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Home My WebLink About05-25-1993 Item 8.1 93-024 Marg-ett Arts & Crafts Fair CUP TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REFORT Meeting Date: May 25, 1993 Planning Commission Planning Staff ~~ Carol R. cirelli, Associate Planner PA 93-024 Marg-ett Arts and Crafts Fair CUP PROJECT: APPLICANT: PROPERTY OWNERS: ITEM NO. ~.l Conditional Use Permit request to allow the operation of two arts and crafts fairs at the Dublin Plaza Shopping Center (July 15-18, 1993 and December 2-5, 1993). Marietta Lewis Marg-ett Arts and Crafts Shows 1377 Wylie Way San Jose, CA 95130 Eric Wenberg Dublin Plaza Merchants Association 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 Albertsons Inc. 733 P.O. Box 20 Boise, Idaho 83726 Johnson Chamberlain WMMIG 14 Commercial Boulevard ~125 Novato, CA 94949 COPBS TO: Applicant Owner Address File PAGElor~ LOCATION: 7155-7333 Regional street ASSESSOR PARCELS: 941-305-14-2, 16, 17-1, 21 PARCEL SIZE: l3.8::!: acres GENERAL PLAN DESIGNATION: Retail/Office DOWNTOWN SPECIFIC PLAN DESIGNATION: Zone 6: Central Block West Retail EXISTING ZONING AND LAND USE: C-l, Retail Business District; Retail Shopping Center SURROUNDING LAND USE AND ZONING: The properties to the ncrth, south, east and west are zoned C-l, Retail Business District with retail commercial uses. ZONING HISTORY: Since November 13, 1984, nineteen separate arts and crafts fairs have been conducted during the summer and winter months with Conditional Use Permit approvals. The Dublin Planning Commission approved the previous Conditional Use Permit for the Marg-ett Arts and Crafts Fair on June 1, 1992 (PA 92-024) . 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 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 the California Environmental Quality Act (CEQA) under Section 15304, Class 4(e) of the State CEQA -2- PAGE 2::- or ~ Guidelines. This project involves the minor temporary use of land having negligible effects on the environment. NOTIFICATION: Public Notice of the May 25, 1993 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use Permit approval to operate two separate arts and crafts fairs at the Dublin Plaza Shopping Center (July 15-18, 1993 and December 2-5, 1993). The Applicant's request complies with the City's Arts and Crafts Fair Ordinance in that the request is for two 4-day fairs within a 12 month period as regulated by the Ordinance. Approximately 20 to 25 arts and crafts booths with individual artists/craft persons exhibiting their work will be set up along the pedestrian walkway area stretching from the Albertson's market to the Mervyn's Department Store. The proposed hours of 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 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. Previous approvals have allowed the exhibitors to sleep overnight in their recreational vehicles (RVs) at the shopping center parking lot. The Commission has permitted overnight use of the RVs with the number and location subject to review and approval by the Planning Director. The Applicant a~ticipates approximately two to four overnight RVs this year. Since there is no record of any problems occurring from the RVs staying overnight, Staff has included the same provision in the Draft Resolution Exhibit B. 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 problems 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 1993. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. -3- PAGE..2- or ~ 2) Take testimony from Applicant and the public. 3) Question staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt the resolution 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 Conditional Use Permit PA 93-024 Marg-ett Arts and Crafts Fair. ATTACHMENTS: Exhibit A: site Plan Exhibit B: Draft Resolution approving PA 93-024 Conditional Use Permit Backqround Attachments: Attachment 1: Location/Zoning Map Attachment 2: Dublin Plaza Merchants Association Agreement dated March 12,1993. -4- PAGElor~ V fJ i 1 E.Y -~L3 L v d. '- ( !:J77f:i .-,' "/ CL,~ Y C L F,I~ s~c. €~ ..."';!/.l-ili. ~m LRlA~~! 11~T. p..lr/. K.Il9i-\ t \ t'iJ/o( CE....1~ ~. p;,.r.fnfAy ~ ~ ~I'. 