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Home My WebLink About6.1 Fortunetelling Ordinance Zoning Amend CITY OF DUBLIN _ AGENDA STATEMENT City Council Meeting Date: July 28, 1986 SUBJECT: Public Hearing: PA 86-035 Fortunetelling Ordinance Zoning 'Ordinance Amendment EXHIBITS ATTACHED: Exhibit A: Resolution Adopting a Negative Declaration for PA 86-035 Fortunetelling Ordinance. Exhibit B: Ordinance Amending the City Zoning Ordinance Regarding Fortunetelling. Attachment 1: Planning Commission Resolution No. 86-035 Recommending Approval of Zoning Ordinance Amendment. RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation 3) Receive Public Testimony 4) Close Public Hearing and Deliberate 5) Adopt Resolution for Negative Declaration for PA 86-035 Zoning Ordinance Amendment 6) Waive Reading and Introduce Ordinance Amending City Zoning Ordinance Relating to Fortunetelling. FINANCIAL STATEMENT: None. DESCRIPTION: The City's existing Zoning Ordinance does not mention fortunetelling as either a conditional use or a permitted use and is therefore a prohibited use within the City. However, the California Supreme Court determined- that an Ordinance similar to Dublin's was unconstitutional, prompting the need for the Amendment to the City's Zoning Ordinance. At the February 10, 1986, City Council meeting, the Council directed the Planning Commission to consider amending the Zoning Ordinance to permit fortunetelling in the C-1 Retail Business District with a Conditional Use Permit and to prohibit fortunetelling as a home occupation. At the July 7, 1986, Planning Commission meeting, the Commission reviewed the Draft Ordinance and adopted a resolution recommending the City Council amend the Zoning Ordinance as directed. The attached draft Ordinance proposes to amend the C-1 District to permit fortunetelling, subject to the approval of a Conditional Use Permit. The C-1 District is the most appropriate commercial district within the City for fortunetelling use, in that the majority of C-1 property in the City is located adjacent to other commercial property rather than to residential property (as is the case with C-2 District property) . The Conditional Use Permit process provides a mechanism whereby each individual fortunetelling operation can be reviewed on its own merits with appropriate conditions of approval applied on a case-by-case basis. The draft Ordinance also prohibits fortunetelling as a home occupation, as this type of use typically requires customers to visit the site and is therefore inconsistent with the City's home occupation requirements and- incompatible with residential uses. Lastly, the draft Ordinance includes a comprehensive definition of fortunetelling provided by the City Attorney's office which addresses all related forms of fortunetelling. The entire draft Ordinance has been reviewed and approved by the City Attorney's office. In conjunction with this Zoning Ordinance Amendment, an amendment to the Municipal Code is also proposed (see related agenda item) , which will establish regulations and procedures for issuance of a Police Services permit for fortunetelling operations in the City. ---------------------------------------------------------------------------------------- ITEM N0. COPIES TO: PA 86-035 File RESOLUTION NO. 86 - A RESOLUTION OF THE CITY COUNCIL 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, on July 7, 1986, the Planning Commission held a public hearing to consider a draft Zoning Ordinance Amendment concerning fortunetelling; and WHEREAS, the Planning Commission recommended City Council approval of said Draft Ordinance; 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 City Council did review and consider the Negative Declaration at a public hearing on July 28, 1986; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council 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 City Council hereby adopts the Negative Declaration for PA 86-035 Fortunetelling Zoning Ordinance Amendment. PASSED, APPROVED AND ADOPTED this 28th day of July 1986. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk - - -- - - -- -- -- - - - 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- 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 ------------------=--------------------------------------------------------- RECOMMENDING ADOPTION OF PA 86-035 . FORTUNETELLING ZONING ORDINANCE AMENDMENT WHEREAS', the existing City of Dublin Zoning Ordinance prbhibits - 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 A1TACmH1211'M1mE[1T