HomeMy WebLinkAbout02-86 - Resolutions RESOLUTION NO. 02-86
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING USE DETERMINATION
DRC2002-00523, A REQUEST TO MAKE A DETERMINATION THAT A
TATTOO/BODY-PIERCING STUDIO IS SIMILAR TO AN ART STUDIO, A
USE CURRENTLY PERMITTED WITHIN SUBAREA 3, COMMUNITY
COMMERCIAL DISTRICT, OF THE FOOTHILL BOULEVARD DISTRICTS,
AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. Kyle Johnson filed an application for the approval of Use Determination DRC2002-00523,
as described in the title of this Resolution. Hereinafter in this Resolution, the subject Use
Determination request is referred to as "the application."
2. On the 28th day of August 2002, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission
of the City of Rancho Cucamonga as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to the Planning Commission during the
above-referenced public hearing on August 28, 2002, including written and oral staff reports,
together with public testimony, the Planning Commission hereby specifically finds as follows:
a. The use in question is not of a similar nature, operation, and intensity as those
businesses designated as Art, Music, Photographic Studios and Supply Stores within the Community
Commercial District, Subarea 3, of the Foothill Boulevard District. Tattoos, body piercing, and
permanent makeup may be considered as having characteristics associated with art, including, but
not limited to, requiring skill or craftsmanship, and the finished work may also be considered as
displaying form, beauty, and unusual perception; however, are dissimilar by virtue of the use of
needles to pierce the skin and/or inserting colored pigment under the skin surface; and
b. The North American Industry Classification System, published by the United States
Office of Management and Budget, states the Industrial Classification Code for tattoo parlors is
812199, 'other personal care service,"which also includes electrolysis salons,ear piercing,massage
parlors, and permanent makeup salons; and
C. The U.S. Food and Drug Administration(FDA) regulates temporary and permanent
tattoos as cosmetics; however, local agencies have direct jurisdiction over the practice of tattooing
by salon technicians. The FDA is evaluating the safety of tattoos and permanent makeup, including
their removal, adverse reactions to tattoo colors and infections and infectious disease, such as
Hepatitis B and Human Immunodeficiency Virus (HIV), that result from their use; and
PLANNING COMMISSION RESOLUTION NO. 02-86
DRC2002-00523— KYLE JOHNSON
August 28, 2002
Page 2
d. The use in question does not meet the goals and objectives of the General Plan.
The subject property is currently designated General Commercial that is intended "to provide for a
wide range of commercial community-oriented and regionally-oriented businesses." Tattoo parlors
are a personal-oriented service; hence are not oriented to meeting the needs of the community or
region; and
e. The use in question does not meet the purpose and the intent of the district in which
it is proposed. The subject property is currently zoned Community Commercial, Subarea 3 that
allows "uses which typically include drug stores, supermarkets, apparel shops, variety stores, and
commercial recreation uses. In general, Community Commercial districts function to promote the
establishment of neighborhood/district level commercial foods and services..." Tattoo parlors are
not listed as a permitted or conditionally permitted use in Subarea 3.
3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this
Commission hereby denies Use Determination DRC2002-00523.
4. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF AUGUST 2002.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: �
r
arty T. 10940, Chairman
ATTEST:
Dan Coleman, Acting Secretary
I, Dan Coleman,Acting Secretary of the Planning Commission of the City of Rancho Cucamonga,do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted
by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 28th of August 2002, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: