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HomeMy WebLinkAboutPC Reso 12-01 Dublin Psychic CUPRESOLUTION NO. 12-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLtN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION 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 (QDZD}; 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 far 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 far environmental impacts and that enviranmental 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 Gity of Dublin Planning Commission recommending approval of the Conditional Use Permit request;. and WHEREAS, the Planning Gommission held a public hearing on said application an January 24, 2012; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Gommission 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. 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 shat! 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- Residentiaf 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 in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). D. There are adequate provisions far public access, wafer, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safely, 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 and intensity of the use and re/afed 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 pen`ormance 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 Adams subject to the following conditions: 2 of 7 CONDITIONS OF APPROVAL Unless stated otherwise, afl Gonditions 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, Zane 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 Ap royal contained herein. 2. Permit Expiration. The approved Fortune Telling PL 1 year of DMC use shall commence within one (1) year of Permit Permit 8.96A20.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 I concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed accordin 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 3 of 7 requests shall be noticed and a public hearing or public meeting shall be held as required by the articular 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 andlor Dublin Police Services to determine compliance with the Conditions of Approval. s• 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 Zonin 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 ail 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 andlor 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 Zonin Ordinance. 11. Prohibited Signage. The use of any A-Frame, PL On-going DMG 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 strictl prohibited. 12. Outdoor Events. Any outside events shall be PL On-going DMG subject to the Temporary Use Permit requirements 8.108.020 contained in the City of Dublin Municipal Code, 4of7 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 surroundin 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 roceedin s. 15. Fees. Applicant/Developer sha[I 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. PLAN NING-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 menu of Community Development Department that a use Fortune Telling Permit has been obtained from Dublin Police Services. POLI CE 19. Security. The Project shall comply with all PO On-going Police applicable City of Dublin Non-Residential Security 5of7 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 Tellin 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 afl 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 tele hone. 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 Emer enc Response Card" to Police Services. 6 of 7 PASSED, APPROVED AND ADOPTED this 24th day of January 2012 by the following vote: AYES: Wehrenberg, Brown, Schaub, O'Keefe, Bhu#himethee NOES: ABSENT: ABSTAIN: ATTEST: Plannin M n ger ~---e ~Jr,~~~ Planning Gommissio hit G:IPA#120111PLPA-2011-00053 Dublin Psychic CUPIPC Reso Dublin Psychic CUP.doc 7 of 7