McClatchy news wire

A last-minute bid to keep more Red Barn flea market vendors in business fell short Tuesday as the Board of Supervisors followed through on plans to curtail the iconic Sunday bazaar's operations.

The board voted 3-2 in favor of denying an appeal from Red Barn owner Fran Ellingwood regarding a Planning Commission finding that the market had expanded outside the boundaries of its 30-year-old use permit.

That means more than half of the estimated 400 vendors, many of them low-income, will lose their booth spaces when the Red Barn market is required to return to its original boundaries March 5.

County staff estimated there would be room for up to 150 vendors at the market, including an additional 50 allowed outside until the historic Red Barn building is brought up to code. After that happens, the 50 vendors could move inside the barn. Ellingwood has until July 1 to do so.

But attorney Myron "Doc" Etienne, who represents Ellingwood, warned the board that slashing such a large number of vendors could put the Red Barn out of business, noting that the county is requiring a series of expensive code enforcement repairs.

Dozens of vendors, many of them primarily Spanish-speaking, showed up to Tuesday's hearing. It was a contrast to a much lighter turnout two weeks ago, when supervisors indicated they would deny the appeal.

The vendors pleaded with the board not to shut down what they called a crucial source of income during tough economic times.

Red Barn representatives presented an alternative plan that would have allowed about 250 vendors to keep their spaces. The plan took the total allowed sales space under the use permit and spread it across the current market area, rather than sticking to the original boundaries.

They noted that fire and safety codes changed in the past 30 years, essentially cutting the amount of allowed sales space below original levels. New structures added to the site over the years have shrunk the sales space further.

Operators blamed Supervisors Jane Parker, Lou Calcagno and Dave Parker, who voted to deny the appeal, expressed sympathy for the plight of vendors who will lose their spaces, but they blamed the market's operators for the problem. They urged vendors to direct their energy toward getting the operators to comply with the county's rules so they can have the opportunity to expand.

"I'm just so sorry that the operators of the Red Barn created a situation of unsustainable expectations and operations," Parker said, adding that she believes county staff has indicated a willingness to work with the owner on resolving the situation.

Calcagno cited the number of violations on the site involving the use permit and code enforcement, and called the matter a "moving target."

He said he would need a "total plan" for the site before considering changes, noting the staff's recommendation to require the Red Barn owner to apply for a formal use permit amendment rather than attempt a last-minute alternative plan.

Supervisors Fernando Armenta and Simon Salinas, who voted against denial, said the county bears some responsibility for the long-standing issue and should do what it can to alleviate the impact on vendors.

Salinas called the matter "more than a land-use issue" and said the vendor cutback was too extreme for him to support.

"I'm very concerned that the vendors are caught in the process and this will create a health and welfare situation for the vendors and their families and their children," Armenta said.

Etienne said a use permit amendment would be an expensive avenue to pursue with no guarantee of success, especially considering the amount of money his client is investing in the site, though he acknowledged that a use permit application has been pulled.

County scrutiny increased on the Red Barn's operations in 2008 after complaints about traffic associated with the market, and the business was issued a use permit violation shortly afterward. Well-attended Planning Commission hearings followed, as well as code enforcement inspections that found several violations and shut down the Red Barn building, which was subsequently added to the county's historic registry.

County staff told the board that the Red Barn's operators have already missed key deadlines to comply with an order to correct code violations.
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