HomeMy WebLinkAbout86-016 Marg Ett Art & Craft Fairs CUP
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CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: April 21, 1986
TO:
Planning
FROM:
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Fairs - Marietta
Conditional Use,Permit for two Art'& Craft Fairs
at the Dublin Plaza Shopping Center (July 17-20,
1986, and December 11-14, 1986)
Marietta Lewis
1377 Wylie Way
,_ San Jose, California
James A. Dougherty
Dublin Plaza Shopping Center
Merchants Association
7117 Regional Street
Dublin, California 94568
PROPERTY LOCATION
AND ZONING:
Regional Street Joint Venture
c/o Holvick Deregt & Koe
1230 Oakmead Parkway
Sunnyvale, CA 94088
,PROPERTY OWNER:
Dublin Plaza Shopping Center
Zoned C-l; Retail Business District
(APN 941-305-16)
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 Ce~ter, 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.
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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.
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RECO~MENDATION
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
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MARG - ETT
ART AND CRAFT SHOWS
1377 WYLlS WAY
SAN JOSE. CA.. 95130
RECEIVED
MAR 1 L.i 1986
DUBLIN PLANNING
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 85-016 MARG ETT ART AND CRAFT FAIRS - MARIETTA 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;
.~!EXHIBIT JL
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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 displayers 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
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ATTACHMENT I
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DUBLIN PLAZA SHOPPING CENTER
Merchants k Association
P. o. BOX 2 6 6 1 T DUB L I N C A L I FOR N I A 9 4 5 6 8
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,
Kare. n Pou~n
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C7\c..su 1\ \0 I.-\.lhc n
RECEIVED
MAR 1 LJ: 1986'
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