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HomeMy WebLinkAboutItem No. 2C [TY OF �/�N LADE LSIIYOIZE DREAM EXTREMEn REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 2, 2010 SUBJECT: CONDITIONAL USE PERMIT NO. 2010 -01; A REQUEST TO ALLOW PERMANENT COSMETIC MAKE -UP AND TATTOO SERVICES AS AN ACCESSORY USE TO AN EXISTING BEAUTY AND TANNING SALON KNOWN AS "THE BODY SHOPPE" LOCATED AT 31796 CASINO DRIVE; SUITES A, B, AND C. APPLICANT: TERRY JONES: 31796 CASINO DRIVE; SUITE A LAKE ELSINORE, CA 92530 OWNER: WESTERN REALTY PARTNERS 505 S. VILLA REAL DRIVE; SUITE 208 ANAHEIM HILLS, CA 92807 Project Request The applicant is requesting approval of Conditional Use Permit 2010 -01; to include permanent make -up and tattoo services as an accessory use to "The Body Shoppe" beauty and tanning salon located at 31796 Casino Drive; Suites A, B, and C. - Project review is pursuant to Chapters 17.124 General Commercial (C -2) Zoning District and 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). PC March 2, 2010 Item No. 2 Page 1 of 20 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2010 -01 Background The applicant is proposing to include permanent make -up and tattoo services as an accessory use to the beauty and tanning salon known as "The Body Shoppe" which has been in business for almost ten (10) years. The applicant is proposing to expand the existing business by leasing lease the adjacent suite in which the proposed services will be provided. The expansion of the business will have interior access from the existing tanning and beauty salon via a proposed door opening in addition to the front entry. The applicant has submitted a letter indicating a detail business expansion plan and a floor plan which displays three (3) art studios, an air brush tanning room, a waiting /break room, a reception area, the conversion of a bathroom to a cleaning room, and a bathroom. The addition of permanent make -up and tattoo service will not have any impact to the primary business, considering that the existing beauty salon and tanning services will take place in completely separate areas of the building. Settin Project Site I Commercial I ( C -2) General I (GC) General Commercial North Freeway Interstate 15 Freeway Interstate 15 Freewa South Commercial (C -1) Neighborhood (GC) General Commercial Comm. East Residential ( C -2) General (GC) General Commercial Commercial West Commercial ( C -2) General (GC) General Commercial Commercial The commercial center in which 'The Body Shoppe" is located also includes commercial, retail and professional services. Other businesses on adjacent properties include Quality Inn, Best Western Lake View Inn, and Lake Car Wash. Land Use Consistency The subject property is located within the (C -2) General Commercial zone district boundary and has a General Plan designation of (GC) General Commercial. LEMC Section 17.124.010 identifies the following purpose for the C -2 zone: PC March 2, 2010 Item No. 2 Page 2 of 20 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2010 -01 "The intent of the C -2 district is to reserve appropriate locations consistent with the General Plan to accommodate a full range of retail stores, offices, personal and business service establishments offering commodities and services scaled to meet the needs of the residents of the entire City ". While tattoo establishments are not specifically listed as either a permitted or conditional use within the C -2 zone district, LEMC Section 17.168.010 allows the Planning Commission to permit other uses not specifically listed as conditional uses in the C -2 zone when the use is determined to be in accord with the purpose of the zoning district and has similar characteristics to those uses currently listed. Pursuant to Section 119300 of the California Health and Safety Code (HSC) "tattooing means to insert pigment under the surface of skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin ". Staff, has reviewed both the permitted and conditional uses listed for the General Commercial (C -2) zone district. The closest related use to a tattoo establishment is a personal service establishment such as a beauty or barber shop allowed as permitted uses in the (C -2) General Commercial zone district. The similarities between beauty /barber shops and tattoo establishments include method of operation (e.g, employee serving seated customer on an appointment or walk -in basis), type of service (e.g. personal grooming for aesthetic /cosmetic purposes) and requirements for licensure /registration of employees. The differences between beauty /barber shops and tattoo establishments include appropriate age requirements for receiving service at a tattoo /body piercing establishment, the greater frequency of tattoo /ear piercing establishments that operate during nighttime hours and the need for screening of tattoo activities from the view of the general public. Given these differences, tattoo establishments should be allowed only as a conditional use within the (C -2) General Commercial Zoning District. The conditional use permit provides a greater degree of control, allowing each application to be evaluated on an individual basis. Therefore, staff recommends that the Planning Commission find tattoo establishments in accord with the purpose of the (C -2) General Commercial zone district as having characteristics similar to other conditional uses in the zone. Proposed Use & Operational Parameters The applicant has indicated that in order to maintain each of the services provided without having any conflicts, the entire operation of tattoo services and air brush tanning will be conducted exclusively within the adjacent suite under the existing building. The applicant has also indicated that he would like to add two (2) more hours of service Monday thru Friday evenings, four (4) more hours on Saturday evening, and no changes on Sunday. PC March 2, 2010 Item No. 2 Page 3 of 20 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2010 -01 The objective of the additional hours of operation will apply mainly to tattoo services as reflected in the table below. CURRENT HOURS OF OPERATION MONDAY THRU FRIDAY 10:00 a.m. 8:00 p.m. SATURDAY 10:00 a.m. 6:00 P.m. SUNDAY 12:00 p.m 5:00 p.m PROPOSED HOURS OF OPERATION MONDAY THRU FRIDAY 10:00 a.m. 10:00 P.M. SATURDAY 10:00 a.m. 10:00 P.M. SUNDAY 12:00 p.m 5:00 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 within the retail establishment. Staff believes the proposed use, with the attached conditions of approval, meets all applicable development standards and criteria outlined in Chapters 17.124 General Commercial (C -2) zoning district and 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). It should also be noted that neither Police nor Riverside County Health Services Department comments have been received as of the writing of this report. 