Day 1999.06.15PC

Also Present: Community Development Director Rowland, City Planner Emerson, Senior Planner Macaulay, Assistant Planner Behvand, Police Captain Winfield, Fire Marshall Brick, Deputy Director of Public Works Aggarwal, Associate Civil Engineer Cunningham.

2. The following letters for item G. 2, Renaissance Pleasure Faire: Supplemental Endangered and Threatened Species list from LSA: letters in opposition from Laurel Mann, Christopher Silvey, and Harry Short; letters in support from Robyn Kain, Jim Masson, Masson Land: Kay Draisin, Factory Stores, Linda Heber, Mary Lou Gray; and letter of response from Howard Hamburg, Renaissance Entertainment Corporation.

Assistant Planner Behvand reviewed the project and introduced the staff report into the record, noting that this is a proposal to construct a 17,480 sq. ft. service/light industrial building on a 1.1 acre parcel located at 47 Union Way in Maris Industrial Park. The building includes 9,675 sq. ft. of warehouse space, 4,125 sq. ft. of office space, and a 3,680 sq. ft. mezzanine. Mr. Behvand noted that the applicant has expressed concern regarding a recommended condition of approval requiring integral color block in lieu of painted block. The applicant would like the option of painting the block to adequately seal the new building. Staff is recommending integral color block to improve the appearance of the structure. Pursuant to Sections 15063 and 15073 of the Guidelines for the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts has been prepared and circulated for this project. Based on the findings of the Initial Study, adoption of a Negative Declaration is recommended.

Josephine Mattaliano, applicant, stated that they had water problems with their first building and it had to be painted to seal the concrete block. She noted concern about having similar problems with the new building. She also asked for clarification of the width of the driveway. City Engineer Baird clarified that the driveway would not be restricted to one-way in and one-way out. He added that they would be willing to meet with the applicant and Traffic Engineering to review the driveway entrance requirements.

Commissioner Dimmick questioned why staff was requiring aesthetic elements on a building in the industrial park. He noted that other, more visible buildings have been painted. He also felt that there are other options available for sealing the building.

Vice-Chairman Minkler moved, Commissioner Aldrich seconded that the Planning Commission adopt Resolution No. 99-088 approving the Mattaliano Towers Design Review and Environmental Assessment. Motion approved 7-0.

Senior Planner Macaulay reviewed the project and introduced the staff report into the record, noting that this is a proposal to operate a Renaissance-era English country fair, from August 28 through October 16 at the former Nut Tree Restaurant property located on East Monte Vista Avenue adjoining the Nut Tree Airport. The Faire includes arts and crafts, entertainment, food and beverage sales and similar events. From October 2 through 31, a Haunted House is also proposed. Both the Faire and Haunted House will only be open to the public on weekends. Pursuant to Sections 15063 and 15073 of the Guidelines for the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts has been prepared and circulated for this project. Based on the findings of the Initial Study, adoption of a Negative Declaration is recommended. Mitigation measures have been identified in the Draft Negative Declaration, and adoption of a Mitigation Monitoring Program is also recommended.

Commissioner Williams questioned if the traffic plan would address drivers who aren’ t going to the faire and if there will be alternate routes with signage. Mr. Macaulay noted that some traffic will be unavoidable, and they will work with CalTrans to reach a solution and provide signage for normal traffic.

Commissioner Aldrich noted that traffic from San Francisco that may be familiar with the exit at Orange Drive would place more traffic on the two-lane bridge on Nut Tree. Mr. Macaulay noted that they can direct most traffic to the proper exit. In addition, staff, CalTrans and the applicant will work on the timing of the traffic signals.

Commissioner Drake questioned how the traffic situation at the Allison off-ramp will be monitored and who will make the decision to change the timing on lights, noting concern about the length of time to make the change. Mr. Macaulay responded that the timing of the lights would be coordinated with CalTrans. Captain Winfield noted that there would be three police vehicles and two community service officers on-site to monitor the choke points, adding that they would reassess the situation after the first weekend.

