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
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WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of
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this resolution held a duly noticed public hearing to consider the recommendation and heard all persons
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interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X3; and
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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.
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2. That Major Redevelopment Permit RP 94-05(A)X4 is APPROVED and that the findings
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and conditions of the Design Review Board contained in Resolution No. 312, on file in the City Clerk's
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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
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(e) The site can be adequately served by all required utilities and public services.
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The Housing and Redevelopment Commission finds that the environmental determination
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reflects the independent judgment of the Housing and Redevelopment Commission of the City of
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Carlsbad.
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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:
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"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."
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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
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RP94-05 to allow a weekly Farmer's Market in the public parking lot located mid-block on the
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, <- 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
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Farmer's Market for five years ending on September 26,1999; and
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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
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Carlsbad Village Business Association ("Applicant") for a time extension (Fanner's Market
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RP94-05(A)X1) through September 26, 2004; and28
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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
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same location of the previously approved Farmers Market; and
9 WHEREAS, the applicant has filed an application to amend the hours of the Wednesday
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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
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WHEREAS, the Design Review Board did, on the 24m day of July, 2006, hold a
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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
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State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and
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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- '
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Board as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review
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1. That the foregoing recitations are true and correct.
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^. 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.
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CONDITIONS
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..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.
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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:
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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:
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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.
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Condition No. 9 of Housing and Redevelopment Commission Resolution No. 393 is further
27 amended to read as follows:
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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.
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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 * * * *
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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
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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-
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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
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factors relating to Farmer's Market RP94-05(A)X3.
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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-
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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-
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PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review
Board of the City of Carlsbad, California, held on the 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
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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
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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-
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DESIGN REVIEW BOARD RESOLUTION NO. 293
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A FIVE (5) YEAR TIME EXTENSION TO
SEPTEMBER 26, 2009 OF MAJOR REDEVELOPMENT PERMIT
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-
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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-
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PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review
Board of the City of Carlsbad, California, held on the 21st day of June, 2004, by the following
vote to wit:
AYES: 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-
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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
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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.
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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 ||
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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
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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
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Review Board Resolution No. 224, approving the amendments to
Redevelopment Permit RP 94-5, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the Housing and Redevelopment Commission with the following
changes and additions:
A. That the following finding is added to read as
follows!
"The Design Review Board has determined that there
will be no significant adverse affect on surrounding land uses or
the public's health and welfare as a result of the long term
continuation of the permitted use."
B. Condition No. 1 is amended to read as follows:
"The boundaries of the market shall be limited to
the public parking lot located on the east side of Roosevelt Street
(mid-block), west of the alley, between Carlsbad Village Drive and
Grand Avenue. The total number of Booths/spaces shall be limited
to the number (32-33) indicated within the application. The hours
of operation shall be every Wednesday afternoon from 2:00 to 6:00
p.m. To set up for the event and clean-up afterwards, the subject
parking lot will be closed from 1:00 p.m. to 8:00 p.m. every
Wednesday. The total number of booths, spaces or hours of
operation shall not be increased without prior amendment to this
major redevelopment permit."
C. Condition No. 2 is amended to read as follows:
"Product sales must be limited to fresh agricultural
products such as fruits, nuts, herbs, vegetables, eggs, honey, cut
flowers and nursery stock. Non-produce items such as dried fruit,
juice, dried beans, meat, fish and dairy products may be sold if
the producer has proof that he/she grew, raised, collected or
caught the product. Also, a maximum of four (4) non-produce, non-
certified product sales booths may be provided for such items as
locally made fresh bread, pastries and/or pastas; these booths
shall be limited to pre-made local goods to be consumed off-site.
No food items shall be prepared on site. The market must not be
used to sell mass produced (commercial operations) food products
which are readily available within local grocery stores or markets.
No booths for crafts, antiques, or other retail items shall be
permitted. An informational booth for Village Merchants will be
allowed for the distribution of advertisements, promotional items,
brochures, maps, etc. for other merchants within the area,
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including restaurants. One (1) educational booth may also be
permitted."
