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File #: 22-576    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 4/19/2022 In control: Council and Authorities Concurrent Meeting
On agenda: 5/24/2022 Final action: 5/24/2022
Title: Action on a Request for a Special Permit to Allow a Temporary Storage Tent at 2401 Agnew Road (Great America Theme Park) from June 29, 2022 through August 20, 2022
Attachments: 1. Development Plans
REPORT TO COUNCIL

SUBJECT
Title
Action on a Request for a Special Permit to Allow a Temporary Storage Tent at 2401 Agnew Road (Great America Theme Park) from June 29, 2022 through August 20, 2022

Report

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Dave Vosejpka and Flora Lopez of California's Great America, LLC, are requesting a Special Permit pursuant to Zoning Code Section 18.60.030 to allow a temporary storage tent at 2401 Agnew Road (California's Great America). The site is developed with commercial and entertainment uses. Neighboring land uses include Parks/Open Space, and High Intensity Office/R&D.

The property is zoned PD - Planned Development. The PD - Planned Development zoning district does not identify temporary outdoor storage as a use permitted by right or through issuance of a Use Permit. However, City Code Section 18.60.030 allows activities to be performed in any non-industrial Zoning District for any use not otherwise regulated within the Zoning Code upon issuance of a Special Permit by the City Council.

The proposed temporary storage would be within a 50-foot by 120-foot tent structure. The height of the tent structure will be 20 feet and 6 inches. The temporary storage use will be used to store parade floats, is proposed to begin on June 29, 2022 and end on August 20, 2022, with setup commencing on June 29, 2022 and breakdown of the setup to be completed by August 20, 2022. The property is owned by California's Great America LLC which has provided written authorization for the temporary use.

DISCUSSION
The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the event will occur over a limited time period and will be subject to conditions which mitigate potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public nuisance or private nuisance. Any possible impacts would also be offset by the benefit to the community from the event. The Special Permit is subject to revocation should a problem arise.

The proposed project will allow the parade floats to be stored for approximately two months. The structure will be located at the back of the employee parking lot and take up 24 parking spaces. The proposed use does not impact the availability of employee parking as sufficient employee parking will be maintained throughout the duration. Given the site context and the limited timeframe of the proposed use, the benefits of providing storage outweigh the potential disadvantages, and conditions of approval help protect the surrounding community from adverse impacts.

Draft Permit and Conditions
The proposed permit would be subject to conditions of approval as follows:
1. Special Permit shall be valid from June 29, 2022 through August 20, 2022; with set-up beginning on June 29, 2022, and breakdown/clean-up to be completed by August 20, 2022;
2. The applicant shall obtain and comply with all applicable Santa Clara Building Division and/or Fire Department directives, permits, and requirements, including but not limited to temporary electrical and tent permits;
3. The applicant shall obtain temporary sign permits for all temporary signs advertising the events;
4. Upon conclusion of the temporary storage tent, the parking lot shall be cleaned and returned to its prior condition; and
5. The use shall operate in a manner that does not create a public or private nuisance.

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15304(e) (Class 4 - "Minor Alterations to Land") as it consists of "[m]inor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc."

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.

COORDINATION
This report has been coordinated with the City Attorney's Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.


RECOMMENDATION
Recommendation
Approve the request of a Special Permit to allow a temporary storage tent at 2401 Agnew Road (Great America Theme Park) from June 29, 2022 through August 20, 2022, subject to conditions.

Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Rajeev Batra, City Manager

ATTACHMENTS
1. Development Plans