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HomeMy WebLinkAbout2008-12-16; Housing & Redevelopment Commission; 411; Farmers Market Permit Amendment and ExtensionHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILLf 3 AB# 411 MTG. 12/16/08 DEPT. H/RED VILLAGE FARMER'S MARKET MAJOR REDEVELOPMENT PERMIT AMENDMENT AND EXTENSION (RP 94-05(A)x5) DEPT. HEAD faK& CITYATTY. ^^ CITY MGR. • ^__ RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No 461. APPROVING a Major Redevelopment Permit Amendment (RP 94-05(A)x5) to the 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. Amendment request is to revise the hours of the Saturday Farmer's Market from 9:00 AM -1:00 PM to 1:00 PM - 5:00 PM, to extend the expiration date of the Redevelopment Permit for the Saturday Farmer's Market to September 19, 2011, and to add a condition requiring a 2:1 ratio of certified agricultural product booths to non-certified product and informational booths for both markets. ITEM EXPLANATION: 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. An additional day, Saturday, was added to the weekly Farmer's Market in May of 2005. The latest amendment to the Farmer's Market Redevelopment Permit was approved on September 19, 2006, where the Housing and Redevelopment Commission granted final approval to allow two (2) additional non-produce product sales vendors (creating six (6) non-produce vendors total). Also, as a condition with this approval, the Housing and Redevelopment Director was able to review the operations of the Wednesday market and grant an extension of no more than five (5) years if the conditions of the permit had been met. The Housing and Redevelopment Director made a determination that the conditions had been met and granted an extension of the permit for the Wednesday market and is set to expire on September 19, 2011. The Saturday Market Permit was set to expire on September 19, 2008. On October 27, 2008, the Design Review Board (DRB) conducted a public hearing to consider a request to 1) amend the hours of the Saturday Farmers Market from 9am to 1pm to 1pm to 5pm; 2) extend the expiration date of the Redevelopment Permit for the Saturday Farmer's Market from September 18, 2008 to September 19, 2011; and, 3) to add a condition requiring a 2:1 ratio of certified agricultural product booths to non-certified product and informational booths for both markets. At the public hearing, the Design Review Board members voted 5-0 to recommend approval of the project as proposed and recommended by Staff. The approving resolution along with the Design Review Board staff report, and the draft minutes of the October 27th meeting are attached for the Commission's review. DEPARTMENT CONTACT: Austin Silva 760-434-2813; asilv@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED aa D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 The Carlsbad Village Business Association (CVBA) is the official sponsor of the Farmer's Market event. The Saturday Farmer's Market currently takes place every Saturday morning from 9:00 a.m. to 1:00 p.m. The CVBA intends to begin the revised hours from 1pm to 5pm as soon as they are approved by the Commission. The Farmer's Market has been held in the mid-block public parking lot on Roosevelt Street for over 14 years. 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. FISCAL IMPACT: It is anticipated that 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 as more customers visit the local businesses. ENVIRONMENTAL IMPACT: 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 has been completed. The Planning Director has subsequently made a determination that the proposed project is exempt under CEQA Section 15061 as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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. 461 APPROVING RP94-05(A)x5 2. Design Review Board Resolution No. 333, dated October 27, 2008 3. Design Review Board Staff Report, dated October 27, 2008 with attachments 4. Draft Design Review Board Minutes, dated October 27, 2008 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 461 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)X5) TO ALLOW THE VILLAGE FARMER'S MARKET TO REVISE THE HOURS OF THE SATURDAY FARMER'S MARKET, TO 5 EXTEND THE EXPIRATION DATE OF THE REDEVELOPMENT PERMIT FOR THE SATURDAY FARMER'S MARKET, AND TO ADD 6 A CONDITION REQUIRING A 2:1 RATIO OF CERTIFIED AGRICULTURAL PRODUCT BOOTHS TO NON-CERTIFIED 7 PRODUCT AND INFORMATIONAL BOOTHS FOR THE WEDNESDAY AND SATURDAY FARMER'S MARKET HELD IN THE VILLAGE 8 REDEVELOPMENT AREA 9 APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION 1Q CASE NO: RP 94-05(A)X5 j j WHEREAS, on October 27, 2008, the City of Carlsbad Design Review Board held a duly noticed 12 public hearing to consider a Major Redevelopment Permit Amendment (RP 94-05(A)X5) to amend the 13 hours of the Saturday Farmer's Market, to extend the expiration date of the Redevelopment Permit for 14 the Saturday Farmer's Market, and to add a condition requiring a 2:1 ratio of certified agricultural 15 product booths to non-certified product and informational booths for the Wednesday and Saturday Farmer's Market which occurs in the public parking lot located mid-block on the east side of Roosevelt 17 Street between Carlsbad Village Drive and Grand Avenue, and adopted Design Review Board Resolution 18 No. 333 recommending to the Housing and Redevelopment Commission that the amendment to Major 19 Redevelopment Permit RP 94-05(A)X4 be approved with conditions; and 20 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of 21 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons 22 interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X4; and £3 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 26 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 27 requirement for preparation of environmental documents pursuant to Section 15061 of the State CEQA 28 Guidelines, as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 3 Commission of the City of Carlsbad, California as follows: 4 1. That the foregoing recitations are true and correct. 5 2. That Major Redevelopment Permit RP 94-05(A)X5 is APPROVED and that the findings 6 and conditions of the Design Review Board contained in Resolution No. 333, on file in the City Clerk's 7 Office and incorporated herein by reference, are the findings and conditions of the Housing and8 Redevelopment Commission. , n 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 11 analyzed and considered the environmental determination for this project and any comments thereon. 12 The Housing and Redevelopment Commission finds that: 13 (a) The project is consistent with the applicable general plan designation and all 14 applicable general plan policies as well as with applicable zoning designation and regulations; 15 (b) The proposed development is the placement of a minor structure accessory to an existing facility, and will not have any adverse significant impact on the environment; 17 (c) The project site has no value as habitat for endangered, rare or threatened species; 18 (d) Approval of the project would not result in any significant effects relating to traffic, 19 noise, air quality, or water quality; and 20 (e) The site can be adequately served by all required utilities and public services. 21 The Housing and Redevelopment Commission finds that the environmental determination 22 reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. jt- 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment 2g Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 27 Review" shall apply: 28 -2- 1 NOTICE TO APPLICANT: 2 "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper 4 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 5 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 6 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 7 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."8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 16th day of December, 2008, by the following vote, to wit: AYES: Commission Members Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Commission Member Packard. EAUDE A LEWIS, Chairman ATTEST: J3A HILQABRAND.tSecretary 1 DESIGN REVIEW BOARD RESOLUTION NO. 333 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR 4 REDEVELOPMENT PERMIT NO. RP 94-05(A)X4 TO ALLOW THE VILLAGE FARMER'S MARKET TO REVISE THE HOURS 5 OF THE SATURDAY FARMER'S MARKET, TO EXTEND THE 6 EXPIRATION DATE OF THE REDEVELOPMENT PERMIT FOR THE SATURDAY FARMER'S MARKET, AND TO MODIFY THE 7 REQUIRED RATIO OF CERTIFIED AGRICULTURAL PRODUCT BOOTHS TO NON-CERTIFIED PRODUCT AND 8 INFORMATIONAL BOOTHS FOR THE WEDNESDAY AND o SATURDAY FARMER'S MARKET HELD IN THE VILLAGE REDEVELOPMENT AREA 10 CASE NAME: FARMER'S MARKET APN: 203-304-02,03,04,05 11 CASE NO: RP 94-05(A)X5 12 WHEREAS, on September 27,1994, the Housing and Redevelopment Commission of 13 the City of Carlsbad held a duly noticed public hearing and approved a Major Redevelopment 14 Permit RP94-05 to allow a Wednesday Farmer's Market in the public parking lot located mid- 16 • block on the east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and 17 Grand Avenue; and 18 WHEREAS, on May 10, 2005, approved a Saturday Farmer's Market; and through 19 subsequent amendments to Major Redevelopment Permit RP 94-05 the Housing and 20 Redevelopment Commission and/or the Design Review Board of the City of Carlsbad, had 21 extended the term of the Village Farmer's Market on several occasions with the current 23 expiration date for the Wednesday market set at September 19, 2011 and the Saturday market set 24 at September 19, 2008 ye WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did, 26 on the September 19, 2006 adopt Resolution No. 427 amending said Major Redevelopment 27 28 7 * Permit RP 94-05 to allow open cooking vendors and two (2) additional non-produce vendors 2 during the Wednesday and Saturday Farmer's Market; and 3 WHEREAS, the applicant has filed an application to amend Major Redevelopment 4 Permit RP 94-05 to revise the hours of the Saturday Fanner's Market from the current 9:00 AM - 6 1:00 PM to the new 1:00 PM - 5:00 PM and to extend the expiration date of the Redevelopment 7 Permit for the Saturday market to September 19, 2011 which occurs in the public parking lot ^ located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and 9 Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area.; and 10 WHEREAS, the Design Review Board did, on the 27 day of October, 2008, hold a 11 duly noticed public hearing to consider said request on public property described as: 13 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 14 thereof No. 775, filed in the Office of the County Recorder of San Diego County. 15 WHEREAS, the Planning Director has determined that the project is EXEMPT from the 16 requirements of the California Environmental Quality Act (GEQA) per Section 15311 of the 17 State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and 18 will not have any adverse significant impact on the environment; 20 WHEREAS, at said public hearing, upon listening to and considering all testimony and 21 arguments, if any, of all persons desiring to be heard, said Design Review Board considered all 22 factors relating to Farmer' s Market RP94-05(A)X5. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 24 Board as follows: 25 0, 1. That the foregoing recitations are true and correct.2o 27 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission 28 Major Redevelopment Permit No. RP 94-05(A)X5 to allow for the Village Farmer's DRB RESO NO. 333 -2- 8 Market to revise the hours of the Saturday Fanner's Market, and to extend the 2 expiration date of the Redevelopment Permit to September 19, 2011 for the Saturday Farmer's Market held in the Village Redevelopment Area, based upon the following 3 findings and subject to the following conditions: 4 FINDINGS The Design Review Board hereby determines that the previous findings and applicable 5 conditions for Redevelopment Permit RP 94-05(A)X5 and all subsequent approvals, on file with the City Clerk, remain applicable to the project and are hereby incorporated 7 by reference, except whereby amended as set forth below. 8 CONDITIONS 9 If any of the following conditions fail to occur, or if they are, by their terms, to be 10 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Commission shall have the right to revoke or modify all approvals herein granted and/or deny or further condition the issuance of any future permits. 13 2. Staff is authorized and directed to make, or require the market operator to make, all corrections and modifications to the application documents, as necessary to make them 14 internally consistent and in conformity with the final action on the project. The Farmer's Market shall occur substantially as shown on the approved Exhibits. Any proposed operation of the market which is different from this approval, shall require an amendment to this approval. 17 3. Applicant 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 Commission arising, directly or indirectly, from (a) Commission's approval and issuance of this Redevelopment Permit RP 04- 20 05(A)X5, or (b) Commission's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This 21 obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.22 J 23 4. There shall be a minimum ratio of 2:1 for certified agricultural product booths to non- certified product and informational booths at all times of the Wednesday and Saturday 24 Farmer's Market. For every one (1) non-certified farmer's market booth, there shall be at least two (2) certified farmer's market booths. 25 2/r 5. All previous conditions approved for the project shall remain in full force and effect, with the following exceptions: 27 28 DRB RESO NO. 333 -3- 1 1 Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further 2 amended to read as follows: 3 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 4 Grand Avenue. The total number of booth spaces shall be limited to the number (33) indicated within the application. Two (2) of the booths may be utilized for the selling of hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be 6 every Saturday 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 from 12:00 p.m. to 6:00 p.m. The 7 hours of operation for 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 from 12:00 noon to 6:00 p.m. every Wednesday. Extended summer hours of o operation from previous approval are omitted. The total number of booths, spaces or hours of operation for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not 10 be increased without prior amendment to this major redevelopment permit. 11 Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further 12 amended to read as follows: 13 Product sales must be limited to fresh certified agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Certified non-produce items 14 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-certified product sales booths may be provided for such items as 16 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 17 allowing these 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 are readily available within local grocery stores or markets. Two (2) booths 19 for the selling of hand made arts and crafts are allowed during all hours of operation of this permit. An informational booth for Village Merchants will be allowed for the distribution of 20 advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also be permitted. 21 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 is further amended to read as follows: 23 This time extension to amended Major Redevelopment Permit No. RP 94-05(A)x4 is granted 24 for to allow the Wednesday and Saturday markets to operate until September 19, 2011 and shall be 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 26 yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant negative affect on surrounding properties including but not limited to 27 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 28 DRB RESO NO. 333 -4- 10 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 3 || 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 4 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 7 || 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. * * * *9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 333 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of October, 2008, by the following vote to wit: AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON NOES: NONE ABSENT: NONE ABSTAIN: NONE ANTHONY LAWSON, CHAIRPERSON CARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 333 -6- 12. City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: 08/13/2008 Environmental Review: Categorically Exempt Staff: Austin Silva Assistant Planner ITEM NO. 1 DATE: October 27, 2008 SUBJECT: RP 94-05(A)X5 - "FARMER'S MARKET CHANGE OF HOURS AND EXTENSION OF PERMIT": Request to amend Major Redevelopment Permit No. RP 94-05(A)x4 for the Village 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. Amendment request is to revise the hours of the Saturday Farmer's Market from 9:00 AM -1:00 PM to 1:00 PM - 5:00 PM, to extend the expiration date of the Redevelopment Permit for the Saturday Farmer's Market to September 19, 2011, and to modify the required ratio of certified agricultural product booths to non-certified product and informational booths for both markets. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 333 recommending Approval of Major Redevelopment Permit No. RP 94-05(A)x5 to amend the hours of the Saturday Farmers Market, and to extend the expiration date of the Redevelopment Permit to September 19, 2011. 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. An additional day, Saturday, was added to the weekly Farmer's Market in May of 2005. The latest amendment to the Farmer's Market Redevelopment Permit was approved RP 94-05(A)x5 - FARMER'S MARKET CHANGE OF HOURS AND EXTENSION OF PERMIT OCTOBER 27, 2008 PAGE 2 on September 19, 2006, where the Housing and Redevelopment Commission granted final approval to allow two (2) additional non-produce product sales vendors (creating six (6) non-produce vendors total). Also, as a condition with this approval, the Housing and Redevelopment Director was able to review the operations of the Wednesday market and-grant an extension of no more than five (5) years if the conditions of the permit had been met. The Housing and Redevelopment Director made a determination that the conditions had been met and granted an extension of the permit for the Wednesday market and is set to expire on September 19, 2011. The Saturday Market Permit was set to expire on September 19, 2008. Due to the long history and to reduce confusion, the conditions which currently apply to the two markets are noted below: • Wednesday market hours: 1:00 PM to 5:00 PM • Saturday market hours: 9:00 AM to 1:00 PM • 33 total booths allowed at both markets • 23 booths limited to fresh certified agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Certified 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. • Six (6) non-certified product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas. • Two (2) booths for the selling of hand made arts and crafts. • One (1) informational booth for Village Merchants will be allowed for the distribution of or display of advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. • One (1) educational booth may also be permitted. The current proposal is a request by the applicant to amend the hours of the Saturday Farmer's Market from 9:00 AM - 1:00 PM to 1:00 PM - 5:00 PM, to extend the expiration date of the Saturday Farmer's Market to September 19, 2011, and to modify the required ratio of certified agricultural product booths to non-certified product and informational booths based upon staffs recommendation. 