HomeMy WebLinkAbout8.2 Temp Use Permit Circus VargasSTAFF REPORT
DUBLIN CITY COUNCIL
DATE: June7,2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC`f:JTemporary Use Permit for Circus Vargas
Prepared By: Mamie R. Waffle, Senior Planner
EXECUTIVE SUMMARY:
File #
CITY CLERK
3
0
Chapter 8.108 (Temporary Use Permit) of the City of Dublin Zoning Ordinance contains
regulations pertaining to temporary land uses. At the May 17, 2011 City Council meeting, the
Dublin Rotary Club addressed the City Council during Oral Communications requesting that a
Circus Vargas be allowed to operate for a longer duration .than what Chapter 8.108 allows for
Carnivals. At the request of the City Council, Staff is providing a report on the Temporary Use
Permit chapter as it relates to a circus and requesting direction regarding the proposed duration
of the circus as requested by the Dublin Rotary Club.
FINANCIAL IMPACT:
A circus is subject to a Major Temporary Use Permit and a deposit is required to cover the cost
of Staff time in reviewing the application and conducting inspections through completion of the
event.
RECOMMENDATION:
Staff recommends that the City Council receive the report and provide Staff with direction on the
following: 1) Whether Circus Vargas should be considered a Carnival temporary land use or an
Outdoor Skating Rink temporary land use; 2) If determined to be an Outdoor Skating Rink
temporary land use, is a 13 day event compatible with the surrounding land uses; and, 3)
Should Chapter 8.108 (Temporary Use Permit) be amended to provide greater flexibility.
Submitted By
Community Development Director
Reviev�k�d By
Assistant City Manager
Page 1 of 4
v
ITEM NO. € • Z cok
DESCRIPTION:
Background
At the May 17, 2011 City Council meeting, the Dublin Rotary Club, on behalf of Circus Vargas,
requested that the Circus be allowed to hold an event for 13 consecutive days. The City
Council directed Staff to prepare a report regarding the Circus and the City's Temporary Use
Permit regulations.
Temporary Use Permit
The Temporary Use Permit Chapter of the Dublin Zoning Ordinance (Chapter 8.108) contains
regulations and development standards for a variety of temporary land uses. A temporary land
use that meets established development standards and is temporary in nature may be
approved for a limited duration of time.
The current Temporary Use Permit Chapter was adopted by the City Council in November 2010
(Ordinance 21-10) to provide greater flexibility in the establishment of temporary land uses.
The Carnival category was amended at that time to extend the duration of a single Carnival
event from 2 consecutive days to 5 consecutive days. A Carnival is defined as:
An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only
provided as a temporary and/or seasona/ activity. Each individual carnival event
shall be limited to a maximum of 5 consecutive days, including setup and break
down, and no business or sponsor may participate in more than 2 events during
a one-year period, subject to standards established by the Director of ~
Community Development.
Circus Vargas
On May 17, 2011 the Community Development Department received a Temporary Use Permit
application for Circus Vargas, sponsored by the Dublin Rotary Club. Circus Vargas would like
to hold an event this summer at 5144 Martinelli Way at the .corner of Hacienda Drive and
Martinelli Way (see Figure 1 below). The site is located north of Interstate 580, south of
Sybase, west of Hacienda Crossings and southwest of Archstone at Emerald Park apartments.
The event would be held over the course of 13 days and include set up, take down and a total
of 18 shows; each show would be approximately 1'/2 hours long. Expected attendance is 300-
500 people per show and the total seating capacity within the tent would be 1,250 persons.
Page 2 of 4
The Temporary Use Permit chapter includes a category for Similar Uses which was adopted as
part of the 2010 Amendments to the Temporary Use Permit Chapter. The "Similar Uses"
category allows the Community Development Director the ability to determine whether a
proposed temporary land use is similar to other temporary land uses specifically defined in
Chapter 8.108 and compatible with surrounding uses such that it could be deemed acceptable.
The Community Development Director determined that the closest comparable use to the
Circus is a"Carnival" which is limited to 5 consecutive days and two events in a one year period
for a total of 10 days. As previously stated, Circus Vargas has requested that the event be
allowed for 13 consecutive days. The Temporary Use Permit Chapter does not provide the
ability to allow a carnival type of use to last for more than 10 days.
Another temporary use type that may be considered comparable to the circus is an Outdoor
Skating Rink which is defined as follows:
An outdoor skating rink may be permitted subject to the following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and one
week for removal.
2. Outdoor skating rink shall not utilize more than 10 % of the required parking for the
business where the outdoor skating rink is located.
3. Outdoor skating rinks shall be subject to standards established by the Director of
Community Development.