D. Condition No. 9 is amended to read as follows;
"This Major Redevelopment Permit is granted for a
period of five (5) years beginning on September 27, 1994 and ending
on September 27, 1999 and subject to cancellation at any time upon
60 days written notice. The Major Redevelopment Permit shall be
reviewed by the Housing and Redevelopment Director on a yearly
basis to determine if all conditions of this permit have been met
and that the use does not have a substantial negative affect on
surrounding properties including but not limited to parking
provisions or the public health and welfare. If the Housing and
Redevelopment Director determines that the use has such substantial
negative effects, the Housing and Redevelopment Director shall
recommend that the Design Review Board, after providing the
permittee the opportunity to be heard, add additional conditions to
reduce or eliminate the substantial negative effects. This permit
may be revoked at any time after a public hearing, if it is found
that the use has a substantial detrimental affect on surrounding
land uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended by
the Design Review Board thereafter for a reasonable period of time
not to exceed five (5) years upon written application of the
permittee made no less than 90 days prior to the expiration date.
The Design Review Board may not grant such extensions, unless it
finds that there are no substantial negative affects on surrounding
land uses or the public's health and welfare. If a substantial
negative affect on surrounding land uses or the public's health and
welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such
effects. There is no limit to the number of extensions the Design
Review Board may grant."
E. Condition No. 10 is added to read as follows:
"The Village Business Association shall be
responsible for providing (at its own cost) and posting a minimum
of three (3) parking directional signs every Wednesday prior to the
Farmer's Market. The Association shall ensure that these signs
remain in place for the entire period of the Market every
Wednesday. These signs shall be of professional quality and shall
be at least three feet (width) by four feet (height) in size. A
minimum of one (1) sign shall be placed at the south entrance to
the Alley (east of the project site) and a minimum of one (1) sign
shall be placed at the north entrance to the Alley (east of the
project site). A minimum of one (1) sign shall also be provided at
the Madison Street entrance to the Great Western Bank property
located at 699 Grand Avenue. Sign copy must be pre-approved by the
Housing and Redevelopment Director. The Association shall also be
responsible for distribution of information regarding other public
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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
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proceedings shall be filed with the City
Clerk, City of Carlsbad, 1200 Carlsbad village
Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
Housing and Redevelopment Commission of the City of Carlsbad on the
20th day of JUNE 1995, by the following vote, to wit:
AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
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. , .
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DESIGN REVIEW BOARD RESOLUTION NO. 224
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF AN
AMENDMENT TO MAJOR REDEVELOPMENT PERMIT 94-05 TO
EXTEND THE TERM FOR THE WEEKLY FARMER'S MARKET AND
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
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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
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. 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
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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.
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DRB Resolution No.223
Page 2
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2. The Design Review Board finds that the Negative Declaration (RP 94-05) reflects
the independent judgment of the Design Review Board of the City of Carlsbad.
3. The Record of Proceedings for this project consists of the initial study, EIA Part
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
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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.
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2. That the above referenced project is approved and
that the findings and conditions of the Design Review Board in
Resolution No. 215 approving Redevelopment Permit RP 94-5, on file
with the City clerk and incorporated herein by reference, are the
findings and conditions of the Housing and Redevelopment Commission
with the following changes:
A. Condition No. 1 is amended to read as follows:
"The boundaries of the market shall be limited to
the public parking lot located on the east side of Roosevelt Street
(mid-block), west of the alley, between Carlsbad Village Drive and
Grand Avenue. The total number of booths/spaces shall be limited
to the number (32-33) indicated within the application. The hours
of operation shall be every Wednesday afternoon from 3:00 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.
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3. This action of approval is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this
decision must be sought is governed by Code of
Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad
by Carlsbad Municipal Code Chapter 1.16. Any
petition or other paper seeking judicial
review must be filed in the appropriate court
not later than the ninetieth day following the
date on which this decision becomes final;
however, if within ten days after the decision
becomes final a request for the record of the
proceedings accompanied by the required
deposit in an amount sufficient to cover the
estimated cost of preparation of such record,
the time within which such petition may be
filed in court is extended to not later than
the thirtieth day following the date on which
the record is either personally delivered or
mailed to the party, or his attorney of
record, if he has one. A written request for
the preparation of the record of the
proceedings shall be filed with the City
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.
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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
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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
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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
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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?"
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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
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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,
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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!
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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
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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: