HomeMy WebLinkAboutItem 5.1 CUP Margett Arts & Crafts Shows AGENDA STATEMENT
CITY COUNCIL MEETING DATE : May 14 , 1984
SUBJECT: Appeal of Planning Commission Action
Conditionally Approving PA 84-014 Marg-
ett Arts & Crafts Shows , Conditional Use
Permit
EXHIBITS ATTACHED : 1 ) Draft Resolution denying the
application (Exhibit A)
2 ) Draft Resolution modifying Planning
Commission approval (Exhibit B)
3 ) Appeal letter from Councilmember
Hegarty
4 ) Planning Commission staff report
with background attachments .
5 ) Minutes of April 16 , 1984 , Planning
Commission meeting
RECOMMENDATION: 1 ) Hear staff presentations
2 ) Open public hearing
3 ) Take testimony from applicant &
public
4 ) Question staff, applicant and
public
5 ) Close public hearing and deliberate
6 ) Adopt a Resolution which
establishes City Policy relative to
arts and crafts shows .
FINANCIAL STATEMENT : None
DESCRIPTION : On April 16, 1984 , the Planning
Commission granted a Conditional Use Permit to Marietta
Lewis to allow the outside sale of arts & crafts on 12 dates
in 1984 , at the Dublin Plaza Shopping Center. The shows
would be conducted on four dates in May, four dates in
November, and four dates in December . The arts and crafts
would be displayed in the sidewalk area between Mervyn ' s &
Albertson ' s .
On April 23 , 1984 , Councilmember Hegarty appealed the
Planning Commission action, requesting that the City Council
have the opportunity to review the application and make its
own decision.
The Planning Department has previously approved two
Administrative Conditional Use Permits for Marietta Lewis to
conduct 5 shows at the same location . Staff has not
received any complaints or noticed any problems with these
previous shows .
This application raises the broader issue of outside retail
sales activities in general . It is helpful to examine other
outdoor activities that have been approved, or denied, in
the past in order to put this application in proper
perspective .
1 ) Christmas Tree Lots . The Zoning Ordinance provides
that Christmas tree lots are permitted only if an
Administrative Conditional Use Permit (ACUP) is approved.
Such activities have traditionally and customarily been held
outdoors . Several applications have been approved by the
Planning Staff through the ACUP process . Such permits are
typically valid for 1 month.
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ITEM NO. �' COPIES TO:
2 ) Church and Neighborhood Festivals . The Zoning
Ordinance provides that a church or neighborhood festival is
permitted only if an ACUP is approved. The festivals that
have been approved, ( such as St . Raymond' s Church Festival ,
E1 Torito Summer Festival , and St . Patrick ' s Day
Celebration) have typically involved food, games, and
exhibit booths . Several carnivals, auto shows, and
amusement events have been included in this category
(Western Pacific Shows, Classic Chevy Club, Gad-About-Go-
Carts ) .
3 ) Pet vaccination clinics . The City Council has
determined that a pet vaccination clinic is considered a
public service . Individual events have been approved
through the ACUP process . Series of events, up to four
times a year, have been approved through the Conditional Use
Permit process .
4 ) Street Vendors and Other Outdoor Sales . The Zoning
Ordinance provides that plants ( live landscaping materials )
can be located outdoors only if a Conditional Use Permit is
approved. All other retail activities must take place
within an enclosed building. The Planning Commission and
City Council denied a Conditional Use Permit application to
sell brass items in a gas station parking lot . The
resolution adopted by the City Council contains the
following basis of denial :
1 ) The use will not be in conformance with the intent
of the Zoning Ordinance as the use involves the
retail sales of goods outside of an enclosed
building ;
2 ) The use will give the applicant a competitive edge
over other merchants who have rented retail
commercial space;
3 ) The use, if allowed will encourage additional
peddlers to sell their crafts at various street
corners within the City, resulting in enforcement
problems and conflicts with established merchants ;
4 ) The use conflicts with the policy of the City
which is to limit retail sales to an enclosed
building .
It appears that the Christmas tree lots and pet vaccination
clinics are not at issue here; rather, it is a policy
question of whether, 1 ) an arts and crafts show can be
considered a neighborhood festival or, 2 ) an arts and crafts
show is an outdoor retail sale .
As a neighborhood festival, an arts and crafts show could,
1 ) be appropriately located in a shopping center where theft
and traffic issues could be minimized, 2 ) be sponsored by a
church, neighborhood or civic group or a local merchants ' s
association, 3 ) be limited to four times in one year, and 4 )
items to be sold could be limited to handmade, handcrafted
arts and crafts items as opposed to manufactured or mass-
produced items .
As an outdoor retail sale, an arts and crafts show could, 1 )
conflict with City policy and the intent of the Zoning
Ordinance to limit retail sales to an enclosed building, 2 )
give the applicant a competitive edge over other merchants
who have built or leased retail commercial space, 3 ) lead to
theft and traffic control problems, and 4 ) produce
unattractive displays of merchandise.
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RECOMMENDATION: Staff recommends that the City Council
establish a policy regarding arts and crafts shows and
consider them either as, 1 ) outdoor retail sales, which are
prohibited by City policy and the Zoning Ordinance, or 2 )
neighborhood festivals, with individual events handled
throught the ACUP process and multiple events of up to 4 in
one year handled through the CUP process .
Exhibit "A" is a Resolution which considers the arts and
crafts shows as outdoor retail sales, upholds the appeal and
denies the application.
Exhibit"B" is a Resolution which considers the arts and
crafts shows as a neighborhood festival and approves the
application with modifications . The modifications would
limit the events to 4 in one year and the items must be
handmade or handcrafted.
Staff recommends that the City Council adopt either Exhibit
"A" or Exhibit "B" .
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EXHIBIT A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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UPHOLDING THE APPEAL AND DENYING PA 84-014, MARG-ETT ARTS AND
CRAFTS SHOWS CONDITIONAL USE PERMIT
WHEREAS, Marietta Lewis filed an application for a
Conditional Use Permit to operate an arts & crafts show on 12
dates in 1984 at the Dublin Plaza Shopping Center, 7433 Regional
Street , Dublin; and
WHEREAS, the Planning Commission did hold a public
hearing on said application on April 16 , 1984 ; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental
Quality Act and has been found to be categorically exempt ; and
WHEREAS, a Staff Report was submitted recommending the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider
all said reports, recommendations and testimony as hereinabove set
forth; and
WHEREAS, the Planning Commission did approve said
application with certain conditions ; and
WHEREAS, an appeal was filed within the allowable time
period relative to said Planning Commission action; and
WHEREAS, the City Council did hold a public hearing on
said appeal on May 14 , 1984 ; and
WHEREAS, proper notice of said hearing was given in all
respects as required by law; and
WHEREAS, a staff report was submitted recommending that
the City Council adopt a Resolution which established the City ' s
position relative to arts & crafts shows ; and
WHEREAS, the City Council did hear and consider all
said reports , recommendations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City
Council does hereby find that :
1 ) The use will not be in conformance with the intent of
the Zoning Ordinance as the use involves the retail
sales of goods outside of an enclosed building;
2 ) The use will give the applicant a competitive edge over
other merchants who have rented retail commercial space ;
3 ) The use, if allowed will encourage additional peddlers
to sell their crafts at various street corners within
the City, resulting in enforcement problems and
conflicts with established merchants ;
4 ) The use conflicts with the policy of the City which is
to limit retail sales to an enclosed building.
DP 83-20
BE IT FURTHER RESOLVED that the Dublin City Council does
hereby deny the application for the Conditional Use Permit.
PASSED, APPROVED AND ADOPTED this th day of \
1984 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20
EXHIBIT "B"
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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MODIFYING THE APPROVAL OF PA 84-014 , MARG-ETT ARTS AND CRAFTS
SHOWS CONDITIONAL USE PERMIT
WHEREAS, Marietta Lewis filed an application for a
Conditional Use Permit to operate an arts & crafts show on 12
dates in 1984 at the Dublin Plaza Shopping Center, 7433 Regional
Street, Dublin; and
WHEREAS, the Planning Commission did hold a public
hearing on said application on April 16 , 1984 ; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental
Quality Act and has been found to be categorically exempt; and
WHEREAS, a Staff Report was submitted recommending the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider
all said reports , recommendations and testimony as hereinabove set
forth; and
WHEREAS, the Planning Commission did approve said
application with certain conditions ; and
WHEREAS, an appeal was filed within the allowable time
period relative to said Planning Commission action; and
WHEREAS, the City Council did hold a public hearing on
said appeal on May 14 , 1984 ; and
WHEREAS, proper notice of said hearing was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that
the City Council adopt a Resolution which established the City' s
position relative to arts and crafts shows ; and
WHEREAS, the City Council did hear and consider all
said reports , recommendations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby find that :
a) The use is required by the public need to provide arts &
crafts to the general public ;
b) The use will be properly related to other land uses and
transportation and service facilities in the vicinity as
daytime activities will be commensurate with present use
of properties in the neighborhood;
c ) The use, if permitted, under all the circumstances and
conditions of this particular case, will not materially
affect adversely 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;
DP 83-20
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, as an arts and
crafts show, with limited impacts , is consistent with
the character of the commercial district;
e ) The use is different from outdoor retail sales in that
the arts and crafts shows are sponsored by local groups,
promote business in the shopping center developments,
cause minimal theft and traffic control problems, and
can be limited to handmade, or handcrafted items .
BE IT FURTHER RESOLVED that the City Council does hereby
conditionally approve said application as shown by materials
labelled Exhibit "B" , on file with the Dublin Planning Department,
subject to the following conditions :
1 ) The arts & crafts show shall be operated in a manner
which leaves sufficient room on the sidewalk for safe
and efficient pedestrian movement .
2 ) Any trash or debris resulting from the arts and crafts
show shall be disposed of immediately after each sale .
3 ) The arts and crafts shows shall be limited to four dates
in 1984 . The dates and times of the shows shall be
approved by staff .
4 ) The arts and crafts shall be removed from the site
immediately at the end of each show.
5 ) A certificate of Insurance in the amount of one-million
dollars, naming the City of Dublin as Certificate
Holder, shall be posted with the Planning Department
prior to conducting the shows .
6 ) Signage shall be restricted to, two 24 sq. ft . signs
which shall not be erected on the sidewalk/street .
7 ) Items sold shall be limited to handmade/handcrafted arts
and crafts items , rather than manufactured or mass-
produced items .
8 ) This approval shall remain in effect until May 14, 1985
and shall be revocable for cause in accordance with
Section 8-90 . 7 of the Dublin Zoning Ordinance .
PASSED, APPROVED AND ADOPTED this th day of
1984 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20
RECEIVED
APR 2 � 1984
DUBLIN PLANNING
April 23 , 1984
_____City-.Clerk/City--Manager --.---_— ---- ------ --___.-_---.-... ....---------
84-014 , _-Marg-ett._Arts ._& ...Crafts _Shows,-.Conditional-Use
__..._.___.- _....__...._._._.__
Permit to allow shows on twelve dates during 1984
On April 16 , 1984 , the Planning Commission_ reviewed__PA 84-014,_-..--_- .
- Mar�g-ett Arts..&.Crafts Shows _ The Planning Commission approved
the application subject to conditions .
I appeal the Planning Commission ' s action on the application so
- - --"that the City Council will have an opportunity to review the
application and make a determination.
_. . ... Pete.. Hegarty,
Councilmember
cc : Planning Director
4
i�
l
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date : April 16, 1984
TO: Planning Commission
FROM: Planning Staff
SUBJECT: PA 84-014 , Marg-ett Arts & Crafts Shows at the
Dublin Plaza Shopping Center .
GENERAL INFORMATION
PROJECT: A request for a Conditional Use Permit to allow the
outside sale of arts and crafts on 12 dates in 1984 at
the Dublin Plaza Shopping Center.
APPLICANT/REPRESENTATIVE: Marietta Lewis
1377 Wylie Way
San Jose, CA 95130
PROPERTY OWNER: c/o Dublin Merchants Association
7889 Dublin Boulevard
Dublin, CA 94568
LOCATION: 7433 Regional Street
ASSESSOR PARCEL NUMBER: 941-305-16 & 941-305-17-2
PARCEL SIZE : Approximately 14 acres
EXISTING ZONING AND LAND USE : Dublin Plaza Shopping Center
C-1, (Retail Business District)
SURROUNDING LAND USE AND ZONING :
North : commercial, C-1
South : commercial, C-1 & C-2
East : commercial , C-1
West : commercial , C-1
ZONING HISTORY : November, 1983 - An Administrative
Conditional Use Permit granted to Marg-ett for two day sale
in November 1983 .
November, 1983 - An Administrative Conditional Use Permit
granted to Marg-ett for three day sale in December 1983
APPLICABLE REGULATIONS & POLICIES : Through the processing of
similiar, outside activities which are temporary in nature (Pet
Vaccination Clinics ) , a policy has been established that multiple
events within a one-year time period require a Conditional Use
Permit .