Commissioner Turpen noted the letter of support from the Factory Stores, which also requested the assurance that traffic flow will not be affected. Mr. Macaulay noted that even if the two-left turn lanes are backed up at the Allison off-ramp, commercial traffic could move through the intersection. Mr. Turpen questioned the period of overlap from the Faire and the Haunted House. Mr. Macaulay noted that they don’ t have a strong estimate of the attendance for the haunted house, but it will be open in the evenings after the Faire closes, and may have separate parking.

Commissioner Dimmick questioned if signals could be manually changed. Mr. Winfield noted the options the City has to direct traffic. Associate Civil Engineer Cunningham noted that the lights in that area are CalTrans controlled, adding that they have already met with CalTrans and the Police Department to discuss the proposal and a traffic plan.

Chairman Wilkins asked where the traffic would go if signs indicate that parking is full. Mr. Macaulay stated that they intend to provide notice to traffic while it is still on the freeway, before motorist’ s exit.

Vice-Chairman Minkler questioned what will prevent people from parking elsewhere and walking to the site. Mr. Macaulay noted that there is no on-street parking on Monte Vista, and it would not be convenient to park at the Factory Stores.

Commissioner Williams felt that all public officials who are used should be considered on overtime and should not be taken away from other areas in town. Mr. Winfield noted that they will not pull on-duty officers from regular services, but will use overtime personnel.

Commissioner Aldrich questioned the use of animals at the Faire and if there will be an on-site vet. She also questioned if personal animals will be allowed on-site. Mr. Macaulay noted that the Faire applicants would be required to obtain and abide by local permits. Ms. Aldrich questioned the number of people who will stay on the site during the week and weekends, and how cooking and sanitation will be addressed. Mr. Macaulay noted that the on-site trailer facilities would be reviewed by HCD.

Commissioner Williams questioned the difference between a temporary use that has impacts and a permanent use that has impacts. He felt that traffic would be a significant impact. Mr. Macaulay noted that there is not a standard for temporary uses, but this is a limited event and is not a significant and unmitigated impact. Commissioner Williams felt that there needs to be a specific action taken to mitigate impacts. He suggested that on page 15 (impacts on public services, and the impact on police protection), it should be “ no impact” and should not be through CEQA, but a condition of approval. Mr. Williams questioned if on-site security will detain trespassers. Mr. Winfield clarified that two overtime officers on bikes will be on-site, and they will coordinate the on-site security in more detail.

Commissioner Turpen questioned if they can determine the economic impact on the community. Mr. Macaulay noted that there will be some financial benefit, but because it is a temporary event, they can’ t determine what that will be in advance.

Nancy Kivelson, Kivelstat Group, and Principal of the new ownership of the Nut Tree, stated that they have been in the community for the past ten years. She stated that this use would give them the opportunity to test what this site can be used for without being a permanent use. She stated that their intent is to bring entertainment venues to Vacaville.

Shannon Wood, REC, provided a brief history of the event and noted other areas where they provide Faires. She reviewed the events that will occur, such as falconry, jousting, crafts and other activities. She stated that a children’ s area provides constant supervised events. Ms. Wood noted that economic benefit to the community would be through hotels, restaurants, stores, building contractors and car servicing, as well as local employment. She reviewed the vendors and theme areas which include theatrical stages. A portion of the proceeds from the Halloween event would be donated to local youth programs. Ms. Wood explained that the Haunted House would operate on the weekends from 7-9 p.m. and alcohol would not be sold.

Ryan Brandenberg, Planning Director of REC, clarified that they receive animal exhibition permits through the local jurisdiction. He stated that they don’ t allow other animals on-site and they patrol the parking lot and contact animal control if an animal is left in a car. He stated that staff who stay during the week who provide security and maintenance will stay in RV’ s and are monitored by HCD. He stated that they estimate there will be 45 campsites. He noted that some vendors are allowed to stay on-site because they live too far away to travel back and forth each weekend, and there is water and sanitary service available for their use. He added that a commercial vendor will provide sanitary disposal service for the campsites, so there will be no dumping in the area. He noted that they have a large investment in the sets and public image and will provide the necessary security to protect that.

