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HomeMy WebLinkAboutCC Resolution 12833 (Andy's Market Festival & Concert)RESOLUTION NO. 12833 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A PERMIT TO ALLOW ANDY'S MARKET TO HOLD A ONE -DAY FESTIVAL AND MUSIC CONCERT ON SATURDAY, SEPTEMBER 26, 2009, AT 688 PT SAN PEDRO ROAD APNs: 016-070-02, 03, 04, 05 (LOCH LOMOND MARINA) WHEREAS, on July 29, 2009, Andy's Market submitted an application seeking approval of a permit to allow a festival and music concert to be held on the Loch Lomond Marina property at 688 Point San Pedro Road on September 26, 2009 from 11:00 am to 11:00 pm; and WHEREAS, consistent with the requirements of Chapter 10.44.080 of the San Rafael Municipal Code, the City Council reviewed and approved the applicant's Claim for Waiver Deposit thereby waiving the required $500 deposit to ensure that the property where the festival is held is left in a neat, clean, healthy and sanitary condition pursuant to SRMC Section 10.44.030; and WHEREAS, a courtesy notice of the City Council meeting was sent to neighboring property owners and occupants within 500 feet of the subject property on August 21, 2009; and WHEREAS, on September 8, 2009, the City Council considered the proposed festival permit accepting all public comment and the written report of the Department of Community Development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve a carnival permit for Andy's Market to allow a daytime festival from 11:00 am to 4:00 pm and a music concert to be held from 6:00 pm to 11:00 pm on Saturday, September 26, 2009, as described in "Exhibit A", subject to the following conditions of approval: Parking areas shall be marked and reserved for marina berth tenants and "live -aboard" residents and for marina boat launch day users. Bicycle parking shall be provided for the daytime festival. Applicant shall consult with BPAC (Bicycle and Pedestrian Advisory Committee) on location and signage for bicycle parking. 2. The applicant shall coordinate with the City Traffic Engineer to place "No Parking" signs on the north side of Pt. San Pedro Road between Lochinvar Road and Bayview Drive. 3. Prior to the commencement of the carnival or no later than Friday, September 25, 2009, the applicant shall submit to the Planning Department a copy of all required permits (i.e., Fire Department, Health Department, Alcoholic Beverage Control, etc). 4. No music shall be played after 11:00 pm. All clean-up activities shall be completed by 11:30 pm on Saturday, September 26, 2009, The tent shall be removed on Sunday, September 27, 2009. 6. All clean-up of wind blown debris on the north side of Pt. San Pedro Road and the north side of Andy's Market shall be completed by Sunday, September 27, 2009. The applicant shall /-I g1Z-4 inspect the site on two consecutive days following the event to ensure that all debris has been removed. 7. Prior to the event, Community Development Department staff shall consult with the San Rafael Police Department to determine the need and/or the number of City police officers to provide adequate security and traffic management. This determination shall consider the extent of private security and parking management services proposed for both the daytime festival and evening concert. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held Tuesday the 8"' day of September 2009, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None .'�f4aA 9CU ESTHER BEIRNE, City Clerk ATTACHMENT 1 - REVISED Andy's Market - San Rafael School District Fund -Raising Event Application Information 1.0 Overview Mr. Andy Bachich, owner of Andy's Local Market, is proposing to host a two-part event at his store location (688 Pt. San Pedro Road, San Rafael) on September 26, 2009. The event is a critical, major fund-raising event for the entire San Rafael School District, and will consist of a daytime festival for the whole family (from 11:00 am to 4:00 pm) and an evening concert for adults (proposed from 7:00 pm to 11:00 pm) featuring the Tommy Castro Band. This event is a critical fund raiser due to the severe budget cuts facing our local schools. The primary objective of the event is to fund all of the San Rafael school libraries and restore their full use. 2.0 Davtime Festival (10:00 am - 4:00 Dm) The daytime festival will open to the public at 11:00 a.m. and would be for the whole family with no admission fee. The festival includes childrens entertainment on two (2) small stages, pony rides in an enclosed onsite area, games, inflatable jumps, face - painting, food and beverages (including beer and wine), bake sales, and related items and activities. Expectations are for the festival to attract 1000 people over the course of the day. Food would prepared outside in an open area in front of Andy's Market (see [10] on the Festival Site Plan). The only possible tent anticipated is for the Beer Garden, and this is envisioned to be more of a shade canopy than a to -be -occupied tent (see [8] on the Site Plan). No food would be prepared or served in the Beer Garden. 