Page 3 of 4
The City Council may find that a circus is similar to an Outdoor Skating Rink in that they both
are entertainment venues and involve tent structures. The impacts to surrounding uses are
similar but would be more compatible because of the shorter duration of the Circus.
City Council Direction
Type of Temporary Use for Circus and Land Use Compatibility
Staff is seeking the following direction from the City Council:
1) Whether Circus Vargas should be considered a Carnival temporary land use or an
Outdoor Skating Rink temporary land use. If Ci"rcus Vargas is considered a Carnival
temporary land use, the use could not move forward for the 13 days requested. The
determination that the Circus should be considered an Outdoor Skating Rink would
enable a 13 day permit under the provisions of Chapter 8.108 of the Zoning Ordinance;
2) If determined that the use should be considered an Outdoor Skating Rink, is a 13 day
event compatible with the surrounding land uses. The surrounding land uses include
retail, office and residential (See Figure 1); and
.~ 3) Whether Chapter 8.108 (Temporary Use Permit) ~should be:amended to provide'`greater
~~ flexibility, such as including an "Other" category or the ability fo extend timeframes on a
,' ~ case-by-case basis. If so directed, Staff would return to~the City Council at a future date
with the proposed amendment(s).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
This agenda item is not subject to the requirement to provide a public notice. However, Bob
Tucknott of the Dublin Rotary Club and Mark Landon of Tabares Entertainment, representing
Circus Vargas, were notified of this agenda item and provided with a copy of the Staff Report.
ATTACHMENTS: 1
1.. . .. . l . ..:. .. . , r ,~ , _. . ~ .
Temporary Use Permit Chapter of the Dublin Zoning
Ordinance (Chapter 8.108). ,
G:IAgendas110/llCircus TUPICCSR Circus 06 07 /l.doc
Page 4 of 4
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Chapter 8.1~8 TEMPORARY USE PERMIT
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CHAPTER 8.108
TEMPORARY USE PERMIT
8.108.010 Purpose.
The purpose of this Chapter is to establish a procedure for approving minor temporary
land uses that meet established development review standards and are acceptable
because of their temporary nature. The permitted minor temporary land uses are those
specified in Section 8.108.020 and other temporary land uses determined to be similar by
the Director of Community Development. Rev. Ord. 21-10 (November 2010); Ord. 20-06
(November 2006); Ord. 17-99 (June 1999)
8.108.020 Uses Permitted with a Temporary Use Permit.
All Temporary Use Permits must conform to the following standards to be approved. No
Temporary Use Permit may be renewed unless otherwise indicated by this Chapter.
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise
which are handmade or hand-crafted items for sale by the original artist. Fairs may only
be conducted when sponsored by a Dublin-based place of worship, school, neighborhood
group, or nonprofit, nonrestrictive civic or service organization. Each individual Arts and
Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may
participate in more than 6 events during a one-year period, subject to standards
established by the Director of Community Development.
B. Automobile Dealership Promotional Tent Sales. A temporary event promoting
auto sales. A Promotional Tent Sale shall be permitted subject to the following conditions:
The duration of Automobile Dealership Promotional Tent Sales for any one
dealership shall be limited to a maximum of 70 days per calendar year.
2. Any single Promotional Tent Sale shall last no longer than 30 days.
3. The total square footage of all temporary tents utilized during an Automobile
Dealership Promotional Tent Sale at an auto dealership site at any one time shall be
no more than 2,000 square feet.
4. The location of temporary tents shall be subject to review and approval by the
Planning Division, Building Division, Public Works Department, and Fire Prevention
Bureau.
5. No advertising or logos are permitted on any temporary tent canopy.
6. No items shall be attached to any temporary tent.
7. Promotional Tent Sales shall be subject to standards established by the
Director of Community Development.
C. AutomobileNehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined
in Section 8.08.020, De~nitions) may be permitted as a temporary land use in C-2,
ATTACHMENT 1
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Chapter 8.108 TEMPORARY USE PERMIT
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General Commercial zoning districts or comparable PD, Planned Development Zoning
Districts, for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of one
(1) continuous year between permits is required. The storage of vehicles shall be limited
to those vehicles belonging to an established Dublin-based business. The storage lot
shall not be open to the public nor shall any sales transactions take place at the approved
storage lot location. A maximum of one temporary use permit shall be granted per
location. For the purposes of this subdivision, "location" shall refer to an address, a
parcel, or a shopping center, whichever is larger, as determined by the Director of
Community Development. A temporary use permit shall be denied if it is determined that
the Automobile/Vehicle Storage Lot would eliminate parking required for another use
pursuant to Chapter 8.76 of this Code. In no case shall an AutomobileNehicle Storage
Lot be established within 100 feet of a heavily traveled roadway. Whether a roadway is
. heavily traveled shall be determined by the Director of Community Development. The
~ establishment and operation of the use must comply with all standards developed by the
: ' Direcfor of Community,Development. . ~ , , ~
~ D.'~ Carnival. An event intended to serve a public need by providing a community
~ ' service o~~special entertainment event for the Dublin communify which is normally only
' provided as a temporary and/or seasonal activity. Each individual carnival event shall be
limited to a maximum of 5 consecutive days, including sefup and breakdown, and no .