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 Saturday 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 Saturday Farmer's Market to begin at 1:00pm and end at 5:00 PM, to operate the Farmers Market within the Village. The existing permit currently allows the CVBA to operate the Farmer's Market every Saturday morning from 9:00 AM to 1:00 PM. The CVBA has had difficulty in attracting produce vendors to the Saturday market because of competition from already established farmer's markets in other RP 94-05(A)x5 - FARMER'S MARKET CHANGE OF HOURS AND EXTENSION OF PERMIT OCTOBER 27, 2008 PAGE 3 cities. By having the Saturday Farmer's Market at a later time, the CVBA would be in a better position to attract produce vendors to the Saturday market as there are not any nearby cities with a farmer's market at that time and day of the week. Request to extend Redevelopment Permit expiration date The original term for the Saturday Framer's Market was set to expire on September 19, 2008 based on direction by the Housing and Redevelopment Commission which authorized the Housing and Redevelopment Director to set an expiration date according to compliance with conditions of permit approval. The Saturday market has not been successful. Therefore, the Director determined that the permit for the Saturday market expire earlier than the Wednesday market. The CVBA has requested a change in hours with the hope of improving the success of the Saturday market. As a result, they have also requested an extension of the expiration date so that their permit will run until September 19, 2011 and coincide with the expiration date of the Wednesday Farmer's Market. This will prevent the CVBA from having to come and amend their permit at separate times for the two different days that the Farmer's Market is held and give them additional time to test the new hours Summary City staff is supporting the requested amendment to extend the expiration date of the Redevelopment Permit for the Saturday Farmer's Market to September 19, 2011. 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. Staff recently conducted a parking count at the two public parking lots on Roosevelt Street on two consecutive Saturdays every hour between the hours of 1:00 PM and 6:00 PM. Parking lot A (corner of Carlsbad Village Drive and Roosevelt Street) had an average capacity of 62% while parking lot B had an average capacity of 9% over both weekends. Please see the attached parking count spreadsheet for more details on the parking count. Based on the parking counts for Saturday at the new time proposed for the market, staff does not believe the change in hours will have a negative impact on public parking availability. To ensure a better measurement for success as a certified Farmer's Market, staff is proposing an added condition which states that the number of certified agricultural product booths must be double the number of non-certified product and informational booths during all hours of the market. In other words, for every non-certified product and informational booth, there shall be at least two certified agricultural product booths. There has been an ongoing issue that arts and crafts booths and/or non-certified agricultural products have been more prevalent at the Saturday market which causes concern that the market was becoming something other than a certified Farmer's Market as permitted. Therefore by adding this condition on the ratio of certified agricultural products to non-certified products, staff believes the concern will be addressed by ensuring a majority of certified products. RP 94-05(A)x5 - FARMER'S MARKET CHANGE OF HOURS AND EXTENSION OF PERMIT OCTOBER 27, 2008 PAGE 4 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. V. ENVIRONMENTAL REVIEW 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 has been completed. The Planning Director has subsequently made a determination that the proposed project is exempt under CEQA Section 15061 as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Staff conducted a parking study for two public parking lots that would be most affected by the Farmer's Market and determined there will be adequate parking available during the new hours for the Saturday Farmer's Market. 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 provided elsewhere in the City of Carlsbad. The nature of the use has also helped to encourage greater pedestrian activity in the area, therefore, enhancing the overall Village character. The CVBA has collected over 400 signatures from North County residents who support the continuance of the Saturday Farmer's Market. In addition, 18 signatures have been collected from local farmers who have committed to sell at the market if the operation time is moved to the afternoon and another 11 signatures from farmers who have indicated interest in coming to the Saturday market. RP 94-05(A)x5 - FARMER'S MARKET CHANGE OF HOURS AND EXTENSION OF PERMIT OCTOBER 27, 2008 PAGES With later Saturday operating hours and an extension of their Redevelopment Permit, the Farmers Market will provide 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. 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. 333 recommending Approval of Major Redevelopment Permit No. RP 94-05(A)x5 to amend the hours of the Saturday Farmers Market, and to extend the expiration date of the Redevelopment Permit to September 19, 2011 Saturday Farmer's Market held in the Village Redevelopment Area. EXHIBITS A. Design Review Board Resolution No. 333 recommending approval of Major Redevelopment Permit No. RP94-05(A)x5 to amend the hours of the Saturday Farmers Market, and to extend the expiration of the Redevelopment Permit of the Saturday Market to September 19, 2011 for the Farmer's Market in the Village Redevelopment Area. B. Previous Housing and Redevelopment Commission Resolutions of Approval: Resolution Nos. 258, 270, 387, 393 and 427 C. Previous Design Review Board Resolutions of Approval: Resolution Nos. 215, 223, 269, 293, 296 and 312 D. Application from the Carlsbad Village Business Association dated August 13, 2008 requesting an amendment to RP 94-05(A)x4. E. Public input letter F. Parking count for Lots A & B G. Location Map H. Site Plan 17 1 DESIGN REVIEW BOARD RESOLUTION NO. 333 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR 4 REDEVELOPMENT PERMIT NO. RP 94-05(A)X4 TO ALLOW THE VILLAGE FARMER'S MARKET TO REVISE THE HOURS OF THE SATURDAY FARMER'S MARKET, TO EXTEND THE 6 EXPIRATION DATE OF THE REDEVELOPMENT PERMIT FOR THE SATURDAY FARMER'S MARKET, AND TO MODIFY THE 7 REQUIRED RATIO OF CERTIFIED AGRICULTURAL PRODUCT BOOTHS TO NON-CERTIFIED PRODUCT AND 8 INFORMATIONAL BOOTHS FOR THE WEDNESDAY AND 9 SATURDAY FARMER'S MARKET HELD IN THE VILLAGE REDEVELOPMENT AREA 10 CASE NAME: FARMER'S MARKET APN: 203-304-02, 03, 04, 05 11 CASE NO: RP 94-05(A)X5 12 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of 13 the City of Carlsbad held a duly noticed public hearing and approved a Major Redevelopment 14 1 <- Permit RP94-05 to allow a Wednesday Farmer's Market in the public parking lot located mid- 16 block on the east side of Roosevelt Street, west of the alley, between Carlsbad Village Drive and 17 Grand Avenue; and 18 WHEREAS, on May 10, 2005, approved a Saturday Farmer's Market; and through 19 subsequent amendments to Major Redevelopment Permit RP 94-05 the Housing and 20 Redevelopment Commission and/or the Design Review Board of the City of Carlsbad, had 22 extended the term of the Village Farmer's Market on several occasions with the current 23 expiration date for the Wednesday market set at September 19, 2011 and the Saturday market set 24 at September 19,2008 25 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad did, 26 on the September 19, 2006 adopt Resolution No. 427 amending said Major Redevelopment 27 28 Permit RP 94-05 to allow open cooking vendors and two (2) additional non-produce vendors 2 during the Wednesday and Saturday Farmer's Market; and 3 WHEREAS, the applicant has filed an application to amend Major Redevelopment 4 Permit RP 94-05 to revise the hours of the Saturday Farmer's Market from the current 9:00 AM - 6 1:00 PM to the new 1:00 PM - 5:00 PM and to extend the expiration date of the Redevelopment 7 Permit for the Saturday market to September 19, 2011 which occurs in the public parking lot o located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and 9 Grand Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area.; and 10 WHEREAS, the Design Review Board did, on the 27th day of October, 2008, hold a 11 7 duly noticed public hearing to consider said request on public property described as: 13 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 14 thereof No. 775, filed in the Office of the County Recorder of San Diego County. 15 WHEREAS, the Planning Director has determined that the project is EXEMPT from the 16 requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the 17 State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and 18 1 Q will not have any adverse significant impact on the environment; 20 WHEREAS, at said public hearing, upon listening to and considering all testimony and 21 arguments, if any, of all persons desiring to be heard, said Design Review Board considered all 22 factors relating to Farmer's Market RP94-05(A)X5. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 24 Board as follows: 25 26 1. That the foregoing recitations are true and correct. 27 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission 28 Major Redevelopment Permit No. RP 94-05(A)X5 to allow for the Village Farmer's DRB RESO NO. 333 -2-n Market to revise the hours of the Saturday Farmer's Market, and to extend the 2 expiration date of the Redevelopment Permit to September 19, 2011 for the Saturday Farmer's Market held in the Village Redevelopment Area, based upon the following 3 findings and subject to the following conditions: 4 FINDINGS The Design Review Board hereby determines that the previous findings and applicable 6 conditions for Redevelopment Permit RP 94-05(A)X5 and all subsequent approvals, on file with the City Clerk, remain applicable to the project and are hereby incorporated 7 by reference, except whereby amended as set forth below. 8 CONDITIONS 9 If any of the following conditions fail to occur, or if they are, by their terms, to be 10 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Commission shall have the right to revoke or modify all approvals herein granted and/or deny or further condition the issuance of any future permits. 13 2. Staff is authorized and directed to make, or require the market operator to make, all corrections and modifications to the application documents, as necessary to make them 14 internally consistent and in conformity with the final action on the project. The Farmer's Market shall occur substantially as shown on the approved Exhibits. Any proposed operation of the market which is different from this approval, shall require an amendment to this approval. 17 3. Applicant 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 Commission arising, directly or indirectly, from (a) Commission's approval and issuance of this Redevelopment Permit RP 04- 20 05(A)X5, or (b) Commission's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. This 21 obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 23 4. There shall be a minimum ratio of 2:1 for certified agricultural product booths to non- certified product and informational booths at all times of the Wednesday and Saturday 24 Farmer's Market. For every one (1) non-certified farmer's market booth, there shall be at least two (2) certified farmer's market booths. 25 5. All previous conditions approved for the project shall remain in full force and effect, with the following exceptions: 27 28 DRB RESO NO. 333 -3- Condition No. 1 of Housing and Redevelopment Commission Resolution No. 393 is further 2 amended to read as follows: 3 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 4 Grand Avenue. The total number of booth spaces shall be limited to the number (33) indicated within the application. Two (2) of the booths may be utilized for the selling of hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be 6 every Saturday 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 from 12:00 p.m. to 6:00 p.m. The 7 hours of operation for 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 from 12:00 noon to 6:00 p.m. every Wednesday. Extended summer hours of 9 operation from previous approval are omitted. The total number of booths, spaces or hours of operation for the Wednesday Farmers Market and/or Saturday Farmer's Market shall not 10 be increased without prior amendment to this major redevelopment permit. Condition No. 2 of Housing and Redevelopment Commission Resolution No. 393 is further i ~ amended to read as follows: 13 Product sales must be limited to fresh certified agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Certified non-produce items ^4 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-certified product sales booths may be provided for such items as 16 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 17 allowing these 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 are readily available within local grocery stores or markets. Two (2) booths i Q for the selling of hand made arts and crafts are allowed during all hours of operation of this permit. An informational booth for Village Merchants will be allowed for the distribution of 20 advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also be permitted. 21 ~2 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 is further amended to read as follows: 23 This time extension to amended Major Redevelopment Permit No. RP 94-05(A)x4 is granted 24 for to allow the Wednesday and Saturday markets to operate until September 19, 2011 and shall be 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 26 yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant negative affect on surrounding properties including but not limited to 27 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 and28 DRBRESONO. 333 -4- ^\ Redevelopment Director shall recommend that the Design Review Board, after providing the 2 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 3 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 6 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 7 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. 9 **** 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 333 -5- 1 PASSED, APPROVED AND ADOPTED at a meeting of the Design Review Board of 2 the City of Carlsbad, California, held on the 27th day of October, 2008, by the following vote to 3 wit: 4 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 TONY LAWSON, CHAIRPERSON CARLSBAD DESIGN REVIEW BOARD 11 12 ATTEST: 13 14 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 333 -6- 9 I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 258 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 94- 5) TO ALLOW A FARMER'S MARKET IN THE PUBLIC PARKING LOT LOCATED ON THE EAST SIDE OF ROOSEVELT STREET (MID-BLOCK), WEST OF THE ALLEY, BETWEEN CARLSBAD VILLAGE DRIVE AND GRAND AVENUE. APPLICANT: FARMER'S MARKET CASE NO; RP 94-5 WHEREAS, on August 17, 1994 the Design Review Board of the City of Carlsbad held a duly noticed public hearing to consider a Redevelopment Permit (RP 94-5) to allow a Farmer's Market in the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and Grand Avenue and adopted Design Review Board Resolution No. 215 recommending to the Housing and Redevelopment Commission that Redevelopment Permit (RP 94-5) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on September 20, 1994, held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to RP 94-5; and WHEREAS, the project was categorically exempt from environmental review per Section 15304(e) of the State of California Environmental Quality Act. If the project becomes a permanent/on-going activity, an additional CEQA review will be completed to determine the effect of a longer term project on surrounding land uses or the public's health and welfare. NOW, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the above referenced project is approved and that the findings and conditions of the Design Review Board in Resolution No. 215 approving Redevelopment Permit RP 94-5, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the following changes: A. Condition No. 1 is amended to read as follows: "The boundaries of the market shall be limited to the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and Grand Avenue. The total number of booths/spaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 3:00 p.m. to 6:00 p.m.. To set-up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit." B. Condition No. 4 is amended to read as follows: "The village Business Association shall be solely responsible for the set-up and clean-up of the event. These responsibilities include posting of signs as well as trash collection, removal and disposal so that the parking lot is completely free of trash and debris at the conclusion of the event. Any damage to the parking lot(s), landscaping or irrigation shall be repaired by the City but must be paid for by the Association (as sponsor of event)." C. Condition No. 8 is amended to read as follows: "'No Parking TOW AWAY' signs which include the date and time of restriction must be posted 72 hours in advance of the beginning of the parking restriction. The Village Business Association shall be completely responsible for posting the signs and ensuring that they remain in place during the entire 72 hour period; missing or vandalized signs must be replaced by the applicant. The Association shall also be responsible .for notifying the Carlsbad Police Department each week when the signs are 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." 2. 