HomeMy WebLinkAbout06-20-1994 Item 8.1 94-019 Marg-ett Arts & Crafts Fair CUP
/
TO:
FROM:
PREPARED BY:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: June 20, 199'1
Planning commission
Planning staff
fr
~
Ralph Kachadourian, Assistan1: Planne~
PA 94-019 Marg-ett Arts and Crafts Fair CUP
PROJECT:
APPLICANT:
PROPERTY OWNERS:
LOCATION:
Conditional Use Permit requeBt to allow the
operation of two arts and crafts fairs at the
Dublin Plaza Shopping Center on July 14-17, 1994
and December 1-4, 1994.
Marietta Lewis
Marg-ett Arts and Crafts Shmls
1377 Wylie Way
San Jose, CA 95130
Eric Wenberg
Dublin Plaza Merchants Assoc:Lation
Albertson's Food Center #733
7333 Regional Street
Dublin, CA 94568
Sanwa Bank of California
c/o Property Accounting #424!i
9275 S.W. Peyton Lane
Wilsonville, OR 97070
Regional Street Joint Venturl~
The Cortana Group
800 El Camino Real #175
Menlo Park, CA 94025
Jeffrey Sandelman
Albertsons Inc. 733
P.O. Box 20
Boise, ID 83726
Johnson Chamberlain
WMMIG
14 Commercial Boulevard #125
Novato, CA 94949
7117-7~43 Regional Street
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COPIES TO:
Applicant
Property OwnerOwner
Address File .0
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ITEM NO. A'
ASSESSOR PARCELS:
941-305-14-2, 16, 17-1, 17-2, 21
PARCEL SIZE:
17.39:t acres
GENERAL PLAN
DESIGNATION:
Retail/Office
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
Zone 6: Central Block West Hetail
EXISTING ZONING
AND LAND USE:
Center
C-1, Retail Business Distric1:i Retail Shopping
SURROUNDING LAND
USE AND ZONING:
The properties to the north, south, east and west
are zoned C-1, (Retail BusinElss) District with
retail commercial uses.
ZONING HISTORY:
Since November 13, 1984, twenty separate ar1:s and crafts fairs
have been conducted on this site during the summer and winter months
with Conditional Use Permit approvals. The Dubl:_n Planning Commission
previously approved PA 93-024 Conditional Use Pel:mit for the Marg-ett
Arts and Crafts Fair on May 25, 1993.
APPLICABLE REGULATIONS:
Section 8-61.0 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 1:welve 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 needi
2) whether or not the use will be properly relatE~d to other land uses,
transportation and service facilities in the vic:_nitYi 3) whether or
not the use will materially affect the health or safety of persons
residing or working in the vicinitYi and 4) whether or not the use
will be contrary to the specific intent clauses or performance
standards established for the district in which :_t is located.
ENVIRONMENTAL REVIEW: The project has been found to be Categorically
Exempt from the California Environmental Quality Act (CEQA) under
Section 15304, Class 4(e) of the State CEQA Guidelines. This project
involves the minor temporary use of land having negligible or no
permanent effects on the environment.
NOTIFICATION: Public Notice of the June
published in the local newspaper, mailed
and posted in public buildtqgs.
20, 199'~ hearing was
to adjacent property owners,
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ANALYSIS:
The Applicant is requesting Conditional Use Permit approval to
operate two separate arts and crafts fairs at the Dublin Plaza
Shopping Center to be held on July 14-17, 1994 a:1d December 1-4, 1994.
Approximately 20 to 25 arts and crafts boot:1S with individual
artists/craft persons exhibiting their work will be set up along the
pedestrian walkway area stretching from the Albe::-tson' s market to the
Mervyn's Department Store. The proposed hours 0: operation for the
fair will be from 9:00 a.m. to 6:00 p.m.
This Conditional Use Permit request has been coordinated with and
sponsored by the Dublin Plaza Shopping Center Merchants Association.
The fairs have not created any special problems ::or the existing
commercial retail tenants at the shopping center The City has no
record of any zoning violations associated with 1:he previous fairs
operated by the Applicant.
Previous approvals have allowed the exhibitors to sleep overnight
in their recreational vehicles (RVs) in the shopping center parking
lot. The Commission has permitted overnight use of the RVs with the
number and location subj ect to review and approvcll by the Planning
Director. Since there is no record of any problE!ms occurring from the
RVs staying overnight, Staff has included the same provision in the
Draft Resolution, Exhibit 3.
The project has been reviewed by other City departments and their
comments are included as conditions of approval in the Draft
Resolution, Exhibit B. DUE~ to potential theft pl:oblems at these types
of events, the Police Department suggests that SEcurity services be
provided at all times.
Staff recommends approval of the Applicant's Conditional Use
Permit request to allow two separate 4-day arts and crafts fairs at
the Dublin Plaza Shopping Center during the months of July and
December 1994.
