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HomeMy WebLinkAbout06-01-1992 Item 8.2 92-024 Marg-Ett Art & Craft Fairs CUP TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: June 1, 1992 Planning Commission Planning Staff ~ '0/ David Choy, Associate '~ Planner pJJ PA 92-024 Marg-Ett Art & Craft Fairs - Marietta Lewis (Applicant) and Dublin Plaza Shopping Center Merchants Association (Sponsor) Conditional Use Permit PROJECT: APPLICANT: PROPERTY OWNER: Conditional Use Permit for two Art & Craft Fairs at the Dublin Plaza Shopping Center, 7155-7333 Regional Street, (July 16-19, 1992 and December 3-6, 1992). Marg-Ett Art & Craft Show ATTN: Marietta Lewis 1377 Wylie Way San Jose, CA 95130 Dublin Plaza Merchants Association c/o Eric Weneberg Albertson's Food Center #733 7333 Regional Street Dublin, CA 94568 Sanwa Bank of California c/o Property Accounting #4245 9275 S. W. Peyton Lane Wilsonville, Oregon 97070 Regional Street Joint Venture The Cortana Group 800 El Camino Real #175 Menlo Park, CA 94025 Jeffrey Sandelman P. O. Box 20 Boise, Idaho 83726 Johnson Chamberlain 14 Commercial Boulevard #125 Novato, CA 94949 . ----------------------------------------------------------------- ITEM NO. ~ COPIES TO: Applicant Owner Address File PAGE -L OF ~ LOCATION: 7155-7333 Regional street ASSESSOR PARCEL: 941-305-16, 17-1, 14-2, & 21 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, eighteen 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. -2- ~~~l~ NOTIFICATION: Public Notice of the June 1, 1992, 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 16-19, 1992 and December 3-6, 1992. 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 five 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. -3- ~~~,~ ACTION: Staff recommends the Planning Commission adopt the attached Resolution (Exhibit B) approving Conditional Use Permit PA 92-024 Marg-ett Art & Craft Fairs. ATTACHMENTS: Exhibit A: Exhibit B: Site Plan Draft Resolution approving Conditional Use Permit Backqround Attachments: 1. Location Map/Zoning Map 2. Applicant's Written Statement 3. Dublin Plaza Merchants Association Agreement dated April 14, 1992 4. Dublin Plaza Merchants Association Sponsorship Letter dated April 20, 1992. -4- PAGE~OF \), ~ b ,~ ~~c;> ~ ~ \ ~ ~ E fll I'tt ~ ~~ "'- , ~ ,. ~ .... , ~"!) ~ '>' ~::I :.0 - ~ r- ~~-\~ ~ '<:... " . LJ ~ ""'- D~ t- .... ~ (j') . 13 "\ "1'1 ~ ::;, -"t'-.... tJ tr) ~ 'i " b ~ ~ . :-...\ ~ ~ "" CJ ~ .. ~ I ~ ~ . ~ ~ ~ ,. '0 , ~ ~ , t) ~ " 'C\ ! RECEIVED 'l ""1\\ 71-""1 :l;:"3?' R.e~QY\o.Q, '3-\. . . DUBLIN PLANN~G ~A- q~-O~'--{ ( ( .. JiH R dort V~LLEYr13 L vd. 1377 t:J ~ RL ~.ItJ7.# "" I<. To l.\~ " . :.~ l>> b " ....'" ~~ L"'~" ""1 ,r",. CL.,., Y c L FJ~ S ~c. € ~ ~ NL'.1-lli . 