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HomeMy WebLinkAbout2006-09-19; Housing & Redevelopment Commission; 389; Village Farmer's Market Major RP AmendmentHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL 1 389 9/19/06 H/RED VILLAGE FARMER'S MARKET MAJOR REDEVELOPMENT PERMIT AMENDMENT (RP 94-05{A)x4) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 427. APPROVING a Major Redevelopment Permit Amendment (RP 94-05(A)x4) to amend the hours of the Wednesday Farmer's Market, and to eliminate the extended summer hours on Wednesday, and allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors during the Wednesday and Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area as recommended by the Design Review Board. ITEM EXPLANATION: On July 24, 2006, the Design Review Board (DRB) conducted a public hearing to consider a request to amend the hours of the Wednesday Farmers Market, and to eliminate the extended summer hours on Wednesday, and to allow six (6) open cooking vendors and two (2) additional non-produce vendors for both the Wednesday and Saturday Farmer's Market which occurs in the public parking lot located mid- block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area. 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 2:00 p.m. to 6:00 p.m. from the second Wednesday in September through the second to last Wednesday in June, and during the summer season from 2:00 p.m. to 8:00 p.m. from the last Wednesday in June through the first Wednesday in September. The Farmer's Market has been held every Wednesday from 2:00 p.m. to 6:00 p.m. in the mid-block public parking lot on Roosevelt Street for over 10 years. The Farmer's Market also takes place on Saturday mornings from 8:00 a.m. to 1:00 p.m. and has been operating on Saturday's since June of 2005. The CVBA is requesting to amend their major redevelopment permit to allow for operation/opening of the Wednesday Farmer's Market to occur one hour earlier and close an hour earlier from 1:00 p.m. to 5:00 p.m. (The existing later summer operational hours, until 8:00 p.m. from the last Wednesday in June through the first Wednesday in September, are proposed to be eliminated.) In order to accommodate the earlier market opening time the subject public parking lot will be reserved an hour prior to and after the event, from 12:00 noon to 6:00 p.m., for set up and clean up. FOR CITY CLERKS USE ONLY. . COMMISSION ACTION: APPROVED B DENIED O CONTINUED O WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES O Page 2 The CVBA also requests to modify general operations of the Farmer's Market allowing two (2) additional non-produce product sales vendors (creating six (6) non-produce vendors in total) and requests to allow open cooking for all six (6) non-produce product vendors. The proposed amendment does not increase the total number of vendor booths. The maximum number of booths will remain at thirty-three (33) total spaces. With the requested amendment to the subject, the Village Farmer's Market will consist of the following: • Thirty-three (33) spaces total; • Maximum of six (6) non-produce product sales booths (an increase from the four (4) booths currently permitted) will be provided in which vendors are permitted to have open cooking; • Two (2) of the thirty-three (33) spaces will remain as arts and crafts booths; • One (1) education booth provided on a rotational basis, free of charge, to individuals and/or organizations that provide educational materials on issues such as soil conservation, recycling, composting, organic farming and sustainable agriculture-business endeavors; and, • One (1) informational booth for local Village businesses to promote and advertise their businesses (no sales). The CVBA's Christy Johnson, the current Farmer's Market Manager, will continue to manage both Farmer's Market events and monitor compliance with existing and proposed conditions. At the public hearing, the Design Review Board members voted 3-1-0 (Schumacher votes no & Baker was absent) to recommend approval of the project as proposed. The approving resolution along with the Design Review Board staff report, and the draft minutes of the July 24th meeting are attached for the Commission's review. 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. ENVIRONMENTAL IMPACT: 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 15311 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. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 427. APPROVING RP94-05(A)x4 2. Design Review Board Resolution No. 312, dated July 24, 2006 3. Design Review Board Staff Report, dated July 24, 2006 with attachments 4. Draft Design Review Board Minutes, dated July 24, 2006 DEPARTMENT CONTACT: Cliff Jones 760-434-2813 ciones@ci.carlsbad.ca.us 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 427 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR REDEVELOPMENT PERMIT AMENDMENT 4 (RP 94-05(A)X4) TO ALLOW FOR THE VILLAGE FARMER'S MARKET TO AMEND THE HOURS OF THE WEDNESDAY 5 FARMER'S MARKET, AND TO ELIMINATE THE EXTENDED SUMMER HOURS ON WEDNESDAY, AND ALLOW A MAXIMUM OF 6 SIX (6) OPEN COOKING VENDORS AND TWO (2) ADDITIONAL NON-PRODUCE VENDORS DURING THE WEDNESDAY AND 7 SATURDAY FARMER'S MARKET HELD IN THE VILLAGE REDEVELOPMENT AREA. 8 APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION CASE NO: RP 94-05(A)X4 WHEREAS, on July 24, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit Amendment (RP 94-05(A)X4) to amend the 12 hours of the Wednesday Farmer's Market, and to eliminate the extended summer hours on Wednesday, 13 and allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors 14 during the Wednesday and Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue, and adopted Design Review Board Resolution No. 312 recommending to the Housing and Redevelopment Commission that the amendment to Major Redevelopment Permit RP 94-05(A)X3 be approved with 18 conditions; and 19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of 20 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons 21 interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X3; and 22 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 15311 of the State CEQA 27 Guidelines, as placement of a minor structure accessory to an existing facility, and will not have any 28 adverse significant impact on the environment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California as follows: 3 1. That the foregoing recitations are true and correct. 4 2. That Major Redevelopment Permit RP 94-05(A)X4 is APPROVED and that the findings 5 and conditions of the Design Review Board contained in Resolution No. 312, on file in the City Clerk's 6 Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission.8 _ 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, , f> analyzed and considered the environmental determination for this project and any comments thereon. 11 The Housing and Redevelopment Commission finds that: 12 (a) The project is consistent with the applicable general plan designation and all 13 applicable general plan policies as well as with applicable zoning designation and regulations; 14 (b) The proposed development is the placement of a minor structure accessory to an 1 5 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; 17 (d) Approval of the project would not result in any significant effects relating to traffic, 18 noise, air quality, or water quality; and 19 (e) The site can be adequately served by all required utilities and public services. 20 The Housing and Redevelopment Commission finds that the environmental determination 21 reflects the independent judgment of the Housing and Redevelopment Commission of the City of 22 Carlsbad. 23 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment jr Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 9g Review" shall apply: 27 NOTICE TO APPLICANT: 28 HRC RESO NO. -2- "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 2 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 4 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 5 may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A 6 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." 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC RESO NO. -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 Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 19th day of September, 2006, by the following vote: AYES: Commission Members Lewis, Hall, Kulchin, Sigafoose NOES: None ABSENT: Packard MS, Chairman ATTEST: RAYMOND R. PATCHETT, Secretary (SEAL) •• 2 ••* ^ i ^/ESTABLISHED'^z — 197° EXHIBIT 2 DESIGN REVIEW BOARD RESOLUTION NO. 312 DATED JULY 24, 2006 1 DESIGN REVIEW BOARD RESOLUTION NO. 312 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94- 4 05(A)X4 TO ALLOW FOR THE VILLAGE FARMER'S MARKET TO AMEND THE HOURS OF THE WEDNESDAY FARMER'S MARKET, AND TO ELIMINATE THE EXTENDED SUMMER 6 HOURS ON WEDNESDAY, AND ALLOW A MAXIMUM OF SDC (6) OPEN COOKING VENDORS AND TWO (2) ADDITIONAL 7 NON-PRODUCE VENDORS DURING THE WEDNESDAY AND SATURDAY FARMER'S MARKET HELD IN THE VILLAGE 8 REDEVELOPMENT AREA 9 CASE NAME: FARMER'S MARKET GROWTH PROJECT APN: 203-304-02, 03, 04, 05 10 CASE NO: RP 94-05(A)X4 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of 12 the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit 13 RP94-05 to allow a weekly Farmer's Market in the public parking lot located mid-block on the 14 , <- east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and Grand 16 Avenue; and 17 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 19 Farmer's Market for five years ending on September 26,1999; and 20 WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did21 22 authorize the Design Review Board to extend the permit for the Farmer's Market for a reasonable 23 period of time not to exceed five (5) years upon written application of the permittee made no less 24 than 90 days prior to the expiration date; and 25 WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the 26 Carlsbad Village Business Association ("Applicant") for a time extension (Fanner's Market 27 RP94-05(A)X1) through September 26, 2004; and28 e 1 2 3 4 5 ,th6 7 12 13 14 19 20 21 26 27 28 WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on the 13th 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 WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on the 10 day of May, 2005, adopt Resolution No. 393 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 o same location of the previously approved Farmers Market; and 9 WHEREAS, the applicant has filed an application to amend the hours of the Wednesday 10 Farmers Market, and to eliminate the extended summer hours on Wednesday, and allow open cooking vendors and two (2) additional non-produce vendors during the Wednesday and Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area; and 16 , WHEREAS, the Design Review Board did, on the 24m day of July, 2006, hold a 17 duly noticed public hearing to consider said request on public property described as:18 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 from the 22 requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the 23 State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and 24 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)X4. DRBRESONO. 312 -2- ' 1 Board as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 2 3 1. That the foregoing recitations are true and correct. 4 ^. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission 6 Major Redevelopment Permit No. RP 94-05(A)X4 to allow for the Village Farmer's Market to amend the hours of the Wednesday Farmer's Market, and to eliminate the 7 extended summer hours on Wednesday, and allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors during the Wednesday and Saturday Farmer's Market held in the Village Redevelopment Area, based upon the following findings and subject to the following conditions: 10 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. 13 CONDITIONS 14 ..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; 17 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)x4. 20 Staff is authorized and directed to make, or require the Developer to make, all corrections and 21 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, 23 shall require an amendment to this approval. 24 3. 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- 27 05(A)x4, (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 DRBRESONO. 312 -3- without limitation, any and all liabilities arising from the emission by the facility of 2 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. 4. All previous conditions approved for the project shall remain in full force and effect, <- with the following exceptions: 6 Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further amended to read as follows: 7 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 9 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 10 hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be every Saturday from 8:00 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 7:00 a.m. to 2:00 p.m. The hours of operation for j2 the Wednesday Farmer's Market shall be every Wednesday from 1:00 p.m. to 5:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will be closed 13 from 12:00 noon to 6:00 p.m. every Wednesday. Extended summer hours of operation from previous approval are omitted. The total number of booths, spaces or hours of 14 operation for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not be increased without prior amendment to this major redevelopment permit. 1 g Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further amended to read as follows: 17 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 six (6) non- 20 produce product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas. Open-cooking is permitted, subject to final approval by the local Health Department, and is limited to six (6) non-produce vendors allowing these 22 vendors to make fresh samples of their products that may be consumed on-site. The market must not be used to sell mass produced (commercial operations) food products which 23 are readily available within local grocery stores or markets. Two (2) booths for the selling of hand made arts and crafts are allowed during all hours of operation of this permit. An 24 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. One (1) educational booth may also be permitted. 26 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 393 is further 27 amended to read as follows: 28 DRBRESONO. 312 -4- The initial term for RP 94-05x4 is granted for a period of six (6) months from the date 2 of Housing and Redevelopment Commission approval. Within thirty (30) days of expiration of the initial term, this permit shall be reviewed by the Housing & 3 Redevelopment Director 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 have been met and the use does not have a significant adverse environmental impact, and does not have a substantial adverse affect on 6 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)X4 is subject to cancellation at any time upon 60 days written notice, if a determination is made that the City of Carlsbad and/or Redevelopment Agency require 9 use of the public parking lot for other purposes. If the initial term is extended, the Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment 10 Director on a yearly basis, thereafter, 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 , 2 welfare. If as a result of the annual permit review, the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and 13 Redevelopment Director shall recommend that the Housing and Redevelopment Commission, with a recommendation from the Design Review Board, add additional 14 conditions to reduce or eliminate the substantial negative effects after providing the permittee the opportunity to be heard. 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 16 surrounding land uses and the public's health and welfare, which cannot be mitigated or that the conditions imposed herein have not been met. The Design Review Board is 17 authorized by the Housing and Redevelopment Commission to extend the subject permit thereafter for a reasonable period of time not to exceed five (5) years upon 1 ° 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 20 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 21 conditions which will eliminate or reduce such effects to insignificant. There is no limit to the number of term extensions the Design Review Board may grant. 23 **** 24 25 26 27 28 DRBRESONO. 312 -5- IZ 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 meeting of the Design Review Board of the City of Carlsbad, California, held on the 24th day of July, 2006, by the following vote to wit: AYES: HEINEMAN, LAWSON AND MARQUEZ NOES: SCHUMACHER ABSENT: BAKER ABSTAIN: COUR AIRPERSON CARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR. DRBRESONO. 312 -6-|3 EXHIBIT 3 DESIGN REVIEW BOARD STAFF REPORT WITH ATTACHMENTS DATED JULY 24, 2006 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: 06/14/06 Environmental Review: Categorically Exempt Staff: Cliff Jones Assistant Planner ITEM NO. 1 DATE: July 24, 2006 SUBJECT: RP 94-05(A)X4 - "FARMER'S MARKET GROWTH PROJECT": Request to amend Major Redevelopment Permit No. RP 94-05(A)x3 to allow for the Village Farmer's Market to amend the hours of the Wednesday Farmer's Market, and to eliminate the extended summer hours on Wednesday, and allow a maximum of s^ix (6) open cooking vendors and two (2) additional non-produce vendors during the Wednesday and Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 312 recommending Approval of Major Redevelopment Permit No. RP 94-05(A)x4 to amend the hours of the Wednesday Farmers Market, and to eliminate the extended summer hours on Wednesday, and to allow open cooking vendors and two (2) additional non- produce vendors for both the Wednesday and Saturday Farmer's Market. 