, business or sponsor may participate in more than 2 events during a one-year p,eriod,
.~~, subject to,`standards established by the Director of Comrriunity Development., ~
E. Christmas Tree Sales Lot. A Christmas Tree Sales Lot is permitted for a maximum
of 60 days subject to standards established by the Director of Community Development.
F. Construction-Related Temporary Uses. The following types of construction-related
temporary uses may be permitted with approval of a Temporary Use Permit:
1. Temporary Construction Trailer. A Temporary Construction Trailer located on
a development site and utilized during construction may be permitted subject to
standards established by the Director of Community Development, on the same
premises.
2. Temporary Storage Container. This use includes metal shipping containers
used for the storage of materials. A temporary storage container associated with
construction that meets all of the following conditions:
a. Temporary storage container in conjunction with remodeling or
reconstruction work at a project site with an active building permit and shall be
located on the project site. For construction on a single parcel (not part of a
larger development project), a Temporary Use Permit can be issued for a
maximum of 90 days, with the option to renew at the ApplicanYs request if the
project still has a valid building permit and substantial progress is being made
towards completion of the project. The Applicant may request a 90-day
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Chapter 8.108 TEMPORARY USE PERMIT ~
extension but must provide proof of recent building inspections or other
demonstration of progress.
b. Container must be located on private property, and may not be located in
the public right-of-way.
c. Container must be located on a paved surface.
d. Container may be located in the rear yard.
e. No more than one container per residential parcel is permitted.
f. Construction-Related Temporary Storage Containers shall be subject to
standards established by the Director of Community Development.
3. Construction Equipment Storage Yard. A construction equipment storage
yard includes both storage containers and construction equipment associated with
construction on a commercial, industrial, or residential project site subject to the
~ standards established by the Director of Community Development, on the same
~ premises. A construction equipment storage yard shall be~ located on the project
~ site: ,
G: Farmers Market. An event offering for sale produce, food items; and~related goods
and merchandise by certified growers.authorized to sell directly to consumers. Each
individual Farmers Market shall be limited to one day per week subject to standards
established by the Director of Community Development. , ,
-. H. FestivaUStreet Fair. Each individual Festival, Neighborhood/Place of •' . ~~.~
Worship/School Festival, and Street Fair of a not-for-profit nature shall be limited to a
maximum of 2 consecutive days and shall not occur in the same location more than 2 ~
times a~year, subject to standards established by the Director of Community
Development.
I. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit ~
and collection of newspapers by the general public may be permitted for a period not to
. , exceed one year subject to standards established by the Director of Community ,
Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood
group, or by a Dublin-based nonprofit, nonrestrictive civic or service organization if it is
located on the site of a lawfully existing principal use. This permit may be renewed by
means of another Temporary Use Permit.
J. Office Trailer - Commerciat. Occupancy of a commercial office trailer during the
period of construction or remodeling of a permanent commercial or industrial structure(s),
for which a valid building permit is in force, in any Commercial or Industrial zoning district
subject to standards established by the Director of Community Development.
K. Outdoor Event by an Established Business. An Outdoor. Event shall be limited to
a maximum of 4 consecutive days, with a maximum of 2 such events during a calendar
year. Outdoor Events are distinguishable from Outdoor Sales by Established Businesses
in that Outdoor Events do not involve the commercial sale of inerchandise, but are
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Chapter 8.108 TEMPORARY USE PERMIT
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promotional in nature or for charitable or fundraising purposes: Examples of Outdoor
Events by an Established Business include car shows hosted by non-auto-oriented
businesses or similar events.
L. Outdoor Sales by an Established Business. Each individual Outdoor Sale by an
Established Business shall be limited to a maximum of 4 consecutive days, with a
maximum of 6 such events during a calendar year. A minimum waiting period of 3
consecutive calendar days between Temporary Use Permits is required. Each outdoor
Sales event by an established business shall be subject to standards established by the
Director of Community Development. Parking lot sales shall not utilize more than 10% of
the required parking for the business.