1 3. This action of approval is final the date this 2 resolution is adopted by the City Council. The provision of 3 Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for 4 Judicial Review" shall apply: 5 "NOTICE TO APPLICANT" 5 "The time within which judicial review of this decision must be sought is governed by Code of 7 Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad 8 by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial 9 review must be filed in the appropriate court not later than the ninetieth day following the 10 date on which this decision becomes final; however, if within ten days after the decision 11 becomes final a request for the record of the proceedings accompanied by the required 12 deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 27th day of SEPTEMBER 1994, by the following vote, to wits AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None 28 RAYMOND R~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 270 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(A) 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 Fanner's Market and to allow four non- certified, non-produce booths at the market located within the Village; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on June 13, 1995 held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to an amendment to Major Redevelopment Permit RP 94-5; and WHEREAS, a Negative Declaration was issued on March 16, 1995 and submitted to the State Clearinghouse for a 30 day review period. No comments were received on the environmental documents. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the above referenced amendments are approved and that the findings and conditions of the Design Review Board in Resolution No. 223, approving the negative declaration, and Design 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Review Board Resolution No. 224, approving the amendments to Redevelopment Permit RP 94-5, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the following changes and additions: A. That the following finding is added to read as follows! "The Design Review Board has determined that there will be no significant adverse affect on surrounding land uses or the public's health and welfare as a result of the long term continuation of the permitted use." B. Condition No. 1 is amended to read as follows: "The boundaries of the market shall be limited to the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and Grand Avenue. The total number of booths/spaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 2:00 to 6:00 p.m. To set up for the event and clean-up afterwards, the subject parking lot will be closed from 1:00 p.m. to 8:00 p.m. every Wednesday. The total number of booths, spaces or hours of operation shall not. be increased without: prior amendment to this major redevelopment permit." C. Condition No. 2 is amended to read as follows: "Product sales must be limited to fresh agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Non-produce items such as dried fruit, juice, dried beans, meat, fish and dairy products may be sold if the producer has proof that he/she grew, raised, collected or caught the product. Also, a maximum of four (4) non-produce, non- certified product sales booths may be provided for such items as locally made fresh bread, pastries and/or pastas; these booths shall be limited to pre-made local goods to be consumed off-site. No food items shall be prepared on site. The market must not be used to sell mass produced (commercial operations) food products which are readily available within local grocery stores or markets. No booths for crafts, antiques, or other retail items shall be permitted. An informational booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures, maps, etc. for other merchants within the area, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including restaurants. permitted." One (1) educational booth may also be 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 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parking lots in the area and for encouraging shoppers to park in these lots." 3. A complete list of all conditions is attached to this resolution as Exhibit "A". 4. This action of approval is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 20th day of JUNE 1995, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None [JUJDE A. LEWIST President ATTEST: RAYMjSND 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 arethose which are allowed by the C-l, 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 isadequate 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 term continuation of the permitted use. CONDITIONS No. 1 The boundaries of the market shall be limited to -the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and Grand Avenue. The total number of booths/spaces shall be limited to the number (32-33) indicated within the application. The hours of operation shall be every Wednesday afternoon from 2:00 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 (1) 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 priorto 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 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. 57 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 387 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION o 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} 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 15 interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X2; and 16 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 j 9 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 20 requirement for preparation of environmental documents pursuant to Section 15301 of the State CEQA 21 Guidelines as the continuation of an existing use. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 23 Commission of the City of Carlsbad, California as follows: ^ 1. That the foregoing recitations are true and correct. 25 2. That an amendment to Major Redevelopment Permit RP 94-05(A)X2 is APPROVED and 26 that the findings and conditions of the Design Review Board contained in Resolution No. 293, on file in 27 28 the City Clerk's Office and incorporated herein by reference, are the findings and conditions of the 2 Housing and Redevelopment Commission except that two (2) booths for the selling of hand made arts 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; I n (b) The proposed development is the continuation of an existing use; I1 (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 '" 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 2/5 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." HRCRESONO. 387 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 13th day of July , 2004 by the following vote to wit: AYES:Commissioners Lewis, Kulchin and Hall NOES: None ABSENT: Commissioners Pinnila and Packard ABSTAIN: None , CHAIRMAN ATTEST: TT, SECRETARY (SEAL) HRCRESONO. 387 -3- 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 393 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION 3 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: RP 94-05f A)X3 6 WHEREAS, on March 28, 2005, the City of Carlsbad Design Review Board held a duly noticed 7 public hearing to consider Major Redevelopment Permit RP 94-05(A)X3 to add an additional day to the o weekly Farmer's Market, to be held on Saturday's hi 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 15 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 17 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 1 Housing and Redevelopment Commission, except that Condition No. 1 of Housing and the City Clerk's Office and incorporated herein by reference, are the findings and conditions of the 2 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 Farmer's Market hours of operation shall be every Saturday from 10 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: "The Saturday Fanner's Market approval is granted based upon an understanding 20 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 Fanner'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 28 applicable general plan policies as well as with applicable zoning designation and regulations; HRC RESO NO. 393 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The proposed development is the placement of a minor structure accessory to an existing facility, and will not have any adverse significant impact on the environment; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. The Housing and Redevelopment Commission finds that the environmental determination reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of die proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." HRCRESONO. 393 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13J 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 10th day of May , 2005 by the following vote to wit: AYES: Commissioners Hall, Kulchln, Hall, Slgafoose NOES: None ABSENT: Commissioner Lewis ABSTAIN: None ]iMANc E A. LEWIS,CLAUDE A. LEWIS, CHAIRMAN MATT HALL, Vice-Chairman ATTEST: RAYMOND R. PATCHETT, SECRETARY (SEAL) HRCRESONO. 393 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 427 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR REDEVELOPMENT PERMIT AMENDMENT (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 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. APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION CASE NO: RP94-05fA)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 hours of the Wednesday Fanner'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, 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 conditions; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to an amendment to Major Redevelopment Permit RP 94-05(A)X3; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15311 of the State CEQA Guidelines, as placement of a minor structure accessory to an existing facility, and will not have any adverse significant impact on the environment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 2. That Major Redevelopment Permit RP 94-05(A)X4 is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 312, on file in the City Clerk's Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered the environmental determination for this project and any comments thereon. The Housing and Redevelopment Commission finds that: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development is the placement of a minor structure accessory to an existing facility, and will not have any adverse significant impact on the environment; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. The Housing and Redevelopment Commission finds that the environmental determination reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: NOTICE TO APPLICANT: HRC RESO NO.-2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or 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 of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." HRCRESONO.-3-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a 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 ATTEST: RAYMOND R. PATCHETT, Secretary (SEAL) j^/ESTABUSHED' 1 V\ 197° / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 215 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW A WEEKLY FARMER'S MARKET IN THE PUBLIC PARKING LOT ON THE EAST SIDE OF ROOSEVELT STREET (MID-BLOCK) BETWEEN CARLSBAD VILLAGE DRIVE AND GRAND AVENUE IN THE VILLAGE. CASE NAME: FARMER'S MARKET APN: 203-304-02, 03, 04, OS 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 4 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 5 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 1. 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 11 which is consistent with the goals for the area. 12 2. The project is located in Subarea 1 of the Village Redevelopment Project n-T 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. 4. The use will be operated in a manner which does not have a significant 1° adverse impact on surrounding properties or the public health and 19 welfare- *>Q 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 .g operated one day a week for a few hours, it would be impractical to require the applicant to pay for and/or provide 27 .28 DRB RESOLUTION NO. 215 Page 3 2 additional on-site or off-site 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 o 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 Farmer'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 standardsBS 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, in order to ensure that the project is feasible, •ic 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. xhe proposed Certified Farmer's Market will operate one day a week for a maximum of three (3) hours per week. A 2 Market Manager will be hired to operate the market hi a on manner which prohibits any activity which might be injurious or materially detrimental to the public welfare, other 22 properties or improvements hi the Village. A security guard will also be on duty during the hours of the market. 23 d. The granting of an exemption will not contradict the standards 24 established in the Village Design Manual. 25 The proposed use is consistent with the Village Design Manual. Uses allowed within this area are those which are 26 allowed by the C-2, C-l and R-P zones. Florist shops and 27 28 DRB RESOLUTION NO. 215 Page 4 2 fruit stores or other food markets are all allowed within the noted zoning. 3 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 o within 300 feet of the proposed market, there will be no negative impact on access to other businesses, the beach or g 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 •• g 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 „- for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures maps, etc. for other merchants within the area, including restaurants. 23 3. A complete set of "Farmer's Market Rules and Producer Agreement" 24 must be submitted to the Housing and Redevelopment Director for review and approval. The rules must include information on clean-up and 25 set-up, vendor parking locations, signage, and disposal of waste. These rules must be approved by the Housing and Redevelopment Director at 26 least fourteen (14) days prior to the first day of the proposed Farmers' Market. 27 28 DRB RESOLUTION NO. 215 1 Page 5 2 4. The Village Business Association shall be solely responsible for the set- up and clean-up of the event. These responsibilities include posting of 3 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 4 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.o 6. A complete signage and traffic control plan must be approved by the City's Traffic Engineer and the Housing and Redevelopment Director at g least fourteen (14) days prior to the first day of the proposed Fanners' 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 arid 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. 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 17 responsible for posting the signs and ensuring that they remain hi place during the entire 72 hour period; missing or vandalized signs must be replaced by the applicant. The Association shall also be responsible for _ - notifying the Carlsbad Police Department each week when the signs are installed. These signs are temporary and must be removed each 2Q 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 24 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 . be presented to the Design Review Board following additional CEQA (environmental) review by the Planning Director to determine the effect 27 28 53 DRB Resolution No. 215 Page 6 2 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 3 shall find no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the long term 4 continuation of the permitted use. This permit may be extended for a reasonable period of time not to exceed five years, including the initial 5 six (6) month review period. If subsequent environmental review discloses any substantial adverse affect, the extension application shall be 6 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. 9 10 I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design 11 Review Board of the City of Carlsbad, California, held on the 17th day of August, 1994 by the 12 following vote to wit: AYES: Savary, Noble, Welshons, Vessey, Marquez 14 NOES: None 15 ABSENT: None 16 ,ABSTAIN: None ,/) 17 J? J/.Je-^i*^^' ^^Zzus-czi^/L-— 18 PEGGJ^y&RY, CHAIREKRSON DESIGN REVIEW BOARD 19 20 EVAN E. BECKER, HOUSING AND REDEVELOPMENT DIRECTOR 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 20th day of June, 1995, approve Resolution No. 270 extending the term of the Village 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: ORB RESO NO. 269 PAGE1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of September, 1999, by the following vote to wit: AYES: Chairperson Compas, Board Members: Marquez and Lawson. NOES: None. ABSENT: Board Member Marois and Heineman. ABSTAIN: None. BILL COMPAS, CHARMAN CARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 269 PAGE 3 57 1 DESIGN REVIEW BOARD RESOLUTION NO. 293 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A FIVE (5) YEAR TIME EXTENSION TO 4 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 6 AMENDMENT TO THE SUMMER HOURS OF OPERATION AND PERMITTED ACTIVITIES 7 CASE NAME: VILLAGE FARMER'S MARKET APN: 203-304-02, 03,04,05 8 CASE NO: RP 94-05(A)X2 9 WHEREAS, on September 27,1994, the Housing and Redevelopment Commission of 10 the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit 12 RP94-05 to allow a weekly Fanner's Market in the public parking lot located mid-block on the 13 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, 16 on the 20 day of June, 1995, approve Resolution No. 270 extending the term of the Village 17 Farmer's Market for five years ending on September 26, 1999; and18 WHEREAS, in Resolution No. 270, the Housing and Redevelopment Commission did 20 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 22 than 90 days prior to the expiration date; and 23 WHEREAS, the Design Review Board approved Resolution No. 269 for a request by the 24 Carlsbad Village Business Association ("Applicant") for a time extension (Farmer's Market 26 RP94-05(A)X1) through September 26, 2004; and 27 28 56 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 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 Review 18 19 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 •jz 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. "i DRB RESO NO. 293 -2- 1 CONDITIONS 2 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 6 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 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 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. .~ 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 13 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Redevelopment Permit RP 04- 05(A)x2, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of 1 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 18 validated. 