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HomeMy WebLinkAbout95-012 Marg-ett Arts & Crafts Fair CUP CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Mee-ting Date: June 19, 1995 TO: Planning Commission FROM: Plannirg Staff R ~ Sharon Young, Planning Intern ~ J:r PA 95-C12 Marg-ett Arts and Crafts Fair CUP PREPARED BY: SUBJECT: GENERAL INFORMATION: PROJECT: Conditional Use Permit request to allow the operation of two arts and crafts fairs at the Dublin Plaza Shopping Center on July 13-1E and December 7-10, 1995. APPLICANT: Marietta Lewis Marg-ett Arts and Crafts Sho\\'s 1377 Wylie Way San Jose, CA 95130 PROPERTY OWNERS: Sanwa Bank of California P.O. Box 54138 Los Angeles, CA 90054 Joint Venture c/o 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 LOCATION: 7201-7333 Regional Street ASSESSOR PARCEL 941-305-14-2, 16, 17-1, 21 NUMBERS: TOTAL PARCEL SIZE: 8.83:!: acres GENERAL PLAN Retail/Office DESIGNATION: ~;;~-~~~-~~-f------------------;~;~;~-;~~-~~~~i~;~~~-;~~~;~~~-~~~;~~--- Address File .. ",co \ r _ 1-, :'.,:''-,i~:~- ..,.~'__... I]> H".:L... DOWNTOWN SPECIFIC . PLAN DESIGNATION: Zone~. Central Block West R~ta EXISTING ZONING AND LAND USE: C-l, Retail Business District; Retail Shopping Center SURROUNDING LAND USE AND ZONING: The properties to the north, south, east and west are zoned C-l,(Retail Business) District with retail commercial uses. ZONING HISTORY: Since November 13, 1984, twenty-one (21) sep~rate arts and crafts fairs have been conducted on this site during the summer and winter months with Conditional Use Permit approvals. The Dubli~ Planning commission previously approved PA 94-019 Conditional Use Per~it for the Marg-ett Arts and Crafts Fair on June 20, 1994. 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 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 1:hat conditional usesnust 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 t,) other land uses, transportation and service facilities in the vici~ity; 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 th~ 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 Guidelines. 'rhis project involves the minor temporary use of land having negligible or~o permanent effects on the environment.. NOTIFICATION: Public NoticE~ of the June 19, 1995 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use ?ermit approval to operate two separate arts and crafts fairs at the Dublin ?laza Shopping Center to be held on July 13-16 and December 7-10, 1995. Approximately 30 to 40 arts and crafts booth:::; with individual artists/craft persons exhibiting their work will be set up along the pedestrian walkway areas stretching from the Albe:~tson's market to the '-.'k ? Aaron Brothers Art Mart~ tore. The proposed hcurs 'f operation for each fair will be from 9:00 a.m. to 5:00 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 for the existing commercial retail 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) in 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 Flanning Director. Since there is no record of any problems occurring from the RVs staying overnight, Staff has inclujed the same provision in the Draft Resolution, Exhibit B. The project has been reviewed by other city departments and their comments are included as CJnditions of Approval in the draft Resolution. Due to potential theft problems at these types of events, Dublin Police suggest that private security patrol services be provided at all times during the events. staff recommends approval of the Applicant's Conditional Use Permit request to allow two separ~te 4-day arts and crafts fairs at the Dublin Plaza Shopping Center during the months of July and December 1995. 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 Resolution approving the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. Staff recommends that the Planning commission adopt the draft Resolution, Exhibit B, approving Conditional Use Permit PA 95-012 Marg-ett Arts and Crafts Fair. ACTION: To approve the p:~oject as presented, a Planning commissioner may make a motion such as: I move to adopt ,':he Resolution approving the Conditional Use Fermi t for FA 95--012, Marg-ett Arts ani Crafts Fair. ATTACHMENTS: _____.______~. .___~n~___._. ____~._____ ----.-.--------.~------------.------ Exhibit A: Exhibit B: site Plan Draft Resolution approving PA 95-012 Conditional Use Permit Background Attachments: Attachment 1: Attachment 2: Attachment 3: Location/Zoning Map Dublin Plaza Merchants Associatio:~ Agreement dated May 11, 19 9 ~j . 