HomeMy WebLinkAbout5.3 Zoning Ordinance Amend Craft Fairs 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. S , COPIES TO:
Marietta Lewis
Tom McCormick
Bonnie Diaz
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.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
APPROVING OF PA 84-043, ZONING ORDINANCE AMENDMENT REGARDING ARTS
AND CRAFTS FAIRS
WHEREAS, several applications have been filed for
outdoor retail sales and arts and crafts fairs ; and
WHEREAS, the Zoning regulations regarding arts and
crafts fairs were not clearly defined and set forth in the Zoning
Ordinance ; and
WHEREAS, on appeal, the City Council was required to
indicate its position and criteria regarding arts and crafts
fairs ; and
WHEREAS, the City Council has requested Staff to draft
a Zoning Ordinance Amendment to clarify the regulations regarding
arts and crafts fairs ; and
WHEREAS, the State Planning and Zoning Laws required
the Planning Commission to hold a public hearing and make a
recommendation to the City Council regarding the Zoning Ordinance
Amendment; and
WHEREAS, the Planning Staff drafted a Zoning Ordinance
Amendment regarding arts and crafts fairs ; and
WHEREAS, the Planning Commission considered said
draft ordinance at a public hearing on 8/20/84 and recommended
approval ; and
WHEREAS, the City Council did hold a public hearing on
said draft ordinance on September 10, 1984 ; and
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 ; and
DP 83-20
ATT AM ETV
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 .
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 Clerk
DP 83-20
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 . 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 :
AY:S
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk ATTACHMEN
c
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date : August 20, 1984 .
TO: Planning Commission
FROM: Planning Staff
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
F
0
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
-----------------------------------
-7 2 ATTAC&EHT-
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 REVIE6v: Categorically exempt
NOTIFICATION: Public Notice of the August 20, 1984 , hearinc 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 main.tained the following positions :
1) limit retail sales to an enclosed building rather
than encouraging outdoor retail sales
2') avoid outdoor retail sales which give a
competitive edge over merchants that rent retail
space
3 ) discourage peddlers from selling their wares on
street corners , which generally increases zoning,
building, and traffic enforcement problems, and
conflicts with established merchants .
-2-
In approving the Arts and Crafts Fairs, the City Council
indicated that it could consider such uses if the arts and
crafts fair met certain criteria such as :
SPONSOR: Sponsored by a bona fide church, school,
neighborhood group, or local non-profit, non-
restrictive civic or service organization .
ITEMS FOR SALE: Limited the sale to handmade or handcrafted
items for sale by the original artist .
SINGLE EVENT: For a single event, one day per year at one
location, the use could be considered
subject to an Administrative Conditional Use
Permit .
MULTIPLE DAY EVENTS : For multiple day events , up to four
days per year at one location, the use
could be considered subject to a.
Conditional Use Permit.
STANDARD FINDINGS : The use meets each of the four standard
findings for Conditional Use Permits ; 1) the
use is required by the public need, 2) the
use is appropriately located, 3) the use will
not adversely affect the public health,
safety, or welfare, and 4 ) the use is
consistent with the specific intent and
performance standards established for the
District .
Staff has drafted amendments to the Administrative
Conditional Use Permits Section and Conditional Use, All
Districts Section of the Zoning Ordinance to address arts
and crafts fairs and the criteria specified above .
RECOMMENDATION
FORMAT: 1) Open public hearing and hear staff
presentation
2 ). Take testimony from the public
3 ) Question staff and the public
4 ) Close public .hearing and deliberate
5) Adopt Resolution recommending action by the City
Council, or continue hearing.
ACTION: Staff recommends that the Planning Commission
1) Consider the draft ordinance
2 ) Recommend that the City Council adopt the
ordinance , or give staff direction and
continue item to a future Planning Ccmmission
meeting .
ATTACHMENTS
Exhibit A - Resolution Recommending Approval of Zoning
Ordinance Amendment Regarding Arts and Crafts
Fairs .
Exhibit B - Draft Ordinance Amending Zoning Ordinance
Regarding Arts and Crafts Fairs
-3-
BACKGROUND ATTACHMENTS :
1 ) Minutes of February 13 , 1984 , City Council
Meeting and Resolution regarding PA 83-091,
Holland Brass Sales Conditional Use Permit
2 ) Minutes of May 14 , 1984 , City Council
Meeting and Resolution regarding PA 84-014 ,
Marg-Ett Arts and Crafts Shot-is Conditional
Use Permit
COPIES TO
-4-
RESOLUTION NO. 84-43
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------
RECOMMENDING APPROVAL 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 require 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 has 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
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 given favorable recommendation; 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 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; and
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 .