19 4. All 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. DRB RESO NO. 293 -3- ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to 9:00 p.m. every Wednesday. During the period of extended hours, two (2) of the booths may be utilized for the selling of hand made arts and crafts. The total number of booths, spaces or hours of operation shall not be increased without prior amendment to this major redevelopment permit. Condition No. 9 of Housing and Redevelopment Commission Resolution No. 270 is further amended to read as follows: This time extension to amended Major Redevelopment Permit No. RP 94-05(A) is granted for a period of five (5) years beginning on September 27, 2004 and ending on September 26, 2009 and subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative affect on surrounding properties including but not limited to parking provisions or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended by the Design Review Board thereafter for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Design Review Board may not grant such extensions, unless it finds that there are no substantial negative affects on surrounding land uses or the public's health and welfare. If a substantial negative affect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Design Review Board may grant. * * * * DRB RESO NO. 293 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, California, held on the 21st day of June, 2004, by the following vote to wit: AYES: Baker, Lawson, Marquez, Heineman, and Paulsen NOES: None ABSENT: None ABSTAIN: None MARQUEZ, CARLSBAD DESIGN W BC&RD ATTEST: ^^—*-r*j TTrx DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO.293 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 296 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NO. RP 94- 05(A)X3 TO ADD AN ADDITTIONAL DAY TO THE WEEKLY FARMER'S MARKET, TO BE HELD ON SATURDAYS IN THE VILLAGE REDEVELOPMENT AREA CASE NAME: CARLSBAD SATURDAY FARMER'S MARKET APN: 203-304-02,03, 04,05 CASE NO: RP94-05(A)X3 WHEREAS, on September 27, 1994, the Housing and Redevelopment Commission of the City of Carlsbad held a duly noticed public hearing and approved Redevelopment Permit RP94-05 to allow a weekly Fanner'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)X1) through September 26,2004; and 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 1 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 8 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) per11 ~"~ j2 Section 15311 of the State CEQA Guidelines, as placement of a minor structure accessory to an 13 existing facility, and will not have any adverse significant impact on the environment; 14 WHEREAS, at said public hearing, upon listening to and considering all testimony and arguments, if any, of all persons desiring to be heard, said Design Review Board considered all 16 factors relating to Farmer's Market RP94-05(A)X3. 17 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review18 I Q Board as follows: 2Q 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 DRBRESONO.296 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation of the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Redevelopment Permit RP04-05(A)x3. 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 and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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- 05(A)x3, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4. All previous conditions approved for the project shall remain in full force and effect, with the following exceptions: Condition No. 1 of Housing and Redevelopment Commission Resolution No. 387 is further amended to read as follows: The boundaries of the market shall be limited to the public parking lot located on the east side of Roosevelt Street (mid-block), west of the alley, between Carlsbad Village Drive and Grand Avenue. The total number of booth spaces shall be limited to the number (33) indicated within the application. Two (2) of the booths may be utilized for the selling of hand made arts and crafts. The Saturday Farmer's Market hours of operation shall be every Saturday from 8:00 a.m. to 11:00 a.m. To set up for the event and clean up 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 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 p.m. every Wednesday. From the last Wednesday in June through the first Wednesday in September, the hours of operation shall be every Wednesday afternoon from 2:00 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 Fanner's Market shall not be increased without prior amendment to this major redevelopment permit. Condition No. 9 of Housing and Redevelopment Commission Resolution No. 387 is further amended to read as follows: This time extension to amended Major Redevelopment Permit No. RP 94-05(A) with regards to the Wednesday Farmer's Market is granted for a period of five (5) years beginning on September 27, 2004 and ending on September 26, 2009 and subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative affect on surrounding properties including but not limited to parking provisions or the public health and welfare. If the Housing and Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended by the Design Review Board thereafter for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Design Review Board may not grant such extensions, unless it finds that there are no substantial negative 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 The Saturday Farmer's Market initial approval is granted for a period of six (6) months. This permit shall be reviewed by the Housing & Redevelopment Director after six (6) months to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Housing & Redevelopment Director determines that the conditions of the permit are met and the use does not have a significant adverse environmental impact, and does not have a substantial adverse affect on surrounding land uses or the public's health and welfare, this permit may be extended by the Housing & Redevelopment Director for a reasonable period of time not to exceed five years, including the initial six (6) month review period. This amendment, RP 94- 05(A)X3 is subject to cancellation at any time upon 60 days written notice. The Major Redevelopment Permit shall be reviewed by the Housing and Redevelopment Director DRBRESONO.296 -4- on a yearly basis to determine if all conditions of this permit have been met and that the 2 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 3 Redevelopment Director determines that the use has such substantial negative effects, the Housing and Redevelopment Director shall recommend that the Design Review 4 Board, after providing the permittee the opportunity to be heard, add additional f 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 6 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 7 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 9 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 10 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 12 Review Board may grant ] 3 Condition No. 10 of Housing and Redevelopment Commission Resolution No. 387 is further amended to read as follows: 14 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 16 prior to the Farmer's Market. The Association shall ensure that these signs remain in place for the entire period of the Market every Wednesday and Saturday. These signs shall be of 17 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 1 ° site) and a minimum of one (1) sign shall be placed at the north entrance to the Alley (east of <9 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 20 placement must be pre-approved by the Housing & Redevelopment Director. The Association shall also be responsible for distribution of information regarding other public 2 1 parking lots in the area for encouraging shoppers to park in these lots. 22 Condition 11 is added to read as follows: 23 The Saturday Farmer's Market approval is granted based upon an understanding that 24 II 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, 27 may be required to be shut down for that particular day. 28 *.*.*.*. DRBRESONO.296 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, California, held on the 28th day of March, 2005, by the following vote to wit: AYES: HEINEMAN.LAWSONANDMARQUEZ NOES: NONE ABSENT: BAKER ABSTAIN: NONE COURTNEY HEINEMAN. CHA^ERSON CARLSBAD DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNT;HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO.296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 312 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 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 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 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)X1) through September 26, 2004; and 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 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 WHEREAS, 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 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 26 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. DRBRESONO. 312 -2- 1 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 1. That the foregoing recitations are true and correct. 2. That based on the evidence presented at the public hearing, the Design Review Board hereby recommends APPROVAL to the Housing and Redevelopment Commission Major Redevelopment Permit No. RP 94-05(A)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 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: FINDINGS 1. The Design Review Board hereby determines that the previous findings for Redevelopment Permit RP 04-05 and all subsequent approvals, on file with the City Clerk, remain applicable to the project and are hereby incorporated by reference. CONDITIONS 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 and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation of the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Redevelopment Permit RP04-05(A)x4. 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 and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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- 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- 7! 1 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 o 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 1 * subject parking lot will be closed from 7:00 a.m. to 2:00 p.m. The hours of operation for 1 ~ 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. 15 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 jo 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 vendors to make fresh samples of their products that may be consumed on-site. The market must not be used to sell mass produced (commercial operations) food products which 23 are readily available within local grocery stores or markets. Two (2) booths for the selling of hand made arts and crafts are allowed during all hours of operation of this permit. An 24 informational booth for Village Merchants will be allowed for the distribution of advertisements, promotional items, brochures, maps, etc. for other merchants within the area, including restaurants. One (1) educational booth may also be permitted. 26 Condition No. 9 of Housing and Redevelopment Commission Resolution No. 393 is further 27 amended to read as follows: 28 DRBRESONO. 312 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The initial term for RP 94-05x4 is granted for a period of six (6) months from the date of Housing and Redevelopment Commission approval. Within "thirty (30) days of expiration of the initial term, this permit shall be reviewed by the Housing & 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 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 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 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 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 Redevelopment Director shall recommend that the Housing and Redevelopment Commission, with a recommendation from the Design Review Board, add additional 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 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 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 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 term extensions the Design Review Board may grant. * * * * DRBRESONO. 312 -5- 1 2 3 PASSED, APPROVED AND ADOPTED at a meeting of the Design Review Board of 4 the City of Carlsbad, California, held on the 24th day of July, 2006, by the following vote to wit: 5 AYES: 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 COURTNEY HEINEMAN, CHAIRPERSON CARLSBAD DESIGN REVIEW BOARD 12 ATTEST: 13 14 DEBBIE FOUNTAIN 1 5 HOUSING AND REDEVELOPMENT DIRECTOR 16 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESON0.312 -6- 7/f CARLSBAD REDEVELOPMENT AGENCY PERMIT APPLICATION D D D PLEASE CHECK ALL THAT APPLY: ADMINISTRATIVE PERMIT | \ New construction of buikSng(s) or addltion(s) to the building footprint which have a bulking permit valuation which is equal to or less than $60,000. Intend or exterior improvements to existing structures which result in an intensify of use. Provisional land uses, where a minor or major redevelopment permit is not required. 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 f"~| New construction of buHo!ng(s) or addition(8) to the building footprint which have a buWng permit valuation which is greater than $150,000. Variances for projects within this category. MINOR I D New construction of buikting(s) or addition(s) to the buBdng footprint which have a bulking permit valuation which is greater than $60.000 but less than $150,000. Variances for projects within this category. Variances for projects which would otherwise be exempt or be eltgbte for an administrative permit MISCELLANEOUS REDEVELOPMENT PERMIT A-Frame Sign Sign Permit Sign Program Sidewalk Tables/Chairs Outdoor Displays Other Am&Mafflt** fat 'a/rt I a/vt -_ as '* h> PROJECT img; Brief description of project frou^s 4r-Property Location: Address Owner's . Telephone Number -2SS3 FEES FOR APPLICATION PROCESSING: (List typed fee and ampunt) Appncanfs Name. Address.6 Telephone Number (7*0) RECBPT OF APPLICATION Date Application Received. \Application Received by Permit Number Assigned ftP 75 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Ciarteb^t* VM~S^ 3at-grckj APPLICANT NAME: (VkUJ j/flla. 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: h from <\ <L/W - \prr\ to ^ W^ ^ G-^Y-ci fo tpclat ^urLiK rt^ric-f J0iA,3» WuC Project Description 10/96 Page 1 of 1 Carlsbad Village Business Association 2579 State Street, Suite B, Carlsbad, CA 92008 Phone: 760-434-2553 • Fax: 760-434-5569 www.shopcarlsbadvillage.org » info@shopcarlsbadvillage.org July 15, 2008 Mil(Ji 9Debbie Fountain <Q Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, CA 92008-2335 Dear Debbie, Attached please find our application and fee for an amendment to our Major Redevelopment Permit for the Saturday Carlsbad Village Farmers' Market. The attached amendment requests a continuance of the Saturday Market as well as a change in hours of operation. From our extensive research we know that a change in the market hours to 1:00 pm to 5:00 pm will significantly increase the number of farmers who can attend our market. We will also, by making this time change, be reducing the number of competitive regional markets from nine to just one. Over the last two months we have procured over 400 signatures from North County residents requesting the continuance of the Saturday market and have also received eighteen signatures from local farmers who have committed to sell at our Saturday market if we decide to convert to an afternoon market. In addition to these eighteen signatures, we have an additional eleven farmers who have also indicated interest in coming to the Carlsbad Village Farmers' Market. These numbers, added to the seven vendors we currently have will bring us over and above the number of vendors for which we have space. While, over the past several months, we have suggested several different solutions to expanding the Saturday Market, we have come to the conclusion that the best solution to enhance the market and increase its success is to simply change the hours of operation. The change will increase the number of Farmers at the market (our primary complaint) and enhance afternoon activity in the Village. Currently, the Village still boasts an active breakfast and brunch crowd who also seem to attend the Farmers' Market. We have found that Saturday afternoons are quiet in the Village and that there is a lull in activity between the hours of 2:00 pm to 6:00 pm, when diners begin arriving again. We believe the afternoon market will bring people to the Village in the afternoon when businesses are more likely to be open and will also enhance the lunch activity in the Village. As we discussed in our earlier meetings, we will continue to develop other activities to enhance the Village experience that are consistent with the goals and objectives of business development in the Village. We do not see the Farmers' Market as our one and only means of meeting our goals and objectives, but we do believe that it does play a vital role in our community at large and to discontinue it would be to the detriment of our community, as verified by the customers who signed out petition in support of the Saturday market. 