HomeMy WebLinkAboutItem 5.2 Zoning Ord Amend Arts and Crafts Fairs (2) 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) .
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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
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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
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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.
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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
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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 .
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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
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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
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