HomeMy WebLinkAboutItem 8.2 Marg-Ett Art and Craft Fairs at dublin PlazaTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: June 1, 1992
Planning Commission
Planning Staff V(
David Choy, Associate Planner
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
PA 92-024 Marg-Ett Art & Craft Fairs -
Marietta Lewis (Applicant) and Dublin Plaza
Shopping Center Merchants Association
(Sponsor) Conditional Use Permit
Conditional Use Permit for two Art & Craft
Fairs at the Dublin Plaza Shopping Center,
7155-7333 Regional Street, (July 16-19, 1992
and December 3-6, 1992).
Marg-Ett Art & Craft Show
ATTN: Marietta Lewis
1377 Wylie Way
San Jose, CA 95130
Dublin Plaza Merchants Association
c/o Eric Weneberg
Albertson's Food Center #733
7333 Regional Street
Dublin, CA 94568
Sanwa Bank of California
c/o Property Accounting #4245
9275 S. W. Peyton Lane
Wilsonville, Oregon 97070
Regional Street Joint Venture
The Cortana Group
800 El Camino Real #175
Menlo Park, CA 94025
Jeffrey Sandelman
P. 0. Box 20
Boise, Idaho 83726
Johnson Chamberlain
14 Commercial Boulevard #125
Novato, CA 94949 ,
COPIES TO: Applicant
Owner
ITEM NO. f3a,Address File
aer_r. I nc
LOCATION: 7155-7333 Regional Street
ASSESSOR PARCEL: 941-305-16, 17-1, 14-2, & 21
PARCEL SIZE: 13.8+ acres
GENERAL PLAN
DESIGNATION: Retail/Office
DOWNTOWN SPECIFIC
PLAN DESIGNATION: Development Zone 6 Central Block West Retail
EXISTING ZONING
AND LAND USE: C-1; Retail Business District
SURROUNDING LAND
USE AND ZONING: The properties to the north, south, east and
west are zoned C-1, Retail Business District
with Commercial Retail uses.
ZONING HISTORY:
Since November 13, 1984, eighteen separate Art & Craft Fairs
have been conducted during the summer and winter months with
Conditional Use Permit approvals.
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 two
separate art and craft fairs, for up to four days each, per a
twelve month period per lot 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.
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 is a
minor temporary use of land having negligible effects on the
environment.
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PAGE 2 of 1 ti-
NOTIFICATION: Public Notice of the June 1, 1992, hearing was
published in the local newspaper, mailed to adjacent
property owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use
Permit to operate two Art and Craft Fairs at the Dublin Plaza
Shopping Center, to be held July 16-19, 1992 and December 3-6,
1992.
The Applicant's request complies with the City's adopted
Ordinance relating to Art and Craft Fairs in that the request is
for two four -day fairs within a 12-month period as stipulated in
the Ordinance.
The request to set up the two fairs along the pedestrian
walkway area stretching from the Albertson Market to the Mervyns
Department Store is being coordinated with and sponsored by the
Dublin Plaza Shopping Center Merchants Association. The fairs
are not anticipated to create any special problems for the
existing commercial tenants at the shopping center. The City has
no record of any zoning violations associated with the previous
fairs operated by the Applicant.
The fairs will consist of 20 to 25 booths with the
individual artists or craft persons exhibiting their wares. The
proposed hours of operation for the fair are between 9:00 a.m.
and 6:00 p.m.
Additionally, the last five previous years the Applicant
requested the Commission to allow exhibitors to sleep overnight
in their recreational vehicles on site. The Commission has
permitted overnight use of the RV's with the number and location
subject to review and approval by the Planning Director. The
Applicant anticipates approximately four overnight RV's this
year. There is no record of any problems occurring from the
sleep overs; 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.
-3-
PAGE3OF17"'
ACTION: Staff recommends the Planning Commission adopt the
attached Resolution (Exhibit B) approving Conditional
Use Permit PA 92-024 Marg-ett Art & Craft Fairs.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Site Plan
Draft Resolution approving Conditional Use Permit
Background Attachments:
1. Location Map/Zoning Map
2. Applicant's Written Statement
3. Dublin Plaza Merchants Association Agreement dated April 14,
1992
4. Dublin Plaza Merchants Association Sponsorship Letter dated
April 20, 1992.
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PAGE 4 OF 1)'
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RESOLUTION NO. 92-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 92-024 MARG-ETT ART AND CRAFT FAIRS - MARIETTA LEWIS
(APPLICANT) DUBLIN PLAZA SHOPPING CENTER MERCHANTS ASSOCIATION
(SPONSOR) CONDITIONAL USE PERMIT REQUEST TO ALLOW TWO ART AND CRAFT
FAIRS AT THE DUBLIN PLAZA SHOPPING CENTER
WHEREAS, Marietta Lewis and Dublin Plaza Shopping Center
Merchants Association request approval of a Conditional Use Permit to
allow two Art and Craft Fairs at the Dublin Plaza Shopping Center
(July 16-19, 1992 and December 3-6, 1992); and
WHEREAS, the Planning Commission did hold a public hearing on
said application on June 1, 1992; 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 arts and crafts fairs for up to two
separate events of a maximum of four days each, per a twelve month
period, 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 conditionally 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 pedestrian store front areas of this portion of
the Dublin Plaza Shopping Center for two short-term art and craft
fairs 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.