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 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 a modification to the operational hours and extended the term of the permit through September 26, 2009. And the most recent amendment occurred in May of 2005, in which an additional day, Saturday, was added to the weekly Farmer's Market. RP 94-05(A)x4 - FARMER'S MARKET GROWTH PROJECT JULY 24, 2006 PAGE 2 The current proposal is a request to modify the operating hours and parking lot closure hours of the existing Wednesday Farmers Market and allow open cooking and two (2) additional non-produce vendors during both Wednesday and Saturday Farmers Markets. Because the proposal includes modifications to the hours and operations of the market, final approval of the amendment must be granted by the Housing and Redevelopment Commission. Amendment to Time of Operation for Wednesday Farmer's Market The Carlsbad Village Business Association (CVBA), as the official sponsor of the Farmers Market event, is requesting an amendment to the major redevelopment permit to allow for the Wednesday Farmers Market to begin an hour earlier, 1:00pm, to operate the Farmers Market within the Village. The existing permit currently allows the CVBA to operate the Farmer's Market every Wednesday afternoon from 2:00 p.m. to 6:00 p.m. from the second Wednesday in September through the second to last Wednesday in June, and during the summer season from 2:00 p.m. to 8:00 p.m. from the last Wednesday in June through the first Wednesday in September. The CVBA requests to amend the permit to allow for operation of the Wednesday Farmer's Market to occur one hour earlier and close an hour earlier from 1:00pm to 5:00pm. (The existing later summer operational hours, until 8:00pm from the last Wednesday in June through the first Wednesday in September, are proposed to be eliminated since many of the vendors do not stay past 5:00pm.) In order to accommodate the earlier operating time the subject public parking lot would be reserved an hour prior to and after the event, from 12:00 noon to 6:00pm, for set up and clean up. Request for Open Cooking and Two (2) More Arts & Crafts Vendors at Both Markets The proposal also includes a request to modify the general operations of the Farmer's Market allowing two (2) additional non-produce product sales vendors (creating six (6) non-produce vendors in total) and a request to allow open cooking for all six (6) non- produce product vendors. The proposed amendment does not increase the number of vendor booths or the primary nature of the event. The maximum number of booths will continue to remain at thirty-three (33) spaces and 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-agricultural sales will continued to be limited to 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. The purpose of the CVBA's request is to attract more persons to the Farmer's Market events by providing additional unique non-produce foods and cooked samples of food that patrons can taste-test and consume on-site. With the CVBA's request the setup of the Farmers Market is as follows: of the thirty- three (33) spaces, a maximum of six (6) non-produce product sales booths (an increase from the four (4) booths currently permitted) will be provided in which vendors are RP 94-05(A)x4 - FARMER'S MARKET GROWTH PROJECT JULY 24, 2006 PAGE 3 permitted to have open cooking; two (2) of the thirty-three (33) spaces will remain as 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, composting, organic farming and sustainable agriculture-business endeavors. The CVBA will also continue to provide one (1) informational booth for local Village businesses to promote and advertise their businesses. Christy Johnson, the current Farmer's Market Manager, will continue to manage both Farmer's Market events and monitor compliance with existing and proposed conditions. Summary City staff is supportive of the requested amendment to the operational hours of the Wednesday Farmers Market, and the request to allow open cooking vendors and two (2) additional non-produce vendors during the Wednesday and Saturday Farmer's Market. Staff does not anticipate a substantial negative effect on surrounding properties (including parking) or their public health and welfare due to the proposed modifications as a result of the amendment. The Farmer's Market has been a good neighbor over the past 10 years and the existing Farmer's Market Manager will continue to manage the popular bi-weekly event in order to assure that no substantial negative effects occur to surrounding properties in the future. In order to further 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 amended 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. All time extensions beyond the permitted five-year period will be required to go to the Design Review Board for approval. III. 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 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. il RP 94-05(A)x4 - FARMER'S MARKET GROWTH PROJECT JULY 24,2006 PAGE 4 V. ENVIRONMENTAL REVIEW A Negative Declaration was previously approved by the Design Review Board for the project on April 19, 1994. Staff of the Housing & Redevelopment Department 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 Planning Director has subsequently made a determination that the proposed project is categorically exempt under CEQA Section 15311 as placement of a minor structure accessory to an existing facility. VI. CONCLUSION The Village Farmer's Market appears to have been well received by local merchants, residents, and visitors alike. The popular bi-weekly event continues to attract many people to the Village every Wednesday afternoon and Saturday morning 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 Farmer's Market will offer additional opportunities for residents and visitors alike to experience the unique shopping opportunity afforded through the Farmer's Market. The earlier operating hours, open cooking, and two additional non-produce vendors will allow the Farmers Market to provide working residents and visitors of Carlsbad an opportunity to experience and taste more of the goods the community has to offer. As a result, the amendment may attract additional residents and visitors to the Village 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 open cooking, additional non-produce vendors, and earlier operating time 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. 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. 312 recommending Approval of Major Redevelopment Permit No. RP 94-05(A)x4 to amend the hours of the Wednesday Farmers Market, and to allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors RP 94-05(A)x4 - FARMER'S MARKET GROWTH PROJECT JULY 24, 2006 PAGES for both the Wednesday and Saturday Farmer's Market held in the Village Redevelopment Area. EXHIBITS A. Design Review Board Resolution No. 312 recommending approval of Major Redevelopment Permit No. RP94-05(a)x4 to amend the hours of the Wednesday Farmers Market, and to eliminate the extended summer hours on Wednesday, and to allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors for both the Wednesday and Saturday Farmer's Market in the Village Redevelopment Area. B. Housing and Redevelopment Commission Resolution No. 393, Design Review Board Resolution No. 296, Housing and Redevelopment Commission Resolution No. 387, Design Review Board Resolution No. 293, Design Review Board Resolution No. 269, Housing and Redevelopment Commission Resolution No. 270, 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. Application from the Carlsbad Village Business Association dated May 23, 2006 requesting an amendment to RP 94-05x3. D. Location Map E. Site Plan R 1 DESIGN REVIEW BOARD RESOLUTION NO.312 2 5 9 10 SATURDAY FARMER'S MARKET HELD IN THE VILLAGE 8 REDEVELOPMENT AREA 15 16 17 18 on the 20th day of June, 1995, approve Resolution No. 270 extending the term of the Village 19 Farmer's Market for five years ending on September 26, 1999; and 20 WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did 21 authorize the Design Review Board to extend the permit for the Farmer's Market for a reasonable22 23 24 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94- 05(A)X4 TO ALLOW FOR THE VILLAGE FARMER'S MARKET TO AMEND THE HOURS OF THE WEDNESDAY FARMER'S MARKET, AND TO ELIMINATE THE EXTENDED SUMMER HOURS ON WEDNESDAY, AND ALLOW A MAXIMUM OF SDC (6) OPEN COOKING VENDORS AND TWO (2) ADDITIONAL NON-PRODUCE VENDORS DURING THE WEDNESDAY AND CASE NAME: FARMER'S MARKET GROWTH PROJECT APN: 203-304-02, 03, 04, 05 CASE NO: RP 94-05(A)X4 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of 12 the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit 13 RP94-05 to allow a weekly Fanner's Market in the public parking lot located mid-block on the14 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, 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 75 WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the 26 Carlsbad Village Business Association ("Applicant") for a time extension (Farmer's Market 27 RP94-05(A)X1) through September 26, 2004; and 28 20 WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on 2 the 13th day of July, 2004, adopt Resolution No. 387 extending the term of the Farmer's Market 3 for five years ending on September 26, 2009; and 4 - WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on 6 the 10th day of May, 2005, adopt Resolution No. 393 amend the permit for the Farmer's Market 7 in order to allow for a weekly Saturday Farmer's Market to be held in the morning hours in the o same location of the previously approved Farmers Market; and 9 WHEREAS, the applicant has filed an application to amend the hours of the Wednesday 10 Farmers Market, and to eliminate the extended summer hours on Wednesday, and allow open 17 cooking vendors and two (2) additional non-produce vendors during the Wednesday and 13 Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east 14 side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area; and 16 fhWHEREAS, the Design Review Board did, on the 24th day of July, 2006, hold a 17 duly noticed public hearing to consider said request on public property described as: 18 19 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 20 thereof No. 775, filed in the Office of the County Recorder of San Diego County. 21 WHEREAS, the Planning Director has determined that the project is EXEMPT from the 22 requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the 23 State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and 24 will not have any adverse significant impact on the environment;25 2/r . WHEREAS, at said public hearing, upon listening to and considering all testimony and 27 arguments, if any, of all persons desiring to be heard, said Design Review Board considered all 28 factors relating to Farmer's Market RP94-05(A)X4. 21DRBRESONO. 312 -2- * 1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 2 Board as follows: 3 1. That the foregoing recitations are true and correct. 4 " - 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission 5 Major Redevelopment Permit No. RP 94-05(A)X4 to allow for the Village Farmer's Market to amend the hours of the Wednesday Farmer's Market, and to eliminate the 7 extended summer hours on Wednesday, and allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors during the Wednesday and Saturday Farmer's Market held in the Village Redevelopment Area, based upon p the following findings and subject to the following conditions: 10 FINDINGS 1 1. The Design Review Board hereby determines that the previous findings for j2 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. 13 CONDITIONS 14 1. 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 15 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; 17 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)x4. 20 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, 23 shall require an amendment to this approval. 24 3. 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 25 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- 27 05(A)x4, (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 DRBRESONO. 312 -3- without limitation, any and all liabilities arising from the emission by the facility of 2 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 3 validated. 4 4. All previous conditions approved for the project shall remain in full force and effect, <- with the following exceptions: 6 Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further amended to read as follows: 7 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 9 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 10 hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be every Saturday from 8:00 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 7:00 a.m. to 2:00 p.m. The hours of operation for 12 the Wednesday Farmer's Market shall be every Wednesday from 1:00 p.m. to 5:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will be closed 13 from 12:00 noon to 6:00 p.m. every Wednesday. Summer hours of operation from previous approval are omitted. The total number of booths, spaces or hours of operation 14 for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not be increased without prior amendment to this major redevelopment permit. 16 Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further amended to read as follows: 17 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 I g 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 six (6) non- 20 produce product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas. Open-cooking is permitted, subject to final approval by the local 21 Health Department, and is limited to six (6) non-produce vendors allowing these 22 vendors to make fresh samples of their products that may be consumed on-site. The market must not be used to sell mass produced (commercial operations) food products which 23 are readily available within local grocery stores or markets. Two (2) booths for the selling of hand made arts and crafts are allowed during all hours of operation of this permit. An 24 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. One (1) educational booth may also be permitted. 26 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 393 is further 27 amended to read as follows: 28 DRB RESO NO. 312 -4- Initial approval of RP 94-05x4 is granted for a period of six (6) months. This permit 2 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 3 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 t- 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 & 6 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)X4 is 7 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 9 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 10 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 , 2 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 13 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 14 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 15 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 17 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. 2Q * * * * 21 22 23 24 25 26 27 28 DRBRESONO. 312 -5- 1 PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review 2 thBoard of the City of Carlsbad, California, held on the 24W day of July, 2006, by the following 3 vote to wit: 4 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 COURTNEY HEINEMAN, CHAIRPERSON CARLSBAD DESIGN REVIEW BOARD11 12 ATTEST: 13 14 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 312 -6- 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 393 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 94-05(A)X3 TO ADD AN ADDITIONAL 4 DAY TO THE WEEKLY FARMER'S MARKET, TO BE HELD ON SATURDAYS IN THE VILLAGE REDEVELOPMENT AREA. 5 APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION CASE NO: RP94-OS(A)X3 6 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 8 weekly Fanner'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 12 Commission that the amendment to Major Redevelopment Permit RP 94-05(A)X2 be approved with 13 conditions; and 14 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)X3; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to 18 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 19 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 20 requirement for preparation of environmental documents pursuant to Section 15311 of the State CEQA 21 Guidelines, as placement of a minor structure accessory to an existing facility, and will not have any 22 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. 27 2. That Major Redevelopment Permit RP 94-05(A)X3 is APPROVED and that the findings 28 and conditions of the Design Review Board contained in Resolution No. 296, on file in the City Clerk's Office and incorporated herein by reference, are the findings and conditions of the 2 Housing and Redevelopment Commission, except that Condition No. 1 of Housing and 3 Redevelopment Commission Resolution No. 387 and Condition No. 11 of Design Review Board 4 Resolution No. 296 are not incorporated and instead the Conditions shall read as follows: , Condition No. 1 is amended to read as follows:o 7 "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 8 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 Fanner's Market hours of operation shall be every Saturday from 8:00 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 7:00 a.m. to 2:00 p.m. The hours of operation for the Wednesday 11 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 2:00 p.m. to 6:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. From the last Wednesday in June through the first Wednesday in September, the hours of operation shall be every Wednesday 14 afternoon from 2:00 p.m. to 8:00 p.m. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. to 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 17 without prior amendment to this major redevelopment permit." 18 Condition No. 11 is amended to read as follows:i "The Saturday Farmer's Market approval is granted based upon an understanding 2Q 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, 21 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 22 Market which interferes with a Major Special Event with such a prior right, may be required to be shut down for that particular day." 24 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 25 analyzed and considered the environmental determination for this project and any comments thereon. 