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HomeMy WebLinkAboutItem 5.2 Zoning Ord Amend Arts and Crafts Fairs AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 8, 1984 SUBJECT: PUBLIC HEARING PA 84-043 Zoning Ordinance Amendment Regarding Arts and Crafts Fairs EXHIBITS ATTACHED: 1 - Revised draft resolution approving Zoning Ordinance Amendment Regarding Arts and Crafts Fairs 2 - Revised draft Ordinance Amending Zoning Ordinance Regarding Arts and Crafts Fairs 3 - City Council Agenda Statement of 9/10/84, without attachments 4 - Planning Commission Staff Report of 8/20/84, without attachments RECOMMENDATION: 1 . Open public hearing and hear Staff presentation 2 . Take testimony from public 3 . Question Staff and public 4 . Close public hearing and deliberate 5 . Adopt Resolution regarding Arts and Crafts Fairs 6 . Waive reading and introduce Ordinance Amending Zoning Ordinance regarding Arts and Crafts Fairs . FINANCIAL STATEMENT: None DESCRIPTION : On September 10 , 1984, the City Council reviewed the proposed Zoning Ordinance Amendment Regarding Arts and Crafts Fairs . The intent of the amendment is to allow non- profit community groups to hold one day Arts and Crafts Fairs with an Administrative Conditional Use Permit (ACUP) and two, three or four day Arts and Crafts Fairs with a Conditional Use Permit (CUP) . ----------------------------------------------------------------- ITEM NO. � '`_ � COPIES TO: Marietta Lewis Tom McCormick Bonnie Diaz The items for sale would be limited to handmade, handcrafted items for sale by the original artist. The City Council directed Staff to clarify that the CUP applications for two, three, or four day Arts and Crafts Fairs would be heard by the Planning Commission. The City Council continued the item until the October 8, 1984 meeting. Section 3 of the Revised Draft Ordinance clarifies that the Planning Commission will act on the applications for multiple day Arts and Craft Fairs . Staff recommends that the City Council 1) adopt the resolution approving the Zoning Ordinance Amendment and 2 ) waive the reading and introduce the Ordinance amending the Zoning Ordinance regarding Arts and Crafts Fairs . R E V I S E D D R A F T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING OF PA 84-043, ZONING ORDINANCE AMENDMENT REGARDING ARTS AND CRAFTS FAIRS WHEREAS, several applications have been filed for outdoor retail sales and arts and crafts fairs; and WHEREAS, the Zoning regulations regarding arts and crafts fairs were not clearly defined and set forth in the Zoning Ordinance; and WHEREAS, on appeal, the City Council was required to indicate its position and criteria regarding arts and crafts fairs; and WHEREAS, the City Council has requested Staff to draft a Zoning Ordinance Amendment to clarify the regulations regarding arts and crafts fairs; and WHEREAS, the State Planning and Zoning Laws required the Planning Commission to hold a public hearing and make a recommendation to the City Council regarding the Zoning Ordinance Amendment; and WHEREAS, the Planning Staff drafted a Zoning Ordinance Amendment regarding arts and crafts fairs; and WHEREAS, the Planning Commission considered said draft ordinance at a public hearing on 8/20/84 and recommended approval; and WHEREAS, the City Council did hold a public hearing on said draft ordinance on September 10, 1984 and October 8, 1984; and WHEREAS, notice of said hearing was provided in all respects as required by law; and WHEREAS, said draft ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act and has found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending that said draft ordinance be approved and adopted; 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 draft ordinance defines the specific criteria and processing procedures regarding arts and crafts fairs; 2 ) The draft ordinance will allow arts and crafts fairs to meet the Community ' s need for handcrafted or handmade items; 3 ) The draft ordinance will allow local public groups and artists and craft persons an opportunity to earn additional income ; DP 83-20 �i 1.1 . , , , i 4 ) The draft ordinance will require an Administrative Conditional Use Permit or Conditional Use Permit to minimize or eliminate potential problems related to said arts and crafts fairs; and 5 ) The draft ordinance is consistent with the preliminary policy decisions in the Draft General Plan, particularly the policies to intensify Downtown Dublin; and 6 ) There is little or no probability that the draft ordinance will be detrimental to or interfere with the future General Plan, should the draft ordinance ultimately be inconsistent with the future General Plan. BE IT FURTHER RESOLVED that the City Council does hereby approve the draft ordinance regarding arts and crafts fairs . PASSED, APPROVED AND ADOPTED this th day of , 1984 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerx DP 83-20 R E V I S E D D R A F T ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE REGARDING ARTS AND CRAFTS FAIRS The City Council of the City of Dublin does ordain as follows : Section 1 . Section 8-60 . 