REPORT TO COUNCIL
SUBJECT
Title
Action on a Special Permit to Allow Outdoor Display and Sale of Clothing and Accessories in Connection with the Santa Clara Gun Show on September 16th and 17th, 2023 in the Parking Lot at the American Legion Hall at 958 Homestead Road
Report
BACKGROUND
The applicant, John Low, requests a Special Permit pursuant to Zoning Code Section 18.60.030 in order to allow the use of the parking lot for the display/sale of clothing and accessories in connection with a two-day Gun Trade Show (Santa Clara Gun Show) in the parking lot of the American Legion Hall located at 958 Homestead Road. The Santa Clara Gun Show will have gun accessory vendor booths located in the parking lot throughout the two-day event, but actual gun displays will only occur within the American Legion Hall building. The show will occur on Saturday, September 16th and Sunday, September 17th, 2023.
The temporary event requires a Special Permit consistent with Santa Clara Code (SCC) Section 18.60.030 because of activities in the parking lot. But for the use of the parking lot not City use permit would be required. The applicant will also be required to follow State law regarding gun show operation and firearm sales.
DISCUSSION
The property is zoned Downtown Commercial (CD), which encourages the development of a large concentration of commercial and office uses in the central business area of the City, to provide a focal point of activity for the entire City and the surrounding areas. The surrounding area is comprised of a mix of uses and zoning districts, including properties designated with a Single-Family, Downtown Commercial, and Public Quasi-Public zoning districts.
Granting of the Special Permit requires the City Council to make findings set forth in SCC 18.60.030 as follows:
1. The facility, under the circumstances of the particular case, is essential or desirable to public convenience or welfare.
2. The facility will not be detrimental to the health or safety of the persons residing in the neighborhood.
3. The facility will not be detrimental to the property or improvements in the neighborhood.
4. The facility will not impair the integrity or character of the zoning district.
5. The facility will not create a significant increase in the traffic to and from the premises or in the on-street parking within (500) feet.
The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the integrity or character of the zoning district or surrounding land uses in that the events will occur over a limited time period and will be subject to conditions which lessen its 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. Parking is available within the vicinity to accommodate the event. 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.
Approval of the Special Permit would be subject to the following conditions:
1. This Special Permit shall be valid for the show dates of Saturday, September 16th and Sunday, September 17th, 2023;
2. Setup shall occur on the same day as the event and clean-up/breakdown shall occur at the conclusion of the event, which shall be completed by 5:00 p.m.;
3. The applicant shall comply with all Zoning Ordinance regulations regarding temporary and permanent structures and obtain all necessary Building/Fire permits;
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 all applicable permits from the Santa Clara County Health Department, including but not limited to permits related to food service at the event, if applicable;
6. The applicant shall obtain an amplified music permit from the Business Tax and License Department, if applicable;
7. The applicant shall obtain temporary sign permits from the Planning Department for all temporary signs advertising the event, if applicable;
8. There shall be no "searchlight" beams, streamers, or roof-mounted balloons during this event;
9. Upon conclusion of the event, the parking lot shall be cleaned and returned to its prior condition;
10. The use shall operate in a manner that does not create a public or private nuisance; and
11. The applicant shall comply with all applicable laws, including but not limited to California Penal Code ?? 27200 - 27350, which require State certification, possession of liability insurance, provision of information on vendors to the State upon request, and preparation of a security plan for review by the Department of Justice among other requirements.
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 "minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, festivals, sales of Christmas trees, etc."
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense. The applicant paid for the necessary permit fees.
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
1. Determine that the proposed action is categorically exempt from CEQA pursuant to Class 4 ("Minor Alterations to Land").
2. Adopt staff's proposed findings presented above and approve the request of a Special Permit to allow the use of the parking lot for the display/sale of clothing and accessories in connection with a two-day Gun Show on September 16th and 17th, 2023 at 958 Homestead Road, subject to the conditions presented.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Site Plan