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EXHIBIT A PAGE -~ OF ll- RESOLUTION NO. 92- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 92-024 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 16-19, 1992 and December 3-6, 1992); and WHEREAS, the Planning Commission did hold a public hearing on said application on June 1, 1992; 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 conditionally 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. EXHIBIT B PAGE ~ OF J2:' 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 subiect 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, [ADMl Administration/City Attorney, rFINl Finance, rFl Douqherty Reqional Fire Authority, rDSRl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. 1. PA 92-024 is approved for two Art & Craft Fairs for four days each (July 16-19, 1992 and December 3-6, 1992, between the hours of 9:00 a.m. and 6:00 p.m.) to be held at the Dublin Plaza Shopping Center (7155-7333 Regional Street) as generally depicted on the partial shopping center site plan dated received April 14, 1992 (Exhibit A) stamped approved. [PL, PO] 2. 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 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] - 2 - ~~~\~ 3. 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] 4. The use of "A-Frame" signs is prohibited, per Section 8-87.40(D) of the Dublin Sign Ordinance. Signage is 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] 5. Any trash or litter resulting from the event shall be removed by the Applicant immediately after the fair. [PL] 6. No art or craft items shall be left on the premises overnight. [PL, PO] 7. 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] 8. 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] 9. All activities shall be controlled so as not to create a nuisance to the existing retail businesses within the Dublin Plaza Center. [PL] 10. 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 1st day of June, 1992. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 3 - PAGE.a. OF ~ ......::......:."" ..'''." : to ~"---;,,' / ......:. .-......' ~ t..~ ~ ,I,' / - '~:.;, ,/.: ........:........ \ - ....<.: ~ ~: \ ": " .. \ I , '" . '. ~ I, '\ . \\1,\\ ,~J . ~ '\ go" , " . \ ~ \ -.... . \, . \ . --, " I ; REC'EIV.~\..\. '\ ~ . - -' - -.v\--. ..... \. ...\.. .~:~l6~ ~ ',,\,~, \,-'--==--' --=-=-2. \__ ~~ -.- ~;6 . .. ~nn') .-.-.-. :>- ..... -~:.t"'\ '0' ~. --' - -- - ?L-- _.._...APR.14,.J'v'-....:........-...l....--......7/.~<.':>\. -;-/-'.,"'- ..:__.-:....Q.....:..:..:....... ~-.:.'-=--. ..,<-':...- \ ':"~::;3...' E(-<'tl)! c..~ ,,?\lA .. .......:... .' . - '. .". .-.'. t..; ;' ". ~=,=..='-,1 :""':.=: ~_. -;)-.--. . n (1 :.' BUN' plANt<lING\ \\'':'' \'\.z-::::~~.:..,..,,":\ \. ---:-;;....,.~... =- -l..~::.~~_.~.=---::-~~..../C(.- ~. .'. ~'-4'~~~~.s',-\\ :.\-:.=~.-:~.--.-:...:.:::-~:.~. .~::::;:;?~\'\):.~.--~""'" ~y~'- ._.,-.:.= _ ~':~~.. ~~:. ~-=-.~'. ---=-N~A=~'H"'-' ./~_~_-=-u_ -.';:' - ~~-t~:tl~tl:l::~~ ....~~~~~~:~:;~-_~=@~~1k'TON;~~ -0 _;i~~~E~:'~:-: ~ ~. - ~. .__ _.;___._~.~ I_~c-"""'c.-.....'-~"&__'-,~ =___":.:.o"_DUBLIN.. ,On. "'" --.-: . ()l:JlIll"f . . C4urOI'!"'IA .--.--- . --.. -- . . ...._. .- ., - , ; : , I , I I , =. ~. I , , I , I , , , . I . , I I . , , I , I , I I I , ., . : I I :~ / ~ I~ .., ,',' ! I. I I I I ' " : " , .'