HomeMy WebLinkAbout06-05-1989 Item 8.3 PA89-046 Marg-Ett Art & Craft Fairs 06-05-1989
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEI1ENT/STAFF REPORT
Meeting Date: June 5, 1989
TO:
Planning Commission
FROM:
Planning Staff , ~
Laura Hoffmeister, Associate Plannercl~
REPORT PREPARED BY:
SUBJECT:
PA 89-046 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 20-23,
1989 and December 7-10, 1989).
APPLICANT AND
REPRESENTATIVE:
Marg-Ett Art & Craft Show
Attn.: Marietta Le'.is
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
~ad-l!arblay--
Sunnyvale.,'-CA-94088 .
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PROPERTY LOCATION
Pu'lD ZONING:
Dublin Plaza Shopping Center
C-l; Retail Business District
(APN 941-305-16 & 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 Merv;T.s
Department Store, roughly centered within the
Dublin Plaza Community Shopping Center.
ZONING HISTORY:
November 13, 1984 - Conditional Use Permit approved to operate two Art
and Craft Fairs at Dublin Plaza, held November 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.
_ _ _ _ __ ___ _ _ _ _. _ _ _ _. __. __ ~ _ _ w _ _._ ____ -- - - --- - ----- --- - -- - - -- - ---- - --- -- -- - - -.--
ITEM NO.
<3.3
COPIES TO: Applicant
Owner
File PA 89-046------
J. Stagner
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.
June 6, 1987 - Conditional Use Permit to operate two Art & Craft Fairs at
Dublin Plaza Shopping Center held July 23-26, 1987 and December 10-13,
1987.
June 6, 1988 - Conditional Use Permit to operate two art and craft fairs
at Dublin Plaza Shopping Center, held July 21-24 and December 1-4, 1988.
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 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: 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), temporary use of
land having negligible or no permanent effect on the
environment.
NOTIFICATION:
Public Notice of the June 5, 1989, 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 20-23, 1989 and December 7-10, 1989.
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 Harket to the Me~)~s Department Store, is bein~
coordinated with and sponsored by the Dublin Plaza Shopping Center Herchants -
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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.
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. No problems resulted from any of the
previous fairs and Staff is supportive of the Applicant's proposal.
Additionally, the last two previous years the Applicant requested the
Commission to allow exhibitors to sleep over in their Recreational Vehicles.
The Commission permitted overnight use of the RV's subject to approval by the
Planning Director. No problems were known to have occurred from the sleep
overs; therefore, Staff has included this same provision in the Resolution of
Approval.
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:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take Testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution approving the Conditional Use
Permit, or give Staff and Applicant direction and continue
the matter.
ACTION:
Staff recommends the Planning Commission adopt the attached
Resolution approving Conditional Use Permit Application PA 89-046.
ATTAC~~ENTS
Exhibit A _ Resolution approving Conditional Use Permit PA 89-046
Background Attachments:
1. Location Map
2. Site Plan and Applicant's Written Statements
3. Dublin Plaza Shopping Center - Merchants Association, Letter and Agreement
dated April 11, 1989.
4. City Ordinance 18-84 relating to Arts & Crafts Fairs.
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RESOLUTION NO. 89-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------------------
APPROVING PA 89-046 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 20-23, 1989 and
December 7-10, 1989); 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, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the Planning Commission held a public hearing on said
application on June 5, 1989; 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 Staff Report was submitted recommending that the
Conditional Use Permit application be conditionally 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 by providing an opportunity for the community to see and
purchase specialty handmade and handcrafted items not t)~ically available
elsewhere in the community.
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 ~hich 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 and Downto.~ Specific Plan.
f) The proposed dates for the Art and Craft Fairs are consistent "ith
the City Ordinance No. 18-84 in that the proposal will not exceed two four day
fairs within a 12-month period.
-1-
ExhIit
A
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
conditionally approve said application as shown by materials labeled Exhibit B
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
(Attachment 2).
2. The Arts and Crafts fairs shall be held on July 20-23, 1989, and
December 7-10, 1989, 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 Dougherty Regional Fire Authority. Displays shall be
set up in such a manner that pedestrian traffic is not shifted into the
adjoining driveway/fire-lane aisle.
4. The display areas shall not obstruct pedestrian movement on the side-
walk, block fire protection appliances or fire lanes and shall be kept
clear of all store entrances.
5. Signage shall be restricted to a max1m1um of two 24 square feet signs;
all said signs, including A-frame signs, shall not be located offsite or
within the public right-of-way. Temporary no-parking/no-stopping signs
shall be posted along the curb line.
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 recreational vehicle parking for the Art & Craft Show
exhibitors 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 Planing Department. Said review shall occur a mininum of two
weeks prior to the Art & Craft Fair.
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 5th day of June, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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ART AND CRAFT SHOWS
1377 WYl..IE WAY
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RJUS F~: f.,?TISiS \o(..,'j P,l,P.TICIP,l,TE IN THE I';,~G-[n "P.T SH:lh'S
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1. All ex~i~itcrs are reque;ted t~ be ~t the sho~ center at E:OO A.~.
on the first day of the show for set up anc there~fter to be set up
before stores Dpen.
2. Exhibitors are not ~llowe: to bring s"~ll c~ildren or pets while
displaying their,4rt.
3. Autos of exhibitors are to be p~r~ed in are~s as rr~y be provided by
the shopping center as soon as you are unlo~ded.
4. Once the show has e~de:. no one is to retu~r, to the cer.ter to disclav
the i r 2 ~t.
5. A~y 2rt obje:t which ;s dee~ed repugr,ar.t o~ offensive by the ~~chants
is not ~:ce?t~:le a~d ~~st be re~~ved u;~n request.
E. Entry fee, 2S spe:ified, rn~st be paid befo~e show tir.~ ~nd 10% comr,issicr.
paid at the end of the show.
7. Avoid arg"~nts with shopping center rnerch~nts. Should a prob1en arise,
cont2ct the show chairpe~scn.
8. Your display must be ~s neat as possible.
9. Your dress attire m~st be clean and neat.
10. Keep your area clean at all times.
I ag~ee not to hold the I'ARG-ETT ART AND CRAFT SHO~, merchants or the shoppin;
center responsible for any theft or damage to the art disp1!yed.
SIG1i::0
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o REPLY REQUESTED. USE REVERS: S:~:
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AGREEMENT
Theparties to this Agreementare.!2.... b L /iJ pLR-....(:l f1~ 1e&A. psfR'dMarg-ett Shows.
Center is the owner or lessor of the premises known as LL"i,L/1J PJ.P~~ C~NTt<~,
,"",iMft" <<",<<d '0 o. ,he "Coo"'''), M"g.,tf S,""w. d,.i<<. '0 - 0 po"iOO of 'h.
premises for certain periods of time, for the purposes hereafter specified.
The parties agree as follows:
I. The type of activity is as follows:
P1er:..C!.;tr>F-r 5hoIP
2. Th, do" offh' o,li,ity i, :r.Ly P'~'. ~9ff - D~' '-I., IfJ"l
3. The Center agrees that Marg-ett Shows may use and occupy that portion of
fh, p"mi." whi,h i, d"igMf,d 00 E,hibif A ,,, "', P",po" of ..Ilio<) "t, ood "oft,
00 fh' do'" 0'>" ,pool fi,d d","og th' ho"" of 'i" AM. "... ." . 00 ..id do'''.
This location shall not be changed without the prior consent of Marg-ett Shows.
4. Marg-ett Shows will maintain location in a clean condition.
S. Marg-ett ShowS shall obtain any ond all permits that may be lawfully required
by the appropriate governmental authorities with respect to the activities.
6. Marg-ett Shows shall obtain, or has obtained, the }ollowing insurance in
,000"liOO wllh fh' "li,ify. < ..n' D~" 1'", ~. .' 1 D 00 .., L i, .,(, TV
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7. Any party to this agreement may cancel or terminate this agreement by giving
ooli" ",,,eo' " ,he ,,~ioiog po,Ii" .. "og "' ..id ooli" i, g''"o ot 10",'
Y''4 '3>) doy' p,iotlo th' Ii"t d'y 'ho ocli,ity I' ..tto tok' plo'"
8. Marg-ett ShowS shall pay the Center a lump sum in consideration of this
og,,,moot, 10 th' om,"ot 0' _ ' ""ipt 0' whi,h "h,,,by od,"owIO<l,od.
IN WITNESS WHEREOF, the parties hereto have executed this agreement, this
day of ' \ 9
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ORDIlIAlICE 110. 18-e4
All ORDIlIA1ICE OF TilE CITY OF DUBLIlI AMElIDING THE ZONING
ORDIlIAlICE REGARDIllG ARTS AlID CRAFTS FAIRS
The City Council of the City of Dublin does ordain as
follo'fls:
Section 1. Section 8-50.6Q.l of Chapter 2 of Title 8 c:
the Dublln Ordinance Code regarding Administrative
Conditional Uses is hereby ar..ended by adding to the listir.;
of Administ=ative Conciticr.al Uses the following wording:
"T~o se?arate one day arts and crafts fairs per t~e17e
month period per lot, sponsored by a Dublin based bona fice
church, sc~ool, neighborhcod group, or Dublin based non-
profit, non-restrictive c:lic 0= service organization, for
the sale 0: handmade or har.cc=afted ite~s for sale by the
~riginal artist"
section 2. Sect~on 8-61.0 of Chapter 2 of Title 8 of t~e
Dublin Ordinance Code regarding Conditional Uses, All
Districts is hereby amended by adding to the listing of
Conditional Uses the follc~ing wording:
nT~o se~arate arts a~d crafts fairs, for u~ to four Ca'l5
each, per t~~lve month perioc per lot, sponsored by a Dubli;
based bona fide church, sc~ool, neighborhood group, or Dubi~
based non-profit, non-restrictive civic or service
organitation, for the sale 0: han~"ade or handcrafted ite~s
for sale by the original artis~"
Section 3. Applicaticns :or permits to conduct any o~ t~2
Arts and Crafts Fairs defined in Section 2 hereof,' shall r.c~
be consicerec a temoora=v Conditional Use as that term is
defined in Ordinanc~ nu71e= 23.
Section 4. This Ordinance shall beco~e effective 30 da~s
after its final passage ar.d adoption by t~e City Council. .
Before the expiration of f:fteen (15) days after its passa~e,
it shall be published once, with the na~es of the
Council~e~~e=s voting for and against the same, in the T~;-
Valley Herald, a newspaper pcblished in Alameda County a~c
available in the City 0: ~cblin.
PASSED AND ADOPTED BY the City Council of the City 0:
Dublin, en this 13th day c: ~cvemb~r, 1984, by the follo~:n;
votes:
AYES:
Counci~~e~~ers Hegarty, Jeffery, Moffa~~J
Vonheec.e=, a:ld ~layor Snj'cer
...~~-
~CES:
None
ABSE~jT :
None
;/
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:-!ayor
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Attaclloout ~
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