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PLN15-0572 - Alameda Point - Applicant: Rachel Campos de Ivanov for the Alameda Point Partners. The applicant requests an amendment to Use Permit No. PLN15-0572 to erect a large scale circus tent on the Seaplane Taxiway to serve as an events venue. The proposal is consistent with the purpose of the existing use permit approved on January 19, 2016 for a series of temporary events in and around Site A, with certain events extending to the entirety of Alameda Point. These events, referred to as Phase Zero range from single-day to month-long, and range in size from less than 20 people to events that will feature multiple sites across Alameda Point and attract thousands of visitors. No alterations to structures are planned as part of the event series.
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PLN15-0572 - Alameda Point - Applicant: Rachel Campos de Ivanov for the Alameda Point Partners. The applicant requests an amendment to Use Permit No. PLN15-0572 to allow a large scale event tent on the Seaplane Taxiway to serve as an events venue for the duration of the Phase Zero Activity Plan. The proposal amends the existing use permit approved on January 19, 2016 for a series of temporary events in and around Site A, with certain events extending to the entirety of Alameda Point. These events, referred to as Phase Zero range from single-day to month-long, and range in size from less than 20 people to events that will feature multiple sites across Alameda Point and attract thousands of visitors. No alterations to structures are planned as part of the event series.
GENERAL PLAN: Mixed Use
ZONING: AP-AR, Alameda Point Adaptive Reuse
AP-TC, Alameda Point Waterfront Town Center
AP-NR, Alameda Point Nature Reserve
AP-E1, Alameda Point Enterprise 1
AP-E2, Alameda Point Enterprise 2
AP-E3, Alameda Point Enterprise 3
AP-E4, Alameda Point Enterprise 4
ENVIRONMENTAL
DETERMINATION: Environmental review for this project pursuant to the California Environmental Quality Act was completed as part of the Final Environmental Impact Report for the Alameda Point Project (State Clearinghouse No. 2013012043).
PROJECT PLANNER: Michelle Giles, Redevelopment Manager
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents 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. Use Permit No. PLN15-0572 & Phase Zero - Year 1 Activities Plan
2. Approved Phase Zero - Year 2 Activities Plan
3. Proposed Event Tent Site Plan
RECOMMENDATION: Approve the amended use permit with conditions based on the findings contained in this report.
BACKGROUND: “Site A” refers to an approximately 68-acre area immediately northeast of the Seaplane Lagoon at Alameda Point which is planned for the Alameda Point Waterfront Town Center. On January 19, 2016, Use Permit No. PLN15-0572 was approved to hold a series of temporary events, referred to as Phase Zero, in and around Site A, which range from single-day to month-long events, and range in size from less than 20 people to events that will feature multiple sites across Alameda Point and attract thousands of visitors (Exhibit 1). The Alameda Point Waterfront Town Center Plan, which included direction for the Phase Zero Activities Plan, was approved on July 15, 2014 by the City Council. On September 15, 2015, City Council approved the Phase Zero Activities Plan drafted by Alameda Point Partners (APP). The Phase Zero Activities Plan is approved annually by the City Council and was revised as the Phase Zero - Year 2 Activity Plan for Site A on November 15, 2016 (Exhibit 2). The applicant requests an amendment to the use permit to allow a large scale event tent on the Seaplane Taxiway to serve as an event venue for the duration of the Phase Zero Activities (Exhibit 3). The proposal will also extend the hours of operation for indoor events to 2:00 A.M.
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 are architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
No new permanent structures or changes to existing buildings are proposed as part of the Phase Zero Activities Plan. The temporary event structures will only remain on the property during the duration of the special events and will not permanently alter the architectural character of the surrounding area. The activities proposed in the Phase Zero Activities Plan will provide favorable exposure and foot traffic for the surrounding area, while increasing commercial activity overall at Alameda Point.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The proposed project is served by adequate transportation and service facilities including the AC Transit No. 31 Bus Line and the Alameda Main Street Ferry Terminal. The proposal, as conditioned, includes adequate vehicle and bicycle parking on site for each event.
