HomeMy WebLinkAbout5.2 Holland Use Permit Appeal q is-
AGENDA STATEMENT
CITY COUNCIL
MEETING DATE: February 13 , 1984
SUBJECT: An appeal, by Charles Holland, of a
Planning Commission action on January
16 , 1984 , which denied his Conditional
Use Permit application for outdoor sales
activities
EXHIBITS ATTACHED: 1 ) Draft Resolutions :
a) denying appeal;
b) approving appeal
2 ) Letter of appeal
3 ) Planning Commission Staff Report
dtd January 16, 1984
4 ) Planning Commission Staff Report
dtd December 19 , 1983
5) Planning Commission minutes for
meetings of December 19, 1983, and
January 16, 1984
6 ) City Council minutes for meetings
of March 15, 1982, and April 5,
1982
RECOMMENDATION: 1 . Hear Staff presentation
2 . Open public hearing
3 . Hear applicant and public
presentations
4 . Close public hearing
5 . Adopt Resolution denying appeal
FINANCIAL STATEMENT: None
DESCRIPTION: Mr. Holland is appealing a Planning
Commission action taken on January 1:6, 1984 , which denied
his Conditional Use Permit application to sell brass novelty
items on 10 to 14 separate dates in` 1984 , at the AM/PM
Minimart parking lot, located at 7249 Village Parkway. Mr.
Holland had previously been granted an Administrative -
Conditional Use Permit by the Planning Commission on
December 19 , 1983 , for a one-day sale .
In denying the request, the Planning Commission expressed
their concern with the competitive edge the peddler would
have over the established city merchants ; that the use
conflicts with the Zoning Ordinance, which restricts-'retail
sales to enclosed buildings ; and that the approval of the
application would encourage additional peddlers to sell
their arts and crafts outdoors in Dublin, resulting in
traffic control, theft, and enforcement, problems .
The Resolution attached to the January 16, 1984 , Staff
Report specifies the basis for the Planning Commission
action. Staff has also attached the December 19 , 1983, and
January 16 , 1984 , Staff Reports which contain the
appropriate background information.
-------------------------------------------------7---------------
ITEM NO. r� � COPIES TO: Applicant
In his letter to the City Council, Mr. Holland associates
his peddler business with Christmas tree lots, pumpkin
patches, and the low-cost pet vaccination clinics, all of
which have been approved by the City. It is Staff ' s
position that peddler activities are completely different
from the uses mentioned by Mr. Holland. The Christmas tree
lots and pumpkin patches, by nature, are annual events which
are traditionally operated outdoors . The low-cost pet
vaccination clinics are a public service which act to
prevent rabies and other diseases . On the other hand,
peddler activities are a day-by-day, weekend-by-weekend,
business which cannot be classified as a public service .
At the January 16, 1984 , Planning Commission meeting, one of
the commissioners suggested that the peddlers should
organize themselves and study the possibility of having a
weekend flea market, at a fixed loction. In this manner,
the peddlers would be allowed to market their goods, be
restricted to one location with adequate parking and traffic
control devices, and create an attractive arts and crafts
display. It is Staff ' s position that this flea market
arrangement may be a reasonable solution to the problem.
In conclusion, there is a multitude of peddlers within the
Bay Area who have a wide range of arts and crafts they wish
to sell, in Dublin and surrounding cities . To allow the
peddlers to sell their goods on private property, at busy
intersections, would result in traffic control, theft, and
enforcement problems . Further, these activities will
conflict with the established city merchants who have made
substantial physical improvements to their property such as
buildings, driveways and parking areas, curbs, gutters and
sidewalks, and landscaping.
Staff recommends that the City Council adopt the Resolution
denying the appeal . If, however, the City Council decides
to approve the appeal, Staff would recommend that the City
Council first make appropriate findings and conditions, then
adopt the Resolution approving the appeal .
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
-----------------------------------------------------------------
DENYING PA 83-091 HOLLAND BRASS SALES CONDITIONAL USE PERMIT
TO SELL BRASS NOVELTY ITEMS TEN TO FOURTEEN SEPARATE DATES IN 1984
WHEREAS, Charles Holland filed an application for a Conditional
Use Permit to allow an outdoor sale of brass novelty items on several dates
in 1984 , at 7249 Village Parkway; and,
WHEREAS, the Planning Commission did hold a public hearing on said
application, on January 16, 1984 ; and,
WHEREAS, proper notice of said hearing was given in all respects
required by law; and,
WHEREAS, the Planning Commission, at said hearing, adopted a
Resolution denying Charles Holland' s application; and,
WHEREAS, Charles Holland appealed the Planning Commission action
to the City Council; and
WHEREAS, the City Council considered said appeal at a public
hearing on February 13 , 1984 ; and,
WHEREAS, proper notice of said 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 that the
application be denied; 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 deny Charles Holland' s appeal on the basis 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.
PASSED, APPROVED AND ADOPTED this th day of
1984 .
.s
AYES :
NOES:
ABSENT:
ATTEST: Mayor
City Clerk
DP 83-20
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
-----------------------------------------------------------------
APPROVING PA 83-091 HOLLAND BRASS SALES CONDITIONAL USE PERMIT
TO SELL BRASS NOVELTY ITEMS TEN TO FOURTEEN SEPARATE DATES IN 1984
WHEREAS, Charles Holland filed an application for a Conditional
Use Permit to allow an outdoor sale of brass novelty items on several dates
in 1984 , at 7249 Village Parkway; and,
WHEREAS, the Planning Commission did hold a public hearing on said
application, on January 16, 1984 ; and,
WHEREAS, proper notice of said hearing was given in all respects
required by law; and,
WHEREAS, the Planning Commission, at said hearing, adopted a
Resolution denying Charles Holland' s application; and,
WHEREAS, Charles Holland appealed the Planning Commission action
to the City Council ; and
WHEREAS, the City Council considered said appeal at a public
hearing on February 13 , 1984 ; and,
WHEREAS, proper notice of said 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 that the
application be denied; 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 approve Charles Holland' s appeal on the basis that:
Conditions : (to be completed)
DP 83-20
BE IT FURTHER RESOLVED that the City Council does hereby
conditionally approve said application as shown by materials labelled
Exhibit "A" , on file with the Dublin Planning Department, subject to the
following conditions :
1 ) The brass novelty sales shall be set up in conformance with Exhibit
"A" , on file in the Dublin Planning Department;
2 ) The sales shall be for days only, between the hours of 8 : 00 a.m.
to 6 : 00 p.m. ;
3 ) The sales shall not obstruct the normal flow of pedestrian or vehicular
traffic within or adjacent to the AM/PM Minimart;
4 ) No signs or displays shall be erected on public property;
5 ) The site shall be left in its original condition immediately after each
sale;
6 ) The time and date of each sale shall be approved by Staff;
7 ) The sign display for each sale shall be limited to 24 sq.ft. and shall
not obstruct the line of sight for pedestrians or vehicular traffic .
