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HomeMy WebLinkAbout2004-07-13; Housing & Redevelopment Commission; 368; Village Farmer's MarketAB# 368 MTG. 7/13/04 DEPT. HlRED RECOMMENDED ACTION: TITLE: DEPT. HD.(‘D&Y @ CITY ATTY. a’. CITY MGR VILLAGE FARMER’S MARKET RP 94-05(A)X2 That the Housing and Redevelopment Commission ADOPT Resolution No 387 I APPROVING an amendment to Major Redevelopment Permit RP 94-05(A)x2 for a five (5) year time extension to September 26, 2009 for the weekly Farmer’s Market held in the Village Redevelopment Area and an amendment to the summer hours of operation and permitted activities as recommended by the Design Review Board. ITEM EXPLANATION: On June 21, 2004, the Design Review Board (DRB) conducted a public hearing to consider a request for a five (5) year time extension to September 26, 2009 for the weekly Farmer’s Market held in the Village Redevelopment Area. The proposal also included a request to extend the summer hours of operation and modify the permitted activities at the Market. The Carlsbad Village Business Association (CVBA) is the official sponsor of the event. The Farmer’s Market has been held every Wednesday from 2 p.m. to 6 p.m. in the mid-block public parking lot on Roosevelt Street for over 10 years. The applicant has requested that from the last Wednesday in June through the first Wednesday in September several revisions to the permit be allowed. The revisions include extending the hours of operation from 2 p.m. to 8 p.m., adding unlimited arts and crafts booths, food booths, live amplified music, off site signage and permission for Village Merchants to conduct sidewalk sales. In presenting the project to the Design Review Board, staff recommended approval of the time extension, the extended hours and the addition of two arts and craft booths during the summer months. Staff did not recommend approval of the other requests. At the public hearing, the Design Review Board members voted unanimously to recommend approval of the project as proposed by staff with the exception that live, non-amplified music be allowed between the hours of 5 p.m. to 8 p.m. The approving resolution along with the Design Review Board staff report, the draft minutes of the February 24‘h meeting, and a copy of the public comment letters received by the Board are attached for the Commission’s review. ENVIRONMENTAL REVIEW: The Planning Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15301 of the State CEQA Guidelines as a continuation of an existing use. No comments were received on the environmental determination. The necessary finding for this environmental determination is included in the attached Housing and Redevelopment Commission resolution. PAGE 2 OF AGENDA BILL NO. 368 FISCAL IMPACT: The proposed project will have a positive fiscal impact in terms of increased sales tax both within the Farmer’s Market and the Village Area in general. The actual amount of the increased sales tax in unknown at this time. EXHl BITS : 1. Housing & Redevelopment Commission Resolution approving RP94-05(A)x2 NO. 387 2. Design Review Board Resolution No. 293, dated June 21, 2004 3. Design Review Board Staff Report, dated June 21, 2004 with attachments 4. Draft Design Review Board Minutes, dated June 21, 2004 i 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 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 387 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING A FIVE (5) YEAR TIME EXTENSION TO SEPTEMBER 26,2009 OF MAJOR REDEVELOPMENT IN THE VILLAGE REDEVELOPMENT AREA AND AN AMENDMENT TO THE SUMMER HOURS OF OPERATION AND PERMITTED ACTIVITIES. APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION PERMIT NO. RP 94-05(A)X2 FOR THE WEEKLY FARMER’S MARKET HELD CASE NO: RP 94-05(A)X2 WHEREAS, on June 2 1, 2004, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider an amendment to a Major Redevelopment Permit{ RP 94-05(A)X2} application to extend the permit for the Farmer’s Market for a period of five (5) years and to amend the hours of operation and permitted activities for the event during the summer months, and adopted Design Review Board Resolution No. 293 recoinmending 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 94-05(A)X2: 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 1530 1 of the State CEQA Guidelines as the continuation of an existing use. 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 an amendment to Major Redevelopment Permit RP 94-05(A)X2 is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 293, on file in 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 the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission except that two (2) booths for tlie selling of hand made arts and crafts are allowed during all hours of operation of this permit. 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; (b) The proposed development is the continuation of an existing use; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of tlie 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 tlie 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: 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 lias 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 filial; 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 liis/her 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.” HRC RES0 NO. -182 -2- 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 special Redevelopment Commission of the City of Carlsbad, California, held a ,2004 by the following vote to wit: AYES:Comissioners Lewis, Kulchin and Hall NOES: None ABSENT: Commissioners Finnila and Pdkard meeting of the Housing the 13th day of= ATTEST: hn (SEAL) HRC RES0 NO. 387 -3- EXHIBIT 2 DESIGN REVIEW BOARD RESOLUTION NO. 293 DATED JUNE 21,2004 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 DESIGN REVIEW BOARD RESOLUTION NO. 293 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A FIVE (5) YEAR TIME EXTENSION TO SEPTEMBER 26, 2009 OF MAJOR REDEVELOPMENT PERMIT HELD IN THE VILLAGE REDEVELOPMENT AREA AND AN AMENDMENT TO THE SUMMER HOURS OF OPERATION AND PERMITTED ACTIVITIES CASE NAME: VILLAGE FARMER’S MARKET NO. RP 94-05(A)X2 FOR THE WEEKLY FARMER’S MARKET APN: 203-304-02, 03,04,05 CASE NO: RP 94-05(A)X2 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit W94-05 to allow a weekly Farmer’s Market 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 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did, on the 20th day of June, 1995, approve Resolution No. 270 extending the term of the Village Farmer’s Market for five years ending on September 26, 1999; and WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did authorize the Design Review Board to extend the permit for the Farmer’s Market 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; and WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the Carlsbad Village Business Association (“Applicant”) for a time extension (Farmer’s Market RP94-05(A)Xl) through September 26,2004; and i i 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 WHEREAS, the applicant has filed an application to extend the permit for the Farmer’s Market for a period of five (5) years and to amend the hours of operation and permitted activities for the event during the summer months; and WHEREAS, the Design Review Board did, on the 21St day of June, 2004, hold a duly noticed public hearing to consider said request on public property described as: Lots 9, 10, 11, 12, 13 and 14, Block 38, amended Map of Town of Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Director has determined that the project is EXEMPT fiom the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines, for the continuation of an existing use, and will not have any adverse significant impact on the environment; WHEREAS, at said public hearing, upon listening to and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to Farmer’s Market RP94-05(A)X2. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission of a five (5) year time extension to September 26, 2009 for amended Major Redevelopment Permit No. RP 94-05(A)x2 to continue the weekly Farmer’s Market held in the Village Redevelopment Area, based upon the following findings and subject to the following conditions: FINDINGS 1. The Design Review Board hereby determines that the previous findings for Redevelopment Permit RP 04-05 and all subsequent approvals, on file with the City Clerk, remain applicable to the project and are hereby incorporated by reference. DRB RES0 NO. 293 -2- .-. / 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 CONDITIONS 1. 2. 3. 4. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation of the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Redevelopment Permit RP04-05(A)x2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the application documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Redevelopment Permit RP 04- 05(A)x2, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’ s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. All previous conditions approved for the project shall remain in full force and effect, with the following exceptions: Condition No. 1 of Housing and Redevelopment Commission Resolution No. 270 is further 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. From the second Wednesday in September, through the second to last Wednesday in June, the hours of operation shall be every Wednesday afternoon from 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:OO 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:OO p.m. DRB RES0 NO. 293 .3 - 1 r L - 4 < I c 7 e S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to 9:OO p.m. every Wednesday. During the period of extended hours, two (2) of the booths may be utilized for the selling of hand made arts and crafts. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit. Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 is further amended to read as follows: This time extension to amended Major Redevelopment Permit No. RP 94-05(A) is granted for a period of five (5) years beginning on September 27, 2004 and ending on September 26, 2009 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. **** .... DRB RES0 NO. 293 -4- 1 1 1 1 t 5 1( 11 1; 13 14 15 It 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, California, held on the 21St day of June, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: SARAH MARQUEZ, CHAIRPERSON CARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 293 -5- EXHIBIT 3 DESIGN REVIEW BOARD STAFF REPORT DATED JUNE 21,2004 WITH ATTACHMENTS r i- - CiTy Of CARkbAd HousiNc, ANd REdEVELOpMENT DEPARTMENT @ A REPORT TO THE DESIGN REVIEW BOARD AppkATiON COMP[ETE DATE 05/14/04 ENV/RONMENTA[ REviw: CATECjORI’CA[[Y EXEMPT STAff: CRAIG Ruiz MANAGEMENT ANA~VST ITEM NO. 1 DATE: June 21,2004 SUBJECT: RP 94-05(A)X2 - “VILLAGE FARMER’S MARKET”: Request to extend the term and amend Major Redevelopment Permit No. RP 94-05(A)xI to allow the continuation of the Village Farmer’s Market held every Wednesday afternoon in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area and to amend the summer hours of operation and activities. 1. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 293 recommending Approval of a five (5) year time extension to September 26, 2009 of Major Redevelopment Permit No. RP 94-05(A)x2 for the weekly Farmer’s Market held in the Village Redevelopment Area and an amendment to the summer hours of operation and permitted activities. II. PROJECT BACKGROUND AND DESCRIPTION On September 27, 1994, the Housing and Redevelopment Commission approved, with the unanimous recommendation of the Design Review Board, a major redevelopment permit to allow a Certified Farmer’s Market in the Village Redevelopment Area. The permit was approved for a trial period of six months and was then subsequently amended to fine tune the conditions of approval and extended for a total period of five (5) years ending on September 26, 1999. This amendment also allowed for the Design Review Board to approve all future extensions to the term of the permit. In September of 1999, the Design Review Board approved an additional extension to the permit through September 26, 2004. The current proposal combines a request to extend the hours of operation with a modification to the operation of the Farmer’s Market as well as an extension to the term of the permit. Because the proposal includes changes to the operation of the market as well as the term, final approval of the amendment must be granted by the Housing and Redevelopment Commission. Rp 94-05(A)x2 - VILLAGE FARMER’S MARKET TIME EXTENSION JUNE 21,2004 PAGE 2 Time Extension The Farmer’s Market currently takes place every Wednesday afternoon from 2:OO p.m. to 6:OO p.m. The Carlsbad Village Business Association (CVBA), as the official sponsor of the event, has submitted the application for the time extension in a timely manner as stipulated in the conditions of approval for RP94-05(A)xI. The application is requesting an extension to the term of the major redevelopment permit for a period of five (5) years to continue operating the Certified Farmer’s Market. The Housing and Redevelopment Department staff is supportive of the extension of the redevelopment permit for a period of five years as the market currently operates. The event will continue to be limited to the public parking lot located mid block on the easterly side of Roosevelt Street. The maximum number of booths will remain at thirty- three (33) spaces. Product sales will continue to be primarily limited to fresh agricultural products such as fruit, 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, raise, collected or caught the product. In addition, a maximum of four (4) non-produce, non-certified product sales booths could be provided for such items as locally made fresh bread, pastries and/or pastas; these booths are limited to pre-made local goods to be consumed off -site. For educational purposes, the CVBA will continue to offer one (1) booth on a rotational basis, free of charge to individuals and/or organizations that would provide educational materials on issues such as soil conservation, recycling, corn post i ng , organ ic farming and sustainable ag ri cu It u re- b u si ness end eavors . The CVBA will also continue to provide one informational booth for local Village businesses to promote and advertise their businesses. Amendment of Summer Hours and Operation In addition to the time extension noted above, the CVBA is also requesting to amend the hours and operations of the Farmer’s Market during the summer season. From the last Wednesday in June through the first Wednesday in September, the hours of operation are proposed to be from 2:OO p.m. to 8:OO p.m. During these extended hours, the CVBA is proposing to add arts and craft booths, live amplified music, food booths and new off-site signage. In addition, the CVBA is requesting that merchants in the downtown area be allowed to have sidewalk sales in front of their business for this summer time period. Regarding the hours of operation, City staff is supportive of the extended hours of operations for the period requested. Currently, the parking lot in which the event takes place is reserved from 1:00 p.m. through 8:OO p.m., while the Farmer’s Market itself is permitted to operate from 2:OO p.m. to 6:OO p.m. The period for which the parking lot is reserved is to allow for the set up and clean up of the event. Staff is recommending that during the summer hours the parking lot be reserved until 9:00 p.m. to allow for the clean up of the extended event. W 94-05(A)x2 - VILLAGE FARMER’S MARKET TIME EXTENSION JUNE 21, 2004 PAGE 3 The request to allow merchants in the downtown area to have sidewalk sales in front of their business for this summer time period is currently available to merchants through the Outdoor Display Permit process. With approval of an Outdoor Display Permit and compliance with applicable conditions, each individual business within the Village Redevelopment Area is allowed a single outdoor business display. Applicants for an outdoor business display permit must sign an Indemnification Statement holding the City of Carlsbad and the Carlsbad Redevelopment Agency harmless from any legal action resulting from placement of the display on the public sidewalk. Insurance naming the City and the Redevelopment Agency as additionally insured in the amount of $1 million is also required. For the administration of outdoor displays, it is staffs recommendation that the current permit process be continued rather than allowing a blanket approval of sidewalk sales through the Farmer’s Market redevelopment permit. As stated above, the CVBA is requesting that new arts and crafts vendors and food vendors be permitted at the market. As proposed, when they leave the event, the farmers would be replaced by people selling arts and crafts, and food. The current permit conditions state that there shall be no craft booths, antiques or other retail items at the event. While staff is not supportive of an unlimited number of craft booths, staff does support a limited number of such booths. The attached resolution has been amended to allow for two (2) arts and crafts booths at the market during the summer months only, together with the other booths currently permitted. The arts and craft booths will be required to be “true” high quality arts and crafts booths. However, staff is not supportive of the food booths, and the resolution of approval has not been amended to allow for this additional use. For special events, a limited number of off-site signs similar to what is being proposed are allowed through the special events permit process. However, the weekly Farmer’s Market does not qualify as a special event and is therefore not entitled to the additional off-site signage. Therefore, staff does not recommend approval of this request. Regarding amplified music, the current permit does not allow for such music. Staff is not supportive of allowing music at the market because it is a distraction to area businesses and a disturbance to local residents. It also is not supported by the Police Department because it can draw larger crowds which create public safety concerns. 111. VILLAGE REDEVELOPMENT MASTER PLAN CONSISTENCY The Design Review Board and Housing and Redevelopment Commission originally found the use to be consistent with the Village Design Manual and Redevelopment Plan for the Village Redevelopment Area. There have been no changes in the proposed use or the governing regulations, including the adoption of the Carlsbad Village Redevelopment Master Plan and Design Manual, which would impact this consistency finding or require additional conditions on the project. RP 94-05(A)x2 - VILLAGE FARMER’S MARKET TIME EXTENSION JUNE 2 1,2004 PAGE 4 GENERAL PLAN CONSISTENCY The Design Review Board and Housing and Redevelopment Commission originally found the use to be consistent with the goals and objectives of the various elements of the General Plan. There have been no changes in the proposed use which would impact this consistency finding or require additional conditions on the project. V. ENVIRONMENTAL REVIEW A Negative Declaration was previously approved by the Design Review Board for the project on April 19, 1994. The Housing and Redevelopment Department has conducted the required environmental review for the proposed time extension pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. Staff has made a determination that the proposed project is categorically exempt under CEQA Section 15301 as a continuation of an existing use. VI. CONCLUSION The amended Major Redevelopment Permit No. RP 94-05(A) approving the Farmer’s Market in the present location (Roosevelt Public parking Lot) was originally granted for a period of five (5) years in order to provide a reasonable period of time to gauge the success of the event and its impact on the area. The requirement to renew the permit after five years was intended to give City staff and surrounding business and property owners the opportunity to voice their concerns about the event and to add additional operational conditions if necessary. Having operated the Farmer’s Market for the past ten (IO) years, the manager, Cynthia Bueker, has worked closely with staff and surrounding neighbors to mitigate any impacts from proactive approach to problem-solving has aided in event. The Village Farmer’s Market appears to have been residents, and visitors alike. The popular weekly people to the area every Wednesday afternoon the event. The market manager’s the overall success of the weekly well received by local merchants, event continues to attract many by offering a unique shopping .. opportunity not afforded elsewhere in the City of Carlsbad. The nature of the use has also helped to encourage greater pedestrian activity in the area, therefore, enhancing the overall Village character. The Carlsbad Village Business Association has met the conditions of the previously approved permit. For the non-summer period, there are no changes to the use or new evidence presented which warrant the addition of new conditions or the discontinuation of the use. However, from the last Wednesday in June through the first Wednesday in September (summer priod), the CVBA is proposing some additional uses that have the potential to adversely impact the surrounding business community. Staff is recommending some slight modifications to the summer operations to allow for Rp 94-05(A)x2 - VILLAGE FARMER’S MARKET TIME EXTENSION JUNE 2 1,2004 PAGE 5 extended hours and the inclusion of two (2) arts and crafts booths, but does not support all of the revisions requested by the CVBA. Staff recommends the Design Review Board find that, as proposed by staff, there are no substantial negative affects on surrounding land uses or the public’s health and welfare associated with the existing use and approve Design Review Board Resolution No. 293 extending the term of the Village Farmer’s Market for five (5) additional years through September of 2009, and approving a modification to the operation of the event during the summer months to allow for the inclusion of two arts and crafts booths. Staff is recommending no additional changes to the operation of the Farmer’s Market. EXHl BITS A. Design Review Board Resolution No. 293 extending the term of RP 94-05(A)x2 through September 26, 2004 and allowing for extension of the hours and modification of activities for the summer months only. B. Housing and Redevelopment Commission Resolution No. 270, Design Review Board Resolution No. 269, Design Review Board Resolution No. 224, Design Review Board Resolution No. 223, Housing and Redevelopment Commission Resolution No. 258 and Design Review Board Resolution No. 21 5 approving the project through September 26, 2004. C. Letter from the Carlsbad Village Business Associations dated April 16, 2004 requesting a term extension of their Redevelopment Permit and amending the hours of operation and permitted activities during the summer months. D. Location Map, Project Description and Disclosure Statement EXHIBIT B Housing and Redevelopment Commission Resolution No. 270, Design Review Board Resolution No. 269, Design Review Board Resolution No. 224, Design Review Board Resolution No. 223, Housing and Redevelopment Commission Resolution No. 258 and Design Review Board Resolution No. 21 5 approving the project through September 26, 2004. 