BE IT FURTHER RESOLVED that the Planning Commission does
hereby recommend that the draft ordinance regarding arts and
crafts fairs be approved.
PASSED, APPROVED AND ADOPTED this 20th day of
August, 1984 .
AYES : Chairman Alexander, Commissioners Barnes,
Mack, and Petty
NOES: Commissioner Raley
ABSENT: None
Pla ing Commission Chairman
ATTEST:
Planning Director
nn C7_7f1
EXHIBIT "B
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 obtain 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 nen-profit, non-restrictive
civic or service organization, for the sale of band-made or
handcrafted items for sale by the original artist"
Section 3 . 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 Clerk
On motion of Cm. Hegarty , seconded by Cm. Ploffatt, and by unanimous vote, the
Council closed the public hearing .
On motion of Cm. Hegarty, seconded by Cm . Jeffery, and by unanimous vote, the
Council adopted RESOLUTION NO. 17 - 84
APPROVING PA 83-073
A TIME EXTENSION FOR TENTATIVE PARCEL MAP 4859
NIELSEN RANCH
Cm. Moffatt stated he felt the City Council should have more faith in their
Planning Commission .
Cm. Hegarty stated he felt that had the Planning Commission gone one step
further in their decision , this matter not have had to
couldmcomeLtoethe
City of Dublin and feel that. they e
City Council . He further stated hWOUld be treated fairly and equitably.
PUBLIC HEARING
CHARLES HOLLAND CONDITIONAL USE PERMIT - APPEAL
Mr . Holland is appealing a Plannina Commission action taken on January 1.6 ,
1984 , which denied his Conditional Use Permit application to s.ell brass
novelty items on 10 to 14 separate dates in 1984 , at the A,4/P.,'4 Mini-Mart
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 etheessed their coit_ern with
r
the competitive edge the peddler would have
merc;:ants ; that the use conflicts with the Zoning Ordinance which restrzcps
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 traffic control, theft, and enforcement problems .
Mayor Snyder opened the public hearing .
Cm. Moffatt questioned Mr . Holland as to why he did not rent a shop in
Dublin.
Mayor Snyder indicated that in discussions with Mr . Holland, it was his
understanding that he did business in other cities. Mayor Snyder questioned
how he reported sales tax to the State Board of Equalization.
Mr . Holland replied that his business is listed as being in Dublin because of
his residence location, and therefore , sales tax would go into a Dublin
account .
c:•i-3-2g
Regular Meeting February 13 , 1984
l l
Holland requested the Council to approve his permit , stating his
ex y
excellent 4 year reputation .ere stated he
Heehasdthe fulb ems ,
and, to his knowledge , _
support of the owner ofw the dWPM
M otherwise gor unmet .
felt he was providing a
service to Dublin that
Cm. Moffatt questioned the parking situation at the AM/PM Mini-Mart .
Mayor Snyder closed the public hearing .
Cm. Jeffery stated she felt this use to be in conflict with the Zoning
Ordinance and further ►vendorshe ShelfelttthtoCouncDlbwas back
etting ahprecedence
situation with street
with this decision.
Cm. Hegarty and Cm. Moffatt stated they concurred with Cm. Jeffery's
statements .
On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the
Council adopted RESOLUTION NO. 18 - 84
DENYING
PA 83-091 HOLLAND. BRASS SALES CONDITIONAL USE PERMIT
TO SELL BRASS NOVELTY ITEMS TEN TO FOURTEEN SEPARATE DATES IN 1984
SECOND UNIT ORDINANCE
This draft ordinance implements Senate Bill 1534 which requires that erected
cities provide, by ordinance , a process by which
on lots zoned for single family use , where the lot has an existing single
family detached unit , and the second unit meets specified criteria .
The Planning Commission addressed this issue on December 19,1983 , and on
January 16 ,1984 . At the January 16th meeting, the Planning Commission
recommended that the Second Unit Ordinance be adopted.