26 The Housing and Redevelopment Commission finds that: 27 (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; HRC RESO NO. 393 -2- 9.1 (b) The proposed development is the placement of a minor structure accessory to an 2 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; 4 (d) Approval of the project would not result in any significant effects relating to traffic, 5 noise, air quality, or water quality; and 6 (e) The site can be adequately served by all required utilities and public services. 7 The Housing and Redevelopment Commission finds that the environmental determination o reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 11 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 13 Review" shall apply: 14 15 16 17 18 19 20 21 NOTICE TO APPLICANT: 22 "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 25 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 25 may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A 27 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.' 28 HRCRESONO. 393 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13J- 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 Maj , 2005 by the following vote to wit: AYES: Commissioners Hall, Kulchin, Hall, Sigafoose NOES: None ABSENT: Commissioner Lewis ABSTAIN: None CLAUDE A. LEWIS, CHAIRMAN MATT HALL, Vice-Chairman ATTEST: RAYMOND R. PATCHETT, SECRETARY (SEAL) HRCRESONO. 393 -4- 1 DESIGN REVIEW BOARD RESOLUTION NO. 296 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94- 4 05(A)X3 TO ADD AN ADDITTIONAL DAY TO THE WEEKLY 5 FARMER'S MARKET, TO BE HELD ON SATURDAYS IN THE VILLAGE REDEVELOPMENT AREA 6 CASE NAME: CARLSBAD SATURDAY FARMER'S MARKET APN: 203-304-02,03,04,05 7 CASE NO: RP94-OS(A)X3 8 II WHEREAS, on September 27,1994, the Housing and Redevelopment Commission of 9 the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit 10 I! RP94-05 to allow a weekly Farmer's Market in the public parking lot located mid-block on the 12 east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and Grand 13 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 16 Farmer's Market for five years ending on September 26, 1999; and 17 WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission didIB 19 authorize the Design Review Board to extend the permit for the Farmer's Market for a reasonable 20 period of time not to exceed five (5) years upon written application of the permittee made no less 2 1 than 90 days prior to the expiration date; and 22 WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the 23 Carlsbad Village Business Association ("Applicant") for a time extension (Farmer's Market 24 RP94-05(A)X1) through September 26, 2004; and 26 WHEREAS, the Housing & Redevelopment Commission of the City of Carlsbad did, on 27 the 13th day of July, 2004, adopt Resolution No. 387 extending the term of the Farmer's Market 2° for five years ending on September 26, 2009; and WHEREAS, the applicant has filed an application to amend the permit for the Farmer's 2 Market in order to allow for a weekly Saturday Farmer's Market to be held in the morning hours 3 in the same location of the previously approved Farmers Market; and 4 5 WHEREAS, the Design Review Board did, on the 28th day of March, 2005, hold a 6 duly noticed public hearing to consider said request on public property described as: 7 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. 9 ! WHEREAS, the Housing & Redevelopment Director has determined that the project is 10 EXEMPT from the requirements of the California Environmental Quality Act (CEQA) per j2 Section 15311 of the State CEQA Guidelines, as placement of a minor structure accessory to an 13 existing facility, and will not have any adverse significant impact on the environment; ' 14 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 16 factors relating to Farmer's Market RP94-05(A)X3. 17 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review18 jo Board as follows: 20 1- That the foregoing recitations are true and correct. 21 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 23 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: 24 FINDINGS25 26 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 27 Clerk, remain applicable to the project and are hereby incorporated by reference. 28 CONDITIONS DRB RESO NO. 296 -2- 1 2 1. 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 3 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 6 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. 7 2. 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 9 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, 10 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 13 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 17 legal proceedings have been concluded and continues even if the City's approval is not validated.18 4. All previous conditions approved for the project shall remain in full force and effect, with the following exceptions: 20 Condition No. 1 of Housing and Redevelopment Commission Resolution No. 387 is further amended to read as follows: 22 The boundaries of the market shall be limited to the public parking lot located on the east 23 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) 24 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 8:00 a.m. to 11:00 a.m. To set up for the event and clean up 26 afterwards, the subject parking lot will be closed from 7:00 a.m. to 12:00 p.m. The hours of operation for the Wednesday Farmer's Market are as follows: From the second 27 Wednesday in September, through the second to last Wednesday in June, the hours of operation shall be every Wednesday afternoon from 2:00 p.m. to 6:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 DRB RESO NO. 296 -3- p.m. every Wednesday. From the last Wednesday in June through the first Wednesday in 2 September, the hours of operation shall be every Wednesday afternoon from 2:00 p.m. to 8:00 p.m. To set-up for the event and clean-up afterwards, the subject parking lot will be 3 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 r Farmers Market and/or Saturday Farmer's Market shall not be increased without prior amendment to this major redevelopment permit. 6 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 387 is further 7 I amended to read as follows: g " This time extension to amended Major Redevelopment Permit No. RP 94-05(A) with 9 || 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 10 | cancellation at any tune 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 13 || the use has such substantial negative effects, th^ 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 16 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 17 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 19 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 20 substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. 21 22 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 23 I 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 24 I 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 26 || 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 27 || 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 DRB RESO NO. 296 -4- 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 Fanner'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 Fanner'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 RESO 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* day of March, 2005, by the following vote to wit: AYES: HEINEMAN, LAWSON AND MARQUEZ NOES: NONE ABSENT: BAKER ABSTAIN: NONE COURTNBV HEINEMAN. CHAIRPERSON CARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTS HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO.296 -6- HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 387 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION 3 OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE (5) YEAR TIME EXTENSION TO SEPTEMBER 26, 2009 OF MAJOR REDEVELOPMENT 4 PERMIT NO. RP 94-05(A)X2 FOR THE WEEKLY FARMER'S MARKET HELD IN THE VILLAGE REDEVELOPMENT AREA AND AN AMENDMENT TO 5 THE SUMMER HOURS OF OPERATION AND PERMITTED ACTIVITIES. APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION 6 CASE NO: RP 94-05(A)X2 7 WHEREAS, on June 21, 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} 9 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 recommending to the Housing and Redevelopment Commission that 12 the amendment to Major Redevelopment Permit RP 94-05(A)X2 be approved with conditions; and 13 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of 14 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; and16 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to 10 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 19 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 20 requirement for preparation of environmental documents pursuant to Section 15301 of the State CEQA 21 Guidelines as the continuation of an existing use. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 23 Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 25 2. That an amendment to Major Redevelopment Permit RP 94-05(A)X2 is APPROVED and 26 that the findings and conditions of the Design Review Board contained in Resolution No. 293, on file in 27 28 the City Clerk's Office and incorporated herein by reference, are the findings and conditions of the 7 Housing and Redevelopment Commission except that two (2) booths for the selling of hand made arts 3 and crafts are allowed during all hours of operation of this permit, 4 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 5 analyzed and considered the environmental determination for this project and any comments thereon. 6 The Housing and Redevelopment Commission finds that: 7 (a) The project is consistent with the applicable general plan designation and all 8 applicable general plan policies as well as with applicable zoning designation and regulations; 1,, (b) The proposed development is the continuation of an existing use; 11 (c) The project site has no value as habitat for endangered, rare or threatened species; 12 (d) Approval of the project would not result in any significant effects relating to traffic, 13 noise, air quality, or water quality; and 14 (e) The site can be adequately served by all required utilities and public services. 15 The Housing and Redevelopment Commission finds that the environmental determination 1" reflects the independent judgment of the Housing and Redevelopment Commission of the City of 17 Carlsbad. 18 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment 19 Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 20 Review" shall apply: 21 NOTICE TO APPLICANT: 22 "The time within which judicial review of this decision must be sought, or other exactions hereafter 23 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 2/c 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 27 is either personally delivered or mailed to the party, or his/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 28 of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." HRC RESO NO. 387_ -2- 37 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 13th day of Jul , 2004 by the following vote to wit: AYES;Commissioners Lewis, Kulchin and Hall NOES: None ABSENT: Commissioners Finnila and Packard ABSTAIN: None ATTEST: ', SECRETARY (SEAL) HRCRESONO. 387 -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 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 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 CASE NAME: VILLAGE 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 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 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)X 1) through September 26, 2004; and WHEREAS, the applicant has filed an application to extend the permit for the Farmer's 2 Market for a period of five (5) years and to amend the hours of operation and permitted activities 3 for the event during the summer months; and 4 5 WHEREAS, the Design Review Board did, on the 21st day of June, 2004, hold a 6 duly noticed public hearing to consider said request on public property described as: 7 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 8 thereof No. 775, filed in the Office of the County Recorder of San Diego County. 9 WHEREAS, the Planning Director has determined that the project is EXEMPT from the 10 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 13 significant impact on the environment; 14 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 16 factors relating to Farmer's Market RP94-05(A)X2. 17 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review18 jo Board as follows: 20 1 • That the foregoing recitations are true and correct. 21 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 23 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 24 subject to the following conditions: 25 FINDINGS 26 1. The Design Review Board hereby determines that the previous findings for 27 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. 28 DRB RESO NO. 293 -2- 1 CONDITIONS 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 5 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 7 approval of this Redevelopment Permit RP04-05(A)x2. o Staff is authorized and directed to make, or require the Developer to make, all corrections and 9 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 10 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 1 3 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 14 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 ] 7 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 1 8 validated. 19 4. AH previous conditions approved for the project shall remain in full force and effect, 20 with the following exceptions: „ Condition No. 1 of Housing and Redevelopment Commission Resolution No. 270 is further amended to read as follows: 23 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 24 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 26 afternoon from 2:00 p.m. to 6:00 p.m. To set-up for the event and clean up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. From the 27 last Wednesday in June through the first Wednesday in September, the hours of operation shall be every Wednesday afternoon from 2:00 p.m. to 8:00 p.m. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. 4'., DRB RESO NO. 293 -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 to 9:00 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 RESO NO. 293 -4- 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 21st day of June, 2004, by the following vote to wit: AYES: Baker, Lawson, Marquez, Heineman, and Paulsen NOES: None ABSENT: None ABSTAIN: None ______ MARQUEZ, CARLSBAD DESIGN REVIEW BO^RD ATTEST: DEfiBlEFOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 293 -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 DESIGN REVIEW BOARD RESOLUTION NO. 269 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TIME EXTENSION FOR AN AMENDED MAJOR REDEVELOPMENT PERMIT (RP 94- 05(A)) TO EXTEND THE TERM FOR THE WEEKLY FARMER'S MARKET LOCATED WITHIN THE VILLAGE. CASE NAME: VILLAGE FARMER'S MARKET APN: 203-304-02. 03, 04, 05 CASE NO: RP 94-05(A)X1 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did, on the 20* day of June, 1995, approve Resolution No. 270 extending the term of the Village i Farmer's Market for five years ending on September 27,1999; 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 request for a time extension (Farmer's Market RP94-05(A)X1) was timely filed on June 29, 1999 by the Carlsbad Village Business Association ("Applicant") to allow the continuation of 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 Planning Director has determined that the project is EXEMPT from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment; and WHEREAS, the Design Review Board did, on the 27th day of September, 1999, hold a duly noticed public hearing to consider said request on public property described as: DRB RESO NO. 269 PAGE1 TFT 1 2 3 4 5 6 7 8 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 Farmer's Market RP94-05(A)X1. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That based on the evidence presented at the public hearing, the Design Review Board hereby APPROVES Farmer's Market RP94-05(A)X1 , based on the findings and subject to the conditions as approved by the Housing and Redevelopment Commission on June 20, 1995 in Resolution No. 270, except as follows: FINDINGS 1. The Design Review Board hereby determines 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 1 . Condition No. 9 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, 1999 and ending on September 27, 2004 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 DRB RESO NO. 269 PAGE 2 1 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. 2 || PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review 3 II • Board of the City of Carlsbad, California, held on the 27th day of September, 1999, by the4 || 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 following vote to wit: AYES: Chairperson Compas, Board Members: Marquez and Lawson. NOES: None. ABSENT: Board Member Marois and Heineman. ABSTAIN: None. II rSAjfll' /sgyrfffaj / BILL COMPAS, CHAIRMAN CARLSBAD DESIGN REVIEW BOARD ATTEST:i^ .^ [L* ^ ,4 7" • rCLj /v\ Trti/A^s DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR II ' DRB RESO NO. 269 PAGE 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 RESOLUTION NO. 27Q 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(Al WHEREAS, on April 19, 1995, the Design Review Board of the City of Carlsbad held a duly noticed public hearing to consider an amendment to Major Redevelopment Permit (RP 94-5) to extend the term for the weekly Farmer's Market and to allow four non- certified, non-produce booths at the market located within the Village; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on June 13, 1995 held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to an amendment to Major Redevelopment Permit RP 94-5; and WHEREAS, a Negative Declaration was issued on March 16, 1995 and submitted to the State Clearinghouse for a 30 day review period. No comments were received on the environmental documents. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the above referenced amendments are approved and that the findings and conditions of the Design Review Board in Resolution No. 223, approving the negative declaration, and Design 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 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 2:00 to 6:00 p.m. To set up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit." C. Condition No. 2 is amended to read as follows: "Product sales must be limited to fresh agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Non-produce items such as dried fruit, juice, dried beans, meat, fish and dairy products may be sold if the producer has proof that he/she grew, raised, collected or caught the product. Also, a maximum of four (4) non-produce, non- certified product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas; these booths shall be limited to pre-made local goods to be consumed off-site. No food items shall be prepared on site. The market must not be used to sell mass produced (commercial operations) food products which are readily available within local grocery stores or markets. No booths for crafts, antiques, or other retail items shall be permitted. An informational booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures, maps, etc. for other merchants within the area, n'8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including restaurants. One (1) educational booth may also be permitted." D. Condition No. 9 is amended to read as follows; "This Major Redevelopment Permit is granted for a period of five (5) years beginning on September 27, 1994 and ending on September 27, 1999 and subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative affect on surrounding properties including but not limited to parking provisions or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended by the Design Review Board thereafter for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Design Review Board may not grant such extensions, unless it finds that there are no substantial negative affects on surrounding land uses or the public's health and welfare. If a substantial negative affect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant." E. Condition No. 10 is added to read as follows: "The Village Business Association shall be responsible for providing (at its own cost) and posting a minimum of three (3) parking directional signs every Wednesday prior to the Farmer's Market. The Association shall ensure that these signs remain in place for the entire period of the Market every Wednesday. These signs shall be of professional quality and shall be at least three feet (width) by four feet (height) in size. A minimum of one (1) sign shall be placed at the south entrance to the Alley (east of the project site) and a minimum of one (1) sign shall be placed at the north entrance to the Alley (east of the project site). A minimum of one (1) sign shall also be provided at the Madison Street entrance to the Great Western Bank property located at 699 Grand Avenue. Sign copy must be pre-approved by the Housing and Redevelopment Director. The Association shall also be responsible for distribution of information regarding other public 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 parking lots in the area and for encouraging shoppers to park in these lots." 3. A complete list of all conditions is attached to this resolution as Exhibit "A". 4. This action of approval is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought iq 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 /// /// /// /// /// /// la; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 20th day of JUNE 1995, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None DE A. LEWIS? President RAYMOND R. PATCHETT, Secretary MAJOR REDEVELOPMENT PERMIT (94-5) As Amended by the City Council on June 13, 1995 FINDINGS No. 1 The proposed project will enhance the commercial center function of the downtown and is therefore consistent with the goals and objectives of the Village Design Manual. The Village Center, in which this project is located, is to serve as a focal point for the area and become the major attraction for the downtown. The proposed project provides an attraction which is consistent with the goals for the area. , No. 2 The project is located in Subarea 1 of the Village Redevelopment Project Area. The uses allowed in this area are the same as those allowed within the C-l, C-2 and R-P zones. The proposed use is consistent with the Village Design Manual. 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 functions. The proposed project is consistent with this goal. b. There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions and controls. The proposed Farmer's Market will be operated on public property by a non-profit organization. The event will only be held once a week for a maximum of three (3) hours. This project is very unique and should not be subject to the same standards as a business which, is operating on a daily basis from 9:00 a.m. to 5:00 p.m. Based on the unique conditions of the proposed project, it is necessary for the City to allow exceptions to the noted standards, specifically on-site parking requirements, in order to ensure that the project is feasible. It is anticipated that the proposed market will have a positive impact on the Village Redevelopment Area by offering a unique shopping opportunity for local residents and tourists. c. The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. The proposed Certified Farmer's Market will operate one day a week for a maximum of three (3) hours per week. A Market Manager will be hired to operate the market in a manner which prohibits any activity which might be injurious or materially detrimental to the public welfare, other properties or improvements in the Village. A security guard will also be on duty during the hours of the market. d. The granting of an exemption will not contradict the standards established in the Village Design Manual. The proposed use is consistent with the VillageDesign 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 intensified in use. Although no structure is being erected, enlarged or intensified, a public parking lot will be used temporarily for a retail operation which results in an intensification of use and a loss of public parking. However, since there is adequate public parking within 300 feet of the proposed market, there will be no negative impact on access to other businesses, the beach or other attractions within the area. The granting of the noted exemptions will not contradict the standards established within the Village Design Manual because this is only a temporary modification of land use. No. 6 The Design Review Board has determined that there will be no significant adverse affect on surrounding land uses or the public's health and welfare as a result of the long terra 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 4>f the alley, between Carlsbad Village Drive and Grand Avenue. The total number of booths/spaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 2:00 to 6:00 p.m. To set up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit. 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 advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. One (I) educational booth may also be permitted. No. 3 A complete set of "Farmer's Market Rules and Producer Agreement" must be submitted to the Housing and Redevelopment Director for review and approval. The rules must include information on clean-up and set-up, vendor parking locations, signage, and disposal of waste. These rules must be approved by the Housing and Redevelopment Director at least fourteen (14) days prior to the first day of the proposed Farmer's Market. No. 4 The Village Business Association shall be solely responsible for the set-up and clean-up of the event. These responsibilities include posting of signs as well as trash collection, removal and disposal so that the parking lot is completely free of trash and debris at the conclusion of the event. Any damage to the parking lot(s), landscaping or irrigation shall be repaired by the City but must be paid for by the Association (as sponsor of event). No. 5 The Village Business Association shall provide at least one security guard which shall be on duty at all times during hours of the market. No. 6 A complete signage and traffic control plan must be approved by the City's Traffic Engineer and the Housing and Redevelopment Director at least fourteen (14) days prior to the first day of the proposed Farmer's Market. The plan must include dimensions of signs, total number of signs and exact locations on the public street and within the parking lot. No. 7 The Association will be required to provide commercial general liability insurance including claims for injuries to persons or damage to property which may arise. This insurance shall not be less than $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. This shall be primary insurance and shall include an endorsement to the policy naming the City of Carlsbad, its officers, and employees as additional insureds. The certificate of insurance including additional insured's endorsement, must be received by the City at least ten (10) days prior to the start of market operations. No. 8 'No Parking TOW AWAY' signs which include the date and time of restriction must be posted 72 hours in advance of the beginning of the parking restriction. The Village Business Association shall be completely responsible for posting the signs and ensuring that they remain in place during the entire 72 hour period; missing or vandalized signs must be replaced by the applicant. The Association shall also be responsible for notifying the Carlsbad Police Department each week when the signs are installed. The Association shall also notify local businesses to provide vehicle identification and will not request that a vehicle be towed without first attempting to notify the vehicle owner of this parking requirement. These signs are temporary and must be removed each Wednesday at the end of the market and re-installed as noted herein. The parking lot shall be closed form 1:00 p;m. to 8:00 p.m. for the event. No. 9 This Major Redevelopment Permit is granted for a period of five (5) years beginning on September 27, 1994 and ending on September 27, 1999 and subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative affect on surrounding properties including but not limited to parking provisions or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended by the Design Review Board thereafter for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Design Review Board may not grant such extensions, unless it finds that there are no substantial negative affects on surrounding land uses or the public's health and welfare. If a substantial negative affect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design ReviewBoard may grant. No. 10 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 tne 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. , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 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 TO ALLOW FOR FOUR NON-CERTIFIED, NON-PRODUCE BOOTHS AT THE MARKET LOCATED WITHIN THE VILLAGE. CASE NAME: FARMER'S MARKET APN: 203-304-02. 03. 04. 05 WHEREAS, the Carlsbad Village Business Association has filed a request for I an extension of a Major Redevelopment Permit (94-05) to continue a Certified Fanner'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 Revkw 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. DRB Resolution No. 224 2 - 2. That based on the evidence presented at the public hearing, the Design Review Board hereby APPROVES a recommendation to the Housing A and Redevelopment Commission to approve an extension of Major Redevelopment Permit 94-05 to allow the continuation of the Village 5 Fanner's Market subject to the findings and conditions approved by the Design Review Board on August 17, 1994 in Resolution No. 215 and 6 amended by the Housing and Redevelopment Commission on September 27, 1994 in Resolution No. 258 with the following additions and/or 7 revisions to those findings and conditions: A. The following finding is added to read as follows: 9 The Design Review Board has determined that there will be no ., 0 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 11 12 B. Condition No. 1 is amended to read as follows: 13 "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 I •* within the application. The hours of operation shall be every Wednesday _ _ afternoon from 2:00pm to 6:00pm. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1 :00pm to 8:00pm •i « every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major 1 g redevelopment permit . " 19 C. Condition No. 2 is amended to read as follows: 20 "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 25 sell mass produced (commercial operations) food products which are readily available within local grocery stores or markets. No booths for 26 crafts, antiques, or other retail items shall be permitted. An informational 27 28 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 DRB Resolution No. 224 Page 3 booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also be permitted." D. Condition No. 9 is amended to read as follows: "This Major Redevelopment Permit is granted for a period of five (5) years beginning on September 27, 1994 and ending on September 27, 1999. This Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of this permit have) been met and that the use does not have a substantial negative affect on surrounding properties or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review board, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended by the Design Review Board thereafter for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Design Review Board may not grant such extensions, unless it finds that there are no substantial negative affects on surrounding land uses or the public's health and welfare. If a substantial negative affect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. DRB Resolution No. 224 Page 4 1 2 3 . E. Condition No. 10 shall be added to read as follows:4 e "The Village Business Association shall be responsible for providing (at its own cost) and posting a minimum of three (3) parking directional 5 signs every Wednesday prior to the Fanner's Market. The Association shall ensure that these signs remain in place for the entire period of the 7 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 8 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." 13 14 I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design 15 Review Board of the City of Carlsbad, California, held on the 19th day of April, 1995 by the following vote to wit: 17 AYES: Noble, Wdshons, Savary, Vessey 18 NOES: None 19 ABSENT: Marquez 20 ABSTAIN: None 21 22 BAILEY NOB1& CHAIRPERSON DESIGN REVIEW BOARD 24 AW^'' 25 EVAN E. BECKER, 26 HOUSING AND REDEVELOPMENT DIRECTOR 27 28 to* 1 DESIGN REVIEW BOARD RESOLUTION NO. 223 2 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 5 NON-CERTIFIED, NON-PRODUCE BOOTHS AT THE MARKET LOCATED WITHIN THE VILLAGE. 6 CASE NAME: FARMER'S MARKET APN; RP94-5 7 WHEREAS, the Design Review Board did on the 19th day of April, 199S hold 8 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 12 and arguments, examining the initial study, analyzing the information submitted by staff, 13 and considering any written comments received,1 the Design Review Board considered all 14 factors relating to the Negative Declaration. 15 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 17 A. That the foregoing recitations are true and correct. 18 B. That based on the evidence presented at the public hearing, the Design 19 Review Board hereby APPROVES the Negative Declaration according to the one page notice and the EIA Part II Form attached hereto and 20 made a part hereof, based on the following findings: 21 22 Findings; I. 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 05 project. Based on the EIA Part-n 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. 27 28 1 2 DRB Resolution No.223 Page 2 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 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 II, 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, Wdshons, Savary, Vessey NOES: None ABSENT: Marquez ABSTAIN: None BAILEY NOBI DESIGN RE> HAIRPERSON BOARD TTEST: EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 258 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR 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 DRIVE AND GRAND AVENUE. APPLICANT: FARMER'S MARKET CASE NO; RP 94-5 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 Drive and Grand Avenue and adopted Design Review Board Resolution No. 215i 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, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as followsi 1. That the above recitations are true and correct. 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 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 3:00 p.m. to 6:00 p.m.. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit." 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 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)." 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 ins-tailed. The Association shall also notify local businesses to provide vehicle identification and will not request that a vehicle be towed without first attempting to notify the vehicle owner of this parking requirement. These signs are temporary and must be removed each Wednesday at the end of the market and re-installed as noted herein. The parking lot shall be closed form 1:00 p.m. to 8:00 p.m. for the event." 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 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 Cleric, 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 STT, Secretary 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 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 FARMER'S MARKET IN THE PUBLIC PARKING LOT ON THE EAST SIDE OF ROOSEVELT STREET (MID-BLOCK) BETWEEN CARLSBAD VILLAGE DRIVE AND GRAND AVENUE IN THE VILLAGE. CASE NAME: FARMER'S MARKET APN: 203-304-02, 03, 04, 05 CASE NO; RP 94-05 WHEREAS, a request for a Major Redevelopment Permit to allow 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 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, 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. DRB Resolution No. 215 1 Page 2 2 3 2. 