Howard Hamberg, REC, stated that he has been manager for the Faire for the past 30 years. He said that they would work with staff to determine a payment schedule for City services. He stated that they have been through this process for 27 years in Novato and have a good record. He clarified that their advertising states that no animals are permitted on-site. He stated that many of the staff would rent houses in the area or stay in local hotels. He noted that the security and maintenance personnel will stay in RV’ s, and will have a list that identifies who is permitted to stay on site. He responded to the letter referring to the type of people who attend the faire. He provided pictures of the Faire to illustrate what the area will look like and the type of people who attend. He reviewed the site in Novato, which they owned, and explained that the property was sold in 1991 and they were able to stay on the property for an additional 8 years. He reviewed the process they are going through to locate long-term on a site in Antioch.

Michael Mann, a homeowner in Vacaville for the past ten years, stated that he moved to Vacaville because of its “ small town charm” . He noted that he understands that growth and expansion are necessary and recreation actives are important. He felt that the Renaissance Faire is not what this city should be looking for. He provided a video of a portion of “ Real TV” , which showed the mud bath. He questioned if this type of activity is educational. The applicant clarified that the mud bath would not occur at this site. Mr. Mann understood that the owners of the Nut Tree are anxious to use the site, but felt that this is not an appropriate use.

Gary Tatum, representing the Chamber of Commerce, stated that this would be a good venture for the City, because it will be a short-term event. He agreed that there is some concern about traffic, but there would be an overall benefit to the community. He stated that he has attended Faires in the past and enjoyed the event. He noted that he had been in contact with the City of Novato, and the number of crimes that occurred in the 30 years that the event was held in Black Point was less than the number of crimes that occur in one day during Fiesta Days.

Bonnie Marks, Humane Animal Services, stated that she has attended the Faire and is familiar with the animals and activities on-site which include horses, falconry and a petting zoo. She noted that she would meet with the Faire personal and request a list of the number of animals and the name of the owners, and will have officer’ s patrol and inspect the site. She noted that from her observations, Faire security has been excellent. She noted that she does have authority to take action if shelter or food are inadequate. She stated that they would also be provided the names of local vets for response situations.

Roesmary McShane stated that she is against this type of use because it will bring poor values to Vacaville. She felt that this is a family community, and noted concern about people staying on-site. She felt that traffic will be a major problem and was concerned about after hour activities. She stated that she represents many other people who were unwilling to speak on the item.

Karen Harvey, resident of Vacaville, stated that she has worked at the Faire for many years and participates as a family. She noted that after three years of research, she joined the St. Cudfords guild, which teaches children many crafts and singing. She stated that they don’ t tolerate undesirable elements, and that the security at the Faire is very good. She felt that this would provide an educational element for Vacaville.

Susan Eugene, Vacaville resident, stated that she grew up in Ashland Oregon and is very familiar with this type of festival. She stated that she has attended a Renaissance Faire and it was not what she expected. She felt that the emphasis was more on pleasure and represents street life, which is a lower element. She noted that she attended a play that was very inappropriate, and questioned if “ R” rated areas are gated off, would ID’ s be checked. She questioned if the City wants Vacaville represented in this way. She felt that there needs to be more wholesome entertainment.

Cathy Mathews, Vacaville resident and former Nut Tree employee, stated that this is not an easy decision for the Commission. She stated that she had attended the Faire in the past and questioned if people who visit the Faire will provide a benefit to Vacaville. She was concerned about traffic. She noted that Vacaville is changing and wants it to have a good reputation. She questioned if the Faire fits within the direction the City wants to take. She agreed that there are pros and con’ s to the proposal, and doesn’ t think this is what is best for the Nut Tree. She added that she would not take her children to this activity.

