HomeMy WebLinkAbout05-06-1991 Item 8.1 91-018 Marg-Ett Art & Craft Fairs CUP
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: May 6, 1991
TO:
Planning Commission
Planning Staff tr ~&I\A
Charlie Haims, Planning Intern C. tt
FROM:
PREPARED BY:
SUBJECT:
PA 91-018 Marg-Ett Art & Craft Fairs -
Marietta Lewis (Applicant) and Dublin Plaza
Shopping Center Merchants Association
(Sponsor) Conditional Use Permit
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit for two Art & Craft
Fairs at the Dublin Plaza Shopping Center
(July 18-21, 1991 and December 5-8, 1991).
APPLICANT:
Marg-Ett Art & Craft Show
ATTN: Marietta Lewis
1377 Wylie Way
San Jose, CA 95130
Dublin Plaza Merchants Association
c/o Steve Heath
H & W Stationers
7233 Regional Street
Dublin, CA 94568
PROPERTY OWNER:
Regional Street Joint Venture
P. O. Box 10055
Palo Alto, CA 94303
Kallman Irwin & Jeffrey Sandelman
P. O. Box 20
Boise, Idaho 83726
Sanwa Bank of California
c/o Property Accounting #4245
9275 S. W. Peyton Lane
Wilsonville, Oregon 97070
LOCATION:
7117-7333 Regional Street
ASSESSOR PARCEL:
941-305-16,17-2,17-1,14-2, & 21
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ITEM NO. II
COPIES TO: Applicant
Owner
Address File
fAGEL OF ~
PARCEL SIZE:
13.8+ acres
GENERAL PLAN
DESIGNATION:
Retail/Office
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
Development Zone 6 Central Block West Retail
EXISTING ZONING
AND LAND USE:
C-1; Retail Business District
SURROUNDING LAND
USE AND ZONING:
The properties to the north, south, east and
west are zoned C-1, Retail Business District
with Commercial Retail uses.
ZONING HISTORY:
Since November 13, 1984, sixteen separate Art & Craft 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 art and craft 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 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: The project has been found to be
categorically Exempt from CEQA under Section 15304, Class 4(e) of
the California Environmental Quality Act guidelines. This is a
minor temporary use of land having negligible effects on the
environment.
NOTIFICATION: Public Notice of the May 6, 1991, hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
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PAGE ;., OF.l..!-
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 18-21, 1991 and December 5-8,
1991.
The Applicant's request complies with the City's adopted
Ordinance relating to Art 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. The fairs
are not anticipated to create any special problems for the
existing commercial tenants at the shopping center. The City has
no record of any zoning violations associated with the 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.
Additionally, the last four previous years the Applicant
requested the Commission to allow exhibitors to sleep overnight
in their recreational vehicles on site. The Commission has
permitted overnight use of the RV's with the number and location
subject to review and approval by the Planning Director. The
Applicant anticipates approximately four overnight RV's this
year. 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.
RECOMMENDATIONS:
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 91-018 Marg-ett Art & Craft Fairs.
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PAGE ~ OF ..!.J..
ATTACHMENTS:
Exhibit A:
Site Plan
Exhibit B:
Resolution approving Conditional Use Permit
PA 91-018
Backqround Attachments:
1. Location Map/Zoning Map
2. Dublin Plaza Shopping Center - Merchants Association, Letter
and Agreement dated March 18, 1991.
3. Applicant's Written Statement
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EXHIBrf A
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PAGE 2-._ OF .. /.~_
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 91-018 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 18-21, 1991 and December 5-8, 1991); and
WHEREAS, the Planning Commission did hold a public hearing on
said application on May 6, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Section 15304, Class 4(e); 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, 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; and
WHEREAS, the Staff Report was submitted recommending that the
application be approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The use of the pedestrian store front areas of this portion
of the Dublin Plaza Shopping Center for two short-term art
and craft 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.
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
the proposed use will be compatible to the type and nature
of operations typically found in the neighborhood.
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C. The use, under all circumstances and conditions of this
particular case, 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.