M. Outdoor Skating Rink: An outdoor skating rink may be permitted subject to the
following conditions:
1. Maximum of 60 operational days per calendar year plus one week for setup and
, one week for removal. ,
2. Outdoor skating rink shall not utilize more than 10% of the required parking for
. ' the business where the outdoor skating rink is located. ; ,
~ ~. •~ 3. Outdoor skating rinks shall be subject to standards established by the Director
~ ' of~Community Development. , " . ~
~. N. Pumpkin Sales Lot. A Pumpkin Sales lot is permitted for a maximum of 60 days
. subject to standards established by the Director of Community Development. ;•
O. Similar Uses. A u"se that is, in the determination of the Community Development
Director, similar to any of the specific uses contained in Section 8.108.020, temporary in
nature, and is compatible with the surrounding area and the Zoning District in which the
use is located. Such similar uses shall also be subject to any provisions applicable to the
specific use contained in Section 8.108.020.
P. Storage Container (Nonresidential). This use includes metal shipping containers
used for the storage of materials, and does not include containers associated with
construction or located in a Residential Zoning District. The permit may be for one -..
container per business or parcel for no more than one year subject to standards
established by the Director of Community Development and may be renewed by means
of another Temporary Use Permit. Letters must be submitted certifying that the Alameda
County Department of Environmental Health, the Alameda County Fire Department and
appropriate City Departments have given approval of the materials stored and the
methods used before the permit will be issued.
Q. Storage Container (Residential). This use includes metal shipping containers used
for the storage of materials, and does not include containers associated with
construction. A Temporary Storage Container may be permitted for a maximum time
period of 30 days per calendar year if used for the purposes of storing materials relating
to home improvement projects that do not require a building permit. This Temporary Use
Permit is subject to the following conditions:
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Chapter 8.108 TEMPORARY USE PERMIT
Container must be located on private property, and may not be located in the
public right-of-way.
2. Container must be located on a paved surface.
3. Gontainer may be located in the rear yard.
4. No more than one container per residential parcel is permitted.
5. Construction-Related Temporary Storage Containers shall be subject to
standards established by the Director of Community Development.
-5 c~
R. Temporary.Mobile Home/Manufactured Home. Occupancy of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters
for which a valid building permit is in force, on the same premises, subject to standards
established by the Director of Community Development in any Agriculture or Residential
zoning district. ~
S. Tract and Sales Office/Model Home Complex. This use includes, tract and sales
o~ces and model home complexes within approved developments, and accessory signs~, -
landscaping, ~and parking facilities. This temporary use is in effect during the period.of ~.>: =
construction and original sale of the buildings or lots in a new development subject~~to ~ ~::
standards established by the Director of Community Development. Rev.~ Ord. 21-10 ..~
(Noveinber 201 D); Ord. 20-06 (November 2006); Ord. 16-04 (April 2004); Ord. 16-02
(October 2002); Ord. 17-99 (June 1999)
8:108.022 Type of Temporary Use Permits: Major and Min.or. . ".
A: Major Temporary Use Permit. Any Applicant seeking a Temporary Use Permit for '~•
an.y ternporary use listed in Section 8.108.020 that, due to its size, location, or hours,of `~
operation, ~requires City of Dublin Staff to. be on site during the event or duration of the •
temporary use, to monitor the event in some way, or to conduct inspections not covered
through another permit shall be required to obtain a Major Temporary Use Permit.
Examples of temporary uses requiring a Major Temporary Use Permit include an event
which draws so many participants that lanes of traffic are closed and safety personnel are
required to be on hand to direct traffic into parking areas.
B. Minor Temporary Use Permit. All other.types of Temporary Uses listed in Section
8.1 Q8.020 shall be required to obtain a Minor Temporary Use Permit. Rev. Ord. 21-10
(November 2010)
8.108.030 Application.
The Applicant shall submit a complete application pursuant to Chapter 8.124,
Applications, Fees and Deposits, accompanied by a fee, written description of the
proposed temporary use with hours and duration of operation, the written authorization by
the property owner, and a diagram of the proposed temporary use (including pedestrian
and automobile circulation) and other information as may be required by the Director of
Community Development. The Director of Community Development will determine
whether the Temporary Use Permit is major or minor for the purposes of fee payment.
Rev. Ord. 21-10 (November 2010)
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Chapter 8.108 TEIVIPORARY USE PERMIT
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8.108.040 Approval.
The Director of Community Development or his/her designee may approve a Temporary
Use Permit upon finding that the project meets all standards established by the Director
of Community Development for that permit, including but not limited to compliance with
applicable requirements of the State of California, review and approval by City
Departments, compliance with other local codes and ordinances, and meets the
requirements of this Title on forms approved by the Director of Community Development.
Rev. Ord. 21-10 (November 2010)
8.108.050 Expiration of Temporary Use Permit.
A Temporary Use Permit shall expire upon the date shown on the stamped approved
diagram and/or writtEn statement accompanying the application. Rev. Ord. 21-90
(November 2010)
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