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HomeMy WebLinkAbout6.1 - Love Psychic Use PermitSTAFF REPORT Planning Commission Page 1 of 4 Agenda Item 6.1 DATE:January 8, 2021 TO:Planning Commission SUBJECT:Love Psychic Conditional Use Permit (PLPA-2021-00016) Prepared by: Anne Wong, AICP, Assistant Planner EXECUTIVE SUMMARY: The Planning Commission will consider a Conditional Use Permit to allow a fortunetelling business at 6500 Dublin Boulevard, Suite 200E, within the Dublin Station Shopping Center. The Applicants, Janet Adams and Jennifer Miller of Love Psychic, would provide psychic, palm and tarot card readings. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and adopt the Resolution approving a Conditional Use Permit to allow a fortunetelling business located at 6500 Dublin Boulevard, Suite 200E. DESCRIPTION: Background The proposed fortunetelling business would be located at 6500 Dublin Boulevard on the second floor of a two-story commercial building within the Dublin Station Shopping Center, as shown on the vicinity map (Figure 1). The site has a General Plan land use designation of Retail/Office and Automotive and is located within General Commercial zoning district. The Applicant is proposing to operate a fortunetelling business in an existing 150-square-foot tenant space. The tenant space, Suite 200E, is part of a larger office suite (Suite 200), that consists of a 1,620-square-foot shared lobby and other individual office suites (Suite 200 A through I). All suites are approximately the same size at 150-square-feet each. Other uses occupying Suites 200 A through I include office uses such as financial, signage, and software services. The second floor of the building includes office uses such as financial, insurance, consulting, and health services. The first floor of the building and the other one-story building within the shopping center have a variety of commercial uses such as restaurants, a supermarket, a beauty salon, a commercial school, a children’s robotics facility, and retail stores. 4 Page 2 of 4 Figure 1 Vicinity Map Proposed Project The Applicant is proposing to use an existing office space to provide psychic, palm and tarot card readings. The Zoning Ordinance classifies such services under the fortunetelling use type. Fortunetelling businesses and operations are conditionally permitted in the General Commercial zoning district. No interior or exterior modifications to the building are proposed. According to the Applicant, the business would require placement of a desk, two chairs, a shelf and a treatment bed in the tenant space. 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, safety and parking. Conditions of approval have been included in the Planning Commission Resolution where appropriate to ensure compatibility with the surrounding commercial uses (Attachment 1). Operating Characteristics The proposed fortunetelling business would operate between the hours of 10:00 a.m. to 8:00 p.m. from Monday through Saturday as stated on the written statement (Attachment 2). The services provided would include psychic, palm and tarot card readings. All readings would be conducted in person on a one-on-one basis or over the telephone. As required by Condition of Approval No. 26, no group readings would be offered. Readings are by scheduled appointments or by walk-ins during business hours. Parking A fortunetelling business is required to provide one space per 250 square feet of floor area. At 150 square feet, the proposed location would require one parking space. Including Love Psychic, the 5 Page 3 of 4 existing tenants of the shopping center require a combined total of 194 parking spaces, which includes the 10% reduction in the parking requirement for the shopping center. The 10% reduction was approved in coordination with the widening of Dublin Boulevard. This was also captured in an approved Minor Use Permit for Shared Parking for the Peacock Banquet Hall, an eating and drinking establishment at the shopping center (PLPA-2015-00052). With the 10% reduction, 194 (opposed to 215) parking spaces are required. A total of 211 parking spaces are available on-site, thus, with the addition of the proposed use, a surplus of 17 parking spaces would remain based on the current tenant mix. The site plan is included in Attachment 3. Fortune Telling Permit In addition to a Conditional Use Permit, fortunetelling also requires a permit from Dublin Police Services. Pursuant to Chapter 4.08 of the Dublin Municipal Code, an applicant for a fortunetelling permit must first obtain a Conditional Use Permit. As part of the review process for the Conditional Use Permit, the application was reviewed by the Dublin Police Services. Conditions of Approval Nos. 21-28 were provided by Dublin Police Services and have been included to ensure the safety of customers and employees. Consistency with General Plan, Specific Plans and Zoning Ordinance The proposed project is consistent with the General Plan land use designation of Retail/Office and Automotive. The proposed project is located in the General Commercial zoning district, which allows for the operation of a fortunetelling business as a conditional use. Review by Applicable Departments and Agencies The Building and Safety Division, Public Works Department, Fire Prevention Bureau, and Dublin Police Services reviewed the proposed project and conditions of approval are proposed to ensure that the project complies with all local ordinances and regulations. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. Staff recommends that the Planning Commission find the project is categorically exempt from the requirements of CEQA in accordance with CEQA Guidelines Section 15301 (Existing Facilities). The project involves no expansion of the existing commercial building and all proposed activities will be within the existing building. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Hearing Notice was mailed to all property owners and occupants within 300 feet of the proposed project. The Public Hearing Notice was also published in the East Bay Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant and posted to the City’s website. 6 Page 4 of 4 ATTACHMENTS: 1) Resolution Approving a Conditional Use Permit 2) Exhibit A to Resolution- Written Statement 3) Exhibit B to Resolution- Project Plans 7