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 peformance standards established for the district in
which it is located.
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ITEM NO.
ENVIRONMENTAL REVIEW: Categorically exempt
NOTIFICATION : Public Notice of the April 16, 1984 , hearing was
published in the Tri-Valley Herald, mailed to adjacent
property owners , and posted in public buildings
ANALYSIS :
Mariette Lewis , in conjunction with the Dublin Plaza
Shopping Center Association , is requesting a Conditional Use
Permit to operate an arts and crafts show on 12 dates in
1984 at the Dublin Plaza Shopping Center. The shows would
be conducted on four dates in May, four dates in November,
and four dates in December for a tot-al of 12 shows . _ The
shows would be held in the sidewalk area between Mervyn ' s
and Albertson ' s
The Planning Department has previously approved two
Administrative Conditional Use Permits for Marietta Lewis to
conduct 5 shows at the same location . Staff has not
received any complaints or noticed any problems with these
previous shows .
Staff ' s only concern is that the show be operated in a
manner that the sidewalk is not blocked with displays . The
applicant ' s are aware of staff ' s concerns and have indicated
that sufficient room will be left open for safe and
efficient pedestrian movement .
RECOMMENDATION
FORMAT : 1 ) Hear Staff presentation
2 ) Open public hearing
3 ) Hear applicant and public presentations
4 ) Close public hearing
5 ) Adopt Resolution approving or denying request, or
continue hearing
ACTION: Staff recommends that the Planning Commission
adopt the attached Resolution approving PA-014, Marietta
Lewis ' request for a Conditional Use Permit to operate an
arts and crafts show on 12 dates in 1984 at The Dublin Plaza
Shopping Center .
ATTACHMENTS
Exhibit A: Draft Resolution
Exhibit B: Site Plan
, Background Attachments : 1 ) Applicant ' s Description
2 ) Location Map
COPIES TO
Marietta Lewis
1377 Wylie Way
San Jose , CA 95130
-2-
RESOLUTION N0 . 84-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------
APPROVING PA 84-014 , REQUEST FOR A CONDITIONAL USE PERMIT
TO OPERATE AN ARTS & CRAFTS SHOW ON 12 DATES IN 1984
WHEREAS, Marietta Lewis filed an application for a
Conditional Use Permit to operate an arts & crafts show on 12
dates in 1984 at the Dublin Plaza Shopping Center, 7433 Regional
Street, Dublin ; and
WHEREAS, the Planning Commission did hold a public
hearing on said application on April 16 , 1984 ; and
WHEREAS, proper notice of said public hearing was given
in all respects as required bylaw; and
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental
Quality Act and has been found to be categorically exempt; and
WHEREAS, a Staff Report was submitted recommending the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider
all said reports , recommendations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that : - -
a) The use is required by the public need to provide
arts & crafts to the general public ;
b ) The use will be properly related to other land uses
and transportation and service facilities in the vicinity as
daytime activities will be commensurate with present use of
properties in the neighborhood;
c ) The use , if permitted, under all the circumstances
and conditions of this particular case , will not materially affect
adversely 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, as an arts and crafts show, with
limited impacts , is consistent with the character of the
commercial district ;
BE IT FURTHER RESOLVED that the Planning Commission does
hereby conditionally approve said application as shown by
materials labelled Exhibit "B" , on file with the Dublin Planning
Department, subject to the following conditions :
1 ) The arts & crafts show shall be operated in a manner
which leaves sufficient room on the sidewalk for safe and
efficient pedestrian movement .
2 ) Any trash or debris resulting from the arts and
crafts show shall be disposed of immediately after each sale .
3 ) The dates of the shows shall be : May 17 , 18, 19 ,
20 , November 15 , 16 , 17 , 18, and December 6 , 7, 8, 9 , and
shall be limited to the hours between 9 : 00 a.m. and 7 : 00 p .m.
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ARG—SETT APT A_ND CRAFT (. . d
1377 T LIF ';SAY
SELN JOSF CALIF. 95130
403-248-0769
1� 33 -44,1-142
To whom it may concern,
I would like t o have your approval to have an Arts
and Crafts Show at your shopping, center.
The Ir:arg—Ftt Art & Craft Shore is a group of skilled
professional artists and craftsmen. I have been having
art shoves for the past ten years in the bay area region.
I have my o-:.-n. liabilit;r I_nr:1.1r2-ncc to protect merchants.
One o- the benefit:,- you r*ould receive in - lor:ing me to
hold sho•::s in your shopping center, i:: trr_t I advertise in
the local papers.
Your cooperation in this matter Foul d be greatly
appreci.%ted.
Thank You,
b:ARG=--TT -kR & CRAFT SHOW
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CITY OF DUBLIN
PROJECT LOCATION MAP
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I
RESOLUTION NO . 84-16
APPROVING PA 84-013 FOUNTAINHEAD MONTESSORI SCHOOL
CONDITIONAL USE PERMIT TO OPERATE AT THE
FALLON SCHOOL SITE
PA 84-014 MARG-ETT ARTS & CRAFTS SHOWS
CONDITIONAL USE PERMIT
Mr . DeLuca introduced the item, which was a request to allow the
outside sale of arts and crafts on 12 dates in 1984 at the Dublin
Plaza Shopping Center, at 7433 Regional Street . Mr. DeLuca
explained that the shows would be conducted on four dates in May, '
four dates in November and four dates in December. The shows
were being sponsored by the Dublin Plaza Merchants Association
for the purpose of promoting the tenants within the Dublin Plaza
Shopping Center . It was noted that staff had previously approved
two ACUP ' s for the applicant and had not exprienced any. theft or
traffic problems .
Marietta Lewis and her husband were present in the audience . Mrs .
Lewis explained she has been presenting art shows for the past 14
years , and this was the first time she had to apply for a use
permit . She stated that she has not had any complaints
regarding her shows , she makes sure the fire lanes are kept
clear, doorways are not blocked, and the displays are picked up
each night .
Mrs . Lewis stated that she usually puts out 3 A-frame signs to
advertise her show, and asked the Commission if there would be
any problem if she continued with this practice.
Mr . DeLuca responded that there is a standard condition for arts
& crafts shows and that allows for two 24 sq. ft. signs .
Cm. Alexander asked if the shows listed for November and December
would be realistically open until 7 : 00 in the evening .
Mrs . Lewis stated it depended upon the weather how late the shows
lasted; whether they had to close early and set up the next day
or not .
Mr . & Mrs . Lewis were in agreement with all the conditions of
approval including the removal of all signs each evening .
After the close of the public hearing Cm. Mack asked staff what
the difference was between this application and the Charles
Holland application .
Mr . Tong responded that the primary difference was the location,;
that is , Mr . Holland had proposed to establish his business in the
parking lot of . a gas station as opposed to a conventional
shopping .center . Another principal difference was that theft and
traffic control problems could be more carefully controlled with
the arts and crafts show.
Cm. Vonheeder stated that she thought the main concern was the
fact that the City didn ' t want outside sales .
Cm. Tenery asked if the art products sold might be in competition
with paintings that might be sold at wards , Mervyns , or crafts
that might be sold by these stores
Cm. Vonheeder stated that the business ' in 'the shopping center
support the art shows, in that they .draw customers, and thus the
whole center benefits .
Cm. Alexander felt that the difference was that Holland was
selling manufactured goods and this request was for handcrafted
items .
Mr . Tong stated at this point there is no restriction on
manufactured goods verses handcrafted goods .
Mr . Tong stated from the staff ' s standpoint the primary
difference between this application and the previous request is
the location . As noted earlier, Holland had proposed to
establish his business in a parking lot where traffic and theft
problems posed a problem. The present application did not have
the same problems .
Cm. Alexander asked if there would be any conflict with the
selling of pumpkins in October and Christmas trees in December .
Mr . Tong responded that possibly there may be a conflict with
Christmas trees depending upon Albertson ' s and Payless . However,
with the merchants filing this application staff was presuming
that they are taking these sales into account.
Cm. Alexander made the motion, with Cm. Petty ' s second to approve
the Conditional Use Permit, with an additional condition that all
signs shall be removed each evening . The motion passed, with Cm.
Tenery, Alexander, Vonheeder and Petty voting for the motion and
Cm. Mack voting against it .
RESOLUTION NO. 84-17
APPROVING PA 84-014 , MARIETTA LEWIS ' CONDITIONAL USE PERMIT TO
CONDUCT ARTS & CRAFTS SHOWS ON 12 DATES IN 1984 AT THE DUBLIN
PLAZA SHOPPING CENTER