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"~...L' ... ...._.._. .c rY !\ ;1 .~:; H RESOLUTION NO. 95 - A RESOLU'l'ION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ---------------------------------------------------------------------- APPROVING PA 95-012 MARG-ETT ARTS AND CRAFTS FAIR CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO SEPARATE, FOUR DAY ARTS AND CRAFTS FAIRS WITHIN THE DUBLIN PLAZA SHOPPING CENTER LOCATED AT 7201-7333 REGIONAL STREET 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 (7201-7333 Regional Street) on July 13-16 and December 7-10, 1995; and WHEREAS, the Planning Commission held a public hearing on said application on June 19, 1995; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewej 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 Zonin~ 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 fJr 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 arts and crafts fair use will have the same impacts as commercial uses permitted in the C-l, Ret~il Business district. 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 welf~re or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. EXHIBIT~ " "--\-. (-: ..~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 Downt:own Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby conditionally approve PA 95-012 Conditional 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 subject to Planninq Department review and approval. The following codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. rPLl Planninq. rBl Buildinq. rpol Police. rpwl Public Works. rADMl Administration/City Attorney. rFINl Finance. rrl Douqherty Reqional Fire Authority. rDSRl Dublin San Ramon Services District. rcol Alameda County Department of Environmental Health. 1. This Conditional Use Permit approval is to allow two separate arts and crafts fairs for four days each (July 13-16 and December 7-10, 1995) in the Dublin Plaza Shopping Center located at 7201- 7333 Regional Street. This approval shall. generally conform to the site plan labeled Exhibit A, dated rec:eived by the Planning Department on May 11, 1995. [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 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 not be set up in such a manner that pedestrian traffic is shifted into the adJoining 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 store entrances. [PL, PO, F] 4. All arts and crafts vendors/exhibitors shE.ll comply with the Dougherty Regional Fire Authority (DRFA) Outdoor Assembly Guide (Attached) [F]. 5. Signage is restricted to a maximum of two 24 square foot portable signs. Said 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] 1',~ 1) 6. Any trash or litter resulting from the arts and craft fair events shall be completely removed by the Applic3nt and the vendors/exhibitors immediately after comm~ncement of each event. [PL] 7. No art or craft items shall be left unsecured on the premises overnight. [PL, PO] 8. The Applicant shall submit a certificate Jf Insurance naming the City of Dublin as CI~rtificate Holder and 3dditional insured in the amount of one million dollars to the ~ublin Planning Department prior to conducting the fairs. [PL] 9. 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 conjucting each of the arts and crafts events. [PL] 10. All activities associated with this approval shall be controlled so as not to create a nuisance to the existing retail businesses with the Dublin Plaza Shopping Center. [PL] 11. Security services or private patrol are suggested for each arts and crafts fair event in order to prevent theft problems. [PO] 12. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin zoning Ordin~nce. Any violation of the terms or conditions of this permit may be subject to the issuance of a citation. [PL] PASSED, APPROVED AND ADOPTED this 19th day of ,June, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -, ',-. ~ ? I- ....... / .- ... I I '. '..:;_ .. _~_. ~~'_ _ . ,. ~.~.........."'.. PO '362 Z.U, \ ~\ It\ -..:\ ---\ I -- - - AGREEMENT ThepartiestothisAgreementare c~~"">V7r W ,andMarg-ettShows. Center is the owner or lessor of the premises known as , (hereinafter referred to as the "Center"). Marg-ett Shows de~;ires 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: 2. The date of the activity is {~d;-J &-aj.r d!/.~-i./ -c~d':z.:v .2:.. ~f.-{.