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PLN14-0383 - 2700 Saratoga Street - Antiques by the Bay-The applicant seeks an extension of an existing interim Use Permit for the monthly Antiques by the Bay event, the Alameda Antiques Faire. The proposed extension would allow the monthly event to continue for two years, to expire on March 31, 2017.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
APPLICATION NO: PLN14-0383 - 2700 Saratoga Street - Antiques by the Bay
PROJECT
DESCRIPTION: The applicant seeks an extension of an existing interim Use Permit for the monthly Antiques by the Bay event, the Alameda Antiques Faire. The proposed extension would allow the monthly event to continue for two years, to expire on March 31, 2017.
GENERAL PLAN: Parks and Open Space
ZONING: Open Space (AP-OS)
ENVIRONMENTAL
DETERMINATION: Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
PROJECT PLANNER: Deborah Diamond, Planner
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and occupants within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has not received any public comments on this proposed project.
EXHIBITS: 1. Event Booth Layout Plan
2. Dealer Contract
3. Site Map
ACRONYMS: CEQA: California Environmental Quality Act.
RECOMMENDATION: Find that the project will not cause significant adverse effects to the physical environment, is Categorically Exempt from environmental review and approve the project with conditions based on the following findings contained in this report.
PROPOSAL SUMMARY:
On July 24, 2014, the applicant, Antiques by the Bay, filed an application to renew an expired interim use permit to enable continued operations of the Alameda Antiques Faire on Runway 7/25 at Alameda Point. The Antiques Faire is held one Sunday per month and accommodates up to 1,000 vendor booths. Four thousand customer parking spaces are provided, as well as 78 secure bicycle parking spaces and 600 vendor parking spaces. An October 2014 traffic study shows that recent traffic generation, approximately 8,000 trips on event days, is comparable to that documented in a 1998 traffic study, and that key intersections are operating at Level of Service C or better. A shuttle bus will be provided to reduce traffic. The operation includes a ticket sales booth, food vendor stands, and service facilities, including portable toilets and hand cleaning stations, and emergency facilities for medical care. The Antiques Faire is located on the future site of a Veterans Administration Hospital. Consequently, the renewed permit will expire in two years.
USE PERMIT FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed use occurs on Sundays when activity at neighboring uses is reduced. Furthermore, the conditions include adequate protection of the adjacent future Wildlife Refuge, adjacent businesses at Alameda Point and the neighborhood. These include maintenance of existing fencing, prohibitions on bringing domestic animals onto the site, and limitations on light and noise.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
Main Street, Stargell Avenue, and Appezzato Parkway provide access to the Antique Faire site, and a nearby bus stop and ferry terminal are within a mile of the site. The site has adequate parking for 4,000 customer vehicles, 600 vendor vehicles, and 78 bicycles. An October 2014 traffic study shows that recent traffic generation, approximately 8,000 trips on event days, is comparable to that documented in a 1998 traffic study, and that key intersections are operating at Level of Service C or better.
The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy.
The use is active for only one Sunday per month. Pedestrian activity will occur within a patrolled perimeter fence; and the applicant is required to comply with the municipal stormwater ordinance and implement pollution prevention practices described by the Alameda Countywide Clean Water Program and the California Storm Water Best management Practices Industrial and Commercial Handbook for all site-related activities. The conditions of approval will also ensure that the potential impacts from light, noise and traffic will not be significant.
3. The proposed use favorably relates to the General Plan.
The use provides an opportunity to introduce visitors to Alameda Point. The use is interim and will not conflict with the attainment of General Plan objectives and goals for the future development of Alameda Point.
CONDITIONS:
1. Approved Plans and Operational Specifications. The use shall conform to plans and operational specifications on file in the Community Development Department Offices, and listed below:
a. Event booth layout plan marked "Exhibit 1".
b. Dealer Contract marked "Exhibit 2".
c. Site Map marked "Exhibit 3".
d. This Use Permit shall expire on March 31, 2017.
2. Compliance with Conditions. The applicant shall ensure compliance with all of the following conditions. Failure to comply with any conditions may result in the business operation being stopped, issuance of a citation, and/or modification or revocation of the permit.
