HomeMy WebLinkAbout2015-04-27 PACKET 06.3.Planning Staff Report
Interim Conditional Use Permit — Temporary Outdoor Sales
Planning Case No. ICUP2015 -012
April 27, 2015
Proposal
Renaissance Fireworks, LLC has applied for an interim conditional use permit to allow temporary
outdoor sales of fireworks from a tent in the former Rainbow Foods parking lot at 7282 East Point
Douglas Road. The temporary outdoor sales will be from June 19, 2015 to July 6, 2015. RBF,
LLC (Rainbow Foods) has given the applicant consent to erect the temporary 30 -foot by 45 -foot
tent and place an 8 -foot by 20 -foot metal storage unit in the northwest corner of their parking lot.
A copy of the applicant's site plan is attached.
Location Map
Review Process
Application Received: April 3, 2015
Acceptance of Completed Application: April 8, 2015
Tentative City Council Date: May 6, 2015
60 -Day Review Deadline: May 31, 2015
Planning Staff Report— Case No. ICUP2015 -012
Renaissance Fireworks — Temporary Outdoor Fireworks Sales
April 27, 2015
Page 2 of 5
Planning Considerations
Compliance with Ordinance Requirements
The ordinance lists seven general criteria that must be met to obtain approval of the interim condi-
tional use permit. The criteria relates to impact on property, time certainty of the proposal, and
conformity with the zoning ordinance. The ordinance also allows the city to stipulate appropriate
conditions. Approval of the ICUP for an outdoor temporary sale of fireworks generally meets all
these standards.
Background
The Planning Commission held a public hearing on May 19, 2014 for a similar interim conditional
use permit application by Renaissance Fireworks at this same location. There was no written or
oral testimony received from the general public. The Planning Commission unanimously recom-
mended to the City Council that the application be approved, subject to the conditions stipulated
in the planning staff report. The City Council unanimously approved the [CUP application by
Renaissance Fireworks on June 4, 2014 (Res. No. 2014 -42) for a one -year period.
Rainbow Foods grocery closed their business operations at this location last fall and the retail
space remains unoccupied. A minimal number of motor vehicles have since been seen parking in
the former Rainbow Foods parking lot. The shared space for parking between the retail business
and this temporary outdoor fireworks sales tent never conflicted in the past. If the retail space
remains unoccupied during the timeframe the temporary outdoor fireworks sales tent is open for
business, parking will continue to be a non - issue.
Temporary Outdoor Sales Tent
The 30 -foot by 45 -foot (1,350 square foot) temporary tent is proposed to be located in the north-
west corner of the former Rainbow Food's parking lot. The placement of this temporary tent will
eliminate approximately 18 parking spaces. Because the former Rainbow Foods store space is
currently vacant, parking for Renaissance Fireworks' customers and employees will be adequate
during the temporary fireworks sales business hours.
The aerial photo shows the location of the temporary tent and storage unit.
Planning Staff Report — Case No. ICUP2015 -012
Renaissance Fireworks — Temporary Outdoor Fireworks Sales
April 27, 2015
Page 3 of 5
A portable 8 -foot by 20 -foot by 8.5 -foot metal storage unit will be used to store fireworks merchan-
dise during non - business hours. The storage unit will be placed west of the tent. A photo of the
metal storage unit is shown below.
Fireworks Operation
Renaissance Fireworks proposes to operate the temporary outdoor fireworks sales from June
19 through July 6 from 9:00 a.m. to 10:00 p.m. Set -up will begin on June 13 and removal of the
tent and storage unit will be before July 13, 2014. The merchandise will be stored in an 8 -foot
by 20 -foot by 8.5 -foot metal container. This portable storage unit will be placed in the north-
west corner of the parking lot, approximately 60 feet west from the tent. Temporary lighting will
also be provided at this site. A copy of their fireworks product list is attached.
RBF LLC (Rainbow Foods) granted Renaissance Fireworks, Inc. their approval to set -up the
temporary tent and sell fireworks merchandise from the location described in this report. Writ-
ten approval by the property owner has not yet been obtained. As a condition of approval, the
applicant must provide the City with the property owner's written approval to occupy the prop-
erty before the City will issue the building permit for the applicant to erect the temporary tent.
Fireworks Signage
A 3 -foot by 10 -foot "FIREWORKS" banner and is proposed to be attached to the exterior walls
of the temporary tent. An example of this banner is shown below.
Planning Staff Report— Case No. ICUP2015 -012
Renaissance Fireworks — Temporary Outdoor Fireworks Sales
April 27, 2015
Page 4 of 5
The applicant also is proposing one "American" flag at each of tent's four corners. It is recom-
mended that one "FIREWORKS" banner may be mounted to each side of the tent and prohib-
ited on the temporary storage unit. Pennants, streamers, inflatables, and other temporary signs
are prohibited. Signs inside the tent are permitted.
A building permit must be issued by the City before any approved temporary sign can be
mounted to the exterior wall of the tent.
Public Hearing Notices
Public hearing notices were mailed to 44 property owners who are within 500 feet of former
Rainbow Food's site. These notices were mailed on April 16, 2015. The 500 -foot buffer around
the site is shown on the location map.
Technical Review Committee
The Technical Review Committee (City staff representing all City Departments and advisory
commissions) reviewed Renaissance Fireworks, LLC's ICUP application. City staff reported
that they have no concerns about the applicant's proposed temporary fireworks sales at this
location.
Recommendation
That the Planning Commission recommends to the City Council that the interim conditional use
permit application allowing one temporary 30 -foot by 45 -foot tent and one 8 -foot by 20 -foot by
8.5 -foot temporary storage unit from June 19, 2015 through July 6, 2015 at 7282 East Point
Douglas Road be approved, subject to the following conditions:
1. The interim conditional use permit for display and sales of fireworks is in effect between
June 19, 2015 and July 6, 2015. Set -up may begin on June 13, but only if a building permit
has been issued. Business hours are from 9:00 am to 10 :00 pm. The temporary tent and
storage unit must be removed from the property on or before July 13, 2015. The interim
conditional use permit is approved for a three -year period expiring on July 13, 2017.
2. A building permit for the 30 -foot by 45 -foot temporary sales tent must be issued by the
City's Building Inspections Department before the temporary tent is erected.
3. Merchandise displayed outside the tent is prohibited.
4. A portable multipurpose dry chemical type fire extinguisher must be provided if electric
service is provided to the temporary tent. "NO SMOKING" signs must be posted as
required by the City's Fire Marshal.
5. All electrical wiring, connections, and temporary lighting fixtures must comply with State
electrical requirements.
6. Overhead electrical service or electrical extension cords are prohibited from any power
source that extends across the parking /paved area of the Rainbow Food's site.
Planning Staff Report— Case No. ICUP2015 -012
Renaissance Fireworks — Temporary Outdoor Fireworks Sales
April 27, 2015
Page 5 of 5
7. Advertising signage attached to the exterior of the temporary tent is permitted. Free-
standing signs, off - premise advertising, costume sign, and /or inflatable signs are prohibited
outside the temporary tent. No more than one 3 -foot by 10 -foot banner sign may be at-
tached to each of the four exterior walls of the temporary tent. A building permit is required
for all the temporary signs.
8. All the requirements imposed by the National Fire Protection Association 1124, 2003 Edi-
tion for retail sales of consumer fireworks must be complied with.
The minimum aisle width serving as a portion of the exit access in the temporary sales tent
and all aisles accessible by the public must be a minimum of 48 inches wide. Dead -ended
aisles are prohibited.
10. Discharging fireworks within 300 feet of the temporary tent is prohibited.
11. Sale of fireworks is permitted between the hours of 9:00 a.m. to 10:00 p.m. Renaissance
Firework's employees must be on site during business hours.
12. The applicant must submit a copy of the property owner's and tenant's written approval for
Renaissance Fireworks, Inc. to occupy their property to erect a temporary tent and sell
fireworks merchandise for an interim period specified in this application. The City Building
Division will not issue a building permit until the property owner's and tenant's written
approvals have been received.
Prepared by:
John McCool, AICP
Senior Planner
Attachments:
• Site Plan
• Tent Floor Plan
• Product List
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