~/3-/~ /c;fS -t ~ 7-/0 . It:; Y.b-- { 3. The Center agrees that Marg-ett Shows may use (]nd 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 9'-ov(.J.11.. to ~: ('~I;>K on said dates. This location shall not ~e 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 thct 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 insurance in connection with the activity: '1! c)i',-' 0[1(.1 ~ : 7. Any party to this agreement may cancel or terminate this agreement by giving notice t _ereof to the remainhg parties so long as said notice is given at least \ (J J ) days prior to the first day the 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 is hereby acknowledged. IN WITNESS WHEREOF, the parties hereto have executed this agreement, this day of , 19 21i~~' I " "Center" -/TWO/!A.-C /tf;~ ::If;; - ~ ~ Marietta LewisJ AttachnInt ,nR E eEl V E: 0 .11 g 5 -0 I.,? MAY 1 ~ 1995 -m1'/?3,? Kt ;GYv-Q '.J" ~ .! l~lIN PlA~N''''' v ) ,-} DOCGHERTY HEGIONAL FInE AUTHOIUTY ~:)~~ FinTL'!-'l Lane · San Ham :1I1. en ~.l.:;g;) Orfi('(': (510) ~:(l3-g(i(lO · Fax: (:ilO) f:03-fl(1:-;Q SERVING D~9:'IN & SI..N Rt..MO~ OUTDOOR ASSEftfBLY GUIDE PER1\lIT: A. A permit shall be obtained from the Dougherty Regional Fire Authority prior to engaging in tlce following activities: Carnlvals and fairs, use of compressed gases; open burning; use of parade floats; erection of tents; canopies and temporary membrane structures; anc sales booths. FIRE LANES: A minimum of 20 foot clearance shall be maintained on all streets to allow for emergency vehicle access and around the event. Alleys, when, applicable, shall be barricaded and unobstructed to all~w for emergency vehicle use. All barriers and blockades used in streets shall not be permanent and if n~ed be, can be easily removed. ELECTRICAL: A. All electrical wiring must be in good condition wilh no splices or exposed WIres. B. Extension cords must be D.L. listed for indoor/outdoor use. Only D.L. approved multi-gang cords are to be used with more than one appliance. C. Extension cords that extend across sidewalks or walkways must be protected from pedestrian traffic or other physical damage. D. The extension cord should be of a ground type wht:n servicing grounded appliances or fixtures. AnACHMENT I- ;- ~ FIRE EXTINGUISHERS: A minimum 2A 1 OBC rated fire extinguisher with a current State Fire 1\1arshal service tag must be provided by each vendor who is cooking. The fire extinguisher must be located in an easily accessible location. COJ\'TPRESSED GAS CYlIl\TUERS: All compressed gas cylinders (C02, helium, etc.) must ce properly secured to prevent them from falling. TENT STRUCTURES: A. Shall be flame retardant treated with State Fire Marshal's Seal. B. No open flame devices or hot objects. C. Require 1 - 2A 1 OBC fire extinguisher at each structure. D. Flammable and combt.:stible liquids and liquid petroleum gas shall not be stored within a tent str Jcture. COi\-TBUSTIBLE STORAGE: No combustible storage is allowed near any cooking equipment, barbecues or other sources of ignition. FOOD BOOTHS: A. Doors must swing in the direction of egress and be openable from the inside without special knowledge or effort. B. Maximum height of any booth shall not exceed 10 feet. C. \Vith any change in construction, or if any booth e~~ceeds the established guidelines, a plan review must be submitted to the fire department for approval prior to use. 2 V :,3 D. All cooking booths and equipment shall be locate:! within the comer section or as close as possible to street intersectiors. E. Propane (L.P.G.) containers 5 gallon maximum for gas fire barbecue is approved, providing unit is UL approved and secu~e to barbecue unit. Disconnection of fuel line is not allowed at an)"1ime and/or an exchange of fuel containers at the s~ te. F. A responsible attendant shall be present at all time:; when a barbecue is fired, etc. G. Final barbecue set-up will be arranged so that the barbecue is surrounded by barriers set five (5) feei: away, which can easily be moved for emergency vehicle access. INTERNAL CO)\1BlJSTIO~ PO\VER SOURCES: A. Generators shall be isolated from contact with public by physical guards or fencing enclosure, and 50'-0" from all structures. B. Fuel tanks shall be of adequate capacity to pemlit uninterrupted operation during normal operation hours. Refueling shall be conducted only when generator is not in use. C. A minimum of 40BC fire extinguisher shall be provided within 75'-0" of travel. D. Contact Building Department for electrical and grolnding requirements. a:\odguide 3 '.'~:. .?.. (": .2,.