Gwen Monson, Antioch resident, stated that she has worked at the Faire for many years with people that have disabilities. She stated that the Renaissance Faire is a place for her to work and enjoy herself with her children. She stated that she volunteers her time teaching children history and theatrical history. She noted that you usually get out of the Faire what you are looking for. She stated that she is looking forward to the Faire locating in Antioch.

Laurel Mann stated that there are a lot of “ ifs” with this proposal. She noted that she had spoken with business owners in Novato who were located close to the Faire. She stated that it had been a negative impact on their businesses because of traffic and illegal parking. She noted that this proposal has a smaller parking lot and thinks people will park at the Factory Stores. She stated that Novato wasn’ t able to document that there was any financial benefit to the City as a result of the Faire. She commented that a family that attends the Faire would spend an average of $200 for entrance fee, parking and food, so they probably won’ t spend money in the community when they leave the Faire. She stated that a Marin paper noted that local people were impacted by negative elements, such as traffic and dust. She had concerns about the type of people who will be attracted to the Faire. She felt that the Faire would leave the site in a negative condition.

Nancy Kivelson, Kivelstat Group, stated that they would not propose this use on a permanent basis, adding that it meets the short-term needs of the Faire and the Nut Tree. She agreed that there would be traffic impacts, but that the Faire and City staff will work together to resolve that issue.

Randall Burr, resident of Fairfield, stated that he has worked at the Faire for the past ten years. He stated that many of the people who participate do so as families and there is a sense of camaraderie and family values.

Howard Hamberg, REC, stated that at their location in Black Point, they held a meeting each year to resolve issues. He clarified that the businesses located close to the Faire that were impacted would not have been attended by Faire participants. He clarified that tents would not be allowed on weekdays, and would be used on a minimal basis on the weekends. He also noted that the Harbison House would be fenced off and would not be accessible.

Shannon Wood reviewed the classes that are offered to schools and stated that the cost would be $6.00 per student and free to teachers and chaperones. She also noted the curriculum that is provided to schools for free.

Joan Cook stated that she has been a food vendor at the Faire for the past 22 years. She noted that she will hire people from the community and provide good work experience and training. She stated that she will make a lot of purchases in Vacaville and stay at a local motel. She commented that there are always many kinds of people, but she strives to provide a good atmosphere.

Bob Christophel, Vacaville resident, stated that for a long time, the Nut Tree has been an identifier for Vacaville. He noted that he has attended the Renaissance Faire and it was a favorable experience that was handled professionally. He felt that local businesses would benefit. He agreed that traffic may be a challenge, but with proper planning, he felt that the situation could be managed. He noted that he was always able to maneuver around the traffic from the pumpkin patch in the past. He felt that it was favorable that a portion of the Haunted House proceeds will be donated to local youth organizations.

Commissioner Dimmick complimented staff and those who attended the meeting. He stated that traffic is a big issue, but it may not be worse than the traffic that was experienced with the pumpkin patch. He stated that he has faith that the Police Department will keep traffic flowing. He agreed that this will provide entertainment that may not be for everyone, and that it is an individual choice to attend. He noted that most businesses are in favor of the use. He felt that people who attend will see what Vacaville has to offer and may come back. He agreed that this may not be an ideal site, but can be workable. He questioned who will decide what youth organization the donation will be made to. It was noted that the applicant could consult with the City as to where it could best be utilized.

Commissioner Aldrich stated that she has not attended a Faire and had a lot of questions before she attended the meeting. She thanked staff for their nice presentation and the input from the public. She requested that a condition be added regarding a plan for the protection of animals. She noted concern about traffic at the Nut Tree overcrossing, and that emergency vehicles not be inhibited en route to the hospital.

Commissioner Drake stated that many good comments had been received. He noted that he had severe reservations with such a large operation that has many issues. He felt that the overall benefit to the City is questionable. He stated that he has confidence that coordination with the proper agencies could handle the influx of people, but he preferred to err on the side of caution. He noted that the last thing he wants is to be right on this.

