HomeMy WebLinkAboutItem 8.4 PA 91-037 Universal Custom Promotion/ Soroptimist International of Dub CUP, for Dub Seummerfest '91CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: August 5, 1991
TO: Planning Commission
FROM: Planning Staff W'',,
PREPARED BY: David Choy, Associate Planner
SUBJECT: PA 91-037 Universal Custom Promotions/
Soroptimist International of Dublin
Conditional Use Permit request for Dublin's
Summerfest '91 at the Dublin Place Shopping
Center at 6900-7300 Amador Plaza Road.
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit request to allow a two
day Art & Craft/Music Festival (titled
Dublin's Summerfest '91) proposed on
September 7 & 8, 1991, at the Dublin Place
Shopping Center at 6900-7300 Amador Plaza
Road.
APPLICANT: Soroptimist International of Dublin
c/o Janet Lockhart
P.O. Box 2175
Dublin, CA 94568
PROPERTY OWNER: Transpacific Development Company
c/o Jack Davis
950 Tower Lane, Suite 120
Foster City, CA 94404
REPRESENTATIVE: Universal Custom Promotions, Inc.
c/o Eric Falconer
750 Comstock Lane
Santa Cruz, CA 95060
LOCATION: 6900-7300 Amador Plaza Road
ASSESSOR PARCEL: 941-305-30
PARCEL SIZE: + 11.97 Acres
GENERAL PLAN
DESIGNATION: Retail/Office
ITEM NO. s.JA
COPIES TO: Applicant
PAGE —LOLL Owner
Address File
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
C-3344 and
5-646:
PA 83-031:
PA 83-058:
PA 84-032:
PA 84-052:
DEVELOPMENT ZONE 7 - Central Block East
Mixed Use
C-1, Retail Business District/
Retail Shopping Center
North:
South:
East:
West:
C-1, Retail Business District/
Retail Shopping Center
C-1, Retail Business District/
Retail Shopping Center
C-2, General Commercial/Retail &
Automotive Sales & Service
C-1, Retail Business District/
Retail Shopping Center
On March 15, 1978, the Alameda County Zoning
Administrator approved a Conditional Use
Permit and Site Development Review allowing
the construction and operation of a bank with
drive-thru lanes, a theatre, racquetball
courts, gasoline retail sales, exterior
display of plant materials, and sales and
installation of automotive parts and
accessories.
On June 24, 1983, the Planning Director
approved a Site Development Review for a Sign
Program at the Dublin Place Shopping Center.
On September 29, 1983, the Zoning
Administrator approved an Administrative
Conditional Use Permit for the Dublin Place
Merchants Association Festival (October 1-2).
On June 9, 1984, the Planning Director
approved an Administrative Conditional Use
Permit for the Western Days Community Faire
(June 9-10).
On September 19, 1984, the Planning Director
approved an Administrative Conditional Use
Permit for Dublin Founder's Week '84
(September 23-30).
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PAGE
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PA 85-025:
PA 85-034:
PA 85-079:
PA 86-038:
PA 86-088:
PA 87-136:
PA 91-019:
On April 1, 1985, the Planning Director
approved an Administrative Conditional Use
Permit application for Gad -about Go Carts for
the temporary operation of a mini go-cart
track (April 2-15).
On May 26, 1985, the Planning Director
approved an Administrative Conditional Use
Permit for Circus Vargas for a three-day
carnival (May 27-29).
On September 23, 1985, the Zoning
Administrator approved an Administrative
Conditional Use Permit application for
Founder's Week Committee for a two-day Arts &
Craft Faire (September 28 & 29).
On May 14, 1986, the Planning Director
approved an Administrative Conditional Use
Permit application for Circus Vargas for a
three-day carnival (May 20-22).
On September 3, 1986, the Planning Director
approved an Administrative Conditional Use
Permit application for the Founder's Day
activities sponsored by the Rotary and the
Soroptimist International of Dublin for a two
day Arts & Crafts fair (September 6 & 7) in
addition to pre- and post -race activities for
the Founder's Day Run.
On October 13, 1987, the Planning Director
approved an Administrative Conditional Use
Permit application for New Vista Christian
School/Davis Amusement five day carnival
(October 14-18).
On April 17, 1991, the Planning Director
approved an Administrative Conditional Use
Permit application for New Vista Christian
Schools/Davis Amusement four day carnival
(April 25-28).