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 12-month
period.
BE IT FURTHER RESOLVED THAT THE Dublin 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:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of buildinq permits or establishment of
use, and shall be subject to Planninq Department review and approval.
The followinq codes represent those departments/aqencies responsible
for monitorinq compliance of the conditions of approval. [PLl
Planninq, [Bl Buildinq, [POl police, [PWl Public Works, [ADM]
Administration, [FINl Finance, [Fl Douqherty Reqional Fire Authority,
[DSRl Dublin San Ramon Services District, [COl Alameda County
Department of Environmental Health.
1. PA 91-018 is approved for two Art & Craft Fairs for four
days each to be held at the Dublin Plaza Shopping Center
(7117-7333 Regional Street). [PL]
2. Layout and operation of the two art and craft fairs shall be
as generally depicted on the partial shopping center site
plan submitted with the application (Exhibit A). [PL]
3. The art and craft fairs shall be held on July 18-21, 1991,
and December 5-8, 1991, between the hours of 9:00 a.m. and
6:00 p.m. [PL, PO]
4. The items sold at the fair 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 a minimum of four working
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PAGE L OF .J..L
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. [PL, PO]
5. The display areas shall not obstruct pedestrian movement on
the sidewalk, block fire protection appliances or fire lanes
and shall be kept clear of all store entrances. [PL, PO]
6. Signage shall be restricted to a maximum of two 24 square
foot signs. Signage shall not be located within the public
right-of-way. Temporary no-parking/no-stopping signs shall
be posted along the curb line. [PL]
7. Any trash or litter resulting from the event shall be
removed by the Applicant immediately after the fair. [PL]
8. No art or craft items shall be left on the premises
overnight. [PL, PO]
9. The Applicant shall submit a Certificate of Insurance naming
the City of Dublin as additional insured in the amount of
one million dollars, to the Dublin Planning Department prior
to conducting the fairs. [PL]
10. 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 minimum of two weeks
prior to the Art & Craft Fair. [PL]
11. All activities shall be controlled so as not to create a
nuisance to the existing retail businesses within the Dublin
Plaza Center. [PL]
12. 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. [PL]
PASSED, APPROVED AND ADOPTED this 6th day of May, 1991.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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AGREEMENT
T~e parties to this Agreement are f) ~.:.~?'- 'Jr..e-M.-/-L';-:1.-, and Marg-ett Shows.
Center IS the owner or lessor of the prem Ises known s ,.(J-L< --1--L'--r--',g{~- ,
(hereinafter referred to as the "Center"). Marg-ett Shows desires to use a porti of the
premises for certain periods of time, for the purposes hereafter specified.
The parties agree as follows:
I. The type of activity is as follows: C"t,-/ C'L-o-/L/ ~.-.J'
2. The date of the activity is ~t.1 /f'-~ / / ~f / t:-I-/~t. .-.0<-<- .:5-- f /'/7/
I' I /
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 oftJ,'t:'D{!-J-f to 1/2.-.> P;,t 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.. Ma.rg-ett Sh~w.s shall obtain, or has 9~t9iped, the following insurance in
connection with the a~tlvlty:$P/ O<JD~ 0)0(.) ~~( : C~ (i,:-v-.Y';'-' .
([{;li; "if ,a.d-i..~. {!~, / '(
7. Any party td tl1s agreement may cancel or terminate this agreement by giving
rw/~ice thereof to the remaining parties so long as said notice is given at least
~;..t/t'b4o- <3,,') days prior to the first day the activity is set to take place.
t /
8. 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.
IN WITNESS WI-lEREOF, the parties hereto have executed this agreement, this
. T,L I~-
/ 6' ~ day of / n :.>~L , 19 7' /
J{4#t( I
.,-A' enter" -
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Marietta Lewis / -
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RECEIVED
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ATIACHMENT J{IJBJ~-Rj~~ING
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ATTACHMENT 3
PAGE -L!.... OF..lL
RECE'VED
MAR 2 E 1991
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