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 Farmer'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 Carlsbad Village Drive and Grand Avenue based on findings and subject to the following conditions: 7 FINDINGS; 8 The proposed project will enhance the commercial center function of the 9 downtown and is therefore consistent with the goals and objectives of the Village Design Manual. The Village Center, in which this project is 10 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. 12* 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-l, C-2 and R-P zones. The proposed use is consistent with the 14 Village Design Manual. 15 3. The project is consistent with the goals and objectives of the General Plan because the project has a strong pedestrian orientation and will 16 foster a desirable community concept for the downtown core commercial area in which this project is located. 17 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. 20 5. The existing parking is satisfactory under the provisions of the parking code because the project has been exempted from the requirement under 21 section 21.35.130 of the Carlsbad Municipal Code with the following justification: 22 a. The application of certain provisions would result in practical 23 difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of 24 the Carlsbad Village Redevelopment Plan. 25 Due to the fact that the Fanner's Market will only be operated one day a week for a few hours, ft would be impractical to require the applicant to pay for and/or provide 27 .28 DRB RESOLUTION NO. 215 Page 3 2 additional on-site or off-she parking at the applicant's own 3 cost. It also provides an unnecessary hardship on the proposed project because there is adequate public parking 4 within a reasonable distance of the proposed project. The overall goal of the Village Redevelopment Project is to create 5 a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service functions. The proposed project is consistent with this goal. 7 b. There are exceptional circumstances or conditions unique to the a property or the proposed development which do not generally apply to other properties or developments which have the same 9 standards, restrictions and controls. 10 The proposed Fanner's Market will be operated on public property by a non-profit organization. The event will only be 11 held once a week for a maximum of three (3) hours. This project is very unique and should not be subject to the same 12 standardsas a business which is operating on a daily basis from 9:00am to 5:00pm. Based on the unique conditions of 13 the proposed project, it is necessary for the City to allow - , exceptions to the noted standards, specifically on-site parking requirements, hi 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 15 unique shopping opportunity for local residents and tourists. 17 c. The granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or 18 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 hi a o n 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. 23 d. The granting of an exemption will not contradict the standards 24 established in the Village Design Manual. 25 The proposed use is consistent with the Village Design Manual. Uses allowed within this area are those which are 26 allowed by the C-2, C-l and R-P zones. Florist shops and 27 28 DRB RESOLUTION NO. 215 Page 4 fruit stores or other food markets are all allowed within the noted zoning. 4 The Village Design Manual requires that adequate provisions for off street parking be provided when any building or 5 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 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 10 within the Village Design Manual because this is only a temporary modification of land use. 11 12 CONDITIONS; 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 ^ 5 number of booths/spaces shall be limited to the number (32-33) indicated within the application. The total number of booths/spaces shall not be 15 increased without prior amendment to this Major Redevelopment Permit. 17 2. Product sales must be limited to fresh agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery 18 stock. Non-produce items such as dried fruit, juice, dried beans, meat and dairy products may be sold if the producer has proof that he/she 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 p.. for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures maps, etc. for other 22 merchants within the area, including restaurants. 23 3. A complete set of "Farmer's Market Rules and Producer Agreement" 24 must be submitted to the Housing and Redevelopment Director for review and approval. The rules must include information on clean-up and 25 set-up, vendor parking locations, signage, and disposal of waste. These rules must be approved by the Housing and Redevelopment Director at 26 least fourteen (14) days prior to the first day of the proposed Farmers' Market.27 28 no DRB RESOLUTION NO. 215 PageS 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 lot(s), 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 8 least fourteen (14) days prior to the first day of the proposed Farmers' Market. The plan must include dimensions of signs, total number of 9 signs and exact locations on the public street and within the parking lot. 10 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 n 2 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. 15 8. "No parking TOW AWAY " signs which include the date and time of 16 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 - g 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 l:00pm to 8:00pm for the event. 21 9. Initial permit approval is granted for a period of six (6) months. This 22 permit shall be reviewed by the Housing and Redevelopment Director after six (6) months to determine if all conditions of this permit have 23 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 Redevelopment 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 pfi be presented to the Design Review Board following additional CEQA (environmental) review by the Planning Director to determine the effect 2?" 28 ' n\ 1 2 •X** 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 DRB Resolution No. 215 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 the public's health and welfare will result because of the long term continuation of the 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: AYES: Savary, Noble, Welshons, Vessey, Marquez NOES: None ABSENT: None ABSTAIN: None N DESIGN REVIEW BOARD EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR -tfiLSBAD REDEVELOPMENT AGENJ PERMIT APPLICATION PLEASE CHECK ALL THAT APPLY: ADMINISTRATIVE PERMIT [ ] New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or less than $60,000. L_J Interior or exterior improvements to existing structures which result in an intensity ol use. ["""] Provisional land uses, where a minor or major redevelopment permit is not required. | J Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems. Signs for existing businesses or facilities. Repair or maintenance activities which are not exempt from obtaining a permit. COASTAL DEVELOPMENT PERMIT MAJOR REDEVELOPMENT PERMIT [~"| New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is greater than $150,000. | ] Variances for projects within this category. D MINOR REDEVELOPMENT PERMIT | | New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is greater than $60,000 but less than $150,000. I I Variances for projects within this category. I I Variances for projects which would otherwise be exempt or be eligible for an administrative permit. MISCELLANEOUS REDEVELOPMENT PERMIT A-Frame Sign Sign Permit Sign Program Sidewalk Tables/Chairs Outdoor Displays Other O c i (}. PROJECT TITLE-/iWKef Brief description of project: ."ft 4- ,sto».rt 6JeJ. Property Location: 1:203'.-oa. Uf V, o.r Tree ress nc( Owner's Ci'i Telephone Number lb (7 - V3 V - Applicant's Address OS" 7 - <l / / / / ;• iName (^ r U b < A I/ 1 I if dx. Telephone Number 76 Q- THE AREA BEbOW 1STO BE FEES FOR APPLICATION PROCESSING: (List type of fee and amount) RECEIPT OF APPLICATION Date Application Received /&-^ /O6 Applicatipn Received bv L/fj'n" Permit Number Assigned X 4 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) | | Administrative Permit - 2nd Dwelling Unit | | Administrative Variance | ] Coastal Development Permit 0 Conditional Use Permit : -yv •:_ " _...»..' 'V '-' f~1 Condominium Permit [~] Environmental Impact Assessment [ | General Plan Amendment | | Hillside Development Permit [ | Local Coastal Plan Amendment I Master Plan ~~~\ Non-Residential Planned Development ~"| Planned Development Permit (FOR DEPARTMENT USE ONLY) M Planned Industrial Permit Ll Planning Commission Determination I I Precise Development Plan ^Cl Redevelopment Permit I I Site Development Plan I I Special Use Permit I I Specific Plan Li Tontativo Parcel Map Obtain from Engineering Department LI Tentative Tract Map I I Variance I I Zone Change _J List other applications not specified (FOR DEPARTMENT USEONLY) 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: <£r6u-fi\ ivv\ «s <3 »vfji aOi>tol<. <^H 5-F Vt/*v<?_ - CgrL-fi^af *f Ao-Hv 5) OWNER NAME (Print or Type) MAILING ADDRESS CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 6) APPLICANT NAME (Print or Type) \ l^rtefc MAILING ADDRESS ^ CITY AND STATE ZIP TELEPHONE U^T/^b^cC £# ^ PC)& If VSy-3^3 1 CERTIFY THAT 1 XM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE? ' DA>E ' PulolfL LeX7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 16 Rev. 05/03 PAGE 1 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: 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. Description/Explanation: Project Description 10/96 Page 1 of 1 City-of Carlsbad Housing & Redevelopment Department 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 properly owner must be provided below. 1. 2. 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 partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS 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.) f*/k rVj.fi Title, Address 6 <Sf. rs of Corp/Part ( ^ Title s, \£>e*.k e &US> Address £*.***. 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 (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part Title v i ' Of Address Address - fl 1*00? 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 SITE Farmer's Market Growth Project RP94-05(A)x4 <^J*£_ a a•B.2uo COco COCOg1Ig V) ft) PQ C <u t gf O ^ ,a- j> < *> *2 'eITN ^ C115• •• C3 > U•s*I'S- o ^ 8Vj 173woa<00 _ oo r— o in ! B ' CO 1 \ CA ! C \ H r- V-l a Tf « § si S *"" 04 ^H T— 1 O VendorVehiclesS J§-0 0 »J 'li VendorVehiclesi-l wo **13 w > ri V-a TDs 3 O -li II 13 "yS -5 S JS-a .y S "S£> £> VO04 a s ol 0404 04 O04 OS " « ^1 ^ f s O4 •r-i Oto OS 4-> S oo Osl r-04 g£ «-.* * - >, ! -a csw 'S CO -W t CO in VH CS OI O O c« <u >-t-> oo EXHIBIT 4 DESIGN REVIEW BOARD MINUTES - DRAFT DATED JULY 24, 2006 Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: JULY 24, 2006 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Heineman called the Meeting to order at 6:00 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 Michael Schumacher Chairperson: Courtney Heineman Absent: Julie Baker Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the June 26, 2006 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 item on tonight's agenda is for the Farmer's Market that has been held for a while in the village area. They are requesting to make some changes to it. Cliff Jones, our Planner in Redevelopment, will go through the project. Mr. Jones said the applicant, Carlsbad Village Business Association, is requesting an amendment to the existing Major Redevelopment Permit to allow the Wednesday's Farmer's Market to open an hour earlier and to allow a maximum of six open-cooking vendors and two additional non-produce vendors for both the Wednesday and Saturday Farmer's Market. Because of the proposed change of the hours of operation and a change of the number and type of vendors permitted, final approval of the amendment must be granted by the Housing and Redevelopment Commission. In accordance with the Redevelopment Permit procedures, the Major Redevelopment Permit is being brought forward for recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Farmer's Market is 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 One of the Carlsbad 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, Christy Johnson. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 2 of 14 The current Farmer's Market permit is not due to expire until September of 2009. The current Farmer's Market permit allows the market to take place every Wednesday afternoon from 2 p.m. to Q p.m. from the second Wednesday in September through the second to last Wednesday in June. During the summer season, it is from 2 p.m. to 8 p.m. from the last Wednesday in June to the first Wednesday in September. The subject parking lot is reserved on Wednesday's beginning at 1 p.m. in order to allow the market vendors to set up. The market also takes place every Saturday morning from 8 a.m. to 1 p.m. with the lot reserved at 7 a.m. for the market vendors to set up. The maximum number of booths for the Wednesday and Saturday Farmer's Market event 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 permitted if the producer has proof that he or she grew, raised, collected or caught the product. Of the 33 spaces, the current permit allows for a maximum of four non-produce product sales booths, which can be provided for items such as locally made fresh breads, pastries and/or pastas. Two of the 33 spaces can be for arts and crafts' booths. For educational purposes, the CVBA is permitted to operate one booth on a rotational basis free of charge to individuals and/or organizations that would provide educational materials on issues such as composting, soil conservation, recycling, organic farming, and sustainable agriculture or business endeavors. The CVBA also provides one informational booth for local village business to promote and advertise their businesses. The CVBA wishes to amend their existing Major Redevelopment Permit to allow for the Wednesday Market to be open an hour earlier, at 1 p.m., in order to accommodate the market patrons who wish to shop earlier than the current 2 p.m. opening time. As a result, the CVBA requests the public parking lot to be reserved an hour prior to and after the event from 12 p.m. to 6 p.m. for setting up for the event and for cleaning up after the event. The existing later summer operational hours are proposed to be eliminated since many of the vendors do not make many sales past 5 p.m. The hours of operation for the Saturday Farmer's Market are not proposed to be changed as part of the request. The CVBA also requests to amend the operating conditions of the Wednesday and Saturday Farmer's Market in order to allow additional non-produce vendors, increasing the limit from four non-produce vendors to six vendors. Additionally, the CVBA requests for open cooking to be permitted for these six non-produce vendors in an effort to provide vendors an opportunity to allow consumers to taste test their cooked delectable's. The number of vendors booths remain at 33 spaces; the number of arts and crafts vendors remain at two; and the CVBA will continue to provide one educational booth and one informational booth for local village businesses. The configuration of the Wednesday and Saturday Farmer's Market will not change as part of the proposed amendment. The same number of booths will remain, the same parking lot and boundaries will be utilized, the same Farmer's Market manager, Christy Johnson, will continue to operate the Farmer's Market, and the signage location will remain the same. 