3. Approved Use. The following uses are allowed subject to these Conditions of Approval:
a. Up to 1,000 booths at Runway 7/25 and adjacent paved areas for one Sunday a month. The following goods and services may be offered:
i. A minimum of 90% of the booths shall sell antiques and collectible merchandise including furniture, clothing, household goods, automobiles and automobile parts. "Antiques" are defined as items over 100 years old. "Collectible items" are items which are more than 20 years old and of nostalgic, cultural, artistic or vintage interest. Additionally, these booths may sell goods and services related to antiques and collectibles, such as furniture polish, glass and wood repair services, and books about, or catalogues of antiques and collectible items, which are not 20 years old.
ii. A maximum of 5% of the booths may sell food, beverages, plants or produce.
iii. A maximum of 5% of the booths may provide information for community groups such as the Chamber of Commerce or entertainment. Of this 5% of booths, not more than ten (10) may provide non-amplified music within the event, subject to noise restrictions set forth in Condition 9.
b. Portable restrooms, portable hand cleaning stations, medical booths and similar customer service facilities;
c. Up to 4,000 customer parking spaces.
4. Uses Approved Deemed to Exclude Other Uses: This Use Permit authorizes only those uses and activities actually listed under Condition 3 and excludes other uses and activities.
5. Hours of Operation. Operation on the site is limited for vendors to between the hours of 4:00 a.m. and 6:00 p.m. Premium ticket holders may be present from 6:00 a.m. until 4:00 p.m.; and for the general public between 9:00 a.m. and 4:00 p.m., no more than one Sunday per month. Premium ticket holders are defined as those paying an average of at least double the entry rate charged to the general public for 9:00 a.m. entry. Staff may remain on the site on event days until 8:00 p.m. or dusk, whichever is earlier, to clean and secure the site. Event staff and subcontractors may operate in Building 420 during any other hours. Event staff and subcontractors may be on site two days prior to and following each event during daylight but no earlier than 8:00 a.m. and not later than 8:00 p.m. to set up and remove event equipment such as fencing, portable toilets, water stations, trash receptacles, and similar facilities.
6. Time Limit. This Interim Use Permit is approved for up to two years and shall expire on March 31, 2017, or sooner if the lease for the site expires, or if the City gives written notice of non-renewal of the lease. In the event of expiration of the Use Permit or cancellation of the lease, the applicant shall remove the Antiques Faire operations at the applicant's expense from Alameda Point and discontinue the event.
7. Future Renewal of Use Permit. Upon expiration of Use Permit, should the applicant apply for a renewal for continuation of the use, applicant will provide to the Planning Director monthly counts of the number of customers attending the Faire for the previous 12 months, and monthly counts of passengers travelling by shuttle bus to and from the event for the previous 12 months.
8. Vendor Agreements/Waivers of Occupancy. The applicant's leases and agreements with vendors and tenants shall inform all sub-tenants or license holders in writing of the duration and terms of the Use Permit, in particular with regard to trash control, prohibition of pets, arrival and departure on traffic routes, prohibition of overnight sleeping, control of noise, and management of runoff. The agreements shall state that vendors and tenants have no vested right thereafter to remain at Alameda Point. With each lease, the applicant shall obtain a waiver form from each sub-tenant or sub-licensee waiving all rights to contest the term or right of occupancy of any sub-license or lease or the term or conditions of the Use Permit.
9. Security. The applicant shall provide security staff, which shall patrol the perimeter fence and all shared gates with neighboring leases, to restrict the entry or exiting through these areas.
10. Noise.
a. No amplified music or sound, loudspeakers or public address system is allowed except for an emergency broadcast system which may operate from 9:00 a.m. to 4:00 p.m. during a Faire event.
b. All activities conducted onsite shall comply with the City of Alameda's noise ordinance. The applicant shall limit noise, particularly night noise, to comply with General Plan policies regarding noise as set forth in Section 8.7, "Noise," to the satisfaction of the Planning Director. For the purposes of noise regulations, the area zoned Nature Reserve (AP-NP) shall be considered a receiving land use at residential standards under Table 1, Alameda Municipal Code Section 4-10.4.
