HomeMy WebLinkAbout8.1 Attch 2 PC Reso CUPRESOLUTION NO. 12-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR THE ONERATION OF A
FORTUNE TELLING BUSINESS LOCATED .AT
6918 VILLAGE PARKWAY, SUITE B (APN 941-0210-008)
PLPA-2011-00053
WHEREAS, Janet Adams, the Applicant, has requested approval of a Conditional Use
Permit to operate a Fortune Telling business at 6918 Village Parkway, Suite B; and
WHEREAS, the Applicant's Fortune Telling business is proposed to be located in the
Downtown Dublin Zoning District (DDZD); and
WHEREAS, Fortune Telling businesses are subject to approval of a Conditional Use
Permit by the Planning Commission in the Downtown Dublin Zoning District; and
WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit
for Fortune Telling; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the Conditional Use Permit for Fortune Telling is exempt from CEQA
pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit request; and
WHEREAS, the Planning Commission held a public hearing on said application on
January 24, 2012; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Conditional Use
Permit:
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the proposed project will
occupy space in an existing commercial building; 2) the existing transportation and
services facilities are adequate to serve the proposed use; and 3) the number of parking
spaces on-site are sufficient to serve both the existing and proposed tenants.
ATTACHMENT 2
B. The proposed use will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1)
the project has been conditioned to require that all activities be conducted entirely within
the existing building so as not to disturb surrounding businesses; 2) the project has been
conditioned to require that prior to establishing the use, the Applicant shall submit
evidence (copies) to the Community Development Department that a Fortune Telling
Permit has been obtained from Dublin Police Services; 3) the project has been
conditioned to comply with all Dublin Municipal Code requirements for Fortune Telling;
and 4) the project has been conditioned to comply with all applicable City of Dublin Non-
Residential Security Requirements.
C. The proposed use will not be injurious to property or improvements in the neighborhood
in that: 1) the project consists of Fortune Telling within an existing commercial office
building; and 2) adequate parking exists to serve the project ire accordance with Chapter
8.76 (Off-Street Parking and Loading Regulations).
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental
to the public health, safety, and welfare in that: 1) the project will be located on a fully
developed site that is served by existing utilities and services; and 2) the project will not
create a demand for additional utilities or services beyond that which already exists to
serve the commercial office building.
E. The subject site is physically suitable for the type, density an, d intensity of the use and
related structures being proposed in that: 1) the project has been deemed by the
Community Development Director to be an allowed use within the Downtown Dublin
Zoning District with an approved Conditional Use Permit; and 2) Conditions of Approval
have been included to ensure compatibility with the site and surrounding uses.
F. The proposed use will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is
located in that: 1) as conditioned, the proposed project is compatible with the Downtown
Dublin Zoning District in which it is located with approval of a Conditional Use Permit; and
2) adequate parking exists to serve the project in accordance with Chapter 8.76 (Off-
Street Parking and Loading Regulations).
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the project is consistent with the Downtown Dublin Village Parkway District
General Plan and Specific Plan land use designation for the site which encourages a
variety of commercial uses; and 2) the project is consistent with the Downtown Dublin
Specific Plan and Zoning District which conditionally permits such uses.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit for Fortune Telling for Janet Adarns subject to the following
conditions:
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CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of
building permits and shall be subject to Planning Division 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/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
NO. When
CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Conditional Use Permit approval PL On-going Planning
is to establish and operate a Fortune Telling
business at 6918 Village Parkway, Suite B. This
approval shall conform to the Applicant's written
statement dated received by the Planning Division
on December 21, 2011 and plans dated received
by the Planning Division on November 28, 2011
and other plans, text, and diagrams relating to this
Conditional Use Permit, unless modified by the
Conditions of Approval contained herein.
2• Permit Expiration. The approved Fortune Telling PL 1 year of DMC
use shall commence within one (1) year of Permit Permit 8.96.020.D
approval, or the Permit shall lapse and become approval
null and void. Commencement of construction or
use means the actual construction or use pursuant
to the permit approval, or, demonstrating
substantial progress toward commencing such
construction or use. If there is a dispute as to
whether the Permit has expired, the City may hold
a noticed public hearing to determine the matter.
Such a determination may be processed
concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a
new application must be made and processed
according to the requirements of this Ordinance.
3• Time Extension. The original approving decision- PL 1 year of DMC
maker may, upon the Applicant's written request Permit 8.96.020.E
for an extension of approval prior to expiration, approval
and upon the determination that any Conditions of
Approval remain adequate to assure that
applicable findings of approval will continue to be
met, grant a time extension of approval for a
period not to exceed 6 months. All time extension
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requests shall be noticed and a public hearing or
public meeting shall be held as required by the
particular Permit.
4. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
approved use and/or structures cease to operate
for a continuous one-year period.
5• Annual Review. On an annual basis, this PL, PO On-going Planning
Conditional Use Permit approval may be subject to
a review by the Community Development
Department and/or Dublin Police Services to
determine compliance with the Conditions of
Approval.
6. Revocation. This permit shall be revocable for PL On-going DMC
cause in accordance with Dublin Zoning 8.96.020.1
Ordinance Section 8.96.020.1 (Revocation). Any
violation of the terms and conditions of this permit
may be subject to the issuance of a citation.
