2012-05-03 Windward Transcript Circus

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In summary, the Planning Director allowed the farmers market held on Saturdays and the bazaar held on Wednesday nights to continue temporarily while the Applicant prepared an amendment to Special Permit No. 1122. The Planning Director allowed these uses to continue temporarily so that it would not affect people’s income while the Applicant prepare the amendment, especially in the light of the economy at this time. Additionally, the Planning Director made it clear that there were to be no more public performances, advertised public events, or commercial weddings held on the site. Personal events such as a birthday party or a personal wedding of a family member are allowed, as they are personal and not commercial. This did not include birthdays or weddings of SPACE “members”, but of the occupant/owner of the properties. The Applicant submitted an amendment application on June 14, 2010. On September 7, 2010, the Applicant requested to withdraw that amendment to pursue a lease for the adjoining parcel from the State. No other amendment request has been submitted to the Planning Department as of this date, this date as being May 3, 2012. October 26, 2010, the Executive Director of SPACE submitted a letter requesting an exemption from the cease and desist order to allow SPACE to hold six public performances from October 2010 until April of 2010. The request was to allow SPACE to hold fundraisers because their financial situation had reached a crisis level. On November 4, 2010, the Planning Director responded stating that this office cannot allow a use that is strictly prohibited as a condition of the Special Permit that was issued by the Planning Commission. The Special Permit will need to be amended to allow for public performances on the subject property. Until such an amendment is approved, no public performances are allowed. This is a copy or a portion of the SPACE Performing Arts Newsletter for February 2011. It states that the swap meet was continuing, and this was during the time that the first cease and desist order was in effect, as well as that last letter that we just talked about. It also identifies the Le Chic Show No. 4, thth this is the fourth year for this show, which was held on February 11 and 12. It states that members, tickets, oh, this year, it says “This year, the show will be a Latin Theme suitable for adults and kids.” Tickets for members were $15, non-members $18, kids $5 and $7. Both shows sold-out for the past three years and “we are expecting to do so again this year.” th The Planning Department began to receive complaints, several complaints, regarding a 25 Anniversary event that was to be held at SPACE. The Planning Department staff contacted the Applicant, as well as the Applicant’s representative, and informed them that we did not feel this was allowed, as allowed by the Director within her March 25, 2010 letter. A letter was sent to the Applicant and their representatives by email as well as certified. The th Applicant’s representative had submitted a letter on the same day, February 24, in response to our contacts that we had made regarding this event. That particular letter is dated, is Exhibit 17. Our letter 7 EXHIBIT B