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HomeMy WebLinkAboutItem No. 2CITY OF LADE LSIIYOIJE ` DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: FEBRUARY 21, 2012 SUBJECT: CONDITIONAL USE PERMIT NO 2011-11 -A REQUEST TO OPERATE A TATTOO ESTABLISHMENT IN APPROXIMATELY 1,800 SQUARE FEET OF LEASED SPACE WITHIN THE WESTLAKE VILLAGE COMMERCIAL CENTER LOCATED AT 31712 CASINO DRIVE, SUITE 1C APPLICANT: MIKE METZGER: 31712 CASINO DRIVE, SUITE 1C, LAKE ELSINORE, CA 92530 OWNER: TALWARS SQUARE, SHOPPERS SQUARE, 17165 NEW HOPE STREET, SUITE H, FOUNTAIN VALLEY, CA 92708 Background/Project Request The subject property is located within the Neighborhood Commercial (C-1) zoning district. On April 29, 2009, the Planning Commission made a determination that tattoo/body piercing establishments could be conditional permitted uses in the C-1 zone. This determination was made for the Velvet Vault Tattoo/body piercing establishment located at 138 N. Main Street. The applicant is requesting approval of a Conditional Use Permit (CUP) to establish and operate an upscale art gallery and tattoo establishment within Suite 1 C of the Westlake Village Commercial Center located at 31712 Casino Drive. Conditional Use Permit No. 2011-11 February 21, 2012 Page 2 of 3 Environmental Setting GENERAL PLAN Project C-1 Neighborhood C-1 Neighborhood :r. General Commercial Site Commercial Commercial North 1-15 Freewa 1-15 Freewa 1-15 Freeway South C-1 Neighborhood C-1 Neighborhood General Commercial Commercial Commercial East C-1 Neighborhood C-1 Neighborhood General Commercial Commercial Commercial West C-1 Neighborhood C-1 Neighborhood General Commercial Commercial Commercial Proposed Use & Operational Parameters The applicant is proposing a general retail area and a tattoo operation with a high end artwork display within the existing suite. The initial (1/3 of the shop) entry area proposes the retail business and reception area for the establishment. Following the entry area (1/3 of the shop) is the tattoo business and high end art studio. At the back end of the suite, behind the tattoo/art studio area is a supply/work area for the general business operations. The applicant has indicated that he and three independent tattoo contractors will operate the business at any one time. In addition, he also identified that the days and hours of operation for the business will be Monday-Sunday from 9 a.m. - 10:00 p.m. Analysis Given the unique issues associated with tattoo establishments, staff is recommending a variety of conditions of approval including, but not limited to, age restrictions for receiving service and the full screening of the tattoo operations. Staff believes the proposed use, with the attached conditions of approval, meets all applicable development standards and criteria outlined in the Neighborhood Commercial (C-1) Zoning District and Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). Environmental Determination The Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), specifically pursuant to Section 15301 (a) (Existing Facilities). The MdL.2~W..Ia-- Conditional Use Permit No. 2011-11 February 21, 2012 Page 3 of 3 Project proposes to operate a tattoo/body piercing establishment within an existing neighborhood commercial building. The site is fully developed and only minor interior alterations are planned in association with the proposed use. Recommendation Adopt a Resolution No. 2012- adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, Adopt a Resolution No. 2012-_ approving Conditional Use Permit No. 2011-11 for the operation of a tattoo establishment based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury,#:2- Project Planner Reviewed/ Warren Morelion, AICP Approved By: Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. Draft Acknowledgment Conditions of Approval 5. Floor Plan a 4mm VICINITY MAP CONDITIONAL USE PERMIT NO. 2011-11 WESTLAKE VILLAGE COMMERCIAL CENTER 31712 CASINO DRIVE PLANNING COMMISSION PAGE.11i~0F..Lzi-- RESOLUTION NO. 2012- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Mike Metzger of "Mob Syndicate Tattoos", submitted an application for a Conditional Use Permit to establish and operate a tattoo establishment within an existing building located at 31712 Casino Drive, Suite 1C (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.168 requests for the consideration of a Conditional Use Permit for the proposed tattoo establishment is a discretionary action to be considered, reviewed, and approved, conditionally approved or denied by either the Lake Elsinore Planning Commission and/or the City Council; and WHEREAS, public notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 21, 2012. 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 Project's consistency with Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within an MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding AGENDA T= NO.__1'.--- - PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 2OF4 consistency with the MSCHP's other "Plan Wide Requirements." The Project site is fully developed and all on-site improvements are incorporated, and no habitat is present on site. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The Project site is already developed. A reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The site is fully developed and all on-site improvements are incorporated. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. AGENDA t; TEA PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 3 OF 4 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will not be required to pay the City's MSHCP Local Development Mitigation Fee given that the site is fully improved and developed. 