7 RESOLUTION NO. 370 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(AI 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 f OllOWS : 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 I 4 , . L E E 7 a 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: A. That the following finding is added to read as follows : "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:OO to 6:OO p.m. To set up for the event and clean-up afterwards, the subject parking lot will be closed from 1:OO p.m. to 8:OO 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, 2 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 including restaurants. One (1) educational booth may also be permitted " 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 3 II I i 1 parking lots in the area and for encouraging shoppers to park in these lots I' 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 /// /// /// /// /// /// /// 4 -- id 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 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 Meeting Of the Housing and Redevelopment Commission of the City of Carlsbad on the 20th day of JUNE 1995, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None - ATTEST : \ \I 5 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 goa1.s for the area. No. 2 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-1, C-2 and R-P zones. The proposed use is consistent with the Village Design Manual. No. 3 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. No. 4 The use will be operated in a manner which does not have a significant adverse impact on surrounding properties or the public health and welfare. No. 5 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 Carlsbad Municipal Code with the 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 b. C. d. functions. this goal. The proposed project is consistent with 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:OO 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. 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. 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-1, 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 2 No. 6 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. 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:OO 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. 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 No. 3 No. 4 No. 5 No. 6 No. 7 advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also .be permitted. A complete set of ItFarmer'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. 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). The Village Business Association shall provide at least one security guard which shall be on duty at all times during hours of the market. 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. 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. a '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 4 No. 9 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:OO p.m. to 8:OO p.m. for the event. 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 If a uses or the public's health and welfare. 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 5 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. 6 1 4 , A I I I ! I( 1: 1: 1: 1f 1: le 17 1E 1s 2c 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 224 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR REDEVELOPMENT PERMIT 94-05 TO EXTEND THE TERM FOR THE WEEKLY FARMER'S MARKET AND AT THE MARKET LOCATED WITHIN THE VILLAGE. CASE NAME: FARMER'S MARKET TO ALLOW FOR FOUR NON-CERTIFIED, NON-PRODUCE BOOTHS APN: 203-304-02, 03, 04, 05 WHEREAS, the Carlsbad Village Business Association has filed a request for an extension of a Major Redevelopment Permit (94-05) to continue a Certified Farmer's Market to be held on a weekly basis in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue; and WHEREAS, the Design Review Board did on the 19th day of April, 1995 hold a duly noticed public hearing to consider said request on public property described as: Lots 9, 10, 11, 12, 13 and 14, Block 38, amended Map of Town of Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County. WHEREAS, at said public hearing upon listening to and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating to Major Redevelopment Permit 94-05. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. .... .... .... .... .... 1C 1: 1: 1: 11 1: le 1'; 1E 1s 2c 21 22 23 24 25 26 27 28 DRB Resolution No. 224 Page 2 2. That based on the evidence presented at the public hearing, the Design Review Board hereby APPROVES a recommendation to the Housing and Redevelopment Commission to approve an extension of Major Redevelopment Permit 94-05 to allow the continuation of the Village Farmer's Market subject to the findings and conditions approved by the Design Review Board on August 17, 1994 in Resolution No. 215 and amended by the Housing and Redevelopment Commission on September 27, 1994 in Resolution No. 258 with the following additions and/or revisions to those findings and conditions: A. The following finding is added to read as follows: 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:OOpm to 6:00pm. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1:OOpm to 8:OOpm 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 helshe 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 I 2 b 4 5 E 7 E E 1( 11 12 12 14 1: 1E 17 1& 19 20 21 22 23 24 25 26 27 28 DRB Resolution No. 224 Page 3 .... .... .... booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also be permitted." 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. This 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 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. .... .... .... .... .... DRB Resolution No. 224 Page 4 E. Condition No. 10 shall be 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 parking lots in the area and for encouraging shoppers to park in these lots." PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 19th day of April, 1995 by the following vote to wit: AYES: Noble, Welshons, Savary, Vessey NOES: None ABSENT: Marquez ABSTAIN: None AWL&m& BAILEY NO , CHAIRPERSON DESIGN REWW BOARD EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR 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 DESIGN REVIEW BOARD RESOLUTION NO. 223 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A MAJOR REDEVELOPMENT PERMIT TO EXTEND THE TERM FOR THE WEEKLY FARMER’S MARKET AND TO ALLOW FOR TWO LOCATED WITHIN THE VILLAGE. CASE NAME: FARMER’S MARKET APN: RP 94-5 NON-CERTIFIED, NON-PRODUCE BOOTHS AT THE MARKET WHEREAS; the Design Review Board did on the 19th day of April, 1995 hold a duly noticed public hearing as prescribed by law to consider said request for a Negative Declaration; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Design Review Board considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board hereby APPROVES the Negative Declaration according to the one page notice and the EIA Part I1 Form attached hereto and made a part hereof, based on the following findings: Findinm: 1. The Design Review Board of the City of Carlsbad has reviewed, analyzed and considered Negative Declaration (RP 94-05), the environmental impacts therein identified for this project and any comments thereon prior to approving the project. Based on the EIA Part-I1 and comments thereon, the Design Review Board finds that there is no substantial evidence the project will have a significant effect on the environment and thereby approves the Negative Declaration. 3 i I 4 F . E r 1 E < 1( 13 12 12 14 1: 1E 17 1€! 19 20 21 22 23 24 25 2'6 27 28 DRB Resolution N0.z Page 2 .... 2. The Design Review Board finds that the Negative Declaration (RP 94-05) reflects the independent judgment of the Design Review Board of the City of Carlsbad. 3. The Record of Proceedings for this project consists of the initial study, EIA Part 11, and Negative Declaration, which may be found at the City of Carlsbad Community Development Building, 2075 Las Palmas Drive, Carlsbad, California in the custody of the City Clerk, Director of Planning. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 19th day of April, 1995, by the following vote, to wit: AYES: Noble, Welshons, Savary, Vessey NOES: None ABSENT: Marquez ABSTAIN: None / ATTEST: EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 258 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA 5) TO ALLOW A FARMER'S MARKET IN THE PUBLIC PARKING LOT LOCATED ON THE EAST SIDE OF ALLEY, BETWEEN CARLSBAD VILLAGE DRIVE AND GRAND AVENUE. APPLICANT: FARMER'S MARKET CASE NO: RP 94-5 APPROVING A MAJOR REDEVELOPMENT PEWIT (RP 94- ROOSEVELT STREET (MID-BLOCK), WEST OF THE WHEREAS, on August 17, 1994 the Design Review Board of the city of Carlsbad held a duly noticed public hearing to consider a Redevelopment Permit (RP 94-5) to allow a Farmer's Market in the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drhe and Grand Avenue and adopted Design Review Board Resolution No. 215 recommending to the Housing and Redevelopment Commission that Redevelopment Permit (Rp 94-5) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on September 20, 1994, held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to RP 94-5; and WHEREAS, the project was categorically exempt from environmental review per Section 15304 (e) of the State of California Environmental Quality Act. If the project becomes a permanent/on-going activity, an additional CEQA review will be completed to determine the effect of a longer term project on surrounding land uses or the public's health and welfare. NOW, THEREFPRE, 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. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the above referenced project is approved and that the findings and conditions of the Design Review Board in Resolution No. 215 approving 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: A. 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 3: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:W 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." B. Condition No. 4 is amended to read as follows: "The Village Business Association shall be solely responsible for the set-up and clean-up of the event. These responsibilities include posting of signa 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. my 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)." C. Condition No. 8 is amended to read as follows: "'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 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:OO p.m. for the event." 2. -- -,, 0, 1 a- 4 < 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 3. This action of approval is final the date this resolution is adopted by the City Council. 