PASSED, APPROVED AND ADOPTED this th day of
1984 .
AYES:
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20
"HOLLAND'S"
OBJECT'S in BIUSS
7009 CEDAR LANE TELEPHONE:
DUBLIN, CA 94566 (415) 828-8154
Avd?e/w or Ae C.i..taj Cvunci.4
tfwugfc Sze Cy (own&l ion caaefid,l conai,dened ny
appli..cativn fva. an .irv�ezniherd zeiai.L 4aA4 pem i', I Ae. Ae
Commim.i-vn, in .i td cvncenn Pa the ci tise w, .incol? eci,y wza- yjed ny
6u une,m as ;thaf o� a 4z'nee� verd0A.
Sz' ee t vertdo zd ate A04e pea4orw ghat 6Ai ng AetA meaczcma e in -iv
a wm bj and 4e-;t iheiA mendzandi4e up on arui avai. aUe w nee o)z
vacant pub li c przvpeaty fvca ion. They mart' oa ma not be Pl' y 0/
jyr-4°y lihe, and Aeu nail oa mcuy nat pay �axea. On the oAe2 hand .mr
6uAL ne44 14 nvi- on the d;�Aeei, but on piu_.vate pirvpe bj atiA ,the ownez4
a�r�ent. I di4p-laq nub waae-4 on an in�irequent 6a� 6ut a�`_p/td a l l
my cu.�#vmeza Ae vppvtifuni ,y #v mahe contact utZA, me by tine o� a zone
6oA Z:4,�-n , Aecei p;�4, and 6ujinem calrdj. 1,4- deew A& Aeae
awng oAe-r, poir� muhed me an Dublin bwli-n and no-i a
.o;tAee;,-' venLA o a pedrLlea.. -
The.idea o� 4;(izee:t- vendZnq being de�'icac&ve #v a cLiy id uci th me.&U
t
arad 4hoa.d be wai/v filed. d' 6zv new, a4 f-zz ai' I am conceruzed i j an
edtabb:4hed 6u4 ne,m a4 I have been diAp a," and detZLng my meackandiAe
fv2 ;tAe pajt 4 yea/z4 at the flame locaiior4 and ;�o mrm hnvculed�re, zFV t
wUhvut comp. t&Li 4, ne4aa&nq palzfwg, ;tma Ac, vn po li..ce pwUemo, anc
.uUA a4 much pie and aeb:ab.i.li tcy as ,rr».t pevmnent 6u4 n.eaae4.
au-j jej Duda a4 mine ate a lizead�t peaent in Dub)in .cn Ae P,/zm
o� Chi 7ad Tizee Low, and %umphin, 4aA4. Theae .ice a l dv a pet
vacccnaioa cti.ni.c A& Ae Cry Cvunci.,l panted a conditional uee
pezmd t 40. AU v4 Ai4 and moue .cA exp ar ed in de&u,l to Ae enc lvaed
at�udunerLt.
"HOLLAND'S"
OBJECTS in BRASS
7009 CEDAR LANE TELEPHONE:
DUBLIN, CA 94566 / (415) 828-8154
page 2
I AupeapJ-lcg 6o4e Puy appeal on the Pae-going and the aUao6zent
enalojed.
On Yanuavj 16, N84 I aeque.ied and ux4 denied a -coed iion d u4e
pelzmU 0 con-Benue ;to de U my 6aam .t terra at Ae I IMI l<bt &zhei
at VLUage Panhwy a,�d tlmcadoa V aV e�y &vd. T he Nanning Comru a.ion
zi&ed At Ae<<y dial nod want ;to .jet aruy pnecedemid, oa �4,o have
uho.leaa le d;6,ree-i peddCing, a4 Zc uaj put. I agaee #hat AiA 4old
o� Aung .i j nod cledi zaie aj i-;t could made Ae ci-ht &A .lihe a gi.an;ft
:lee manhe;. Theae a e waV & con;iw. ouidooa ,ze&a .ja d .6o co
not ;to made .i:t adve,%4e ;to cc:ty appeazaace but .4o And opx'n tug i bj
v Ae aejiden;tA o� Ae CZ y o� Dublin and put mn;iw,14 on outdooa
ae&a ja j at the .fame Mme.
I have been diApla,a mac me2chandiAe PA appwximste.y 4 cgeam and
Ai.nh A& I have mai a&ined an aibzactive and neat diapJay. I have
hcad no mmp4djLt4 �wm cuw,omew, the ownea or the popeatg, Ae p9j.Lce,
oa amj OA" pelwon At I am autme o� I nun mg 6u.j neap aj mJj,4-
6udi.neme4 aae nnani -io be ,u" I have -a ireb.&m p-),Lcrg #had a,Llouh =
cu. d-&ffeu ;to' exo�ave meaeh.andije wren Aerg c enri- happcg UXA .4hei,%
puac w, u, and a l w Mahe onde u ,.ova meadiandwe A& I don'i have in
.olio ch. I prf dale. ;t� q avr tea�y Pa all jaA4 and Du6An 6eni
�wm A.L4 a4 Du6lia .,EA rra home o4 aemnd and aecei_vea a peAceniage of
a,U ;&mea At I WVeet fiwm 4aA4 u,Z h,i.n oa uu-tout Ae Cam. I
have a loo b:ji-ed mcg 6u4ine m p�one nc mr ct in Ae- Va Ueg Clone
•ain.ce we 6ergan ocuc 6U4i.ne44 .do cud;6ow-,w weld call i. 'hey h.cad a
.jpecLac need oz pno6,lem. 06 ject4 in Gnaw Zj 1i ;ted udA Ae Du6An
Li6aang Pa ac�eaence ;o aiuy quea;Lorw ancearii.ng 6nalm, and I have
anoweaed que4 ivnd and liven my beet cadvi4e Zo pe,%wn4 ae/enaed ;to tm
on o ccaji,on.