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EXHIBIT KO~~ RESOLUTION NO. 93- A RESOLUTION OF THE PLANNING Crn~ISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 93-024 MARG-ETT ARTS AND CRAFTS FAIR CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO SEPARATE, FOUR DAY ARTS AND CRAFTS FAIRS LOCATED AT 7155-7333 REGIONAL STREET (DUBLIN :?LAZA SHOPPING CENTER) WHEREAS, Marietta Lewis and the Dublin Plaza Shopping Center Merchants Association request approval of a Conditional Use Permit to allow two separate, four day arts and crafts fairs at the Dublin Plaza Shopping Center (7155-7333 Regional Street) on July 15-18, 1993 and December 2-5, 1993; and WHEREAS, the Planning Commission held a pu.blic hearing on said application on May 25, 1993; and WHEREAS, proper notice of said public hea:dng 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) of the State CEQA Guidelines; 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 during a twelve month period through the Conditional Use Permit process; 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 two Marg-ett Arts and Crafts Fair events 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 community. B. The proposed uses will be properly related to 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 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. EXHl'!T~ 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 will be consistent with the Dublin General Plan and the Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby conditionally approve PA 93-024 Conditicnal Use Permit application as generally depicted on the plans labeled Exhibit A, stamped approved and 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 sub; ect to Plannina Departmerlt review and approval. The followina codes represent those departments:/aqencies responsible for monitorinq compliance of the conditions of approval. rPLl Plannina. rBl Buildinq. rpOl Police. rpWl Publi.c Works. rADMl Administration/City Attorney. rFINl Finance. ri'l Douqherty Reqional Fire Authority. rDSRl Dublin San Ramon Services: District. rCOl Alameda Countv Department of Environmental Health. 1. This Conditional Use Permit approval for 1~ 93-024 is to allow two separate arts and crafts fairs for four days each (July 15- 18, 1993 and December 2-5, 1993) in the Dublin Plaza Shopping Center located at 7155-7333 Regional StreE!t. This approval shall generally conform to the site plan labeled Exhibit A consisting of one sheet dated received by the Planning Department April 2, 1993. [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 subnlitted 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 i.n such a manner that pedestrian traffic is not shifted into the, adj oining driveway/fire-lane aisles. [PL, PO, F) 3 . The display areas shall not obstruct pedes:trian 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 eve,nt shall be removed by the Applicant immediately after the fair. [PL] - 2 - PAGE:L or J...Q.. 6. No art or craft items shall be left on the: premises overnight. [PL, PO] 7. The Applicant shall submit a certificate c.f 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 arts and crafts 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 concucting the arts and crafts fairs. [PL] 9. All activities shall be controlled so as not 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 i.n accordance with section 8-90.3 of the Dublin Zoning Ordincmce. Any violation of the terms or conditions of this permit shell 1 be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 25th day of Nay, 1993. AYES: NOES: ABSENT: Planning commission Chairperson ATTEST: Planning Director - 3 - PAGE ~ or~ :r ~() Jrr/f% - err M7: u.M=T~ St/Dt-J PA'93-o;>, CI ?W : , , , ; I , . : ! , . . , , : . , : , , , , , ! : -----1 " . ,", , .' : .,:,," . " '" , / , --L- or .!.Sl. AGREEMENT The parties to this Agreementare 71v~...:/.P glf)cU~d Marg-ett Shows. Center is the owner or lessor of the premises knowrtOs ~, (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. " r.~ ()'r.-..;c~ I. The type of activity is as follows: ~ 2. The date of the activity is 9~ IS- It? J '1<13- ~ d-- ~/- /7 B f/ J 3. The Center agrees that Marg-ett Shows may use and accupy that portion of the premises which is designated on Exhibit A for the purpose of selling arts and crafts on /he dates above specified during the hours of f:DDR'1,to ~J()iJPfr\ on said dotes. ThlS location shall not be changed without the prior consent of Marg-ett Shows. The parties agree as follows: 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 btained, _ ~~e, following insuranc~,..!2 connection with the activity: '!IOOD vc>tJ p~ '. ~ ~) ~~.M-.-rJ 7. Any party to this agr~ement may cr 'cel or termit;"~ th~ment by giving notice thereof to the remaining parties s' j&ng as said notice is given at least ~~-t (J <) ) days prior. to the first do)' activity is set to take place. 8. Marg-ett Shows shall pay the Center a lump sum in consideration of this agreement, in the amount of ,- , receipt of which i~ hereby acknowledged. ItEC~'VEn APB. - Z 1993 .,L.- St-. ~." r.~..:..~ r;Y" 1\ q:; _(-')'::0:' \'lING . bUBLlN P r^ cp)..0)-'1 hereto have e>:ecuted this agreement, this ,1993 ,-7 ~~ &iC;. 1~'~"-.~~/6( "center" ,~ --~ IN WIll"ESS WHEREOF, t,h;- parties /;?..;:!!: day of M;J--,Ce!J 'Y/L{;t;uP.L-Z-:~~<,-,~ Marietta L.ewis . AtrachnInt :L Gr 10 orLQ: PAr. ...;.--