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HomeMy WebLinkAboutItem No. 2CITY OF LADE LSIAOKE DREAM EXTREME. TO: FROM: DATE: SUBJECT: G�77�L«71►iii OWNER: Proiect Request REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT APRIL 21, 2009 PLANNING COMMISSION CONSIDERATION OF A TATTOO /BODY PIERCING ESTABLISHMENT AS A CONDITIONAL USE WITHIN THE NEIGHBORHOOD COMMERCIAL (C -1) ZONING DISTRICT AND CONDITIONAL USE PERMIT NO. 2009-04: A REQUEST TO OPERATE A TATTOO /BODY PIERCING ESTABLISHMENT AS AN ACCESSORY USE WITHIN AN EXISTING BUILDING LOCATED AT 138 N. MAIN STREET (APN: 373 - 024 -020). DESIREE D. EISENBARTH: 138 N. MAIN STREET, LAKE ELSINORE, CA 92580 RAUL GODINER: P.O. BOX 5548, WHITTIER, CA 90607 The applicant is requesting that the Planning Commission find tattoo /body piercing establishments in accord with the purpose of the Neighborhood Commercial (C -1) zoning district and to have characteristics similarto other conditional uses in the zone. In addition, the applicant is requesting approval of a Conditional Use Permit (CUP) to establish and operate a tattoo /body piercing establishment as an accessory use within an existing building. The subject property is located at 138 N. Main Street (APN: 373 - 024 -020). Project review is pursuant to Chapters 17.40 (Historic Downtown Elsinore Overlay District), 17.120 (Neighborhood Commercial (C -1) Zoning District) and 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). Conditional Use Permit No. 2009 -04 April 21, 2009 Page 2 of 5 Background The applicant wishes to operate a tattoo /body piercing establishment as an accessory use within a retail clothing store known as "The Velvet Vault" located at 138 N. Main Street within the City's downtown commercial core. The subject property is located within the Neighborhood Commercial (NC) zoning district. Tattoo /body piercing establishments are not listed as either a permitted or conditional use. The applicant is requesting that 1) The Planning Commission find tattoo /body piercing establishments in accord with the intent of the zoning district and to have characteristics similar to other conditional uses in the zone and; 2) The Commission approve a conditional use permit to allow for the tattoo establishment as an accessory use on the subject property. Setting LOCATION r EXISTING W. ' x OI INCA � � GENERAL P -A 10E Project Site Commercial ( NC) Neighborhood (NC)Neighborhood Comm. Comm. North Vacant (NC) Neighborhood Comm. (NC) Neighborhood Comm. South Commercial (NC) Neighborhood Comm. (NC) Neighborhood Comm. East Residential ( HD) High Density Res. (HD) High Density West Commercial (NC) Neighborhood Comm. (NC) Neighborhood Comm. Land Use Consistency The subject property is located within the Historic Downtown Elsinore Overlay District boundary and has a zoning designation of (NC) Neighborhood Commercial. Provisions of the Overlay District specify that allowable uses are those uses otherwise permitted in the underlying zoning district. The underlying zoning district on the subject property is (C -1) Neighborhood Commercial. LEMC Section 17.120.010 identifies the following purpose for the C -1 zone: "To provide locations for general retail and office uses which offer the sale of goods and services to the general public and which, through characteristics of their operation, serve primarily the day -to -day shopping needs of local residents" While tattoo /body piercing establishments are not specifically listed as eithera permitted or conditional use within the C -1 zone, LEMC Section 17.120.030.N allows the Planning AGENDA ITEM 2- PAGE a OF 13 Conditional Use Permit No. 2009 -04 April 21, 2009 Page 3 of 5 Commission to permit other uses not specifically listed as conditional uses in the C -1 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 ". Furthermore, "body piercing means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. Body piercing does not include piercing an ear with a disposable, single -use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear." Staff has reviewed both the permitted and conditional uses listed for the Neighborhood Commercial (C -1) zone. The closest related use to a tattoo /body piercing establishment is a personal service establishment such as a beauty or barber shop which are both allowed as permitted uses in the C -1 zone. The similarities between beauty /barber shops and tattoo /body piercing 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 /body piercing 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 /ear piercing activities from the view of the general public. Given these differences, tattoo/ body piercing establishments should be allowed only as a conditional use within the Neighborhood Commercial (C -1) 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 /body piercing establishments in accord with the purpose of the C -1 zone and as having characteristics similar to other conditional uses in the zone. Proposed Use & Operational Parameters The applicant has proposed two location options for the tattoo /body piercing operation within the existing building. Option 1 locates the entire operation within the approximately 575 square -foot basement of the building with the main floor being used exclusively for the retail clothing store. Option 2 proposes the tattoo /body piercing operation to be located in AGENDA ITEM I PAGE 3 OF _M Conditional Use Permit No. 2009 -04 April 21, 2009 Page 4 of 5 an approximately 265 square -foot area at the rear of the store on the main floor of the building with the basement being used exclusively for storage. The City's Building and Safety Department representatives have inspected the building and it has been determined that the building's basement cannot be used by the general public for the following reasons: 1)The basement is not ADA accessible; 2) The area lacks fire safety improvements and; 3) The basement does not have adequate heating and cooling equipment. Consequently, the City's Building and Safety Official has determined that the basement can only be used for storage purposes. The applicant's operational statement indicates that the applicant and two independent tattoo /body piercing contractors will operate the business at any one time. In addition, the statement indicates that the days and hours of operation will be Sunday - Saturday from 10 a.m. — 6 p.m. The applicant anticipates approximately three tattoo /body piercing customers per day. Surveillance video cameras will be installed and operated. Analysis Given the unique issues associated with tattoo /body piercing establishments, staff is recommending a variety of conditions of approval including but not limited to age restrictions for receiving service, prohibition of body piercing below the waist and the full screening of the tattoo /body piercing 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 both the (NC) Neighborhood Commercial and (C -1) Neighborhood Commercial Zoning Districts and Chapter 17.74 (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 Project proposes to operate a tattoo /body piercing 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. 