Loading...
HomeMy WebLinkAboutPC Reso No 2013-53RESOLUTION NO. 2013 -53 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2013 -03 FOR A TATTOO ART AND BODY PIERCING ESTABLISHMENT LOCATED AT 16782 LAKESHORE DRIVE, SUITE C1. WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Brett Beale of Rooster Tattoo Art & Body Piercing LCC; requesting approval of Conditional Use Permit No. 2013 -03 ( "CUP ") to establish and operate a Tattoo Art and Body Piercing establishment in Suite C1 of an existing building located at 16782 Lakeshore Drive (the 'Project'); and WHEREAS, the site has a zoning designation of Neighborhood Commercial (C- 1) and has a General Plan Land Use designation of General Commercial; and WHEREAS, on April 29, 2009, the Planning Commission made a determination pursuant to Section 17.120.030(N) of the Lake Elsinore Municipal Code that tattoo /body piercing establishments could permitted in the C -1 zone subject to approval of a conditional use permit; 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 May 21, 2013; 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. 2013 -03 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. 2013 -03; 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 Use Permit allows for the operation of a tattoo /body piercing establishment within an existing building on a fully developed site located at 16782 Lakeshore Drive, Suite C1. PLANNING COMMISSION RESOLUTION NO. 2012-53 PAGE 2OF4 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 Conditional Use Permit No. 2013 -03: 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 weld 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 16782 Lakeshore Drive, Suite C1. 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 16782 Lakeshore Drive, Suite C1, 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 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and based on the submitted plans and the PLANNING COMMISSION RESOLUTION NO. 2012 -53 PAGE 3OF4 attached conditions of approval, has determined that the proposed use will meet all requirements of Chapter 17.148. 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 Section 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on May 21, 2013. 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. 2013 -03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21s` day of May 21, 2013, by the following vote: Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager PLANNING COMMISSION RESOLUTION NO. 2012 -53 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -53 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21St day of May 2013, and that the same was adopted by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. MacHott, LEED Green Associate Acting Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013 -03 FOR TATTOO ART & BODY PIERCING ESTABLISHMENT GENERAL CONDITIONS 1. The proposed project (Conditional Use Permit No. 2013 -03) consists of the establishment of a tattoo art and body piercing business at 16782 Lakeshore Drive, Suite C1, within the Lakeside Commercial Center. 2. 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. 2013 -03 located at 16782 Lakeshore Drive, Suite C1. 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 applicable provisions of the Lake Elsinore Municipal Code. PLANNING DIVISION 4. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 5. The applicant shall submit a check in the amount of $50.00 made payable to the "County of Riverside" for posting of the project's Notice of Exemption. The check shall be submitted to the Planning Division within 48 hours of the project's approval. 6. The applicant shall comply with all applicable City Codes and Ordinances. 7. Prior to the issuance of a certificate of occupancy, the applicant shall obtain a business license from the City of Lake Elsinore; and shall maintain a valid business license at all times. 8. 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. Planning Commission Approved May 21, 2013 9. 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. 10. The tattoo art & body piercing operation areas shall be fully screened from the remainder of the store area at all times. Prior to the issuance of an occupancy permit, the specific method of screening shall be reviewed and approved by the Director of Community Development and the Building and Safety Official. 11. There shall be no loitering in or around the business. 12. Business hours shall be Monday through Saturday from 10:00 a.m. to 10:00 p.m. and Sundays from 10:00 a.m. to 8:00 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. 13. 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. 14. The tattoo and body piercing business shall operate in compliance with all applicable laws associated with the use. 15. The tattoo and 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. 16. There shall be no alcoholic beverages on the premises at any time. 17. No tattoo and body piercing services shall be provided to individuals suspected of being under the influence of alcohol. 18. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. Planning Commission Approved May 21, 2013 BUILDING AND SAFETY DIVISION 19. 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. 20. Any and all tenant improvements shall be in compliance with the 2010 UBC. 21. Prior to the issuance of an occupancy permit, the applicant/operator shall provide documentation to the Building and Safety Division verifying compliance with all Riverside County Health Department requirements. RIVERSIDE COUNTY HEALTH DEPARTMENT 22. The applicant/operator shall comply with all requirements of the Riverside County Health Department. 23. In accordance with State law. smokina shall be prohibited on the nremises and (Added by Planning Commission on May 21, 2013.) Planning Commission Approved May 21, 2013