77 We request that the City of Carlsbad extend our permit for the Saturday Farmers' Market until September 19, 2011 with an amendment to change the hours of operation from 9:00 am - 1:00 pm to 1:00 pm to 5:00 pm. For our part, we will increase our efforts to market and advertise the market as well as the Village at large. We will increase the number of activities outside of the market to encompass a larger part of the community and we will work with local merchants to ensure that the market enhances their businesses. We appreciate the past support of the City of Carlsbad and the Housing and Redevelopment office and hope that we can continue to receive the support of the city as we continue to build a vibrant Village community. Best Regards, Robin Young Executive Director Carlsbad Village Business Association C: City Manager City Attorney Community Development Director enc: Carlsbad Redevelopment Agency Permit Application (RP94-05 (A)) City of Carlsbad Land Use Review Application Project Description/Explanation Disclosure Statement Carlsbad Village Farmers' Market Site Map Carlsbad Village Farmers' Market Layout Schematic Carlsbad Village Farmers' Market Saturday Continuation presentation Save the Saturday Market Petition Sampling Certified farmers consent to attend Saturday afternoon market signature document Check # 2576 - permit application fee Artist Salon & Gallery 2933 Roosevelt Street Carlsbad, CA 92008 September 17, 2008 Mayor Claude A. Lewis and Carlsbad City Council Members and Members of the Design Review Board City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Farmer's Market Dear Mayor and Members: I am writing regarding the request by the Carlsbad Village Business Association to change the hours of the Saturday Farmer's Market. I have been to council on several occasions to object to the Saturday market at the present location because it utilizes the "public" lot two days a week. I own and operate a business directly across the street and my customers are adversely affected by the lot not being available. I have checked with our neighboring cities; Oceanside, Vista, San Marcos and Encinitas and all of these cities have a farmer's market only one day a week and in most cases for three hours. Carlsbad has the market two days at five hours each with an hour for setup and breakdown—that is a total of 14 hours between Wednesday and Saturday. For over two years they have not had enough vendors to fill the lot but they continue to block the entrance at Roosevelt Street so cars cannot enter from the street. The Saturday market is still very much a "flea market" with jewelry, clothing, windows and other non-produce vendors. In summary, the Mayor has stated at my previous visits to council that they would take this matter up at workshop and close it down in six months if it does not fill up. Well it has been 2 to 3 years and it is still not full. If you think this market is necessary, move it to State Street or another part of Carlsbad altogether. It is unfair to the businesses on this block to be impacted twice a week. Why allow a small amount of retail vendors, mostly from other cities, to benefit from the use of this public parking lot on the busiest day of the week at the same location as the Wednesday market? This benefits no one. For your information, I am enclosing a copy of my letter to you dated July 18, 2006, addressing many of the same concerns. Thank you for your consideration, ^incerely^ ce Wise do Petition to Save the Carlsbad Village SATURDAY Farmer's Narket Petition summary and background Action petitioned for The City of Carlsbad is considering the closure of the SATURDAY Farmers' Market. This would In no way affect the Wednesday Farmers' Market. The CVBA is asking that the City of Carlsbad continue their support of the Saturday Farmers' Market with possible changes to the timing of the market and an expanded program to build more activity in the Village. Please support our efforts to keep the Saturday Market open by signing the petition below. We, the undersigned, are concerned citizens who urge our leaders to act now to allow the CVBA to continue to the Saturday Farmers' Market In the Village of Carlsbad. **on~£ Petition to Save the Carlsbad Village SATURDAY Farmer's Harket Petition summary and background Action petitioned for The City of Carlsbad is considering the closure of the SATURDAY Farmers' Market. This would In no way affect the Wednesday Farmers' Market. The CVBA Is asking that the City of Carlsbad continue their support of the Saturday Farmers' Market with possible changes to the timing of the market and an expanded program to build more activity In the Village. Please support our efforts to keep the Saturday Market open by signing the petition below. We, the undersigned, are concerned citizens who urge our leaders to act now to allow the CVBA to continue to the Saturday Farmers' Market In the Village of Carlsbad. Printed Name Signature Address Comment Date J y ur £ cr Vt'S V X tun Merchant's Petition to Support the Carlsbad Village SATURDAY Farmer's Market Time Change from 9am-lpm to l-5pm Petition summary and background Action petitioned for The City of Carlsbad Is considering the closure of the SATURDAY Farmers' Market, This would In Wednesday Farmers' Market. The CVBA Is asking that the City of Carlsbad continue their support Market by changing the time of the market In order to attract more Farmers which will fill up the our efforts to keep the Saturday Market open by signing the petition below. no way affect the of the Saturday Farmers' market. Please support We, the undersigned, are local merchants who support our leaders to allow the CVBA to continue the Saturday Farmers' Market In the Village of Carlsbad at the new time slot of l-5pm, Merchant's Petition to Support the Carlsbad Village SATURDAY Farmer's Market Time Change from 9am-lpm to l-5pm Petition summary and background Action petitioned for The City of Carlsbad Is considering the closure of the SATURDAY Farmers' Market, This would In no way affect the Wednesday Farmers' Market The CVBA Is asking that the City of Carlsbad continue their support of the Saturday Farmers' Market by changing the time of the market In order to attract more Farmers which will fill up the market. Please support our efforts to keep the Saturday Market open by signing the petition below. We, the undersigned, are local merchants who support our leaders to allow the CVBA to continue the Saturday Farmers' Market In the Village of Carlsbad at the new time slot of l-5pm. Printed Name Signature Address Comment Date Survey Name: Carisbad VOage Fanners Mattel Response Status: Partial & Completed Fitter: None Jul 28, 2008 304:47 PM I mi VMIage business owner who supports the leadership of the Ctty of Carlsbad in allowing the CVBA to continue the Saturday Farmers' Market in the Village of Cartsbad, at the new time stot of lOOpm-SOO ora. Fust Name: Augje Last Name: D» Grazia Company Name: Perquest Addressl: _ Carisbad __ ____ First Name: Kim Last Name. Cakhwa* CompanyName: Hmge Branding 4 Design Addressl: _ __ _ 2979 Slate Sheet. Ste A _ _ Fust Name: al Last Name: wanamater Company Name: ^f s cafe in fce vXage Addressl: _ _ 795 caitebad village drive _ __ First Name: Jennifer Last Name: Semmes CompanyName: Ihe wine spot Addressl: 2180 Roosene- street carisbad, caJtomia _ First Name: Last Name: , Carboni CompanyName: SHnsafional Skin and Body Spa Addressl: ______ _ 300 Cartsbad VMage Dr.. Ste. 124 First Name: Last Name: CompanyName: gason graphics Addfessl: .. _ pj. box 1631 Fust Name: Marie Last Name: Hopper Company Name: Ca*tefce*Vte|jeP«less>Dn8& Carte*, ViC Addressl: 2945Ha>dingSl.Ste.»111 First Name: Laura Last Name: Kuner CompanyName: NewVMtegeArts Addressl: 2461 Buena Vista Crete First Name: Mriam Last Name: MarHne Brunhaver Company Name: 30 for He Addressl: ___ __ __ 2801 Rooseveft St »B Fire* Name. Michael Last Name: Bertram! CompanyName: North Coast Discomry Map Addressl: ______ _ 2110 Basswood Ane. First Name: Mary Last Name: Jacobson CompanyName: Beach C«y Smoothies Addressl: ___ 594 Cartsbad Vj-age Drive Fust Name: Kale Last Name: Battenfeid Company Name: Joyful Jumping Music Together Addressl: TO Box 710 Carisbad CA 92018 First Name: Perry Las! Name: Cotes Company Name: Somewhere in Time Antiques & Fine Jeweify Addressl: 2832 State Street-Oowntami Cartsbad VBage First Name: Ralph Last Name: Muncaster Company Name: Lynn Forbes Sculpture Addressl: 300 Cartsfaad Vtege Dr; Ste 102 First Name: ROBERT Last Name: RUANE Compart Mame. ONLYNEWSCAFE AddressV 3001-A CARLSBAD BLVD. First Name: (Jnda Last Name: Ruane Company Name: Daily News Cafe & California Wear Addressl- 3001 Cartsbad BW.. Carlsbad. CA First Name: Lynn Last Name: Forbes Company Name: Lynn Forbes Sculpture Addressl: 300 Carisbad VfiHage Drive Ste. 102 Stephen Last Name: Bfes Company Name: Army and Navy Academy Addressl: 2605 Cartsbad First Name: Krisfianne Last Name: Kumer Company Name: New VBtage Arts Addressl: 2787 B State Street First Name: Gary Last Name: Nessrm Company Name: HomeUfe \ffltage Realtors Addressl: 500 Grand Avenue First Name: Laura Last Name: Reyer Company Name: Le Passage French Bistro Addressl: 2961 State Street. Cartsbad. CA 92008 First Name: bob Last Name: pertdns Company Name: guy stuff Addressl: 507 Grand Ave First Name: Anthony Last Name: Mebtas Company Name: Tama First Name: sandy Last Name: Stewart Company Name: Btessinos...Cbns«an Bks & Gins Addressl: 540cartsbadv*agedr First Name: Pad Last Name: VanderPtoeg Company Name-. SGO Addressl: 2579 State First Name: JoAnn Last Name: Fors,Tfft Company Name: Forsyth & Associates trts. Addressl: 2740-A Roosevet St. Cartsbad, CA First Name: Beth Last Name: Wade Company Name. Tfte Genesis Center Addressl: 2725 Jefferson St. Please leave any comments betow: -Responses kim@hingebrand.com Mana43Qaol.com lhewinespat@gmail.com nrta@ojteonyiaphics.iiet mah@cvpc1.com Hajmei03@yahoo.com sugb@earthNi*jiet bertrandsSdiscoyefymgp.com coNectibles1234S@yahoo.com romphd@hotmail.corn ttiedailynew5cafe@yahoo.corn lruane@adelpriia.nta rynnfofbBssculplureOliulniaa.com sbliss@armyaiiQnavyacademy.org info@newviHa9earts.org g.nessim@atLnet reyer@excfte.com 1 ike the new fime proposed! Saturday market, especially, as they cant usualy attend due to wort The market is an asset to the town, its residents and 1 am ABSOLUTELY m favor of not only keeping «ie fanners market in cartsbad on Saturdays but feel that moving H would be beneficial for *» turnout, what a wonderful additon to tote otownhwvn area the fanners market is and the amount of buisiness i brings to fte locat bursmessess is extremely valuable? f vis* * nearfy every weekend myself . Thank Wednesday maitet time and mete 8 easier for people to remember when it is! The W«rinittsdatf arvl ^rfurrtav Ftarmers Maitofe fowe hneti :an atrrnriinn in amoral rrf ruir fannnfc: Hcvtieinn tn kW-nta thair businesses in the Village. ft has definitely helped sustain some of the Village's value as a place to do business, tt would be unfortunate to take the away from the ViHage where so many other services and business have left. The Saturday Farmer's Market brings customers from around Hie area into the heart of Carlsbad -which is our goal. K provides an ambiance and a sense of exciting things happening that are essential to the growth of the Village. Please allow more time to for this event to develop to its Ml potential! TJ» new time sM would be great for ny members who shop at the rnariwt. W« close at 12 on Saturdays this would give the members a chance to work out and then go to flie market. experience of participafcny m the Wage . MM wnuk isnl a tme we liave to spate, vwt enjuy buying locally, so Saluiuay is pei^>ai^tai^^t^.Ptease<^^foaxiKtouseaiK»^ci6esFam<eKMariile(. Excellent source to bring people into the vrttage, especially if they change their operating hours to the afternoon! Please keep *e Setnday Fanners MarkeL Or. Ralph O.Muncaster IT IS AN ASSET TO T>C VILLAGE TO BRING TOGET>E» VENDORS OF DIFFERENT AND INTERESTING FOODS THAT ARE OTHERWISE UNAVAILABLE TO MANY.) SAY KEEP IT OPERATIONAL AS IS. JUST BE SURE TO KEEP IT A TRUE FARMERS MARKET, AND NOT A FLEA MARKET OR CRAFT FAJRE We recently visited friends m Kentucky. Two times they brought up how fondly they remembered the farmer's market i n Cartsbad. The Farmer's Market adds a down-home quality to our viHage. Please do not dose it! Wednesday's market is nice, but too many people can only attend on Saturday. hank you have been to the Farmer's Market many times and appreciate the opportunity to purchase the produce that is available The tanner's market is a great way to bring more people downtown and helps to create the ViHage atmosphere. suggest wed market stay open later to assist the merchants in staying open later. and be a marketplace known for its fresh flowers, fruits, vegetables and breads. guystuffusa@yahoo.com cvcbsOpacbeMjiGt joann&6reytMnswance.biz djvnade@thegenesiscenter.r»et customers and out oftowners on Wednesday and Saturday). Please take this into consideration and aHow the market to stay open. K helps the entire vMage. Being in the wfege lor the past 18 yrs most people arenl wafting about until 1 1 ttfch. support 8? The Saturday Market is good for the VBage.There are a lot more people n Ibe Vilaoe on Saturdays since the Market has been open. People are moie at ease and toe retawants are busier from the increased foot traffic.We have heard many positive comments from ourcSents abort the MarkaLWhy would anybody stand in the way of success in this economy? products and brings ttwmmto fee Vitege to shop. Please continue the Farmers Market as a way to support Village businesses. CARLSBAD VILLAGE FARMERS' MARKET SATURDAY AFTERNOON MARKET INTEREST SHEET As a Department of Agriculture Certified Grower, we are able to attend a Saturday afternoon Farmers' Market in Carlsbad Village. Mease let us know when tile time will change and we can start attending. Carlsbad Village Fanners' Market Saturday Afternoon Potential Vendor Interest Sheet UNCONFIRMED 1 2 3 4 5 6 7 8 9 10 11 Oakes Knoll Ranch, George - 760-728-9158 Hidalgo Flowers, Alfredo - 760-612-5163 Brigido Farms - Valley Center (#?) Kawano's Faun, Rodney - 760-815-9434 Suatez Ranch, Luis - 714-554^410 La Milpa Fann - 760-839-1 1 1 1 Rogue Ranch, Consuelo - 760-726-3083 Carmen Diaz Farms - 760-749-2484 Rivas Farms, Emelia - 760-63 1-0026 Kathy Lambert's Wool - 760-723-8783 Hamlow Farms, Carl - 209-410-0007 WEEKEND PARKING COUNTS ROOSEVELT PUBLIC PARKING LOTS 1 p.m. 2p.m. 3p.m. 4 p.m. 5 p.m. 6 p.m 1 p.m. 2p.m. 3p.m. 4p.m. 5 p.m. 6 p.m 1 p.m. 2p.m. 3 p.m. 4 p.m. 5 p.m. 6 p.m Staff Assigned Lyn Lyn Lyn Courtney Courtney Courtney Austin Austin Austin Becky Becky Becky # of Parked Vehicles Lot A (comer of CVD and Roosevelt) 48 44 29 21 32 23 43 39 37 26 16 20 ^^^B^^^^^i^^^^l^^^^H^SffiSaS^ffl!^^ # of Parked Vehicles in Designated Handicap Spaces i^^ 1 1 0 0 0 0 1 0 1 0 0 0 Total Percentage of Public Parking Lot In Use 96% 88% 57% 41% 63% 45% 86% 76% 75% 51% 31% 39% 0% 0% 0% 0% 0% 0% # of Parked Vehicles Lot B (site of Farmer's Market) 9 7 6 4 4 0 9 9 4 2 1 # of Parked Vehicles in Designated Handicap Spaces 0 0 0 0 0 0 0 0 0 0 0 ^^^^^^^^^^^jf§B^5^3S^^^^^!^^ Total Percentage of Public Parking Lot In Use 16% 13% 11% 7% 7% 0% 0% 16% 16% 7% 4% 2% 0% 0% 0% 0% 0% 0% LOT A Parking Spaces Available: 50 LOT A Handicap Parking Spaces Avaiable: 1 LOT B Parking Spaces Available: 55 LOT B Handicap Parking Spaces Avaiable: 1 TOTAL Public Parking Lot Spaces on Roosevelt Street: 107 SITE Farmer's Market Change of Hours and Extension of Permit RP94-05(A)x5 R o o s e v e 1 t S t r e e t I Carlsbad Village Farmers' Market - Wednesday Sponsored by the Carlsbad Village Business Association Wednesdays and Saturdays l-5pm « ' " vjiaiiu .fivcuuc — • »• TTYTFTvYTf^ Exit Certified 9 Exit Certi- fied 19 Certified 25 W a 1 k w a y Certified 1 Certified 2 Certified 3 Certified 4 Certified 5 Certified 6 Certified Certified 7 8 Grafter 10 CVBA 16 Food 11 Vendor Vehicles Food 20 Vendor Vehicles Food 21 Food 12 Vendor Vehicles Info 22 Food 13 Vendor Vehicles Grafter 14 Info 17 Food 23 W Certified Vendor A 15 Vehicles LK Certified Vendor W 18 Vehicles A Y Certified Vendor 24 Vehicles Certified 26 Certified 27 Certified 28 Certified 29 Certified 30 Certified 31 Certified Certified 32 33 ,<^^c^>c^^ Businesses SSSI^Sy§SM^SSMi^SS Public Patking Lot (55 spaces) • Carlsbad Village Drive - N W*- 33 Spaces: 23 Certified Farmers, 6 Foods, 2 Grafters, 2 Info Booths E A V Minutes of: SPECIAL DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: OCTOBER 27, 2008 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Lawson called the Meeting to order at 6:01 p.m. PLEDGE OF ALLEGIANCE Chairperson Lawson asked City Attorney Mobaldi to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Lawson proceeded with the roll call of Board Members. Present: Board Members: Julie Baker John Prietto Michael Schumacher Frank Whitton Chairperson: Anthony Lawson Absent: None Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant City Attorney: Jane Mobaldi Assistant Planner: Austin Silva APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the June 2, 2008, as written. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Chairperson Lawson asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the item on the agenda tonight. Ms. Fountain said the item on the agenda tonight is a request for an amendment to the Farmer's Market permit, extension of hours and some other conditions of approval. Austin Silva, the Assistant Planner in the Housing and Redevelopment Department, will give the presentation. Mr. Silva said the applicant, the Carlsbad Village Business Association, is requesting an amendment to the existing major Redevelopment Permit to change the operating hours and to extend the expiration date of the Saturday Farmer's Market. Because the proposal includes the change of hours to the operation and an extension of the permit expiration, the major redevelopment permit is being brought forward for a recommendation by the Design Review Board and final approval by the Housing and Redevelopment Commission. The Farmer's Market is in the public parking lot located mid-block on the east side of Roosevelt Street between Carlsbad Village Drive and Grand Avenue in Land Use District 1 of the Village Redevelopment Area. The Farmer's Market was originally established on September 27, 1994. The CVBA, as the 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. The Saturday Farmer's Market permit expired this past September and the Wednesday Farmer's Market permit expires on September 19, 2011. The current Farmer's Market permit allows the Saturday market to take place every Saturday morning from 9:00 a.m. to 1:00 p.m. The subject parking lot is reserved on Saturdays from 8:00 a.m. for set up and 2:00 p.m. for clean up. The maximum number of booths for the Wednesday and Saturday market is 33; a maximum of 23 of those booths may be used to sell fresh certified agricultural products such as fruits, nuts, herbs, vegetables, eggs, honey, cut flowers and nursery stock. Certified non-produce items such as dried fruit, dried beans, juice, DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 2 of 8 meat, fish and dairy products may be sold if the producer has proof that he/she raised, collected or caught the product. Six non-certified products sales booths may be used to sell items such as locally made bread, pastries and pastas. Two of the 33 booths can be used for arts and crafts. For educational purposes, the CVBA is permitted to operate one booth on a rotational basis, free of charge, to individuals or organizations that would like to provide educational materials on issues such as soil conservation, recycling, composting, organic farming and sustainable agricultural business endeavors. The CVBA also provides one informational booth for local village business to promote and advertise their business. The CVBA is requesting a change of hours of the Saturday Market from 9 a.m. to 1:00 p.m. to 1:00 p.m. to 5:00 p.m. Additionally, the CVBA is requesting an extension of the permit with an expiration date of September 19, 2011, for the Saturday Market making it consistent with the expiration of the Wednesday Market. Staff is recommending the added condition to the permit that would require there be at least two certified agricultural product booths to every non-certified product and informational booth. There has been a concern that the arts and crafts booths were becoming more prominent than the certified agricultural product booths. By adding this condition, this should address the concern of the market becoming something other than a certified Farmer's Market as it is permitted. Staff completed a parking count for the two public parking lots on Roosevelt Street, which are most affected by the Farmer's Market. Parking counts were taken every hour from 1:00 p.m. until 6:00 p.m. on two consecutive Saturdays, September 6th and September 13th. Parking lot A, at the corner of Carlsbad Village Drive, had a 62.3% average utilization rate over the two Saturdays. Parking lot B, the site of the Farmer's Market, had an 8.3% average utilization rate over the two Saturdays, The configuration of the Wednesday and Saturday Farmer's Market will not change as part of this amendment. The same number of booths will still remain, the same parking lot