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Home My WebLink About85-016 Marg Ett Art & Craft Fairs CUP CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 21, 1986 FROM: Planning Commission Planning Staff IttUW' 't:f TO: SUBJECT: PA 85-016 Marg Ett Art & Craft Fairs - Marietta Lewis (Applicant) Dublin Plaza Shopping Center Merchants Associates (Owner) Conditional Use Permit. GENERAL INFORMATION PROJECT: Conditional Use Permit for two Art & Craft Fairs at the Dublin Plaza Shopping Center (July 17-20, 1986, and December 11-14, 1986) APPLICANT AND REPRESENTATIVE: Marietta Lewis 1377 Wylie Way San Jose, California James A. Dougherty Dublin Plaza Shopping Center Merchants Association 7117 Regional Street Dublin, California 94568 PROPERTY OWNER: Regional Street Joint Venture c/o Ho1vick Deregt & Koe 1230 Oakmead Parkway Sunnyvale, CA 94088 PROPERTY LOCATION AND ZONING: Dublin Plaza Shopping Center Zoned C-1; Retail Business District (APN 941-305-16) SURROUNDING LAND USE: The proposed Art & Craft Fairs are proposed to be located along the pedestrian walkway stretching from the Albertson Market to Mervyns Department Store, roughly centered within the western portion of the Dublin Plaza Community Shopping Center. SITE/ZONING HISTORY: November 13, 1984 - Conditional Use Permit approved to operate two Art and Craft Fairs at Dublin Plaza, held Novmeber 17-20 1984, and December 13-16, 1984. July 8, 1985 - Administrative Conditional Use Permit to operate two one-day Art and Craft Fairs at Dublin Plaza Shopping Center, held July 20, 1985, and July 21, 1985. September 3, 1985 - Conditional Use Permit to operate two Art and Craft Fairs at Dublin Plaza Shopping Center, held November 2-3, 1985, and December 13-16, 1985. ------------------------------------------------------------------------------ ITEM NO. 7. I COPIES TO: Applicant Owner APPLICABLE REGULATIONS: Section 8-61.0 of the Zoning Ordinance, as amended by City Ordinance 18-84, requires that a Conditional Use Permit be obtained from the Planning Commission for the operation of two seperate arts and crafts fairs, for up to four days each, per twelve month period per lot when sponsered by a Dublin based organization, for the sale of handmade or handcrafted items for sale by the original owner. Section 8-94.0 of the Zoning Ordinance states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94.4 of the Zoning Ordinance states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorical Exemption, Class 4(e) NOTIFICATION: Public Notice of the April 21, 1986, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS: The applicant is requesting approval of a Conditional Use Permit to operate two Art and Craft Fairs at the Dublin Plaza Shopping Center, to be held July 17-20, 1986, and December 11-14, 1986. Technically, the Applicant's request does not comply with the City's adopted Ordinance relating to Art and Craft Fairs, in that the request is for two four-day fairs within a calendar year rather than within a 12-month period as stipulated in the Ordinance. The Art and Craft Fair proposed for December 11-14, 1986, exceeds the number of four day fairs permitted within a 12 month period in that the December 1985 Fair ran from the 13th through the 16th. However, the request appears to be consistent with the intent of the Ordinance in that the proposed request does not exceed two four-day fairs within a single 12-month calendar year (1986). The request to set up the two fairs along the pedestrian walkway area stretching from the Albertson Market to the Mervyns Department Store is being coordinated with the Dublin Plaza Shopping Center Merchants Association and is not anticipated to create any special problems for the existing commercial tenants at the shopping center. -2- RECOMMENDATION FORMAT: 1) Open public hearing and hear staff presentation 2) Take testimony from applicant and the public 3) Question staff, applicant and the public 4) Close public hearing and deliberate 5) Adopt Resolution approving the Conditional Use Permit ACTION: Staff recommends the Planning Commission adopt the attached Resolution approving Conditional Use Permit Application PA 86-016. ATTACHMENTS Exhibit A - Applicant's Written Statement and Site Plan Exhibit B - Resolution approving Conditional Use Permit PA 86-016 Background Attachments: 1. Location Map 2. Dublin Plaza Shopping Center - Merchants Association, Letter dated March 4, 1986 -3- MARG - ETT ART AND CRAFT SHOWS 1377 WYL/!:: WAY SAN JOSE, C'\, 95130 ,RECE'VED MAR 1 '1 1986 DUBLIN PLANNING t:Z- ~~J ~p ~ ~~ 7~""/'~! ~ &..i c~, ~~~~ ~ 0--~~r ~,iL'~/~---j e~~~z.-:"I t~~-....A-{, ~ 1~~..L~~~Ju<<- ~~ ,L;""M~"~ ~ .2-Lr:.- ~~~~-t- ~ ~ ~ ~ v-~~.e~. ~~~~..L,~~ .k"-z- ...~~~>--r:;_-e. /0.';6"/1.... -Y.L...u~ ~,~ P.--- ~ ~."L- t!~ ~ r ~ /.;u~~ f ~ 6.",~ o-.-i ~/d~ ~ .c2~ u-x:Lll--1..k"' 4,..-cL -?-~~ ~c--.::t.(..L.<f_~~.z, P/;...JZ- tA-~ to- ~~:~L' /lLj .L-H-.L<-t.~,-<:C"L..:-,c,L 6....z;.-;.L:...., .JJ...::t: o.-b,-O.~h<!A:'-n-<..(~ a-- &-i~fL) ~ r~7'~t'~/1 - ~ ~ ...c~ ~'d.L"-<'--" . ~~ ~ ~~~~ -L'.k..'7?-~ t~y~,u~~ ~~ ~ <>-<- ~~~ ~to.dL~ ~~-<-~~_Z/L '7'1J t,I~ ~ ~- -;H~' ~ ~.fl A-e- ~ ,:}.v,1o ~ ~ L..