HomeMy WebLinkAboutItem No. 2CITY OF
LADE LSIIYOIZE
DREAM EXTREME,
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
ACTING PLANNING MANAGER
DATE: MAY 21, 2013
SUBJECT: CONDITIONAL USE PERMIT NO. 2013 -03 - A REQUEST TO
OPERATE A TATTOO ART & BODY PIERCING ESTABLISHMENT
WITHIN THE LAKESIDE COMMERCIAL CENTER.
APPLICANT: MR. BRETT BEALE /ROOSTER TATTOO ART AND BODY
PIERCING LLC., 16782 LAKESHORE DRIVE, LAKE ELSINORE,
CA 92530
OWNER: MR. MAKBUL PATEL, 16782 LAKESHORE DRIVE, LAKE
ELSINORE, CA 92530
Proiect Request
The applicant is requesting approval of a Conditional Use Permit to establish and operate a
tattoo art and body piercing establishment at 16782 Lakeshore Drive, Suite Cl; located
within the Lakeside Commercial Center.
Background
The subject property is located within the Neighborhood Commercial (C -1) zoning district.
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.
PC May 21, 2013 Item No. 2
Page 1 of 13
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT NO. 2013 -03
MAY 21, 2013
PAGE 2OF4
Environmental Setting
The proposed tattoo and body piercing use would be located in an existing commercial
center and be located between a video store (Video 94) and a closed store (Indoor
Shopping Bazaar).
Proposed Use & Operational Parameters
The applicant is proposing to have a tattoo art and body piercing establishment within the
existing suite. The floor plan provided by the applicant proposes eight tattoo art stations, a
piercing room, and a sterile room. The floor plan also identifies other basic areas such as a
waiting area, a display area, a drawing area, and a bathroom.
The applicant has indicated that there will be six skilled tattoo artists, one licensed body
piercer, and a shop manager. The hours of operation will 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. The applicant has
also specified that security cameras will be installed in order to ensure the safety of staff
and its clientele.
Analysis
Given the unique issues associated with tattoo art and body piercing 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 proposed business operation.
Staff believes the proposed use, with the attached conditions of approval, meets all
applicable development standards and criteria outlined in the C -1 (Neighborhood
Commercial) Zoning District and Chapter 17.168 (Conditional Use Permits) of the Lake
Elsinore Municipal Code (LEMC).
PC May 21, 2013 Item No. 2
Page 2 of 13
t Nglll
Project
Commercial C -1 (Neighborhood Commercial)
General Commercial
Site
North
Commercial C -1 (Neighborhood Commercial)
General Commercial
South
Commercial C -1 (Neighborhood Commercial)
General Commercial
East
Commercial C -1 (Neighborhood Commercial)
General Commercial
West
Commercial C -1 (Neighborhood Commercial)
General Commercial
Proposed Use & Operational Parameters
The applicant is proposing to have a tattoo art and body piercing establishment within the
existing suite. The floor plan provided by the applicant proposes eight tattoo art stations, a
piercing room, and a sterile room. The floor plan also identifies other basic areas such as a
waiting area, a display area, a drawing area, and a bathroom.
The applicant has indicated that there will be six skilled tattoo artists, one licensed body
piercer, and a shop manager. The hours of operation will 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. The applicant has
also specified that security cameras will be installed in order to ensure the safety of staff
and its clientele.
Analysis
Given the unique issues associated with tattoo art and body piercing 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 proposed business operation.
Staff believes the proposed use, with the attached conditions of approval, meets all
applicable development standards and criteria outlined in the C -1 (Neighborhood
Commercial) Zoning District and Chapter 17.168 (Conditional Use Permits) of the Lake
Elsinore Municipal Code (LEMC).
PC May 21, 2013 Item No. 2
Page 2 of 13
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT NO. 2013 -03
MAY 21, 2013
PAGE 2OF4
Environmental Determination
Staff has determined that the proposed project is exempt from the California Environmental
Quality Act (Cal. Pub. Res. Code § §21000 et seq. "CEQA ") and the State CEQA
Guidelines (14 C.C.R. § §15000 et seq.), specifically pursuant to Section 15301 (a)
(Existing Facilities). Section 15301 exempts projects that consist `of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible
or no expansion of use beyond that existing at the time of the lead agency's
determination." The Project proposes to operate a tattoo art and 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
Staff recommends that the Planning Commission:
Adopt a Resolution No. 2013 -_ approving Conditional Use Permit No. 2013 -03; for the
operation of a tattoo art and body piercing establishment based on the Findings, Exhibits,
and Conditions of Approval attached to this Staff Report.
Prepared By: 4.` - Agustin Resendiz,
Associate Planner
Approved By: Richard J. MacHott, LEED Green Associate
OActing Planning Manager
Attachments:
1. Vicinity Map
2. Planning Commission Resolution
3. Conditions of Approval
4. 11" x 17" Exhibits
PC May 21, 2013 Item No. 2
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VICINITY MAP
CONDITIONAL USE PERMIT NO. 2013 -03
PLANNING COMMISSION
PC May 21, 2013 Item No. 2
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RESOLUTION NO. 2013-
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.
PC May 21, 2013 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2012-
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 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 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 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
PC May 21, 2013 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2012-_
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 21St day of May 21, 2013, by the
following vote:
ATTEST:
Richard J. MacHott, LEED Green Associate
Acting Planning Manager
Rick Morsch, Chairman
City of Lake Elsinore
PC May 21, 2013 Item No. 2
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PLANNING COMMISSION RESOLUTION NO. 2012-_
PAGE 4OF4
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 -_ 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:
NOES:
ABSENT:
ABSTAIN:
Richard J. MacHott, LEED Green Associate
Acting Planning Manager
PC May 21, 2013 Item No. 2
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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 $64.00 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
May 21, 2013
PC May 21, 2013 Item No. 2
Page 9 of 13
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
May 21, 2013
PC May 21, 2013 Item No. 2
Page 10 of 13
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.
Planning Commission
May 21, 2013
PC May 21, 2013 Item No. 2
Page 11 of 13
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