"HOLLAND'S"
OBJEC'T'S In BRASS
7009 CEDAR LANE TELEPHONE:
DUBLIN, CA 94566 (415) 828-8154
page 3
Cvnceluwug ou;tdova ae&a j'a. e4, o)z &Aee� vending, tAe %!annum.
Cvnsni.m.i on •dtate4 that .mot uto the v p&u on v T u6 Cin" that tAeire
dlwu-d be none. 'then Duub in /Lu;t became .cncoapoaated the Ci-iy
Cvunca aadvc4ed me at one vl' tAe .4eveaal meetin94 tAa,;6 I attterxled
A& ;tAeit concean waj nod wiA ouutdooa. zeiaa 4a&j .jucA co mine
6u-.t with the .dtneet vendoad that .yet up on pu6.Ci-c paopea� and
caujed ttua44c 0vnkejxivn aril dangeavuj ccncluw;tance4 due , the
.location of AeLz &dpGz. The CUy Cou aci,l at the flame time •Mated
#hat a peawvn on pa i.vate plwpe zbj in a 6a-j ine 4 di4;ftLci, u)r. ;&e
con jent o� the owner and caea;t- no uida6A paoVem and nod a
concean tv Am
TAe %larva n�. Communion also .4t&ed Azi ii aw vA pit the 4a-lc4 v4
Ch?'. iM4 ticeea pa i.o,% tv Ckv:Abna4 and T um[ALrw pa i on ;b HaUoween.
TAe,je too, ar,,e vu;tdovn aetaa 4aA4. The Common .aaid tAat Ae-ze
uw a •dped-a, need uAi_ch Li nod 4o ad theae ate 4eveaal local -
e ata6 Ci.Aed me2chan tA cn Dub An that v11ez the .dame Aing4 tv aea c dente
04 Dub'&A at the paopelz tined. Lt .cad al do my undea d i"xlin A& the
Ci',z Cound,. pAanted a r1ob.i,le pet unit .tv jet up .cn. Dub Cur. on an
.inAequent baaud and give vaccinatiorw,ty a.e4.ideni-4 anL7m4d uAea
tAeae aae a nurr6ea. of- veteAunatij c .nicd that ate local aril able to
pea,pam the •fame .j eavice4. I can'Z gee the di 4�eaen.ce in these
4eavkce4 that alw- a ze4 avai.lab�e .in Ae Ct f o4 Duub.&n by lo cat'
w-Aozantd and the Ziema that I jeU that P z the rrv.dt pant aite not
avaUt,6 A .lo ca%.
I i4 m<j aerue-Jt that the decizion o� the CZiy P4mning. Coaux*44ion
be o ver itmed and A& I be gl=ied a conditional uu d e pe,%%U #o allow
"HOLLAND'S"
OBJECTS in BRASS
7009 CEDAR LANE TELEPHONE:
DUBLIN, CA 94566 (415) 828-8154
pare 4
me to con-4-ime io 4e U my rrae/to6zc1 4e on an .in f equent baaij of the
4ame location ghat I have been 4etLng .i t Pa, the past 4 cyealw.
TAL4 can be done cn a manneir. .&d-,(aa to oAe-A peiuru_tted outdooa
ne�Qi.L •�crfe�.
I atecowR4d the foVouung iemw aj ze wonao J-e aondiliorw fo z Ae
aedaf on oA ou;f,Lo.z zeiai.0 .ja,Ce4 and I u u U be wiV-ing to comply
uii_th any and a U zu-w-lorz -"rm th.e Council .night .cm�x»e on my
bcr.�.cne44.
1. L L%U Ae nurd�e2 of day w A& a vendo2 mazy di Ap.mj and 4 e U
theiA mRAo6kiL4e i.n each rrontA arxl u ea/z.. (iw rrv/ze Am hLii ce
dn one month and 16 tunes a geaA)
2. Ru ii-a Ae .dale o� 2e&a meaoiandi ae ;to p/' i.vate piropeAhj
-located u L&in a C N di 4;e c ct. -
3. /Tequine ruzitten pemw!4,aion of Ae oume1V Leaje-1w,2ea of the
p'i°l�J•
4. ?equine #IzcLt the piro pen ty mrcat be aUe to hand,Le the .i.ncAeaae
of vehi laa ;tAalAc uiZAout cau4ing any coruge4ti.on of ;tA4 i.c
on o2 og tke piu peirty.
5. Regw: e #hat the diAp.(arj mti be .in non-tnaf�c poltiiorw of Ae
pnopentry.
c c INIT®I.LAND'S"
OBJECTS in BRASS
7009 CEDAR LANE TELEPHONE:
DUBLIN, CA 94566 (415) 828-8154
page 5
6. Do noi- atloto rw/te khan one vendoic io di4p-lar� meao4ardi je on
'Ae -darn piece OA pizop&a ,u at anij one dime.
7. RegguiAe the .deUeA ;to pwvi_de inpmnation P2 cu4&w- cvmplaZn
,o 6e in Aecn �ae fon /tmume cmm#vmelm ze f e2ence.
8. ?equiAe venzvl&j #o have a vab:d Cal L/oAn i.a ?eoale Lice me.
9• ?eqmci/me non-imee irlentA v pad a ee hat uvu ld pa y /on piro ce44 ng
and "w Dubbn. ;10 2ecoup lax .om due ;6o the vendoa. 6" �wm
out ide Ae C.itf of Dub lin.
l0. %,ejuiAe Ae vendo2 �o no�4-i.�y him .inie L on l4o -deU and diAp wz
mez&wf&Ae 48 houirj paio2 ;to -jetting up. Thj twa,ld a!,(wo
Piz po-li.ccng piroUerw cAeated 6y a venxlv2 at any .location..