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 and Saturday morning 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 village; therefore, enhancing the overall village character. Through the passage of the proposed amendment, the Farmer's Market will provide working residents and visitors alike an opportunity to experience and taste the goods the community has to offer. In conclusion, staff is recommending approval of the project with the following conditions: • Initial approval shall be limited to six months. This may be extended for up to five years if the Housing and Redevelopment Director determines that conditions have been met and the project has no detrimental affects on the surrounding properties; • All subsequent time extensions, up to five years, will be subject to Design Review Board approval. Staff did receive a written letter in opposition to the proposed amendment which staff has distributed to the members of the Board. The letter of opposition was from a business owner who operates a business across DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 3 of 14 the street from the Carlsbad Farmer's Market event. The business owner mentioned concerns regarding the closure of the public parking lot before the permitted 1 p.m. time and concerns about the vendors who conduct business during the Saturday market not being of an agricultural nature. This concludes my presentation. Board Member Lawson asked Mr. Jones to elaborate on what the makeup is of the CVBA relative to the businesses in that particular area. By nature of its name, it implies a certain regional or local area. Mr. Jones answered the Carlsbad Village Business Association was formed to represent the needs and desires of the businesses within the village. They do have quite a large membership. The current CVBA Executive Director, Mickie Royce, can tell the exact number, but they are meant to represent the businesses in the downtown area. Board Member Lawson commented it is not the case that all businesses down in the area are members of the organization, is that correct? Mr. Jones said not all of them, but that is something the CVBA is trying to work on. Board Member Marquez had a question about the CVBA forming a bid for an improvement district. Is there any idea as to when that is going to occur? This may be irrelevant, but I was just wondering if we had any information on that. Ms. Fountain said it is not on the agenda to talk about, and there is not anything in the works right now. There has been discussion about possibly forming one. We looked at that several years ago, and a decision was made not to pursue it. But if that action is taken again, it will most likely come from the business organization. There isn't anything in the works right now to do that. Board Member Schumacher asked about enforcement of the permit. Is it self enforced? How does that work to make sure the booths and the allocation of the type of product is being enforced? Mr. Jones said the current Village Farmer's Market manager does the enforcement of the event. If city staff does receive any complaints, they first go to the Farmer's Market manager to assure they are abiding by the current rules and regulations. Board Member Schumacher asked if there are any complaints on file. Mr. Jones said the only complaint we have received to date is the letter that is being presented to the Board. Besides that letter, no we have not received any other complaints. Chairperson Heineman asked if staff had heard from this person before. Mr. Jones said yes he has spoken with this person before about concerns. Chairperson Heineman commented that this is an ongoing complaint then. Mr. Jones said yes, he has received a few concerns, which we have transferred to the Farmer's Market manager. My name is Christy Johnson. I am the Carlsbad Village Business Association's Farmer's Market manager and I live in Vista. Chairperson Heineman asked Ms. Johnson if there is anything she would like to add to the presentation and the letter. Ms. Johnson thanked Mr. Jones for a great presentation. I think he covered pretty much everything. One thing that I wanted to expand on was we had talked about why we wanted the open cooking. We have DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 4 of 14 currently some vendors who would like to be able to offer some fresh made foods as opposed to bringing foods that are prepared ahead of time. I thought that would be a nice addition. Taking into consideration that none of these foods would be replicating anything in the Village, that is one reason why we wanted the open cooking. As far as the letter goes, I did have an opportunity to read over the letter. There are some, what I believe to be, falsehoods in the letter. I understand the complainant has some challenges with some things that are going on. They have had challenges with things in the past which we have taken care of. We remedied something recently that a vendor took upon themselves to eliminate a product that was overlapping what the complainant had. That was within the last few months. The current questioning of the Farmer's Market opening early, I think the biggest complaint she has about us opening the Farmer's Market early on Wednesday, I did some research with some of the vendors and customers when the issue came up and the vendors said the customers have been coming earlier and earlier for some reason. I think maybe, at one point years ago, the market opened earlier. The hours were created later, maybe for the summer, and it never went back to the earlier time. The customers keep coming earlier and earlier and the vendors need time to set up. They need at least an hour to an hour and a half to set up. When that happens, they are pushed to get their products out and be available to make the sales. So they feel pressure from the customers. The customers want to be able to get their products when they can make it, which is the earlier time. That is why we wanted to make the permit congruent with the actual time of the market. Board Member Marquez asked Ms. Johnson if she attends the Farmer's Market every week. Ms. Johnson said she is there the minute it is open. Also about an hour to an hour and a half prior and after every time it is open. Board Member Marquez commented these vendors are self-monitoring themselves. Ms. Johnson said no. She is strictly regulated by the State Agricultural Department, the County Health Department, the City of Carlsbad and my Board. Board Member Lawson asked Ms. Johnson if this application is to change some uses not add some uses. I am wondering is this due to decline as to the original intent of the more traditional produce type of vendors? Aside from certain vendors wanting to expand their offerings, if this were to not take place, are you subject to potentially losing vendors and fall below the capacity that you are after because I am curious if this is a thing of absolute need in order to keep the thing going or is this a change due to preference or interest by some of the different vendors? Ms. Johnson answered it is a combination of the two. Certainly the Wednesday market, which has been going over 12 years, does not need any help. It is booming, it is very popular, we won't lose any vendors, and we have waiting lists for vendors in every category of potential vendors. That is not the issue on Wednesday. To add the open cooking was really just to give the vendors that are there or if they leave, the opportunity to do cooking on site because some of the vendors had requested to make and cook up some of the samples of their products. Right now they cannot. They can cut up things that are already made, but they can't create anything on site and offer hot items and that type of thing. We also had other vendors who are on the waiting list. For example, we have a person who would like to make fresh crepes and offer those for sale. You can't make those ahead of time and bring them. They will not last. As far as the Saturday market goes, yes we need to have some help with the Saturday market. It has been going for a year. From what I understand, the attendance, as well as the number of vendors, has fluctuated up and down. Not a lot but a little bit. It has been a challenge to get produce vendors into that market. I believe we started with more then what we have right now, but I have also added several since I came on board. The challenge is that we have a lot of competition on Saturday, and unless we bring in more customers, we can't pull over vendors. We have a lot of the produce spaces still available. Of the 33 vendors, 25 of those currently can be produce. I have on an average, 6 slots filled, so I have a lot of space for produce vendors. As far as the other vendors go, I've got waiting lists for more food vendors and that is part of the reason I want to increase that number, at least two more. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 5 of 14 Board Member Lawson added relative to the village itself, before you came and presented this to the City, what does your involvement with familiarizing the capability of such a change with the other business operators in proximity to this. Is there some dialogue? Do you check with them about the things you are suggesting? Do we know that all of the people that are in that area really are already aware of that? I am assuming sitting up here, that you have been in certain communication with most of them, but I don't know if that is a correct assumption. Ms. Johnson said she is not in direct communication with the business owners. I work through my Board of Directors and my Executive Director. I gather information from them on the pulse of the village. I do know who is in the village. I have been doing the distribution of our magazine for the last six or seven months now. So I go to many of the businesses in the village. On a monthly basis, I spend hours going through the village so I know who is out there and what they are doing. As far as talking to them directly about what is happening at the Farmer's Market, sometimes I get into conversations with them. I go to the mixers, the Carlsbad Village Business Association mixers, and I talk with members or other people who attend about what is going on in the Farmer's Market, but I have not personally gone to the businesses directly connected to the Farmer's Market to ask them how this is impacting their business. Board Member Lawson commented that the overall membership of the CVBA may not necessarily be aware of this change that you are requesting. Ms. Johnson said that she doesn't know. My Executive Director, Mikki Royce, who is also here, may be able to answer those questions. Board Member Lawson said he was hoping there may be newsletters that go out to all the members and that they were made aware of this, and there is a certain amount of feedback that confirmed that the greater membership is supportive of it. Ms. Johnson said she does know that she communicates with them quite a bit. There have been e-mails. We've mentioned it in our newsletter, which is a monthly publication, and I know there have been newspaper articles written on this particular issue. Board Member Lawson said he can direct this to staff as well. Chairperson Heineman commented that the public hearing is open and we are speaking in the public hearing. This is mentioned because we now have an opportunity to.hear from people in the audience. Is there anyone who has filed a Request to Speak? Yes, we have two people who wish to speak tonight. One of them is Tom Wise and the other Joyce Wise. Please come to the microphone, identify yourself and spell your name please if you will and give us your address. My name is Thomas Wise, at 6058 Paseo Salinero, Carlsbad. I own and operate Artists Hair Salon and Gallery directly across from the Farmer's Market, approximately 3,000 square feet so I am not just a small business there. I am going to address this a little different than my wife will who will have more of the facts. In theory, the Carlsbad Village Business Association, like it has been said here, seems to be the Carlsbad Village Business Owner's. It is not. I belong to the organization to find out what they do. They publicize their letters; they state things that have already happened before it has happened in a way. It makes it sound like this is the whole, entire Carlsbad Village Business People. It is not. We basically barely found out about this to be here. I have a list of people who are against this. Two things in Carlsbad that are a problem and their charter as a non-profit organization is to bring business to Carlsbad Village, not Costco, not somewhere else to the village business people. That is who supports them. That is supposed to be their prime objective. They are making a profit off of our parking lot or city parking lot, which is hard to park in Carlsbad Village period. They have been allowed to have this parking lot. They ping pong back and forth between Saturday and Wednesday, and our complaint, my wife's and mine, is that they are just looking for more vendors, more hours, more vendors, more hours, more vendors, more hours. Basically, our complaint is there are businesses that you have two art vendors. There are more than that. My wife has a list of what is really there. In closing, this organization has tried to run that parking lot as a DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 6 of 14 business, and that is their prime objective. My prime objective is Carlsbad Village and the businesses therein. Board Member Lawson said he understands that Mr. Wise has had complaints and the complaints have been directed to either the City or both the City and the CVBA. Mr. Wise said it is only to the city. I am right next door to the city so I go to the city and have told them countless times of what was going on. For instance, cars being for sale in the place out there. The different things that are going on and not policed. I ask the city if they are aware of this, because they are closed on Saturday. Board Member Lawson asked if Mr. Wise was here this evening to say that when you have brought things to the attention of the city, that those things have not been addressed at that given time. Mr. Wise said not really. It is more like we'll put it in a letter and pass it forward. I said we'll go directly to the City Council. Then we just get bored. We don't want to be doing this. I don't want to be here complaining, I really don't. For the record, we are for the Farmer's Market produce; tomatoes, flowers, not business. Certainly not giftware or things that are in the Carlsbad Village. This is why we pay rent; this is why we pay insurance, to have a business. It is not fair if somebody else can come in from Oceanside for $10 and sell a product across the street; I don't care what the product is. If they say I don't like the competition, I don't think the non-profit organization should make me have competition. I have enough with my regular vendors. Board Member Marquez asked Mr. Wise how long he's been running his business in the village. Mr. Wise said three years. Joyce Wise, 6058 Paseo Salinero in Carlsbad, and has a business at 2933 Roosevelt Street in Carlsbad. I have lived in Carlsbad for 26 years. I've raised my kids here. I used to work for the school district. I know a lot of people in Carlsbad. She said she doesn't want to be the Farmer's Market watchdog, but every time I look out the window or I happen to find out they are trying to extend their hours, if I had only known they were going to go with the Saturday, I would have protested all along the way. The Wednesday 2 to 5 is fine with me. Fruit and produce has been there for years and I love it; it is fine. But Saturday is a totally different story. I am opposed to the extending of the hours on Wednesday. We operate a salon and an art gallery and a jewelry store, and our customers notice the posted sign says you have to move your car by 1 p.m. Well they are fully set up out there at 12 so I have gone over and talked to Ms. Johnson and I said, "What are you doing?" She said it is a four month process. So they have just gone about operating these new hours that have not been approved by the city and they have begun setting up at 11:55 a.m. when they are not supposed to set up until 1 p.m. as it is stated right now. They are already breaking the law, if you want to call it a law or the rule. It gets me upset because my clients have all these foils in their hair and they go out and have to move their cars. I went over and talked to Cliff several times about this type of thing. Also, on Saturday it is really a swap meet atmosphere. I spoke to Mikki Royce on the phone this week. She told me she wants to make it like Hillcrest with way more vendors and make it bigger, bigger, bigger, bigger, bigger. I said to me it looks like a swap meet, I don't like it, I don't want it. I operate a very classy establishment and I want to keep it that way. I don't think a lot of the people who work at the city or the Council Members even know what is going on down there on Saturday. I know you have a copy of my letter, but just let me ready this. It makes me feel better. This is what was here last Saturday: • Tupperware • Jewelry • Clothing • Clown • Costco Membership • A real estate broker • Alta Dena home milk • Soy products -J DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 7 of 14 • Salsa products • Spanish deli products • Tamales • T-shirts • Three produce vendors • One flower vendor Now if you want to call that a Farmer's Market, you may but it certainly is not and it looks tacky and they are taking up my city parking lot that I pay a very high rent for, insurance and taxes. I resent the fact that as soon as they ask for something and they add non-profit, it is baloney. They are hurting the businesses. I told Mickie this. I am a business owner. You are supposed to help me, not hurt me, and you are hurting me by taking away my parking and bringing vendors in. If somebody has $20 to spend and they have dresses hanging there and they are going to buy a t-shirt or a dress or a piece of jewelry, they are going to buy it over there. They are not going to buy it at the little shop on State Street that sells dresses or the dress shop next to me, Double Take, that sells dresses. Or they are not going to come in my jewelry store and spend $30; they are going to spend it in one place. Same goes with the food items. If you have the Danish Bakery, the French Bakery and other bakers, then you have someone come in who is going to make crepes and sell crepes, they are taking away from the businesses that are established here in Carlsbad that are the heart of the city. They are saying they are helping these businesses and they really are not. I am not against these people. They are nice people. They are trying to do a good job, but I feel they are misguided and I feel they are operating a profit job and they are trying to substantiate their own jobs and keep their own jobs by bringing in more vendors, more vendors, more people to give them a hundred bucks to join the business. When you look at the people who are in the business association, half of them aren't even from Carlsbad village, they aren't even from Carlsbad. The Tupperware is the one that really gets me and the Costco membership. How can that be at the Farmer's Market? That is wrong. Thank you. Board Member Marquez asked Ms. Wise if her building has a parking lot. Ms. Wise said we share a parking lot with a dress shop that is adjacent to us and we have three spots each and one handicapped spot, so I have three spots. Board Member Marquez reiterated that there are seven to service the building. Ms. Wise said that is correct. Mona Voss, owner of a business in the Carlsbad Village Faire on the corner of Carlsbad Village Drive and Carlsbad Blvd. My viewpoint on this whole thing, maybe it is the type of business that I am, I feel we need to have a prosperity mentality in this village. There are a lot of shop owners who have come into the village that sell things I sell, but if people come to this village for one specific thing and they find it, they are going to leave. People go to Carmel for art galleries. If there is only one art gallery in there, they are not going to flock there. Yet all the art galleries aren't in competition. People go there because they want to have a variety of art galleries. They