Loading...
HomeMy WebLinkAbout2005-05-10; Housing & Redevelopment Commission; 371; Carlsbad Saturday Farmer's MarketTITLE: AB# 37 1 - MTG. 5/10/05 DEPT. H/RED CARLSBAD SATURDAY FARMER’S MARKET RP 94-05(A)X3 RECOMMENDED ACTION: DEPT. HD. CITY ATTY. CITY MGR That the Housing and Redevelopment Commission ADOPT Resolution No 393 I APPROVING Major Redevelopment Permit RP 94-05(A)x3 to add an additional day to the weekly Farmer’s Market, to be held on Saturdays in the Village Redevelopment Area as recommended by the Design Review Board. ITEM EXPLANATION: On March 28, 2005, the Design Review Board (DRB) conducted a public hearing to consider a request to add an additional day to the weekly Farmer’s Market to be held on Saturday mornings 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. The proposal did not include a request to modify the configuration or general operations of the Farmer’s Market. The Carlsbad Village Business Association (CVBA) is the official sponsor of the Farmer’s Market event. The Farmer’s Market currently takes place every Wednesday afternoon from 2:OO p.m. to 6:OO p.m. from the second Wednesday in September through the second to last Wednesday in June, and during the summer season from 2:OO p.m. to 8:OO p.m. from the last Wednesday in June through the first Wednesday in September. 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. Beginning in July of 2004, the CVBA began operation of their summer hours from 2:OO p.m. to 8:OO p.m. In order to offer greater shopping opportunities to residents and visitors of Carlsbad, the applicant, CVBA, has requested the additional day to the weekly Farmer’s Market to take place on Saturday’s from 8:OO a.m. to 11:OO a.m. As part of the proposal the CVBA did not request any modifications to the configuration or general operations of the Farmer’s Market event. The event will continue to be limited to the public parking lot located mid block on the easterly side of Roosevelt Street and the maximum number of booths will remain at thirty-three (33) spaces. At the public hearing, the Design Review Board members voted unanimously (3-0, Baker absent) to recommend approval of the project as proposed. The approvin resolution along with the Design Review Board staff report, and the draft minutes of the March 28 meeting are attached for the Commission’s review. tF ENVIRONMENTAL REVIEW: The Housing & Redevelopment 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 1531 1 of the State CEQA Guidelines as placement of a minor structure accessory to an existing facility. 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. 371 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. EXHIBITS : 1. Housing & Redevelopment Commission Resolution No. 393 , APPROVING RP94-05(A)x3 2. Design Review Board Resolution No. 296, dated March 28, 2005 3. Design Review Board Staff Report, dated March 28,2005 with attachments 4. Draft Design Review Board Minutes, dated March 28, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 393 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR DAY TO THE WEEKLY FARMER’S MARKET, TO BE HELD ON SATURDAYS IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION REDEVELOPMENT PERMIT NO. RP 94-05(A)X3 TO ADD AN ADDITIONAL CASE NO: RP 94-05(A)X3 WHEREAS, on March 28, 2005, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider Major Redevelopment Permit RP 94-05(A)X3 to add an additional day to the weekly Farmer’s Market, to be held on Saturday’s 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 adopted Design Review Board Resolution No. 296 recommending 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 9405(A)X3; 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 153 1 I of the State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and will not have any adverse significant impact on the environment. 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 Major Redevelopment Permit RP 94-05(A)X3 is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 296, on file in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission, except that Condition No. 1 of Housing and Redevelopment Commission Resolution No. 387 and Condition No. 11 of Design Review Board Resolution No. 296 are not incorporated and instead the Conditions shall read as follows: 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 booth spaces shall be limited to the number (33) indicated within the application. Two (2) of the booths may be utilized for the selling of hand made arts and crafts. The Saturday Farmer’s Market hours of operation shall be every Saturday from 8:OO a.m. to 1:00 p.m. To set up for the event and clean up afterwards, the subject parking lot will be closed from 7:OO a.m. to 2:OO p.m. The hours of operation for the Wednesday Farmer’s Market are as follows: From the second Wednesday in September, through the second to last Wednesday in June, the hours of operation shall be every Wednesday afternoon fiom 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 1:00 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 1:00 p.m. to 9:00 p.m. every Wednesday. During the period of extended hours, the performance of live, non-amplified music will be allowed between the hours of 5 p.m. and 8 p.m. The total number of booths, spaces or hours of operation for the Wednesday Farmers Market and/or Saturday Farmer’s Market shall not be increased without prior amendment to this major redevelopment permit.” Condition No. 1 1 is amended to read as follows: “The Saturday Farmer’s Market approval is granted based upon an understanding that Major Special Event Applicant’s and/or Organizations that have utilized 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, prior to the adoption date of this resolution have a prior right to utilize said parking lot. Therefore, a Saturday Farmer’s Market which interferes with a Major Special Event with such a prior right, may be required to be shut down for that particular day.” 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; HRCRESONO. 393 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The proposed development is the placement of a minor structure accessory to an existing facility, and will not have any adverse significant impact on the environment; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the 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 the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial 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 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 hisher 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.” HRCRESONO. 393 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 10th day of May , 2005 by the following vote to wit: AYES: NOES: None ABSENT: Commissioner Lewis ABSTAIN: None Commissioners Hall, Kulchin, Hall, Sigafoose CLAUDE A. LEWIS, CHAIRMAN MATT HALL, Vice-chairman ATTEST: HRCRESONO. 393 -4- 1 e L I 4 4 - t s a s io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 296 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 05(A)X3 TO ADD AN ADDITTIONAL DAY TO THE WEEKLY FARMER’S MARKET, TO BE HELD ON SATURDAYS IN THE VILLAGE REDEVELOPMENT AREA CASE NAME: CARLSBAD SATURDAY FARMER’S MARKET APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94- APN: 203-304-02,03,04,05 CASE NO: RP 94-05(A)X3 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 RP94-05 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 20fh 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 WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on the 13‘h day of July, 2004, adopt Resolution No. 387 extending the term of the Farmer’s Market for five years ending on September 26,2009; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the applicant has filed an application to amend the permit for the Farmer’s Market in order to allow for a weekly Saturday Farmer’s Market to be held in the morning hours in the same location of the previously approved Farmers Market; and WHEREAS, the Design Review Board did, on the 28‘h day of March, 2005, 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 Housing & Redevelopment Director has determined that the project is EXEMPT from the requirements of the California Environmental Quality Act (CEQA) per Section 153 1 1 of the State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, 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)X3. 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 Major Redevelopment Permit No. RP 94-05(A)X3 to add an additional day to the weekly Farmer’s Market, to be held on Saturday’s 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. CONDITIONS DRB RES0 NO. 296 -2- -7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 fiu-ther 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)x3. 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)x3, (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. 387 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. Two (2) of the booths may be utilized for the selling of hand made arts and crafts. The Saturday Farmer’s Market hours of operation shall be every Saturday from 8:OO a.m. to 11:OO a.m. To set up for the event and clean up afterwards, the subject parking lot will be closed from 7:OO a.m. to 1200 p.m. The hours of operation for the Wednesday Farmer’s Market are as follows: 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 1:00 p.m. to 8:OO DRB RES0 NO. 296 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 :00 p.m. to 9:OO p.m. every Wednesday. During the period of extended hours, the performance of live, non-amplified music will be allowed between the hours of 5 p.m. and 8 p.m. The total number of booths, spaces or hours of operation for the Wednesday Farmers Market and/or Saturday Farmer’s Market shall not be increased without prior amendment to this major redevelopment permit. Condition No. 9 of Housing and Redevelopment Commission Resolution No. 387 is further amended to read as follows: This time extension to amended Major Redevelopment Permit No. RP 94-05(A) with regards to the Wednesday Farmer’s Market 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 af€ects on surrounding land uses or the public’s health and welfare. If a substantid 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. The Saturday Farmer’s Market initial approval is granted for a period of six (6) months. This permit shall be reviewed by the Housing & Redevelopment Director after six (6) months to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Housing & Redevelopment Director determines that the conditions of the permit are met and the use does not have a significant adverse environmental impact, and does not have a substantial adverse affect on surrounding land uses or the public’s health and welfare, this permit may be extended by the Housing & Redevelopment Director for a reasonable period of time not to exceed five years, including the initial six (6) month review period. This amendment, RP 94- 05(A)X3 is subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director DRE3 RES0 NO. 296 -4- 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, which cannot be mitigated or that 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 unmitigated 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 reduce such effects to insignificant. There is no limit to the number of extensions the Design Review Board may grant. Condition No. 10 of Housing and Redevelopment Commission Resolution No. 387 is further amended 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 and Saturday 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 and Saturday. 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 and placement must be pre-approved by the Housing & Redevelopment Director. The Association shall also be responsible for distribution of information regarding other public parking lots in the area for encouraging shoppers to park in these lots. Condition 11 is added to read as follows: The Saturday Farmer’s Market approval is granted based upon an understanding that Major Special Event Applicant’s and/or Organizations that have utilized 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, prior to the adoption date of this resolution have a vested right to utilize said parking lot. Therefore, a Saturday Farmer’s Market which interferes with a Major Special Event with such a vested right, may be required to be shut down for that particular day. **** ... DRB RES0 NO. 296 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, California, held on the 28'h day of March, 2005, by the following vote to wit: AYES: HEINEMAN, LAWSON AND MARQUEZ NOES: NONE ABSENT: BAKER ABSTAIN: NONE CARLSBAD DESIGN REVIEW BOARD ATTEST: c ---1 1 \=J&JAbT i /--- CU < DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 296 -6- Exhlbit 3 A REPORT TO THE DESIGN REVIEW BOARD AppliCATiON COMP~TE DATE 01/28/05 ENViRONMENTAI Rwim CATECjORiCAlly EXEMPT STAFF: CliFf JONES ASSiSTANT PIAMER ITEM NO. 1 DATE: March 28,2005 SUBJECT: RP 94-05(A)X3 - “CARLSBAD SATURDAY FARMER’S MARKET”: Request to amend Major Redevelopment Permit No. RP 94-05(A)x2 to allow for the Village Farmer‘s Market to be held every Saturday morning 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. 1. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 296 recommending Approval of Major Redevelopment Permit No. RP 94-05(A)x3 to add an additional day to the weekly Farmer’s Market, to be held on Saturday’s in the Village Redevelopment Area. 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. In July of 2004, the Housing & Redevelopment Commission approved, with the recommendation of the Design Review Board an extension to the summer hours of operation, a modification to the operations of the Farmer‘s Market, and extended the term of the permit through September 26,2009. The current proposal is a request to add an additional day to the weekly Farmer’s Market, proposed to be held on Saturday’s in the same parking lot that the Wednesday’s Farmer’s Market is currently held. The proposal does not request any modifications to the configuration or general operations of the Farmer‘s Market. Because the proposal includes an addition to the days and hours of operation of the I2 RP 94-05(A)x3 - CARLSBAD SATURDAY FARMER’S MARKET MARCH 28,2005 PAGE 2 market, final approval of the amendment must be granted by the Housing and Redevelopment Commission. Amendment to Time and Day of Operation The Farmer’s Market currently takes place every Wednesday afternoon from 2:OO p.m. to 6:OO p.m. from the second Wednesday in September through the second to last Wednesday in June, and during the summer season from 2:OO p.m. to 8:OO p.m. from the last Wednesday in June through the first Wednesday in September. The Carlsbad Village Business Association (CVBA), as the official sponsor of the event, is requesting an amendment to the major redevelopment permit to allow for an additional day, Saturday, to operate the Certified Farmers Market within the Village. The proposed hours of operation for the Saturday Farmer’s Market would bd from 8:OO a.m. to I1 :00 a.m. and would take place within the same public parking lot as the existing Wednesday Farmer’s Market. The public parking would be reserved an hour prior to and after the event, from 7:OO a.m. to 12:OO p.m., for set up and clean up. The proposal does not request any modifications to the configuration or general operations of the Farmer’s Market. 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. Of the thirty-three (33) spaces, a maximum of four (4) non-produce, non-certified product sales booths can 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. Two (2) of the thirty-three (33) spaces can be arts and crafts booths. 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 , compost ing , organic farming and sustainable ag ricu I tu re- business endeavors. The CVBA will also continue to provide one (1) informational booth for local Village businesses to promote and advertise their businesses. Cynthia Bueker, the current Wednesday’s Farmer’s Market Manager, will manage both the existing and proposed Farmer’s Market. City staff is supportive of the proposed day and time of the proposed Saturday Farmer‘s Market. Since the Farmer’s Market configuration and operations will not change as part of the proposed amendment, and the existing Wednesday’s Farmers Market Manager will be managing the event, staff does not anticipate a substantial negative effect on surrounding properties (including parking) or their public health and welfare. In order to assure that the project does not pose substantial negative effects to surrounding land uses or the public’s health and welfare staff has placed language within the conditions of approval stating that the initial permit will be approved for six months and may be permitted for up to five years if the Housing & Redevelopment Director determines that is Rp 94-05(A)x3 - CARLSBAD SATURDAY FARMER’S MARKET MARCH 28,2005 PAGE 3 the conditions of approval were met. All time extensions beyond the permitted five-year period will be required to go to the Design Review Board for approval. Sianage The CVBA is requesting that new signage be installed in the parking lot to indicate the days and times that the parking lot is reserved for both the existing and proposed Village Farmer’s Market. As a condition of approval in the past, the CVBA has been responsible for providing (at its own cost) parking directional signs and has been required to pay for the replacement of vandalized or stolen “No Parking TOW AWAY” signs which indicate the time and day parking is prohibited during the Farmer’s Market event. Staff is recommending that the cost for construction and placement of new required signage be the burden of the applicant as it has been a condition of approval placed on the applicant in the past. Staff supports the proposed language to be placed on the sign indicating that parking is prohibited on Wednesday from 1:00 p.m. to 6:OO p.m. and on Saturday from 7:OO a.m. to Noon. These hours help to assure that the Farmer’s Market Manager will be able to set up prior to the event and clean up after the event 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 type of proposed use or the governing regulations of the Carlsbad Village Redevelopment Master Plan and Design Manual, which would impact this consistency finding or require additional conditions on the project. IV. GENERAL PLAN CONSISTENCY The Design Review Board and Housing and Redevelopment Commission originally found the Certified Farmer’s Market to be consistent with the goals and objectives of the various elements of the General Plan. There have been no changes in the proposed type of 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 & Redevelopment Director has conducted the required environmental review for the proposed amendment pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. The Housing & Redevelopment Director has made a determination that the proposed project is categorically exempt under CEQA Section 1531 1 as placement of a minor structure accessory to an existing facility. RP 94-05(A)x3 - CARLSBAD SATURDAY FARMER’S MARKET MARCH 28,2005 PAGE 4 VI. CONCLUSION 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 the event. The market manager’s proactive approach to problem-solving has aided in the overall success of the weekly event. The Village Farmer’s Market appears to have been well received by local merchants, residents, and visitors alike. The popular weekly event continues to attract many people to the Village every Wednesday afternoon 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. Through the passage of the proposed amendment, the Saturday Farmer’s Market will offer an additional opportunity for residents and visitors alike to experience the unique shopping opportunity afforded through the Farmer’s Market. In particular, the Saturday Farmer’s Market will allow working residents and visitors of Carlsbad an opportunity to shop outside of normal working business hours generating more shopping activity and livelihood within the Village. The Carlsbad Village Business Association has met the conditions of the previously approved permit. Therefore staff does not see any reason to make any major changes to the original conditions of approval. However, since the affects that the Saturday Farmer’s Market may have upon surrounding properties is not known, staff is recommending a condition of approval stating that the initial permit will be approved for six months and may be permitted for up to five years if the Housing & Redevelopment Director determines that the conditions of approval were met. In addition, staff recommends that the applicant pay the cost for construction and placement of new required signage since this has been a condition of approval of the permit in the past. 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 proposed use and approve Design Review Board Resolution No. 296 recommending Approval of Major Redevelopment Permit No. RP 94-05(A)x3 to add an additional day to the weekly Farmer’s Market, to be held on Saturday’s in the Village Redevelopment Area. EXH IBlTS A. Design Review Board Resolution No. 296 recommending approval of Major Redevelopment Permit No. RP94-05(a)x3 to add an additional day to the weekly Farmer’s Market, to be held on Saturday’s in the Village Redevelopment Area. B. Housing and Redevelopment Commission Resolution No. 387, Design Review Board Resolution No. 293, Design Review Board Resolution No. 269, Design Review Board Resolution No. 269, Housing and Redevelopment Commission Resolution No. 270, RP 94-05(A)x3 - CARLSBAD SATURDAY FARMER’S MARKET MARCH 28,2005 PAGE 5 Design Review Board Resolution No. 224, Design Review Board Resolution No. 223, Housing & Redevelopment Commission Resolution No. 258, and Design Review Board Resolution No. 215. C. Letter from the Carlsbad Village Business Associations dated October 26, 2004 requesting an amendment to RP 94-05 to add a weekly Saturday Farmer’s Market to be held in the Village Redevelopment Area. D. Location Map, Site Plan Exhibit 4 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:OO P.M. Date of Meeting: MARCH 28,2005 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER Chairperson Heineman called the Meeting to order at 6:Ol p.m. PLEDGE OF ALLEGIANCE Chairperson Heineman asked Board Member Marquez to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Heineman proceeded with the roll call of Board Members. Present: Board Members: Tony Lawson Sarah Marquez Chairperson: Courtney Heineman Absent: Julie Baker Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Assistant Engineer: David Rick Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board was unable to approve the minutes. The minutes could only be voted on by two members of the Board, as Board Member Marquez was not present at the February 28, 2005, meeting. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Chairperson Heineman asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the item on the agenda tonight. Ms. Fountain said the first item is a redevelopment permit amendment to address a request from the Carlsbad Village Business Association for the Village Farmer’s Market to be extended to a Saturday event. Cliff Jones, our Assistant Planner in the Housing and Redevelopment Department, will make the presentation tonight. Mr. Cliff Jones said the applicant, Carlsbad Village Business Association, is requesting an amendment to the existing major redevelopment permit for an additional day to the weekly Farmer’s Market proposed to be held on Saturdays in the same parking lot the Wednesday’s Farmer’s Market is currently held. Because the proposal includes an addition to the days and hours of the operation of the market, final DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 2 of 12 approval of the amendment must be granted by the Housing and Redevelopment Commission. In accordance with redevelopment permit procedures, the major redevelopment permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The proposed Saturday Farmer’s Market will be held 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 Village Redevelopment Area. The Farmer’s Market was originally established on September 27, 1994. The Carlsbad Village Business Association, as official sponsor of the event, has aided in operations of the event since that time. With the help of the current Farmer’s Market manager, Cynthia Bueker. The current Wednesday Farmer’s Market is