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 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 Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 27th day of SEPTEMBER ,1994, by the following vote, to wit: AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None 1 2 3 4 5 6 7 8 9 IC 11 12 12 14 1: If 15 1E 1s 2c 21 22 2: 24 25 26 27 2E EXHIBIT 3 e DESIGN REVIEW BOARD RESOLUTION NO. 215 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW A WEEKLY FARhER'S 1-T IN THE PUBLIC PARKING LOT ON THE EAST SIDE OF ROOSEVELT STREET (MID-BLOCK) BE"W?EN CARLSBAD VILLAGE DRIVE AM) GRAND AVENUE LN THE VILLAGE. CASE NAhlE: FARMER'S MARKET APN: 203-30602, 03, 04, 05 CASE NO: RP 94-05 WHEREAS, a request for a Major Redevelopment Permit to allow a Cedified Farmer's Market to be held on a weekly basis in the public parking lot located mid- block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue; and WHEREAS, the Design Review Board did on the 17th day of August, 1994 hold a duly noticed public hearing to consider said request on public property described as: Lots 9, 10, 11, 12, 13 and 14, Brock 38, amended Map of Town of Carlsbad in the City of Carlsbad, County of Sm Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County. WHEREAS, at said public hearing upon listening to and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all factors relating lo Major Redevelopment Permit 94-05. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. //I/ 1/11 If I1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ’ 26 27 28 DRB Resolu[ion No. 1)3 - Page 2 2. FINDINGS: 1. 2. 3. 4. 5. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL of a Major Redevelopment Permit, RP 94-05 to allow a Certified Fanner’s Market to be held on a weekly basis in the public parking lot located on the east of Roosevelt Street, west of the Alley, between CarIsbad Village Drive and Grand Avenue based on findings and subject to the following conditions: 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. The project is located in Subarea 1 of the Village Redevelopment Project Area. The uses alIowed in this area are the same as those allowed within the C-I, 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 are commercial area in which this project is located. The use will be operated in a manner which does not have a significant adverse impact on surrounding propenies or the public health and welfare. The existing parking is satisfactory under the provisions of tbe parking code because the project has been exempted from the requirement under section 21.35.130 of the Carlsbad Municipal Code with the following just i fica! ion: a. The application of cenain 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 fad that the Farmer’s Market will only be operated one day a week for a few hours, it would be impracb’cal to require the applicant to pay for and/or provide i’ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESOLUTION@. 21$ Page 3 additional on-site or off-site parking at the applicant's own cost. It also provider 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, attnctive, accessible environment for living, shopping, recreation, civic, cultural and se-rvice functions. The proposed projed is consistent with this god. 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 organkition. The event wiIl only be held once a week for a maximum of three (3) hours. Tbis project is ery unique and should not be subject to the same standard$ a business which is operating on a daily basis from 9:0 am to 5:OOpm. Based on the unique conditions of the proposed projed, it is necessary for the City to dow exceptions to the noted standards, specifically on-site parking requirements, in order to ensure that the projtxt 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 wiIJ 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 41 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 dowed within this area are those which are allowed by the C-2, C-1 and R-P zones. Florist shops and 1 2 3 4 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 Page 4 fruit stores or other food markets are all allowed within the noted toning. The Village Design Manual requires that adequate provisions for off street parking be provided when any building or structure is erected, enlarged or 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 intensifidion of use and a loss of public parking, However, since there is adequate pubIic parking within 300 feet of the prop& market, there wiU be no negative impact on awes 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 becake this is only a temporary modification of land use. CONDITIONS: 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 total number of boothslspaces shall not be increased without prior amendment to this Major Redevelopment Permit. 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 and dairy products may be sold if the producer has proof that hdshe grew, raised, collected or caught the product. The market must not be used to sell commercially produced products. 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, including restaurants. 3. A complete set of "Farmer's Market Rules and Producer Agreement" must be submitred 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 fmt day of the proposed Fanners' Market. 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 DFU3 RESOLUTlO a. 215 Page 5 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 and disposal. Any damage to the parking lo@), landscaping or irrigation shall be repaired by the City but must be paid for by the Association (as sponsor of event). 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. 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 Fanoers’ Market. The plan must include dimensions of signs, total number of signs and exact locations on the public street and within the parking lot. 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. 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 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. 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 from 1:00prn to 8:00pm for the event. 9. Initial permit approval is granted for a period of six (6) months. This permit shall be reviewed by the Housing and Redevelopment Director after six (6) months to determine if all conditions of this permit have been met and that the use did not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Housing and Redevelopmenr Director determines that the conditions of the permit were met and the use did not have a significant adverse environmental impact, an application for an extension of this permit may be presented to the Design Review Board following additional CEQA (environmental) review by the Planning Director to determine the ef€a DRB Resolution No& Page 6 of a longer term project on surrounding land uses or the public's health and welfare. In granting such permit extension, the Design Review Board shall find no substantial adverse affect on surrounding land uses or (he public's health and welfare will result because of the long term continuation of rhe permitted use. This permit may be extended for a reasonable period of time not to exceed five years, including the initial six (6) month review .period. If subsequent environmental review discloses any substantial adverse affect, the extension application shall be considered as an original application for a redevelopment permit. After providing the applicant the opportunity to be heard, conditions shall be added to the permit to require compliance with all feasible measures to mitigate any significant adverse impacts which might be identified during subsequent CEQA review. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 17th day of August, 1994 by the following vote to wit: I AYES: Savary, Noble, Welshons, Vessey, Marquez NOES: None ABSENT: None ABSTAIN: None DESIGN REMEW BOARD I EVAN E. BECKER, HOUSING AND REDEVELOPblENT DIRECTOR EXHIBIT C Letter from the Carlsbad Village Business Associations dated April 16, 2004 requesting a term extension of their Redevelopment Permit and amending the hours of operation and permitted activities during the summer months. Carlsbad Village Business Association 2579 B State Street Carlsbad, a 92008 760-434-2553 Phone and Fax www . cvba .corn R E C E I a/ E D cvba@sbcalobal.net zmb APR I b P 2: 49 CITY OF CARLSBAO HOUSING AND REDEVELOPMENT DE PAR T MEHT Debbie Fountain City of Carlsbad Housing & Redevelopment Department 2965 Roosevelt St., Suite B Carlsbad, CA 92008 Dear Debbie, The CVBA requests your assistance in filing an amendment to Housing & Redevelopment Department Permit #RP9405 to be contained within the same boundaries, for the following project. According to the permit, the hours stated for the Farmers' Market are from 2:OO PM to 6:OO PM. The permit also states that the parking lot is reserved for the Farmers' Market from 1:00 PM to 8:OO PM, however the signs in the parking lot state that the parking lot is reserved for the Farmers' Market from 12:OO noon to 7:OO PM. Because there are so many different time spans stated on the permit, we would like to request the following: "Summer Market " Proposal 1. During the summers, we would like the option to extend the hours for the Farmers' Market from the last Wednesday in June to the first Wednesday in September. (A total of ten Wednesdays.) The current hours are from 2:OO pm to 5:OO pm. We would like to extend the hours to 8:OO pm. This year the dates would be from June 30, 2004 through September 1, 2004. In subsequent years, those dates would change, but be based on the dates of the last Wednesday in June to the first Wednesday in September, as stated above. 2. During the summers, we would like a signage permit for an ll-week promotion period to begin on the third Wednesday in June through the first Wednesday in September. This year those dates would be starting on Wednesday, June 23, 2004, (one week before the first night of the event) through the first Wednesday in September, which would be the lSt. The signs would be as follows: - Two banners - one to be positioned at the Carlsbad train/Coaster station and the other at the Farmers' Market - Six 4' x 4' signs - one at Carlsbad Village Drive and the freeway (coming off the northbound exit ramp); one at Cannon Park (facing northbound traffic); one at Jefferson and Marron Road; two at 101 and State Street (where the 101 splits off to State Street - one on the west side of 101 and the other on the east side of State Street, facing southbound traffic into Carlsbad Village, avoiding the center divide); and, one at the train/Coaster station. 3. Allow Carlsbad Village merchants to feature sidewalk sales in front of their businesses for the above-mentioned days and hours. 4. Allow for amplified musicians at the Farmers' Market and non-amplified, meandering musicians/ performers within in the Village. In the past, there have been amplified musicians at the Farmers Market. Cynthia Bueker, the Farmer's Market manager will manage the Summer Market amplified musicians located in the Farmer's Market parking lot. There will be both stationary and meandering musicians alternating throughout the 10-week period. 