3. 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 proposed temporary events will not adversely or permanently affect other properties in the vicinity. The project will provide favorable exposure and foot traffic for the surrounding area, while increasing commercial activity overall at Alameda Point. No new structures or changes to existing buildings are proposed as part of the Phase Zero Activities Plan.
4. The proposed use relates favorably to the General Plan.
The proposal is consistent with Phase Zero of the Waterfront Town Center Plan which provides independent vendors and tenants the opportunity to try out their products and determine market viability in a cost effective way, while creating public awareness. The temporary uses are consistent with interim type uses of the plan which allow for very flexible tenant and programing solutions. The proposals are consistent with the small retail shops, collective food locations, outdoor events, biking and easy lagoon access envisioned by the plan. The proposed uses are also consistent with the Mixed Use General Plan land use designation.
1. Approved Uses: This Use Permit approves the events as listed in the Phase Zero Activities Plans (Exhibit 1 & Exhibit 2) approved by City Council on September 15, 2015 and as amended annually by the City Council, and other activities which the Community Development Director finds similar to the approved Phase Zero Activities Plan and consistent with the purpose and conditions of this use permit and the Temporary In-Line License Agreement between Alameda Point Partners, LLC and VdV Entertainment. This use permit also approves the erection of a large scale event tent on the Seaplane Taxiway to serve as an events venue for the duration of the Phase Zero Activities as shown in Exhibit 3. All conditions of approval from PLN15-0572 are superseded by the conditions of approval in this use permit amendment.
2. Special Event Permits: The applicant shall apply for a Special Event permit from the Permit Center for any Phase Zero Event at which over 300 simultaneous visitors are expected. Individual events to be held within the event tent shall not be required to apply for Special Event permits.
3. Conformance with License: The applicant shall conform to the signed and executed License Agreement between the City and Alameda Point Partners (APP). This includes but is not limited to submitting to the City no less than 28 days in advance of each event the following:
a. Detailed event descriptions including a list of component activities
b. Site plans
c. Event schedules (including set-up and break down periods)
d. A list of permits to be obtained for the event, including tent and/or film permits
e. A description of temporary improvements to be constructed for the event
f. A fencing plan for the event
g. An automobile and bicycle parking plan for the event
h. A list of vendors that will participate in the event
i. An Urban Runoff / Stormwater and Integrated Waste Plan (see Condition #16 for requirements)
j. A description of power requirements for the event
4. Noise: The applicant shall observe the City of Alameda noise regulations, Alameda Municipal Code Article II, 4-10, as well as noise regulations stipulated by the August 29, 2012 Biological Opinion of the U.S. Fish and Wildlife Service. Any use found to increase the noise level above standards may be required to mitigate noise levels, including insulation or baffling noise sources. The applicant shall limit noise, particularly night noise, within the standards of the General Plan and other City noise regulations, to the satisfaction of the Community Development Director. Any sound amplification system used for special events shall be subject to operational testing prior to use. If there are noise complaints from residences or businesses, the City may require the applicant to revise the system, such as but not limited to, smaller speakers, directional speakers, or other audio equipment necessary to eliminate disturbances. There shall be no outdoor sound amplification after 10:00pm except when approved as part of a Special Events Permit on a case by case review by the City.
5. Hours of Operation: Outdoor events with any amplified sound are limited between the hours of 9:00 A.M. and 10:00 P.M. except when approved as part of a Special Events Permit on a case by case review by the City. Indoor events and operations may be held until 2:00 A.M., upon which all employees must vacate the property by 3:00 A.M. Only uniformed security guards may remain at the event facilities after hours of operations.
6. Security: Security is scheduled to be onsite 6:00 P.M. - 10:00 A.M. Only authorized security personnel with uniforms and guard cards are permitted within the site during overnight hours 3:00 A.M. - 8:00 A.M. during production nights, 12:00 A.M. - 8:00 A.M. non-production nights. Security shall be conducted as required in the license agreement between Alameda Point Partners, LLC and VdV Entertainment.
7. No Camping or residency at facilities: No person may camp or reside on the property at the “Site A” locations or the associated Phase Zero facilities.
8. Changes to Existing Buildings: This permit does not authorize any changes to existing structures. Any such request, including but not limited to murals on the exterior of existing structures, must be handled separately, include notification to the property owner, and may require Design Review approval.
9. Design of Temporary Structures: This permit does not authorize the construction or placement of any long-term temporary structures, with the exception of the circus tent. Any such request must be handled separately.
10. Conformance with Biological Opinion: The applicant shall conform to all restrictions listed in the Biological Opinion, including but not limited to sound and lighting restrictions.
a. Any lighting shall be shielded from view from neighborhood residences and the Wildlife Refuge in accordance with the Biological Opinion by hoods or skirting. No lights shall shine directly toward residences, and all exterior lighting shall be subject to the approval of the Community Development Director.
b. All garbage facilities shall be secured within a fenced area protected from access by raccoons or other potential Least Tern predators. In no circumstances will uncovered garbage, grain, refuse or other edible materials be placed outside the building in an open bin or can.
11. Water Access Plan: All events with in-water activities shall be consistent with Biological Opinion and the Alameda Point Environmental Impact Report
12. Parking: Sufficient bicycle and vehicular parking will be made available for each event.
13. Transit. If location, event facilities, or access of the event necessitates changes to existing bus routes, Applicant must notify the relevant transit agency and specify required re-routing 30 days in advance of event.
14. Food Truck Vendors. Food Truck Vendors may operate onsite with the following requirements:
a. Proof of permits and fees:
1) Vender must obtain a City Business License, based on the same classification as restaurants.
2) Vendor must provide proof of insurance and valid CA driver’s license.
3) Vendor must provide proof of a valid health permit from the Alameda County Health Department.
4) Vendor is required to obtain a hazardous materials permit when quantities of propane are equal to or exceed ten (10) gallons.
b. Site requirements for off-street locations:
1) Vendor must specify and be limited to a specific address at which vending of food will occur.
2) Vendor must be stationary for a minimum of two (2) hours. No trolling allowed.
3) Vendor will be required to provide proof of agreement from the business owner.
15. Alcohol. Alcoholic beverages in the locations specified in Exhibit A are permissible as long as Applicant has Alcoholic Beverage Control (ABC) permit and Alcoholic Beverage Liability Insurance with a limit of not less than One Million Dollars ($1,000,000) per occurrence for the duration of all events.
Public Works Department Conditions.
16. 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 roadways and storm drains), or the paved use 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 use 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 use site daily.
d. Applicant shall 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 roadways and storm drains) and the paved use 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.
17. Integrated Waste Requirements:
a. Applicant shall provide event participants sufficient garbage, recycling, and organic collection receptacles.
b. Applicant shall place graphically rich signs or labels on or adjacent to containers so customer discards are more thoughtfully sorted.
c. All receptacles shall be covered or secured when operations are closed. Applicant will discourage the scavenging of bottles and cans from use area.
d. Applicant understands that disposable food service ware that uses polystyrene foam (aka Styrofoam™) is prohibited within jurisdictional limits.
e. Use of City waste receptacles is prohibited.
18. 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.
19. 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.
Environmental Determination
On February 4, 2014, the City of Alameda certified the Alameda Point Final Environmental Impact Report (FEIR) in compliance with California Environmental Quality Act (CEQA). The FEIR evaluated the environmental impacts of redevelopment with reuse of the lands at Alameda Point consistent with the Alameda Point Waterfront Town Center Plan, which included Phase Zero Activities at Site A. Environmental review for this project pursuant to the CEQA was completed as part of the FEIR for the Alameda Point Project (State Clearinghouse No. 2013012043).
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:
Andrew Thomas, Zoning Administrator