The Second Unit Ordinance will require that a Conditional Use Permit be
obtained from the Planning Commission prior to erecting a second unit. The
Ordinance also outlines nine criteria with which each second unit must
comply. The nine criteria include : lot characteristics, limitation of use,
size of unit, location on lot, parking, design, lot coverage, occupancy and
setback .
Cm. Jeffery questioned the wording in n5 parking space requirements and felt
the wording should be clarified .
Cm. Moffatt asked for clarification that a lot must be 6 ,000 sq ft or larger
before a second unit may be built . Staff confirmed this .
CM-3-29
Regular Meeting February 13 , 1984
1 1
RESOLUTION NO. 18 - 64
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 19S4 , at 7249 Village Parkwav; 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 Re_cort 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 ADCPTED this 13 th day of
1984 .
AYES : Councilmembers Drena , Hegarty, Jeffery, Moffatt
and Mayor Snyder
NOES : None
ABSENT: None O
May V
ATTr„l . e
City L erk
REGULAR MCETING - May 14 , 1984
g
A
on
regular meeting of the City Council of the tcityuof Dublin was held meeting The
Monday, May 14 , 1984 in the meeting oPeter Snyder .
was called to order at 7 : 36 p .m. by mayor
ROLL CALL
PRESENT : Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor
Snyder .
PLEDGE OF ALLEGIANCE
The Mayor led the Council , Staff and those present in the pledge of allec-
iance to the flag .
CONSENT CALENDAR
Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
On motion of Cm.
following were approved��larnMeetiDG ofgApri1M17tand RegDlarmMeetinc of8April
Minutes of Adjourned Re�
90 Financial Re- -
for
23 , 1984 ; Warrant Register in the amount of $216 ,904 .61; _
period Ending March 31 , 1984 ; denial of claim of Lynay Boykin, a minor , John
Boykin and Randa Boykin, and directed Staff to notify claimant and City' s
insurance carrier .
PROCLAMATION HONORING McCHELL PIAllA:
Mayor Snyder read and presented a proclamation honoring McChell Piazza. for
he= participation in and selection as third runner-up in the 1984 Miss
T. E .E.N. Pageant, where she competed with young ladies from San Mateo and
Alameda Counties .
PUBLIC HEARING - APPEAL
MARG-ETT ARTS & CRAFT SHOW CONDITIONAL USE PERMIT
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 & crafts would be displayed in the sidewalk area between Mervyns &
Albertsons
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 .
cm-
Regular Meeting May 14 , 1984
J
Staff recommended that the City Ctherlasel )aoutdoor retail salesalwhich arts
are
crafts shows and consider them ei
prohibited by City policy and the Zoning ordinance, or 2) neighborhood
festivals, with individual events
ineone yeadlhandleduthroughAthe CUPcprocess.
multiple events of up
Cm. Hegarty questioned if any one of these
bebusinesses could atolbefor
located at
Conditional Use Permit and if it wouldn ' t
an available site ( Shannon Center/Heritage Park ) , rather than in a business
district . There are many areas in Dublin specifically set up for community
activities .
Cm. Jeffery questioned the need for permits related to the Murray School
District Flea Market .
Mayor Snyder opened the. public hearing .
Marietta Lewis explained the purpose of her sales and the fact that she was
very upset regarding this delay. She explained that. all the items sold are
handmade, and only artists participate in these sales .
Cm. Jeffery questioned Ms . Lewis with regard to the way in which she chose
who would be allowed to sell in her shows .
Cm. Hegarty asked the apolicarit if they had ever tried to run their shows at
Shannon Center or Heritage Park . Ms . Lewis indicated she had not, but would
not be opposed to running them from one of these locations .
estioned how the sales tax is handled. Mr . Lewis explained
Mayor Snyder cu
their own sales tax and each artist must have a
that each artist reports
license from the State
teBothe sale , rather Equalization n h
thanthehomealocationl reported
of the
based on the location
seller .
Josephine Davidson indicated she has been participating in thesestas o
esf
sales for about 5 years and many people
carry merchandise that can ' t be purchased from local retailers.
Mayor Snyder closed the public hearing .
Cm. Hegarty indicated problems with past egeSnd felt very strongly that
these shows should be run from an appropriate P lace
Mr . Lewis stated he felt the Council was trying to deprive them of their free
enterprise system rights.
Cm. Vonheeder explained the discussion that led to the approval of this
application by the Planning Commission. She indicated the Planning
Commission had discussed, at length, the differences between this and
previous applications that were denied.
