLE: APPROVING AN AMENDMENT TO
MTG 6/‘20/‘95 MAJOR REDEVELOPMENT PERMIT . CASE NAME: FARMER'S MARKET
DEPT. CA CASE NO.: RP 94-5
RECOMMENDED ACTION:
If the Housing and Redevelopment Commission concurs your action, is to adopt Housing and Redevelopment Resolution No. 270 approving amendments to Major Redevelopment Permit (RP 94-5).
ITEM EXPLANATION
The Housing and Redevelopment Commission, at your meeting of June 13, 1995, directed the City Attorney's office to prepare resolution approving amendments to Major Redevelopment Permit (RP 94-5) to extend the term of the weekly Farmer's Market and approve four non-certified, non-produce booths. That document is attached. A finding has been added, Conditions No. 1, 2, and have been amended, and Condition No. 10 has been added to read as shown on the attached resolution of approval.
The Housing and Redevelopment Commission should satisfy itself that the findings and conditions accurately reflect your intentions in the matter.
EXHIBIT
Resolution No. 270
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RESOLUTION NO. 37Q
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 Board of
the City of Carlsbad held a duly noticed public hearing to consider
an amendment to Major Redevelopment Permit (RP 94-5) to extend the
term for the weekly Farmer's Market and to allow four non-
certified, non-produce booths at the market located within the
Village; and
WHEREAS, the Housing and Redevelopment Commission of the
City of Carlsbad, on June 13, 1995 held a duly noticed public
hearing to consider the recommendations and heard all persons
interested in or opposed to an amendment to Major Redevelopment
Permit RP 94-5; and
WHEREAS, a Negative Declaration was issued on March 16,
1995 and submitted to the State Clearinghouse for a 30 day review
period. No comments were received on the environmental documents.
NOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the above referenced amendments are approved and
that the findings and conditions of the Design Review Board in
Resolution No. 223, approving the negative declaration, and Design
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Review Board Resolution No. 224, approving the amendments to
Redevelopment Permit RP 94-5, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the Housing and Redevelopment Commission with the following
changes and additions:
follows:
A. That the following finding is added to read as
"The Design Review Board has determined that there will be no significant adverse affect on surrounding land uses or the public's health and welfare as a result of the long term continuation of the permitted use."
B. 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 booths/spaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 2:00 to 6:00 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 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this. major redevelopment permit."
c. Condition No. 2 is amended to read as follows:
"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 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 four (4) non-produce, non- certified product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas; these booths shall be limited to pre-made local goods to be consumed off-site. No food items shall be prepared on site. The market must not be used to sell mass produced (commercial operations) food products which are readily available within local grocery stores or markets. No booths for crafts, antiques, or other retail items shall be permitted. An informational booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures, maps, etc. for other merchants within the area,
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including restaurants. permitted." One (1) educational booth may also be
D. Condition No. 9 is amended to read as follows:
"This Major Redevelopment Permit is granted for a period of five (5) years beginning on September 27, 1994 and ending on September 27, 1999 and 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 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 Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional 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 detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This 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 negative affects on surrounding land uses or the public's health and welfare. If a substantial negative 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 substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant."
E. Condition No. 10 is added to read as follows:
"The Village Business Association shall be responsible for providing (at its own cost) and posting a minimum of three (3) parking directional signs every Wednesday prior to the Farmer's Market. The Association shall ensure that these signs remain in place for the entire period of the Market every Wednesday. These signs shall be of professional quality and shall be at least three feet (width) by four feet (height) in size. A minimum of one (1) sign shall be placed at the south entrance to the Alley (east of the project site) and a minimum of one (1) sign shall be placed at the north entrance to the Alley (east of the project site). A minimum of one (1) sign shall also be provided at the Madison Street entrance to the Great Western Bank property located at 699 Grand Avenue. Sign copy must be pre-approved by the Housing and Redevelopment Director. The Association shall also be responsible for distribution of information regarding other public
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parking lots in the area and for encouraging shoppers to park in these lots."
3. A complete list of all conditions is attached to this
resolution as Exhibit "A'*.
4. This action of approval 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:
"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
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1 proceedings shall be filed with the City
2 ,Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
4 Housing and Redevelopment Commission of the City of Carlsbad on the
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20th day of JUNE 1995, by the following vote, to wit:
AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
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MAJOR REDEVELOPMENT PERMIT (94-5)
As Amended by the City Council on June 13, 1995
FINDINGS
No. 1 The proposed project will enhance the commercial center function of the downtown and is therefore consistent with the goals and objectives of the Village Design Manual. The Village Center, in which this project is located, is to serve as a focal point for the area and become the major attraction for the downtown. The proposed project provides an attraction which is consistent with the goals for the area.
No. 2
No. 3
No. 4
No. 5
The project is located in Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-l, C-2 and R-P zones. The proposed use is consistent with the Village Design Manual.
The project is consistent with the goals and objectives of the General Plan because the project has a strong pedestrian orientation and will foster a desirable community concept for the downtown core commercial area in which-this project is located.
The use will be operated in a manner which a significant adverse impact on surrounding the public health and welfare.
does not have properties or
The existing parking is satisfactory under the provisions of the parking code because the project has been exempted from the requirement under section 21.35.130 of the CarlsbadMunicipal Codewiththe following justification:
a. The application of certain provisions would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan.
Due to the fact that the Farmer's Market will only be operated one day a week for a few hours, it would be impractical to require the applicant to pay for and/or provide additional on-site or off- site parking at the applicant's own cost. It also provides an unnecessary hardship on the proposed project because there is adequate public parking within a reasonable distance of the proposed project. The overall goal of -the Village Redevelopment Project is to create a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service
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functions. The proposed project is consistent with this goal.
b. There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions and controls.