!!. Requi Ae A& Ae po ivd i.al to cation have both incdooz and
outdoo2 4alej at Ae &m oA appacati.vn. (ie -dezvice z&fi..oad)
12. Don�;t a &w vendor 4o pout .ji-grw on pu6,Lc vA paivate pwpeldy
poaa64 wudin a ;tA4f i.c hap/&I.'
-
?et puke ghat Ae p wpeld# iv 6e uti 3ed have adegwde pmV ing
-to acwmrodate av ment clvj#omezj and the added pa�,ww o� Ae
vendo.a.
"HOLLAND'S".
OBJECT'S in BRASS
7009 CEDAR LANE TELEPHONE:
DUBLIN, CA 94566 (415) 828-8154
page 6
I f eel A& Aeee a ae �aiA and app. i-ca�J-e ob. i 9af one o� Ae vendor
and.A& if chef caz lneet' Aeje aegjdAe7ent4 and have a decent diAp-14
the Ci;ty of DubAn wu& nod be of a &m but uvuld be able to
a�pltd ", irdente an oppoAbwuhj ;to have ben,-ALL a� 4e zvLce4 Awt mach
nod az eady be orprced in Ae area.
?e4pectAd4 4ubmi;te, ,
CA== U 6. How
owne'?"/ Ob jeCi4 in BIWM
7009 Ce OA Lane .
DubArn C 9/�8 _
(415) 828-8154
• r`
C-N DISTRICTS
4 8-47.0 NEIGHBORHOOD BUSINESS DISTRICTS: INTENT. Neighborhood Business
Districts hereinafter designated as C-N Districts, are established to
provide for the development of small convenience shopping facilities
in areas which are predominantly residential, at locations where such
facilities can be grouped without detriment, and to protect them by
excluding uses which would tend to reduce their effectiveness as a
neighborhood service.
•.,:;'��• .;,.,• •„sECTioN t' +,. pa U es
� £::^;:,�':�L':4'•.:;"•:•Gi�i 1.r. , ..ti'_ :�C.•.•:'ti'n i?T ;.•. ,...�`��`:. ycy�'a>3� Pri C
�.` Section8•d7•t,ofTitleBoltheAlamedaCountyOrdirianceCodeisherebyamendedtoTead
as follows::=;'.. •�i,��l'_:,'_:rf.'•tj.a..{,:z:h�_+�;:'t
^x,8.47.1 Permitted Uses C-N Districts.The following Principal Uses are permitted in a C-N
Di IfIC t. - ter:'•.a.• .s.-..•.._.... :.i-p:...,., j -f;.'r•. ••. i}:=ic a• 1
..... s. .a .. :• /
.1aund a nc
- a) Bank,barber shop,beauty parlor,cleaning or laundry agency,restaurant,self-service g
'laundry;_L"i'f' ..�, '':`-..yh'n;•=: i'r;i.ti'`dyj ut�:.a. �:�•;..'•.: ?�'L`. �' -`;
Store for.sale.at retail of books;clothing,.drugs,-f,lowers. food, hardware, musical j{
'I 9 oods•photo ra hic„su Mies, acka ed liquor..varier goods or household su ilies NTU 5, f 1 We S,
PP,
(.
retail sales of auto parts,but no�to include parts machining or any non retail services;'..flp ie , ac ag dC rr fL
_ -c) Office or office•building. ..::':
VliuJ`ill iiuuac iiulu� +'upp.ileS•.
C) Off
4 8-47.2 CONDITIONAL USES: C-N DISTRICTS. In addition to the uses listed
in Sections 8-60.60 and 8-61.0, the following are Conditional Uses in a
C-N District and shall be permitted only if approved by the Zoning
Administrator as provided in Section 8-94.0:
a) Public utility substation, not including service yard, storage
of materials, or vehicles, or repair facilities;
b) Parking lot;
c) Service Station, Type A;
d) Drive-in Business.
(Amended by sec. 16, Ord. 70-57) _
' 187.21 Slts Development Review:C•N Districts:Any structure 1,000 sq.1t.or more or
;any construction aggregating 1,000 sq. ft..or,more placed since July 9,.1977,shall be l
subject to Site Development Review pursuant to Section 8-95.0;unless zoning approval Is
.;granted upon the determination that the construction constitutes a minor project end that.:
.'the Building Permit plans are ln•accord with the intent and objectives of the Site Develop-,. C r 1�
ment Revlow procedure..,.; ::Y. i ti.z'•:. ��_3.•..:a�..s.►c :r�:s,_r=.:c x::!
:t
. i
(Amended by sec. '4, Ord. 69-83)
4 8-47.3 YARDS: C-N DISTRICTS. The yard requirements in C-N Districts
shall be as folbws, subject to the general provisions of Section r
8-60.33:
Depth of Front Yard - not less than twenty (20) feet;
Depth of Rear Yard - none, except that where the abutting lot at the
rear is in an R District there shall be Rear Yard having a
depth not less than fifteen (15) feet;
Width of Side Yard - none, except that where the abutting lot at
j the side is in any R District, there shall be. Side Yard having
a width not less than the minimum required in such R District
and the Side Yard on the street side of a Corner Lot shall be
not less than ten (10) feet,
§ 8-47.4 HEIGHT OF BUILDING: C-N DISTRICT. No Building or Structure
in a C-N District shall have a Height in excess of thirty-five (35)
feet except as provided by Sections 8-60.9 and 8-60.10.
§ 8-47.5 SIGNS: C-N DISTRICT. Signs permitted subject to Section
8-60.68.
Type: Business Signs.
Size: Area of all signs not to exceed one (1) square foot for each
one (1) lineal foot of either Primary Building Frontage or Secondary
Building Frontage, up to a maximum of one hundred (100) square feet
for each business; provided, however, that twenty-five (25) square
feet is guaranteed to each business.
Location: Wall Signs only.
Character: ' No sign shall be flashing or intermittent, contain moving
parts, or be located so as to be directed towards lands in any ad-
jacent R District.