Mayor Snyder read the Planning Commission minutes related to the approval of
this application.
C.4-3-100
May 14, 1984
Regular Meeting
1
On motion of Cm. Moffatt , seconded by Cm. Vonheeder , . and by majority vote,
the Council adopted
RESOLUTION N0. 44 - 84
MODIFYING THE APPROVAL OF PA 84-014 , MARG-ETT ARTS AND CRAFTS SHOWS
CONDITIONAL USE PERMIT
Voting NO on this motion were Cm. Hegarty and Mayor Snyder .
The Council directed Staff to look at the possibility of drafting an
ordinance that is understandable and which would obviate the need for the
Council to review each application.
BLANCARTE REZONING
On April 23 , 1984 , the City Council adopted a resolution approving the
Blancarte Rezoning and introduced an Ordinance amending the Zoning Ordinance .
The rezoning involves a 40 ,000 sq ft parcel at Dublin Boulevard and Regional
Street being rezoned from H-1 ( Highway Frontage) District to C-1 (Retail
Business ) District .
Mayor Snyder opened the public hearing .
Mark Blancarte, the applicant , explained their intent for this property.
They hope to complete by Christmas .
Mayor Snyder questioned the proposed square footage of the building and
whether their would be enough parking spaces in relation to the size of the
project.
Planning Director Tong explained that there was only a preliminary
application for site development review pending, which contained no
specifications .
Mayor Snyder closed the public hearing .
On motion of Cm. Hegarty, seconded by Cm. Jeffery, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 10 - 84
AMENDING THE ZONING ORDINANCE TO PERMIT -THE
REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN
CONSOLIDATION OF ELECTION WITH STATEWIDE GENERAL ELECTION
This ordinance was prepared by the City Attorney at the request of the City
Council . The ordinance was introduced at the City Council meeting of
April 23 , 1984 .
CM-3-101
Regular Meeting May 14, 1984
RESOLUTION NO. 44-84
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 testimonv as hereinabove set
forth; and
WHEREAS, the Planning Commission did approve said
Application with certain conditions ; and
WHEREAS, an aaoeal was filed within t^e 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;
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 ) Anv 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
$1, 000 , 000 .00 , naming the City of Dublin as Certi=icate
Holder, shall be posted with the Planning Department
prior to conducting the shows .
6 ) Signage shall be restricted to, two 24 sc. 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 14th day of May, 1984 .
AYES : Councilmembers Jeffery, Moffatt, & Vonheeder
NOES : Councilmember Hegarty & Mayor Snyder
ABSENT: None
Mayor L�
ATTES
ity Clerk
Voice vote found all in favor .
RESOLUTION NO. 84-41
APPROVAL OF PA 84-045, MIKE WASECA' S CONDITIONAL USE PERMIT AND
SITE DEVELOPMENT REVIEW MODIFICATILLOW TRACTOR SALES AT
6797 DUBLIN BOULEVARD
SUBJECT: PA 84-043 Zoning Ordinance Amendment regarding
Arts and Crafts Fairs
Mr . Tong presented the Staff report which was a zoning ordinance
amendment which would allow Arts and Crafts Fairs which meet
specified criteria.
Mr. Tong noted that the ordinance amendment would allow an
Administrative Conditional Use Permit to be issued for one Arts
and Crafts Fair per year, per site, which is sponsored by a.
bona fide church, school, neighborhood group or local non-profit
non-restrictive civic or service organization for the sale of
handmade, handcrafted items by the original artist. The
ordinance amendment would require a Conditional Use Permit for
Arts and Crafts Fairs up to a maximum of four days per year, per
site, also sponsored by a bona fide church, school, neighborhood
group, or local non-profit, non-restrictive civic or service
organization.
Commissioner Raley questioned whether all Arts and Crafts Fairs
could not be located inside a building, such as
Heritage Park or Shannon Center .
Mr. Tong noted that Staff initially directs the various artists
to the Heritage Park or Shannon Center, so that such activities
could be conducted inside .
It was moved boltheoCityPCouncildthatothedordinancesbeoner
Mack to recommend to
adopted.
Voice vote found all in favor except Commissioner Raley.
RESOLUTION NO. 84-43
RECOMMENDING APPREGARDINGPARTS 84-043, AMENDMENT
PCM-3-90 -t- A__=
8/20/84
Regular Meeting ATTA i