REPORT TO COUNCIL
SUBJECT
Title
Action on a Request for a Special Permit to Allow Seasonal Pumpkin Patch and Christmas Tree Sales Events at 3590 Benton Street from September 17, 2021 through December 24, 2021
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The applicant, Holly Prinz of ABC Tree Farms, LLC, is requesting a Special Permit pursuant to Zoning Code Section 18.60.030 to allow seasonal Pumpkin Patch and Christmas Tree sales events located on a vacant lot at the southeast corner of Lawrence Expressway and Benton Street (3590 Benton Street). The property is zoned as Single Family Residential (R1-6L). 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 site is adjacent to a church and the Calabasas Creek. Neighboring properties include single-family, multi-family and commercial uses.
The Pumpkin Patch sales event is proposed to begin on September 17, 2021, and end on October 31, 2021, with setup commencing on September 1, 2021 and the breakdown of the setup to be completed by November 10, 2021. The Christmas Tree sales event will begin on November 20, 2021, and end on December 24, 2021, with setup commencing on November 10, 2021 and the breakdown of the setup to be completed by December 31, 2021. The hours of operation for the Pumpkin Patch will be from 10:00 a.m.-9:00 p.m., Sunday through Thursday, and 10:00 a.m.-10:00 p.m., Friday and Saturday. The hours of operation for the Christmas Tree lot will be from 10:00 a.m.-9:00 p.m., Sunday through Thursday, and 9:00 a.m.-9:00 p.m., Friday and Saturday.
The proposed pumpkin sales event would include temporary tents, children's inflatable entertainment units, a dumpster area, and a storage container. The Christmas Tree sales event would include similar temporary facilities. Power will be supplied by Silicon Valley Power. The property is owned by the County of Santa Clara 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 events 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. Pumpkin Patch and Christmas Tree lots operated at this location in prior years have not resulted in any known negative impacts to the community.
The proposed project will allow the purchase of pumpkins and trees for the surrounding community. The proposed use could impact the availability of parking to support the host shopping center. However, given the site context and the limited timeframe of the proposed use, the benefits of providing access to holiday d?cor 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 September 17, 2021 through December 24, 2021; with set-up beginning on September 1, 2021, and breakdown/clean-up to be completed by December 31, 2021, with the following sales allowances:
a. Pumpkin Patch sales: September 17, 2021 through October 31, 2021;
b. Christmas Tree sales: November 20, 2021 through December 24, 2021;
2. Pumpkin Patch hours of operation: Sunday through Thursday from 10:00 a.m.-9:00 p.m. and Friday and Saturday from 10:00 a.m.-10:00 p.m.;
3. Christmas Tree lot hours of operation: Sunday through Thursday from 10:00 a.m.-9:00 p.m. and Friday and Saturday from 9:00 a.m.-9:00 p.m.;
4. 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;
5. The applicant shall obtain an amplified music permit and shall comply with City Code Section 9.10.040, noise and sound regulation;
6. The applicant shall obtain temporary sign permits for all temporary signs advertising the events;
7. There shall be no "searchlight" beams, streamers, or roof-mounted balloons during the event;
8. Upon conclusion of the Pumpkin Patch/Christmas Tree sales events, the vacant lot shall be cleaned and returned to its prior condition; and
9. 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.
RECOMMENDATION
Recommendation
Approve the request of a Special Permit to allow for a seasonal Pumpkin Patch and Christmas Tree sales events at 3590 Benton Street from September 17, 2021 through December 24, 2021, subject to conditions.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. ABC Tree Farms 3590 Benton Street Operations Plan
2. Pumpkin Patch Site Plan
3. Christmas Tree Site Plan