(Amended by sec. 3, Ord. 74-1)
g 8-47.5. 1 SERVICE STATION SIGN DISPLAY STRUCTURE: C-N DISTRICT. Subject to
5ect-i-ot--8-64v-&8, one Service Station Sign Display Structure, 32 square feet
total area or when combined with .the .Service Station Price Sign permitted by
Section 8-60.65(p) , 64 square feet total for the entire structure, Such sign
shall not exceed six (6) feet in height. The Business Sign portion shall be
included as part of the aggregate sign area permitted on the property; however
the supporting members and design elements shall not be so included and the sign
may be freestanding and may be located within a required yard. Every such sign
shall be subject to Site Development Review pursuant to Section 8-95.0.
(Based on sec. 1, Ord. 75-80;- amended by .sec. 1, Ord. 76-11) -
§ 8-47.6 OPEN USES EXCLUDED: C-N DISTRICTS. All Principal Uses per-
witted in C-N Districts shall be conducted entirely within a Building
except a Parking Lot, an electrical substati6n-; and the servicing of
automobiles with gasoline, oil, air and water.
§ 8-47.7 OTHER REGULATIONS: C-N DISTRICTS. All uses in C-N districts
ehall conform to the performance standards of this chapter for M-P
districts as set forth in Section 8-50.1.
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CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date : January 16 , 1984
TO: Planning Commission
FROM: Planning Staff
SUBJECT: - PA 83-091 Charles Holland Conditional Use Permit
to Allow Outdoor Sale of Brass Novelty Items
GENERAL INFORMATION -
PROJECT: A Conditional Use Permit application by Charles Holland
to allow outdoor sale of brass novelty items on 10 to 14
separate dates in 1984 , at the AM/PM Minimart parking lot,
7249 Village Parkway .
APPLICANT: Charles Holland
7009 Cedar Lane
Dublin CA 94568
PROPERTY OWNER: Atlantic Richfield Co_
c/o 7249 Village Parkway
Dublin CA 94568
LOCATION : 7249 Village Parkway
ASSESSOR PARCEL NUMBER : 941-197-79-4
PARCEL SIZE: Approximately 30 , 000 sq. ft .
EXISTING ZONING AND LAND USE: AM/PM Minimart, Zoned C-N
(Neighborhood Business) District
SURROUNDING LAND USE AND ZONING:
North: Commercial, C-N
South: Commercial, C-N
East : Commercial, C-2-B-40-
West : Commercial, C-2-B-40
ZONING HISTORY: On December 19 , 1983 , the Planning Commission
granted Mr . Holland an Administrative Conditional Use Permit
for 'a one-day sale of brass novelty items on the AM/PM
Minimart site .
APPLICABLE REGULATIONS :
City policy requires a Conditional Use Permit for outdoor
sales or peddler activities if .the applicant requests more than
one sale in a 12-month period.
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 performance standards established for the district in
which it is located.
------------------------------------------------------------------
ITEM NO.
proposed in established parking areas ; 2 ) theft problems
stemming from the open display of arts and crafts ; and, 3 )
consumer protection problems due to the transient nature of
the peddler business .
There are several peddlers within the Bay Area region who
wish to sell their arts and crafts in the City of Dublin .
If the Planning Commission grants a Conditional Use Permit
for a peddler to sell his/her goods on several dates , the --
City may be faced with similar applications in the near
future .
Up to this point, it has been the policy of the City to
enforce the current Zoning Ordinance and restrict retail
sales activities to enclosed buildings within the commercial
areas of the City . The only exceptions have been for public
services ( such as pet vaccination clinics) and several
specific events customarily operated out-of-doors (Christmas
tree lots , neighborhood and church festivals ) .
RECOMMENDATION
FORMAT: 1 ) Hear Staff presentation
2 ) Open public hearing
3 ) Hear applicant and public presentations
4 ) Close public hearing
5 ) Adopt Resolution denying request or
continue hearing
ACTION: Staff recommends that the Planning Commission adopt the
attached resolution denying PA 83-091 : Charles Holland' s
request for a Conditional Use Permit to allow outdoor sale
of brass novelty items on 10 to 14 separate dates in 1984 ,
at the AM/PM Minimart parking lot, at 7249 Village Parkway.
Should the Planning Commission decide to approve the N
application, Staff would recommend continuing the item for
Staff to prepare appropriate findings and conditions .
ATTACHMENTS
1) Draft Resolution
2 ) Location Map
3 ) Site Plan
4 ) Letter from Charles Holland
COPIES TO _
Applicant
A+
-3-
RESOLUTION NO .
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------
DENYING PA 83-091 HOLLAND BRASS SALES
CONDITIONAL USE PERMIT TO SELL BRASS NOVELTY ITEMS
TEN TO FOURTEEN SEPARATE DATES 'IN 1984
WHEREAS, Charles Holland filed an application for a
Conditional Use Permit to allow an outdoor sale of brass novelty
items on several dates in 1984 , at 7249 Village Parkway; and,
WHEREAS, the Planning Commission did hold a public
hearing on said application, on January 16 , 1984 ; and,
WHEREAS, proper notice of said hearing was given in all
respects 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 that
the application be denied; 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 :
t
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. -
PASSED,. APPROVED AND ADOPTED this th day of
1984 .
AYES :
NOES :
ABSENT :
Planning Commission Chairman
ATTEST :
Planning Director
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OBJECTS in BRASS TELEPHONE:
7009 CEDAR LANE (4-15) 828.8154
DUBLIN, CA 94566
Decer4 en l41 1983 ---
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CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date : December 19 , 1983
TO: Planning Commission
FROM: Planning Staff
SUBJECT : PA 83-090 Holland Brass Sales Administrative
Conditional Use Permit
GENERAL INFORMATION
PROJECT: An application for an Administrative Conditional Use
Permit to sell brass novelty items at the AM/PM
Minimart', at 7249 Village Parkway
APPLICANT : Charles Holland
7009 Cedar Lane
Dublin CA 94568
REPRESENTATIVE: Charles Holland
PROPERTY OWNER: Atlantic Richfield Co.