7. Minor Amendments. Modifications or changes to PL On-going DMC
this Conditional Use Permit approval may be 8.100.080
considered and approved by the Community
Development Director, if the modifications or
changes proposed comply with Section 8.100.080,
of the Zoning Ordinance.
$• Property Maintenance. Per the City of Dublin PL On-going DMC
Non-Residential Property Maintenance Ordinance 5.64.050
DMC Section 5.64.050, the Applicant and/or
Property Owner shall maintain the building, site
and all signage in good condition at all times and
shall keep the site clear of trash, debris and graffiti
vandalism on a re ular and continuous basis.
9. Graffiti. Per the City of Dublin Graffiti Ordinance PL, PO On-going DMC 5.68
DMC Section 5.68, the Applicant and/or Property
Owner shall keep the site clear of graffiti
vandalism at all times.
10. Temporary Promotional Banners and Balloons. PL On-going DMC
The use of Temporary Promotional Banners 8.84.050.S
and/or Balloons shall be subject to approval of a
Zoning Clearance and compliance with 8.84.050.S
(Temporary Promotional Signs) of the Dublin
Zoning Ordinance.
11. Prohibited Signage. The use of any A-Frame, PL On-going DMC
Portable Sign, or Sandwich Board Sign, or any 8.84.150
other sign contained in Section 8.84.150
(Prohibited Signs) of the Dublin Zoning Ordinance,
is strictly prohibited.
12. Outdoor Events. Any outside events shall be PL On-going DMC
subject to the Temporary Use Permit requirements 8.108.020
contained in the City of Dublin Municipal Code,
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specifically Section 8.108.020.
13. Noise/Nuisance. The Applicant shall control all PL On-going Planning
activities on the site so as not to create a nuisance
to the surrounding businesses and residents. _
14. Hold Harmless/Indemnification. The Applicant ADM On-going Admin /
shall defend, indemnify, and hold harmless the City
City of Dublin and its agents, officers, and Attorney
employees from any claim, action, or proceeding
against the City of Dublin or its agents, officers, or
employees to attack, set aside, void, or annul an
approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission, City
Council, Community Development Director, Zoning
Administrator, or any other department,
committee, or agency of the City to the extent such
actions are brought within the time period required
by Government Code Section 66499.37 or other
applicable law; provided, however, that the
Applicant's duty to so defend, indemnify, and hold
harmless shall be subject to the City's promptly
notifying the Applicant of any said claim, action, or
proceeding and the City's full cooperation in the
defense of such actions or proceedings. __
15. Fees. Applicant/Developer shall pay all applicable FIN Issuance Finance
fees in effect, including, but not limited to, Planning of Building
fees, Building fees, Traffic Impact Fees, TVTC Permits
fees, Dublin San Ramon Services District fees,
Public Facilities fees, Dublin Unified School District
School Impact fees (per agreement between
Developer and School District), Fire Facilities
Impact fees, Noise Mitigation fees, Inclusionary
Housing In-Lieu fees, Alameda County Flood and
Water Conservation District (Zone 7) Drainage and
Water Connection fees; or any other fee that may
be adopted and applicable.
PLANNING-PROJECT SPECIFIC
16. Hours of Operation. The Hours of Operation for PL On-going Planning
Fortune Telling shall be limited to 10:00 am -
10:00 pm seven da s a week.
17. Use. All business must be conducted entirely PL On-going DMC
within the buildin per DMC Section 8.24.020. 8.24.020
18. Proof of permits. Prior to establishing the use, PL Establish- Planning
the Applicant shall submit evidence (copies) to the ment of
Community Development Department that a use
Fortune Telling Permit has been obtained from
Dublin Police Services.
POLICE
19. Security. The Project shall comply with all PO On-going Police
applicable City of Dublin Non-Residential Securit
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Requirements, including but not limited to lighting
within bathrooms, exterior lighting, and exterior
doors.
20. Fortune Telling Permit Required. No person PO Occupancy DMC
shall engage in the act of fortune telling without and On- 4.08.020
first having obtained a permit from the Chief of going
Police in accordance with the provisions of
Chapter 4.08 Fortune Telling of the Dublin
Municipal Code.
21. Fortune Telling Ordinance Requirements. The PO On-going DMC
Project shall comply with all applicable City of 4.08
Dublin Fortune Telling Ordinance requirements.
22. Business License. A City of Dublin business PO On-going DMC
license shall be obtained and shall be kept current 4.04
at all times.
23. Safety Talk. The Applicant shall schedule a Police PO On-going Police
Services safety talk within the first month of
operation at this site. This can be arranged by
contacting the Crime Prevention Unit of Dublin
Police Services - (925 833-6670.
24. Fee Schedule. The Applicant shall post in public PO On-going Police
view at all times a specific fee schedule for all
services provided.
25. In-Person Services. The Applicant shall provide PO On-going Police
all Fortune Telling services in-person. No such
services shall be provided via telephone.
26. Door Alarm. The Applicant shall install a door PO On-going Police
alarm/chime(s) should the space be divided such
that the occupants' view of the entrance door is
blocked.
27. Business Emergency Response Card. The PO Occupancy Police
Applicant shall submit a complete "Business Site
Emergency Response Card" to Police Services.
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PASSED, APPROVED AND ADOPTED this 24th day of January 201? by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Manager
Planning Commission Chair
G:IPA#120111PLPA-2011-00053 Dublin Psychic CUPIPC Reso Dublin Psychic CUP.doc
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