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
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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
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the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the
Housing and Redevelopment Commission except that 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-
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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
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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
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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-
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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 -
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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-
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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.
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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
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Review Board Resolution No. 224, approving the amendments to
Redevelopment Permit RP 94-5, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the Housing and Redevelopment Commission with the following
changes and additions:
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,
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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
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3. A complete list of all conditions is attached to this
resolution as Exhibit "A".
4. This action of approval is final the date this
resolution is adopted by the Housing and Redevelopment Commission.
The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time
Limits for Judicial Review" shall apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record,
the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or
mailed to the party, or his attorney of
record, if he has one. A written request for
the preparation of the record of the
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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 :
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MAJOR REDEVELOPMENT PERMIT (94-5)
As Amended by the City Council on June 13, 1995
FINDINGS
No. 1 The proposed project will enhance the commercial center function of the downtown and is therefore consistent with
the goals and objectives of the Village Design Manual. The Village Center, in which this project is located, is to serve as a focal point for the area and become the major attraction for the downtown. The proposed project provides an attraction which is consistent with the 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
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intensified in use. Although no structure is being erected, enlarged or intensified, a public parking
lot will be used temporarily for a retail operation which results in an intensification of use and a loss of public parking. However, since there is adequate public parking within 300 feet of the proposed market, there will be no negative impact on access to other businesses, the beach or other attractions within the area. The granting of the noted exemptions will not contradict the standards established within the Village Design Manual because this is only a temporary modification of
land use.
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
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Business Association shall be completely responsible for posting the signs and ensuring that they remain in place during the entire 72 hour period; missing or vandalized
signs must be replaced by the applicant. The Association shall also be responsible for notifying the Carlsbad Police Department each week when the signs are installed. The Association shall also notify local businesses to
provide vehicle identification and will not request that a vehicle be towed without first attempting to notify the vehicle owner of this parking requirement. These signs are temporary and must be removed each Wednesday at the end of the market and re-installed as noted herein. The parking lot shall be closed form 1: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
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three (3 ) parking directional signs every Wednesday prior to the Farmer’s Market. The Association shall ensure
that these signs remain in place for the entire period of
the Market every Wednesday. These signs shall be of professional quality and shall be at least three feet (width) by four feet (height) in size. A minimum of one
(1) sign shall be placed at the south entrance to the alley (east of the project site) and a minimum of one (1) sign shall be placed at the north entrance to the alley (east of the project site). A minimum of one (1) sign shall also be provided at the Madison Street entrance to
the Great Western Bank property located at 699 Grand Avenue. Sign copy must be pre-approved by the Housing
and Redevelopment Director. The Association shall also
be responsible for distribution of information regarding
other public parking lots in the area and for encouraging shoppers to park in these lots.
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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.
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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
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DRB Resolution No. 224
Page 3
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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.
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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
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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.
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DRB Resolution N0.z
Page 2
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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
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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.
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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.
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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
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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
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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’
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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
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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.
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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
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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