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 Project proposes to operate a tattoo establishment within an existing retail commercial building. The site is fully developed and only minor interior alterations are planned in association with the proposed use. Recommendation a. Adopt a Resolution No. 2010 -_ adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b. Adopt a Resolution No. 2010 -_ permitting tattoo establishments as a conditional use within the (C- 2) General Commercial zoning district and approving Conditional Use Permit No. 2010 -01, based on the Findings, Exhibits, and proposed Conditions of Approval. PC March 2, 2010 Item No. 2 Page 4 of 20 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2010 -01 Prepared By: Agustin Resendiz, Associate Planner Approved By: Tom Weiner` \'�' Director of Community Development Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval 6. Operational Business Statement 7 Full Size Plans PC March 2, 2010 Item No. 2 Page 5 of 20 VICINITY MAP CONDITIONAL USE PERMIT NO. 2010 -01 LOCATED AT 31796 CASINO DRIVE; SUITES: A, B, & C PC March 2, 2010 Item No. 2 Page 6 of 20 PLANNING COMMISSION RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TATTOO ESTABLISHMENTS AS A CONDITIONAL USE WITHIN THE GENERAL COMMERCIAL (C -2) ZONING DISTRICT AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -01. WHEREAS, Terry Jones of 'The Body Shoppe ", has initiated proceedings to request the approval of Conditional Use Permit No. 2010 -0; in order to establish and operate a tattoo establishment as an accessory use within an existing building located at 31796 Casino Drive; Suites A, B, and C; also known as (APN: 363 -171 -018); and WHEREAS, the underlying zoning district on the subject property is (C -2) Neighborhood Commercial; and WHEREAS, tattoo establishments are neither a permitted use nor conditionally permitted use in the (C -2) General Commercial zone district; and WHEREAS, however, the Lake Elsinore Municipal Code authorizes the Planning Commission of the City of Lake Elsinore to find uses not listed as either a permitted or conditionally permitted use in a particular zoning district to be conditionally permitted if the Planning Commission finds that the use comports with the purpose of the zoning district and is similar in characteristic to other conditional uses in the zone; and WHEREAS, on March 2, 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 -01 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 -01 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 CUP allows for the operation of a tattoo establishment within an existing building on a fully developed site located at 31796 Casino Drive; Suites A, B, and C. PC March 2, 2010 Item No. 2 Page 7 of 20 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 2 OF 4 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 -01: 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 as an accessory use to be located within the tanning and beauty salon known as "The Body Shoppe" at 31796 Casino Drive; Suites A, B, and C. 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 establishment as an accessory use within an existing commercial building located at 31796 Casino Drive; Suites A, B, and C, has 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 PC March 2, 2010 Item No. 2 Page 8 of 20 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 OF 4 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 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 17.168 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, the proposed tattoo operation has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on March 2, 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 -01. 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 2 nd day of March, 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PC March 2, 2010 Item No. 2 Page 9 of 20 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 2 " day of March 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC March 2, 2010 Item No. 2 Page 10 of 20 RESOLUTION NO. 2010 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, Terry Jones of "The Body Shoppe ", submitted an application for a Conditional Use Permit to establish and operate a tattoo establishment as an accessory use within an existing building located at 31796 Casino Drive; Suites A, B, and C; also know as (APN: 363- 171 -018); 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 March 2, 2010. 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. PC March 2, 2010 Item No. 2 Page 11 of 20 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 2 OF 4 Based upon the site reconnaissance survey there are no issues regarding 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 UrbanNVildlands 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. PC March 2, 2010 Item No. 2 Page 12 of 20 PLANNING COMMISSION RESOLUTION NO. 2010 - 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 at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 2 day of March, 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development PC March 2, 2010 Item No. 2 Page 13 of 20 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Tom Weiner, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- ; as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 2 " day of March 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC March 2, 2010 Item No. 2 Page 14 of 20 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2010 -01: OPERATION OF TATOO SERVICESS AS AN ACCESORY USE TO THE EXISTING BEAUTY AND TANNING SALON KNOWN AS (THE BODY SHOPPE). 