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HomeMy WebLinkAbout6.1 Attachment 1 - Resolution Approving a Conditional Use PermitAttachment 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A FORTUNETELLING BUSINESS LOCATED AT 6500 DUBLIN BOULEVARD, SUITE 200E WHEREAS,the Applicants, Janet Adams and Jennifer Miller of Love Psychic, are requesting a Conditional Use Permit to operate a fortunetelling business within the Dublin Station Shopping Center located at 6500 Dublin Boulevard, Suite 200E; and WHEREAS,the project site has a General Plan land use designation of Retail/Office and Automotive and is within the General Commercial zoning district; and WHEREAS,fortunetelling businesses are subject to the approval of a Conditional Use Permit by the Planning Commission in the General Commercial zoning district; and WHEREAS,the California Environmental Quality Act (CEQA), together CEQA Guidelines and Dublin’s CEAQ Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared when applicable; and WHEREAS,pursuant to CEQA Guidelines, the Conditional Use Permit for fortunetelling is categorically exempt under Section 15301 (“Existing Facilities”) because the project would occupy an office suite within an existing building; and WHEREAS,the written statement, attached as Exhibit A and project plans, attached as Exhibit B, depict and illustrate the proposed use, site plan and floor plan; and WHEREAS,a Staff Report, dated June 8, 2021, 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 June 8, 2021, to consider the proposed project at which time all interested parties had the opportunity to be hear; and WHEREAS,proper notice of said public hearing was given in all respects as required by law; and WHEREAS,the Planning Commission did hear and use independent judgement and considered all said reports, recommendations and testimony herein above set forth to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that, pursuant to Dublin Municipal Code section 8.100.060, the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the Conditional Use Permit for establishment and operation of a fortunetelling business, located at 6500 Dublin Boulevard, Suite 200E: 8 A.The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that:1) the project will occupy an office space in an existing commercial building on a fully improved site; 2) the project will be located on a parcel that is developed with general commercial uses, and fortunetelling is permitted with approval of a Conditional Use Permit by the Planning Commission; 3) the existing transportation and services facilities are adequate to serve the proposed use; 4) the project site is accessible from Dublin Boulevard and Dublin Court providing vehicular access; and 5) the number of parking spaces on-site are sufficient to serve both the existing uses and the proposed use within the shopping center. 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 proposed use will be conducted indoors and entirely within an office of an existing commercial 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 obtain a Fortunetelling Permit from Dublin Police Services; 3) the project will comply with all applicable regulations contained in the Dublin Municipal Code and Non-Residential Security Requirements; and 5) conditions of approval are include to ensure on-going compatibility with the site’s surroundings. C.The proposed use will not be injurious to property or improvements in the neighborhood in that: 1) the project consists of a fortunetelling business within an existing commercial office building; and 2) the use will be conducted indoors and entirely within an office of an existing commercial building so as not to disturb surrounding businesses 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; 2) the project will not create a demand for additional utilities or services beyond that which already exists to serve the commercial building; and 3) pedestrian and vehicular access is provided to the site from existing sidewalks on Dublin Boulevard and Dublin Court. E.The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that:1) the proposed use will be located within an existing commercial building with the General Commercial zoning district which permits a fortunetelling business with approval of a Conditional Use Permit; 2) the proposed number of staff, size of the office suite, and scope of services provided will naturally limit the intensity of the use; and 3) 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) the project will occupy an office space in an existing commercial building on a fully improved site; 2) fortunetelling is permitted with approval of a Conditional Use Permit by the Planning Commission; and 3) the use will be conducted indoors and entirely within an office of an existing commercial building. G.It is consistent with the Dublin General Plan and with any applicable Specific Plans in that:1) the project is consistent with the General Plan land use designation of Retail/ 9 Office and Automotive which allows a range of commercial uses including fortunetelling with approval of a Conditional Use Permit; and 2) the proposed use will be compatible with other commercial uses on the subject property and is allowed in the Retail/Office and Automotive designation such as offices and retail stores. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby approves a Conditional Use Permit for the establishment and operation of a fortunetelling business, located at 6500 Dublin Boulevard, Suite 200E, as indicated and depicted on the written statement dated October 28, 2020, and included as Exhibit A and as shown on the project plans dated October 16, 2020, and included as Exhibit B, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department 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] Alameda County Fire Department, [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, [CHS], California Department of Health Services. CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: GENERAL 1.Approval. This Conditional Use Permit approval allows a fortunetelling business located at 6500 Dublin Boulevard, Suite 200E, PLPA-2021-00016. This approval shall generally conform to and be as depicted and indicated by the written statement attached as Exhibit A, prepared by the Applicant, dated October 29, 2020 and plans attached as Exhibit B, prepared by Architenders Inc, consisting of 1 sheet, dated October 16, 2020, and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. PL On-going 2.Effective Date. This Conditional Use Permit approval becomes effective 10 days following action by the Planning Commission unless appealed before that time in accordance with the Dublin Zoning Ordinance. PL On-going 3.Permit Expiration. The approved use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. PL One Year After Effective Date 4.Time Extension. The Community Development Director may grant an extension of the approval for a period not to exceed twelve (12) months, upon the Applicant’s written request prior to expiration, and the determination that all Conditions of PL Expiration Date 10 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Approval remain adequate and all applicable findings of approval will continue to be met. 5.Approval Period. This Conditional Use Permit approval shall be null and void in the event the approved use and/or structures cease to operate for a continuous one-year period. PL On-going 6.Compliance. The Applicant shall operate this use in compliance with the Conditions of Approval of this Conditional Use Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL, PW On-going 7.Revocation of Permit. The Conditional Use Permit approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 8.Requirements and Standard Conditions. The Applicant shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Various Building Permit Issuance 9.Required Permits. The Applicant shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance 10.Fees. The Applicant shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact 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. Various Building Permit Issuance 11.Indemnification.The Applicant shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and 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 ADM On-going 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 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. 12.Clarification of Conditions of Approval.In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director and the Public Works Director have the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director and the Public Works Director also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. Various On-going 13.Minor Amendments. Modifications or changes to this Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. PL On-going 14.Property Maintenance.Per the City of Dublin Non- Residential Property Maintenance Ordinance 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 regular and continuous basis. PL On-going 15.Noise/Nuisance. The Applicant shall control all activities on the site so as not to create a nuisance to the surrounding businesses and residents. PL On-going 16.Permanent Signage.Prior to the installation of any on-site signage, the Applicant shall apply for and receive approval from the Planning Division. All signage shall be consistent with the Shamrock Village Master Sign Program. PL Sign Installation 17.Temporary Signage. All temporary signage shall conform to the requirements of the Dublin Zoning Ordinance at all times. PL Sign Installation BUILDING & SAFETY 18.Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 19.Building Permits. To apply for building permits, Applicant shall submit electronic drawings and specifications for plan check. B Issuance of Building Permits 12 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. POLICE SERVICES 20.Security. The Project shall comply with all applicable City of Dublin Non-Residential Security Requirements, including but not limited to lighting within bathrooms, exterior lighting, and exterior doors. PO On-going 21.Fortunetelling Permit Required. No person shall engage in the act of fortunetelling without first having obtained a permit from the Chief of Police in accordance with the provisions of Chapter 4.08 Fortunetelling of the Dublin Municipal Code. PO Occupancy and On- going 22.Fortune Telling Ordinance Requirements. The Project shall comply with all applicable City of Dublin Fortunetelling Ordinance requirements. PO On-going 23.Business License. A City of Dublin business license shall be obtained and shall be kept current at all times. PO On-going 24.Safety Talk. The Applicant shall schedule a 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. PO On-going 25.Fee Schedule. The Applicant shall post in public view at all times a specific fee schedule for all services provided. PO On-going 26.In-Person and Telephone Services. The Applicant shall provide all fortunetelling services in-person and on a one-on- one basis or by telephone. PO On-going 27.Door Alarm. The Applicant shall install a door alarm/chime(s) should the space be divided such that the occupants’ view of the entrance door is blocked. PO On-going PASSED, APPROVED AND ADOPTED this 8th day of June 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 13 ______________________________ Planning Commission Chair ATTEST: _________________________________ Kristie Wheeler Assistant Community Development Director 14