< ~~:--:~~J ~:7CCI >f173" 1/~;> -13'33 /(s,ltJNAl.. ~ ... - _0 AnACIMHT 1 PAGE~OF' \J- MARG - ETT ART AND CRAFi SHOWS 1377 WYLIE WAY SAN JOSE. CA. 9~130 . . I J, L~~7'- j /Y/~1 ~'. ~~~~p~~7~!~ M ~. ~ ~ p,..-A.<- ~ 0-O-v~r ~.~j &<":['+1 ~~ ~ i~~h~~P.- ~~ ~~~~~~~-L~~~7 V-~-t~I~~~..Lo~~ ~ /C-4~~. J~ ~ ~ ~ ?L-- ~ .&... d- ~ ~ ~ ~ -I~f~~~~~-4 ddL- ~ ~ ~ ~ ~ .:Ut-L- ~.~ ~ ~. ...QX cJ.--",~ d- edtu-~~~~~ ~7 ~ ~r-L~-L. ~.k<- ~ .-a.weL-"'~'z,~,...(,.,~ ~~ t~.v ~ ~ ~ --LU,.,.,,<L- Lf-.2.~b. --- ~~~ i4u..dL"""- ~"';"d-A.~r-</' /fIt t..:z:4 ~ ~~ --.~. ~ ~ fl ~ ~ ;;.o.-.1oc:J.s ~ ~-L- _~~ ~_ ~~~ 9,',,0 /7/'1. ~ t..'"opl-f,. r~ 'f'..kr t.L"'-?-~ /1L~i.-- ~~ RECEtVED' APR 141992 -, \ tl-I ~~~ ~eDj\CSY\o.L ~+. DUBlrN PlANNING ~ q). -o~L( ATrACHMENT Z. PAGE \ l) OF ,).... ~ , , AGREEMENT The part ies to this Agreement aref)d~.;J'- ~.P;'7 L'k";z;'" , and Marg-ett Shows. Center is the owner or lessor of the premises knoWn 'as /) /~~_: Q~M.-- , (hereinafter referred to as the "Center"). Marg-ett Shows desires to use a portion 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: w.:t q c~.-fi-6-.lJ 2. The date of the activity is luit-Ilt--Jq /ftJ2- [JeW -6 / rr;V / I 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 of 1:'Dol111 to IJ:COPI-/ 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. 1 \ 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 /)>Is pbt,ained, the following insurance in connection with t!:le ,9ctivi.fY:, <f / CDcc.~CD r?'"hc.-f.J..-f;iL/;., : {LA:w ~~~7 ' CJij o{ ~'~t<-tl':'- G-c-., / 7. Any party/to Jhis agreement may cancel or terminate this agreement by giving notice thereof to the remaining parties so long as said notice is given at least JL~j::~i~JfO (3D ) days prior to the first day the activity is set to take place. t I 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 WIT~ WHEREOF, the ~r:!ie~ hereto have executed this agreement, this /.) _ day of ~/eq/:7?-'7, 19 97____ ~/~ ;renter" ( - . -----j/i ' /; /f.rf- ,/) . It (1/, ~ llUv /::::..p ~i -1 <t-c _ Marietta Lewis _/' . RECEIVED' APR 14 1992 I\Cl-I-333 Req(~ S'+, DUBLIN PLANNlNG ~ y'":). - o~y ,- , ATTACHMENT 3 PAGE J! OF \)... Maro--Ett o Art and Craft Shows 1377 Wylie Way San Jose, CA 95130 (408) 248-0769 April 20, 1992 City of Dublin 100 Civic Plaza P.O. Box 2340 Dublin, CA 94568 To whom it may concern: The merchant shopping center in Dublin Plaza- is sponsoring the Marg-Ett art and craft show. The center houses major stores such as Albertsons Super Market, Aaron Bros., Payless Drug, Mervyn's Department Store. The Marg-Ett Art and Craft Show will take place at the Dublin Plaza Shopping Center located on Regional Street in Dublin, California. The show will run from July 16-19, 1992 and on December 3-'. 1992. Sincerely, i 1. i .. ,:". .. ....._,.~.- ." . . CI...d~t.Ji",' ..1:..,1 (.,.~...-,.~~ ,-. .... ~ ~ _ow ,\of; i :.!': TF.. 73; _, 7~1i r"~::'_;":)L sTini -- :.': ,y ,'0::. 4r."~!;~'. ::.'~:r.:.;. R E C'E I V E D' APR 27 19q? ..-L Iln-l~33 Re<j;~~' DUBLIN PLANNING {l\- C\"Z -01-- i ATTACHMENT .-cr PAGE \ 2,... OF ))...