The proposed Farmer's Market will be operated on public property by a non-profit organization. The event will only be held once a week for a maximum of three (3) hours. This project is very unique and should not be subject to the same standards as a business which, is operating on a daily basis from 9:00 a.m. to 5:00 p.m. Based on the unique conditions of the proposed project, it is necessary for the City to allow exceptions to the noted standards, specifically on-site parking requirements, in order to ensure that the project is feasible. It is anticipated that the proposed market will have a positive impact on the Village Redevelopment Area by offering a unique shopping opportunity for local residents and tourists.
c. The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area.
The proposed Certified Farmer's Market will operate' one day a week for a maximum of three (3) hours per week. A Market Manager will be hired to operate the market in a manner which prohibits any activity which might be injurious or materially detrimental to the public welfare, other properties or improvements in the Village. A security guard will also be on duty during the hours of the market.
d. The granting of an exemption will not contradict the standards established in the Village Design Manual.
The proposed use is consistent with the Village Design Manual. Uses allowed within this area are those which are allowed by the C-l, C-2 and R-P zones. Florist shops and fruit stores are all allowed within the noted zoning.
The Village Design Manual requires that adequate provisions for off street parking be provided when any building or structure is erected, enlarged or
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intensified in use. Although no structure is being erected, enlarged or intensified, a public parking lot will be used temporarily for a retail operation which results in an intensification of use and a loss of public parking. However, since there is adequate public parking within 300 feet of the proposed market, there will be no negative impact on access to other businesses, the beach or other attractions within the area. The granting of the noted exemptions will not contradict the standards established within the Village Design Manual because this is only a temporary modification of land use.
No. 6 The Design Review Board has determined that there will be no significant adverse affect on surrounding land uses or the public's health and welfare as a result of the long term continuation of the permitted use.
CONDITIONS
NO. 1 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 booths/spaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 2:00 to 6:00 p.m. To set up for the event and clean-up afterwards, the subject parking lotwillbe closed from 1:00 p.m. to 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit.
No. 2 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 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 four (4) non-produce, non-certified product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas; these booths shall be limited to pre-made local goods to be consumed off-site. No food items shall be prepared on site. The market must not be used to sell mass produced (commercial operations) food products which are readily available within local grocery stores or markets. No booths for crafts, antiques, or other retail items shall be permitted. An informational booth for Village Merchants will be allowed for the distribution of
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advertt;;;;nts, promotion;~t~~,ems, .for merchants brochures, maps, etc. the area, lncludlng restaurants. One (1) educational booth may also be permitted.
No. 3 A complete set of "Farmer's Market Rules and Producer Agreement" must be submitted to the Housing and Redevelopment Director for review and approval. The rules must include information on clean-up and set-up, vendor parking locations, signage, and disposal of waste. These rules must be approved by the Housing and Redevelopment Director at least fourteen (14) days prior to the first day of the proposed Farmer's Market.
No. 4 The Village Business Association shall be solely responsible for the set-up and clean-up of the event. These responsibilities include posting of signs as well as trash collection, removal and disposal so that the parking lot is completely free of trash and debris at the conclusion of the event. Any damage to the parking lot(s), landscaping or irrigation shall be repaired by the City but must be paid for by the Association (as sponsor of event).
No. 5 The Village Business Association shall provide at least one security guard which shall be on duty at all times during hours of the market.
No. 6 A complete signage and traffic control plan must be approved by the City's Traffic Engineer and the Housing and Redevelopment Director at least fourteen (14) days prior to the first day of the proposed Farmer's Market. The plan must include dimensions of signs, total number of signs and exact locations on the public street and within the parking lot.
No. 7 The Association will be required to provide commercial general liability insurance including claims for injuries to persons or damage to property which may arise. This insurance shall not be less than $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. This shall be primary insurance and shall include an endorsement to the policy naming the City of Carlsbad, its officers, and employees as additional insureds. The certificate of insurance including additional insured's endorsement, must be received by the City at least ten (10) days prior to the start of market operations.
NO. 8 'No Parking TOW AWAY' signs which include the date and time of restriction must be posted 72 hours in advance of the beginning of the parking restriction. The Village
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Business Association shall be completely responsible for .posting the signs and ensuring that they remain in place during the entire 72 hour period; missing or vandalized signs must be replaced by the applicant. The Association shall also be responsible for notifying the Carlsbad Police Department each week when the signs are installed. The Association shall also notify local businesses to provide vehicle identification and will not request that a vehicle be towed without first attempting to notify the vehicle owner of this parking requirement. These signs are temporary and must be removed each Wednesday at the end of the market and re-installed as noted herein. The parking lot shall be closed form 1:00 p.m. to 8:00 p.m. for the event.
No. 9 This Major Redevelopment Permit is granted for a period of five (5) years beginning on September 27, 1994 and ending on September 27, 1999 and 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 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 Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional 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 detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This 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 negative affects on surrounding land uses or the public's health and welfare. If a substantial negative 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 substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant.
No. 10 The Village Business Association shall be responsible for providing (at its own cost) and posting a minimum of
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three (3) parking directional signs every Wednesday prior to the Farmer's Market. The Association shall ensure that these signs remain in place for the entire period of the Market every Wednesday. These signs shall.be of professional quality and shall be at least three feet (width) by four feet (height) in size. A minimum of one (1) sign shall be placed at the south entrance to the alley (east of the project site) and a minimum of one (1) sign shall be placed at the north entrance to the alley (east of the project site). A minimum of one (1) sign shall also be provided at the Madison Street entrance to the Great Western Bank property located at 699 Grand Avenue. Sign copy must be pre-approved by the Housing and Redevelopment Director. The Association shall also be responsible for distribution of information regarding other public parking lots in the area and for encouraging shoppers to park in these lots. .
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