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.
EXHIBIT 8
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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 and Craft Fairs are consistent
with the City Ordinance No. 18-84 in that the proposal will not
exceed 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, [P0] Police, [PW1 Public Works, [ADM]
Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
1. PA 92-024 is approved for two Art & Craft Fairs for four days
each (July 16-19, 1992 and December 3-6, 1992, between the hours
of 9:00 a.m. and 6:00 p.m.) to be held at the Dublin Plaza
Shopping Center (7155-7333 Regional Street) as generally depicted
on the partial shopping center site plan dated received April 14,
1992 (Exhibit A) stamped approved. [PL, PO]
2. The items sold at the fair 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 traffic
is not shifted into the adjoining driveway/fire-lane aisle. [PL,
PO]
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DACE
1
3. 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. [PL, PO]
4. The use of "A -Frame" signs is prohibited, per Section 8-87.40(D)
of the Dublin Sign Ordinance. Signage is restricted to a maximum
of two 24 square foot signs. Signage shall not be located within
the public right-of-way. Temporary no-parking/no-stopping signs
shall be posted along the curb line. [PL]
5. Any trash or litter resulting from the event shall be removed by
the Applicant immediately after the fair. [PL]
6. No art or craft items shall be left on the premises overnight.
[PL, PO]
7. 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 fairs. [PL]
8. Assigned recreational vehicle parking for the Art & Craft Fair
exhibitors shall be provided on the premises with the number and
location subject to review and comment by the Dublin Plaza
Shopping Center Merchants Association and subject to review and
approval by the Dublin Planning Department. Said review shall
occur a minimum of two weeks prior to the Art & Craft Fair. [PL]
9. All activities shall be controlled so as not to create a nuisance
to the existing retail businesses within the Dublin Plaza Center.
[PL]
10. 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 of condition of this permit shall be
subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 1st day of June, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
3
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ATTACHMENT IZ
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MARL - ETT
ART AND CRAFT SHOWS
1377 WYLIE WAY
SAN JOSE, CA. 95130
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RECEIVED -
APR 141992
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ATTACHMENT Z
PAGE 1 OF Z
AGREEMENT
The parties to this Agreement are 2.61.����- 1,7211,c:,, , and Marg-ett Shows.
Center is the owner or lessor of the premises kno n
(hereinafter referred to as the "Center"). Marg-ett Shows desires to use a portion of the
premises for certain periods of time, for the purposes hereafter specified.
The parties agree as follows:
I. The type of activity is as follows:
2. The date of the activity is
446/ A- / / %f1 ..2-2
3. The Center agrees that Marg-ett Shows may use and occupy that portion of
the premises which is designated on Exhibit A for the purpose of selling arts and crafts
on the dates above specified during the hours of %'Do/1Mi to /a,`L`Ot 'I on said dates.
This location shall not be changed without the prior consent of Marg-ett Shows.
4. Marg-ett Shows will maintain location in a clean condition.
5. Marg-ett Shows shall obtain any and all permits that may be lawfully required
by the appropriate governmental authorities with respect to the activities.
6. Marg-ett Shows shall obtain, or Ilas obtained, the following insurance in
connection with tthe ctivify: `f /crocc() :-f -', : Ct&-
7. Any party to, is agreement may cancel or terminate this agreement by giving
notice thereof to the remaining parties so long cis said notice is given at least
i-e. .ct,.L,1,o (3o ) days prior to the first day the activity is set to take place.
8. Marg-ett Shows shall pay the Center a lump sum in consideration of this
agreement, in the amount of , receipt of which is hereby acknowledged.
IN WITNESS WHEREOF, the parties hereto have executed this agreement, this
/ Y— - day of �,c3.Gc(%y>-,7 , 19 G% "
Marietta Lewis
RECEIVED
APR 14 1992
_ - 7333 ftecq Sj "
DUBLIN PLANNING
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ATTACHMENT 3
PAGE IL OF 1)"`
Marg-Ett
Art and Craft Shows
1377 Wylie Way
San Jose, CA 95130
(408) 248-0769
April 20, 1992
City of Dublin
100 Civic Plaza
P.O. Box 2340
Dublin, CA 94568
To whom it may concern:
The merchant shopping center in Dublin Plaza is sponsoring the Marg-Ett art and craft
show. The center houses major stores such as Albertsons Super Market, Aaron Bros.,
Payless Drug, Mervyn's Department Store. The Marg-Ett Art and Craft Show will take
place at the Dublin Plaza Shopping Center located on Regional Street in Dublin,
California. The show will run from July 16-19, 1992 and on December 3-6, 1992.
Sincerely,
733? 7
RECEIVE
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DUBLIN PLANNING
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ATTACHMENT
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