REPORT TO COUNCIL
SUBJECT
Title
Action on a request for a Special Permit to allow the Santa Clara First Baptist Church, located at 3111 Benton Street, to conduct an outdoor Christmas Pageant from December 6, 2018 through December 10, 2018, and December 12, 2019 through December 16, 2019 from 6:30 p.m. to 9:00 p.m. (File No. PLN2018-13563)
Report
BACKGROUND
The applicant, Jerry Cintas on behalf of Santa Clara First Baptist Church, is requesting a Special Permit for two years pursuant to Zoning Code Section 18.60.030 to allow for an outdoor Christmas Pageant in the western parking lot of the church located at 3111 Benton Street. Zoning Code Section 18.60.030 requires issuance of a Special Permit by the City Council in non-industrial zones for any use not otherwise regulated within the Zoning Code.
The property is currently zoned B - Public, Quasi-Public consistent with the current use of the subject site as the Santa Clara First Baptist Church. The surrounding area is comprised of properties designated with public, quasi-public and residential zoning districts, including the Santa Clara High School (Santa Clara Unified School District) to the south, and multi-family and single-family residential to the north, east, and west.
DISCUSSION
The Santa Clara First Baptist Church is requesting a Special Permit for two years to allow it to host its 21st annual Christmas Pageant (Bethlehem a Living History) as a free event open to the community. The event is proposed to take place December 6th through December 10th for 2018 and December 12th through December 16th for 2019. The proposed Permit findings of consistency with the Zoning Code and conditions of operation are listed below. The draft permit conditions address allowable hours of operation, additional permit requirements, cleaning of the lot, and nuisance avoidance:
1. Set-up of the event shall be from November 3, 2018 to December 1, 2018, and breakdown/clean-up shall be from December 11, 2018 through January 5, 2019;
2. Event dates for 2018 shall be from December 6, 2018 through December 10, 2018;
3. Pageant activities are restricted to 5:30 p.m. to 9:30 p.m. daily from December 6, 2018 through December 10, 2018;
4. Applicant shall provide the Planning Division with the proposed set-up dates for the 2019 pageant prior to commencement of the event;
5. The applicant shall obtain Building Official approval and permits for all electrical and utility hook-ups, as well as any other required building permits, prior to the event;
6. The applicant shall comply with all Zoning Ordinance regulations regarding temporary structures;
7. The applicant shall obtain Fire Marshal approval and Fire Department permits prior to the event and comply with Fire Department requirements for the "open burning" permit;
8. The applicant shall obtain an amplified music permit and shall comply with City Code Section 9.10.040, noise and sound regulation, if applicable;
9. The applicant shall comply with the attached project description for provision of parking, street crossing attendants, and parking lot monitoring;
10. The applicant shall provide on-site security personnel and provide trained first aid personnel for the First Aid Station;
11. There shall be no "searchlight" beams, streamers, or roof-mounted balloons during the term of this Special Permit;
12. The applicant shall obtain temporary sign permits for all temporary signs advertising the event; and
13. At the conclusion of the event, the parking lot and landscaped areas shall be cleaned and returned to their prior condition.
The proposed temporary use, along with its limited duration, is not anticipated to adversely affect the aforementioned surrounding land uses in that the event will occur for five nights and is subject to conditions which will mitigate potential negative impacts. Conditions of approval will require that the use be conducted in a manner that will not create a private or public nuisance. Additionally, this Special Permit is subject to revocation should problems arise.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The applicant has paid the permit fee which is designed to provide cost recovery for the administrative costs to process the permit.
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 the Santa Clara First Baptist Church, located at 3111 Benton Street, to conduct an outdoor Christmas Pageant on December 6, 2018 through December 10, 2018, and December 12, 2019 through December 16, 2019 from 6:30 p.m. to 9:00 p.m., File No. PLN2018-13563, subject to conditions.
Staff
Reviewed by: Andrew Crabtree, Director of Community Development
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Planning Application
2. Site Plan