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 the rE:solution approving the Conditional Use
Permit, or give Staff and Applicant direction and
continue the matter.
ACTION:
Staff recommends that the Planning Commission adopt the
Draft Resolution, Exhibit B, approving ':onditional Use
Permi t PA 94-019 Marg-ett Arts and Craf":s Fair.
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ATTACHMENTS:
Exhibit A:
site Plan
Exhibit B:
Draft Resolution approving PA 94-1}19 Conditional Use
Permit
Backqround Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Dublin Plaza Merchants Association Agreement dated
February 16, 1994.
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EXHIB!!A, 10
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RESOLUTION NO. 94 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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APPROVING PA 94-019 MARG-ETT ARTS AND CRAFTS F~IR CONDITIONAL USE
PERMIT REQUEST TO ALLOW TWO SEPARATE, FOUR DAY llRTS AND CRAFTS FAIRS
WITHIN THE DUBLIN PLAZA SHOPPING CENTER LOCATED ~T 7117-7333 REGIONAL
STREET
WHEREAS, Marietta Lewis and the Dublin Plaza Shopping Center
Merchants Association request approval of a Cond:.tional Use Permit to
allow two separate, four-day arts and crafts fairs at the Dublin Plaza
Shopping Center (7117-7333 Regional street) on July 14-17, 1994 and
December 1-4, 1994j and
WHEREAS, the Planning Commission held a pub:.ic hearing on said
application on June 20, 1994j and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed :_n accordance with the
provisions of the California Environmental Quali1:y Act (CEQA) and was
found to be categorically Exempt under section 1!i304, Class 4(e) of
the State CEQA Guidelinesj and
WHEREAS, the adopted city of Dublin Zoning ordinance, as amended,
provides for the operation of arts and crafts fa:xs for up to two
separate events of a maximum of four days each during a twelve month
period through the Conditional Use Permit prOCeSBj and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approvedj 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 Dub:_in Planning
Commission does hereby find that:
A. The two Marg-ett Arts and Crafts Fair eventB will serve 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 commun:_ty.
B. The proposed uses will be properly related 1:0 other land uses and
transportation and service facilities in the vicinity, as the
proposed uses will be compatible when compared to the type and
nature of operations typically found in the neighborhood.
C. The proposed uses, under all circumstances and conditions of this
particular case, will not materially adversE~ly 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. V'"~'7 ~1 nr: / L~
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EXHIBIT
B
D. The proposed uses 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 .rill be consistent
with the Dublin General Plan and the Downtovrn Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 94-019 Conditiomll Use Permit
application as generally depicted on the plans labeled Exhibit A,
stamped approved and on file with the Dublin Planning Department and
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 sub;ect to Planninq Department review and approval.
The followinq codes represent those departments/aqencies responsible
.for moni torinq compliance of the conditions of aflproval. rPL 1
Planninq, rBl Buildinq, rpOl Police. rpWl Public Works, rADMl
Administration/city Attorney, rFINl Finance. rFl Douqherty Reqional
Fire Authority. rDSRl Dublin San Ramon Services District. rCOl Alameda
Countv Department of Environmental Health.
1. This Conditional Use Permit approval is to allow two separate
arts and crafts fairs for four days each (July 14-17, 1994 and
December 1-4, 1994) in the Dublin Plaza Shopping Center located
at 7117-7333 Regional Street. This approva:_ shall generally
conform to the site plan labeled Exhibit A elated received by the
Planning Department May 5, 1994. [PL)
2. The items sold at the fairs shall be restricted to handmade or
handcrafted items produced by the original artist. The density
of the display setups shall be graphically portrayed on an
exhibit prepared by the Applicant and submi1:ted 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 not be set up in such a manner that
pedestrian traffic is shifted into the adjo:_ning driveway/fire-
lane aisles. [PL, PO, F)
3. The display areas shall not obstruct pedestrian movement on the
sidewalk, block fire protection appliances or fire lanes and
display areas shall be kept clear of all stc)re entrances. [PL,
PO)
4. signage is restricted to a maximum of two 24 square foot signs.
signage shall not be located within the pub:.ic right-of-way.
Temporary no-parkingjno-stopping signs shaL_ be posted along the
curb line. [PL]
5. Any trash or litter resulting from the even1: shall be removed by
the Applicant immedia~ely after the fair. :PL]
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6. No art or craft items shall be left unsecurf~d on the premises
overnight. [PL, PO]
7. The Applicant shall submit a certificate of Insurance naming the
city of Dublin as certificate Holder and 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 arts and crafts
fair exhibitors shall be provided on the prl~mises 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 conducting the arts and
crafts fairs. [PL]
9. All activities shall be controlled so as no": to create a nuisance
to the existing retail businesses with the Dublin Plaza Shopping
Center. [PL]
10. Security services are suggested for each fair event in order to
prevent theft problems. [PO]
11. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinan<::e. Any violation of
the terms or conditions of this permit shalL be subject to
citation. [PL]
PASSED, APPROVED AND ADOP'I'ED this 20th day of JU:1e, 1994.
