PC 10/28/1998 - Laserfiche WebLink

Mr. Williams readdressed the Commission and stated his opposition to psychic businesses being compared to adult book stores. He stated he has never solicited and never will solicit business from minors. He noted his business helps people with concerns and problems and that he will comply with the City's regulations. He concluded by stating he has referrals available for the Commission. PUBLIC HEARING WAS CLOSED Discussion ensued relating to the City's ability to impose restrictions on psychic businesses, negative effects of psychic businesses operating in Pleasanton, the City's potential for a lawsuit being filed due to denial of First Amendment rights, and Supreme Court decisions on related psychic operation issues. Commissioner Roberts provided background information relating to non-traditional religious institutions that have previously operated in Pleasanton. The Church of the Divine Man has operated in Pleasanton for years with no problems. She said that we can't discriminate against what we don't believe in and can't deny peoples' rights. Commissioner Kameny reiterated that the Commission is only approving a zoning change and that it is a land-use decision. In response to an inquiry by Commissioner Kameny, Ms. Seto stated that supporting information relating to other City's placing age restrictions on psychic businesses has not been found, nor has information of the negative impacts on minors soliciting psychic businesses. Commissioner Sullivan stated that the Commission cannot deny applications because they do not agree with what is being proposed, due to First Amendment rights. Further, he stated that this is a land-use ` issue and that negative impacts on traffic and noise have not been shown. He expressed concern with the police permitting restrictions and with a community that regulates ideas for its citizens. In conclusion, he stated he would vote in favor of approving the application due to First Amendment issues. Commissioner Roberts stated her concurrence with approval of this application being a First Amendment issue. She stated that there are no proven secondary effects of allowing psychic businesses into a community and that people need to educate themselves and their children to their own values and have their own ideas relating to these issues. In conclusion, she stated she would vote in favor of approving the application. Commissioner Maas recommended that the City Council consider applying an age restriction on these businesses, if it is legally possible. Further, she stated this is a zoning and First Amendment issue and expressed concurrence with the police permitting process. Commissioner Kameny stated this is a zoning and First Amendment rights issue and he would be in support of approving the application. He requested that the City Council analyze issues raised by the citizens and the feasibility of applying age restrictions for minors to solicit business. Chairperson Kumaran expressed concurrence with the residents concerns; however, due to First Amendment right issues and unsubstantiated negative impacts of psychics businesses on the community, - he would vote in support of approving the application. PLANNING COMMISSION MINUTES Page 7 October 28, 1998