2.1 Traffic and Parking Plan for Daytime Festival There will be a designated Festival entrance to the event (see [2] on the Summer Festival Site Plan) that will open at 10:30 a.m. This entrance may also be used by marina visitors. Signage will be provided to direct festival attendees and marina visitors into this entrance. The normal main entrance for Andy's Market will still be used for people coming to shop during the event (see [3] on the Site Plan, the normal entrance for Andy's Market). This entrance may also be used by marina visitors. Signage will be provided to direct EXHIBIT A shoppers and marina visitors into this entrance. Parking for store shoppers is identified by [13] on the Site Plan. Marina visitors will be directed to park in the paved area southeast of Andy's Market. The marina will provide two (2) golf carts with drivers to transport visitors to and from their boat slip locations. Festival parking will take place in the gravel areas designated as [5a] (for 150 cars) and the paved area designated as [5b] (for 100 cars) on the Site Plan. Parking is also legal along Pt. San Pedro Road, although there will be no parking allowed along the north side of the road to prevent hazards to people jay -walking to get across to the festival . It is estimated that at least 50 cars can park along the south side of Pt. San Pedro Road adjacent to the festival site. Additional parking will be available at San Pedro Elementary School (50 spaces, with a shuttle provided), and along the southernmost internal road at the site (30 spaces), just north of the yacht harbor parking area. There is sufficient room to park cars on both sides of the southernmost internal road and still allow clear emergency vehicle access. If necessary, the eastern jetty may be used as reserve/overflow parking for up to 50 cars. For additional information, please see the attached Parking Plan. Andy's Market is hoping that as many as 1000 people (333 cars @ 3 people/car) would attend the event over the course of the day. Estimate is that no more than about 300 people (roughly 100 cars) would be present at any one time. Andy's Market anticipates that four (4), or at most five (5), people would be sufficient to direct traffic and ensure efficient parking. Arrangements will be made to provide a shuttle service from San Pedro Elementary School, where there is room to park 50 cars. The shuttle route and drop-off/pick-up location is shown on the Parking Plan. Here are the estimated available parking spaces for the day time festival event: Area [5a] gravel parking area = 150 cars Area [5b] paved parking area = 100 cars Area [5c] south side of Point San Pedro Road = 60 cars Area [5d] parking along southernmost internal road at the site = 50 cars Parking on eastern jetty (reserve/overflow) = 50 cars Parking at Pt. San Pedro School = 50 cars TOTAL ESTIMATED PARKING SPACES = 460 cars The available number of spaces is adequate for the event. As a result, no parking problems or traffic flow issues are anticipated. All of the existing internal roadways around and within the site will remain open allowing normal traffic flow patterns within the site to be maintained. The only exception are movable barriers will be placed as shown on the Site Plan to keep the main north -south internal road free of vehicles during the event. These barriers can be moved instantly if necessary for emergency access. 3.0 Evenina Concert (6:00 qm - 11:30 DMI The evening concert featuring the Tommy Castro Band and special guest stars would be an adults -only event that would begin at 7:00 pm and end at 11:30 pm (music ends at 11:00 pm and everyone is cleared out by 11:30 pm). Tickets must be purchased in advance. Doors would open at 6:00 pm. The event would take place in a tent (100 -ft x 140 -ft; see [6] on the Summer Concert Site Plan) that to be located in the marina parking lot along the water south of Andy's Market. Expectations are for 1500 people to attend the concert. No food preparation or service will occur inside the concert tent. A food vendor (Sol Food, San Rafael) has been selected to provide food vending services outside of the tent, as shown on the Site Plan. A special VIP section will be set up in a portion of the tent. This is the only area that will have seating. The remainder of the tent will be general admission, with no seats. The tent vendor (Top Productions) has worked with the City of San Rafael in the past, and is familiar with all of the necessary life safety and access/egress requirements. Top Productions will provide all of the required signage inside the tent (exits, etc.). 