10. The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the Planning Commission hereby adopts the findings above regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21St day of February 2012, by the following vote: Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Warren Morelion, AICP Planning Manager AGI NDA i NO a - PAGE _OF L PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of February 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Planning Manager AGENDA tf" Eli N0. RESOLUTION NO. 2012- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011-11 FOR A TATOO ESTABLISHMENT LOCATED AT 31712 CASINO DRIVE, SUITE 1C WHEREAS, Mike Metzger of "Mob Syndicate Tattoos", submitted an application for a Conditional Use Permit (the "CUP") to establish and operate a tattoo establishment within an existing building located at 31712 Casino Drive, Suite 1C (the "Project'). The site has a zoning designation of (Neighborhood Commercial C-1) and has a General Plan Land Use designation of General Commercial (GC); and WHEREAS, the underlying zoning district on the subject property is Neighborhood Commercial (C-1); and WHEREAS, tattoo/body piercing establishments are a conditionally permitted use in the Neighborhood Commercial (C-1) district; and WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code provides that certain uses have operational characteristics that, depending on the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on February 21, 2012 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 Conditional Use Permit No. 2011-11 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. 2011-11 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) categorical exemption. Specifically, the Planning Commission finds that the Conditional ACV= MM WO '~L R O'U^ PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 2OF4 Use Permit allows for the operation of a tattoo/body piercing establishment within an existing building on a fully developed site located at 31712 Casino Drive, Suite 1 C. 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. 2011-11: 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 establishment within an established building located at 31712 Casino Drive, Suite 1C. The proposed 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 establishment within an existing neighborhood commercial building located at 31712 Casino Drive, Suite 1C, has AmmoA TrEm wo. oZ PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 3 OF 4 been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has analyzed the proposed parking for the site against Chapter 17.148 (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 17.148 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 Conditional Use Permit 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 17.168.050 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 17.168.050, the proposed tattoo operation has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on February 21, 2012. 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. 2011-11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 215` day of February 2012, by the following vote: Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Warren Morelion, AICP Planning Manager PAGE V-, 0- PLANNING COMMISSION RESOLUTION NO. 2012- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21St day of February 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Planning Manager AGENDA ffM NO. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2011-11 MOB SYNDICATE TATTOOS 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. 2011-11 located at 31712 Casino Drive, Suite 1C. 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. 6. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date of approval, unless prior to the one (1) year expiration 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. An application for modification, expansion or other change in a 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. Planning Commission February 21, 2012 9. The tattoo operation area shall be fully screened from the remainder of the 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. 10. There shall be no loitering in or around the business. 11. Business hours shall be Monday thru Sunday 9:00 a.m. to 10:00 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. 12. 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. 13. The tattoo business shall operate in compliance with all applicable laws associated with the use. 14. The tattoo 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. 15. There shall be no alcohol on the premises at anytime. 16. No tattoo services shall be provided to individuals suspected of being under the influence of alcohol. 17. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. BUILDING AND SAFETY DIVISION 18. Any and all existing or proposed floor elevation changes within the main floor areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. RIVERSIDE COUNTY HEALTH DEPARTMENT 19. The applicant/operator shall comply with all requirements of the Riverside County Health Department. Planning Commission February 21, 2012 AtS1t?AMM NO. 2- _ 1_` -OF t_ RIVERSIDE COUNTY SHERIFF DEPARTMENT 20. The applicant/operator shall comply with all requirements of the Riverside County Sheriff Department. RIVERSIDE COUNTY FIRE DEPARTMENT 21. The applicant/operator shall comply with all requirements of the Riverside County Fire Department. Planning Commission February 21, 2012 AGVWA'nW MF 15 0r- 177 CITY OF LADE L LS I I`IOI,E ? DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: CONDITIONAL USE PERMIT NO 2011-11 - A REQUEST TO OPERATE A TATTOO ESTABLISHMENT IN APPROXIMATELY 1,800 SQUARE FEET OF LEASED SPACE WITHIN THE WESTLAKE VILLAGE COMMERCIAL CENTER LOCATED AT 31712 CASINO DRIVE, SUITE 1C. I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission/City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore Date: Property Owner's Signature Print Name: Address: Phone Number: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. AGEROA Il' NO. PAGE Ol,'7_ i~906 5y~,~ca-Te ~4~fDD5 u 17- d a 0 w W 5 N= vnod S,jr/i~eDS ue,'T //C l $vo sQ ~~1` 5iT IP1~10 sx,T ac~toatr~~ ~►o._°~_