and boundaries will be utilized, the same Farmer's Market manager will continue to operate the market, and signage location will remain the same. The Village Farmer's Market it appears has been well received by local merchants, residents and visitors alike as the CVBA has collected over 400 signatures from north county residents who support the continuance of the Saturday Farmer's Market. In addition, 18 signatures have been collected from local farmers who have committed to sell at the market if the operation time is moved, and another 11 signatures from farmers who have indicated interest in. coming to the Saturday Market. In conclusion, staff is recommending approval of the project with the added condition that there be at least two certified agricultural product booths to every non-certified product and informational booth. I would like to mention we did receive a written letter In opposition to the proposed amendment, which staff has distributed to the members of the board. The letter In opposition was from a business owner who operates a business across the street from the market event. The business owner has mentioned concerns regarding the closure of the parking lot and the market operating as something other than a certified Farmer's Market. This concludes staffs presentation. Board Member Prietto commented that Mr. Silva said it is well received by the merchants and the residents and the community. What do you base that on, the signatures? Mr. Silva said, yes, on the signatures and for the attendance of the Wednesday Market. Board Member Prietto asked if Mr. Silva could distinguish between the two days, the Wednesday and the Saturday in terms of reception. Mr. Silva said there haven't been as many booths at the Saturday's Market, especially the certified agricultural product booths as the Wednesday's Market. That is why they are requesting a change of time. Nearby cities have the same time of their markets as our Saturday Market, so they would like to change the time in order to recruit other farmers. Board Member Whitton asked if the market manager controls what kind of vendors are going to be in there. We have a tight set of parameters without a J factor and somebody managing it. If you have 23 booths and DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 3 of 8 then you can have 6 non-certified products and 2 booths for selling handmade arts and crafts, what if on any given Saturday you have 19 booths; the ratio is going to change. Does he manage that? Or is there a J factor there? Mr. Silva said that would be part of the conditions. We want to ensure there are more agricultural booths than there are arts and crafts so it doesn't appear like a flea market or a craft fair. Board Member Whitton commented it will be controlled on a day-by-day basis. Mr. Silva said yes. Christy Johnson, the Farmer's Market Manager of both the markets, and Robin Young, Executive Director of the CVBA introduced themselves. Ms. Johnson said she would like to speak to the two questions that were brought up. First, the vendors are prescheduled, it is not like they just show up and I take whoever comes. I have pre-decided who will be in the market and who will not. Once I get the maximum in a particular category, I don't allow more to come. The challenge has been because there are eight other Farmer's Market on Saturday morning throughout the county, we haven't been able to attract as many farmers as other kinds of vendors. This is not that we have increased the other vendors; it just looks like the ratio is different because we haven't as many farmers. With the agreement from 18 farmers and 11 more possibles, we only need 12 to get that. About the Wednesday Market and the Saturday Market, most of the signatures we got from the customers were from the Saturday Market. The Saturday Market draws about 800 people each week and the Wednesday Market draws about 1,000. Our vendors actually do better on Saturday than Wednesday, Chairperson Lawson asked if it was correct to understand that they have done the research, you've had the discussion with the various potential farmers that this is, something that is better sustained with this change of time because obviously for us in the city, no one wants to experiment with different windows of opportunity so we want to believe you have done that proper research. That is how it helps to make this more successful. Ms. Johnson agreed. She said they have done everything they can do to find out if this would be the best way to go. Over the past couple of years, we have been trying to figure out how to get more farmers there. Because there are the other markets, the farmers are spread thin and we can't get them to come to our market. I went to two other markets that would be available for people to feed into this market afterwards and asked all of the vendors, all the farmers that were there, I was able to get 18 signatures that will commit. Then we asked all of our customers if they would be supportive and they would be. Those are people from all over the world because we do have tourists also. I also went to all of the merchants adjacent to the market and talked to them and got 12 more signatures of support. Chairperson Lawson said regarding extending the market to 5:00, especially as we get into the shorter days, do you anticipate needing to have additional lighting or anything like that? Or do you think the natural light will basically cause people to start leaving and packing it up. Ms. Johnson said the Wednesday Market has been around until 5:00 for over a decade. We are experienced with the later time and the parking lot lights come on when it starts to get dark. Chairperson Lawson reiterated that it is working out sufficiently and Saturday should be no exception. Chairperson Lawson opened the public testimony. I have a speaker slip for Joyce Weiss. If anyone else would like to speak, please come up afterwards. My name is Joyce Weiss and I own Artists Salon and Gallery at 2933 Roosevelt Street in Carlsbad, directly across the street from the Farmer's Market. I know the Wednesday's Market has been around for a long time. I am not opposed to the Wednesday Market. It does affect the parking situation in the village, and it does disrupt my business on Wednesday, but I am not upset about the Wednesday Market at all. We are the only city in North County that has added a second Farmer's Market, this one being on Saturday. I operate a very busy salon and gallery and my customers have no where to park. I pay a lot of rent, security, taxes, utilities, all the things that go into operating a business. I'm sure the city wants us to have business in the village, yet I feel like no one is listening to me and other merchants, like Mike the owner of the deli. Their 11 DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 4 of 8 customers have no where to park. The vendors come in, they pay little to nothing to be there, it is very poorly attended, it has been pretty much a flea market operation since the get go, they had Home Depot there two weeks with a booth, I have seen all kinds of unusual merchants over there at the Farmer's Market. Usually there are one or two produce and a flower, and the rest are jewelry and clothing. People come into the village with a certain amount of expendable cash. If they happen to spend $20 at the Farmer's Market, then they are not going to spend it at the deli or in my store or at the clothing store on State Street or in one of the other boutiques around town. I feel the market on Saturday does not help the village. The Carlsbad Village Merchant Association claims it brings people to the village and it helps the village merchants, but it just makes my customers frustrated driving around trying to find a place to park. The hours are very long; most farmers' markets are three hours, and this market is four hours with an hour on either end for set up and take down, so pretty much essentially the parking lot is shot for the whole day. If you feel Carlsbad has to have a second day with a Farmer's Market, put it in another parking lot in the village. Why should the merchants on my block be imposed upon and have our businesses affected in a negative way? These people don't have to put out any over head. They come in and they sell their product, they pay $10 or whatever it is to have a booth there, and it is totally unfair to me and other merchants along my block, which is Roosevelt Street. The City is in the process of building that large restaurant with literally no parking, which is going to be opening in a few months so that may come into your thinking for the parking lot on Roosevelt, as well. Thank you for listening. I have nothing personally against any of the vendors at the market. It is strictly a business thing. Ralph Muncaster and my address is 300 Carlsbad Village Drive and my wife and I have a sculpture school. I would like to say we are in favor of anything that would be unique and different to try to draw people into the village. I think this would be something that should be done. One thing I think that is in favor of doing this on Saturday is consistency is important. The fact we have those hours on Wednesday already will increase the traffic on Saturday. I think secondly, I don't really believe that people that are spending money on groceries will not be spending it on dresses or something else. I think they are two different product categories. I think this is something we should do. Alan Wanamaker and I live on Jefferson Street in Carlsbad. I own a business, a restaurant, and I've owned it since 1991 in the village. I am also a vendor in both Farmer's- Markets and have been for about two years. However, I was the co-chair of the Village Business Association in 1994 when we established the Farmer's Market, and we established that Farmer's Market on Wednesday only at that time to bring a sense of community to the village, to bring people down to the village, to encourage village businesses on Wednesday at least to stay open, to take advantage of the people that came to visit the Farmer's Market. It hasn't always been easy. We have had various kinds of vendors come and go. Some of them have been really successful, some of them are subject to various weather conditions as farmers all are, like sometimes if the weather is bad, they can't pick, they can't harvest. We have had market managers, Christy Johnson and people in the past, diligently worked to get various types of vendors in there that people will respond to. We have always looked for a stone fruit vendor, peaches, apricots, but they are hard to come by, but we continue to look for them. This year we added a fish vendor, fresh fish, which created an immense inflow of people that came specifically to get fresh fish caught that day or the night before. You don't find that in other places. You don't find that in the village anywhere. You have to go pretty far outside the village to find that. It is a viable business for the vendors that come to this market. They don't pay $10, they pay $23 minimum for their booth, single booth, double booth is more, but it is 8% over a certain minimum amount. So it is a substantial amount. When you are paying 8% for your rent, that is a substantial amount of money on your gross. It is not some pittance that can be just handed off. The parking situation can be critical for a lot of businesses. I don't have any parking except for street parking and eight spaces in the back of my building, which is pretty much hard to get to because most people don't know how to get to it. So I rely on street parking and it is terrible, I admit it. However, the City's study of the parking situation shows that there is adequate parking downtown, especially in the area we are talking about on the Roosevelt Street area. I hope you would consider allowing the change in hours and allowing the extension of the market to coincide with the ending of the Wednesday Market. I can tell you that meeting the public as I do everyday in my restaurant, they want the Farmer's Market, they appreciate it. They appreciate the Saturday one because most of them work during the week, and they can't get off, and by the time they get off, the market is packed up and gone. That leaves Saturday. Saturday will become a better market with the hours changed because we will have more things that people will actually come to a Farmer's Market for, which is more fresh produce. Hopefully the fish guys will get back in too, and maybe we'll find some other people. I hope you look favorably on the staff report and on the applicant's report. DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 5 of 8 My name is Michel Formant, and I own the Michel Petite Spa and Skin Care Gallery at 2815 Roosevelt Street. I don't believe that people come down to the village with a certain amount of money to spend and only spend it in one place. I think Carlsbad is a destination city. I think people come to the village and do multiple things when they do come if we can get them to come. I think the Farmer's Market provides a community safe activity for the residents in Carlsbad Village and the north county. I think we all share an interest in creating that community here in Carlsbad. I would also like to comment that I am frequently in Carlsbad on Saturday to do all kinds of things; to visit my spa, to pick something up, to go to the post office, etc. I have never once had a parking issue. We hear about there being a parking problem all the time, but I don't know how many of you actually experience a parking problem because I never experience a parking problem. I wonder how we can get over the stigma of there being parking problems. The market has so many benefits to the community. It is one of the only activities that we actually have in Carlsbad on a regular basis that people look forward to. In the interest of continuing that sense of community, to change the hours to allow it to be a better market, which is what everyone is asking for, is in the interest of Carlsbad as a city. My name is Scott Engle and I am a customer at the Farmer's Market, and it has been a positive thing for my family to come to the market and to get the fish too. It is something we look forward to. I have been in Carlsbad for about 20 years, I was raised in Kansas City and fish tastes fishy in the Midwest. When I go to a restaurant, I don't know what to order so I have only stuck to the same thing for twenty years. The fish vendor came in and advised me and I have tried red snapper, halibut, white sea bass, and yellow tail. We shop there on a regular basis. I am Jay Corrales and my address is PO Box 1246 in Carlsbad 92018. I am a local business, a real estate office, right off Carlsbad Village Drive. I also live down the street. I am on the board of the Carlsbad Village Business Association, and I would like to express my support for the new hours of the Farmer's Market. I think the market will be a lot more successful if a lot more farmers come to the village. The Vista Farmer's Market is a very big farmer's market and a lot of people travel from outside of Vista to it. With the hours being in the afternoon, I think it would be realty>a good thing for the Carlsbad Village Farmer's Market because a lot of the farmers from Vista will then come right over to Carlsbad Village. I think it will be good for the farmers and also for Carlsbad Village because we will have a lot more vendors to choose from. As someone who comes to the Farmer's Market to pick up vegetables and all kinds of things there, I would say it will be a good thing for everyone to change the hours of the Farmer's Market. My name is Louise Blake and I am a vendor on Saturday in the Farmer's Market and have been for about three years and enjoy it. I second everything that everybody says about changing the market. I have one question, and I know nothing about legal things or anything like that. Could we not use the bank parking? It is just a question and I don't know what the rules and regulations are. I think the Farmer's Market on Saturday would be absolutely wonderful and in this day and age, I do three markets a week. We all work extremely hard. Somebody did say the farmers have to work during the week to grow the crops for all of us to enjoy. If it is possible, we should at least give it a try just for a short while. Every market I have worked in we all set up one hour ahead of time, we all do four hours, and then we are eager to get out and pack up. Chairperson Lawson said, with respect to your question, we will ask staff to try to provide an answer regarding that. Christy Johnson said she just wanted to speak to the bank parking lot. I have spoken with the manager of the bank, and they said they are out of there at the latest by 2:00 p.m., sometimes 1:30, and that parking lot is available for anybody to park in. They used to have a security guard and they required nobody to park in there, but they stopped that about six months ago. Anybody can park in that parking lot. They don't tow or ticket. That parking lot is pretty much available whenever. During the time we haven't had the market full, we have had parking available in our parking lot. It is never fully utilized. There really isn't a parking problem. I don't understand that one myself. Chairperson Lawson said they probably didn't include security guard funding in the bail out package. He asked staff if there is any additional information regarding the parking that should be added to what was said? Mr. Silva said no. Chairperson Lawson closed the public testimony. DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 6 of 8 Board Member Whitton said he has a question regarding the parking. I know there is parking down there, but now that the bank lot we know for sure is available from 2:00 on, we approved that one new building down there some time ago in which there is a restaurant. Part of that restaurant approval was based on availability of parking in the surrounding area. Surrounding area here to me would mean across the street in that parking lot and the parking lot by the video store. I was wondering if we could make some provision that about 2:00 we could start directing traffic over to the bank parking so that parking lot during the restaurant hours remains a little more accessible to the public. Board Member Baker asked who would be out there directing traffic. It would take you thirty seconds if you can't find a place to park in the one lot on the corner to troll over there to see if you can find another place to park. I just don't see that should be something that we would mandate or dictate, Board Member Whitton said he would think that a sign saying at a certain time you can go to the other parking lot would help. We approved that restaurant with the idea there was going to be parking there. I would like to see some parking available to them. I don't suppose there is going to be much of a crowd there until about the dinner hour or 5:00. That is the time the Farmer's Market is starting to fall apart and tear down. It may be all right, but