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Home My WebLink About86-035 Fortunetelling Zoning Ordinance Amendment CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: July 7, 1986 TO: Planning Commission FROM: Planning Staff tA-blH- SUBJECT: PA 86-035 Fortunetelling Zoning Ordinance Amendment. GENERAL INFORMATION: PROJECT: Zoning Ordinance Amendment: 1) defining fortunetelling; 2) requiring Conditional Use Permit in the C-1 District (Retail Business); and 3) prohibiting fortunetelling as a home occupation. APPLICANT: City of Dublin PROPERTY AND ZONING: City-Wide Zoned: C-1 and all Residential Zones NOTIFICATION: Public Notice of the July 7, 1986, hearing was published in The Herald and posted in public buildings ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared for this project pursuant to the provisions of CEQA. The project will not have a significant effect on the environment. BACKGROUND: On February 10, 1986, the City Council initiated consideration of a Zoning Ordinance Amendment regarding fortunetelling. The City Council referred the matter to the Planning Commission for review and recommendation, with direction to consider amending the Zoning Ordinance: 1) to allow fortunetelling in the C-1 Retail Business District with a Conditional Use Permit, and 2) to prohibit fortunetelling as a home occupation. ANALYSIS: As directed by the City Council, attached is a draft Ordinance amending the City Zoning Ordinance relating to fortunetelling. Under the City's current Ordinance, fortunetelling is not mentioned as a permitted or conditionally permitted use in any district, and therefore is prohibited. However, the California Supreme Court recently determined that an Ordinance similar to Dublin's was unconstitutional, hence the need to amend the City's Zoning Ordinance. The definition of fortunetelling included in the draft Ordinance was provided by the City Attorney's office and addresses all related forms of fortunetelling. ITEM NO. J.S COPIES TO: Applicant Owner PA File 86-035 The proposed Ordinance amendment allows fortunetelling in the C-1 District subject to approval of a Conditional Use Permit. The C-1 District is the most appropriate commercial district for fortunetelling operations due to its proximity to the residential districts. The majority of property in the C-1 District is adjacent to other commercial districts rather than residential districts. A fortunetelling use is comparable to other uses (massage parlors and adult entertainment operations) requiring Conditional Use Permit approval in the C-1 District. Historically, fortunetelling operations generate police concerns similar to massage parlors and adult entertainment facilities and are typically not suitable for commercial districts in close proximity to residential neighborhoods. The Conditional Use Permit process will allow the City to review each fortunetelling operation on its own merits on a case-by- case basis and apply appropriate conditions related to hours of operation or other conditions necessary to bring the use into conformance with surrounding uses. Additionally, the Conditional Use Permit process allows the City to deny the application if it's deemed inappropriate for the location. The draft Ordinance also prohibits fortunetelling as a home occupation in that it is not compatible with residential uses or consistent with the home occupation requirements. A fortunetelling operation typically requires customers to visit the site. The City's home occupation regulations strictly prohibit uses which would "result in on-street parking, or the generation of pedestrian or vehicular traffic beyond that normal to the District." However, specifically listing fortunetelling as a use not permitted as a home occupation clearly indicates that the use is not a suitable use for a residential district. RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Hear Staff presentation. Open public hearing. Hear ~bliG presentations. Close public hearing. Adopt Resolution recommending approval of Zoning Ordinance amendment relating to fortunetelling. ACTION: Staff recommends the Planning Commission adopt the attached Resolutions approving the Negative Declaration and the approval of PA 86-035 Fortunetelling Zoning Ordinance Amendment. ATTACHMENTS: Exhibit A - Draft Fortunetelling Ordinance Exhibit B - Resolution of Approval for Negative Declaration Exhibit C - Resolution recommending approval of PA 86-035 Fortunetelling Ordinance -2- /- I ( '. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE CITY ZONING ORDINANCE REGARDING FORTUNETELLING The City Council of the City of Dublin does ordain as follows: SECTION 1. Amendments: A. Section 8-20.16.6 (Definitions) of the Dublin Zoning Ordinance is hereby added to read: "8-20.16.6 FORTUNETELLING. Fortunetelling means the telling of fortunes, forecasting of futures or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature for pay, including a fee, reward, donation, loan, or receipt of anything of value." B. Section 8-48.2 (t) (Conditional Uses: C-1 Districts) of the Dublin Zoning Ordinance is hereby added to read: "t) Fortunetelling." C. Section 8-60.22 (m) (Home Occupations) of the Dublin Zoning Ordinance is hereby added to read: "m) Fortunetelling as defined in Section 8-20.16.6 (Definitions)." Section 2. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, the validity of the remaining portions of this Ordinance shall not be affected thereby. -1- EXHIBIT ~ . r ( Section 3. Effective Date and Posting of Ordinance: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1986, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- RESOLUTION NO. 86 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA 86-035 FORTUNETELLING ZONING ORDINANCE AMENDMENT WHEREAS, on February 10, 1986, the City Council directed the Planning Commission to consider amending the Zoning Ordinance to allow fortunetelling in the C-1 Retail Business District with a Conditional Use Permit, and to prohibit fortunetelling as a home occupation; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City environmental regulations, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an initial study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application; and WHEREAS, public notice of the Negative Declaration was given in all respects as required by State Law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a public hearing on July 7, 1986; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission finds as follows: 1. That the project PA 86-035 Fortunetelling Zoning Ordinance Amendment will not have a significant effect on the environment. 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED that the Dublin Planning Commission hereby adopts the Negative Declaration for PA 86-035 Fortunetelling Zoning Ordinance Amendment. PASSED, APPROVED AND ADOPTED this 7th day of July 1986. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director EXHIBIT B RESOLUTION NO. 86 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 86-035 FORTUNETELLING ZONING ORDINANCE AMENDMENT WHEREAS, the existing City of Dublin Zoning Ordinance prohibits fortunetelling uses within the City; and WHEREAS, the City Attorney determined that Dublin's Zoning Ordinance prohibiting fortunetelling is similar to an Ordinance which the California Supreme Court recently held unconstitutional; and WHEREAS, on February 10, 1986, the City Council directed the Planning Commission to consider amending the Zoning Ordinance to allow fortunetelling uses in the C-1 (Retail Business) District with a Conditional Use Permit, and to prohibit fortunetelling as a home occupation; and WHEREAS, a draft Ordinance amending the City's Zoning Ordinance regarding fortunetelling has been prepared; and WHEREAS, the Planning Commission held a public hearing on said draft Ordinance on July 7, 1986; 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 a Negative Declaration has been adopted (Planning Commission Resolution No. 86-___) for this project as it will not have significant effect on the environment; and WHEREAS, a Staff Report was submitted regarding said draft Ordinance; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find that the draft Ordinance will meet the following purposes: 1. Provide a district in the City for the location of potential fortunetelling uses. 2. Protect the character and stability of existing residential and commercial districts within the City. BE IT FURTHER RESOLVED that the Planning Commission does hereby find that the draft Ordinance is consistent with the City's General Plan, and does hereby recommend that the City Council adopt the Zoning Ordinance Amendment (PA 86-035) regarding fortunetelling. PASSED, APPROVED AND ADOPTED this 7th day of July 1986. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director J:.. y..... '.'.' H........ ."..'..i.'.~.".lI\.,i.T. " " II '. ~, i ~ .' ~ i ,. t[~,.~ w.,., U WJ . (!,