Resolution 13015CITY OF ALAMEDA RESOLUTION NO.13015
MODIFYING THE PLANNING BOARD'S DECISION AND APPROVING INTERIM USE
PERMIT, UP- 97 -43, TO ALLOW AN "ANTIQUES FAIR" WITH SALES BY VENDORS IN UP
TO 1,000 BOOTHS ON 34 ACRES OF PAVED AREA, FOR UP TO 12,000 VISITORS FOR ONE
EVENT PER MONTH; AND STORAGE IN BUILDING 405, ALAMEDA POINT AND
WITHDRAWING DR 98 -16, DESIGN REVIEW FOR A MODULAR BUILDING; ANTIQUES
BY THE BAY INCORPORATED /ALLEN AND SANDRA MICHAAN, JERRY AND
ELIZABETH GOLDMAN
WHEREAS, an application was made on August 20, 1997 by the Antiques by the Bay, Allen
and Sandra Michaan and Jerry and Elizabeth Goldman, pursuant to the Interim Leasing Program for
Naval Air Station Alameda, for a Use Permit to allow an antiques and collectible items fair with up
to 1,000 booths on approximately 34 acres, and storage in Building 405; and
WHEREAS, the project was deemed complete for processing on February 4, 1998 upon
receipt of the revised traffic study; and
WHEREAS, the subject property is designated Federal 1 Plan
Diagram; and
Facilities on the Genera
WHEREAS, the subject property is in the M -2 General Industrial (Manufacturing) Zoning
District /G Special Government Overlay Zoning District and an Interim Use Permit is required for
reuse of former Navy facilities, and
WHEREAS, Initial Study IS 97 -06, State Clearinghouse Number 98042018, was prepared
which included an evaluation of the environmental impacts of the proposed operation, and the
Planning Board adopted on May 26, 1998, a Resolution, approving a Mitigated Negative Declaration
for the project which includes the subject property, and no significant project changes or new impacts
have been identified; and
WHEREAS, the Planning Board held public hearings on May 11, 1998 and May 26, 1998 to
consider the Use Permit and Design Review applications, and examined pertinent maps, drawings,
and documents, and approved the Use Permit and Design Review applications on May 26, 1998; and
WHEREAS, the Mayor called the applications before the City Council for review, and on July
7, 1998, the City Council held a noticed public hearing and reviewed pertinent testimony, maps,
drawings and documents including approved Initial Study and Mitigated Negative Declaration IS -97-
43; and
WHEREAS, the applicants are no longer seeking approval of a modular building and
requested the withdrawal of the Design Review application; and
NOW THEREFORE BE IT RESOLVED that the City Council approves Use Permit, UP -97-
43, and allows Design Review DR -97 -18 to be withdrawn, with the following findings:
Use Permit
1. The location of the proposed use is compatible with other uses in the vicinity because
the use occurs on weekends when activity at neighboring uses is reduced; and because the conditions
include adequate protection of the adjacent future Wildlife Refuge, adjacent businesses and housing
at Alameda Point and the neighborhood, by providing adequate fencing, prohibitions on bringing
domestic animals onto the site, and limitations on light and noise.
2. The proposed use will be adequately served by transportation and service facilities
because Navy (Main) Street and Atlantic Avenue provide access to the antiques fair site, and because
a bus stop is nearby and an existing ferry terminal is within a mile, providing public transit. The site
has adequate parking for over 5,000 vehicles.
3. The proposed use will not adversely affect other property in the vicinity because the use
is only one Sunday a month; because pedestrian activity will occur within a patrolled perimeter fence;
and because the applicants shall be required to comply with the Alameda County Urban Runoff Clean
Water Program, and the California Storm Water Best Management Practice Industrial Handbook
(BMPs) for all site related activities; and because conditions of approval will ensure that the potential
impacts from light, noise and traffic will not be significant. Because there is concern about the
potential for adverse impacts on the residents of West Housing within Alameda Point and on West
Alameda neighborhoods from traffic and noise, and on businesses in the buildings adjacent to the use,
the Use Permit will be approved for only 9 months. This will permit a demonstration that the use is
compatible; however, the use is limited in duration and will automatically terminate without a showing
of cause, which provides safeguards should the use be found to have undesirable effects.