APPLICABLE REGULATIONS:
Section 8-61.0 of the Zoning Ordinance, as amended by City
Ordinance 18-84, requires that a Conditional Use Permit be
obtained from the Planning Commission for the operation of a two
day art and craft fair, when sponsored by a Dublin -based non-
profit, non-restrictive civic or service organization, for the
sale of handmade or handcrafted items for sale by the original
artist.
PAGE 3 OF 1 S
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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.
ENVIRONMENTAL REVIEW: The project has been found to be
Categorically Exempt from CEQA under Section 15304, Class 4(e) of
the California Environmental Quality Act guidelines. This use
consists of a temporary use having negligible effects on the
environment.
NOTIFICATION: Public Notice of the August 5, 1991, hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicants, Soroptimist International of Dublin in
conjunction with the Dublin Place Merchants Association and
Universal Custom Promotions, Inc., are requesting approval of a
Conditional Use Permit to operate a two day Art & Craft/Music
Festival titled "Dublin's Summerfest '91" at the Dublin Place
Shopping Center, to be held September 7 and 8, 1991.
The Applicant's request complies with City adopted Ordinance
No. 18-84 relating to Arts and Crafts Fairs. The Ordinance
allows a maximum of two four -day fairs within a twelve month
period, subject to approval of a Conditional Use Permit.
The Applicants are requesting to utilize the parking area
between Montgomery Ward and Target for their festival (See
Exhibit A). This area will facilitate a maximum of thirty-five
vendor booths, approximately ten food booths and a stage for live
music. Music will be provided by two performers per day,
providing a mix of jazz, country/western, folk songs, modern and
light rock. The proposed hours of operation for the festival are
9:00 a.m. to 5:00 p.m., with set up beginning at 7:30 a.m.
It is not anticipated that the Applicant's proposal will
create any special problems for the existing commercial tenants
within the shopping center. Access to shops located behind the
proposed festival area will be maintained throughout the event.
In addition, drive aisle located adjacent to the designated
festival and parking areas will remain unobstructed.
PAGE `t OF 1 5
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The Applicant's request also includes a provision to allow
exhibitors to sleep overnight in their recreational vehicles on
site. This request is consistent with previously approved Arts
and Craft Fairs, carnivals and circuses held within the City.
The Commission has permitted overnight use of RV's with the
number and location subject to review and approval by the
Planning Director. The Applicant anticipates a maximum of ten
overnight RV's. A portion of the existing parking lot will be
designated as exhibitor and overnight exhibitor parking. This
should not affect parking for the center, as surplus parking
exists on -site. There is no record of any problems occurring
from the sleep overs in the past; therefore, Staff has included
this same provision in the draft resolution of approval.
The Applicant's proposal has been reviewed by the applicable
public agencies and conditions of approval have been included in
the draft resolution of approval.
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution approving the Conditional Use
Permit, or give Staff and Applicant direction and
continue the matter.
ACTION: Staff recommends the Planning Commission adopt the
draft resolution (Exhibit B) approving the Conditional
Use Permit PA 91-037 Universal Custom Promotions/
Soroptimist International of Dublin Art & Craft/Music
Festival titled "Dublin Summerfest '91.
ATTACHMENTS:
Exhibit A: Project Plans
Exhibit B: Draft resolution approving the Conditional Use
Permit.
Background Attachments:
Attachment 1: Location Map/Zoning Map
Attachment 2: Applicant's written statement
Attachment 3: Letter from Soroptimist International of Dublin,
dated July 18, 1991, acknowledging sponsorship of
"Dublin Summerfest '91".
Attachment 4: Letter from property owner, Transpacific
Development Company, dated July 2, 1991, giving
permission to hold event.
PAGE .5 OF 15
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RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-037 UNIVERSAL CUSTOM PROMOTIONS/SOROPTIMIST
INTERNATIONAL OF DUBLIN CONDITIONAL USE PERMIT REQUEST TO ALLOW A TWO
DAY ART & CRAFT/MUSIC FESTIVAL AT THE DUBLIN PLACE SHOPPING CENTER
WHEREAS, Eric Falconer, representing Universal Custom Promotions,
and Jane Lockhart, representing Soroptimist International of Dublin,
request approval of a Conditional Use Permit to allow a two day Art &
Craft/Music Festival titled "Dublin's Summerfest '91" to be held on
September 7 & 8, 1991, at the Dublin Place Shopping Center at 6900-
7300 Amador Plaza Road; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 5, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Section 15304, Class 4(e) ; and
WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended,
provides for the operation of two day arts and crafts fairs through
the Conditional Use Permit process; and
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible to
existing land uses in the area and will not overburden public
services; and
WHEREAS, the Staff Report was submitted recommending that the
application be approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The use of the parking area of this portion of the Dublin
Place Shopping Center for a two day art & craft/music
festival serves the public need by providing an opportunity
for the community to see and purchase specialty handmade and
handcrafted items not typically available elsewhere in the
community.