not due to expire until September of 2009. The Farmer’s Market currently takes place every Wednesday afternoon from 2 p.m. to 6 p.m. from the second Wednesday in September through the second to last Wednesday in June. During the summer season, from 2 p.m. to 8 p.m. from the last Wednesday in June through the first Wednesday in September. The maximum number of booths for the Farmer’s Market is 33 spaces. Product sales are 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 or she grew, raised, collected or caught the product. Of the 33 spaces, a maximum 4 non-produce, non-certified product sales booths can be provided for such items as locally made fresh bread, pastries and/or pastas, and these booths are limited to pre-made local goods to be consumed offsite. Two of the 33 spaces can be arts and crafts booths, and for educational purposes, the CVBA operates one booth on a rotational basis free of charge to individuals and organizations that would provide educational materials on issues such as soil conservation, recycling, composting, organic farming, and sustainable agricultural business endeavors. Finally, the CVBA also provides one informational booth for local village business to promote and advertise their businesses. The CVBA, as official sponsor of the event, wishes to amend their existing major redevelopment permit to allow an additional day for Farmer’s Market to be held on Saturdays from 8 a.m. to 11 a.m. in the same public parking lot that the current Wednesday’s Farmer’s Market is held. The public parking lot would, therefore, need to be reserved an hour prior to and after the event from 7 a.m. to 12 p.m. in order to set up for the event and for cleaning up after the event. The configuration and operations of the proposed Saturday Farmer’s Market will not change as part of the amendment. The same number and types of booths will remain. The same parking lot and boundaries will be utilized. The same Farmer’s Market manager, Cynthia Bueker, will continue to operate the Farmer’s Market and the placement of signs will remain in the same place. As part of this amendment, new signage reflecting the new day and hours of the proposed Saturday Farmer’s Market will need to be installed. A slide was shown to indicate the proposed language for the parking lot signage. Staff supports the proposed language to be placed on the sign indicating that parking is prohibited on Wednesdays from 1 p.m. to 6 p.m. and on Saturdays from 7 a.m. to noon. These hours help to assure the Farmer’s Market manager will be able to set up prior to the event and clean up after the event. The Police Department has reviewed the proposed language for the parking lot signage and has determined that the proposed language is appropriate. The CVBA has been responsible as a condition of approval for the existing permit to pay for the cost of the construction and the placement of new signage as needed. The CVBA has agreed to pay for the cost of the construction and installation of that new signage. The Village Farmer’s Market appears to have been well received by local merchants, residents and visitors alike. The popular weekly event continues to attract many people to the village every Wednesday afternoon 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, it DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 3 of 12 enhances the overall village character. Through the passage of the proposed amendment, the Saturday Farmer’s Market will offer an additional opportunity for residents and visitors alike to experience the unique shopping opportunity afforded through the Farmer’s Market. In particular, the Saturday Farmer’s Market will allow working residents and visitors of Carlsbad an opportunity to shop outside of normal working business hours, generate more shopping activity and livelihood within the village. In conclusion, staff is recommending approval of the project with the following conditions: 0 First the initial approval will be granted for a six month period and can be extended up to five years if the Housing and Redevelopment Director determines that those conditions have been met and the project has no detrimental affect on surrounding properties. Subsequent time extensions, up to five years, will be subject to the Design Review Board approval. Finally, the CVBA is to pay for the cost of the new construction and placement of the signage as it has been a condition of approval in the past. 0 0 Mr. Jones thanked the members of the Board. Chairperson Heineman asked if the Board had any questions. Board Member Marquez asked if we have any kind of parking studies related to that parking lot utilization during Saturdays? I know we do have a parking lot in-lieu fee and some developers have bought into that parking lot. I was wondering what kind of legalization this would entail. Ms. Fountain said the City does surveys twice a year in February and in August on all of our public parking lots. I don’t have the figures in front of me, but the weekends are actually one of the lower utilization rates so I think the Saturday won’t have as great an impact as the Wednesday’s Farmer’s Market does right now. When we do the parking in-lieu fee program, actually we don’t have any property owner buy into specific parking lots. They pay a fee that says they are going to be using public parking to help meet their needs, and those public parking spaces can be at any public parking lot in the village area. The two lots on Roosevelt Street are probably the least utilized on weekends. The closer ones still tend to be on State Street and in those surrounding areas right there. Board Member Marquez asked about signage. The signage they are proposing does not reflect the summer hours, which I believe were extended till 8 in the evening during the summer time. It looked like it was only till 6 p.m. for the Wednesday’s market. Mr. Jones said that is true, and that was a request of the applicant. I believe the intent was the booth would still be set up at that time so people would not be able to park there. Board Member Marquez agreed, but won’t the booths still be there at 8 in the evening? So wouldn’t we want to modify those signs to reflect that? Mr. Jones said that is something we can do. Board Member Marquez said those are her only questions. Board Member Lawson asked Mr. Jones to clarify with respect to any conflicts for any of the special grandfathered events. If you could offer some clarification of that. Mr. Jones said condition number 11 of the Design Review Board agenda requires that major special event applicants that have utilized the public parking lot in the past prior to the adoption date of the resolution when it does get adopted will have a vested right to use that parking lot. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 4 of 12 Board Member Lawson said it was his understanding when the Carlsbad 5000 happens, all those farmers will be properly notified to not plan on working that day. Mr. Jones said correct. Board Member Lawson stated that he saw the applicant submitted their request back in October. Is this a typical amount of time that is needed? It seems like a simple request, though I know there is a lot more to it behind the scenes that you have to do. Mr. Jones answered that it did take some time for our Police Department and staff to review the proposed signage. That was one thing that we had to pull the appropriate sections of the law, and that did take some time. Typically, with a major redevelopment permit application, it does take some time to prepare the staff report and resolution. Chairperson Heineman asked if the Board can assume, in view of the question about the closing time, that it is 8 p.m. now on Wednesdays? Is it 1 to 8, rather then 1 to 6? Ms. Fountain said the later hours are only in the summer. It is not year around. We will need to correct it and state the summer hours, maybe temporary signage. Chairperson Heineman asked if this approval would be conditioned on the production of the signage, which would take into account the changes. Ms. Fountain said yes it would properly state for the summer as well. Chairperson Heineman asked if that would be