HomeMy WebLinkAboutPA 2020-87 - Exhibit B CUP Resolution (6)
RESOLUTION NO. 2020-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2020-87
(CONDITIONAL USE PERMIT NO. 2020-03) TO ESTABLISH A TATTOO ART
STUDIO WITHIN AN EXISTING 1,112 SQUARE FOOT BUILDING LOCATED AT
299 DIAMOND DRVIE (APN: 363-140-089)
Whereas, Sandy Castaneda, Mi Familia Tattoo has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-87 (Conditional Use Permit
No. 2020-03) to a new tattoo art studio in an existing 1,112 sq. ft. retail space within the Railroad
Plaza Shopping Center (Project). The proposed Project is located northerly of Auto Center Drive,
southerly of the I-15 Freeway, and westerly of Diamond Drive, more specifically 299 Diamond
Drive (APN: 363-140-089); and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that certain
uses have operational characteristics that, depending on the location and design of the use, may
have the potential to negatively impact adjoining properties, businesses or residents and therefore
are permitted subject to the issuance of a Conditional Use Permit, which allows the City to
comprehensively review and approve the use; and,
Whereas, pursuant to Section 17.415.070 (Conditional Use Permits) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of reviewing and approving,
conditionally approving, or denying Conditional Use Permits; and,
Whereas, on April 21, 2020, at a duly noticed Public Hearing, the Commission has 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,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Commission has considered the Project prior to making a decision and has found
it acceptable.
Section 2: The Commission hereby finds and determines that the Project is categorically exempt
from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and
CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301
(Class 1 – Existing Facilities), because the Project proposes to establish a tattoo art studio within
an existing building. The site is fully developed and only minor interior alterations are planned in
association with the proposed use.
Section 3: That in accordance with California Planning and Zoning Law and the LEMC Section
17.415.070.C (Findings), the Commission makes the following findings regarding the Project:
1. That 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.
The proposed facility is located in the Tourist Commercial (TC) General Plan Land use
designation and the General Commercial (C-2) Zoning designation, which is consistent
PC Reso. No. 2020-____
Page 2 of 3
with the applicable General Plan Land Use Designation. Tattoo establishments are not
specifically listed in the C-2 district as a use subject to a Conditional Use Permit. However,
the Planning Commission has made the determination, pursuant to LEMC 17.124.030.I,
that tattoo establishments are permitted uses, subject to a Conditional Use Permit when
it approved Conditional Use Permit No. 2010-01 (Resolution No. 2010-02) for a tattoo
establishment located in the C-2 zoning district.
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.
The proposed use is located within an existing building and proposes no exterior uses.
The proposed use does not propose either directly or indirectly any detrimental effects to
the existing surrounding community. The project has been conditioned as such to avoid
any possible negative impacts associated with the conversion and operation of the
proposed facility.
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 this title.
The proposed use has been analyzed and staff has determined that the proposed use
meets all applicable sections of the LEMC and will complement 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 use is located within an existing built environment, inclusive of streets. The
existing streets are of adequate size to facilitate safe and convenient transportation to and
from the site.
5. In approving the subject use at the specific location, there will be no adverse effect on
abutting properties or the permitted and normal use thereof.
The Project 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 LEMC 17.415.070.B, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with
the objectives of this chapter and the planning district in which the site is located.
Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the
Planning Commission at a duly noticed Public Hearing on April 21, 2020, appropriate and
applicable conditions of approval have been included to protect the public health, safety
and general welfare.
PC Reso. No. 2020-____
Page 3 of 3
Section 4: Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby approves Planning Application No.
2020-87 (Conditional Use Permit No. 2020-03).
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 21st day of April, 2020.
Michael Carroll, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2020-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 21st day of April, 2020 and that the
same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director