EXHIBIT S
PAGE OF 15
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
the proposed use will be compatible to the type and nature
of operations typically found in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect 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.
E. The approval of the Conditional Use Permit is consistent
with the Dublin General Plan and Downtown Specific Plan.
F. The proposed dates for the Art & Craft/Music Festival are
consistent with the City Ordinance No. 18-84 in that the
proposal for a two day event will not exceed the permitted
maximum of two 4-day fairs within a 12-month period.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve said application as shown by materials
labeled Exhibit A and stamped approved on file with the Dublin
Planning Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. [PL]
Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM]
Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health.
1. PA 91-037 is approved for a two day Art & Craft/Music Festival on
September 7 & 8, 1991, to be held at the Dublin Place Shopping
Center 6900-7300 Amador Plaza Road. [PL]
2. Layout and operation of the two day Art & Craft/Music Festival
shall be as generally depicted on the shopping center site plan
submitted with the application (Exhibit A). [PL]
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PAG
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3. The Art & Craft/Music Festival, including set-up and clean-up,
shall be held on September 7 & 8, 1991, between the hours of 7:30
a.m. and 6:00 p.m. [PL, PO]
4. The items sold at the festival shall be restricted to handmade or
handcrafted items by the original artist. The density of the
display setups shall be graphically portrayed on an exhibit
prepared by the Applicant and submitted for review and approval
by the Dublin Planning Department and the Dougherty Regional Fire
Authority a minimum of four working days prior to the event.
Displays shall be set up in such a manner that pedestrian and
vehicle circulation is not impeded. [PL, PO]
5. The display areas shall not obstruct pedestrian movement on the
sidewalk, block fire protection appliances or fire lanes and
shall be kept clear of all store entrances. Furthermore, display
areas shall not obstruct drive aisles or parking spaces adjacent
to the designated festival area. {PL, PO]
6. Prior to the effective date of the Conditional Use Permit, the
Applicant shall submit to the City of Dublin a $250 cash or
cashier's check deposit to ensure a thorough clean-up of the
area. The site shall be restored to a clean and orderly
condition by 5:00 p.m. on September 9, 1991. [PL, FIN]
7. Adequate trash and recycling receptacles shall be provided both
within and around the designated Festival area. [PL]
8. All food concessions shall obtain any applicable Health
Department permits prior to operation. [PL, CO]
9. No art or craft items shall be left on the premises overnight.
[PL, PO]
10. Signage shall be restricted to one 3'x10' double-faced banner
installed above the stage. Signage shall not be installed in the
public right-of-way without prior approval from the Public Works
Director. [PL, PW]
11. The Applicant shall submit a Certificate of Insurance naming the
City of Dublin as additional insured in the amount of one million
dollars, to the Dublin Planning Department prior to conducting
the festival. [PL]
12. Assigned recreational vehicle parking for the Art & Craft/Music
Festival exhibitors shall be provided on the premises with the
number and location subject to review and approval by the Dublin
Planning Department. Said review shall occur a minimum of two
weeks prior to the Art & Craft/Music Festival. [PL]
13. All activities, including live music, shall be controlled so as
not to create a nuisance to the existing retail businesses within
the Dublin Place Shopping Center. [PL]
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PAGE 10 OF) 5
14. This Conditional Use Permit shall be revocable for cause in
accordance with Section 8-90.3 of the Dublin Zoning Ordinance.
Any violation of the terms or conditions of this permit shall be
subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
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Planning Commission Chairperson
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PAGE _IL of 15
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PLANNING APPLICATION FORM
G. Detailed Description of Proposed Use of Property:
RECEIVED
JUN 12 1991
P/1- 0-O3,7
DUBLIN PLANNING
ARTS/CRAFTS/FOOD/ENTERTAINMENT : 6O0-7_ OU AV2.47ev
We would like to present an Art and Music Festival at Dublin Place Shopping
s Center igus-t-1-7-1$, 1991 to promote the merchants of Dublin Place Shopping
�B
Se Center. Our intention is to present an Art and Music Festival at 6940
to 7196 Amador Plaza Rd. We would like to have arts and crafts exhibited
for sale near the sidewalk of Dublin Place Shopping Center using the
parking area for displays. All exhibitors selling merchandise will
have a valid California Resale Tax Permit. We would also like to arrange
for musical entertainment to create a more festive atmosphere at the
event to draw the public to the shopping center. We will rent a stage
for this purpose which we would place in an appropriate place in the
parking area. We also plan to arrange for food concessions to be presented
at the festival. See exhibit B for proposed placement of the arts,
crafts, and food exhibitors as well as the stage.