--~L -.A!;~~ ~- ~"k- ~ '7:0"; 1711. ,/4. ~:ot;p/'(, f-',-~ 0/' cLar 7,.R#" J-? ~', "- ) 7LCt.//.,A_LU;c, t;;.:. "-~ ~YH'R!T lJ . ,. 1; tit...'! 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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING PA 85-016 MARG ETI' ART AND CRAFT FAIRS - MARIETI'A LEWIS (APPLICANT) DUBLIN PLAZA SHOPPING CENTER MERCHANTS ASSOCIATION (OWNER) CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO ART AND CRAFT FAIRS AT THE DUBLIN PLAZA SHOPPING CENTER. WHEREAS, Marietta Lewis/Dublin Plaza Shopping Center Merchants Association request approval of a Conditional Use Permit to allow two Art and Craft Fairs at the Dublin Plaza Shopping Center (July 17-20, 1986, and December 11-14, 1986); and WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended, provides for the operation of arts and crafts fairs for up to two seperate events of a maximum of four days each, per twelve month period, through the Conditional Use Permit process; and WHEREAS, the Planning Commission held a public hearing on said application on April 21, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit will not have a significant environmental impact; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above setforth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds: a) Use of the pedistrian store front areas of this portion of the Dublin Plaza Shopping Center for two short-term arts and crafts fairs serves the public need. b) The use, as conditioned by this Resolution, will be properly related to other land uses, and transportation and service facilities in the vicinity, and will not be in conflict with existing commercial uses in the Dublin Plaza Shopping Center; c) The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with adjoining retail uses and will serve to promote additional vehicular and pedestrian traffic through the Dublin Plaza Shopping Center; r,V" U, ,?,.,=..,.{.,.~?',.',' ~. ~,. &' '-.;f.,.nr.~7 " :' .:" if","'" ,,. J3 -1- e) The approval of the Conditional Use Permit is consistent with the Dublin General Plan; f) The proposed dates for the Art and Craft Fairs are consistent with the intent of City Ordinance No. 18-84 in that the proposal will not exceed two four day fairs with the calendar year 1986. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application as shown by materials labeled Exhibit A and stamped approved on file with the Dublin Planning Department, subject to the following conditions: 1. Layout and operation of the two arts and crafts fairs shall be as generally depicted on the partial center site plan submitted with the application and as described by the applicant's written statement. 2. The Arts and Crafts fairs shall be held on July 17-20 and December 11-14, 1985 between the hours of 9:00 a.m. and 6:00 p.m. 3. The items sold at the show shall be restricted to handmade or handcrafted items by the original artist. The density of the display setups shall be graphically portrayed on an exhibit prepared by the applicant and submitted for review and approval by the Dublin Planning Department and the D.S.R.S.D. Fire Department. Displays shall be set up in such a manner that pedestrian traffic is not shifted into the adjoining driveway aisle. 4. The display areas shall not obstruct pedestrian movement on the sidewalk and shall be kept clear of all store entrances. 5. Signage shall be restricted to two 24 sq. ft. signs; said signs shall not be located offsite or within the public right-of-way. 6. Any trash or litter resulting from the event shall be removed immediately after the show. 7. No arts or crafts shall be left on the premises overnight. 8. A certificate of insurance naming the City of Dublin as additional insured in the amount of one million dollars shall be posted with the City prior to conducting the shows. 9. Assigned RV parking for fair disp1ayers shall be provided on the premises with the number and location subject to review and comment by the Dublin Plaza Shopping Center merchants Association and subject to review and approval by the Dublin Planning Department. Said review shall occur a minimum of two weeks prior to the subject arts & crafts fairs. 10. All activities shall be controlled so as not to create a nuisance to the existing retail businesses within the Dublin Plaza Shopping Center. PASSED, APPROVED AND ADOPTED this 21st day of April, 1986. AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director -2- \\ .... \ \ j \, ,-.t . . \ \ \' ~ :. . \' , ..., .,' \ \ \ '......... ':, '. \ \ \ ..... \. \ \/.- \ . \ ., '. \ \ I ' /;.......;_.~~~ \.\ I, " , . ~ /~/i\ \, ~\\_ ;~"_ /?---~~':~~~~~< ?-f: -6/ \:-., ' ~-~-~ . \ ~ \ \ .-- ----,.., \ \ r, , ; -" 1\ \ \ , DUBLIN PLAZA Merchants A P. O. BOX 2 6 6 1 T DUB L I N SHOPPING Association CENTER CALIFORNIA 94568 March 4,1986 Mrs. Lewis, The Dublin Plaza Merchants Association, has received your letter and dates you would like to have your show in Dublin. The Association has approved the dates you are asking for. The dates of July 17-20, 1986 and December 11-14,1986. We look forward to seeing you at our Shopping Center. Thank you, Karen pou~n. /~ (0\.9. n \0 l\ \.he r, RECEIVED M r~R 1 <11986 _. __. ..... ftt.. ....aJ....tl A IT AGriMErU 2-