AYES:
NOES:
ABSENT:
Planning co:nmission Chairperson
ATTEST:
Planning Director
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CITY' 'OF
DUBLIN
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* THOMPSON INC"
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AGREEMENT
The part ies to this Agreement are Yn~+,i.. &Q.W~"<md Marg-ett Shows.
Center is the owner or lessor of the premises known s _~' ~ <P~ &- ,
(hereinafter referred to as the "Center"). Marg-ett Shows desirE'S to use 0 porti~ of the
premises for certain periods of time, for the purposes hereafter s:>ecified.
The parties agree as follows:
I. The type of activity is as follows: ...., ad t {l,,~" ~
2. The dote of the activity is/J.~ N~ /~ rrPj~ 1- L9.u...- /- '7/ /'ly/-
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 crofts
on the dotes above specified dur:ng the hours of 9:lJo Ill-'/. to L~:t;C FYI on said dates.
Thjs location sholl not be changed without the prior consent of Mmg-ett Shows.
4. Marg-ett Shows will maintain location in 0 clean I:ondiiion.
5. Marg-ett Shows shall obtain any and al/ permits "that nay be lawfully required
by ~he appropriate governmental <Juthorities wit~ respect to the cctivities.
6. Marg-ett Shows shal/ obtain, or has obtained" the followinQ....j(lsurqnf~ in
connection with the activity: <{/.O,~: pvo re~~Jt : ~'v ~~/j:P..t..j.t.,~
7. Any party t ; this agreement may cancel or terminate this agreement by giving
notice thereof to tl. :emaining parties so long as said notice is given at least
-.f L;.J;;. (.,;'0) d\:. ,xior to the first day the activity's set to take place.
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8. Marg-ett Shows shal/ pay the Center a lump sum in consideration of this
agreement, In the amount of , receipt of which i~; hereby acknowledged.
IN1:1TNESS WI-lEREOF the parties hereto haye executed this agreement, this
16" - day of ~a,r..?':df7::~f , 19 77'"-
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Marietta L.ewis ...-/ -~-
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1~%LlN P\.ANNING
ATTACHMENT Z-
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.PUBLl:C HEARING
SUBJECT: PA 94-019 Marq-ett Arts and Crafts Fair Conditional Use
Permit approval request to allow the operation of two
separate arts and crafts fairs at the Dublin Plaza Shoppinq
Center. located at 7117-7333 Reqional Street. on Julv 14-17.
1994 and December 1-4. 1994.
Cm. North opened the public hearing and asked for the staff report.
Mr. Ralph Kachadourian, Assistant Planner, preslmted the staff report,
indicating that Staff recommended approval of the Conditional Use
Permit request.
Cm. North asked what Dublin-based, non-profit o:~ganization was
sponsoring the arts and craft fair.
Mr. Kachadourian indicated that the Dublin Plaza Merchants Association
sponsored the event.
Marietta Lewis, the Applicant, advised that she had organized
successful arts and crafts shows in Dublin for :~everal years and would
appreciate the opportunity to continue.
Cm. Burnham asked the Applicant if she would orqanize more shows per
year, if allowed.
Ms. Lewis indicated that she was currently limi"::ed to two shows per
yearj however, she would appreciate the opportu:1ity to organize more
shows, if allowed.
Mr. Tong advised that the existing ordinance limited arts and crafts
fairs to two per year through a Conditional Use Permit.
Cm. North closed the public hearing.
Cm. Burnham asked Staff if Marg-ett' s could hav.:! an extra arts and
craft fair during Dublin's annual st. Patrick's Day celebration.
Mr. Tong advised that the st. Patrick's Day cel,:!bration was co-
sponsored by the city and was not covered by th,:! Zoning Ordinance.
The Applicant could work with Staff to organize an event on st.
Patrick's Day.
On motion from Cm. Rafanelli, seconded by Cm. Zika, and with a vote of
4-0, the Planning commission adopted
RESOLUTION NO. 94-016
APPROVING PA 94-019 MARG-ETT ARTS AND CRAF'l'S FAIR CONDITIONAL
USE PERMIT REQUEST TO ALLOW TWO SEPARATE, FOUR-DAY ARTS AND
CRAFTS FAIRS WITHIN THE DUBLIN PLAZA S::lOPPING CENTER
LOCATED AT 7177-7333 REGIONAL ,3TREET
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Regular Meeting
[6-20min]
PCM-1994-55
June 20, 1994