4. The proposed use favorably relates to the General Plan because the site is located within
an area designated as Federal Facilities and the proposed Interim Use is compatible with this category.
5. The interim use is approved for a limited time, not to exceed the maximum time frame
set forth in the interim leasing program criteria, because the Use Permit is approved for a
maximum of nine (9) months.
6. The interim use utilizes existing facilities and does not require substantial new
development, because the applicants can use former Navy facilities including Taxiway 7 and Building
405 in substantially their present conditions, except for the addition of approximately one mile of
chain link fencing and other incidental improvements.
7. The interim use will not disrupt on -going operations of the government entity should
the interim use occur concurrent with continuing operations by the government entity, because
fencing, security patrols and overall administration of Alameda Naval Air Station/Alameda Point
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provides security for government operations.
8. The interim use will not be detrimental to the ultimate redevelopment of the property
or the potential resumption of use of the property by the government entity, because no new
improvements to the site would restrict future changes to the site pursuant to adopted plans; and
because the antiques fair is a temporary use which can be relocated elsewhere when the site is needed
for permanent improvements.
9. The interim use is consistent with an interim leasing program adopted by the City,
because conditions established for interim leases have been applied to the project.
BE IT FURTHER RESOLVED that the City Council of the City of Alameda approves Use
Permit UP- 97 -43, subject to the following conditions:
Approved Plans and Operational Specifications. The proposal shall conform to plans and
operational specifications on file in the Planning Department Offices, listed below and
collectively, marked Exhibit "A," including:
a. Event booth layout plan, date stamped May 6, 1998, and parking plan, date stamped
August 20, 1997; prepared by Jerry Goldman, marked Exhibit "A -1."
"Rules and Regulations for Sellers," applicants' operational specifications for sublease
agreements with vendors and tenants, 5 pages, dated June 21, 1998, marked Exhibit
"A -2"
c. Photographs, 8 sheets taken in Fall, 1997 and Spring 1998, of similar antiques fairs
(Pasadena/Rose Bowl swap meet and San Anselmo swap meet), to illustrate the
character, arrangement and appearance of vendor /seller booths planned for the
applicants' event, marked Exhibit "A -3 ".
Site plan, Building 405, prepared by the Planning Department using a U.S. Navy map,
marked Exhibit "A -4 ".
subject to the following conditions:
Approved Use. The following uses are allowed, subject to the conditions of this Use Permit
and consistent with Exhibit "A ":
sale and resale of antiques, collectible items including clothing, furniture,
household goods, automobile parts, and the sale of food, plants and produce.
At least 95% o of merchandise booths shall sell antiques and collectible items.
"Antique" is an object 100 or more years old. "Collectible item" is an item
which is more than 20 years old and is of nostalgic, cultural, artistic or vintage
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interest. Not more than five percent (5 %) of the booths may sell food, plant
materials or produce. No new merchandise may be sold.
in up to 500 booths for the first 5 events, and with City approval pursuant to
Condition #4 up to 1,000 booths for subsequent events.
