A proposed compromise would force the Red Barn flea market to
cut its sales area by nearly half, but would temporarily allow more
outdoor sales space while the yellow-tagged barn is brought up to
code.
Jim Johnson
A proposed compromise would force the Red Barn flea market to cut its sales area by nearly half, but would temporarily allow more outdoor sales space while the yellow-tagged barn is brought up to code.
But the proposal made Tuesday by Monterey County supervisors could cost hundreds of low-income vendors their stall spaces at the North County market.
Under the proposal, made by Supervisor Lou Calcagno, the Red Barn market would eventually be required to reduce its outdoor sales space to an area described in a 30-year-old use permit. That includes about half of about 15 acres now in use.
But the owner would be allowed to transfer about 20,000 square feet of indoor sales space from the Red Barn, which was closed late last year because of code violations, to the outdoor market until the the barn reopens.
It was unclear how many of the Red Barn’s estimated 700 vendors, each of whom employs at least one assistant, would be forced out by the proposal.
Tuesday’s hearing, which drew a smaller crowd than previous hearings, involved an appeal by owner Fran Ellingwood of a county Planning Commission ruling that the Sunday bazaar exceeded boundaries of its 30-year-old use permit, as well as other alleged violations. The county’s action grew out of complaints by the area’s residents about the market’s impact on traffic congestion and safety.
County scrutiny resulted in issuance of a use-permit violation in late 2008, as well as code enforcement inspections that closed
the barn and found other violations. A number of vendors reportedly left during the county crackdown.
While indicating support for Calcagno’s proposal, supervisors postponed final action to Feb. 23 to allow staff to work out the details.
Attorney Christine Kemp, who represents Ellingwood, said her client would have to look at what the proposal would mean for her business, but she lauded the board for a willingness to seek a “creative” solution.
“It seems like the county is trying to accommodate the existing situation,” Kemp said. “We have to evaluate what the impact will be.”
Attorney Myron “Doc” Etienne, who has represented Ellingwood and the Red Barn business for more than 30 years, declined comment.
Etienne argued Tuesday that the Red Barn always intended to expand its outdoor market since applying for an expanded parking permit in 1979, and that county officials knew it and never brought up a new use permit. He said the market operated in its present configuration for more than 30 years without a violation.
County Planning Director Mike Novo said county records indicated that sales were expressly prohibited outside the use-permit boundaries.
Supervisor Fernando Armenta said the county bears a “fair amount of responsibility” for the situation because county officials knew about it for years. He called for a “win-win” solution that wouldn’t harm hundreds of vendors and their families who rely on the market in the midst of a struggling economy.
Several vendors pleaded with supervisors to remember how important the Red Barn market is to many people. One person asked the board to continue the hearing to allow more vendors to weigh in.
A handful of speakers urged supervisors to uphold county rules and argued that vendors should blame the Red Barn owner for their plight, not the county.
Supervisor Jane Parker said county records were clear, and the board was simply requiring the Red Barn to finally meet the terms of its use permit.
Calcagno agreed, saying the rules needed to be followed despite the impact on vendors who he said were “trying to be American entrepreneurs.”
Supervisors approved a historic designation for the 65-year-old barn, which ultimately could make it easier to resolve the violations.
In the meantime, the Red Barn’s owner can apply for a new use permit to restore the previous sales space, but that would require a new public hearing and there is no guarantee of success.
Supervisors indicated they would support a bid by the Red Barn to expand its sales space once the proposed, and long-delayed, Highway 101-San Juan Road overpass is built.