11. Lighting. Lighting shall be limited to an amount which would not change ambient lighting levels outside the event site and is limited to car headlights, hand held lights and ten portable lights not to exceed 15 feet in height, pointed downward.
12. Signs. No signs are approved in this Use Permit. A separate sign permit will be required for signs within Alameda Point. Signs shall conform to the master sign program for Alameda Point. Directional signs outside Alameda Point require a separate Use Permit.
13. Applicability of Requirements. The requirements of this Use Permit apply to the applicant, as well as to any subsequent owners, assigns, lenders, or successors in interest.
14. Temporary Structures. The applicant shall provide temporary structures in addition to vendor and food booths, in amounts and locations as required by the Planning Director, including portable toilets sufficient to serve the visiting population, portable hand cleaning stations, and other service facilities such as portable water coolers, emergency facilities for medical care or mobile telephone service, etc., located at intervals throughout the event; trash and recycling containers designed to hold trash tightly even on windy days, as well as waste containers pursuant to Condition 27.
15. Biological Resources. Employees, contractors and customers of the applicant shall be prohibited from entering the fenced area located to the west of the event area designated Nature Reserve. The applicant shall retain a clear zone of at least 300 feet east of the airfield boundary fence, with access only by applicant's staff and management in this area. The applicants shall maintain the fence at the boundary of the proposed Reserve. With the exception of service dogs, no dogs or other pets may be brought onto the site by vendors, buyers or other persons and anyone arriving with such a pet will be turned away by event staff. The operator will post the site with notices and handouts and advertising shall note that pets are prohibited and the reason for the prohibition.
16. Fire Protection. Parking must be kept at least 20 feet from all buildings and not block any fire hydrant or Fire Department connection. All food vendors that do any cooking must have a State Fire Marshall tagged 2A-10BC fire extinguisher on the site. All propane tanks must be secured in a manner to prevent damage. Any large tent or canopy, which can hold more than ten persons, must have a State Fire Marshall tag indicating that it is flame retardant. No vendor is allowed to have any open container of flammable or combustible liquids or use any such liquid for repair or demonstration purposes; this shall be included in the rules and regulations for sellers. Notwithstanding the foregoing, the Fire Department has the right and duty to stop any activity that it believes is a fire or life safety hazard.
17. Parking. A minimum of 4,000 parking spaces are to be provided for customers, and 600 parking spaces shall be provided for vendors. Parking spaces shall meet City standards, including only standard (8.5 feet by 18 feet) or disabled-accessible spaces, with no compact spaces; and with a minimum of 24 feet of backup area between rows of spaces and with drive aisles approved by the Fire Marshall and the Planning Director.
18. Overnight Accommodations. No vendor, staff member, customer or other person visiting this event shall occupy space at the event site or other unauthorized areas of Alameda Point for purposes of sleeping from dusk to 4:00 a.m. the evening before or after the event; or at any time on other days.
19. Building 420. All improvements to Building 420 shall conform to the Alameda Building Code and the Certificate of Occupancy.
20. Alameda Municipal Power. The applicant shall coordinate with Alameda Municipal Power for any meter installation and/or power requirements including any modifications of existing power supplies.
21. Police Department Requirements. The applicants shall make arrangements with the Alameda Police Department to have two police officers on the site between 8:00 a.m. and 6:00 p.m. on event days. If the Chief of Police determines that additional officers and/or additional hours are required for public peace and safety, including for off-site traffic control in West Alameda and other areas of the City, the applicants shall be responsible to provide them. The police officers will be provided on an overtime basis and the applicant shall be responsible for the costs. The applicant shall substantially implement the plan for private security to supplement police officers, or an equivalent, which must be approved by the Chief of Police and the Planning Director. Emergency access lanes will be kept open at all times to the satisfaction of the Chief of Police and the Fire Chief. A "No Alcohol" policy must be posted on the site and strictly enforced.
22. Other Agency Approvals. The applicants shall obtain any approvals and permits required by federal, state or regional agencies for the subject use, and shall adhere to all the conditions imposed by these agencies, as they deem appropriate. Any food service shall also receive required approval from the Alameda County Department of Environmental Health.