3) events are located at Taxiway 7 and adjacent paved areas exclusive of the
interior of former Navy hangars, adjacent to the Seaplane Lagoon, Alameda
Point, for up to 12,000 visitors per event as described in Condition 25, and for
one Sunday per month, subject to Condition 4 for evaluation of events.
up to ten (10) nonamplified music booths within the event, subject to noise
restrictions set out in condition 7; as well as portable restrooms, water coolers,
medical booths and similar customer service facilities;
c. installation of perimeter fencing of up to one mile circumference, including fencing
water entry ramps or beaches along the event's edge of the Seaplane Lagoon and
safety fencing near the Lagoon; and provision of eight foot high chain link fence with
redwood or aluminum slats along Building 11/12/400 and other adjacent hangar lease
areas where active filming or special events are held. The fence shall be mounted to
safely resist wind loads` and shall maintain the integrity of the tarmac barrier over soils
in a manner acceptable to the Navy. Event security staff shall be posted at all shared
gates with neighboring lease areas, to restrict the entry of unauthorized vendors and
customers from entering these non - Antiques Fair spaces during the events. The eight
foot fence shall be removed and stored in Building 405 or other approved area after
each event:
up to 7,000 customer parking spaces with all customer parking, access from Ferry
Harbor only along the east end of the parking area; only vendors and staff may also
have access from the westerly gate adjacent to the intersection of Monarch Street and
West Tower Avenue or access ways between Buildings 39, 40 and 41 if the Alameda
Reuse and Redevelopment Authority approves such access.
Bay visual access as may be required by the Bay Conservation and Development
Commission permit, for the term of the interim lease (see also Condition #19);
operation on the site is limited for vendors and staff to between the hours of 4:00 a.m.
and 6:00 p.m. and for the public between 7:00 a.m. and 4:00 p.m., no more than one
Sunday per month. Staff may remain on the site on event days until 8:00 p.m. or dusk,
whichever is earlier, to clean and secure the site. Event staff and subcontractors may
also operate in Building 405 during other hours. Event staff and subcontractors may
be on the site the day prior to and following each event during daylight but no earlier
than 8 a.m. and no later than 8 p.m. to set up and remove event equipment such as
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fencing, portable toilets, water stations and similar facilities.
markers of aisle numbers, to assist the patrons in locating their cars, which may
include tape, paint or other method. The applicants shall submit a proposal for the
markers prior to holding the first event, which shall be to the satisfaction of the
Planning Director (see also Condition #18).
Vesting. This Use Permit is for nine months only, which shall commence with the first event,
provided the first event is held within 6 months of the date of this approval.
Monitoring and Review of Initial Events. This Use Permit is subject to monitoring and
review after an initial five (5) events. The purpose of the monitoring and review is to
demonstrate that events can be held without significant adverse impacts and in compliance
with all the conditions of the Use Permit. Until the monitoring period has ended and the
Planning Board has conducted its review and made the necessary findings, the maximum
number of booths shall not exceed 500. The applicants shall be responsible for providing
reports on the monitoring of traffic as required in Condition 24. The applicants shall also be
responsible for reporting on the number of vendors by classification (i.e. antiques /collectibles
or ordinary used household items or food /plants /produce). The Planning Board shall review
the applicants' reports, together with the evaluation and report of the Planning Director, as
well as the report of the Compliance Advisory Group (CAG) as described in Condition 30,
at a noticed public hearing. The Planning Board may permit the maximum number of booths
to increase to 1,000 only if the Board can make all of the following findings:
a. There has been substantial compliance with all the conditions of the Use Permit.
b. Based on the experience with the first five (5) events, the Board finds that the antique
fair can be conducted without damage, hazard, or substantial demonstrable nuisance
to persons or property in the vicinity, particularly including adjacent industrial uses,
and housing at Alameda Point and in West Alameda.
If the Board cannot make these findings, the Board may determine that the Use Permit may
continue only with a maximum of 500 booths. The Board may also determine a necessity to
hold a Use Permit revocation hearing pursuant to Condition 13. If the Use Permit is revoked
after due process, no further antiques fairs may be held Alternatively, during a revocation
hearing, the Board may make the findings by imposing new or modified conditions, including
a further period of monitoring and review prior to the 9th event. In the event the Board is
able to make the findings, then this condition is satisfied, and the events may continue in
compliance with the conditions of the Use Permit.
