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HomeMy WebLinkAbout05-21-1990 Item 8.1 PA90-028 Marg-Ett Art & Craft Fairs CUP TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 21, 1990 Planning Commission Planning Staff J:r f\^.. Q I \..\ Ralph Kachadourian, Assistant Planner ~ PA 90-028 Marg-Ett Art & Craft Fairs - Marietta Lewis (Applicant) and Dublin Plaza Shopping Center Merchants Associates (Sponsor) Conditional Use Permit PROJECT: APPLICANT AND REPRESENTATIVE: PROPERTY OWNER: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: PROPERTY LOCATION AND ZONING: !y ):~'1 t ) .~ ,J' ",i) (" . ,,- - " ~. Conditional Use Permit for two Art & Craft Fairs at the Dublin Plaza Shopping Center (July 19-22, 1990 and December 6-9, 1990). Marg-Ett Art & Craft Show Attn.: Marietta Lewis 1377 Wylie Way ; San Jose, California Steve Heath Dublin Plaza Shopping Center Merchants Association P. O. Box 2661 Dublin, California 94568 Regional Street Joint Venture P. O. Box 10055 Palo Alto, CA 94303 Re tail/Office Development Zone 6 Central Block West Retail Dublin Plaza Shopping Center C-l; Retail Business District (APN 941-305-16 & 17-2) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- ITEM No.8. \ COPIES TO: Applicant Owner File PA 90-028 PAGE..L OF .lL SURROUNDING LAND USE AND ZONING: The properties to the north, south, east and west are zoned C-l, Retail Business District with Commercial Retail uses ZONING HISTORY: Since November 13, 1984, fourteen separate Arts & Crafts Fairs have been conducted during the summer and winter months with Conditional Use Permit approvals. 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 separate arts and crafts fairs, for up to four days each, per a twelve month period per lot when sponsored by a Dublin based non-profit, non-restrictive civic or service organization, for the sale of handmade or handcrafted items for sale by the original artist. 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. ENVIRONMENTAL REVIEW: Categorical Exemption, Section 15304, Class 4(e), of the CEQA Guidelines, temporary use of land having negligible or no permanent effect on the environment. NOTIFICATION: Public Notice of the May 21, 1990, hearing was published in the local newspaper, 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 19-22, 1990 and December 6-9, 1990. 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 l2-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. The fairs are 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. -2- PAGE~OF~ 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. Additionally, the last three previous years the Applicant requested the Commission to allow exhibitors to sleep over night in their recreational vehicles on site. The Commission permitted overnight use of the RV's subject to approval by the Planning Director. There is no record of any problems occurring from the sleep overs; therefore, Staff has included this same provision in the draft Resolution of Approval. The Applicant's proposal has been reviewed by the applicable public agencies and conditions of approval have been included in the draft 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 (Exhibit B) approving Conditional Use Permit PA 90-028 Marg-ett Art & Craft Fairs. ATTACHMENTS Exhibit A - Site Plan and Written Statement Exhibit B - Resolution approving Conditional Use Permit PA 90-028 Background Attachments: 1. 2. Location Map Dublin Plaza Shopping Center - Merchants Association, Letter and Agreement dated February 6, 1990 City Ordinance 18-84 relating to Arts & Crafts Fairs ~ 3. -3- PAGE ~ OF~ ~ '" ~ " . ~ ~ ,... ~ " ::;, "" ~ "\ ) , -...- , 1377 ti ~ ~ b .....r; (.,\ ~ c;> ~ ~ \ ~ E fi. -I ~~ ~ ,. '3J ,.. ":n ~ ~::I ~ (':) ~ 4 '>r ~ '<:.... ... ~ D ~ .... ~ ~ ~ ~ "'1~ "" . . ~ ~ .,:a... -. ~ ~ ~ w " ~ ~ . ~ ~ ~ . ~ , " ~ \ ~ 'I " 'Q ~ ~ -==t " ~. c;'\ ^- 0- ~ ~ 0- ........ ..... '>. - -0 I"-- b tJ b ~ h )t P &A. bL,"N l.\~ " . ~~ ~ b ,. ,,'" 1:1 )to p" .lrl* 1f.j~ ... t';3;'" c.~T~ pII.i. .1t""It'! '" ~ b PAj'E~.s/)~ ~ ~ : YI1 RJ P .".='T~ filM;L)' FI7:,,' U 1~77/:i MfR.jFFJi ])Ep7. RL b.ItJ7.11 ,..,. /<. r. L.."" ""1 'G'-j c L " tt. '/ C L F~H: S~c. E~ IA"I'1'4i lR&A~~ 11~T. PIO 1t t(, ~~ If P E' ,q PAC;O ,Od-~ EXHIBIT A. RECEIVED APR.2 3 "1990 . fAGE.!:I::- OF ...LL !il \P.IIN I'L.....NNING ~a-ETT ART AND CRAFT SHOWS 1377 WYLIE WAY SAN .JOSE. CA. 915130 r-...)': L.D~~ ;;L >n ~j (!L~--<:'.uv'. (L- /l---lL~><-t1 a..--.J.;zi. Z:/L<-.-I.-.~~i~r-<1;:1 6-.v ~~, ~~L 6rdN,u . ..M~ z4- 4-),.-##;t Gd4, -UL/-___!/.JU/lpC"7....=----. i. ~1L--",2<-".;~--c'. L':......cL&L_--L..t'__<.:.-;-<-L,~ :Z:;7r~- 7. ~~J.1fch / k7"7 I='~<'<v ~Jz:. .:t:.u-,47r{A'~C (}~->-&-.A_. ~--t'..L .~dr~.L- ..--L;I,~~ .. / / I . .' / 'L _/., . / / . /' . d ~...€...!-<l/J-.-.'?7'~/ cz-:._....f_ ~~ C!... /' 7.V---o/ c<_/L-/L-L-L_<.-<:--r--<.-...x--' /U>~-r,.A-'...f~. ~~.L--dl.A......~j tt.o-t...L I!. .~_L L'L.-ri~",~Z',L./~t! .. .1. I . ~.<--.... 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D i-; ') ~.<. \'-~"':~ 1 At ;-, t.., v ..J..' pAr.~ !7. -Qfj~ cclttt..\"\ . ~f EXHIBIT RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - ----- - - - - - - -- - - - - - - - - --- - - - --- --- APPROVING PA 90-028 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 and 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 19-22, 1990 and December 6-9, 1990); and WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended, provides for the operation of arts and crafts fairs for up to two separate events of a maximum of four days each, per a 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 May 21, 1990; 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 typically available elsewhere in the community. -1- EXHIBIT e PAGE i:::- OF JL 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 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. e) The approval of the Conditional Use Permit is consistent with the Dublin General Plan and Downtown Specific Plan. 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 4-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: 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 (Exhibit A). 2. The arts and crafts fairs shall be held on July 19-22, 1990, and December 6-9, 1990, 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~he 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 a minimum of four working days prior to the event. 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 foot signs. All said signs, including A-frame signs, shall be located on site. Signage shall not be located within the public right-of-way. Temporary no-parking/no-stopping signs shall be posted along the curb line. -2- PAGE~OF1L- 6. Any trash or litter resulting from the event shall be removed immediately after the show. 7. No arts or crafts items 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 Fair 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 Planning 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. 11. This Conditional Use Permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of condition of this permit shall be subject to citation. PASSED, APPROVED AND ADOPTED this 21st day of May, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: ~ Planning Director -3- PAGE t:L OF 1L. ti 'h:- I t:t'. i )"1\) .:~t ~~~ i.::': ~i~ .;"- 1:':"'-": f.t: ~r ~j ft:~~ tfQ ':.jt., ~t;:; .... -. : I~~ :)-~ ~~:; ~~ It...~ ~_. t,', }p IT ~~ 11-~ ~ k~;. ~~: ~f.':' f' . ~.~. :'~:l ;:::.:- t..:': !~: ,..... ~~. r.... ~ '. ~~/ ". i'>~ ,.'.. ;~'C {< .- ..... , , , , , , , , , , , , , , , , , , , , , , , ,. ,..~::,' : ., , ., , ~ .~ ~-, f::-: :-:--. f{ <". ,.. .' . 1.'.~ f~~' ~~:.. J,''- 1:-;- 4~.-. !~\ >, . ~'. ' J . .r.....- A PART OF THE ZONING MAP THE CITY OF DUBLIN lit CITY OF DUBLIN ~ SANlINA. -:a = THOMPSON "c. ~' s=- - ~. '~~;i ~ .! i: ; _ _ : l. . 1_....._....... c--.C-- ...,. OU.lro CAurn.N!A SEE SIIEET 1C ATTACHMENT I L.DUf{"ltH ~ PAGES- OF 1L AGREEMENT The parties to this Agreementare j;J..&J~ t20J..J,1L'-<!-L.,~ ~ and Marg-ett Shows. Center is the owner or lessor of the premises known as b-'L.J-t!i...- ,:;;-,.A,.:-~ , (hereinafter referred to as the "Center"). Marg-ett Shows desires to use a portioH of the premises for certain periods of time, for the purposes hereafter specified. The parties agree as follows: /} J, i ~L-c- /:L J.JZ.,.>-,.,-~ I. The type of activity is as follows: (.-LvL- C'-;o.-< ~ r'- 2. The date of the activity is Jl..J~./ ;L(-;J...2. IV}t' ?--,....-rG ~1~_ 6 - ,,? 17ft y / / 3. The Center agrees that Marg-ett Shows may use and occupy that portion of the premises which is designated on Exhibit A for the purpose of selling arts and crafts on the dates above specified during the hours of q,cc..'P'-( to 1..,: c<-> F't-' I on said dates. 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. 5. Marg-ett Shows shall obtain any and 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 following insurcnce in connection with the activity: '"1"jIX'o [Let) .i!~"cj~LL( : , I 1 7. Any party to this agreement may cancel or terminate this agreement by giving notice thereof to the remaining parties so long as said notice is given at least ... ~; ;LLA.-ij C3D ) days prior to the first day the activity is set to take place. B. Marg-ett Shows shall pay the Center a lump sum in consideration of this agreement, in the amount of , receipt of which is hereby acknowledged. c> IN~ITNESS WHEREOF, .-!.che parties hereto have executed this agreement, this -.2; :~ day of ph,e-....-.r.,t; ,19 Z'O ~/y;:6~ - .>Xcf'/~ ~~~ -, ~'11 (-(/1-".f tT;., i'5t~~ Marietta Lewis .../ ~ A-q 0 .. 0 2.-?) RECEIVED ~ c', "l .""3'-' f, D~.. /. '. l'~--\'" ,I r\ I \ '. .....~... v"- ATTACHMENT 2- DUBL\\'~ I'LAl'-lNiNC, PAGE J.Q.. OF ..!..l- ... :!"=--- .' . - .. r' ,-, - , ORDIllAllCE no. l8-e4 l\ll ORDIHAlICE OF THE CITY OF DUBLlll Al-1ElIDING THE ZONING ORDlllNICE REGARDIlIG ARTS NlD CRAFTS FAIRS The City Council of the City of Dublin does ordain as follo',o/s: Section 1. section 8-50.5Q.l of Cha?ter 2 of Title 8 of the Dubl~n Ordinance Code regarding Administrative conditional Uses is herecy ~ended by adding to the listing of Administrative Conditional Uses the following wording: "Two se?arate one day arts and crafts fairs per twelve month period per lot, s?onsored by a Dublin based bona fide church, school, neighborhood grou?, or Dublin based non- profit, non-restrictive c:,ic cr se=vice organization, for the sale of han&~ade or handcrafted ite~s for sale by the original artist" section 2. section 8-61.0 of Cha?ter 2 of Title 8 of the Dublin Ordinance Code regarding Conditional Uses, All Districts is hereby amended by adding to the listing of Conditional Uses the follcwing wording: "T~o se~a=ate arts and cra~ts fairs, for uo to four ~ays each, Fer t~~lve month per ice per lot, sponsored by a Dubli~ based bona fide church, school, neighborhood grou?, or Dubin based non-profit, non-rest=ic~:ve civic or service organitation, for the sale 0: han~~ade or hancc=afted ite~s for sale by the original artist" Secticn 3. Applicaticns :0= per~its to concuct any 0: t~e Arts anc Crafts Fairs cef~nec in Section 2 tereof, shall r.c~ be considered a temoorarv Conditional Use as that ter~ is defined in Ordinanc~ n~~er 23. section 4. This Ordi~ance shall become effective 30 davs after ~ts final passage and adoption by the City Council. - Before t~e expiration of fiftee~ (15) cays 2fte~ its passase, it shall be published once, with the na~es of the Council~e~~e~s voting fc= 2~C against the sa~e, in the T-i- Valley Herald, a news?ape= F~blished in Ala~eda County anc ava~lable in the City of D~blin. PASSED ~~D ADOPTED BY the Citv council of the City of Dublin, cn this 13th day of :;cvemb~r, 198~, by the followir.s votes: .;YES: Cou:-,.c~l:;:.e;.".=e=s Hegarty, .Je::fery, l-~offc~~, Vonheec.e=, 2:1C l-!ayor Snyder };CES: No::.e A3S=:~;T : None ;/ .~I ,~~~<---. ,// I l'~a;'-;-r --- // .,.. ~--- t::/ ATTACHMENT :3 -1-',"[ j'l ,.' r'L I." . I.;. ~ !i.-':;I.o ~....'.....,..... '-.'.. <.J.