HomeMy WebLinkAbout19-12 - ResolutionRESOLUTION NO. 19-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2018-00868, A REQUEST TO OPERATE A 1,500 SQUARE
FOOT TATTOO SHOP IN A COMMERCIAL CENTER ON THE WEST SIDE
OF HAVEN AVENUE AT TOWN CENTER DRIVE IN THE GENERAL
COMMERCIAL (GC) DISTRICTAT7890 HAVEN AVENUE, SUITE 19; AND
MAKING FINDINGS IN SUPPORT THEREOF —APN: 1077-401-29.
A. Recitals
1. Clinton Esmenjaud, for Old Cucamonga Tattoo Company, filed an application for the
approval of Conditional Use Permit DRC2018-00868 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as 'the
application."
2. On the 23rd day of January 2019, 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 by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This 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 the substantial evidence presented to this Commission during the
above -referenced public hearing on January 23, 2019, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a property generally located on the west side of Haven
Avenue at Town Center Drive; and
b. The subject tenant space is located within the 8.57 acre Deer Creek Village Plaza
commercial center, which includes approximately 91,000 square foot of tenant lease area; and
C. The project site is bound by commercial, office and recreational land uses to the
north and south within the General Commercial (GC) District; by commercial and office land uses to
the east within the Community Commercial (CC) and Neighborhood Commercial (NC) Districts of
the Terra Vista Community Plan; and, by industrial land uses to the west in the Industrial Park (IP)
District; and
d. Old Cucamonga Tattoo Company proposes operating a 1,500 square foot retail
business offering tattoos and body piercings. Eighty percent of the business will be for tattoos with
the remaining 20 percent of the business for piercings. The majority of services will be offered on an
appointment only basis and only to customers over 18 years of age; and
PLANNING COMMISSION RESOLUTION NO. 19-12
CONDITIONAL USE PERMIT DRC2018-00868 - CLINTON ESMENJAUD FOR OLD
CUCAMONGA TATTOO COMPANY
January 23, 2019
Page 2
e. Development Code Table 17.30.030-1 specifies that tattoo shops are permitted
within the General Commercial (GC) District subject to approval of a Conditional Use Permit.
Development Code Section 12.102.050 (Tattoo Shops) specifies that tattoo shops are not,permitted
closer than 1,000 feet from another tattoo shop and no closer than 500 feet from a public school,
park, community center or library. The proposed location at 7890 Haven Avenue, Suite 19 complies
with each of the above -outlined distance separation restrictions; and
f. The 1,500 square foot tenant space will be divided into five tattoo stations, a
waiting area, an employee break room, and a restroom; and
g. The proposed hours of operation are Tuesday through Saturday from 11:00 a.m. to
8:00 p.m. There will be up to 6 employees,, which includes 5 licensed tattoo artists and 1 shop
helper. All employees with be licensed by the San Bernardino County Health Department; and
h. The subject tenant space is part of a larger Deer Creek Village Plaza commercial
center. The parking requirement for commercial centers constructed prior to 1988 is 4.5 parking
spaces per 1,000 square feet of gross tenant lease area. Based on -the size of the tenant space, the
subject business is allocated 6 parking spaces. Although the Development Code does not provide a
specific parking requirement for tattoo shops, staff has analyzed the proposed tattoo use and
business operations and concluded that the proposed use does not require parking beyond that of
the most similar land use, a hair salon, which has the same parking requirement as any other
general retail use within the subject shopping center. Although the available parking spaces within
the retail center are shared by all of the tenants within the center, to ensure that there is a sufficient
amount of parking available for customers: in the main parking area, the applicant will require his
employees/staff to park at the rear (west -side) of the building. Staff has incorporated a condition of
approval in the Resolution of Approval stating that the employees shall park at the location specified
above.
3. Based upon the substantial evidence presented to this Commission during the
above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows:
a. The proposed use is allowed within the applicable zoning district and complies with
all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any
applicable Specific Plans or City regulations/ standards. The proposed facility is on a property
designated,in the General Plan and Zoning Map as General Commercial and General Commercial
(GC) District, respectively. The establishment of a tattoo shop is permitted within the General
Commercial (GC) District, subject to the approval of a Conditional Use Permit. The proposed tattoo
shop will not require any significant tenant improvements nor are there any exterior improvements
that would be subject to development standards of the Development Code such as building
setbacks, building height, and parking. It will comply with all other applicable provisions of the
Development Code, General Plan, and any applicable City regulations/ standards.
b. The site is physically suited for the proposed restaurant and bar and can be
conditioned to meet all related performance criteria and Development Standards. The commercial
center in which the project site is locatedwas developed for a wide variety of commercial land uses,
including food, retail, general and medical office uses, and personal services. The project site
includes a shared parking- and access agreement between all of the parcels that make up the
PLANNING COMMISSION RESOLUTION NO. 19-12
CONDITIONAL USE PERMIT DRC2018-00868 - CLINTON ESMENJAUD FOR OLD
CUCAMONGA TATTOO COMPANY
January 23, 2019
Page 3
commercial center and provides adequate parking and access for all of the land uses within the
commercial center. The subject tattoo shop is quiet in nature, the majority of services are by
appointment only, no alcoholic beverages will be served, and the use will not create adverse
impacts on adjacent land uses.