Vice-Chairman Minkler stated that he has attended the Faire in the past and it was a high quality activity. He suggested segregating adult-type events and that a condition be added prohibiting parking on other sites.

Commissioner Turpen stated that there are risks of having something like this, but felt that the economic benefits will be substantial, directly and indirectly. He added that many of the concerns that were raised will be addressed or permitted by other agencies.

Commissioner Williams noted that he as attended Faires in the past and admits that they are not for everyone. He felt that if you attend and enjoy it, you will attend again, and if you didn’ t enjoy it, you won’ t go back. He noted that he has a ten-year-old daughter who attends with him and he has not seen anything offensive or obscene. He noted an area of CEQA that he has a concern, is the potential land use impacts on the property, the airport and canal; transportation and traffic is his greatest concern. He felt that this is an opportunity to measure traffic flows and provide an opportunity to see how the areas may be affected when the Nut Tree Develops. He felt that the operators have a lot of experience and will provide quality entertainment for a period of eight weeks.

Chairman Wilkins felt that this project will provide opportunities and challenges that will provide a view of the Nut Tree for future development. He felt that the challenge is to have various agencies deal with traffic issues and will require a real partnership. He was optimistic that they can be worked out. He stated that he hoped to make the Nut Tree the gateway to Vacaville again.

Vice-Chairman Minkler moved, Commissioner Turpen seconded that the Planning Commission approve Resolution 99-106, adopting the Mitigated Negative Declaration and associated Mitigation Monitoring Program, and approving the Planned Development Permit for the Renaissance Pleasure Faire, subject to the conditions of approval, with added conditions 8 & 9 to read as follows:

9. The applicant shall consult with nearby public and private establishments, including the Nut Tree Airport and the Factory Outlet Stores, regarding steps to prevent Faire parking beyond the Faire site. The steps agreed upon by the applicant and the nearby public and private establishments shall be provided in writing to the Operations Bureau Commander of the Vacaville Police Department, the City Traffic Engineer and the City Planner.

City Planner Emerson reviewed the business item, noting that this will be a discussion of CEQA and planning procedural issues raised by Commissioner Williams. These issues include: applicant must agree to mitigation measures prior to circulation of the negative declaration; no substantial change in mitigation measures without re-circulation; and referral of project back to the Commission when there are changes to conditions or the project proposal. Staff met with Commissioner Williams last Tuesday to review these items; the meeting resulted in a proposed revision to the City's environmental review process to require written agreement from the applicant on proposed mitigation measures.

Mr. Emerson noted that these were good comments and explained the changes that will be implemented. Commissioner Drake suggested that a more formal signature block be used to include the corporation name and persons title.

1. Community Development Director Rowland reported on City Council actions pertaining to Planning Commission items and reviewed the tentative schedule of future Planning Commission items and select items under staff review.

Commissioner Williams stated that he wanted to make sure that the Renaissance Faire CEQA document does not include items that are not CEQA related, but should be conditions of approval. He also wanted to ensure that they not include more than is necessary because it may open the City to litigation, and should only address the real issues.

Commissioner Aldrich questioned the landscaping at Red Carpet Carwash. Mr. Emerson noted that landscaping had been installed that day. Ms. Aldrich noted that she had been asked if a light would be installed at the corner of Davis and Marshall. Staff noted that they would review with Traffic Engineering and report back. Ms. Aldrich noted that she had also been questioned if the prune orchard on the prison property at California and Peabody would be removed to expand Keating Park. Mr. Rowland reviewed the potential expansion to the park. He also noted that the City Council’ s recent budget proposal included the installation of a light at Browns Valley & Wrenthem.

Chairman Wilkins stated that he felt it had been appropriate to pause the meeting for a few minutes to read the additional materials that were submitted that evening.

City Planner Emerson reminded the Commission of the special session on June 29, with guest speaker Shelley Poticha making a presentation on the New Urbanism.