HomeMy WebLinkAbout87-077 Marg-Ett Art & Craft Fairs CUP
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: June 15, 1987
TO:
Planning Commission
4- l'Ao'f{ Planning Staff
FROM:
SUBJECT:
PA 87-077 Marg-Ett Art & Craft Fairs - Marietta
Lewis (Applicant) Dublin Plaza Shopping Center
Merchants Associates (Sponsor) Conditional Use
Permit,
GENERAL INFORMATION
PROJECT:
Conditional Use Permit for two Art & Craft Fairs
at the Dublin Plaza Shopping Center (July 23-26,
1987, and December 10-13, 1987),
APPLICANT AND
REPRESENTATIVE:
Marg'Ett Art & Craft Show
Attn.: Marietta Lewis
1377 Wylie Way
San Jose, California
Steve Heath
Dublin Plaza Shopping Center
Merchants Association
7233 Regional Street
Dublin, California 94568
PROPERTY OWNER:
Regional Street Joint Venture
c/o Holvick Deregt & Koe
1230 Oakmead Parkway
Sunnyvale, CA 94088
PROPERTY LOCATION
AND ZONING:
Dublin Plaza Shopping Center
C-l; Retail Business District
(APN 94l-305-16 & 17,2)
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 Novrneber 17-20 1984, and
December 13-l6, 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,
~/c7-
COPIES TO: Applicants (2)
Owner
File PA 87-077
April 21, 1986 - Conditional Use Permit to
operate two Art & Craft Fairs at Dublin Plaza
Shopping Center, held July 17-20, 1986, and
December 11-14, 1986,
APPLICABLE REGULATIONS:
Section 8-61,O 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 sponsored 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: I) 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 June 15, 1987, 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 23-26, 1987, and December 10-13, 1987,
The fairs will consist of 20 to 25 booths with the individual artists or craft
persons exhibiting their wares, The proposed hours of operation for the fair
are between 9:00 a,m, and 6:00 p.m. The City's Chief of Police recommends
that the exhibit hours for the December fair conclude at 4:00 p,m" in order
to discourage any incidents of "strong arm" robbery, This concern has been
addressed in the Resolution of approval,
The Applicant's request complies with the City's adopted Ordinance relating to
Arts and Craft Fairs in that the request is for two four-day fairs within a
12-month period as stipulated in the Ordinance,
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 and sponsored by 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, There have been no zoning
violations associated with previous fairs operated by the Applicant,
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The Applicant's proposal has been reviewed by the applicable public agencies
and conditions of approval have been included in the Resolution of approval.
RECOMMENDATION
FORMAT:
I)
2)
3)
4)
5)
Open public hearing,
Hear Staff presentation,
Hear Applicant and the public presentations,
Close public hearing and deliberate,
Adopt Resolution approving the Conditional Use
Permit,
ACTION:
Staff recommends the Planning Commission adopt the attached
Resolution approving Conditional Use Permit Application PA 87-077.
ATTACHMENTS
Exhibit A - Applicant's Written Statement and Site Plan
Exhibit B - Resolution approving Conditional Use Permit PA 87-077
Background Attachments:
I, Location Map
2, Dublin Plaza Shopping Center - Merchants Association, Letter
dated May 14, 1987
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MARG-ETT
ART AN:) CRA~T SHOWS
1377 WY!...I!:: WAY .
SAN JOSE. Cot." e~130
RECEIVED
MAY 1 5 1987
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Marg-- Ett
Art and Craft Shows
RECEIVED
M.l\Y 1 5 1987
DUBLiN F!.Al'!:'J!t~G
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RULES FOR ARTISTS WHO PARTICIPATE IN THE MARG-ETT ART SHO~S
1. All exhibitors are requested t~ be at the show center at 8:00 A.M.
on the first day of the show for set up and thereafter to be set up
before stores Dpen.
Exhibitors are not allowed to bring small children or pets while
displaying their art.
Autos of exhibitors are to be parked in areas as may be provided by
the shopping center as soon as you are unloaded.
Once the show has ended, no one is to return to the center to display
their art.
Any art object which is deemed repugnant or offensive by the merchants
is not acceptable and must be removed upon request.
Entry fee, as specified, must be paid before show time and 10% commission
paid at the end of the show.
Avoid arguments with shopping center merchants. Should a problem arise,
contact the show Chairperson.
Your display must be as neat as possible.
Your dress attire must be .c1ean and neat.
Keep your area clean at all times.
I agree not to hold the MARG-ETT ART AND CRAFT SHOW, merchants or the Shopping
center responsible for any theft or damage to the art displayed.
SIGNED
DATE
TELEPHONE NO.
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'87-077
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RESOLUTION NO, 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
--- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- -- --- - - - - - - - - - - - - - - - - - - - --- - ---
APPROVING PA 87-077 MARG-ETT ART AND CRAFT FAIRS - MARIETTA LEWIS (APPLICANT)
DUBLIN PLAZA SHOPPING CENTER MERCHANTS ASSOCIATION (SPONSOR)
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 23-26, 1987, and
December 10-13, 1987); 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 June 15, 19S7; 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
prOV1S1ons 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 detri,
mental 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;
e) The approval of the Conditional Use Permit is consistent with the Dublin
General Plan;
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f) The proposed dates for the Art and Craft Fairs are consistent with the
City Ordinance No, 18-84 in that the proposal will not exceed two four
day fairs within a l2-month period,
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:
I. 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 23-26 between the hours
of 9:00 a.m, and 6:00 p,m" and on December 10-13, 1987, between the
hours of 9:00 a,m, and 4:00 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 side-
walk, or block fire protection appliances, 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, The Applicant and art and craft show exhibitors shall comply with
Municipal Code Sections 8-60,33,1 e) and f) relating to sleeping in
vehicles, Sleeping in vehicles parked or stored on any lot or public
right-of-way in any zoning district is not permitted within the City of
Dublin, except as legally allowed in a bona fide trailer park,
mobilehome park or recreational vehicle park,
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 15th day of June, 1987,
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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