3.1 Noise Considerations The evening concert is proposed to end at 11:00 p.m. The City's noise limits (SRMC 8.13.050C, 'Sound Performances; Sound -Generating Devices') prohibits the noise level from sound -generating devices or instruments used for indoor or outdoor sound performances from exceeding eighty (80) dBA measured at a distance of fifty (50) feet from the property plane. The SRMC further limits the use of any sound -generating device or instrument after 10:00 p.m. 3.1.1 Request for Extension of Allowable Time for Use of Sound -Generating Instruments Andy's Market respectfully is asking the City Council to approve this special event until 11:00 p.m. the night of September 26, 2009. It is important that there be enough time between the end of the day time festival and the start of the evening concert to allow safe and adequate tear -down of the festival facilities. Therefore the earliest that the 3 concert could start is 7:00 p.m. There needs to be adequate time for Andy to thank all of the sponsors, and for attendees to get their money's worth from the event. Therefore, Andy's Market would appreciate the Council approving the concert's proposed end -time of 11:00 p.m. 3.1.2 Noise Levels The concert will occur inside a large (110 -ft x 140 -ft) tent, and as a result, sound generation is not expected to exceed eighty (80) dBA measured at a distance of fifty (50) feet from the property plane. This is based on discussions with Mr. Terry Morton of Renegade Productions, the band's sound production company, and with Mr. Brain Auger, City of San Rafael, after he walked the site in consideration of this event. Also, note that the tent will be open towards the water, and as such, it is very unlikely that any noise would be perceived as excessive at the residences located directly across Pt. San Pedro Road from Andy's Market. However, Andy's Market plans on providing supporting information and results from discussions with neighbors at the City Council hearing. 3.2 Traffic and Parking for Evening Concert It is possible that 1500 people (700-750 cars @ 2-3 people/car) would attend the event Andy's Market anticipates that five (5), people will be sufficient to direct traffic and ensure efficient parking. Parking for the evening concert will take place in the areas shown on the Evening Concert Site and Parking Plan (Figure 3). These are essentially the existing parking spaces available on the property, including the gravel area shown as [5a] on the Plan. The entire Andy's Market parking lot and adjacent marina lot (except for the tent location) are stripped and will be the primary site for parking. Parking is also legal along Pt. San Pedro Road, although there will be no parking allowed along the north side of the road to prevent hazards to people jay -walking to get across to the concert. Parking will also be allowed on both sides of the internal roads at the site. If necessary, parking can also take place on the eastern jetty (reserve/overflow parking only). Here are the estimated available parking spaces for the evening concert event: Area [3] paved VIP parking = 25 cars Area [5a] gravel parking area = 150 cars Area [5b] paved parking area = 100 cars 4 Area [5c] paved parking area = 75 cars Area [5d] paved parking area = 100 cars Area [5e] paved parking area = 50 cars Area [10] parking along internal roads at the site = 70 cars Parking in dentist office lot = 30 cars Parking south side of Point San Pedro Road = 60 cars Parking at Pt. San Pedro School = 50 cars Parking on eastern jetty (reserve/overflow) = 50 cars TOTAL ESTIMATED PARKING SPACES = 760 cars The available number of spaces is adequate for the event. As a result, no parking problems or traffic flow issues are anticipated. All of the existing internal roadways around and within the site will remain open allowing normal traffic flow patterns within the site to be maintained. All of the internal roads are wide enough to park cars on both sides and still allow adequate access for emergency vehicles. 4.0 Fees Andy's Market understands that the $500 site cleaning deposit can be waived on request for good reason. Since the event is a fund raiser and since it will take place on Andy's Market property, there is every incentive for the site to be cleaned and returned to its pre -event status. Andy's Market is therefore respectfully requesting that this fee be waived. Andy's Market also understands that there is usually a fee associated with the Planning Department's processing of this type of application, and that this fee may be waived for good cause. Andy's Market therefore respectfully requests that any processing fees be waived as a measure of support to the San Rafael School District by the City of San Rafael. 5