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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. Prinlod 1117f2e10 www,CllyelRCAu Page 2 of 2