5. Allow for arts & crafts booths from 2:OO-8:00 pm. These booths would be located in the Farmers' Market parking lot. Not all farmers will remain on Summer Nights. Cynthia Bueker will arrange for a specified number of farmers to remain each Wednesday. As they farmers leave, arts and crafts vendors would come in and take over their spaces. This transition would be managed by Cynthia Bueker and monitored by a designated representative of the CVBA. 6. Allow food vendors, with valid health permits, to be located within the confines of the Farmers' Market. These vendors will be managed by Cynthia Bueker, and monitored by a designated representative of the CVBA. This Summer Market project is going to be project managed by the CVBA. Each week, the CVBA Project Manager and the Farmer's Market manager will review the vendors and musicians participating that week and monitor their participation so that we can guarantee a good time is had by all our guests and merchants. We anticipate that this Summer Market will lend a festive atmosphere to the Village on Wednesday nights during the summer and hope that other Village merchants will also keep their doors open on those evenings. Please let us know if you have any additional questions. Thank you fqr your interest and help on this exciting project. Sincerelv, n h-Q p~/J&&l&rW Louise Manganelli CVBA Advertising Committee -... CITY OF CARLSBAD NOTICE OF PUBLIC HEARING REQUEST FOR FIVE (5) YEAR TIME EXTENSION AND AMENDMENT TO HOURS OF OPERATION AND ACTIVITIES FOR THE CONTINUATION OF THE WEEKLY VILLAGE FARMER’S MARKET NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a special Public Hearing in the City of Carlsbad Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO pm on Tuesday, July 13, 2004, to consider recommending approval of a request to extend the term of amended Major Redevelopment Permit No. RP94-05(A)x2 to allow the continuation of the Village Farmer’s Market held every Wednesday afternoon in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District No. 1 of the Carlsbad Village Redevelopment Area. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Craig Ruiz in the Housing and Redevelopment Department at (760) 434-2810. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15301 of the State CEQA Guidelines as the continuation of an existing use. The Housing and Redevelopment Commission will be considering recommending approval of the environmental determination during the public hearing. If you challenge the request to extend the term of amended Major Redevelopment Permit No. RP94-05(A)x2 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE NO.: RP94-05(A)x2 CASE NAME: VILLAGE FARMER’S MARKET --- f- 2965 Roosevelt St., Ste. B 0 Carlsbad CA 92008-2389 0 (760) 434-2810/2811 0 FAX (760) 720-2037 Exhibit D SI Village Farmer’s Market PROJECT D ESC R I PTlON/EXPLANATION - PROJECT NAME: s.L-&0 *- 3-J\ & APPLICANT NAME: Please describe fully the proposed project by application type. include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. C V 8 A - CkLU-L hd Project Description 1 Q/96 * Page i ot 1 ' - City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or Dartnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Person m E(& L IPPx?. &:z;M*ILNn !&-M* n L/5,!~55,/4~“, Title ?& (OA/~ u 1 a/ /L< Title 2579 0 .5mn <5T. 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDNIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person C,ARLS &AD RELXVELCWkqoT/pa* Title PGEaY Title Address Address 2965 Roosevelt St., Ste. B Carlsbad, CA 92008-2389 * (760) 434-28101281 1 FAX (760) 720-2037 @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profiflrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes 0 No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. / I certify that all the above information is true and correct to the best of my knowledge. - C/PBIL Print or type name of owner AGENCY Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent rc ti H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 EXHIBIT 4 DRAFT DESIGN REVIEW BOARD MINUTES DATED JUNE 21,2004 Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: DESIGN REVIEW BOARD 6:OO P.M. JUNE 21,2004 SENIOR CENTER CALL TO ORDER Chairperson Marquez called the Special Meeting to order at 6:OO p.m. PLEDGE OF ALLEGIANCE Chairperson Marquez asked Commissioner Baker to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Marquez proceeded with the roll call of Board Members. Present: Commissioners: Tony Lawson Julie Baker Larry Paulsen Courtney Heineman Chairperson: Sarah Marquez Staff Present: Housing and Redevelopment Director: Debbie Fountain Management Analyst: Craig Ruiz Deputy City Attorney: Ronald Kemp APPROVAL OF MINUTES ACTION: Motion by Board Member Lawson, and duly seconded by Board Member Baker to accept the Minutes of March 3, 2004, changing where Commissioner Larry Paulsen’s name is misspelled. The Minutes of May 24, 2004, are accepted as written. VOTE: 5-0-0 AYES: NOES: None ABSTAIN: None Baker, Lawson, Marquez, Heineman, and Paulsen. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS PUBLIC HEARING Chairperson Marquez stated RP 94-05(A)X2, Village Farmer’s Market, will be presented tonight. This is a request to extend the term and amend major redevelopment permit number RP 94-05(A)X1 to allow the continuation of the Village Farmer’s Market held every Wednesday afternoon in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area and to amend the summer hours of operation and activities. DESIGN REVIEW BOARD MINUTES JUNE 2 1,2004 PAGE 2 of 9 Craig Ruiz, Management Analyst in the Housing and Redevelopment Department, gave a presentation on RP 94-05(A)X2. Currently the permit allows that the event can be held every Wednesday from 2 to 6 p.m. The parking lot is closed prior to that at 1 p.m. to allow for setup and reopens to the public at 8 p.m. to allow for clean up. There are a total of 33 booths that are allowed at the Farmer’s Market. That includes four non-produce booths, one informational booth that can be for things like composting or other agricultural related items. Then there is also one promotional booth that allows for the Village Business Association to promote their members. Mr. Ruiz continued that the CVBA submitted an application requesting that the term of the permit be extended for five years which is allowed with the current permit. They’ve also requested to extend their hours for running the Farmer’s Market. They would like to increase the hours of the Farmer’s Market during the summer months from 2 to 8 p.m., allow for live music, for food booths, for arts and crafts, for off-site signage, and for sidewalk sales for village businesses. As stated in the report, staff supports some of the requested modifications and recommends that the others not be approved at this time. Staff is supportive of extending the permit for five years and for the summertime hours to be extended from 2 to 8 p.m. This will require allowing the parking lot to be closed for an additional hour to the public to allow for any clean up. The lot is currently closed from 1 to 8 p.m., during the summer it would be closed from 1 to 9 p.m. Mr. Ruiz said as far as live music, the staff is recommending that this proposal not be supported. There is concern that the music will be a distraction to the area businesses and the local residents. This proposal is also not supported by the police department. They are concerned it will draw a large crowd and cause public safety concerns. As for the arts and crafts booths, staff is recommending that a total of two (2) arts and crafts booths be allowed each week at the fair. Regarding the offsite signage request, staff is recommending that request not be approved. Currently there are regulations that allow offsite signage for special events at certain locations, such as at Cannon Road Park or at Marron Road and Jefferson Street. Since this is a weekly event, it does not qualify as a special event. Therefore it would not be eligible for the additional signage beyond what is permitted under the current permit. Mr. Ruiz stated for the sidewalk sales, currently we have a permit process that allows sidewalk sales for businesses in the village area. They have to obtain an administrative permit. In exchange for that, the City receives indemnification from the business owner in case anyone is injured from the sidewalk sales. They also provide liability insurance in favor of the City of a million dollars. That process is already in place so rather then create a new process for a limited period, we would like to see that anybody wishing to do the sidewalk or outdoor displays go through the current process. It is easier for administration and it provides safeguards for the City. Therefore, staff does not support a blanket approval of sidewalk sales with this permit for the farmer’s market. Mr. Ruiz reinterated that staff’s position is that the DRB recommend approval of the permit term extension, approval of the change in hours, and the addition of two (2) arts and crafts booths. Staff is recommending no other changes to the existing permit. Chairperson Marquez thanked Mr. Ruiz. Commissioner Baker asked Mr. Ruiz if there was any consideration given to the kind of music that would be allowed. Rock and roll bands might draw unpleasant kinds of big crowds that we wouldn’t want. She does not see the harm in music such as Indian music. Is there a way there could be a limit on the kinds of music that would be offered and still perhaps allowed? Mr. Ruiz said that could be a recommendation the Board could make to the City Council. DESIGN REVIEW BOARD MINUTES JUNE 2 I, 7004 PAGE 3 of 9 Commissioner Heineman continued about the music request. The village area is becoming increasingly a site of residential units. Allowing music could be very disturbing for people living in the village area. Commissioner Lawson asked staff if it is possible to elaborate on what the basic intent and goal and orientation of providing the Farmer’s Market. It would help to get a background in our understanding of the initial intent. Debbie Fountain, Housing and Redevelopment Director, answered this question. When the request was first approved it was approved as a certified Farmer’s Market. We did a lot of research on other markets to see what certified farmer’s markets were, where they were at in the county. The concern at the time was that the City didn’t want to see it grow into something other then a certified farmer’s market. We were supportive of that, but we were concerned about other things that might happen. The main concern at the time, was that it was on public property and whether we could control other types of uses coming in. At the time, the big concern was if people wanted to use it as an area for public demonstrations of different types. When the permit was approved, it had a lot of conditions on it, specifically related to being a certified farmer’s market. That was why there was a limit on the additional booths, the informational booths, and the other types of booths that could be there. Our concern was we didn’t want it to turn into a swap meet. We just wanted a certified farmer’s market and the CVBA also wanted it to be a certified farmer’s market. The CVBA still wants it to be a certified farmer’s market but during the summer they are trying to encourage more people to come into the village area and they thought this is one way they could do it. Commissioner Lawson asked if it would be fair to say that the staff recommendation of the request of those items that are being supported or not are done within maintaining the spirit of that initial request? Does it influence some of the recommendations or non-recommendations? Ms. Fountain answered that staff is trying to maintain the integrity of the event as originally approved. But, also, staff is presenting the recommendation of a staff team. This request was forwarded for review to the police department, fire department, planning department, building department, everybody gets a chance to look at it. Some of the concerns expressed tonight are those expressed by our department as well as the other team members. Many of the team members were around when we originally approved the permit and were concerned it was growing into something that was not intended. The reason for the major concern is it is a weekly event. If it was a one time event or maybe a couple of times of year, there wasn’t as much concern. It was more about the weekly nature of the event and having so much activity was beyond what any of the other team members thought was appropriate for the downtown and for that event. Commissioner Paulsen said regarding the music, the only music he ever saw at the Farmer’s Market was off to the side a little bit and on the days when they have the Strawberry Festival and it was three old guys playing dance music from the Senior Center. I see nothing wrong with that. In fact, I like it. There aren’t any residences close in any way so I don’t see where that is an issue. Chairperson Marquez had a question for Mr. Ruiz. We are always looking for more parking in the village. 