1177 California St . 1123
San Francisco CA 94108
LOCATION : 7249 Village Parkway
ASSESSOR PARCEL NUMBER: 941-197-79-4
PARCEL SIZE : Approximately 30 , 000 sq. -,ft -
EXISTING ZONING AND LAND USE : AM/PM Minimart, Zoned: C-N
(Neighborhood Business )
District
SURROUNDING LAND USE AND ZONING :
North: Commercial, C-N
South: Commercial , C-N
East : Commercial, C-2-B-40
West: Commercial, C-2-B-40
ZONING HISTORY: On December 12 , 1983 , the City Zoning
Investigator noticed Mr . Holland selling brass novelty items -
at the AM/PM Minimart during routine inspections . The =
Zoning Investigator notified Mr . Holland that he needed a
permit from the Planning Department for this use .
On December 14 , 1983 , Mr . Holland met with Staff to review
Administrative Conditional Use Permit and Conditional Use
Permit application requirements . Staff notified Mr .. Holland
that his Conditional Use Permit application would not
receive a favorable Staff recommendation . Staff also
instructed Mr . Holland not to sell his brass items until he
received an Administrative Conditional Use Permit or
Conditional Use Permit .
On December 14 and 15 , 1983 , Mr . Holland filed his
Conditional Use Permit and Administrative Conditional Use
Permit applications . Staff informed Mr . Holland that we
would refer his Administrative Conditional Use Permit
application to the Planning Commission for their
December 19 , 1983 , meeting -
--------------------------------------------
TMVM Mn
APPLICABLE REGULATIONS :
Section 8-60 . 60 . 1 Temporary Uses . Administrative
Conditional Uses : provides in part, that minor, temporary uses of
land, such as Christmas tree lots , neighborhood and church
festivals, and firewood lots , shall only be approved by the
granting of an Administrative Conditional Use Permit by the
Zoning Administrator . This section grants the Zoning
Administrator the authority to approve said uses, if he makes
findings that the use is consistent with the requirements and
intent of this Chapter . The Zoning Administrator also has the
authority to deny said permits or to approve them with
conditions .
Section 8-60 . 60 . 2 . Administrative Conditional Uses:
Violation . Once an Administrative Conditional Use is
established, all of the conditions specified in the Permit ' s
approval shall become operative and the violation of any of them
shall constitute a violation of this Chapter.
Section 8-91 . 0 and 8-91 . 1 allow the Planning Department to
refer an application to the Planning Commission if there is some
questions or interpretation as to the permitted or conditionally
permitted nature of the use .
Further, the City of Dublin Ordinance establishing the
jurisdiction of the Planning Director and Planning Commission
allows the Planning Director to refer various applications to the
Planning Commission for consideration .
ENVIRONMENTAL REVIEW: Categorically exempt
NOTIFICATION: This is not a public hearing, therefore, notice
was given only to the applicant and through listing on the
Agenda.
ANALYSIS :
Although the Zoning Administrator has the authority to act
on an Administrative Conditional Use Permit, Staff
determined it appropriate to refer this application to the
Planning Commission due to the policy issues raised
regarding peddler activities .
The application now before the Planning Commission is for an
Administrative Conditional Use Permit, for a one-day sale,
only . As noted above, Mr . Holland has filed an application
for a Conditional Use Permit to hold several sales during
1984 . This application will be heard at a later Planning
Commission hearing .
There are generally two opposing viewpoints with respect to
peddler activities . One view is expressed by the peddlers
who feel that their sales activities allow them to market
their products and, therefore, it is consistent with the
free enterprise system. The peddlers also state that they
cannot afford to locate within an enclo_red building due to
the limited nature of their business .
The other viewpoint is usually expressed by the established
City merchants and the Chamber of Commerce who feel that the
peddlers have a competitive edge over lccal businesspersons,
that they do not pay local sales taxes , and that strict
control is needed to ensure that peddle= activities are kept
to a minimum.
-2-
RECOMMENDATION
FORMAT: 1 ) Hear Staff presentation
2 ) Hear applicant and public presentations
3 ) Adopt Resolution approving or denying request, or
continue hearing
ACTION : It is Staff ' s recommendation that this request is a
policy decision which should be made by the Planning
Commission . Accordingly, Staff has attached two draft
resolutions : one approving the request ; and one denying the
request .
ATTACHMENTS
1 ) Location map
2 ) Draft resolution approving permit application
3 ) Draft resolution denying permit application
4 ) Site plan
5 ) Letter from Mr . Holland, dated December 14 , 1983
COPIES TO
Charles E. Holland
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CITY OF DUBLIN N
PROJECT LOCATION MAP .
Project- Title H(9110- nc- 6r<<5S 00 o`i az 03 m 0 05 07 0.8 0.9 mile
Address �,^ �'9 �iIla �.� PcLrKU,)a`f '
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------------------------
APPROVING PA 83-090 HOLLAND BRASS SALES ADMINISTRATIVE
CONDITIONAL USE PERMIT TO SELL BRASS NOVELTY ITEMS FOR ONE DAY
ONLY AT 7249 VILLAGE PARKWAY
WHEREAS, Charles Holland filed an application for an
Administrative Conditional Use permit to sell brass novelty items
for one day only at 7249 Village Parkway; 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 that
this application was a policy decision ; 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 :
� ) The one day sale of brass novelty items is consistent with
the intent of the Zoning Ordinance as the use is be located in a
commercial district;
2 ) The use, as proposed, will not conflict with pedestrian or
vehicular traffic movement;
3 ) A brass sale will not be detrimental to the established
Dublin merchants because it will be for one day only;
4 ) The sale will allow the applicant the opportunity to market
his products without renting commercial space; and,
5 ) The sale will allow individuals to purchase specialty
products in an open atmosphere . _
BE IT FURTHER RESOLVED that the Planning Commission does
hereby conditionally approve said application as shown by
materials labelled Exhibit "A" , on file with the Dublin Planning
Department, subject to the following conditions :
r`
1 ) The brass novelty sale shall be set up in conformance with
Exhibit "A" , on file in the Dublin Planning Deaprtment;
2 ) The sale shall be for one day only, between the hours of
8 : 00 a .m. to 6 : 00 p .m. ;
3 ) The sale shall not obstruct the normal flow of pedestrian or
vehicular traffic within or adjacent to the AM/PM Minimart;
4 ) No signs or displays shall be erected on public property;
5 ) The site shall be left in its original condition immediately
after the sale;
l
6 ) The time and date of the sale shall be approved by Staff ;
7 ) The sign display for the sale shall be limited to 24 sq. ft .
and shall not obstruct the line of sight for pedestrians or
vehicular traffic .