don't have just one design building there. They have lots of different design businesses there. Same with hair salons. If people go for different things for their hair, they want more then one choice to pick from. I think we need to have a prosperity mentality in this village if we are to make it thrive. We have to keep that in mind. I am also on the board with the CVBA, and in the beginning, when Mikki first came on board, I went over to the Farmer's Market with the other manager, there were products over there that I had brought to Mikki's attention and I said these products are some of the same products that I sell. I said it doesn't bother me. I have a prosperity mentality. There are products that Mystical Dragon sells and there are also products that this business sells. Now I didn't have a problem with it, but maybe being so close across the street. I know the prior Farmer's Market manager had gone up to this woman and eventually she left because I had brought it up to Mikki that it is probably too close of a competition for the people across the street. I didn't care and I carry the same products that this woman was selling, but it was brought to Mikki's attention and I know she did address it. I think we have to have a lot of events or a lot of choices in this village or people aren't going to necessarily come here. I know my business is not as great on Saturday as it is on Sunday. Saturday seems to be people's chore day; little league, soccer, etc. My business seems to DESIGN REVIEW BOARD MINUTES JULY 24,2006 PAGE 8 of 14 thrive more on Sunday. If we can give people a goal or a reason to come into the village on Saturday, that sure would help my business. My name is Kathryn Gould and I live on Sheraton Road off La Costa. I am a vendor at the Wednesday and the Saturday markets every other week, and I am one of those artisans. I just learned there are only two of us, and I feel very honored to be one of them. I think it is a wonderful market. Wednesday is thriving. I was very privileged to be invited to participate. I started out just going on Saturday and I was thrilled to be able to come on Wednesday too sometimes. I think what they are wanting to do is grow the fair on Saturday. It is sparse right now, and we do need more food vendors and maybe some more artisans. I think it is a wonderful idea to offer food products as long as the product doesn't interfere with any restaurant's offerings close by or in the neighborhood. I think it is a wonderful idea. I think a business located right across the street perhaps just enjoying having their own little private parking lot all the time and let's have some other businesses there. I think the Farmer's Market is a great idea. Chairperson Heineman asked Mr. Jones to respond to all of the items that have been brought before them. Mr. Jones commented that one of the concerns was with regards to the CVBA making a profit on the parking lot. Although I cannot speak as to what revenues are used for, I know they are doing a lot of advertising for village businesses in the downtown area. As to the full extent to what they are doing for the businesses in the downtown, I cannot speak to. The original intent of the permit, and it is staffs belief it is still the intent of the permit, is to try to get additional visitors, residents into the downtown area to shop and purchase goods in the downtown village area. With regards to the city responding to concerns, the city has responded to all the concerns that we have received. We have met with the Farmer's Market manager. City staff has also discussed with the CVBA Executive Director the concerns we did receive and have been assured the operations will be in line with the permit. Personally I was there on the Wednesday market of last week and I did not see any activity that was out of line with the existing permit. Unfortunately, I had another prior arrangement for the Saturday event so I did not make it to that Saturday event. With regards to the concerns about what type of products are provided on the Saturday event, the Farmer's Market manager I'm sure can address any of those issues of concern. There was a concern brought up about a time extension. I just wanted to clarify it is not actually an extension because the later hours are being omitted. The hours of operation are going from 2 to 6 p.m. to 1 to 5 p.m. so it is actually just a shift in hours. I think that is what most of the concern we heard about today is with regards to the time. With regards to the looks of the Farmer's Market operation. I think that is more of a personal observation. I am not sure how to respond to that concern. Those are the majority of concerns I did hear. If there are other concerns the Board would like staff to respond to, I can. Board Member Lawson said the staff report presents a condition of overseeing this for a limited period of time, for a six month period. My understanding in reading the staff report was in essence simply to be prepared to be able to catch things that may not be working correctly. My question is subjective to you, but given the things that have been said here tonight, is there any reason to think that the grace period will not still permit us to catch any of these problems and address them? Therefore, it would be subject to renegotiation at the end of that initial six month period so therefore should we move forward with this and if problems still do continue to occur by the Wises, that we'll correct that six months down the road. Mr. Jones said yes that is correct. The city staff did write into the resolution that is before the Design Review Board today to give us that flexibility to monitor and regulate the operating conditions and how the CVBA Farmer's Market is operating. If they are out of compliance with the existing permit at any time, we can bring the permit back to this board and apply additional conditions to manage the operations and/or request revocation if necessary. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 9 of 14 Board Member Lawson commented any of the uses that don't fit within the prescribed intent of the permit or violation of the hours that the parking lot is being occupied would be reason for the staff to potentially revoke this modification. Mr. Jones said that is correct. We do have the ability to do so with the existing conditions as written, Board Member Lawson said one last question. I was unclear in the initial part of the presentation it appeared that there was at one period two hours for clean up but is there only one hour for clean up? Is that correct? Mr. Jones said for after the event there is one hour clean up currently written in the conditions. Board Member Lawson commented in the conditions as suggested here on Resolution 312, which is page 4 of condition 4, in the bold print is listed the hours of operation, which would be the modified ones. At the end of the bold print it says summer hours of operation from previous approval are omitted. Should that state the extended summer hours of operation? Because it could be read that all summer hours are being omitted. Mr. Jones said yes that is an excellent suggestion. That would provide additional clarification and staff can include that into the resolution. Board Member Schumacher had a question about the 33 different booths. If I understand it right, on Wednesdays it is pretty much sold out. Of the 33, 25 need to be produce and the other 8 are other? Mr. Jones said that is correct. Board Member Schumacher commented on Saturday it sounds like the produce isn't getting to 25 but there are still the other 8 that are probably showing up on Saturday. Does that sound right? Mr. Jones said that is correct. That could be some of the perceived issues of concern. Board Member Schumacher asked if there is any mechanism in the way the permit is written to control that by way of ratio as opposed to just pure numbers, the way it is now. Mr. Jones said it is not anything that is written in the conditions right now. The hope is that additional produce vendors will start attending with the existing 8 that are showing up. Ms. Fountain added when staff put the six month condition on there, it was exactly as Board Member Lawson was talking about is to be able to assess whether to continue this. Just to add on to your question, Board Member Schumacher, on the number, what we have asked the (CVBA) Board to do during that six month period is also for them to be evaluating the Farmer's Market. If they can't increase those number of produce vendors that are showing up, they really need to consider canceling that event on their own. We didn't put a magic number out there to say where to get to, but knowing that you are allowed about 25 produce vendors and if you are only getting 6, you need to make the assessment that this isn't the best thing to be doing on Saturday. Maybe it needs to be turned into another event or it needs to be moved to another location. So we've asked the CVBA Board to do the same assessment while we are assessing it. At the end of that period, we will have discussions about: Is it improving? Is it getting better? Some of what we have heard from the CVBA is the vendors aren't showing up because the traffic is not there. Part of what they are trying to do is add some activities to increase traffic so the vendors will want to come. It is sort of which one comes which is the age old problem in the village area. If you increase traffic, then businesses would stay open later. It always feels like it is a circle we get into as to which one you should do first to try and solve the problem you are dealing with. We have asked the (CVBA) Board to take that same six months to look at it so when we get to the end of that six months, if we come to them and say it isn't getting any better, it won't be a surprise to anybody that we are going to suggest the permit not be continued for that Saturday event. I just wanted to share that with you because it is a discussion we have had with the Board and they are aware that if things don't improve, they need to look at it seriously about whether or not it should be continued. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 10 of 14 Board Member Schumacher asked if the Board was going to see that in six months from now regardless if in fact it gets approved tonight. Ms. Fountain said the way the conditions are written it is left up to the Housing and Redevelopment Director to decide, but if the Design Review Board wants it to come back, we can bring it back to the Design Review Board for you to havje that discussion on the assessment and the evaluation of it. That is up to the Design Review Board. Board Member Schumacher commented then the Design Review Board would be able to add that to the six months to say we are not only going to look at the hours of operation change and the open cooking change, but we would also look at how Saturday is performing. Out of curiosity, I noticed that after the six months it is a five year extension but the permit expires in September of 2009, which is about three years from now. Is there a reason why they don't coincide? Ms. Fountain said that was the permit the Board amended previously, it had that five year extension, so this is starting a new procedure. Mr. Jones, do you know when it will go until? Mr. Jones said he doesn't have the exact date written at this time, but I think September of 2009 is when we can change the conditions so all are amended at that 2009 date. Ms. Jane Mobaldi, Assistant City Attorney said that is correct. Board Member Schumacher said someone had mentioned earlier about the businesses and more people coming down on Sunday as opposed to Saturday. Has there ever( been any discussion, and maybe this is a question for the CVBA or staff, about having the Saturday event on Sunday? Mr. Jones said staff has not heard. CVBA would be best to address that question. Several CVBA members in the audience commented that it had been discussed. Ms. Fountain said the CVBA has been looking at: Is this the best event? What day should it be on? If they move it to other locations, there are some other cost factors because if you close a street like some cities close down a street, that all has ramifications in terms of cost. You will have to pay fees because you will be issued another kind of a permit or if you move it to another location. One of the reasons the location was picked where it is at was trying to keep it out of the coastal zone because of the parking issue related to it (Coastal Zone). It was trying to keep it out of the street so we didn't have the issue of closing the streets and blocking off circulation. When we originally started the permit in 1994, there was concern expressed about the impact that it has. The city and the Redevelopment Agency was trying to support the CVBA and activity so we did allow them and have been allowing them to use the parking lot for free to do that. Depending on where else they move, there could be other issues. It is more about what type of activity will end up being the best and whether it is on Saturday or Sunday. For years a lot of the events were held on Sunday because a lot of businesses were closed. It was seen as a good time to have it. Now more businesses are starting to be open on Sunday so now it is a question of which is the better day to bring activities in. Saturday was seen as the day because not as much traffic. This may not be the right activity. It may need to be something else. I think the Wednesday event is very successful because it has so much of the produce, but even when that started, we had an issue with florists being concerned about flowers being sold there so the deal was made they would only sell cut flowers and they weren't supposed to sell arrangements. This issue has been going on trying to make sure the event doesn't necessarily compete against the other businesses and actually provide a draw, but isn't in direct competition. It is an on-going challenge we will still have to keep addressing. I think one of the things that happened with the business information booth is there was a misunderstanding that it just had to be information only and they couldn't be doing any sales and they had to be a local village business to have information there. We have clarified that with the CVBA. It just takes some working through to get some of these issues addressed. Whenever there is a change in management, there is a learning process, what is allowed and what is not allowed. Some things were done that weren't caught and then continued. This permit amendment gives us an opportunity to continue to evaluate that. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 11 of 14 Board Member Lawson asked Ms. Fountain what would be required in order to add some kind of provision to have this six month period also be including an evaluation by the CVBA for use on Sunday. In other words, I see a lot of merit in that and things have indeed changed down in the village over the years since the inception of this whole process. I recall initially when we were looking at things that would help to create some bit of life down in the village on the weekend, and this seemed like one of those. The village does have its own pulse now, and it is not dependent on the market for that to take place. I think there is a lot of merit in that. What I would be wondering, is it possible to have us make sure that we are looking at that option and that the CVBA is looking at that option in a serious way? That might be one of those things that would influence a final decision to extend it over a longer period of time; six months from now. What would be required in order to try and put a little more meat into making sure that could happen? Chairperson Heineman commented that he is wondering if the Board is trying to do too much in one enactment here. Ms. Mobaldi said she doesn't think the Board can mandate the CVBA to look at the Sunday option. However, your comments are noted. You are going to be looking at it again in six months. If the Saturday doesn't work out, I'm assuming that if they want to continue at all, they will be looking at that option. The applicant hasn't made the request to have it on Sunday so right now we are not considering that. I'm sure they will be in the future if the Board wants to look at this in six months instead of having just the Housing and Redevelopment Director, or even if it is the Housing and Redevelopment Director solely that is making the decision. Chairperson Heineman commented that the Board is near a vote, but first of all would like to review all of the things we are supposed to be considering here. First, there has been a request to amend the Major Redevelopment Permit to allow for the Village Farmer's Market to amend the hours of the Wednesday Farmer's Market and to eliminate the extended summer hours on Wednesday and allow a maximum of six open cooking vendors and two additional non-produce vendors during the Wednesday and Saturday's Farmer's Market. Those are the things for which we are charged with voting this evening. Board Member Schumacher asked if we are suggesting that we are adding two non-produce to the Saturday, you can't split hairs can you? It's all or not? It seems like that is part of the problem; that there are already too many non-produce vendors on Saturday? Chairperson Heineman said he doesn't think the Board can make that decision based on what we know. I think we need to listen to what we are being told at this point. Ms. Mobaldi said the Board can modify the applicant's request, both in terms of number of members doing a certain type of vending etc. That is appropriate because that is within what they are asking for. Chairperson Heineman commented, that it seems like we are legislating when we shouldn't be. Board Member Lawson said he would like to debate that. Ms. Mobaldi said she believes this is a provisional use so it is akin to a conditional use permit and you can condition it any way you want. Board Member Marquez asked if the Board could just take out the word on the recommendation, "both" and "Saturday and just have the two additional non-produce vendors on Wednesday. Chairperson Heineman asked Ms. Marquez what she is looking at. Board Member Marquez said it is recommendation number one. Ms. Mobaldi said yes, you can make that modification. If you wanted to do that, you would make a motion to amend the motion in that way. If you get a second, you vote on the amendment first and then you go back to the main motion. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 12 of 14 Chairperson Heineman said first we need a motion before we can amend it, do we not? Ms. Mobaldi answered not necessarily. You can do the amendment first. Chairperson Heineman said it is much clearer if we do the motion first. Is there a motion anyone would like to make at this point? Board Member Lawson said he recommends the Design Review Board adopt Design Review Board Resolution 312, recommending approval of Major Redevelopment Permit RP 94-05 amendment four to amend the hours of Wednesday Farmer's Market and to eliminate the extended summer hours on Wednesday and to allow open cooking vendors and two additional non-produce vendors for both the Wednesday and Saturday Farmer's Market. Ms. Mobaldi said before we can consider that motion, we will need to have a second. i Chairperson Heineman asked if there was a second for that motion. Board Member Marquez said she will second the motion. She would like to amend that to adopt Resolution 312 recommending approval of the Major Redevelopment Perrpit RP 94-05 to amend the hours of the Wednesday Farmer's Market and to eliminate the summer hours on Wednesday and to allow open cooking vendors and two additional non-produce for Wednesday only. Ms. Mobaldi said now we need a second for the amendment. Board Member Schumacher seconded that motion. Board Member Lawson said as the original maker of the initial motion, do I need to acknowledge acceptance on that? Ms. Mobaldi said we are going to vote on the amendment and you can vote in favor of it if you like. Board Member Lawson would like clarification that we have an understanding of what we are accomplishing by having it only on the Wednesday. IBoard Member Marquez answered we were trying to keep the ratio of non-produce vendors and produce vendors a little more in line. We are trying to support produce coming to Saturday and not have it be more non-produce vendors on Saturday because we are in need of produce vendors on Saturday. Board Member Lawson said maybe he misunderstood some aspects, but it was my recollection that the applicant said when comparing the Wednesday to the Saturday, the Wednesday has plenty of vendors and will operate smoothly and sufficiently and isn't the one that needs the change. They need the variety to help them to make sure they are getting enough people on Saturday and this expands that capability. I understand maybe a preference to want to have the produce vendors, but they are not getting the produce vendors on Saturday, and this helps them to make sure they have a full market. Did I misunderstand that to be the case? If we are going to eliminate the non-produce, the applicant is more desirable of it, as I understood it, for Saturday, not necessarily Wednesday, and we're doing the reverse of that. I am wanting to understand why we are doing it that way. Was there something that was said here that was reason to go opposite of what they would actually prefer? Board Member Marquez said her understanding was that on Wednesday they had plenty of produce vendors. In fact, they had 25 produce vendors and 8 non-produce vendors and some of the produce vendors also want to prepare food at the event. They didn't need anymore vendors. I think on Saturday they were looking to attract vendors. I think she said they only have two produce vendors on Saturday and if we increase the amount of non-produce vendors on Saturday, it will be more like a flea market rather than them having the produce vendors. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 13 of 14 Board Member Lawson said he is still confused because the suggestion is to not add non-produce on Saturday where it is not expanding their capability to bring more vendors by only letting the non-produce to operate on Wednesday. I would think our motion would want to be having to allow the open cooking vendors on Saturday, not on Wednesday. Chairperson Heineman asked Mr. Jones which way he would feel we should go. Mr. Jones said staff is recommending the six non-produce booths for both Wednesday and Saturday. That was the recommendation that city staff came to. Board Member Marquez asked Mr. Jones if the cooking vendors are also produce vendors. Do they not sell food items and are they not produce vendors, or are they considered non-produce vendors? I think that is where there is some confusion. Mr. Jones said the six non-produce booths that are being proposed would also be those same six that open cooking would be permitted for. Open cooking currently is not permitted for the existing four non-produce booths. Ms. Mobaldi said she thinks both Board Members heard correctly. It is just that you are focusing on different aspects. I think the overall goal is to get more produce vendors on both days and have a ratio that is heavily weighted towards produce. However, since they don't have that on Saturdays, they are hoping that the non- produce will stimulate more produce vendors to come to the market. If you are going to ask that this be brought back or that Ms. Fountain review this with an eye towards getting the produce on Saturday, perhaps you could approve it as requested this evening and then take another look and see if that actually work to stimulate more produce vendors on Saturday. If it doesn't, then you'll have an opportunity to review it. Chairperson Heineman said than Ms. Mobaldi is suggesting to enact it as it is. Ms. Mobaldi said since we are going to have a six month review in any event and the purpose is to stimulate the influx of produce vendors on Saturday, if that doesn't work, then you can review that again. Board Member Lawson said he would be much more supportive of that because my sense was exactly that the intent of the non-produce was to help business, the Saturday is lacking yet it doesn't appear the Wednesday is lacking. The Wednesday event could operate as is. I think we should be able to trust the Director to be able to achieve those goals. Chairperson Heineman asked Board Member Lawson if he is talking about the recommendation as written with the idea that within six months we will have an opportunity to amend it or change it as necessary. Board Member Lawson agreed and with that in mind, I would urge the Board to vote no on the amendment and go back to the original motion and pursue that. That would be my suggestion. Chairperson Heineman asked Board Members Schumacher and Marquez how they felt about that. Board Member Marquez said her misunderstanding was that the cooking vendors were not produce vendors. I thought the cooking vendors would be produce vendors too that wanted to sell their produce, to prepare it in order to serve the public. I guess I stand corrected so there will be additional open cooking vendors and then two non-produce vendors. I don't see why we need to have extra non-produce vendors on Saturday though. Board Member Lawson said the whole purpose is to help to stimulate people to come to the market as well as for them to be full. Chairperson Heineman said the Board can accomplish that now if Board Member Marquez withdraws her amendment. Board Member Marquez said yes, she will withdraw her amendment. DESIGN REVIEW BOARD MINUTES JULY 24, 2006 PAGE 14 of 14 Board Member Schumacher said the reason he brought it up is because it seems like the sentiment was that on Saturday there is an imbalance. It doesn't feel like a Farmer's Market because there are only two farmers. That is why I had brought up the concept of not including non-produce, whether they are cooking or not, if another vendor shows up with tires, I don't really personally feel that will somehow bring produce vendors. It does sound like there is a concern and the numbers support that. If there are only two produce vendors on Saturday, it seems like it is lopsided. It doesn't seem to be in tune with me. Chairperson Heineman suggested the Board proceed with the motion as presented originally with the idea that within six months it will be possibly amended if needed anyway. Mr. Jones wanted to clarify that the CVBA Farmer's Market manager informed me that it is five to six farmers currently so there is about a 50/50 ratio. (Interruption in the audience.) ' Chairperson Heineman said we do have a motion on the floor. We had an amendment, which has been withdrawn. Now we are in position to vote on the initial proposal. Board Member Lawson said we need to be on the record to make the change to the condition to add the word "extended" into the condition I noted earlier. That would be added to the record, correct? Board Member Marquez said it is modification of condition 4. VOTE: 3-1-0 | AYES: Heineman, Lawson, and Marquez NOES: Schumacher ABSTAIN: None ABSENT: Baker DIRECTOR'S REPORT Ms. Debbie Fountain did not have a report. ADJOURNMENT By proper motion, the Regular Meeting of July 24, 2006, was adjourned at 7:19 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT! Minutes Clerk PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am 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: September 09th, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California Proof of Publication of NOTICE IS HEREBY GIVEN that the Housing & Re-development Commission of the City of Carlsbad willhold a special Public Hearing in The City Council.. :_:_ . ... ive, Carli", at 6:00 pm on Tuesda ~to consider approval to the ...development Commission of a request to amendMajor Redevelopment Permit No. RP94-05(A)x3 toamend the hours of the Wednesday FarmersMarket,and to eliminate the extended summer hours onWednesday, and allow a maximum of six (6)cooking vendors and two (2) additional non-p"vendors for both the Wednesday and Saturdaier*s Market, which occurs in the public earning 101located mid-block on the east side of RooseveltStreet between Carlsbad Village Drive and GrandAvenue in Land Use District N5. 1 of the CarlsbadArea.. _ se persons wishing to speak on this proposal arecordially Invited to attend toe public hearirtg. If youhave any questions or would like a copy of the staffreport, please contact Cliff Jones In the Housing andRedevelopment Department at (760) 434-28137 You..„•- ,j- .r..)r comments in writing to the >n! Department at 2965 As a result ofCalifornia EnvliEnvironmental .Carlsbad, the PL. quirement for preparation of'environrnehtal docu-ments pursuant to Section 15311 of the State CEQAGuidelines as placement of a minor structure acces-sory to an existing facility, trie Design Review Boardwin be considering recommending approval of theenvironmental determination during the public In this notice or In written correspondence delivto the City of Carlsbad at or prior to the p CASE FILE NO.: Rl .~;ASE NAME: FARMIECT !XMARKET GROWTH ING & REDEVELOPMENT COMMISSION979511 •09/09/06 This 11th Day of September, 2006 JL Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® Tupper Trust 2785 Jefferson St Carlsbad, CA 92008 Jack D Phillips 2667 Ocean St Carlsbad, CA 92008 Scanlon Trust 7306 Borla PI Carlsbad, CA 92009 Steven M & C Renee Tague PO Box 429 Carlsbad, CA 92018 BICAJESSEE ADVENTURES LLC 2075 Corte Del Nogal #S Carlsbad, CA 92011 Tucker Family 2810 Madison St Carlsbad, CA 92008 Peter A & Georgette Rock 2421 S El Camino Real San Clemente, CA 92672 Goll Trust 18 Gettysburg Irvine, CA 92620 JEANENE ENTERPRISES INC PO Box 2258 Carlsbad, C A 92018 Peter A & Georgette Rock 2421 S El Camino Real San Clemente, CA 92672 CARLSBAD VILLAGE THREATRE LLC 4208 Park Dr Carlsbad, CA 92008 Howard-Jones 2785 Roosevelt St Carlsbad, CA 92008 Donald K & L J Dewhurst 3425 Seacrest Dr Carlsbad, CA 92008 BIERI AVIS VI LTD 550 Laguna Dr #B Carlsbad, CA 92008 ROOSEVELT TAMARACK INVESTMENTS 6 Venture #215 Irvine, CA 92618 BENCHMARK PACIFIC LTD II 550 Laguna Dr #B Carlsbad, CA 92008 Ester Ahronee 4440 Gather Ave San Diego, C A 92122 Props Lp Macdonald 2898 State St Carlsbad, CA 92008 Corner LLC Village 2998 State St Carlsbad, CA 92008 Ophelia G Garcia 2960 State St Carlsbad, CA 92008 Abel Garcia 1502 Rolling Hills Dr Oceanside, CA 92056 Leo & Dianna J Pacheco 2100 Chestnut Ave Carlsbad, CA 92008 Douglas M Avis 550 Laguna Dr #B Carlsbad, CA 92008 MISSION SQUARE SHOPPING CENTER 1691 Caminito Aliviado La Jolla, CA 92037 Kenneth M Humphreys 140 Acacia Ave Carlsbad, CA 92008 ®09is AU3AV-OD-008-1 LUOrAj3AB'M/V\/\A ®091S smdpj a6pma<; e IB aBpjjnoanup uoissajduii Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® PACKARD BUILDING PARTNERSHIP 725 Grand Ave Carlsbad, CA 92008 www.avery.com 1-800-GO-AVERY Chin Lung & Yu OTsai 2958 Madison St Carlsbad, CA 92008 AVERY® 5160® MCMILLIN CARLSBAD INVTRS LLC 2727 Hoover Ave National City, CA 91950 BANK OF COMMERCE 1381 E Vista Way Vista, CA 92084 CARLSBAD GRAND LLC 701 B St San Diego, CA 92101 VermilyeaGsd 11620 Kismet Rd San Diego, CA 92128 Gordon PO Box 130065 Carlsbad, C A 92013 GREAT WESTERN BANK PO Box 7788 Newport Beach, CA 92658 KFC NATIONAL MANAGEMENT PO BOX 35370 Louisville, KY 40232 PARKER FAMILY PROPERTIES LLC 560 Highland Dr Danville, CA 94526 Walker-Gilbert 4350 Highland Dr Carlsbad, CA 92008 M&MG PO Box 1667 Carlsbad, C A 92018 Paul & Teri JRappaport 2963 Madison St Carlsbad, CA 92008 Parker 3215 MaezelLn Carlsbad, CA 92008 McComas 1265 Cynthia Ln Carlsbad, CA 92008 Iris PKornberg 509 N Maple Dr Beverly Hills, C A 90210 SECURITY PACIFIC NATIONAL BANK 300 Lakeside Dr Oakland, C A 94612 Sheryl FBullock 300 Lakeside Dr #8 Oakland, CA 94612 BANK OF AMERICA NT & SA PO Box 2818 Alpharetta, GA 30023 Marguerite Montalbano PO Box 2818 Alpharetta, GA 30023 NORTH COUNTY HEALTH PROJECT IN ISOValpredaRd San Marcos, CA 92069 Sims 2820 Wilson St Carlsbad, CA 92008 Sara CTeran 305 Date Ave Carlsbad, CA 92008 CARLSBAD VILLAGE PARTNERS LLC 872 Chelsea Ln Encinitas, CA 92024 EHS Enterprises LLC 5553 Trinity Way San Diego, CA 92120 Atl3AV AH3AV-O9-008-1 ®091S lMeqe a\ anidej aB.emas e la aBejjneumue uoissajdiui Jajn and Smudge Free Printing m^mm www.avery.com r^A AVERY® 5160® Use Avery® TEMPLATE 5160® •""" 1-800-GO-AVERY \^i 2921 ROOSEVELT LTD clark R & shdley j j^pp Richard A Woolsey ^ * • j T, • MM 215 W Palm St 3521 Buena Creek Rd7040 Avemda Enemas #104 vi CA 92Q84 Carlsbad, CA 92011 & ' Richard A Woolsey Gunter Bill p Rvbum 3 521 Buena Creek Rd PO Box 749 20. Q p J „ Vista, CA 92084 San Pedro, CA 90733 Oceanside5 CA 92Q54 Hylen ALL AMERICAN ENGINEERING Leor & Ophira Lakritz 5146 Chelterham Ter 721 Mcgavran Dr PO Box 1029 San Diego, C A 92130 ' Vista, CA 92081 Tustin, CA 92781 BUTLER PROPERTIES L L C George R & Jackye E Willis 3285 Corporate Vw 2050 Laurie Cir Vista, CA 92081 Carlsbad, C A 92008 iviajkw fii\ A«3AV-O9-008-l «•_ ®09lfi ®091S ®Atl3Av vW\ uiO3IXj3Ae-MMM .^_^_ anidej afipma<; p IB afie-unormijp uoi«sjdoii CITY OF CARLSBAD NOTICE OF PUBLIC HEARING REQUEST TO AMEND THE VILLAGE FARMER'S MARKET HELD EVERY WEDNESDAY AND SATURDAY NOTICE IS HEREBY GIVEN that the Housing & Redevelopment Commission of the City of Carlsbad will hold a special Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 pm on Tuesday, September 19, 2006, to consider approval to the Housing and Redevelopment Commission of a request to amend Major Redevelopment Permit No. RP94-05(A)x3 to amend the hours of the Wednesday Farmers Market, and to eliminate the extended summer hours on Wednesday, and allow a maximum of six (6) open cooking vendors and two (2) additional non-produce vendors for both the Wednesday and Saturday Farmer's Market, which occurs in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue 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 Cliff Jones in the Housing and Redevelopment Department at (760) 434-2813. 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 15311 of the State CEQA Guidelines as placement of a minor structure accessory to an existing facility. The Design Review Board will be considering recommending approval of the environmental determination during the public hearing. If you challenge the request to amend Major Redevelopment Permit No. RP94-05(A)x3 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)x4 CASE NAME: FARMER'S MARKET GROWTH PROJECT HOUSING & REDEVELOPMENT COMMISSION 1 Housing & Redevelopment Commission September 19, 2006 Farmer’s Market Permit Amendment SITE 2 Farmer’s Market •Established in 1994 •Operated by the CVBA •Current Permit Expires in September 2009 Current Hours & Days of Operation •Wednesday Operations: –Non-Summer; 2-6pm (2nd Wed. in Sept. – last Wed. in June). Setup 1pm & Clean Up by 8pm –Summer; 2-8pm (last Wed. in June – 1 st Wed. in Sept.). Setup 1pm Clean Up by 9pm •Saturday Operations: –Year Round;8am–1pm. Setup 7am Clean Up By 2pm 3 Current Operating Conditions (Wednesday & Saturday) •Maximum No. of Booths - 33 –4 Non Produce Booths –2 Arts & Crafts Booths –1 Educational Booth –1 Promotional Booth for Village Businesses Requested Hours of Operation •Wednesday Operations: –1-5pm year-round. Setup 12pm & Clean Up By 6pm. –Non-Summer; 2-6pm (2nd Wed. in Sept. – last Wed. in June). Setup 1pm & Clean Up by 8pm –Summer; 2-8pm (last Wed. in June – 1 st Wed. in Sept.). Setup 1pm & Clean Up by 9pm •Saturday Operations (unchanged): –Year-Round;8am–1pm. Setup 7am & Clean Up By 2pm 4 Requested Operating Conditions (Wednesday & Saturday) •Maximum No. of Booths - 33 –4 6 Non Produce Booths; Open Cooking Permitted –2 Arts & Crafts Booths –1 Educational Booth –1 Promotional Booth for Village Businesses Farmer’s Market Configuration Remains •Configuration of Farmers Market will not change. –Same # of booths –Same parking lot and boundaries –Same Manager –Same signage placement 5 Farmer’s Market Summary •Well received by local merchant’s, residents, and visitors of Carlsbad. •Provides unique shopping opportunity •Encourages greater pedestrian activity. –Initial approval for 6 months. •5 year extension by H&R Director •Subsequent 5 year extensions s.t. DRB approval. Staff Recommendation •Recommending approval of project with the following conditions: