TO: FROM: SUBJECT: ALBANY PLANNING & ZONING COMMISSION Christopher Tan, Associate Planner Anne Hersch, AICP, Planning Manager PA18-034 Temporary Use Permit for Night Nation Run at Golden Gate Fields (1100 Eastshore) DATE: May 23, 2018 Property Owner Golden Gate Fields 1100 Eastshore Highway Berkeley, CA 94710 Applicant/Representative: Dion Chapman 375 West I St. Encinitas, CA 92024 PROJECT: Temporary Use Permit for Night Nation Run FILE: PA 18-034 GP LU: CR-Commercial Recreation ZONING: WF-Waterfront PLANNER: Anne Hersch Original filing: May 7, 2018 Date Deemed Complete: May 9, 2018 Date of Notice Posted/Mailed: May 11, 2018 Date of Public Hearing: May 23, 2018 Total number of days to hearing: 16 days REQUEST The applicant is seeking a Temporary Use Permit for a one-day event to hold a 2.5K fun run at Golden Gate Fields (1100 Eastshore) on Saturday October 6, 2018 from 5pm- 10:30pm. The course will be fully contained on the Golden Gate Fields property. The event requires advance ticket purchases and only ticketed attendees are admitted. Beer and wine will be offered on-site and there will be a DJ stage. Event parking will be provided on-site in the parking lot. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission review and approve the proposed project subject to the attached findings and Conditions of Approval.
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BACKGROUND The property at 1100 Eastshore Avenue is commonly known as Golden Gate Fields, and is designated in the General Plan for Commercial Recreation land use and has a Waterfront zoning designation. The Waterfront Zoning District allows Commercial Recreation/Entertainment Uses with a use permit. Commercial Recreation/Entertainment in the Waterfront District is defined to include: live horse racing which exceeds one hundred twenty (120) days in any calendar year (irrespective of whether conducted by one or more operators at the facility), golf, tennis, swimming and other commercial or spectator or participatory activities and uses which, in the opinion of the Planning and Zoning Commission, are of a similar nature. The applicant has applied for a Temporary Use Permit for a 2.5K Fun Run to be held on October 6, 2018 from 5pm-10:30pm. The event will be held at the northwest corner of the Golden Gate Fields property (Turf Club parking lot). Vehicles arriving to the site will access the property from Gilman St. The applicant has indicated that they are expecting approximately 5,000 attendees arriving in approximately 1,660 vehicles. ANALYSIS Temporary events require a Temporary Use Permit pursuant to Section 20.20.090 of the Albany Municipal Code. As part of this application, the proposed fun run is a one time only event. This or similar events were to be a regular occurrence, a Master Use Permit would be required. The event is proposed to have accompanying DJ music entertainment and will be serving beer and wine. Alcohol licensing is covered through Golden Gate Fields. The is a one night event. No temporary construction is proposed. The existing facilities are proposed to accommodate the event. Off-street parking is provided in existing parking lot. 20.20.090 Temporary and Seasonal Uses. C. Required Permits, Minor Use. The following temporary uses are subject to approval of a Minor Use Permit as established in subsection 20.100.030.B, with a public hearing. Where longer periods are requested, a Major Use Permit shall be required. 3. Live Entertainment Events. Concerts, carnivals, circuses, fairs, and other similar events. Limited to two (2) days. Section 20.100.030 (D) Required Findings for Approving Use Permits. A minor use permit may be approved by the Community Development Director, and a major use permit may be approved by the Planning and Zoning Commission only if all of the following findings can be made: Page 3
1. Necessity, Desirability, Compatibility. That the size, intensity and location of the proposed use will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and Finding: The subject site location is approximately 25 acres and is appropriate for the 2.5K Fun Run event. The location is between I-80 and San Francisco Bay and will not impact residential properties. 2. Adverse Impacts. That such use as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or physically injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following: a. The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; Finding: There are no proposed structure to be built with the proposed event. The applicant is proposing to utilize the existing conditions of the subject site to host the event. b. The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading; Finding: The existing parking lot will accommodate the participants of the proposed event. Traffic patterns for persons and vehicles is not expected to exceed what the site can accommodate. Vehicle access to the parking lot will be through Gilman St. c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor; Finding: The Fun Run event is not expected to produce excessive noxious or offensive emissions with most of the event taking place on foot. d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and Finding: The event will have little to no impact on existing landscaping and screening on site. Parking area, service areas, and open spaces are not expected to be heavily impacted by the Fun Run. 3. Consistency with Zoning Ordinance, General Plan and Specific Plan. That such use or feature as proposed will comply with the applicable provisions of this Page 4
Parking Chapter and will be consistent with the policies and standards of the General Plan and any applicable specific plan. Finding: The proposed event is compliant with permitted uses allowed on the subject site. Parking will be provided in the Turf Club parking lot. ENVIRONMENTAL REVIEW Staff recommends that the proposed project be considered categorically exempt from the requirements of CEQA per Section 15323 Normal Operations of Facilities for Public Gatherings of the California Environmental Quality Act. 15323. Normal Operations of Facilities for Public Gatherings Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. ATTACHMENTS 1. Analysis of Zoning Requirements 2. Draft Findings for Approval 3. Draft Conditions of Approval 4. Project Application 5. Event Description 6. Security & Medical Plan 7. Traffic Control Plan & Exhibit Page 5
ATTACHMENT 1 ANALYSIS OF COMPLIANCE WITH ZONING REQUIREMENTS 20.12 Zoning Districts and Permitted Uses General Plan: Commercial Recreation (CR) Zoning: Waterfront (WF) 20.16 Land Use Classifications WF-Waterfront Surrounding North - Open Space East Freeway Property Use South - Waterfront West-Waterfront 20.20.080 Secondary Residential Units. 20.24.020 Table of Site Regulations by District. 20.24.030 Overlay District Regulations. Not Applicable. 20.24.040 Hillside Residential Regulations. Not applicable 20.24.050 Floor-Area-Ratio. 20.24.060 Setback Areas, Encroachments. 20.24.100 Distances between Structures. 20.24.110 Fences, Landscaping, Screening. 20.24.130 Accessory Buildings. 20.28 Off-Street Parking Requirement. See Analysis. 20.40 Housing Provisions 20.44 Non-conforming Uses, Structures and Lot Page 6
20.48 Removal of Trees 20.52 Flood Damage Prevention Regulations 20.100.030 Use Permits. See Analysis. 20.100.040 Variances. 20.100.010 Common Permit Procedures. Public notice of this application was mailed on May 10, 2018, in the form of mailed notice, to property owners and occupants within a 300-foot radius, and posted in one location. 20.100.050 Design Review. Page 7
ATTACHMENT 2 FINDINGS Findings for Conditional Use Permit approval (Per section 20.100.030.D of the AMC) Required Finding 1. Necessity, Desirability, Compatibility. The project s size, intensity and location of the proposed use will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community. 2. Adverse Impacts. The project s use as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or physically injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following: a. The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; b. The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed offstreet parking and loading; c. The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor; d. Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; 3. Consistency with Zoning Ordinance, General Plan and Specific Plan. Explanation The subject site location and size are appropriate for the 2.5K Fun Run event. Residential properties are not in close proximity. a. There are no proposed structure to be built with the proposed event. The applicant is proposing to utilize the existing conditions of the subject site to host the event. b. The existing parking lot will accommodate the participants of the proposed event. Traffic patterns for persons and vehicles is not expected to exceed what the site can accommodate. c. The Fun Run event is not expected to produce excessive noxious or offensive emissions with most of the even taking place on foot. d. The event will have little to no impact on existing landscaping and screening on site. Parking area, service areas, and open spaces are not expected to be heavily impacted by the Fun Run. The proposed event is compliant with permitted uses allowed on the subject Page 8
That such use or feature as proposed will comply with the applicable provisions of this Chapter and will be consistent with the policies and standards of the General Plan and any applicable specific plan. site. the area and would not adversely impact property, improvements or potential future development in the area. Page 9
ATTACHMENT 3 Draft Conditions of Approval Special Project Conditions SP 1- All operations must comply with applicant exhibits filed as part of the application applicant (PA18-034). SP 2- The event hours shall be from 5:30pm-10pm Saturday October 6, 2018. GENERAL PROJECT CONDITIONS Gen-1 Project Approval. This Conditional Use Permit approval is for 1100 Eastshore Highway, as substantially shown and described on the project plans, except as may be modified by conditions herein. Plans provided by Dion Chapman date received May 7, 2018, as presented to the Planning and Zoning Commission on May 23, 2018. For any condition herein that requires preparation of a Final Plan where the project developer has submitted a conceptual plan, the project developer shall submit final plan(s) in substantial conformance with the conceptual plan, but incorporate the modifications required by the conditions herein for approval by the City. Gen-2 GEN-3 GEN-4 Fees. The applicant shall pay any and all City and other related fees applicable to the property, as may be modified by conditions herein. Fees shall be based on the current fee structure in effect at the time the relevant permits are secured, and shall be paid before issuance of said permit or before any City Council final action approval. Notice shall be taken specifically of Plan Check, Engineering, Fire and Inspection Fees. The project developer shall also reimburse the City for direct costs of planning; building and engineering plan check and inspection, as mutually agreed between the City and developer. Appeals. The Albany Municipal Code provides that any action of the Planning staff may be appealed to the Planning and Zoning Commission, and any action of the Planning and Zoning Commission may be appealed to the City Council as per the procedures described in Section 20.100.080. The City Clerk will then schedule the matter for the next available City Council meeting. Hold Harmless Agreement. Pursuant to Albany Municipal Code Section 20.100.010 (N), the applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Albany and its agents, officers and employees, from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul the Page 10
City's approval concerning this application. The City will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense. Appeals: The Albany Municipal Code provides that any action of the Planning and Zoning Commission may be appealed to the City Council if such appeal is filed within 14 calendar days of the date of action. Appeals may be filed in the Community Development Department by completing the required form and paying the required fee. The City Clerk will then schedule the matter for the next available City Council meeting. Page 11