a sign there would be nice. Ms. Fountain said when we approve a project to pay into the Parking In-lieu Fee Program, they actually don't get rights to any specific public parking lot. Obviously, it is assumed that people would park across the street, but they actually have rights to all public parking. We don't really have any guarantees to where they will park. Luckily on Saturday there are a number of businesses around there that aren't open. I would be a little bit concerned about directing people physically to a private parking lot, unless the Farmer's Market did want to get some agreement with the bank. As mentioned, we did originally have conditions on that project that the market patrons were not allowed to park in the bank parking and that could change at any time, depending on what the business of the bank changes to. I wouldn't really want to start redirecting people from the public parking lot into a private parking lot. Obviously if jt is available, they can use it and the Farmer's Market manager can let people know that the parking is available. It does sound like it is available. There is parking on the street that is available. Board Member Whitton, I think you are correct in the restaurant that they are trying to recruit for that location will probably be a dinner location. It can provide for breakfast and lunch too. There aren't any restrictions. They understand going in, they are relying on public parking in the area and the Farmer's Market on Saturday has been ongoing. It is obviously changing hours, which would have an impact, especially during that lunch period, but I don't think it will still have as much impact for the dinner period. It would be a difficult condition to manage as well. I'd rather it not be a condition, but the market can share that the bank has allowed parking in there. Board Member Whitton said I'm sorry, did I say condition? I didn't mean it to be a condition. I just meant something to be done along that order. Chairperson Lawson said we would have to have some means to be able to direct the staff or the forces to do something. I would think that would be included within some kind of a condition, would it not? Ms. Fountain said if it is something you want to regulate, then it would need to be put as a condition. Board Member Whitton said he is not suggesting that. I am just suggesting that now that you brought it up, perhaps they could get a letter of approval from the manager of the bank if that is what you are looking for and just simply have the Farmer's Market on that particular day toward the evening to post a sign "if you can't find parking, go here." I don't mean to condition it or to put somebody out there to direct traffic. Ms. Fountain said it is human nature in general that people want to park as close as they can to where they are going, which is why there is a perceived parking problem in the village. Over time, I think people will find that the parking lot is available to them. City Attorney Mobaldi said she concurs with Ms. Fountain's statement that it would be difficult to direct somebody to a private parking lot. I don't think we have the authority to do that. Chairperson Lawson said for clarification, the vendors themselves and those that have vehicles there for a long period of time, versus the patrons, they are requested to keep their vehicles to the back side or in areas other than right out on the street, is that not true? DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 7 of 8 Ms. Fountain said the market manager can explain better, but I think for the most part they park on site with their booths. Chairperson Lawson said in the whole area, there is no timed parking along Roosevelt or in the length of parking within the parking lot. Ms. Fountain said those parking lots do not have any time limits on them. During the week there is parking time limits on the street. Chairperson Lawson said assuming the patrons that are coming there, if they are there for a longer period of time, it may be they shopped at the market and then went on to stroll the village. Ms. Fountain said we can hope. Ms. Christy Johnson said each vendor has their own space in the parking lot on site right next to their booth. It is one of the wonderful things about our market, which is very different from most markets. We actually have a space for the vendors and make sure they don't take up extra parking. Chairperson Lawson said he would like to believe it is self-regulating and the farmers realize if they take valuable public parking, then they are losing customers. Ms. Johnson said this is a priority for her and she makes it a priority for them. Chairperson Lawson said if the motion is to follow the recommendation, then the last two lines of the subject line need to be added to the end of the motion, Which it starts with "and to modify," because that was not included. Board Member Baker said she moves the Design Review Board adopt Design Review Board Resolution number 333 recommending approval of Major Redevelopment Permit number RP 94-05A(X5) to amend the hours of the Saturday Farmer's Market and to extend the expiration date of the Redevelopment Permit to September 19, 2011, and to modify the required ratio of certified agricultural product booths to non-certified products and informational booths for both markets. Board Member Whitton seconded the recommendation. Board Member Baker said she looks forward to the Saturday afternoon Farmer's Market. The Wednesday Market has been very successful. The whole idea is to get people down in the village walking around. If they have to park a block or two blocks away, then so much the better because then they walk by windows and see something that is interesting and places they might want to go back and stop in or come back for lunch. I am all in favor of this, and I look forward to having more produce vendors down there so I don't have to drive over to Vista on Saturday morning looking for tomatoes. Board Member Prietto enjoys the Wednesday Farmer's Market and uses it when able to because I live downtown, but I am terribly disappointed with the Saturday Market. It is not satisfying. I talked to the neighboring shops, whether it is Diehl Evans or Mike or the kitchen, and they have their position that it is eating up a little bit of parking, and they don't particularly like it. As a resident, I really would like to not have to go to Cream of the Crop or Trader Joe's to get some fresh vegetables. I am really hopeful this is the right recipe and ingredient that we need to draw the farmers and make it vibrant. Chairperson Lawson said he recalls back when the Farmer's Market concept was brought forward. I actually was asked before being on the Design Review Board, to try to establish a new Farmer's Market in Carlsbad. The first location was to try to utilize the parking lot which was out by what was Anderson's Pea Soup. While everyone embraced the idea, I think that location proved that it just didn't have the complimentary pizzazz that locating it down in a village can provide. I think seeing the people here that are supporting this change, the research and the background that the applicants have done on this, I think it is probably a good choice and a good call. I think we do need to continue though to respect the issues of parking. While I realize very closely the challenges with parking because I have a business as well down on State Street, and parking is a challenge at any time. Yet there is that human factor that we all want to be as convenient to our destination DESIGN REVIEW BOARD MINUTES OCTOBER 27, 2008 PAGE 8 of 8 as possible. I think what I have heard is they are going to continue to try and make this work, and these are things that will be to the benefit of everyone. As long as they can help to try and keep people moving along and if those cars are down there, as we mentioned, for longer than the time someone would take to walk through, there are not a lot of farmers there that would cause someone to be there for three hours to make their way through everyone. I would like to think they are there and indeed shopping and visiting other businesses. With that, I as well can support what is being proposed. VOTE: 5-0 AYES: Baker, Lawson, Prietto, Schumacher, and Whitton NOES: None ABSTAIN: None ABSENT: None DIRECTOR'S REPORT Ms. Fountain said the only thing she wanted to share with the board is a reminder that on November 5, 2008, we will be having a joint public hearing with the Planning Commission. It will be in the Council Chambers again starting at 6:00 p.m. It is on the Army and Navy Academy Master Site Plan. We will have that item first, and then the Design Review Board members will be able to leave. I was asked to remind everybody that the Planning Commission meetings are televised and you are streaming live on the computer. ADJOURNMENT By proper motion, the Design Review Board of October 27, 2008, was adjourned at 6:53 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk CITY OF CARLSBAD NOTICE OF PUBLIC HEARING REQUEST TO AMEND THE HOURS AND EXTEND THE EXPIRATION DATE OF THE PERMIT FOR THE VILLAGE FARMER'S MARKET HELD EVERY SATURDAY NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 pm on Tuesday, December 16, 2008, to consider recommending approval of a request to amend Major Redevelopment Permit No. RP94-05(A)x4 to amend the hours of the Saturday Farmers Market and to extend the expiration date of the Redevelopment Permit for the Saturday Farmer's Market to September 19, 2011 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 Austin Silva 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. If you challenge the request to amend Major Redevelopment Permit No. RP94-05(A)x4 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 delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE NO.: RP94-05(A)x5 CASE NAME: FARMER'S MARKET CHANGE OF HOURS AND EXTENSION OF PERMIT HOUSING AND REDEVELOPMENT COMMISSION PUBLISH: DECEMBER 6, 2008 SITE Farmer's Market Change of Hours and Extension of Permit RP94-05(A)x5 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of December 06th, 2008 CITY OF CARLSBADNOTICE OF PUBLIC HEARING, REQUEST TO AMEND THE HOURS AND' EXTEND THE EXPIRATION DATE OF THEPERMIT FOR THE VILLAGE FARMER'SMARKET HELD EVERY SATURDAY NOTICE IS HEREBY GIVEN that the Housing andRedevelopment Commission of the City of Carlsbadwill hold a Public '-- :- 'u- ~' "'- "bers, 1200 (JarlsUnis, at 6:00 pm on .MvWu«7, —»»»..,..*.,• •», ..ww, ^consider recommending approval of a request toamend Major Redevelopment Permit No. RP94-05(A)x4 to amend the hours of the Saturday FarmersMarket and to extend the expiration date of the Re-development Permit for the Saturday Farmer's Marketto September 19, 2011 which occurs in the publicparking lot located mid-block on the east side ofRoosevelt Street between Carlsbad Village Drive andGrand Avenue in Land Use District No. 1 of the Carls-bad Village Redevelopment Area. Those persons wishing to speak on this proposal arecordially invited to attend me public hearing. If youhave any questions or would like a copy of the staffreport, please contact Austin Silva in the Housing andRedevelopment Department at (760) 434-2813. Youmay also provide your comments in writing to theHousing and Redevelopment Department at 2965Roosevelt Street, Suite B, Carlsbad, CA 92008. If you challenge the request to amend Major Rede-velopment Permit No. RP94-05(A)x4 in court, youmay be limited to raising only those issues you orsomeone else raised at the public hearing describedin this notice or in written correspondence delivered todelivered to the City of Carlsbad, Attn: City Clerk,1200 Carlsbad Village Drive, Carlsbad, CA 92008, ator prior to the public hearing. CASE FILE NO.: RP94-05(A)x5CASE NAME: FARMER'S MARKET CHANGE OF,HOURS AND EXTENSION OF PERMIT HOUSING AND REDEVELOPMENT COMMISSION PUBLISH: DECEMBER 6, 2008 NCT 2188914 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 08th^day of Decembe Jane Allshouse NORTH COUNTY TIMES Legal Advertising City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Artist?1 Salon and Gallery Attn: Joyce Wise 2933 Roosevelt Street Carlsbad, CA 92008 Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet j for Easy Peel Feature^iAVERY®5160® SCANLON FAMILY TRUST MR & MRS JAMES SCANLON 7306 BORLA PL CARLSBAD CA 92009 TUCKER FAMILY TRUST 2810 MADISON ST CARLSBAD CA 92008 JEANENE ENTERPRISES INC PO BOX 2258 CARLSBAD CA 92018 TAGUE FAMILY TRUST 3819 SKYLINE RD CARLSBAD C A 92008 ROCK PETER A + GEORGETTE TRS C/0 DADS LIQUOR 2421 S EL CAMINO REAL SAN CLEMENTE CA 92672 BICA JESSEE ADVENTURES L L C 2815 JEFFERSON ST #300 CARLSBAD CA 92008 WARD FAMILY TRUST ET AL 945 S ORANGE GROVE BLVD #D PASADENA CA 91105 HOWARD^IONES MARITAL TRUST C/O CAROLYN WOERPEL 2785 ROOSEVELT ST CARLSBAD CA 92008 GOLL FAMILY REVOCABLE TRUST 18 GETTYSBURG IRVINE CA 92620 MR DEWHURST DONALD 7541 GIRARD AVE LA JOLLACA 92037 BENCHMARK PACIFIC LTD II 550 LACUNA DR #B CARLSBAD CA 92008 DEWHURST FAMILY REVOCABLE TRUST 3425 SEACREST DR CARLSBAD CA 92008 CARLSBAD VILLAGE THEATRE LLC TOM MCMAHON 4028 PARK DR CARLSBAD CA 92008 MISSION SQUARE SHOPPING CENTER 1691 CAMINITOALIVIADO LA JOLLACA 92037 GARCIA ABEL C LIVING TRUST 1502 ROLLING HILLS DR OCEANSIDECA 92056 2921 ROOSEVELT LTD CALIFORNIA BUSINESS TRUST 7040 AVENIDA ENCINAS #104 T0109 CARLSBAD CA 92011 VILLAGE CORNER LLC 2998 STATE ST CARLSBAD CA 92008 PACHECO LEO + DIANNA J 2100 CHESTNUT ST CARLSBAD CA 92008 CLARKE FAMILY DECEDENTS TRUST 2665 JEFFERSON ST CARLSBAD CA 92008 KNAPP CLARK R + SHELLEY I 215WPALMST SAN DIEGO CA 92103 MACDONALD PROPERTIES LP C/O DONALD MACDONALD 2016 SHERIDAN RD ENCINITASCA 92024 HYLEN TRUST 5146 CHELTERHAM TER SAN DIEGO CA 92130 AVIS DOUGLAS M + LORI L TRUST B 550 LACUNA DR #B CARLSBAD CA 92008 GARCIA ABEL CETAL 2960 STATE ST CARLSBAD CA 92008 LAKRITZ LEOR + OPHIRA ET AL PO BOX 1029 TUSTINCA 92781 GUNTER FAMILY TRUST OF 1983 PO BOX 749 SAN PEDRO CA 90733 HUMPHREYS MARVIN S TR 140 ACACIA AVE CARLSBAD CA 92008 WILLIS GEORGE R + JACKYE E TRS 2050 LAURIE CIR CARLSBAD CA 92008 SATTERLY FAMILY TRUST 1349MELROSEWAY VISTA CA 92081 HURLEY THOMAS J ET AL 1015 CHESTNUT AVE #F2 CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille construction www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet j for Easy Peel Feature^AVERY®5160® ALL AMERICAN ENGINEERING + TRADING INC ETAL 721 MCGAVRAN OR VISTA CA 92081 VANDYKE ROSE M TRUST ET AL 1424 SAPPHIRE DR CARLSBAD CA 92011 PETERS JERRY 2004 TRUST PO BOX 1091 CARDIFF CA 92007 MCMILLIftCARLSBAD INVESTORS L L C 2727 HOOVEttAVE NATIONAL CrnVOA 91950 ZULICK TRUST 1687 BRAD YCIR CARLSBAD CA 92008 GORDON FAMILY TRUST PO BOX 130065 CARLSBADCA92013 M+MGTRUST ETAL PO BOX 1667 CARLSBAD CA 92018 RAPPAPORT FAMILY TRUST 1460 RAVEAN CT ENCINITASCA 92024 ESFAHANI MOJTABA + VAKILIAZITA TRUST 14824 VISTA DEL OCEANO DEL MAR CA 92014 PACKARD BUILDING PARTNERSHIP 725 GRAND AVE CARLSBAD CA 92008 BANK OF COMMERCE ATTN:R/ETAXDEPT 2800 E LAKE ST MINNEAPOLIS MN 55406 GREAT WESTERN BANK CIO EPROPERTY TAX INC DEPT304 PO BOX 4900 SCOTTSDALE AZ 85261 RAY GENE S + MARGARET A 2959 JEFFERSON ST CARLSBAD CA 92008 PARKER FAMILY PROPERTIES L L C C/0 KATHRYN M VENEZIA 560 HIGHLAND DR DANVILLE CA 94526 TSAI CHIN LUNG+ YUO 2958 MADISON ST CARLSBAD CA 92008 BANK OF AMERICA NT+SA 101NTRYONST CHARLOTTE NC 28255 MONTALBANO MARGUERITE TRUST BANK OF AMERICA 101 N TRYON ST CHARLOTTE NC 28255 SIMS TRUST 2820 WILSON ST CARLSBAD CA 92008 CARLSBAD VILLAGE PARTNERS L L C 3303 LILAC SMT ENCINITAS CA 92024 ACUNA FAMILY LIVING TRUST 91MAYNARDAVE NEWBURY PARK CA 91320 KFC NATIONAL MANAGEMENT CO CIO KFC TAX #Y450066 PO BOX 35370 LOUISVILLE KY 40232 TERAN SARA C 305 DATE AVE CARLSBAD CA 92008 MANNO ILARIO + MARIE 3067 ROOSEVELT ST CARLSBAD CA 92008 CARLSBAD GRAND LLC CIO JAMES PONEIL 701 B STREET SAN DIEGO CA 92101 OSTRIE FAMILY INC C/0 WILLIAM OSTRIE PO BOX 8 RANCHO SANTA FE CA 92067 BENCHMARK PACIFIC LTD 550 LACUNA DR #B CARLSBAD CA 92008 ROOSEVELT TAMARACK INVESTMENTS L P 6VENTURE #215 IRVINE CA 92618 AHRONEE ESTER REVOCABLE TRUST 4440 GATHER AVE SAN DIEGO CA 92122 BEAZLEY BRENT + DENISE FAMILY TRUST 16633 VENTURA BLVD #1030 ENCINO CA 91436 BULLOCK SHERYL F TR C/OCALB&T 300 LAKESIDE DR #8 OAKLAND CA 94612 Etiquettes faciles a peler Utilise? IP aabarit AUFRY® 5160®Sens de charaement Consultez la feuille d'initrurtion www.avery.com 1-800-GO-AVFRY Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet; for Easy Peel Feature ^IAVERY®5160® KORNBERG IRIS P 10880WILSHIREBLVO #1840 LOS ANGELES CA 90024 SECURITY PACIFIC NATIONAL BANK BULLOCK SHERYL F TR C/OCREF 300 LAKESIDE DR OAKLAND CA 94612 Etiquettes faciles a peler Iltilkd7 la naharit AVFRY® 51 fin®Sens de charaement Consultez la feuille H'inctnirtinn www.avery.com 1-stnn.An-AVFRV Carlsbad Village Business Association 2579 State Street, Suite B, Carlsbad, CA 92008 Phone: 760-434-2553 « Fax: 760-434-5569 ^_J_^_^ "*./ www.shopcarlsbadvillage.org « info@shopcarlsbadvillage.org ^UttWBWB.