Reimbursement to City for Costs of Monitoring. The applicants shall reimburse the City for
the costs of City staff time and any related costs for monitoring. Prior to commencement of
use, the applicants shall pay a deposit of $750 for monitoring which shall be funded from time
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to time based on written accounting of expended funds and the request to provide funds
sufficient for up to six (6) months of monitoring.
Other Agency Approvals. The applicants shall obtain any approvals and permits required
from BCDC or other federal, state or regional agencies for the subject use, and shall adhere
to all the conditions imposed by these agencies as they deem appropriate. However, there is
no grant of permanent right of public access to the Seaplane Lagoon shoreline at this time.
Such a grant would not be considered until the ultimate project on this site is considered. Any
food service shall also receive required approval from the Alameda County Department of
Environmental Health.
Noise.
a. The use shall be conducted in compliance with the City of Alameda noise regulations,
Alameda Municipal Code Article II, 4 -10. Any activity found to increase the noise
level above these standards may be required to include mitigations to reduce noise
levels, including insulation or baffling noise sources. The applicants shall limit noise,
particularly night noise, to comply with General Plan policies regarding noise as set
out in Section 8.7, "Noise," to the satisfaction of the Planning Director. For the
purposes of noise regulations, the proposed U.S. Fish and Wildlife Service Refuge
shall be considered a receiving land use at residential standards under Table I,
Alameda Municipal Code Section 4 -10.4.
No amplified music or sound, loudspeakers or public address system is allowed except
for an emergency broadcast system which may operate from 9 am to 4pm when open
to the general public.
Lighting. Lighting shall be limited to an amount which would not change ambient lighting
levels outside the event site and is limited to car headlights, hand held lights and one portable
light not to exceed 15 feet in height, pointed downward.
Fire Protection.
Parking must be kept at least 20 feet from all buildings and not block any fire hydrant
or Fire Department connection.
All food vendors that do any cooking must have a State Fire Marshall tagged 2A-
10BC fire extinguisher on the site. Propane tanks must be secured prevent damage.
c. Any large tent or canopy which can hold more than 10 persons must have a State fire
marshall tag indicating that it is flame retardant.
No vendor is allowed to have any open container of flammable or combustible liquids
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or use any such liquid for repair or demonstration purposes; this shall be added to and
be part of the rules and regulations for sellers.
e. Notwithstanding the foregoing, the Fire Department has the right and duty to stop any
activity that it believes is a fire or life safety hazard.
10. Bureau of Electricity. The applicants shall coordinate with the Alameda Bureau of Electricity
for meter installation and power requirements, including any modifications of power supplies.
11. Compliance with Laws. The applicants shall comply with all federal, state regional and local
laws. Material violation of any of those laws in connection with the use will be cause for
revocation of this permit.
12. Acknowledgment of Conditions. The permittees shall acknowledge and accept in writing the
conditions of approval set out in this Resolution in order for this Use Permit to be exercised:
13. Revocation. This Use Permit may be modified or revoked by the Planning Board, pursuant
to Alameda Municipal Code Section 30- 21.3.d should the Board determine that the proposed
uses or conditions under which it is being operated or maintained is detrimental to the public
health, welfare or materially injurious to, property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance, or pursuant to
conditions of this Use Permit.
14. Time Limit. Subject to monitoring called for in Conditions 3 and 4, this Interim Use Permit
is approved for a maximum of nine (9) months from the commencement of operation (see
Condition #3). In the event of expiration of the Use Permit, the applicants shall remove the
antiques fair at the applicants' expense from Alameda Point/NAS Alameda and discontinue
the event. The applicants may make application to continue the use through a new Use
Permit.
15. Vendor, Agreements /Waivers of Occupancy. The applicants' leases and agreements with
vendors and tenants shall inform all sub - tenants or license holders in writing of the duration
and terms of the Use Permit and shall state that vendors and tenants have no vested right
thereafter to remain at Alameda Point/NAS Alameda. With each lease, the applicants shall
obtain a waiver form from each sub- tenant or sub- licensee waiving all rights to contest the
term or right of occupancy of any sub - license or lease or the term or conditions of the Use
Permit.