1 know that they do use a public parking lot for that particular event, and I know in the past we have done parking studies and have talked about parking structures in the downtown. That site has been looked at to perhaps develop a parking structure for that area for those businesses. I wonder if renewing this for another five year term would change any of our plans to proceed forward with a parking structure. Ms. Fountain answered that she wished she could say that a parking structure was possible in the next five years, but I don’t think that will happen with all the permitting required as well as getting all the funding together. We do not own all the property in that area. It is safe to say it is unlikely that in the five year period we would need the property. We do, however, have the ability to look at the permit on an annual basis, and if for some reason the parking is ultimately needed, then the City can let the CVBA know that they no longer can hold the event at that location. If we did have a lot of success and were able to pull the DESIGN REVIEW BOARD MllNUTES JUNE 2 1.2004 PAGE 4 of I) money together and consolidate the lot and move forward, we have the ability to say they could no longer use the public parking lot. Our first priority for a new parking structure is currently on the property owned by NCTD next to the commuter rail station. The subject lot on Roosevelt Street would actually be the second priority location. Commissioner Heineman asked if it is permitted, can it include your review? Ms. Fountain answered yes. Chairperson Marquez asked if there is any notice that has to be given to those merchants? Ms. Fountain answered yes. All properties within 600 feet are noticed. Chairperson Marquez invited the applicant to make her presentation. Lucinda Vigne, business owner at 2659 State Street and member of the CVBA. One of the objectives of the Carlsbad Village Business Association is to create recognition for an increased local use of Carlsbad’s downtown business area. Our businesses in the Village number about 500. Not all of them are members of the CVBA, but we feel as a group that we are trying to increase business for everyone. Surrounding Carlsbad Village are other beach cities and shopping malls, such as Encinitas, Oceanside, and the Company Stores. These people all have their merchants, their services and restaurants that compete with our village businesses. Many of these communities are very positively supported by their cities. We endeavor to increase local business and keep the heart of the City viable and energetic enabling change and growth without becoming stagnant and ordinary. Occasionally a change is needed to keep interest sparked. Theaters don’t show the same movies every night. If they did, the theaters would have to close. We must create an atmosphere that a business will thrive in. We as business owners want to create something for us to want to come into the village. We do have a unique setting here, but our businesses need any competitive edge we can get. We receive very little in the way of financial support and would like nothing more then to be able to increase our tax base to both Carlsbad and our state who would probably be very happy to accept it. We are only asking that you please let us create a more appealing environment that will attract families, retired persons and young professionals. A place where we Carlsbad people will not just start at the market for a few vegetables, but will want to take our family or perhaps meet our friends there, do a little shopping in the village or have a bite to eat prior to going home. We want to create a fun and desirable place to be for those ten summer nights in the village. That is all we are asking for, ten nights. We ask the Design Review Board to allow the additional purveyors of goods as per our original permit requests just for that period of time. And that we also be allowed to have the sidewalk sales without special permit requirements just on those ten Wednesday summer nights. Because we are shutting the market at 8 at night, I don’t think the music will affect any residents in the village and we are not planning to have the Rolling Stones or any music like that. Also with the extension of time in the Village Market, some of the farmers may not desire to stay until 8 or 9 p.m. so we want the extra booths to replace those people. Also, to create more of an interest for other people. If you go to the Oceanside Market, they have several different kinds of booths over there. Basically we are just asking just for that limited period of time our request be considered and we appreciate that. Commissioner Baker asked if this was to happen, do you think you would get more businesses to stay open at night? Ms. Vigne answered that she couldn’t talk for everybody, but she does feel we would be able to get more businesses to stay open later on Wednesday nights. We have tried in the past to have our businesses stay open later at night in the summer, and it hasn’t worked real well. The CVBA is always working on DESIGN REVIEW BOARD MINUTES JUNE 2 1,2004 PAGE 5 of 9 that. Not only do we want to address the people who live here, but we have a large work force clientele too. Commissioner Baker asked Ms. Vigne that she said in her original application for more booths, how many were you originally asking for? Ms. Vigne answered said they really don’t want more booths. Commissioner Baker said staff was recommending only two arts and crafts booths. What was your original request? Louise Magnelli, in the audience, answered no particular number. Chairperson Marquez asked Ms. Vigne who would approve the booths. Ms. Vigne said they have a manager of the market who is there every Wednesday, her name is Cynthia Buecker, and she would approve that. For that period of ten weeks, it would be the CVBA director. Commissioner Lawson continued for clarification. This request is not to be adding more space, it is dealing with the transitional aspects or are there vacancies in the existing areas? Because at certain times when I am there, it seems quite full, but then obviously later in the day when some leave, you want to maintain certain viability. Would it be my understanding that you would basically have someone coming in to filling in the space as ones in the beginning leave and others follow. Ms. Vigne said that is correct. She said she believes they are limited to 33 booths. Commissioner Lawson asked if the backup group is just sitting and waiting to move in? Ms. Vigne said yes. Commissioner Lawson continued his question, they would have a window when they are anticipating to be there and when they are going to be leaving so we are not going to have awkwardness? Ms. Vigne said yes. Commissioner Heineman asked Mr. Ruiz, are we talking about a total of two arts and crafts booths or two additional arts and crafts booths. How many arts and crafts booths do we have now? Mr. Ruiz said the permit says now that they can have four non-produce. What they utilize now is the kettle corn or the peanut person or some of those. It would be two additional. Commissioner Heineman said that would be two additional in addition to the four non-produce. Ms. Fountain clarified they can’t have arts and crafts in those four non-produce. The reason for the non- produce was they could be something like fish, baked bread, etc. It was something that was not grown, but related to a food item. Commissioner Heineman continued then that you are planning to allow two additional. Ms. Fountain said it still would be the four non-produce, which still could be the fish and the kettle corn and those types of things. Then two of their 33 booths total could be arts and crafts. So they could have four non-produce, two arts and crafts, and one informational booth. Commissioner Heineman added that the two arts and crafts are in addition. DESIGN REVIEW BOARD MINUTES JUNE 2 I, 2004 PAGE 6 of 9 Ms. Fountain said yes, they currently aren‘t allowed arts and crafts at all. Everything they are allowed to do now they can continue to do. Commissioner Heineman said okay. Ms. Vigne concluded by saying that she knows that Carlsbad limited the economic growth of the industrial and commercial business to serve the employment, shopping and recreation and service needs of its residents and I think we are right in line with that. Chairperson Marquez thanked Ms. Vigne Louise Magnelli, owner of the Health Food Store in Carlsbad on State Street, said she tried very hard last year to keep her store open in the evenings and there was so little foot traffic and so few merchants open that it was not successful and it costs me money to keep it open and not have a return. For some reason, the viability of evening businesses doesn’t exist. The advertising campaign was to try to bring more people into town on the market day. If you don’t allow us to promote it, who will know that we are open later? To me, one of the key things is the coaster and we need a sign there to let the people know when they get off the coaster at 530 that they can go pick up their produce. Maybe when they do that and see what shops we have in town, they will become customers in our stores. Not just get in their cars and leave. Our focus is to try and promote the downtown so more people will shop and use our businesses and become interested in staying downtown. To me the Farmer’s Market has been quite successful. Since it is only open from 2 to 5 p.m., when many merchants close their doors, they would love to go over to the market but can’t because it is closed. We need your cooperation to get this venture going. We do need advertising, music would be nice, arts and crafts booths would be great. We are doing our very best to represent the merchants and help them and we need your help and that is what we are here to ask for. Commissioner Heineman asked if staff recommends the hours for the summer until 8, would that satisfy your request? Ms. Magnelli said the hours would be good, but we do need an opportunity to promote it. No one will know that it is open unless we have a chance to advertise and we are anxious to do that. Advertising in the newspaper is too costly. We thought we could set a sign out near the coaster, there