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 -01 located at 31796 Casino Drive, Suites A, B, and C; also known as (APN: 363- 171 -018). 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 on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 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. PC March 2, 2010 Item No. 2 Page 15 of 20 8. The Conditional Use Permit granted herein shall run with the land and shall 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 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. 10. The basement of the building shall be used exclusively for storage at all times. 11. The tattoo 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 Monday thru Friday from 10:00 a.m. to 10:00 p.m, Saturday from 10:00 a.m. to 10:00 p.m. and Sunday from 12:00 p.m. to 5:00 p.m; as indicated on the staff report. 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 business shall operate in compliance with all applicable laws associated with this use. 17. 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. 18. No tattoo services shall be provided to individuals suspected of being under the influence of alcohol. PC March 2, 2010 Item No. 2 Page 16 of 20 19. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. BUILDING AND SAFETY DIVISION 21. Any and all existing or proposed floor elevation changes within the main floor retail and /or tattoo areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. RIVERSIDE COUNTY HEALTH DEPARTMENT 22. The applicant/operator shall comply with all requirements of the Riverside County Health Department. RIVERSIDE COUNTY SHERIFF DEPARTMENT 23. The applicant/operator shall comply with all requirements of the Riverside County Sheriff Department. RIVERSIDE COUNTY FIRE DEPARTMENT 24. The applicant/operator shall comply with all requirements of the Riverside County Fire Department. PC March 2, 2010 Item No. 2 Page 17 of 20 CITY OF ,/�� LADE LSIIYDRT DREAM EXTREME, Notice of Exemption Filed With: ❑ Office of Planning and Research Z County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Conditional Use Permit No. 2010 -01: `The Body Shoppe" Tattoo establishment. Project Location (Specific): The proposed project site is located at 31796 Casino Drive, Suites; A, B, and C. Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: Conditional Use Permit No. 2010 -01: The applicant is requesting Planning Commission consideration of a tattoo establishment as a conditional use within the General Commercial (C -2) zoning district and approval of a Conditional Use Permit (CUP) in order to operate a tattoo establishment as an accessory use within an existing building located at 31796 Casino Drive, Suites; A, B, and C; also known as (APN: 363- 171 -018). Project review is pursuant to Chapters 17.124 (C -2, General Commercial Zoning District) and 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑x Categorical Exemption (state type and section number): Class 1(a) (Existing Facilities) Reasons why project is exempt: This project meets the requirements pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA). The site is fully developed with an existing building. Contact Person: Agustin Resendiz, Associate Planner Telephone Number: (951) 674 -3124 x 232 Signed Tom Weiner Title: Director of Community Development PC March 2, 2010 Item No. 2 Page 18 of 20 CITY OF i 1 4 LADE LLSIROKE DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: CONDITIONAL USE PERMIT NO. 2010 -01; A REQUEST TO OPERATE A TATTOO ESTABLISHMENT AS AN ACCESSORY USE WITHIN AN EXISTING RETAIL COMMECIAL BUILDING LOCATED AT 31796 CASINO DRIVE SUITES A, B, AND C; ALSO KNOWN AS (APN: 363 - 171 -018). 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. "The decision of the Planning Commission of the City of Lake Elsinore shall be renal fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code (LEMC). Date: Applicant's Print Name: Address: / ( c,5; N0 Phone Number: PC March 2, 2010 Item No. 2 Page 19 of 20 January 13, 2010 The Planning Commission City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Dear Planning Commission: 31796 Casino Dr. #A — Lake Elsinore, CA 92530 (951) 245 -7557 Fax (888) 840 - 6988— tbs inc@yahoo.com The Body Shoppe Hair and Tanning Salon proposes to expand our business to include permanente cosmetic makeup and body art tattoo services as well as enhance our custom airbrush tanning services. Currently our tanning data base contains over seven hundred and fifty tanners. The majority of these tanners are between the ages of 18 and 40. As I'm sure you know, Permanente makeup and body art tattooing are becoming more sought after in our area, especially in this age group. Also, these services are much more socially acceptable among the younger generations. We want to target that group of people and provide a safe clean environment for those young men and women. Our current Salon has been in this location for nearly ten years and is well known in our community. As the owners we have a reputation for being friendly professionals and we intend to maintain that reputation going forward. We feel that these additions to our business will enhance our ability to profit while still maintaining a high level of integrity and professional business practices and allow us to continue to be a part of the Lake Elsinore business community. Sin c® �v Te Owner REC ►QED JAN 13 2010 CITY OF LAKE ELSINORE -- P"NNING DIVISION PC March 2, 2010 Item No. 2 Page 20 of 20