16. Hold Harmless. The applicants agree to indemnify, hold harmless and defend the City, its
officers, agents and employees, from any and all liability or claims that may be brought against
the City arising out of its approval of this permit, or arising out of the operation of the
business, save and except that caused by the City's active negligence. Verification of current
insurance, naming the City, ARRA and their officers and personnel as coinsured, shall be
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provided to the satisfaction of the City Attorney and the City Risk Manager. The applicants
specifically will indemnify the City, ARRA and their officers and personnel from costs of
defense, settlement or judgement of any claim from any vendor or tenant of the event to
remain at the site after expiration of the Interim Lease.
17. Urban Runoff/Fire Prevention/Trash Containers. All activities associated with the site are
required to comply with the following California Storm Water Best Management Practices
( B.M.P.'s) to be implemented by the applicants and all contractor. The applicants shall submit
to the Urban Runoff Manager written information and plans, as follows:
a. Verification to the Urban Runoff Manager of filing applications and obtaining permits
from the Regional Water Quality Control Board or any other regional, state or
federal agency regarding parts of the project discharging runoff into the Bay.
b. Provide information to the Urban Runoff Manager on parking lot B.M.P.'s such a's
a regular program of sweeping, litter control and spill cleanup. No maintenance or
repair work of vehicles or equipment shall be allowed in the parking area All sales
of automobile parts shall involve only parts which have been cleaned of oil and
solvents off -site and which allow no drainage to the event site of oil, solvents or other
chemicals, to the satisfaction of the City's Urban Runoff Manager.
c. Provide information to City Urban Runoff Manager on how restaurant and catering
activities will be managed to' insure `B.M.P's are implemented: Applicants are
responsible for insuring that all contractors providing catering and restaurant related
services and their employees are aware of and are instructed regarding B.M.P.'s.
Particular attention shall be given that no liquid waste or wash water from these
activities is discharged to storm drains or paved areas which will contaminate storm
drains or the Bay.
Provide information to the City Urban Runoff Manager and Planning Director
regarding number and location of waste disposal containers and on the drainage of
waste disposal areas indicating how areas will be managed to prevent stormwater
contamination by dumpsters and trash containers. Trash enclosures shall be
completely covered, and no other area shall dram onto or through this area Provide
Best Management Practices (B.M.P.'s) to keep waste disposal areas free of litter and
spill containment.
e. Provide verification to the City Urban Runoff Manager that provisions that all
construction activities associated with the site are required to follow B.M.P.'s to be
implemented by the applicants, general contractor and all other contractors and
suppliers of material and supplies. Construction contracts associated with this project
shall include language to require and provide instruction to contractors to assure that
construction practices do not cause pollutant discharges to the storm drain system.
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in support of the project and persons who spoke in opposition to the project at the public
hearing and persons who live or work near the event site. The purpose of the CAG is to
provide community input to the Planning Board on condition compliance and impacts of the
event. The CAG shall review the applicants' compliance with the conditions of the Use Permit
and report their findings to the Planning Board at the public review meeting required in
Condition #4. The members of the CAG shall be permitted access to the event site without
admission fees for the purposes of evaluating compliance.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
NOTICE. The Conditions of Project Approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and other exactions. You are hereby further notified that the 90 day appeal period in which you may
protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun.
If you fail to file a protest within this 90 day period complying with all the requirements of Section
66020, you will be legally barred from later challenging such fees or exactions.
G: \CC\RESO \5antqupr
13
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on
the 7th day of July , 1998, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, and
President Appezzato - 3.
NOES: Councilmembers Kerr and Lucas -
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 8th day of July , 1998.
Dian Felsch, City Clerk
City of Alameda