are a couple of good locations where people will realize that there is something going on in there. You could have a party and if nobody knows its there, they don’t come. That is something that would be important and would request that staff reconsider. Commissioner Lawson said you mentioned about the offsite signage and obviously I can understand the intent there is to try to reach people. You also mentioned that on State Street. What would be the meaning of the advertising for the market on Roosevelt to get them to as well to go to the other businesses such as yours which is on the other side of another block? Was some of the booths that you were requesting to put in, was it there to help promote those businesses that are out of direct site of the Farmer’s Market? Ms. Magnelli said honestly her feeling is that people come to the market and they walk through town and then realize they didn’t know there was a health food store, or a jewelry store or a coin shop. Once you get them on foot to walk through the town, it will expose the businesses. Many people living in Carlsbad didn’t even know there was a health food store. If people are walking around, they are going to see our stores. Commissioner Lawson continued relative to the farmers that have booths there, would it be considered a success and that they are accomplishing their goals if they are selling out their product at a good reasonable expectation or are the additional hours needed to be able to keep them on site while we make it worth their while. DESIGN REVIEW BOARD MINUTES JUNE 3 1,2004 PAGE 7 of 9 Ms. Magnelli answered it is worth their while. They are doing very well. Chairperson Marquez asked about the arts and crafts booths. Would they be subject to sales tax? Would you be responsible? Ms. Vigne answered no. These people have their own permits. Chairperson Marquez asked, but you would make sure they have a sales permit? Ms. Vigne said yes, that is all. Commissioner Heineman regarding the signs, do we still have certain sign regulations for the downtown area then we do for the resident city? Mr. Ruiz answered yes. Ms. Fountain said the only type of off-site signage currently allowed in the Village is the A-frame sign that has to go right in front of the business. The current regulations don’t allow any type of off-site signage. If a type of signage is not addressed in our code, then we have to go to the municipal code. In the municipal code, that’s what Craig had mentioned earlier, off-site signage is allowed for special events. Unfortunately, because of the type of event this is, it does not qualify under the code as a special event. Therefore, the special event signs permitted does not apply. Commissioner Lawson reiterated that the request is two fold in that it is the hours and the additional uses. After the summer period and yet obviously we addressed the issue of the extended hours would revert back, would it be your expectation that those additional uses that are added would be able to, or would be permitted during the balance of the year after that point in time. Given what you have expressed earlier that these additional uses are coming in to fill in that time after they have left, then you don’t have those hours, would you really be trying to fill somebody back in for that short period of time after that? I am wondering if this were to be approved in total as you would like it to, but in October would we in essence be seeing the same thing that we are seeing there today or would it be with these additional activities? Ms. Magnelli said she does not believe that the additional activities will lend itself to continue through the winter months. It gets dark earlier. Some merchants might like the market to stay open after 5, but then we would have to come back to your board. Commissioner Lawson replied that this request does not extend those hours past the summer Ms. Magnelli said yes. Chairperson Marquez asked Ms. Magnelli that if the board approves the application and the City Council approves the application, do you expect to extend those hours through the summer? Ms. Magnelli stated there have been so many delays. Nothing happens too fast in government I found. We will be very fortunate to get this going by the middle of July. With the hope that once we are given the opportunity to see how it works, next year it can start in June when the hours are longer. It will work. Especially there will be 65 new condominiums that will be built there and when they come through town and they know there is a Farmer’s Market and they know they can. That will help with all the businesses. To promote this we just need to notify the people that are coming around in this area, that are coming down Coast Highway. Maybe if we could have a sign up on Tuesday night and taken down on Wednesday night. So there becomes this idea there is a Farmer’s Market in town. We started this process in March. DESIGN REVIEW BOARD MINUTES JUNE 2 I, 2004 PAGE 8 of 9 Chairperson Marquez asked the Board if they would like to discuss this issue amongst themselves. The Public Hearing was closed. Commissioner Baker said she is in support of extending the term of the redevelopment permit and I see no issue with the hours. I actually see no issue with the music if it were a certain type of music, but I think we could legislatively deal with that. If the market is closed at 8 p.m., I really don’t see that it could be a disturbance. I’m sure we could control it by decibels or kinds of music, but I don’t see the harm in it. We want the people in the downtown in the summer and walking around and enjoying it. I see no issue with it, but the sign is a tougher thing and I don’t see anyway of getting around that. I appreciate your concern, but the redevelopment permit only allows a certain sign. As far as the arts and crafts, it is just the summer so I really think we should give it a try and see if it works. Maybe allow this for the summer and maybe revisit it again next summer or sometime in the future. Commissioner Heineman said he is in agreement with Commissioner Baker. I am not sure how the music will work out, but I will agree with the rest of the board. I am assuming that by accepting the hours from 1 to 8 or the booths having two arts and crafts booths and continuing with four other than produce booths, is that correct? Ms. Fountain said yes, they can have four non-produce booths. Commissioner Lawson said that if the music seems to be the key here, I would concur. Relative to other businesses in the village area, are there any concerns from those other businesses associated with this activity that has not been mentioned here this evening. I know that some of the downtown business merchants complain about the closing of the streets because of the Carlsbad 5000 or other activities. Is there any concern from the other portion of the business community that would be cause? Ms. Fountain indicated that staff has not heard recently about any complaint about the Farmer’s Market. I think the major concern was closure of the street and one good thing about this event is it doesn’t close the street, it just closes the public parking lot and it stays within the boundaries of that parking lot. It is not expanding into other areas. The only concern I do have about the music is that it can be very distracting, we are located right across the street from the Farmer’s Market, and if music is allowed, we would probably want it after 5 p.m. so that most of the offices are closed. It gets a little bit hard when it competes with conducting regular business. Commissioner Lawson continued that it is interesting from his perspective because his office is on State Street and sees across this. He understands the issue this group is bringing before the board. The sidewalks do get rolled up real quick in the evenings, and it becomes very quiet and it is a little bit disheartening because I know how I try to encourage friends and family to come down in the evening during the summer and when the weather is perfect. With that in mind, it would seem to me that I would want to encourage us to do everything we can to perpetuate the opportunity to let the people know who are coming off the coaster to know the Farmer’s Market is open and entice them to go to Grand and State. With that in mind, I could be very supportive of all six issues listed on the application. However, I do agree with staff. With that, I would be very supportive of their entire request. Chairperson Marquez said she is also a regular of the Farmer’s Market. She finds that many times after work when she is driving home, she is disappointed that she has missed it because it is 5 p.m. I would be very supportive of the extended hours for those ten weeks of the summer. I also find that the entertainment would be a nice feature for the market. I just would like to request that the music be unamplified and perhaps after 5 p.m. With that, are we ready for a motion? ACTION : Motion by Vice Chairperson Heineman, and duly seconded by Board Member Lawson, to adopt Design Review Board Resolution 293, approving RP 94-05(A)X2, Village Farmer’s DESIGN REVIEW BOARD MINUTES JUNE 2 I, 2004 PAGE 9 of 9 Market requesting to extend the term and amend major redevelopment permit number RP 94-05(A)X1 to allow the continuation of the Village Farmer's Market held every Wednesday afternoon in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area and to amend the summer hours of operation and activities as recommended by staff and to additionally allow non- amplified music after 5 p.m. VOTE: 5-0-0 AYES: NOES: None ABSTAl N : None Baker, Heineman, Lawson, Marquez and Paulsen. DISCUSSION ITEMS: Chairperson Marquez asked if anyone would like to make a nomination. Commissioner Baker nominated Courtney Heineman for Chairperson. Chairperson Marquez nominated Commissioner Lawson as chairperson. Commissioner Lawson respectfully withdrew because of his personal business. opportunity. He appreciates the For the vote of Commissioner Heineman as Chairperson VOTE: 5-0-0 AYES: NOES: None ABSTAIN: None Baker, Heineman, Lawson, Marquez and Paulsen. Chairperson Marquez nominates Commissioner Lawson as Vice-Chairperson. For the vote of Commissioner Lawson as Vice-Chairperson. VOTE: 5-0-0 AYES: NOES: None ABSTAl N : None Baker, Heineman, Lawson, Marquez and Paulsen. ADJOURNMENT By proper motion, the Regular Meeting of June 21, 2004, was adjourned at 7:lO p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT1 Minutes Clerk CITY OF CARLSBAD NOTICE OF PUBLIC HEARING REQUEST FOR FIVE (5) YEAR TIME EXTENSION AND AMENDMENT TO HOURS OF OPERATION AND ACTIVITIES FOR THE CONTINUATION OF THE WEEKLY VILLAGE FARMER’S MARKET NOTICE IS HEREBY GIVEN that the Design Review Board of the City of Carlsbad will hold a special Public Hearing in the City of Carlsbad Senior Center, 799 Pine Avenue, Carlsbad, California, at 6:OO pm on Monday, June 21, 2004, to consider recommending approval to the Housing and Redevelopment Commission of a request to extend the term of amended Major Redevelopment Permit No. RP94-05(A)x2 to allow the continuation of the Village Farmer’s Market held every Wednesday afternoon in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District No. 1 of the Carlsbad Village Redevelopment Area. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Craig Ruiz in the Housing and Redevelopment Department at (760) 434-2810. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite 8, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15301 of the State CEQA Guidelines as the continuation of an existing use. The Design Review Board will be considering recommending approval of the environmental determination during the public hearing. If you challenge the request to extend the term of amended Major Redevelopment Permit No. RP94-05(A)x2 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP94-05(A)x2 CASE NAME: VILLAGE FARMER’S MARKET DESIGN REVIEW BOARD 2965 RoosGlt St.. Ste. B Carlsbad CA 92008-2389 1760) 434-2810/2811 0 FAX 17601 720-2037 Village Farmer’s Market June 23,2004 TO: CITY CLERK'S OFFICE FROM: RE: PUBLIC HEARING REQUEST Man agemen t Analyst, Housi ng And Redevelop men t Depart men t Attached are the materials necessary for you to notice VILLAGE FARMER'S MARKET /RP 94-05(a)X2 for a public hearing before the Housing and Redevelopment Commission. The attached public hearing notice must be published, posted and mailed at least 10 days before the hearing. Please notice the item for a special Housing and Redevelopment Commission meeting on July 13, 2004. Thank you. w AIG RUlZ July 13,2004 The Honorable Bud Lewis Mayor, City of Carlsbad Carlsbad City Hall Carlsbad, CA 92008 Dear Mayor Lewis: The Carlsbad Convention and Visitors Bureau supports the item that is before you tonight regarding the extension of hours and vendor services for the Carlsbad Farmers’ Market. We believe that by granting the request by the Carlsbad Village Business Association to modify the current arrangement for the Market, residents of Carlsbad will have an opportunity to enjoy the very part of the city that many of us have worked hard to promote as a center of business activity. As the daylight hours extend the outdoor opportunities that many of us enjoy during the summer months, having the Farmers’ Market operate until 8:OO p.m. is clearly a reasonable request. Couple that with musical entertainment, arts and crafts vendors, and perhaps food on site, one can only imagine the fun that can be had by all who come to the Village for after work enjoyment. So much has been said many and articles written in the local media about creating a stimulus for business activity in the Village. By extending the summertime hours, one can only imagine the synergy that can be derived by providing the added enhancement to a Market that closes at 5:OO p.m. every Wednesday. Imagine, if you will, the evening foot traffic that will wonder down Roosevelt and onto Grand Avenue and down to State Street, and how merchants may finally join in by extending their hours of operation to accommodate this newfound consumer. We’ve talked about Downtown Enhancement and what it might take to create a buzz in the Village. My guess is that by extending the hours of the Farmers’ Market, along with the added features that have been requested, would be a step in the right direction. Additionally, for visitors who have chosen Carlsbad as their destination of choice, this mid-week event provides added enjoyment. As one who compares other destinations while traveling, I can attest first-hand to the excitement that is felt when I can participate in something that is unique to that area. Carlsbad Convention 23 Visitors Bureau 400 Carlsbad Village Drive, Carlsbad, California 92008 (760) 434.6093 FAX (760) 434.6056 www.visitcarlshad.com info@visitcarlsbad.com I would urge you and your fellow council members to consider the added value that might possibly be enjoyed by residents and visitors if the request by the CVBA is approved. Thank you very much. Sincerely, Kurt Burkhart Executive Director Cc: Council Members Carlsbad Village Business Association Board of Directors, Carlsbad CVB Carlsbad Farmer’s Market RP94-05(A)x2 SITE Farmer’s Market•Established in 1994•Operated by the CVBA•Current Permit Expires in September 2004•Request for Five Year Extension & Modifications to Summer Hours & Operation Current Permit•Every Wednesday•2pm to 6pm•Set-up at 1 PM & Clean-up by 8 PM•Maximum No. of Booths -33–Four Non Produce Booths–One Informational Booth–One Promotional Booth for Village Business Requested Modifications•5 Year Permit Extension –Sept. 26, 2009•Summer Hours -2pm to 8pm•Live Music•Food Booths•Arts and Crafts Booths•Off Site Signage•Sidewalk Sales for Village Businesses DRB Recommendation•Five (5) Year Extension of RP 94-05(A)x2•Summer Months –Hours: 2pm to 8pm (1pm -9pm set-up/clean up)–Two (2) Additional Arts & Crafts Booths–Live, Non-Amplified Music from 5pm –8pm DRB Recommendation•The DRB Did Not Support:–Unlimited Arts & Crafts Booths–Sidewalk Sales–Off-Site Signage–Food Booths–Amplified Music During Business Hours CITY OF CARLSBAD NOTICE OF PUBLIC HEARING REQUEST FOR FIVE (5) YEAR TIME EXTENSION AND AMENDMENT TO HOURS OF OPERATION AND ACTIVITIES FOR THE CONTINUATION OF THE WEEKLY VILLAGE FARMER’S MARKET NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a special Public Hearing in the City of Carlsbad Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO pm on Tuesday, July 13, 2004, to consider recommending approval of a request to extend the term of amended Major Redevelopment Permit No. RP94-05(A)x2 to allow the continuation of the Village Farmer’s Market held every Wednesday afternoon in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District No. 1 of the Carlsbad Village Redevelopment Area. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Craig Ruiz in the Housing and Redevelopment Department at (760) 434-2810. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15301 of the State CEQA Guidelines as the continuation of an existing use. The Housing and Redevelopment Commission will be considering recommending approval of the environmental determination during the public hearing. If you challenge the request to extend the term of amended Major Redevelopment Permit No. RP94-05(A)x2 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE NO.: RP94-05(A)x2 CASE NAME: VILLAGE FARMER’S MARKET 2965 Roosevelt St., Ste. B 0 Carlsbad CA 92008-2389 0 (760) 434-281012811 0 FAX (760) 720-2037 SI V'illage Farmer's Market Packard Building Partnership Packard Building Par 725 Grand Ave Carlsbad, CA 92008 Chin Lung & Yu Tsai 2958 Madison St Carlsbad, CA 92008 Mcmillin Real Estate & Mortgage Inc 2727 Hoover Ave National City, CA 91950 Carlsbad Grand Llc 701 B St SanDiego, CA 92101 Vermilyea Gsd 1 1620 Kismet Rd San Diego, CA 92128 John & Nina Gordon PO Box 130065 Carlsbad, CA 92013 Great Weste PO Box 7 2658 08-29-95 Parker 3215 Maezel Ln Carlsbad, CA 92008 John & Barbara 07-22 Gombar Mark & Mary Gombar 775 Marsopa Dr Vista, CA 92081 rt Paul & Ten Rappaport 2963 Madison St Carlsbad, CA 92008 08-29-95 Parker 32 15 Maezel Ln Carlsbad, CA 92008 02-18-98 Nobel 6435 Caminito Blythefield #C La Jolla, CA 92037 05-10-93 MCCOIWS 1265 Cynthia Ln Carlsbad, CA 92008 Ins Komberg 509 N Maple Dr Beverly Hills, CA 902 10 Security Pacific National Bank ilD Bull 300 Lakeside Dr Oakland, CA 94612 Sheryl Bullock 24012 Calle De La Plata #340 Laguna Hills, CA 92653 Bank Of America Nt & Sa 750 B St #1500 SanDiego, CA 92101 Marguerite 05-21-96 Montalbano Ann Montalbano 1 15 1 Wild Canary Ln Olivenhain, CA 92024 01-31-91 SimS 2820 Wilson St Carlsbad, CA 92008 Carlsbad Village Partners Carlsbad Village Par 872 Chelsea Ln Olivenhain, CA 92024 Sara Teran 305 Date Ave Carlsbad, CA 92008 Ilario & Marie Manno 3067 Roosevelt St Carlsbad, CA 92008 08-21-01 ACW 91 Maynard Ave Newbury Park, CA 91320 Russell Bennett 6039 E Mariposa St Scottsdale, AZ 85251 North County Health Project Inc 150 Valpreda Rd San Marcos, CA 92069 872 Chels 0, Bieri Avis Vi Ltd 550 Laguna Dr #B Carlsbad, CA 92008 Ophelia Garcia 2960 State St Carlsbad, CA 92008 Humphre ys 555-595 Grand Ave Carlsbad, CA 92008 Nancy 08-28-96 Boyer 602 S Pacific St Oceanside, CA 92054 Leor & Ophira Lakritz Elisha & Dah Gilboa PO Box 1029 Tustin, CA 92781 Michael Murphy & Howard Murphy 400 N La Costa Dr Carlsbad, CA 92009 Ester Ahronee 4440 Cather Ave San Diego, CA 92 122 Leo & Dianna Pacheco 2 100 Chestnut Ave Carlsbad, CA 92008 Douglas Avis & L B Lori 550 Laguna Dr #B Carlsbad, CA 92008 2921 Roosevelt Ltd California Business T 7040 Avenida Encinas # 104-2 Carlsbad, CA 92009 Clark & Shelley Knapp 215 W Palm St San Diego, CA 92 103 Nancy 08-28-96 Boyer 602 S Pacific St Oceanside, CA 92054 Vermilyea Gsd 1 1620 Kismet Rd San Diego, CA 92128 03-27-91 Hylen 5 146 Chelterham Ter San Diego, CA 92130 Great Western Bank PO Box 7788 Newport Beach, CA 92658 11-1 5-93 Walker-gilbert 4350 Highland Dr Carlsbad, CA 92008 Ehs Ents Llc 5553 Trinity Way San Diego, CA 92 120 Kfc National Management Co PO Box 35370 Louisville, KY 40232 Physical Rehabilitation & Hand Centers I . Linda 03-09-99 Meissner 4939 Rancho Viejo Dr Del Mar, CA 92014 1275 Hoover St Carlsbad, CA 92008 Florencio Rodriguez 675 Oak Ave Carlsbad, CA 92008 Dale Pemgo & Dba The Village Gril 2833 State St Carlsbad, CA 92008 Physical Rehabilitation & Hand Centers I 4939 Rancho Viejo Dr Del Mar, CA 92014 James & Lana Besaw PO Box 3928 Dana Point, CA 92629 . Donald & Lael Dewhurst 3425 Seacrest Dr Carlsbad, CA 92008 Peter 8z Georgette Rock 242 1 S El Camino Real San Clemente, CA 92672 2 10-20-94 Dunham 4028 Park Dr Carlsbad, CA 92008 Marital 03-3 1-8 1 Howard-jones 2785 Roosevelt St Carlsbad, CA 92008 Donald Dewhurst 5646 Rutgers Rd La Jolla, CA 92037 08- 1 6-00 Tomkinson 3 18 1 Falcon Dr Carlsbad, CA 92008 Ester Ahronee 4440 Cather Ave San Diego, CA 92122 Comer L L C Village 2998 State St Carlsbad, CA 92008 x; Carlsb Paterson 2727 Roosevelt St Carlsbad, CA 92008 05-16-94 Go11 18 Gettysburg Irvine,CA 92620 03-13-90 Dewhurst 3425 Seacrest Dr Carlsbad, CA 92008 Carlsbad, CA 92008 06-04-98 Tucker 28 10 Madison St Carlsbad, CA 92008 Jeanene Enterprises Inc PO Box 2258 Carlsbad, CA 92018 03 - ly<t 3425Sea stDr Carl ,CA 92008 Marital 03-31-81 Howard-jones 2785 Roosevelt St Carlsbad, CA 92008 Bieri Avis Vi Ltd 550 Laguna Dr #B Carlsbad, CA 92008 Roosevelt Tamarack Investments L P 6 Venture #2 15 Irvine, CA 92618 Brent William Beazley Jennifer Lynn Craig 16633 Ventura Blvd #I030 Encino, CA 91436 Edmond 05-23-89 Shehab & Edmond Sheha Bieri Ap 632 1 Esplanade 550La aDr#B Playa Del Rey, CA 90293 Carlsbad, CA 92008 Props Lp Macdonald 2898 State St Carlsbad, CA 92008 X08 sbad, Douglas Avis & L B Lori 550 Laguna Dr #B Carlsbad, CA 92008 Mission Square Shopping Center Mission Square Shopp 169 1 Caminito Aliviado La Jolla, CA 92037 Catherine Clarke 824 Caminito Del Reposo Carlsbad, CA 92009 Clark & Shelley Knapp 215 W Palm St San Diego, CA 92103 PO Box Butler Properties Llc 3285 Corporate Vw Vista, CA 92081 Harry & Alice Guzellimian Nadya Guzelimian PO Box 206 Solana Beach, CA 92075 Stuart & Marilyn Wilson 4920 Collingwood Dr San Diego, CA 92109 0 0 PO8 and Ave L 0 PO8 and Ave L 0 Gunter PO Box 749 San Pedro, CA 90733 Nancy 08-p 602 SPaci St Oceanside, CA 92054 All American Engineering & Tra Hong Kong Food City 721 Mcgavran Dr Vista, CA 92081 Leor &? Elisha & afh Gilboa POB 1029 Tush, CA 92781 05-03-91 Satterly 1349 Melrose Way Vista, CA 92081 Bill Ryburn & J 03-3 1-87 Laura1 2019 Estero St Oceanside, CA 92054 George & Jackye Willis 2050 Laurie Cir Carlsbad, CA 92008 Jerry Peters PO Box 1091 Cardiff, CA 92007 Rosalie Kopp & Mary Barry PO Box 764 Oceanside, CA 92049 g;F Howard Est Murphy Carlsb , CA 92009 Carlsbad, CA 920 18 Jeanene Enterprises Inc PO Box 2258 Aminat Sharipova & Gadji Mahachev 786 Grand Ave Carlsbad, CA 92008 Gene & Margaret Ray 2959 Jefferson St Carlsbad, CA 92008