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HomeMy WebLinkAbout5.1 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. ----------------------------------------------------------------- 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. ----------------------------------------------------------------- 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" . ----------------------------------------------------------------- ` EXHIBIT A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ----------------------------------------------------------------- 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 ----------------------------------------------------------------- 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. ----------------------------------------------------------------- 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. s E-: r 4► •�Y %b v -� a `Z Q' x L � � r%. Q kz Q Q '� • 4 -a 4- ac !� c UA ti S � rw ATt�A ,� bl � ni h4pz � s �� n ! °? a /�p RCS /37 7"f F 47 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 i? C26) isdc / w { R ) "e \ ) J d ,I � A 'Y 2 - ) 1 H z•'� i Y ♦P M , V•, .Z nl } c 'a t+ .� 1 �J .t. 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D s D OIL - I s)O"Ep i fy CITY OF DUBLIN PROJECT LOCATION MAP PA project Title mo-c!�-Eft Ar1-5 £ 0.0 of oz 0.4 .0.5 05 0.7 0.8 o9 1.0 mile AAdress 11 Plaza•- ho cfr. - 23/16 inches-1 mile 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