23. Compliance with Laws. The applicant shall comply with all federal, state, regional and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit.
24. Revocation. This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit
25. Indemnification. The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
26. Traffic Requirements:
a. The applicant shall meet the traffic control requirements of the City Engineer. All truck traffic must use designated truck routes such as Webster Street, Appazzato Pkwy, Willie Stargell Avenue, or other routes identified by the City Engineer.
b. A map and driving and transit directions to the site shall be posted on the Antiques Faire website and included in fliers and marketing materials.
c. The applicant shall count attendance on a regular basis.
d. On each event day the applicant shall provide shuttle bus service to offer free transportation for Antiques Faire customers from the Fruitvale BART Station in Oakland to and from the Faire entrance. The shuttle shall start operations at 8:00 a.m. and shall provide continuous service until 4:00 p.m. Information regarding the availability of the shuttle shall be provided on the Antiques Faire website and included in all fliers and marketing materials.
e. Stacking of customer vehicles before events on public streets east of Main Street shall be prohibited by vendor agreements.
f. In order to minimize early morning vendor queuing and delays, the applicant shall assign vendor space on a basis that does not give preference to early arrival, such as a lottery or prior subscription, differential pricing of spaces or other method approved by the Planning Director.
g. Free bicycle check-in and retrieval will be established in a secured area staffed by event personnel. Organizers shall reserve space for bike parking commensurate with at least 5 percent of the total expected attendance, up to a maximum of parking for 30 bikes, which shall be within sight of and within 100 feet of the public entrance to the event. A space of six feet in length and 1.75 feet in width shall be reserved for each bike. Bicycle parking shall be monitored at all times by valet parkers approved by the event sponsor, who shall record the number of bicycles at the event and provide the sign-in sheet to the event sponsor in order to estimate space needed for future events. Hours of secured bicycle parking must be the same as event hours and the sponsor shall be financially responsible for secured bike parking in the event of damage or theft of bikes. Bicycle parking information must be provided with every announcement for the event and all events must provide signs locating the bike parking.
27. Urban Runoff / Stormwater Requirements:
a. Applicant must ensure that no pollutants, including food waste/grease, liquid wastes, garbage/debris, litter, and/or other materials are discharged to the City's storm drain system (including gutters, curbs, and storm drains), the paved event areas or wind-dispersed off-site.
b. Applicant will be required to pick up, remove, and dispose of all garbage, refuse or litter consisting of foodstuffs, wrappers, and/or materials dispensed, and any residue deposited on the street and the paved event areas from the operation thereof, and otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where food vending is occurring.
c. Applicant will be required to pick up, remove and properly dispose of all wastes, debris and trash from the site prior to completing event wrap-up efforts and leaving the site.
d. Applicant will use best management practices and dry methods of cleaning to prevent accumulation or discharge of any materials to the City's storm drain system (including gutters, curbs, and storm drains) and the paved event areas.
e. Applicant shall ensure that any wash water from surface cleaning activities shall be collected and discharged to the sanitary sewer system and shall implement surface cleaning best management practices described in the Bay Area Stormwater Management Agencies Association (BASMAA) "Pollution From Surface Cleaning" guidance document.
f. Applicant shall implement the Pollution Prevention Plan for Alameda Point Antiques Faire, dated January 22, 2015.
28. Integrated Waste Requirements:
a. Applicant shall provide sufficient garbage, recycling, and organic collection receptacles during its operation. All receptacles shall be removed prior to leaving the site. Use of City waste receptacles is prohibited.
i.
b. Applicant shall maintain a Waste Management Plan in conformance with State and local laws.
c. Applicant will provide a detailed annual report of the weights of the trash, recycling, and organics generated by the event every July 1. This report, and service, can be arranged by the applicant with ACI. (per California Public Resources Code, Section 42648-42648.7 "large event")
d. Applicant understands that disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
DECISION:
Environmental Determination
This project is a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301(a) - operation, permitting or leasing of existing private structures involving negligible or no expansion of use beyond that which exists.
Use Permit
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date: ___
Zoning Administrator