PASSED, APPROVED AND ADOPTED this th day of _
1983
AYES :
NOES :
ABSENT :
Planning Commission Chairman
ATTEST:
Planning Director
DP 83-20
1
RESOLUTION NO .
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------
DENYING PA 83-090 HOLLAND BRASS SALES ADMINISTRATIVE
CONDITIONAL USE PERMIT TO SELL BRASS NOVELTY ITEMS
FOR ONE DAY ONLY
WHEREAS, Charles Holland filed an application for an
Administrative Conditional Use Permit to sell brass novelty items
at 7249 Village Parkway; and,
WHEREAS, the Planning Commission did hold a hearing on
said application, on December 19 , 1983 ; 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 that
the application involved a policy decision; 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 :
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
require retail sales within an enclosed building.
PASSED, APPROVED AND ADOPTED this th day of
1983
AYES :
NOES :
ABSENT:
Planning Commission Chairman
ATTEST :
Planning Director
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"HOLLAND'S" --
OBJECTS in BRASS
TELEPHONE:
7009 CEDAR LANE (415) 828-8154
DUBLIN, CA 94566
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% Ce l . Lane
Dub L n, Ca. 94568
(415) 823-8154
.,. 1.Lr.twrr. r A XAV4Z — RFns — MIRRORS — COLLECTIBBLES
OR COMMUNICATIONS
None
WRITTEN COMMUNI TION
None
PUBLIC HEARING
PA 83-059 BUSICK PROPERTIES
CONDITIONAL USE PERMIT
This planning application had been con ' nued from the
November 21, 1983 , Planning Commission m ting, by request of the
applicant. On December 15 , 1983 , Staff re ived another request
to continue the hearing until the next Commi ion meeting .
Staff recommended that the hearing be continued the Tuesday,
January 3 , 1984 , Planning Commission meeting (Mond a January 2 ,
1984 , is a legal holiday) . It was suggested that, si ce Staff
has had some difficulty in obtaining the applicant ' s co liance
with certain conditions, the Commission specify that addi ' onal
continuances would not be granted.
All Commissioners agreed to Staff ' s recommendation, and the
public hearing on PA 83-059 Busick Properties Conditional Use _
Permit was continued until January 3, 1984 .
NEW BUSINESS
PA 83-090 HOLLAND BRASS SALES
ADMINISTRATIVE CONDITIONAL USE PERMIT
The Zoning Administrator reviewed the application for an
Administrative Conditional Use Permit to allow the one-time
outdoor sale of brass novelty items, at 7249 Village Parkway
(AM/PM Minimart) . He explained that the current zoning (C-N -
Neighborhood Commercial ) allows the sale of merchandise within an
enclosed building, only.
A brief history was given, of events leading to -the referral of
this item to the Planning Commission . It was pointed out that
past determinations have not allowed peddler activities"" of this
nature . A policy direction was requested at this time .
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Mr . Holland, applicant, and a Dublin resident, was present and
stated that his merchandise is not in direct competition with any
items currently available in the City. He mentioned that, as a
resident of Dublin, he reported all earnings from sales from his
Dublin address , thereby contributing to the City' s tax base .
A discussion ensued regarding the desirability of street vendors
within the City limits . Mr. Tong pointed out that Mr . Holland
does possess a valid peddler ' s permit issued by Alameda County_
It was noted that local businesses have opposed other outdoor
activities , and the Chamber of Commerce has also formally
complained in the past.
Cm. Vonheeder addressed the Planning Commission briefly regarding
the sales tax base issue .
Cm. Alexander questioned Mr . Holland as to whether or not
receipts were issued with each sale . Mr . Holland stated that
receipts were available, but not normally given with each sale .
It was generally agreed among the Commissioners that a sales
receipt should accompany all sales, should the permit be
approved, and Mr. Holland said he would comply if required to do
SO.
After closing the public hearing, Cm. Alexander recommended
approval of the Administrative Conditional Use Permit to allow
Mr . Holland to sell his merchandise for one day. The motion was
seconded by Cm. Petty and was passed by roll-call vote, as
follows :
Cm. Petty - Aye
Cm. Vonheeder - Abstain
Cm. Alexander - Aye
Cm. Mack - Aye -
Cm. Tenery - No
RESOLUTION NO. 83-33
APPROVING PA 83-090 HOLLAND , BRASS SALES
ADMINISTRATIVE CONDITIONAL USE PERMIT TO SELL BRASS
NOVELTY ITEMS FOR ONE DAY ONLY AT 7249 VILLAGE PARKWAY
REVIEW OF CITY COUNCIL DIRECTION
GARDING GENERAL PLAN ALTERNATIVE SKETCH PLANS
Staff described revisions , e City Council, of the Planning
Commission ' s recommendations regar the General Plan
Alternative Sketch Plans .
Cm. Tenery noted that there appeared to be limited ar or
mixed/medium density residential units .
Regular Meeting - January 16, 1984
regular meeting of the City of Dublin Planning Commission was
he on Tuesday, January 16 , 1984 , in the Meeting Room, Dublin
Libr ry . The meting was called to order at 7 : 30 p .m. by Cm.
Tener Chairman.
ROLL CALL
PRESENT: Commis ioners Alexander, Vonheeder, Petty, Mack, and
Tenery, Thomas P . eLuca, Associate Planner, .and Laurence L.
Tong, Planning Dire tor.
PLEDGE OF ALLEGIANCE
Cm. Tenery led the Commission, Staff, and those present in the
pledge of allegiance to the fla --
MINUTES OF PREVIOUS MEETING
The minutes of the regular meeting of Dec ber 19 , 1983 , were
approved, with the addition of Mr . DeLuca ' s ame to the Roll
Call .
ORAL COMMUNICATION _
None T
WRITTEN COMMUNICATION
None
PUBLIC HEARING
PA 83-091 HOLLAND BRASS SALES
CONDITIONAL USE PERMIT
Mr . DeLuca introduced the item, in which the applicant wished to
sell brass novelty items out-of-doors on 10 to 14 occasi.ons ,
during 1984 . Staff reminded the Commissioners of the
Administrative Conditional Use Permit approved at the Planning
Commission meeting of December 19 , 1983 , which had allowed Mr.
Holland to sell his brass items on one occasion only. He noted
that peddler activities are a difficult issue, because of control
and potential inequities in approvals . Staff recommended denial
of the application.
Mr . Charles Holland, applicant, was present and stated that,
according to his friend in the District Attorney ' s office, it was
his understanding that peddler activities can only be restricted
in certain areas, but not throughout the City.
Mr. Tong clarified the intent of the Zoning Ordinance sections
which restricts light retail sales to enclosed buildings .
After a brief discussion, the public hearing was closed, and Cm.
Petty queried Staff regarding Zoning Ordinance Section 8-47 . 6
Mr. Tong noted that it is City Ordinance which applies to C-1 and
C-2 Districts , adding that outdoor sales has become somewhat of
an issue . He reminded the Commissioners of the merchants of the
City who do establish themselves and their work areas (i .e.
within enclosed buildings in the commercial zones . )
Cm. Mack acknowledged a distinction between seasonal businesses
such as Christmas tree lots , and on-going retail businesses, and
there was an agreement among the Commissioners that, in general,
the citizens of the City oppose street vending.
Cm. Mack made the motion to adopt the Resolution denying the
Conditional Use Permit application. Cm. Petty seconded the
motion, and it was passed by unanimous vote .
RESOLUTION NO. 84-03
DENYING PA 83-091 HOLLAND BRASS SALES
CONDITIONAL USE PERMIT TO SELL BRASS NOVELTY ITEMS
TEN TO FOURTEEN SEPARATE DATES IN 1984
Cm. Petty requested that Staff research locating a possible area
in which such activities can take place, in the future, in an
enclosed building, and report to the Commission at the next
meeting .
Cm. ' Vonheeder questioned whether or not Dublin Police Services
had made any comments regarding the matter, and Mr . Tong
responded that Police Services do, indeed, have concerns
regarding the overall activities of peddlers .
Cm. Tenery informed Mr . Holland of his right to appeal the
decision within ten days .
WRITTEN COMMUNICATIONS
A communication was received from Chairman Jim Daugherty, Retail
Trade Committee, Chamber of Commerce, concerning the growth of
unauthorized street vendors operating in Dublin, especially on
weekends , both on private and public property.
It was suggested by Cm. Jeffery that the Committee be asked to
subjmit some alternate suggestions to alleviate the problem so the
Council can work on a solution. The City Attorney should also be
requested to report as to the City's legal options , is there a way
to develop a vendors permit, a fee, and which would have a name,
address , possibly a phone number and some indication that the vendor
had in fact paid his fee and had a valid permit to operate on public
property.
� I
City Attorney Nave indicated the possibility of a zoning ordinance J
directed toward allowing this type of business , a business license re-
quired if any, can be enacted. Mr. Nave will pursue this suggestion
and report back.
iAlso discussed was whether or not this type of permit could be limited
to street vendors without also applying to permanent businesses, the
key may be "public property" . The possibility may also exist that the
County ordinance may address the problem and just needs to be enforced.
Mr. Nave will alsc research this possibility and report back.
A question was posed by a member of the audience re his business which i
he conducts on weekends , on private property with the owner's consent, I.
would he be in violation. He has all permits he needs , he believes,
does take care of his customers if they have complaints . He was told
that if he had complied with all previous requirements , there should
be no problem at this time.
2 Al
CONSENT CALENDAR
On motion of Cm. Jeffery, seconded by Cm. Moffatt �2
the following resolutions were passed:
Resolution No. 14-82
RESOLUTION SELECTING BANK AND PROVIDING f . ...un1LtU
SIGNATURES ON WARRANTS AND CHECKS
Resolution No. 15-82
RESOLUTION AMENDING RESOLUTION 5-82 REGARDING RULES
FOR THE CONDUCT OF MEETINGS
(Second and Fourth Mondays)
CM-1-40
Their computer can be programmed to include Dublin. Rotation of officers
was discussed. It would be important to have officers familiar with
Dublin, however rotation would depend on the type of contract involved,
whether it be full service or partial service, with officers shared.
Ch. Olsen concluded that in his opinion, having your own department is
the best arrangement possible, however, this is the closest to that goal
and still realize cost savings. Anybody can come in and patrol the City,
any car, any uniform can respond to calls , take crime reports, investigate
traffic accidents , give tickets but one ingredient makes all the difference
in the world to the success and effectiveness of the department is how close
that agency is identified with the community, relates to and- is a part of
the community.
RECESS
After a brief recess the meeting reconvened with all Councilmembers
present.
AMENDMENT - ORDINANCE
RE SALE OF FIREWORKS
On motion of Cm. Burton, seconded by Cm. Hegarty, an ordiance was read and
introduced which limits sale to "any person under the age of eighteen (18)"
received the following vote: Ayes: Cm. Burton, Hegarty, Jeffery, Moffatt
and Mayor Snyder.
REPORT - SLURRY
SEAL STREETS
A brief repo ing the County's plan for slurry sealing
streets in D Wo he fiscal year, or completed even if
after the en 2 `t�v-(�S of concern was what is the entire
program cycle G N e in the future? Mr. Burnham responded
that he woulr 5y back.
REPORT - STREET
VENDORS
[- ich ty Attorney Nave briefly outlined the definition of "unauthorized street
ndors which are those not possessing a permit issued by the Sheriff `
cording to the County Code. Certain hours are set forth, and the areas
can be used for peddling. Also defined is the use of public streets , I
other public areas , as opposed to private property, within commercial
eas , if the proper permits have been obtained.
It was decided, at this time, to enforce the current ordinance in particular
on San Ramon Valley Blvd. , and an in depth study conducted later. The '
Sheriff's Department is to be asked to enforce the permit provision in the
City, and also the parking of vehicles on public property (street areas) .
f DRUG PARAPHERNALIA.
SALES
City Attorney Nave reported that various laws and ordinances have been adopted
in this field, some still pending before higher courts, however most attempts
CM-1-59