^^ /- IJ?AGENDA ITEMS, c: Mayor December 16, 2008 BlEVlSEu CityConndl 1200 Carlsbad Village Drive Carlsbad, CA 92008 rn i»City Clerk Dear Mayor Lewis and Council Members, I send my regrets that, due to illness, I will not be able to attend tonight's City Council meeting and speak to you in person regarding the continuation and the time change proposal for the Saturday Carlsbad Village Farmers' Market. Christy Johnson, the Farmers' Market Manager will be there in my stead to provide answers to any questions that you may have regarding the change in market hours or any other issues regarding the market. I would like to take this time to reiterate to you how important we feel the market is to Carlsbad. The Farmers' Market, in its current state brings in approximately 300 - 500 people to Village every Saturday morning, many of whom eat breakfast in many of the local restaurants such as Al's Cafe, The Grand Deli, and Don's Country Kitchen. Market customers also frequent other businesses in the Village as well as enhance the pedestrian feel of the Village. Our customers enjoy the market and utilize it as a meeting place and develop relationships with our produce, food and art vendors. We like to think that our market is a microcosm of our village and our city; a friendly, fun, healthy environment for families. Our produce brings local, fresh and often organic food choice into the community that otherwise would have to be sought outside of the village and even the city of Carlsbad. The CVBA hopes to continue to do even more to enhance the local health and economy by creating a green market, eliminating plastic bags and smoking from the market and promoting wellness through educational programs at the market. We will continue to support local service groups and non-profits by providing them free space to educate and recruit volunteers and supporters for their programs. When I first began working for the CVBA in March of 2007, I was tasked with enhancing the Saturday Market in a way that would more closely resemble the Oceanside Sunset Market. My initial proposal to staff was rejected and I was told that the Saturday Market would be closed by September of 2008. After a meeting with Debbie Fountain I came to understand that the City felt that the market was not a true Farmers' Market and the issue at hand was the number of farmers selling at our Saturday market. Initially, I was prepared to just let the Saturday Market go as it seemed to be the will of the City. As I began to speak to customers and vendors at the market I was able to see just how important the market was not only to the vendors, but to the people for whom the market represented a community and a way of life. While some may argue that we do not need a Saturday market, that one market a week is plenty, our Saturday customers absolutely disagree. The Saturday market is a necessity to many people who cannot attend the Wednesday Market due to work and an added blessing for those customers who do come to the market both days. As I began to speak to people who would lose their livelihoods and to those who would feel compelled to visit other markets in other cities I felt a deep need to not only continue the market but to build the kind of market that could benefit so many. As Christy and I began to work to save the Saturday market we received over 500 signatures from Farmers' Market customers who supported a continuation of the market and a change in hours to 1 pm to 5pm. In addition, we received over 40 signatures from business owners surrounding the Farmers' Market who were in support as well. As requested by the Mayor and other council members we were also able to secure signed commitments from 18 local produce vendors to attend our market if the hours were to change as well as 12 other farmers who would be interested in attending as well. We believe that with the requested time change we will easily exceed the expectations of the City and create a market even more successful than the Wednesday Market. We are continuing to work on Farmers' Market improvements as we await your decision tonight to allow us to change the hours of the market and continue the market until 2011. We are currently working on the design of new signage for the market to replace our old worn signs as well as secure advertising and preparing press releases for a new market hours - Grand Opening. The CVBA is committed to creating a market that will be the pride of Carlsbad and provide a clean, healthy and happy environment for the citizens of this fine city. I truly appreciate the support I have received from staff as we prepare to continue the market. Thank you for your time and consideration as you make your decision tonight. With my most sincere regards, Robin Young Executive director Marilyn Strong - Farmers' Market Hearing Tonight From: Robin Young <robin@shopcarlsbadviliage.org> To: <mstro@ci.carlsbad.ca.us> Date: 12/16/2008 9:57 AM Subject: Farmers' Market Hearing Tonight .Pagelofl AGENDA ITEM # c: Mayor City Council City Manager CttyAfforney City Clerk * "$&"$?j-rrj"V." ,,-*, ~^h «r JTonight the City Council will be considering the extension and time change of the Saturday Farmers' Market. Please plan to attend this evening's Council meeting to show your support of the continuation of the Saturday Farmers' Market. I Thank You! Carlsbad City Council Meeting 6:00 pm TONIGHT 1200 Carlsbad Village Drive Carlsbad, California 92008 Forward email t fl i a! i 1 '*' i ci r K 6 i. I fi y u V ElSafeUnsubscribe® f --^j This email was sent to mstro@ci.carlsbad.ca.us by robin@shopcarlsbadvillaqe.org. •"**_ ^~J Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. CorKMrtfContact' T K V I T f- it K K B> HE1! CVBA | 2579 State Street | Suite B | Carlsbad | CA | 92008 COPY file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49477B71GW-... 12/16/2008 Page 1 of 1 Marilyn Strong - In Support of Carlsbad Farmer's Market From: "Carianne McLellan" <Cmclellan@welkgroup.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/15/2008 12:13 PM Subject: In Support of Carlsbad Farmer's Market CC: "Christy Johnson" <rhythm_central@yahoo.com> Marilyn Strong, Our company participates in the Carlsbad Farmer's Market and strongly wishes to continue on Saturday's from 1-5pm. Please recognize our organization's support of the Saturday market as consider the other businesses involved. Kind Regards, Carianne McLellan Event Coordinator, %fe/£ 'R&orts 2851 Camino Del Rio South, Suite 300 San Diego, California 92108 Bus: 6197516-7814 Fax: 619-285-5660 cmclel|ani(B>vel!kgroiip,coiii file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\494649FAGW... 12/15/2008 Page 1 of 1 Marilyn Strong - Farmer's Market Support. Stf^ws^^ .-it; From: "Shel" <shelleyvermicoast@roadrunner.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/12/2008 9:13 PM Subject: Farmer's Market Support. ] heartilu support the ongoing ^aturdau's j armer's Market here in the pm in (^arlsDad. | have to be out of town for the council meeting or ] would be there. ~\f3nelleLj (jrossman www.vermicoast.com file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\4942D3E2GW... 12/15/2008 Blank Page 1 of 1 Marilyn Strong - Change Saturday Farmers Market From: "Bettyann Pernice" <bettyann50@san.rr.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/13/2008 8:44 AM Subject: Change Saturday Farmers Market CC: <rhythm_central@yahoo.com>, "Robert Pernice" <perniba@yahoo.com> Dear Marilyn, I am sending you this note to express my wishes that the Saturday Carlsbad Village Farmers Market be permitted to change hours from morning to afternoon 1 PM to 5 PM. I work in the evening and cannot attend the meeting on Tuesday. As a vendor, I believe it is necessary for the hours to be changed in order to enlist additional Farmers to join us. Please permit this change so that the market may change its hours to afternoon. Thank you! Bettyann Pernice, President Italian Ice Queen, Inc. 858-613-1950 file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49437601GW-... 12/15/2008 Page 1 of 1 Marilyn Strong - ab out Saturday farmers market From: peter frangos <petrosnl@sbcglobal.net> To: <Mstro@ci.carlsbad.ca.us> Date: 12/13/2008 10:34 AM Subject: ab out Saturday farmers market My name is Peter Frangos work in twenty eghit years in the food industry I support the ideal for after noon farmers market because i work for more year in sunset market in ocean side I believe hot food will bring a lot of business in carlsbed. happens in sunset market in Oceanside and if you need any assistant please call me peter Frangos phone 619-561-1757 e-mail petrosM_@sbcglobaLnet webwww.cateringbypetros.com file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49438FBEGW... 12/15/2008 Page 1 of 1 Marilyn Strong From: lee juskalian <drbigness@yahoo.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/13/2008 5:55 PM please save the Saturday, carlsbad farmer's market, sincerely, lee juskalian encinitas file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\4943F711GW-... 12/15/2008 Page 1 of 1 Marilyn Strong - changing times of market From: Kirsten <kirsten@brain-storm.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/12/2008 2:51 PM Subject: changing times of market Please can you change the times so we can have the market on both days? thanks Kirsten Cavendish Director Brainstorm Creative Inc. Direct Line: +1 8056174516 Cell: +1 805 689 3605 Main: +1 8059699777 Ext: 112 London: 0208 150 3744 vyvyvy.Main-stormx;om ikirste oca ye n djs h ,_co m "The fabulous is never anything more than the commonplace, touched by the hand of genius" - Boris Pasternak file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49427A5BGW... 12/12/2008 ("(12/12/2008) Marilyn Strong - Farmer's Market Page 1 From: "Tyson Perez" <drtysondc@gmail.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/12/2008 3:12 PM Subject: Farmer's Market I urge you to allow the Sat Farmers Market to change to the afternoon. It is a vital part of the local community. Thank you. Dr. Tyson Perez, DC, CCSP, CSCS West Coast Chiropractic 3144 El Camino Real Suite201 Carlsbad, CA 92008 (760) 720-2920 "The doctor of the future will give no medicine, but will interest his patients in the care of the human frame, in proper diet, and in the cause and prevention of disease." -Thomas Edison Page 1 of 1 Marilyn Strong - re: meeting From: nancy lynch <nelcal6@yahoo.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/12/2008 11:41 AM Subject: re: meeting can't make it, but i vote for moving the time so as to keep Sat. mkt. Regards, Nancy file://C:\Documents and Settings\Mstro\Local Settmgs\Temp\XPGrpWise\49424DDFGW... 12/12/2008 Page 1 of 1 Marilyn Strong - Carlsbad Farmer's Market SAT From: Eliz Lang <eliz.lang@yahoo.com> To: <Mstro@ci.carlsbad.ca.us> Date: 1 2/1 2/2008 10:04 AM Subject: Carlsbad Farmer's Market SAT I would like to register my vote YES to keep the Farmer's market on Saet in the afternoon. Thank you for keeping the local market alive & well, we all appreciate it greatly. Eliz Lang file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49423726GW-... 12/12/2008 Page 1 of 1 Marilyn Strong - Saturday Farmers Market From: "TitaLyon" <jewelrybytita@gmail.com> To: "Mstro@ci.carlsbad.ca.us" <Mstro@ci.carlsbad.ca.us> Date: 12/12/2008 9:48 AM Subject: Saturday Farmers Market To whom it may concern, Please help us keep the Saturday Framers Market open. I am a vendor on occasion as well as someone who enjoys the farmers market on Saturday mornings due to me working full time. I cannot attend the farmers market on Wednesday because it is in the middle of work hours so I try and make it to the market on Saturdays. Sincerely, Maria Lyon www.lyonessgems.com (website still in construction) Beautiful, Glorious, Handmade Fine Gemstone Jewelry, all at low prices! file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\4942337CGW-... 12/12/2008 Page 1 of 2 Marilyn Strong - Re: Public Hearing re: Carlsbad Farmers' Market * From: "Ms. Christy Johnson" <rhythm_central@yahoo.com> To: Carol Matthews <caml945@sbcglobal.net> Date: 12/12/2008 9:07 AM Subject: Re: Public Hearing re: Carlsbad Farmers' Market CC: <Mstro@ci.carlsbad.ca.us> Thanks, Carol, I have forwarded this emial to Marilyn Strong, City Council Administrator. Christy — On Fri, 12/12/08, Carol Matthews <caml945@sbcglobal.net> wrote: From: Carol Matthews <caml945@sbcglobal.net> Subject: Re: Public Hearing re: Carlsbad Farmers' Market To: rhythm_central@yahoo.com Date: Friday, December 12, 2008, 7:27 AM I would like it moved to the pm But I will be attending my grand daughters choral concert at MLK on Tues pm. You may use my email to voice my opinion. Carol Matthews From: Ms. Christy Johnson <rhythm_central@yahoo.com> To: Christy Johnson <rhythm_central@yahoo.com> Sent: Thursday, December 11, 2008 12:28:17 PM Subject: Public Hearing re: Carlsbad Farmers' Market Dear Friends, As you may know the Saturday Carlsbad Village Farmers' Market needs your support to change our time from the morning to the afternoon (l-5pm). If we do not get approval to change the time, so that we can enlist more Farmers, we may have to close the Saturday market (Wednesday's market is not in jeopardy). Please attend this final crucial public hearing with the Mayor and the City Council. Simply show up and listen, if you want to talk you can do that, too...but we mostly need bodies there to show support! Tuesday, December 16, 6pm Council Chambers, City Hall 1200 Carlsbad Village Drive Thanks so much! Christy Johnson file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\494229EBGW... 12/12/2008 Page 2 of2 Farmers' Market Manager 760-687-6453 Did you send a Holiday card to the troops yet? Want the Secret to Great Romance? Visit: www. RhythmDanceRomance.com file://CADocuments and Settings\Mstro\Local Settings\Temp\XPGrpWise\494229EBGW... 12/12/2008 Page 1 of 2 Marilyn Strong - Re: Public Hearing re: Carlsbad Farmers' Market From: "Ms. Christy Johnson" <rhythm_central@yahoo.com> To: Thomas Flanagan <t.flanagan@roadrunner.com> Date: 12/11/2008 9:28 PM Subject: Re: Public Hearing re: Carlsbad Farmers' Market CC: <Mstro@ci.carlsbad.ca.us> Tom and Joan, Thank you for your support. I have forwarded your email to Marilyn Strong, the Administrator for the City Council. --Christy — On Thu, 12/11/08, Thomas Flanagan <t.flanagan@roadrunner.com> wrote: From: Thomas Flanagan <t.flanagan@roadrunner.com> Subject: Re: Public Hearing re: Carlsbad Farmers' Market To: rhythm_central@y ahoo.com Cc: "Joan Flanagan" <gemstonejoan@yahoo.com>, "Thomas Flanagan" <t.flanagan@roadrunner.com> Date: Thursday, December 11, 2008, 12:50 PM Christi - We both support the Saturday Carlsbad Village Farmers' Market. We hope you get city council approval. Good Luck! Tom and Joan Flanagan 3331 Donna Drive Carlsbad, CA 92008 Phone : (760)729-2574 Cell : (760)533-6200 Fax : (760)729-7474 E-mail : Ltanagan@roadrynn^:com — Original Message — From: Ms,_Chrjstyjohnson To: Christy.Johnson Sent: Thursday, December 11, 2008 12:28 PM Subject: Public Hearing re: Carlsbad Farmers' Market Dear Friends, As you may know the Saturday Carlsbad Village Farmers' Market needs your support to file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49418617GW-... 12/12/2008 Page 2 of2 change our time from the morning to the afternoon (l-5pm). If we do not get approval to change the time, so that we can enlist more Farmers, we may have to close the Saturday market (Wednesday's market is not in jeopardy). Please attend this final crucial public hearing with the Mayor and the City Council. Simply show up and listen, if you want to talk you can do that, too... but we mostly need bodies there to show support! Tuesday, December 1 6, 6pm Council Chambers, City Hall 1200 Carlsbad Village Drive Thanks so much! Christy Johnson Farmers' Market Manager 760-687-6453 Did you send a Holiday card to the troops yet? Want the Secret to Great Romance? Visit: www.RlivthmDanceRomance.com file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49418617GW-... 12/12/2008 Page 1 of 2 Marilyn Strong - Re: Public Hearing re: Carlsbad Farmers' Market From: "Ms. Christy Johnson" <rhythm_central@yahoo.com> To: Stephani Miner <stefl7@roadrunner.com> Date: 12/11/2008 9:33 PM Subject: Re: Public Hearing re: Carlsbad Farmers' Market CC: <Mstro@ci.carlsbad.ca.us> Stephani, Thanks for your support. I have forwarded this email to Marilyn Strong, the Administrator for the City Council. --Christy — On Thu, 12/11/08, Stephani Miner <stefl7@roadrunner.com> wrote: From: Stephani Miner <stefl7@roadrunner.com> Subject: Re: Public Hearing re: Carlsbad Farmers' Market To: rhythm_central@yahoo.com Date: Thursday, December 1 1 , 2008, 9: 1 0 AM Christy, I can't be there - all I can say is use this email to let them know I support the time change. Stephani Miner 817KalpatiCircle Unit 116 Carlsbad 92008 760/434-1166 Perhaps others are in the same situation of not being able to attend yet their opinion matters, still. Thanks, Stef Miner — Original Message — From: Ms. Christy Johnson To : C h ri sty J oh n so n Sent: Thursday, December 11, 2008 7:53 AM Subject: Public Hearing re: Carlsbad Farmers' Market Dear Friends, As you may know the Saturday Carlsbad Village Farmers' Market needs your support to change our time from the morning to the afternoon (l-5pm). If we do not get approval to change the time, so that we can enlist more Farmers, we may have to close the Saturday file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\49418741GW-... 12/12/2008 Page 2 of2 market (Wednesday's market is not in jeopardy). Please attend this final crucial public hearing with the Mayor and the City Council. Simply show up and listen, if you want to talk you can do that, too...but we mostly need bodies there to show support! Tuesday, December 16, 6pm Council Chambers, City Hall 1200 Carlsbad Village Drive Thanks so much! Christy Johnson Farmers' Market Manager 760-687-6453 Did you send a Holiday card to the troops yet? www.LetsSayThanks.com Want the Secret to Great Romance? Visit: www.RhythmD.anceJRornanc_e.com file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\4941874.1 GW-... 12/12/2008 Page 1 of 1 Marilyn Strong - Saturday Farmer's Market Support From: "Bertrands" <Bertrands@Discoverymap.com> To: <Mstro@ci.carlsbad.ca.us> Date: 12/16/2008 10:30 AM Subject: Saturday Farmer's Market Support Dear Marilyn, I cannot make it to the Council Meeting tonight, but I did want to register my support for the change in hours to our Village's Farmers Market, I hope you will add my name to the list of other Carlsbad residents supporting this move to make the Market later in the day on Saturday's. My family will frequent this event regularly. Thank you for your attention to this contact. Best Regards, Mike Bertrand (760) 720-0658 - Office (760) 889-1450-Cell file://C:\Documents and Settings\Mstro\Local Settings\Temp\XPGrpWise\4947834EGW-... 12/16/2008 [~(12/16/2008) MarilyfTstrong - Farmers Market PageT From: Salvador Leon <sleon@mac.com> To: "Mstro@ci.carlsbad.ca.us" <Mstro@ci.carlsbad.ca.us> Date: 12/16/2008 10:51 AM Subject: Farmers Market Hello Ms. Strong, Please consider Saturday's Carlsbad Village Farmers Market time change to 1-5 pm. It will benefit the community farmers and other merchants.Thank You Salvador Leon www.sdnh.org Sent from my iPhone Housing & Redevelopment Housing & Redevelopment CommissionCommissionDecember 16, 2008December 16, 2008Farmer’s Market Change of Hours and Extension of Permit SITE Saturday Farmer’s Market„Established in 1994„Operated by the CVBA„Current Permit Expired in September 2009 Hours & Days of Operation•Saturday Operations:••Year Round;Year Round;9 A.M.9 A.M.––1 P.M. 1 P.M. ••Setup Setup 8 A.M. 8 A.M. Clean Up By Clean Up By 2 P.M.2 P.M. Operating Conditions (Wednesday & Saturday)•Maximum No. of Booths - 33•23 Certified Agricultural Products•6 Non Produce Booths•2 Arts & Crafts Booths•1 Educational Booth•1 Promotional Booth for Village Businesses Requested Hours & Expiration DateSaturday Operations:••YearYear--Round;Round;1 P.M. – 5 P.M.••SetupSetup12 P.M.& Clean Up By 6 P.M.& Clean Up By 6 P.M.New expiration date of September 19, 2011 to be consistent with expiration date of Wednesday Market. Recommended Operating Conditions (Wednesday & Saturday)•New condition on permit to require at least two certified agricultural product booths to every non-certified product and informational booth during all hours of the market. Parking Count••Parking lot A (corner of Carlsbad Parking lot A (corner of Carlsbad Village Drive) had a 62.3% average Village Drive) had a 62.3% average utilization rate over 2 Saturdaysutilization rate over 2 Saturdays••Parking lot B (site of FarmerParking lot B (site of Farmer’’s Market) s Market) had a 8.3% average utilization rate had a 8.3% average utilization rate over 2 Saturdaysover 2 Saturdays 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 Farmer’s Market Summary••Well received by Well received by local merchantlocal merchant’’s, s, residents, and residents, and visitors of Carlsbad.visitors of Carlsbad.••Provides unique Provides unique shopping shopping opportunityopportunity••Encourages greater Encourages greater pedestrian activity.pedestrian activity. Staff Recommendation•Approve RP 94(A)X5