HomeMy WebLinkAboutPC Reso No 2010-043RESOLUTION NO. 2010-43
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2010-05 TO OPERATE A
TATTOO/BODY PIERCING ESTABLISHMENT AS AN
ACCESSORY USE. THE SUBJECT PROPERTY IS LOCATED AT
134 N. MAIN STREET WITHIN THE NEIGHBORHOOD
COMMERCIAL (C-1) ZONING DISTRICT
WHEREAS, Desiree D. Eisenbarth of 'The Velvet Vault', has initiated
proceedings to request the approval of Conditional Use Permit No. 2010-05 (the "CUP")
in order to establish and operate a tattoo/body piercing establishment as an accessory
use within an existing building located at 134 N. Main Street (APN: 373-024-020) (the
"Project'). The site is within the Historic Downtown Elsinore Overlay District Boundary
and has a zoning designation of (N-C) Neighborhood Commercial Zoning District and
has a General Plan Land Use designation of Neighborhood Commercial (NC); and
WHEREAS, the Historic Downtown Elsinore Overlay District provides that
permitted uses are those uses that are permitted by the underlying zoning district; and,
WHEREAS, the underlying zoning district on the subject property is (C-1)
Neighborhood Commercial; and
WHEREAS, tattoo/body piercing establishments are neither a permitted use nor
conditionally permitted use in the (C-1) Neighborhood Commercial district; and
WHEREAS, however, on April 21, 2009, the Planning Commission of the City of
Lake Elsinore allowed tattoo/body piercing establishments as a conditionally permitted
use within the (N-C) Neighborhood Commercial zoning district after finding that the uses
comport with the purpose of the zoning district and are similar in characteristic to other
conditional uses in the zone; and
WHEREAS, on October 5, 2010 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed
conditional use and Conditional Use Permit No. 2010-05 prior to rendering its decision
and finds that the requirements of Chapter 17.168 of the Lake Elsinore Municipal Code
have been satisfied.
SECTION 2. The Planning Commission hereby finds and determines that
Conditional Use Permit No. 2010-05 is categorically exempt from the California
Environmental Quality Act (Public Resources Code 21000 et seq.: "CEQA") and the
Guidelines for Implementation of CEQA (14 California Code of Regulations 15000 et
seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (Existing Facilities)
PLANNING COMMISSION RESOLUTION NO. 2010-43
PAGE 2OF4
categorical exemption. Specifically, the Planning Commission finds that the CUP allows
for the operation of a tattoo/body piercing establishment within an existing building on a
fully developed site located at 134 N. Main Street (APN: 373-024-020).
SECTION 3. That in accordance with State Planning and Zoning Law and the
Lake Elsinore Municipal Code, the Planning Commission makes the following findings
for approval of CUP No. 2010-05:
1. The proposed use, on its own merits and within the context of its
setting, is in accord with the objectives of the General Plan and the purpose of
the planning district in which the site is located.
Issuance of this Conditional Use Permit will facilitate the creation of a well
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses. The proposed land use conforms to the
objectives of the General Plan and the planning district in which the site is
located.
2. The proposed use will not be detrimental to the general health,
safety, comfort, or general welfare of persons residing or working within the
neighborhood of the proposed use or the City, or injurious to property or
improvements in the neighborhood or the City.
All applicable City departments and agencies have been afforded an opportunity
to review the use permit and recommend various conditions of approval as set
forth in the conditions of approval attached to the staff report for this CUP.
Conditions have been applied relating to the proposed use, so as to eliminate
any negative impacts to the general health, safety, comfort, or general welfare of
the surrounding commercial development and the City.
3. The site for the intended use is adequate in size and shape to
accommodate the use, and for all the yards, setbacks, walls or fences,
landscaping, buffers and other features required by Title 17 of the Lake Elsinore
Municipal Code.
The proposed Conditional Use Permit is for the operation of tattoo/body piercing
establishment as an accessory use to be located within an retail store known as
`The Velvet Vault' at 134 N. Main Street (APN: 373-024-020). The proposed
accessory use has been analyzed and staff has determined that the proposed
use meets all applicable sections of the Lake Elsinore Municipal Code and will
compliment the existing uses, based on the submitted plans and attached
conditions of approval.
4. The site for the proposed use relates to streets and highways with
proper design both as to width and type of pavement to carry the type and
quantity of traffic generated by the subject use.
The proposed operation of a tattoo/body piercing establishment as an accessory
use within an existing commercial building located at 134 N. Main Street (APN:
373-024-020) has been reviewed in relation to the width and type of pavement
PLANNING COMMISSION RESOLUTION NO. 2010-43
PAGE 3 OF 4
needed to carry the type and quantity of traffic generated. The City has analyzed
the proposed parking for the site against Chapter 17.66 (Parking Requirements)
of the Lake Elsinore Municipal Code (LEMC) and based on the submitted plans
and the attached conditions of approval, has determined that the proposed use
will meet all requirements of Chapter 17.66 of the LEMC.
5. In approving the subject use, there will be no adverse affect on
abutting property or the permitted and normal use thereof.
The CUP has been thoroughly reviewed and conditioned by all applicable City
departments thereby eliminating the potential for any adverse effects.
6. Adequate conditions and safeguards pursuant to Lake Elsinore
Municipal Code Section 17.74.50 have been incorporated into the approval of the
Conditional Use Permit to insure that the use continues in a manner envisioned
by these findings for the term of the use.
Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the proposed
tattoo/body piercing operation has been scheduled for consideration and
approval of the Planning Commission at the regularly scheduled meeting on
October 5, 2010.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves Conditional
Use Permit No. 2010-05.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, this 5th day of October, 2010.
wr
i Gonzales, Chai
of Lake Elsinore
ATTEST:
Robert A. Bra
City Manager
PLANNING COMMISSION RESOLUTION NO. 2010-43
PAGE 4 OF 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2010-43 was adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 5th day of October 2010, and
that the same was adopted by the following vote:
AYES: CHAIRMAN GONZALES, VICE-CHAIRMAN MENDOZA,
COMMISSIONER JORDAN, COMMISSIONER MORSCH,
COMMISSIONER O'NEAL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Robert A. Brady
City Manager
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME: CONDITIONAL USE PERMIT NO. 2010-05:
OPERATION OF TATOO/BODY PIERCING
ESTABLISHMENT AS AN ACCESORY USE (THE
VELVET VAULT)
PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees or
Agents to attach, set aside, void, or annul an approval of the City, its advisory
agencies, appeal boards, or legislative body concerning Conditional Use Permit
No. 2010-05 located at 134 N. Main Street (APN: 373-024-020).
2. The applicant shall submit a check in the amount of $64.00 made payable to the
County of Riverside for a Notice of Exemption. The check shall be submitted to the
Planning Division for processing within 48 hours of the projects approval.
3. The decision of the Planning Commission shall be final fifteen (15) days from the
date of the decision, unless an appeal has been filed with the City Council
pursuant to the provisions of Chapter 17.192 of the Lake Elsinore Municipal Code.
4. Prior to commencement of the proposed use, the applicant shall sign and complete
an "Acknowledgement of Conditions," and shall return the executed original to the
Community Development Department for inclusion in the case records.
5. The Applicant is to meet all applicable City Codes and Ordinances including all
exterior sign permitting requirements.
6. The Conditional Use Permit approved herein shall lapse and shall become void
one (1) year following the date on which the use permit became effective, unless
prior to the expiration of one (1) the use has been initiated.
7. The Conditional Use Permit shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of
Approval.
8. The Conditional Use Permit granted herein shall run with the land and shall
Approved by Planning Commission
October 5, 2010
continue to be valid upon a change of ownership of the site or structure which was
the subject of this approval.
9. An application for modification, expansion or other change to the conditional use
permit shall be reviewed according to the provisions of the Lake Elsinore Municipal
Code, Title 17 in a similar manner as a new application.
10. The basement of the building shall be used exclusively for storage at all times.
11. The tattoo/body piercing operation area shall be fully screened from the remainder
of the retail store area at all times. The specific method of screening shall be
reviewed and approved by the Director of Community Development and the
Building and Safety Official.
12. There shall be no loitering in or around the business.
13. Business hours shall be Sunday thru Saturday 12:00 p.m. to 11:00 p.m. In the
event the applicant operator proposes to modify the hours of operation, the
modification shall be subject to the review of the Community Development
Director. The Community Development Director may approve the modification or
refer the matter to the Planning Commission if judged to be substantial.
14. If operation of this use triggers concerns related to parking, noise, traffic, or other
impacts, at the discretion of the Community Development Director, this conditional
use permit may be referred back to the Planning Commission for subsequent
review at a public hearing. If necessary, the Commission may modify or add
conditions of approval to mitigate such impacts, or may revoke said conditional use
permit.
15. Prior to the commencement of the proposed use, the applicant shall meet with the
Sheriff Department to discuss the floor plan design and to obtain feedback on
security measures to be taken in conjunction with the proposed use.
16. The tattoo/body piercing business shall operate in compliance with all applicable
laws associated with this use.
17. The tattoo/body piercing business shall limit service to members of the public who
are at least 18 years of age and minors accompanied by a parent or legal
guardian.
18. There shall be no alcohol on the premises at any time.
19. No tattoo/body piercing services shall be provided to individuals suspected of
Approved by Planning Commission.
October 5, 2010
being under the influence of alcohol.
20. The applicant shall comply with all conditions of approval prior to commencement
of the proposed use.
RIVERSIDE COUNTY HEALTH DEPARTMENT
21. The applicant/operator shall comply with all requirements of the Riverside County
Health Department.
RIVERSIDE COUNTY SHERIFF DEPARTMENT
22. The applicant/operator shall comply with all requirements of the Riverside County
Sheriff Department.
RIVERSIDE COUNTY FIRE DEPARTMENT
23. The applicant/operator shall comply with all requirements of the Riverside County
Fire Department.
End of Conditions
Approved by Planning Commission
October 5, 2010