2009 - adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, AGENDA ITEM Z PAGE 4 OFT41 Conditional Use Permit No. 2009 -04 April 21, 2009 Page 5 of 5 b. Adopt a Resolution No. 2009 -_ permitting tattoo /body piercing establishments as a conditional use within the (C -1) Neighborhood Commercial zoning district and approving Conditional Use Permit No. 2009 -04 for the operation of a tattoo /body piercing establishment as an accessory use within the "Velvet Vault' retail store, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Matthew C. Harris, �e Senior Planners 1 Approved By: Tom Weiner, " 1"" Acting 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. Full Size Plans 7. Operational Statement AGENDA ITEM 2 PAGE 9 5 OF VICINITY MAP CUP 2009 -04 APN 373 - 024 -020 138 N. MAIN STREET ArGE DA F',v:. sa0. 2 RESOLUTION NO. 2009- 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, Desiree D. Eisenbarth of "The Velvet Vault ", submitted an application for a Conditional Use Permit to establish and operate a tattoo /body piercing establishment as an accessory use within an existing building located at 138 N. Main Street (APN: 373 - 024 -020) (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 17.74 requests for the consideration of a Conditional Use Permit for the proposed tattoo /body piercing 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 April 21, 2009. 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. P&G� 0i` PLANNING COMMISSION RESOLUTION NO. 2009- 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. AGEINDN� rczf Fjo._Z-°----�-�;, PI CF __ . b Q� PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE3OF4 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 21 st day of April, 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development AGENHDA au.1 ra Z Pfiz1E q = ( 9 PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Tom Weiner, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21 st day of April 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development AGUMA fTOA No. Z PAOE IV o RESOLUTION NO.2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TATTOO /BODY PIERCING ESTABLISHMENTS AS A CONDITIONAL USE WITHIN THE NEIGHBORHOOD COMMERCIAL (C -1) ZONING DISTRICT AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -04 WHEREAS, Desiree D. Eisenbarth of "The Velvet Vault ", has initiated proceedings to request the approval of Conditional Use Permit No. 2009 -04 (the "CUP ") in order to establish and operate a tattoo /body piercing establishment as an accessory use within an existing building located at 138 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, 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 April 21, 2009 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. 2009 -04 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. 2009 -04 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 AGENDA :TE$A NO. Z PAGE PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 2 OF 4 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 /body piercing establishment within an existing building on a fully developed site located at 138 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. 2009 -04: 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 138 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. AGENDAH- 7- PAG j a• 00- PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 3OF4 The proposed operation of a tattoo /body piercing establishment as an accessory use within an existing commercial building located at 138 N. Main Street (APN. 373 - 024 -020) 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 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 April 21, 2009. 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. 2009 -04. 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 21 st day of April, 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development AGENDA I T GEua wo. Z P&O0 PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21 st day of April 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development uE 14 or 19 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2009 -04: 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. 2009 -04 located at 138 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. 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. 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. AGF -N'D,� M2' CEO. Z 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 /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 10:00 a.m. to 6:00 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. No body piercing shall be provided to prospective customers on portions of their bodies located below the waist. 19. No tattoo /body piercing services shall be provided to individuals suspected of being under the influence of alcohol. 20. 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 /body piercing 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. PAGE Lq - C ITY OF LADE CC! LSINORf DREAM E1(TREMEn ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: CONDITIONAL USE PERMIT NO. 2009 -04; A REQUEST TO OPERATE A TATTOO /BODY PIERCING ESTABLISHMENT AS AN ACCESSORY USE WITHIN AN EXISTING RETAIL COMMECIAL BUILDING LOCATED AT 138 N. MAIN STREET (APN: 373 - 024 -020). 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 final 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 Signat e. Print Name: FS GIS 8 T�f Address: /.50 A/ lwok / . 7 e5& was Phone Number: 99 - 378 gre-e P AGE 1$ ( 9 CITY OF ,� LADE LSI110 ;:�- DREAM EXTREME, Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Notice of Exemption FX1 County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Conditional Use Permit No. 2009 -04: "The Velvet Vault' Tattoo /body piercing establishment. Project Location (Specific): The proposed project site is located at 138 N. Main Street (APN: 373 - 024 -020). Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: Conditional Use Permit No. 2009 -04: The applicant is requesting Planning Commission consideration of a tattoo /body piercing establishment as a conditional use within the Neighborhood Commercial (C -1) zoning district and approval of a Conditional Use Permit (CUP) in order to operate a tattoo /body piercing establishment as an accessory use within an existing building located at 138 N. Main Street (APN: 373 -024- 020). Project review is pursuant to Chapters 17.40 (Historic Downtown Elsinore Overlay District), 17.120 (C -1, Neighborhood Commercial Zoning District) and 17.74 (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: Matthew C. Harris, Senior Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) * 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: Matthew C. Harris, Senior Planner Signed: Tom Weiner Telephone Number: (951) 674 -3124 x 279 Title: Acting Director of Community Development AGENDA t T O,J N®. 2. PAGi 19 ( q