HomeMy WebLinkAbout8.1 PLPA 2011-00053 Dublin Psychic CUPSTAFF REPORT
PLANNING COMMISSION
DATE: January 24, 2012
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA 2011-00053 Dublin Psychic Conditional Use
Permit
Report prepared by Seth Adams, Assistant Planner
EXECUTIVE SUMMARY:
The Applicant is requesting approval of a Conditional Use Permit for the operation of a Fortune
Telling business at 6918 Village Parkway, Suite B.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the
public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing
and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit for the operation
of a Fortune Telling business located at 6918 Village Parkway, Suite B.
~.. ~' .
Submitted By
Assistant Planner
~"1 % ~ i ,
Rew~.wed By
Planning Manager
COPIES TO: Applicant/Property Owner
File
ITEM NO.: ~
G:\PA#\2011\PLPA-2011-00053 Dublin Psychic CUP\PCSR 1.24.12 Dublin Psychic.doc
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DESCRIPTION:
The project site is located within the
Parkway Plaza office center located
at 6918 Village Parkway (see Figure
1). The project site has a General
Plan Land Use designation of
Downtown Dublin -Village Parkway
District and is located within the
Downtown Dublin Specific Plan Area.
The site is zoned Downtown Dublin
Zoning District.
The Applicant is proposing to ~ ~ • " - r- ro~ect cite
operate a Fortune Telling business in .~ ~ ,~
an existing 140± square foot tenant ~3 ~~ ,~, *. ~,_
space. The subject space is r~ a ~~;~* n*~`~. ~ ,
between two similarly sized offices `~~
ti ~ ~~, ~ ~ ~~~~ ~-' : D~~blin Blvd
along an enclosed hallway which is ~ ~. '~, °~
directly accessed from the parking lot ;~~ `~~ '~~ ~`~ ~ _;: ,~ ~, }~-
+~
on the north side of the building. The '~~ ; -~ ti '~ ZG ~ -`` g~i~°~'``~'F_, ~~%
p ~ '~ ; ~,~,~ a. ~ ~
site and floor lans are included as ~' ~ i ~`"
Attachment 1 to this Staff Report. g"
No exterior modifications are ~ {`' . Fi ure 1 - Aenal Map ~- :~ ~~~`~
proposed and the only interior
modification would be painting. Other uses within the building currently include office-
professional, retail, personal services, animal sales and services, indoor recreation, commercial
school, and place of worship.
In order to provide a high degree of flexibility and to encourage business and development, the
Downtown Dublin Zoning District allows, prohibits, and conditionally permits a broad range of
commercial use types. The Applicant, Janet Adams, is proposing to use an existing tenant
space to provide psychic, palm and tarot card readings. The Zoning Ordinance classifies such
services under the Fortune Telling use type; however, this use is not specifically listed under the
Downtown Dublin Specific Plan land use designations. The Director has deemed Fortune
Telling to be a commercial use type that can be conditionally permitted in the Downtown Dublin
Zoning District, similar to other zoning districts throughout the City. Therefore, the Applicant is
requesting approval of a Conditional Use Permit to operate aFortune -Telling business.
ANALYSIS:
The Conditional Use Permit process exists to ensure that the operation of the proposed use is
compatible with the surrounding uses. The proposed project has been reviewed for issues
related to operating characteristics, security and parking. Conditions of Approval have been
included where appropriate to ensure compatibility with the surrounding commercial uses
(Attachment 2).
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Operating Characteristics
The Fortune Telling business has been conditioned to operate betweE~n the hours of 10:00 a.m.
to 10:00 p.m. seven days a week (Attachment 2, Condition 16). The services provided will be
psychic, palm and tarot card readings. All readings would be conducted in person on a one-on-
one basis. No group readings would be offered, and no readings would be conducted over the
telephone (Attachment 2, Condition 25). Readings will primarily be by scheduled appointment,
however walk-ins will also be accepted during scheduled business hours.
Security
The application was reviewed by Dublin Police Services and Conditions 19-27 were written to
ensure the safety of customers and employees.
Parking
The City of Dublin Zoning Ordinance contains parking requirements by Use Type (Section
8.76.080). A Fortune Telling business is required to provide one space per 250 square feet. At
140± square feet, the proposed location would require one parking space. Not including Dublin
Psychic the existing tenants of Parkway Plaza require a combined total of 58 parking spaces. A
total of 61 parking spaces are available on-site, meaning that with the addition of the Applicant's
business a surplus of two parking spaces would remain based on the current tenant mix.
Fortune Telling Permit
Chapter 4.08 of the Dublin Municipal Code further regulates Fortune Telling. It is unlawful for
any person to engage in Fortune Telling within the City without first obtaining a permit therefor
from the Chief of Police. To apply for this permit one must provide evidence of a Conditional
Use Permit allowing them to engage in Fortune Telling at the address indicated. Conditions 18
and 20 have been included, which require the business owner to obtain such permit from Police
Services prior to commencing operations.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State Guidelines and City
Environmental Regulations, require that certain projects be reviewed for environmental impacts
and when applicable, environmental documents prepared. Staff is recommending that the
Planning Commission find this project exempt from further environmental review pursuant to
CEQA Guidelines Section 15301 (Existing Facilities).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The project is consistent with the Downtown Dublin -Village Parkway District land use
designation of the General Plan and the Downtown Dublin Specific Plan. The Community
Development Director has determined that the Downtown Dublin Zoning District allows for the
establishment of a Fortune Telling business as a conditional use.
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REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin Police
Services reviewed the project and provided Conditions of Approval where appropriate to ensure
that the project is established in compliance with all local ordinances and regulations.
Conditions of Approval from these departments and agencies have been included in the
attached Resolution (Attachment 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a Public Notice was mailed to all property owners and occupants
within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times
and posted at several locations throughout the City. A copy of this Staff Report has been
provided to the Applicant.
ATTACHMENTS: 1) Project Plans.
2) Resolution Approving a Conditional Use Permit for the
operation of a Fortune Telling business located at 6918
Village Parkway, Suite B.
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GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSORS PARCEL
NUMBER:
GENERAL PLAN & SPECIFIC PLAN
LAND USE DESIGNATION:
ZONING:
SURROUNDING USES:
Janet Adams, 149 W. Canal Dr., Turlock, CA 95380
Charlotte & Joseph Jr. Fernandez Et al., 6918 Village
Parkway, Dublin, CA 94568
6918 Village Parkway, Suite E3
APN 941-0210-008
Downtown Dublin -Village Parkway District
Downtown Dublin Zoning District
CURRENT USE OF
LOCATION ZONING GENERAL PLAN LAND USE PROPERTY
North DDZD Downtown Dublin-Village Parkway Offices, Restaurants, Retail
District
South DDZD Downtown Dublin-Village Parkway Restaurants, Retail
District
East DDZD Downtown Dublin-Village Parkway Restaurants, Retail
District
West DDZD n/a Interstate 680
REFERENCES:
General Plan
Downtown Dublin Specific Plan
Zoning Ordinance
Municipal Code
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