C. Granting these permits would not be detrimental to the public interest, health,
safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the
vicinity in which the project is located. The establishment of the tattoo shop will not negatively impact
the surrounding retail and office related tenants as there is adequate parking and access for all of
the uses within the center. The operation of the proposed tattoo shop will not create any noise or
vibrations that would disturb the normal operation of the adjacent tenant spaces. Additionally, the
Sheriffs Department has reviewed the Conditional Use Permit application for the tattoo business
and finds the use to be compatible. It will not create adverse impacts since the proposed business
has limited hours of operation and alcoholic beverages will not be served to the customers.
4. The Planning Department staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section
15301 — Existing Facilities. This exemption covers the permitting of private structures involving
negligible or no expansion of use beyond that existing at the time of the lead agency's original
determination. The project scope is for the operation of 1,500 square foot tattoo shop within an
existing building. The tattoo shop will not increase the square footage of the existing building or
make changes to the exterior of the building. In addition, there is no substantial evidence that the
project may have a significant effect on the environment. The Planning Commission has reviewed
the Planning Department's determination of exemption, and based on its own independent
judgment, concurs in the staff's determination of exemption.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,
this Commission hereby approves the application subject to each and every condition set forth
below and in the attached standard conditions incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 23rd DAY OF JANUARY 2019.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:Izz' 2 4 4 _,g
Tony Guglielmo, Chairman
ATTEST:
Candyfle Burnett, Secretary
PLANNING COMMISSION RESOLUTION NO. 19-12
CONDITIONAL USE PERMIT DRC2018-00868 - CLINTON ESMENJAUD FOR OLD
CUCAMONGA TATTOO COMPANY
January 23, 2019
Page 4
I, Candyce Burnett, Secretary of the Planning Commission for 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 23rd day of January 2019, by the following vote -to -wit:
AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Conditions of Approval
Community Development Deartment
Project #: DRC2018-00868
Project Name: EDR - Old Cucamonga Tattoo Company
Location: 7890 HAVEN AVE 19 - 107740129-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. Approval is granted to operate a tattoo shop with up to 6 staff members in a leased 1,500 square
foot retail space located at 7890 Haven Avenue, Suite 19; APN: 1077-401-29.
2. The approved hours -of -operation are from 11:00 a.m. to 8:00 p.m., Tuesday through Saturday.
Expansion beyond the approved 1,500 square foot tenant space, alteration of hours/days of
operation, the service of alcoholic beverages, or the intensification of the use beyond what is
specifically approved by this Conditional Use Permit, including a greater number of employees (6)
shall require review and approval by the Planning Director.
3. All identification signs for the business shall comply with the approved Sign Program (Sign Program
No. 44) and the Sign Ordinance of the City of Rancho Cucamonga. Signs require the submittal of a
separate Sign Permit application for review and approval prior to installation.
4. The use of on-site or off-site signs, banners, streamers, balloons, inflatable figures, etc., for
advertising the business shall be prohibited except as allowed by the Rancho Cucamonga
Development Code.
5. The business shall operate in conformance with the performance standards as defined in the
Development Code and adhere to all conditions of this Conditional Use Permit. If the operation of
the approved use causes adverse effects upon the adjacent businesses or operations, the
Conditional Use Permit shall be brought before the Planning Director for consideration and possible
termination of the use.
6. The applicant shall require the employees to park at the rear of the building to increase the number
of available parking spaces in the main customer parking area.
7. A staff level 6 month review of the business operations shall be required. The Planning Director may
forward the Conditional Use Permit up to the Planning Commission for review if issues related to the
business operation are observed including but not limited to parking, noise and/or vagrancy or due
to violations of the approved operating hours and/or number of employees.
8. Chapter 17.124 of the Development Code (Public Art) exempts the remodeling of existing
commercial, office, or Industrial buildings that do not include any exterior modifications to the
building.
9. The front windows of the subject tenant space shall not Include window blinds, tinting or other view
obstructing materials that would block public view into or out of the tenant space.
Standard Conditions of Approval
Pnmmd 111712019 N GIyoIRc us
Project #: DRC2018-00868
Project Name: EDR - Old Cucamonga Tattoo Company
Location: 7890 HAVEN AVE 19 -107740129-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
10. The applicant shall agree to defend at his sole expense any action brought against the City, its
agents, officers, or employees, because of the issuance of such approval, or in the alternative, to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees,
for any Court costs and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole discretion, participate
at its own expense in the defense of any such action but such participation shall not relieve
applicant of his obligations under this condition.
11. The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the
Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or
within 5 days of the date of project approval.
12. Any approval shall expire if Building Permits are not issued or approved use has not commenced
within 5 years from the date of approval or a time extension has been granted.
13. Approval of this request shall not waive compliance with all sections of the Development Code, all
other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in
effect at the time of Building Permit issuance.
Building and Safety Services Department
Please be advised of the following Special Conditions
1. When the Entitlement Review is approved submit complete construction drawings Including Energy
and structural calculations (If needed) to Building and Safety for plan review in accordance with the
current edition of the CA Building and Fire Codes including all local ordinances and standards which
are effective at the time of Plan Check Submittal. Disabled access improvements to the site and
building must be provided in accordance to the State of CA published thresholds at the time of plan
check submittal. CVWD Submittal and clearance required for additional plumbing fixtures.
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