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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). -2- PAGE 2-- 1 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 -3- 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 -4- 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 -5- fl Old � } a"Yr�A +oGVWv "Au.- i11 i 1 i ,4 9GUI `-i1. c771- TJ o { rL r� it l:C. e, 6 ,1 SAGE. IT 0F IS.MCE. ! sF Z., ... ,t•1. �7� :•1• (.r "2 4 1 d 'Yt./-I/ OO-L.— Or16 9 r W • ' ONINNv1d Nflfl i I' Lso-/. t/� •1 t66t . t �dnr bi V•rl. 03A13032i . i ,•1 Y...-1 -..) • co -I I 1., I• , I I I • I ..1 1,-, c • i I 1,1. Imo; r �i j k% In 1,.1 ", t r 1. F. 1 1 _ c-� 1 , 1. .I I 1 ,I . 1 I • I • 1" • iJ • r • I' & •1 � 114 �f� '1• • �'I 0 0 1-11 3 EXHIB1TA PAGE ..OF _Ia. Fps Z. OF �5b 0) a. f 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] - 2 PAG OFiL 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] - 3 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 - 4 Planning Commission Chairperson PAGE OF 5 / . R C 1V ", P\\ •1 _444/ - 7 .7 . ''—T=, ,1 \ > - Jet., — t Yet-'-� J, = ,\ ' , .«... LD Ill t. r, ' ..vutc rw 1 CZ c T CITY OF - SANTINA + Dusux— !. _TxobiPSON 1hC. . -- - m Tom_. ♦� v 17,01111.1 1.4 C 1-1 L��& U4..r. M111 _— ._ cAurnnr A - -- - -- - _ 1 I A PART OF THE 're iRr Y < 1 PAGE _IL of 15 • 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