appropriate? Ms. Fountain answered yes. Board Member Lawson noticed the existing signage is noon to 7 and then the proposed is 1 to 6. What should it be? Noon to 7 still? Or is that something we should just assume you will get cleared up, and I don’t want to make a big issue out of it. Chairperson Heineman said he thinks the Board will have to depend on staff going over all of the signage, because it does appear that we have some problems. Ms. Fountain said when the Farmer’s Market has been 2 to 5 and in the summer hours it is extended. The setup is really the issue. Whether they set up at noon or they set up at 1, and we don’t want it too early because the farmers get there early anyway, they just start setting up a little bit earlier. We will double check to see when we actually need to have it closed, which is usually about an hour before the event starts. Chairperson Heineman commented that the Design Review Board can assume the signage will be changed to conform to the correct hours. Ms. Fountain said correct. Staff will make sure those are the current and correct hours. Chairperson Heineman asked if there is an applicant available to make a presentation? Ms. Fountain said only if you have questions. Chairperson Heineman wanted to point out to the applicant that the Design Review Board has only three members, a bare quorum, and is that satisfactory? Since we have no applicant, we will proceed. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 5 of 12 ACTION: Motion by Board Member Marquez, and duly seconded by Board Member Lawson, to adopt Design Review Board Resolution number 296, recommending approval of the major redevelopment permit, RP 94-05(A)X3, and add an additional day to the Farmer’s Market to be held on Saturday in the Village Redevelopment area, with appropriate signage. VOTE: 3-0-0 AYES: Heineman, Lawson and Marquez NOES: None ABSTAIN: None ABSENT: Baker Chairperson Heineman stated the next item will be presented now. Ms. Fountain said the next item is another major redevelopment permit. This is a request to allow construction of a new project on Pine Avenue. Cliff Jones, our Assistant Planner, will make the presentation. Mr. Jones said the applicant, Frank Helmuth, is requesting a major redevelopment permit for the construction of a 7,128 square foot, two-story, four unit condominium located at 507 Pine in Land Use District 5 of the Carlsbad Village Redevelopment Area. The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation that is greater than $1 50,000. In accordance with the redevelopment permit procedures, the major redevelopment permit is being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject property is located at the corners of Pine Avenue and Roosevelt Street and Pine Avenue and Tyler Street. The subject property is currently vacant totaling 11,781 square feet with building frontage along Pine Avenue, Roosevelt Street and Tyler Street. According to city records, the last known use for this site was a multi-family apartment complex, which was demolished in 1990. The subject property was sold to a new owner who applied for a redevelopment permit in 1995 to construct a mixed use project containing residential and retail uses. The project was not constructed due to financial reasons. To this date, the lot has remained vacant. The property is bordered by two single-family residential units to the south. To the east of the proposed project are residential uses across Roosevelt Street. The property to the north contains a commercial use, and the properties to the west of the proposed project, across Tyler Street, are the Carlsbad Village Storage and an auto repair store. As mentioned previously, the application is for a proposed two-story, four unit condominium project, totaling 7,128 square feet. Access to the residences is to be provided off of Tyler Street. The Village Master Plan and Design Manual includes the regulations governing development within the village. The proposed project is within Land Use District 5 of the Village Redevelopment Area. Multi-family residences are classified as provisional uses within Land Use District 5. Considerations that must be addressed to assess the appropriateness of this particular provisional use are: 0 0 The multi-family residential use is appropriate to the site and adjacent to development. The site is adequate in size and shape to accommodate on-site parking without adversely affecting the visual environment of the Village. Staff concludes the proposed project complies with both of these considerations. First the multi-family use is consistent with many of the surrounding adjacent residential uses. Second, the site is adequate in DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 6 of 12 shape and size for the proposed multi-family use, and has parking that is visually subordinate with the garages at the rear of the residents, and will therefore, not affect the visual environment of the Village. Staff believes the proposed resident's units and garages assist in satisfying the goals and objectives set forth for Land Use District 5 through the following actions: It provides a desireable use. It serves as a catalyst for future development. It provides development of a vacant lot. It is compatible with the surrounding residential area. It increases the number of quality and diversity of housing types. The proposed project meets all of the required development standards outlined within the Village Master Plan excluding setbacks, which I will address shortly. The project provides for an abundance of open space and landscaping through reduced building coverage. The building height of the project is in compliance with the established standard set just below the permitted maximum height. Adequate parking is provided through the use of two-car garages and two guest spaces. In Land Use District 5, the front yard setback is five to twenty feet. The side and rear yard setback are both five to ten feet. The proposed project falls within the required setback ranges, except for the rear and side yard setbacks. The Design Review Board will be required to make appropriate findings to grant variances for the rear and side yard setbacks to exceed the maximum range of ten feet. Staff offers the following justification for variance finding number 1 : The proposed project provides an increased setback on the rear of the proposed building of 27 feet. This necessary to provide parking access that is visually subordinate as specified within the Village Design Manual and that meets the required driveway width of 24 feet. The additional three feet will be devoted to landscaping to help buffer the edge of the property. Providing increased side yard setbacks of 12 feet along Roosevelt Street and 24.5 feet along Tyler Street is necessary to make the project consistent with the existing and proposed development along these streets. Both side yard setbacks of the subject property affectively function as front yard setbacks. Due to the fact that both side yards have building frontage along residential streets. By allowing the east side yard setback to be set within the range for a front yard setback, between five and twenty feet, the proposed project will be consistent with existing and future developments along Roosevelt Street. Tyler Street has been designated as an alternative design street where sidewalk and street improvements are no longer necessary as of the year 2000. The street and sidewalk improvements in the amount of five feet were required along Tyler Street as they had been in the past. The west side yard setback would be 19.5 feet; the 24.5 feet, and subtract the 5 feet. This is within the range for a front yard setback of five to twenty feet. Therefore, considering the west side yard setback is a front yard setback for the proposed project will be consistent with existing and future developments along Tyler Street. The increased setbacks are similar to what is enjoyed by many properties with building frontage along Roosevelt and Tyler Street. In addition, the increased setbacks provide ample space for the required recreational space to be placed within the side yard setbacks. Staff offers the following justification for Variance Finding number 2: The unique condition associated with the subject project is that it has building frontage on three sides; Roosevelt Street, Pine Avenue, and Tyler Street. Each frontage effectively functions as a front yard setback. By allowing the proposed setbacks, the subject property will more closely match the setbacks of the surrounding residential properties. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 7 of 12 Staff offers the following justification for variance finding number 3: 0 The increased setback on the rear of the property will not have a detrimental impact on neighboring properties because it allows for additional space for landscape buffering and allows the required parking to be located at the rear of the residents. In addition, the increased side yard setbacks of 12 feet along Roosevelt Street and 24 % feet along Tyler Street will not have a detrimental impact on neighboring properties because it is consistent with the front yard setbacks enjoyed by adjacent properties and properties in the immediate vicinity. The increased setbacks provide for greater landscaping opportunities and recreational space for the new residents, which staff believes will have a positive affect on nearby residents and not a negative one. 0 0 Staff offers the following justification for variance finding number 4: 0 The standards established in the Village Master Plan and Design Manual were identified to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. The placement of the building is setback similar to the surrounding properties, maximizing outdoor recreation opportunities for the subject property and providing increased landscape buffering, which is consistent with the Village Master Plan and Design Manual’s goal of establishing Carlsbad Village as a quality living environment. 0 These necessary findings for the request of variance have been included in the attached Design Review Board Resolution. In addition to the development standards set forth in the Village Master Plan, the plan development ordinance provides development standards for recreational space, lighting, utilities, recreational vehicle storage, tenant storage space and antennaes. The project was found to comply with each of the development standards and design criteria of the plan development ordinance. The proposed project is also consistent with the design principals outlined in the Village Design Manual. The project provides for an overall informal character in design. The proposed development is small in scale. The project incorporates several design features to achieve the desired village character, which include various sized windows, decorative trim, recesses, multiple roof elements with four and twelve roof pitch, rod iron fencing and decor, and varied stucco colors. The project also provides for an abundance of open space and landscaping along all sides of the residence. Parking is also visually subordinate and contained within the two-car garages at the rear of the property. The Housing and Redevelopment Department has conducted an environmental review of the project pursuant to the guidelines for implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of the said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State Sequa Guidelines as an infill development project. The necessary findings for this environmental determination is included in the attached Design Review Board Resolution. The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. 0 The redevelopment of what was previously an underutilized vacant lot will result in increased property taxes and thus an increase in property tax will further result in an increased increment to the Redevelopment Agency. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 8 of 12 0 It is anticipated the new project will serve as a catalyst for other improvements in the area; either new development or rehabilitation of existing buildings through the elimination of a blighted vacant lot and the construction of a quality multi-family residential project. In conclusion, staff is recommending approval of the project with findings for variances for the rear and side yard setbacks to exceed the standard range. Development of the site will have a positive financial impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. Board Member Lawson said Mr. Jones talked about the setback and there are some private areas along the sides. Within that area, is there a height limit for fences or wall, especially along the Roosevelt edge because that is up against the sidewalk? Mr. Jones answered yes. It is 42 inches. Board Member Lawson asked if that was within the proposed plan? Mr. Jones said yes. Board Member Lawson asked about the slide Mr. Jones showed on the elevation. Is that Roosevelt or on Tyler Street? Chairperson Heineman said it would have to be Tyler Street. Mr. Jones said yes, that is Tyler Street. Board Member Lawson said he wanted to clarify that because it is showing vegetation in front of that patio area. On Roosevelt Street, that wall being right up against the back of the sidewalk, was there any consideration for trying to create a buffer so that wall isn’t right against the sidewalk? Those tend to be vulnerable for vandalism. Mr. Jones said he believes there is a minimal amount of landscaping along that right area. Board Member Lawson commented he couldn’t tell based upon the site plan. It looks like the columns are right up against it and equally the wall. That is just an area of concern I would have. I would like it if we could address that. Secondly, I am trying to understand how these outdoor patios are to be utilized. In sheet number 2 it shows the two internal patios, the two in between, you can’t see the walls and how they are actually utilized to get into those areas. I am wondering if the southern one is land locked and trapped? Does that create any kind of code problem from that standpoint? Because they can’t get out through the garage based upon the walls, or there appears to be some kind of wall there. Mr. Jones said during the review of the project, the Building Department did not mention that there were any codes being violated where that recreational patio space is proposed. We can double check. Board Member Lawson said he would just like to make sure of that. The northern one, which is the one that is open to the north side, my concern would be that appears to be patio for unit B, but it has windows right into the living room of Unit C, and I would just want to be sure that is still a viable space for someone to have as their private area. Typically when you have a zero lot line type of outdoor use area, you don’t have windows there. You would have a solid wall, and I would be concerned about that. If that could be looked into to verify, that would be good. I don’t typically see that when I look at other plans. Mr. Jones said we can look into that. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 9 of 12 Board Member Marquez asked Mr. Jones to refer to Page 1 of the document. It says we are requesting a minor redevelopment permit to allow construction of a 4,371 square foot building. Chairperson Heineman said that is the lot coverage. Mr. Jones agreed that was the lot coverage. Board Member Marquez continued that she felt staff was saying they want the variance because they are considering Pine and Roosevelt Street and Tyler Street major frontage streets. What are City standards concerning parking in your front yard setback. I always thought you couldn’t have parking in your front yard setback. Mr. Jones said the parking is within the two car garages. Board Member Marquez said she was talking about the guest parking. Chairperson Heineman said that is in the rear. Board Member Marquez said it is accessed from the rear but it uses the front yard setbacks. I thought there was a City standard concerning parking in your front yard setback. Mr. Jones commented there is a setback of 14 feet. Board Member Marquez said right. There is a setback of 12 feet on Roosevelt and there is the setback, once we put in the sidewalk, of 19 feet 5 inches, but they have parking spaces in both of those front yards. In one, we are calling it a front yard rather then a side yard. On the other hand, it‘s really a side yard. So the variance I don’t think should be utilized then. Chairperson Heineman asked Mr. Jones which is the front yard and which is the rear yard? Mr. Jones answered the front yard is off of Pine Avenue. Chairperson Heineman said the parking is in the back is it not? Mr. Jones said yes it is in the rear of the residence. Chairperson Heineman said it is in the rear, and not in the front yard at all. Board Member Marquez said for variance purposes, they want us to allow them instead of between 5 and 10 foot setback to go 12 feet because they are calling it a front yard setback on Roosevelt. Then on Tyler Street, they are also calling that a front yard setback. On one hand, we are calling it a front yard, and then on the other hand when we try to apply our parking standards and our conditions for homes, we are saying it is really a side yard. You can park in a side yard, but you can’t park in a front yard setback. Assistant City Attorney Jane Mobaldi, said she is correct that normally the City standard doesn’t allow parking in the front yard setback. I think Mr. Jones meant to say it was a front yard setback, but for purposes of the variance, he is making an analogy saying it is a unique property because it has frontage to the three streets on three sides. In essence, there is only one front yard setback on this project and it is on Pine. Board Member Marquez commented that is right, but we are being asked to give them a variance. Part of the justification for that variance is this is a unique property and we want to apply the front yard setback rule to it because they are main streets. My second question concerned the two covered guest parking spaces in the center of the project. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 10 of 12 Chairperson Heineman said there is one parking space on Tyler and one in the rear. Board Member Marquez commented that it looked like the one space is covered so there will probably be some considerations from the Fire Department on that being covered as opposed to being open to the air. Mr. Jones said the project was reviewed by the Fire Department, and that wasn't an issue of concern they brought up, but I can bring it up to them again. Chairperson Heineman asked if the suggestions met Board Member Marquez's approval as far as her objections? Board Member Marquez said she was concerned we are bending the rules for this as far as when they apply for a variance, what we call a front yard setback and side yard setback. Now that Assistant City Attorney Mobaldi has told me no, the front yard setback is in the front, I will go with that. Chairperson Heineman asked Ms. Mobaldi if she feels the setback approvals are fine. Ms. Mobaldi said yes, she thinks they are justifiable because I think Mr. Jones was making an analogy, and he was saying it is a unique property. It looks like you have three sides and you wouldn't ordinarily have that. I don't think he was actually saying they are front yard setbacks. They are similar to a situation where you have a front yard. That is where the confusion came in. Chairperson Heineman asked about something on the small drawing. It appears the patio on Roosevelt Street, which Mr. Lawson was concerned about, does indeed have a 42 inch wall around the edge, does it not? Mr. Jones answered the building wall can go up to 42 inches. Chairperson Heineman said then it will have a wall. What Mr. Lawson was concerned about was that it was right on the sidewalk, and there was nothing between the patio and the sidewalk. Is that indeed the case? It looks to me from the drawing, there is actually a wall there. Frank Helmuth is the applicant and lives at 12902 Via DelToro in Poway, California. He explained the dotted line indicates the east side of the sidewalk. There is about a 2 and % foot side area. There will be a wall put in there. Chairperson Heineman asked if a wall will be in there? Mr. Helmuth said the wall is in there. Chairperson Heineman commented there is a wall in there. That is what I thought from the drawing I could see. Mr. Helmuth said it doesn't run right up to the sidewalk. We left about 2 and %feet of planting area. Chairperson Heineman commented that is plus the wall on the patio. Mr. Helmuth said yes. Board Member Lawson said he was just trying to get clarification because the drawing itself does not indicate any kind of a setback. Chairperson Heineman said it is on the little drawing but not on the big drawing. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 11 of 12 Mr. Helmuth said while we are talking about setbacks, on the other side on Tyler Street, there are two of the parking spaces. Chairperson Heineman asked Mr. Helmuth if the dotted line was the edge of the sidewalk. That would answer the question right there. The applicant was asked if he wanted to make a presentation. Mr. Helmuth said he would just like to respond to questions. Board Member Marquez asked about the trash pickup. Will that be accessed off the curb on Pine Avenue? I’d like to know how your residents or your occupants will access trash service from the City. Will they just be putting their cans out on the curb? Mr. Helmuth said yes on the curb. Board Member Lawson said he raised a question about the two internal patios. The issue of the one unit’s windows facing directly into that, do you see that as a potential conflict or not? Mr. Helmuth asked if the Board had a full size floor plan? Board Member Lawson said yes, he is looking at it. Mr. Helmuth said the windows are on one side. Chairperson Heineman asked if the windows are high windows on one side. Mr. Helmuth answered yes. Board Member Lawson said that is to face in towards the patio that is not his patio. Chairperson Heineman said the windows are above eye level. Mr. Helmuth said they are 9 foot ceilings. This way we get ventilation and light. Board Member Lawson commented that he was concerned about the legitimacy of having some private outdoor space with being right up against somebody’s living room. He asked what the height of the wall is that separates those two patios? Mr. Helmuth said 6 foot. Board Member Lawson said they have a lower 42 inch similar to the other’s. Mr. Helmuth said it is actually a fence. DESIGN REVIEW BOARD MINUTES MARCH 28,2005 PAGE 12 of 12 ACTION: Motion by Board Member Lawson, and duly seconded by Board Member Marquez, to adopt Design Review Board Resolution number 297, recommending approval of RP 04-1 7 to the Housing and Redevelopment Commission based on findings and subject to the conditions contained therein. VOTE: AYES: NOES: ABSTAI N : ABSENT: 3-0-0 Heineman, Lawson and Marquez None None Baker DIRECTOR’S REPORT The Director wanted to remind the Board the next meeting is on April 18, 2005, at the Senior Center. Because we had to move the date from our normal meeting date, the Council Chambers were not available so it will be at the Senior Center in the Cafeteria. ADJOURNMENT By proper motion, the Regular Meeting of March 28,2005, was adjourned at 7:OO p.m. Respectfully submitted. Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT1 Minutes Clerk May 1 1,2005 TO: Clerk of the Housing Commission FROM: City Attorney SATURDAY FARMERS MARKET RP 95-05(A)X3 Attached to this memorandum, please find the resolution that has been revised in accordance with the Commission’s actions at its meeting of Tuesday, May 10, 2005. If it meets with your approval, please present it to the Chairman for his signature and file it according to your usual and normal procedures. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL Counsel rmh attachment c: Housing and Redevelopment Director (with attachment) PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I ani a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 30th, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN NIARCOS California This 02"d Day of May, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of i CARLSBAD HOUSING & REDEVELOPMENT COMMISSION NCT 1790863 April 30,2005 1 NOTICE OF PUBLIC HEARING - RP 94-05lA) X3 CARLSBAD SATURDAY FARMERS MARKET NOTICE IS HEREBY GIVEN that a public hearing will be held by the Housing & Redevelopment Commission of the City of Carlsbad in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tuesday, May 10,2005, to consider a proposed Amendment to Major Redevelopment Permit No. RP 94-05(A) X2 to allow the Village Farmer's Market to be held every Saturday morning from 8:OO a.m. to 11:OO a.m., 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. Copies of the agenda bill will be available after May 6, 2005. If you have any questions regarding this matter, please call Cliff Jones, in the Carlsbad Housing and Redevelopment Department, at As a result of 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 15311 of the State CEQA Guidelines as placement of a minor structure accessory to an existing facility. The Commission will consider approval of the environmental determination during the public hearing. If you challenge the approval of the environmental determination or the request for approval of the Major Redevelopment Permit 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, City Clerk's Office, 1200 Carlsbad Village Dr., Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: April 30, 2005 CARLSBAD HOUSING 8 REDEVELOPMENT COMMISSION (760) 434-281 3. NOTICE OF PUBLIC HEARING CARLSBAD SATURDAY FARMERS MARKET - RP 94-05(A) X3 NOTICE IS HEREBY GIVEN that a public hearing will be held by the Housing 8, Redevelopment Commission of the City of Carlsbad in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tuesday, May 10, 2005, to consider a proposed Amendment to Major Redevelopment Permit No. RP 94-05(A) X2 to allow the Village Farmer's Market to be held every Saturday morning from 8:OO a.m. to 11:OO a.m., 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. Copies of the agenda bill will be available after May 6, 2005. If you have any questions regarding this matter, please call Cliff Jones, in the Carlsbad Housing and Redevelopment Department, at (760) 434-281 3. As a result of 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 15311 of the State CEQA Guidelines as placement of a minor structure accessory to an existing facility. The Commission will consider approval of the environmental determination during the public hearing. If you challenge the approval of the environmental determination or the request for approval of the Major Redevelopment Permit 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, City Clerk's Office, 1200 Carlsbad Village Dr., Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: April 30, 2005 CARLSBAD HOUSING & REDEVELOPMENT COMMISSION SI Village Farmer’s Market Jam Free Printing Use livery@' TEMPLATE 5160@ - Www.avery.coiri - 1-800-GO-AVERY AHRONEE 4440 CATHER AVE SAN DIEGO CA 92122 DOUGLAS M AVIS 550 LAGUNA DR #B CARLSBAD CA 92008 ACUNA 91 MARYNARD AVE NEWBURY PARK CA 91320 NANCY L BOYER 602 S PACIFIC ST OCEANSIDE CA 92054 SHERYL F BULLOCK 24012 CALLE DE LA PLATA #3 LAGUNA HILLS, CA 92653 CATHERINE J CLARKE 824 CAMINITO DEL REP0 CARLSBAD CA 92009 DONALD & LJ DEWHURST 3425 SEACREST DR CARLSBAD CA 92008 DUNHAM 4028 PARK DR CARLSBAD CA 92008 DEWHURST 3425 SEACREST DR CARLSBAD CA 92008 MOJTABA & VAKIL1 AZITA ESFAHANI 1952 CREST DR ENCINITAS CA 92024 OPHELIA G GARCIA 2960 STATE ST CARLSBAD CA 92008 ABEL C GARCIA 1502 ROLLING HILLS DR OCEANSIDE CA 92056 JOHN & BARBARA GOMBAR 775 MARSOPA DR VISTA CA 9206: VERMILYEA GSD 11620 KISMET RD SANDIEGO CA 92128 GOL,L 18 GETTYSBURG IRVINE CA 92620 MARVIN S HUMPHREYS 140 ACACIA AVE CARLSBAD CA 92008 HARY & ALICE GUZELLIMIAN PO BOX 206 SOLANA BEACH CA 92075 MARITAL HOWARD-JONES 2785 ROOSEVELT ST CARLSBAD CA 92008 HYLEN 5 146 CHELTERHAh4 TER SANDIEGO CA 92130 WILLIAM K JESSEE 2075 CORTE DEL NOGAL #S CARLSBAD CA 92009 CLARK R & SHELLY I KNAPP 215 W PALM ST SAN DIEGO CA 92103 IRIS P KORNBERG 509 N MAPLE DR BEVERLY HILLS CA 902 10 LEOR & OPHIRA LAKRITZ PO BOX 1029 TUSTIN CA 92'781 PROPS LP MACDONALD 2898 STATE ST CARLSBAD CA 92008 MICHAEL K MURPHY 400 N LA COSTA DR CARLSBAD CA 92009 MCCOMAS 1265 CYNTHIA LN CARLSBAD CA 92008 MARGUERITE MONTALBANO 750 B ST #1500 SAN DIEGO CA 92101 LEO & DIANNA J PACHECO 2 100 CHESTNUT AVE CARLSBAD CA 92008 OAKLEY G & JOHNELLE PARKER 560 HIGHLAND DR DANVILLE CA 94526 PARKER 3215 MAEZEL LN CARLSBAD CA 92008 Jam Free. Printing Use Averye TEMPLATE 5160@ - www.awry.com - 1 -800-GO-AVERY JERRY PETERS PO BOX 1091 CARDIFF CA 92007 JACK D PHILLIPS 2667 OCEAN ST CARLSBAD CA 92008 PAUL & TEN J RAPPAPORT 2963 MADISON ST CARLSBAD CA 92008 PETER A & GEORGETTE ROCK 2421 S EL CAMINO REAL SAN CLEMENTE CA 92672 BILL F RYBURN 2019 ESTER0 ST OCEANSIDE CA 92054 GENE S & MARGARET A RAY 2959 JEFFERSON ST CARLSBAD CA 92008 SCANLON 7306 BORLA PL CAKLSBAD CA 92009 AMINAT & MAHACHEV GADJI 786 GRAND AVE CARLSBAD CA 92008 SIMS 2820 WILSON ST CARLSBAD CA 92008 STEVEN M & C RENEE TAGUE 280 1 JEFFERSON ST CAKLSBAD CA 92008 SARA C TERAN 305 DATE AVE CARLSBAD CA 92008 CHIN LUNG & W 0 TSAI 2958 MADISON ST CARLSBAD CA 92008 TUPPER 2785 JEFFERSON ST CARLSBAD CA 92008 CORNER LLC VILLAGE 2998 STATE ST CARLSBAD CA 92008 TUCKER 2810 MADISON ST CAKLSBAD CA 92008 CLIFFORD D WARD JR 945 S ORANGE GROVE BLVD PASADENA CA 91 105 GEORGE R & JACKYE E WILLIS 2050 LAURIE CIR CARLSBAD CA 92008 WALKER-GILBERT 4350 HIGHLAND DR CARLSBAD CA 92008 STUART C & MARILYN WILSON 4920 COLLINGWOOD DR SAN DIEGO CA 92109 DAVID R ZULICK 2010 BASSWOOD AVE CARLSBAD CA 92008 JEANENE ENTERPRISES INC PO BOX 2258 CARLSBAD CA 92018 DEWHURST 3425 SEACREST DR CARLSBAD CA 92008 BIERI A VIS VI LTD 550 LAGUNA DR #B CARLSBAD CA 92008 ROOSEVELT TAM INVEST 6 VENTURE #2 15 IRVINE CA 92618 MISSION SQUARE SHOP CNTR 169 1 CAMINITO ALIVIADO LA JOLLA CA 92037 ROOSEVELT LTD CA 7040 AVENIDA ENCINAS #lo4 CARLSBAD CA 92009 GUNTER PO BOX 749 SANPEDRO CA 90733 ALL AMERICAN ENG & TU 721 MCGAVRAN DR VISTA CA 92081 BUTLER PROPERTIES LLC 3285 CORPORATE VW VISTA CA 920081 PACKARD BUILD PART 725 GRAND AVE CARLSBAD CA 92008 % Jam Free Prlntin Use Avev TEM LATE 5160@ MCMILLIIN REAL ESTATE 2727 HOOVER AVE NATIONAL CITY CA 9 1950 GORDON 6741 MALLEE ST CARLSBAD CA 92009 BANK OF AMERICA NT&SA 750 B ST #1500 SAN DIEGO CA 92101 EHS ENTERPRISES LLC 5553 TRINITY WAY SAN DIEGO CA 92120 - www.avery.com 1 -800-GO-AVERY - BANK OF COMMERCE 1381 E VISTA WAY VISTA CA 92084 GREAT WESTERN BANK PO BOX 7788 NEWPORT BEACH CA 92658 CARLSBAD VILL PART LL 872 CHELSEA LN ENCINITAS CA 92024 KFC NATIONAL MNG CO PO BOX 35370 LOUISVILLE KY 40232 CARLSBAD GRAND LLC 701 B ST SAN DIEGO CA 92101 SECURITY PACIFIC BANK 300 LAKESIDE DR OAKLAND CA 94612 CNTY HEALTH PROJECT M 150 VALPREDA RD SAN MARCOS CA 992069 Saturday Farmer’s MarketHousing & Redevelopment CommissionMay 10, 2005 SITE Existing Wednesday Farmer’s Market•Established in 1994•Operated by the CVBA•Operations:–Non-Summer; Wednesday 2-6pm (2ndWed. in Sept. –last Wed. in June). Setup 1pm & Clean Up by 8pm –Summer; Wednesday 2-8pm (last Wed. in June –1stWed. in Sept.). Setup 1pm Clean Up by 9pm•Current Permit Expires in September 2009 Requested Saturday Farmer’s Market•Day & Time: Saturday’s from 8am to 11 am. Setup 7am & Clean Up by 12 Noon.•Configuration & Operations of Farmers Market will not change.–Same # and type of booths–Same parking lot and boundaries•New signage reflecting new day & hours proposed. Farmer’s Market•Maximum No. of Booths -33–4 Non Produce Booths–2 Arts & Crafts Booths–1 Educational Booth–1 Promotional Booth for Village Businesses Village Farmer’s Market•Well received by local merchant’s, residents, and visitors of Carlsbad.•Provides unique shopping opportunity not afforded elsewhere in the City.•Encourages greater pedestrian activity.•Day & Time accommodates working persons. Staff Recommendation•Recommending approval of project with the following conditions:–Initial approval for 6 months. •Extended for up to 5 years if H&R Director determines that conditions have been met and the project has no detrimental effect on surrounding properties. •Subsequent time extensions (of 5 years) will be subject to DRB approval.–CVBA pay for the cost of new signage construction and placement–Major Special Events that have utilized parking lot in the past will have a vested right to utilize the lot.