60 .1 of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding Administrative Conditional Uses is hereby amended by adding to the listing of Administrative Conditional Uses the following wording: "One arts and crafts fair per year, per site, sponsored by a bona fide church, school, neighborhood group, or local non-profit, non-restrictive civic or service organization, for the sale of handmade or handcrafted items for sale by the original artist" Section 2 . Section 8-61.0 of Chapter 2 of Title 8 of the Dublin Ordinance Code regarding Conditional Uses, All Districts is hereby amended by adding to the listing of Conditional Uses the following wording: "Arts and crafts fairs, in operation for up to four days per year, per site, sponsored by a bona fide church, school, neighborhood group, or local non-profit, non-restrictive civic or service organization, for the sale of handmade or handcrafted items for sale by the original artist" Section 3 . Applications for permits to conduct any of the Arts and Crafts Fairs defined in Section 2 hereof, shall not be considered a temporary Conditional Use as that term is defined in Ordinance number 23 . Section 4 . This Ordinance shall become effective 30 days afters its final passage and adoption by the City Council. Before the expiration of fifteen (15) days after its passage, it shall be published once, with the names of the Councilmembers voting for and against the same, in the Tri- Valley Herald, a newspaper published in Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this th day of , 1984, by the following votes : AYES: NOES: ABSENT: Mayor ATTEST: City C e r .31 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 10, 1984 SUBJECT: PUBLIC HEARING PA 84-043 Zoning Ordinance Amendment Regarding Arts and Crafts Fairs EXHIBITS ATTACHED: 1 - Resolution approving Zoning Ordinance Amendment Regarding Arts and Crafts Fairs 2 - Ordinance Amending Zoning Ordinance Regarding Arts and Crafts Fairs 3 - Planning Commission Staff Report with adopted Resolution 4 - Planning Commission Minutes of August 20, 1984 RECOMMENDATION: 1 - Open public hearing and hear Staff presentation 2 - Take testimony from public 3 - Question Staff and public 4 - Close public hearing and deliberate 5 - Adopt Resolution regarding Arts and Crafts Fairs 6 - Waive reading and introduce ordinance amending Zoning Ordinance regarding Arts and Crafts Fairs FINANCIAL STATEMENT: None DESCRIPTION: The proposed Zoning Ordinance amendment allows non-profit community groups to apply for an Administrative Conditional Use Permit (ACUP) for a one day Arts and Crafts Fair, and a Conditional Use Permit (CUP) for a multiple day Arts and Crafts Fair. The items for sale at the fair would be limited to handmade, handcrafted items for sale by the original artist. On May 14 , 1984 , the City Council directed Staff to draft an ordinance clarifying the zoning regulations for Arts and Crafts Fairs . On August 20 , 1984, the Planning Commission reviewed the draft ordinance and adopted a resolution recommending approval . In the resolution, the Planning Commission found that: 1 ) The draft ordinance defines specific criteria and processing procedures 2 ) The draft ordinance will allow arts and crafts fairs to meet the Community' s need for handcrafted or handmade items ----------------------------------------------------------------- ITEM NO. COPIES TO: Marietta Lewis Tom McCormick Bonnie Diaz A 7 7 AC ---� 3 ) The draft ordinance will allow local public groups and artists and crafts persons an opportunity to earn additional income 4 ) The draft ordinance will require an ACUP or CUP to minimize or eliminate potential problems related to the arts and crafts fairs At the Planning Commission meeting, the Planning Commission also considered allowing a two day event through an ACUP. The Planning Commission decided to recommend one day events through ACUP and multiple day events through CUP . Additional explanation of the proposed zoning ordinance amendment is contained in the General Information and Analysis sections of the attached Planning Commission Staff Report. ----------------------------------------------------------------- J . CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date : August 20 , 1984 TO: Planning Commission FROM: Planning Staff If SUBJECT: PA 84-043 , Zoning Ordinance Amendment Regarding Arts and Crafts Fairs GENERAL INFORMATION PROJECT: A Zoning Ordinance Amendment which would allow arts and crafts fairs which meet specified criteria APPLICANT: City of Dublin 6500 Dublin Boulevard, Suite D Dublin, California 94568 LOCATION: The Zoning Ordinance Amendment would affect all Zoning districts within the City. ZONING HISTORY: 1/16/84 - Planning Commission denied PA 83-091, Holland Brass Sales, Conditional Use Permit. 2/13/84 - On appeal, City Council upheld Planning Commission action and denied PA 83-091 Holland Brass Sales Conditional Use Permit. 4/16/84 - Planning Commission approved PA 84-014 , Marg-Ett Arts and Crafts Shows Conditional Use Permit. 5/14/84 - On appeal, City Council modified Planning Commission action and approved PA 84-014 Marg-Ett Arts and Crafts Shows Conditional Use Permit . APPLICABLE REGULATIONS : Section 8-60 . 60 .1 Administrative Conditional Use Permits states that, in part, in any District a minor temporary use of land that is categorically excempt under the California Environmental Quality Act including, but not limited to: Grand Opening sales and displays , Christmas tree lots, neighborhood and church festivals, firewood sales lots in the A District, Mobilehome occupancy for a period of 1 year during construction of permanent living quarters on the same premises in any A or R District, occupancy of a commercial office trailer for a period not to exceed one year in any C or M District, tract and sales office with accessory signs during the period of construction and original sale of the buildings or lots in a new subdivision shall be permitted only if an Administrative Conditional Use Permit is approved by the Zoning Administrator . The Zoning Administrator shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform to the requirements and intent of this Chapter. If from the information submitted or developed upon investigation the Zoning Administrator finds that compliance with the requirements and intent of this Chapter will be secured, the Administrative Conditional Use Permit shall be approved. If it is found that ----------------------------------------------------------------- VLA, ITEM NO. C 1 im t L such compliance is not secure, the Permit shall be denied or approved subject to such specified conditions, changes, or additions as will assure such compliance. The order approving or disapproving an Administrative Conditional Use Permit shall become effective 5 days after the date of such action unless a written appeal is filed. Section 8-61 . 0 Conditional Uses, All Districts, states, in part, that except where they are listed in the District regulations as permitted uses, the following are Conditional Uses in any District and shall be permitted only if approved by the Zoning Administrator . a) Airport or landing strip for aircraft b) Shelter c ) Temporary Use d) Church of wood frame or more lasting construction e) Subdivision entrance structures f ) Group living quarters housing persons placed by an authorized agency for rehabilitation purposes under the auspices of an appropriate Federal, State or county government agency. These group living quarters are characterized by short-term non-medical care occupancies as distinguished from those residential care facilities for the ambulatory aged licensed by the State Department of Social Services Agencies and as distinguished from those medical care facilities as licensed by the State Department of Health. Section 3 Conditional Use Permits of Ordinance No. 23 of the City of Dublin states in part, that a request for a Conditional Use Permit, with minor exceptions, shall be submitted to the Planning Commission. The Planning Commission shall have authority to approve or disapprove such requests . A Conditional Use Permit for a community care facility, accessory use, accessory unit or temporary use shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests . ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the August 20, 1984 , hearing was published in the Tri-Valley Herald, and posted in public buildings ANALYSIS : On May 14 , 1984 , the City Council directed Staff to draft an ordinance clarifying the Zoning regulations for Arts and Crafts Fairs . Both the Planning Commission and, on appeal, the City Council, had recently acted on requests for 1 ) outdoor retail sale of brass items and 2 ) arts and crafts fairs . In denying the outdoor retail sale of brass items, the City Council maintained the following positions : 1 ) limit retail sales to an enclosed building rather than encouraging outdoor retail sales 2 ) avoid outdoor retail sales which give a competitive edge over merchants that rent retail space 3 ) discourage peddlers from selling their wares on street corners , which generally increases zoning, building, and traffic enforcement problems, and conflicts with established merchants . -2- In approving the Arts and Crafts Fairs , the City Council indicated that it could consider such uses if the arts and crafts fair met certain criteria such as : SPONSOR: Sponsored by a bona fide church, school, neighborhood group, or local non-profit, non- restrictive civic or service organization. ITEMS FOR SALE: Limited the sale to handmade or handcrafted items for sale by the original artist. SINGLE EVENT: For a single event, one day per year at one location, the use could be considered subject to an Administrative Conditional Use Permit. MULTIPLE DAY EVENTS: For multiple day events , up to four days per year at one location, the use could be considered subject to a Conditional Use Permit. STANDARD FINDINGS: The use meets each of the four standard findings for Conditional Use Permits; 1) the use is required by the public need, 2 ) the use is appropriately located, 3 ) the use will not adversely affect the public health, safety, or welfare, and 4 ) the use is consistent with the specific intent and performance standards established for the District. Staff has drafted amendments to the Administrative Conditional Use Permits Section and Conditional Use, All Districts Section of the Zoning Ordinance to address arts and crafts fairs and the criteria specified above . RECOMMENDATION FORMAT: 1) Open public hearing and hear staff presentation 2 ) Take testimony from the public 3 ) Question staff and the public 4 ) Close public hearing and deliberate 5) Adopt Resolution recommending action by the City Council , or continue hearing . ACTION: Staff recommends that the Planning Commission 1) Consider the draft ordinance 2 ) Recommend that the City Council adopt the ordinance, or give staff direction and continue item to a future Planning Commission meeting . ATTACHMENTS Exhibit A - Resolution Recommending Approval of Zoning Ordinance Amendment Regarding Arts and Crafts Fairs . ' Exhibit B - Draft Ordinance Amending Zoning Ordinance Regarding Arts and Crafts Fairs -3- BACKGROUND ATTACHMENTS : 1 ) Minutes of February 13 , 1984 , City Council Meeting and Resolution regarding PA 83-091, Holland Brass Sales Conditional Use Permit 2 ) Minutes of May 14 , 1984 , City Council Meeting and Resolution regarding PA 84-014 , Marg-Ett Arts and Crafts Shows Conditional Use Permit COPIES TO -4-