TIMES:
We would like to have the event held from 9:OOAM to 5:OOPM on both Augusts
17 and 18-, 1991. Our exhibitors will need to begin setting up their
displays at 7:30AM on August 17, 1991 and they will have their merchandise
removed from their displays by 6:OOPM. We would like our exhibitors
to be able to leave their displays on site on Saturday night.
CLEAN-UP/PORTA-POTTIES:
We are planning to make the necessary arrangements for the clean up
of the site utilized for this event. We plan on renting a 20 yard garbage
disposal at the request of the property owner as well as strategically
located porta-potties. See exhibit B for proposed placement of these
entities.
INSURANCE:
We will have a one million dollar ($1,000,000.00) general liability
insurance policy covering the event naming the City of Dublin, Dublin
Associates, and Transpacific Development Company as additional insureds,
unless otherwise requested.
ADVERTISING:
We would like to display a banner in the parking area of Dublin Place
Shopping Center to be able to advertise the event on site on August.'-
17 and 18, 1991. This banner will say "Arts and Crafts Festival" and
possibly the theme of the event. We plan to display it above the stage.
In addition, we plan on advertising in local papers to publicize the
event as well as advertising on the radio. We plan on having KKIQ FM-101.7
radio station sponsor this event as well as a local non-profit
organization. This non-profit organization will also benefit from this
event. We would like to be ensured that we have authorization by the
city to present this event before asking a non-profit organization to
commit to sponsoring the event. We also plan on displaying helium filled
balloons on each exhibitor booth. We would like to have a helium tank
on site to be able to fill these balloons.
PARKING
The exhibitors for this Dublin Place Shopping Center Art and Music Festival
will park their vehicles in the designated area provided for this purpose
(see exhibit A). In addition, we would like to allow those exhibitors
needing to park their self-contained recreational vehicles overnight
in the authorized area of the Dublin Place Shopping Center parking lot
(see exhibit A). We estimate that only 5-10 vehicles will want to utilize
overnight parking.
VI#$
ATTACHMENT Z.
PAGE.. OF 15
SDROPTIMIST INTER11AT1D11Rh OF hhiBhlrl
P.O. Box 2175, Dublin, CA 94568
July 18, 1991
David Choy
City of Dublin
100 Civic Plaza Drive
Dublin, Ca. 94568
Dear Mr. Choy,
RECEIVED
J U L 1 21991
DUBLIN PLANNING
This is to advise you that Soroptimist of Dublin will be the
official non-profit service organization sponsoring the
Summerfest '91 . This event will take place on September 7th &
8th, 1991 at the Dublin Place Shopping Center. We in conjunction
with the Dublin Place Merchants Association and Universal Custom
Promotions will host a community event in the plaza parking area
near the kiosk and central chimes area.
Please advise us when the necessary liability forms are
required and we will provide them to your department. Thank you
for your assistance in securing the necessary conditional use
permits for this event.
Sincerely,
net oc hart b�
President Soroptimist of Dublin
ATTACHMENT 5
PAGE I LI OF 1.
Transpacific
Development
C•o m p a n y
July 2, 1991
Mr. Eric Falconer
President
UNIVERSAL CUSTOM PROMOTIONS, INC.
P.O. Box M2
Felton, CA 95018
Re: Dublin Place Shopping Center
Dear Mr. Falconer:
Metro Center North
Property Management
950 Tower Lane
Snits 120
Foster City, CA 94404
(415) 57 t-9050
(415) 345-1091 Fax
The proposed date change for your event to September 7 and 8, 1991,
meets with owner approval. There are no events scheduled for the
shopping center on these dates.
Per past correspondence to Mae Kuo, of your firm, the guidelines
listed must still be followed in order to comply with our needs.
I hope that this date change will finally be a successful one for
all involved.
In the future, should you have any questions, please contact Linda
Whiting, Property Manager at (415) 573-9050.
The best of luck.
Sincerely,
DUBLIN ASSOCIATES
B Transpacific Development Company
k Davis, CPM, RPA
enior Property Manager
JD/tg
cc: Linda Whiting
Ernie Brown
Pearl Arhontes/Dublin Place Merchant's Association
88
ATTACHMENT �F
PAGE 15 OF IJ