Loading...
HomeMy WebLinkAboutItem 2STAFF REPORT Development Services Department November 8, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 11 -16 to allow a 725 square - foot personal service use (tattoo parlor) at 1430 S. Baldwin Avenue. SUMMARY Conditional Use Permit Application No. CUP 11 -16 was filed by Fresh Ink Tattoo to allow a 725 square -foot tattoo parlor within an existing one -story commercial building at 1430 S. Baldwin Avenue. The Development Services Department is recommending approval of this application, subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Fresh Ink Tattoo LOCATION: 1430 S. Baldwin Avenue REQUEST: A Conditional Use Permit to allow a 725 square -foot personal service use (tattoo parlor). SITE AREA: 8,712 square feet (0.20 acre) FRONTAGE: 50 feet along Baldwin Avenue EXISTING LAND USE & ZONING: The site is currently developed with a one -story, 2,900 square -foot commercial building constructed in 1952. The property is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Church — zoned C -2 South: Adjacent unit is a Nail Salon, and adjacent property is a restaurant — both are zoned C -2 East: Single - Family Residences — zoned R -1 West: Retail Uses — zoned C -2 GENERAL PLAN DESIGNATION: Commercial (0.5 FAR) — This designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. PUBLIC HEARING NOTIFICATION Public hearing notices for CUP 11 -16 were mailed on October 28, 2011 to the owners and tenants of those properties that are located within 300 feet of the subject property — see the attached radius map. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The site is developed with a one -story, 2,900 square -foot commercial building constructed in 1952. The building consists of three (3) commercial units (1430, 1432, & 1436 S. Baldwin Ave.). The subject 725 square -foot unit was previously occupied by an audio -video repair store. 1432 S. Baldwin Avenue is occupied by a 725 square -foot nail salon, and 1436 S. Baldwin Avenue is occupied by a 1,450 square -foot Curves fitness gym (CUP 09 -04). To the rear of the subject building is a 19 -space parking lot that is accessed from a rear alley between Camino Real and Naomi Avenues. PROPOSAL AND ANALYSIS The proposal is to use an existing 725 square -foot commercial unit at 1430 S. Baldwin Avenue as a tattoo parlor. A tattoo parlor is considered a personal service use, and is subject to a Conditional Use Permit per Ordinance No. 2275 that was adopted in June 2010. In addition to tattoos, the business will provide piercings, and incidental retail sales of clothing and piercing accessories. The business owners anticipate a maximum of four (4) tattoo artists /employees at any one time. The proposed operating hours are 12:00 noon to 9 p.m., seven (7) days a week. The applicant is proposing minor alterations to the interior of the commercial unit to add a new front counter, and close or cover an existing interior window. There will be a waiting area at the front of the store, CUP 11 -16 1430 S. Baldwin Avenue November 8, 2011 — page 2 three (3) open tattoo /piercing stations located behind the front counter, and one (1) semi - private tattoo /piercing area towards the back of the shop. No alterations other than new signage are proposed for the exterior of the building. There is an existing parking surplus of one (1) space for the subject property; 19 spaces vs. 18 spaces required. A tattoo parlor has the same parking requirement as the previous retail use (5 spaces per 1,000 square -feet of gross floor area), and therefore the property will continue to have a one (1) space surplus with the proposed tattoo parlor. The only parking concern at this property is the use of this parking lot by the adjacent Serbian Eastern Orthodox Church, which does not have its own parking lot, but has entrances that open directly onto the subject property's parking area. The Church was constructed in 1948 and predates the City's Conditional Use Permit and parking requirements. The owner of the subject property has an informal agreement with the Church for use of the parking lot on Saturdays and Sundays. Prohibiting the use of the subject property's parking lot by the Church would present a problem for the Church, and could impact the surrounding neighborhood. Because the Church does not have its own parking lot, but is a legal- nonconforming use that is allowed to continue operating, the Church's parking needs will by necessity be met by off -site parking facilities. Approval of Conditional Use Permit No. CUP 09 -04 for Curves fitness center included a condition requiring the fitness center to be closed on Saturday evenings and on Sundays so as not to conflict with the Church's use of the parking lot. However, the fitness gym had an increased parking requirement compared to a previous general retail use, and so this condition was necessary to mitigate the increased parking demand of the fitness gym. Staff does not, however, believe it would be appropriate to prohibit the business hours of the proposed tattoo parlor on Saturdays or Sundays because the tattoo parlor does not have an increased parking requirement, or result in a parking deficiency at the subject property. It is staffs opinion that the proposed tattoo parlor is a compatible use with the surrounding commercial neighborhood, and is consistent with the General Commercial zoning and the General Plan designation of the property. The parking needs of this use will not significantly impact the subject property or adjacent properties as the proposed use will not increase the parking demand of the commercial center. It is staffs opinion that the existing on -site parking is sufficient to accommodate the parking needs of the proposed tattoo parlor and the other businesses operating at this location. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, and emergency equipment are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. CUP 11 -16 1430 S. Baldwin Avenue November 8, 2011 — page 3 CEQA Because no significant physical alterations to the property are necessary, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for interior alterations, permitting and leasing of an existing structure. A Preliminary Exemption Assessment is attached. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed tattoo parlor is consistent with the intended commercial use of the property and neighborhood, and will not have any adverse impacts to the neighboring businesses or properties. The use will be required to comply with all applicable County Health Code requirements. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A tattoo parlor is permitted with a Conditional Use Permit by the Arcadia Municipal Code. 3 That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The proposed tattoo parlor will involve only minor alterations to the interior of the existing facilities. The on -site parking and the on- street parking on Baldwin Avenue are adequate to accommodate the parking needs of the subject use and the other existing uses at this property. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Baldwin Avenue provides access to the front of the site and is a principal travel corridor that is capable of carrying the traffic demand of the proposed use. An alley to the rear of the subject property provides access to an on -site parking lot and is capable of carrying the traffic demand of the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A personal service use is a commercial use that is consistent with the General Plan Land Use Designation of the site. It is staff's opinion that the proposed tattoo parlor satisfies each prerequisite condition. CUP 11 -16 1430 S. Baldwin Avenue November 8, 2011 — page 4 RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 11 -16 subject to the following conditions: 1. The personal service use approved by this CUP is limited to tattoo services, piercings, and incidental retail sales, and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -16, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and /or properties. 2. The operating hours of the tattoo parlor shall be limited to 12:00 noon to 9:00 p.m., seven (7) days a week. 3. The three (3) tattoo /piercing stations located behind the front counter shall remain open to view from the front waiting area (i.e., shall not become either fully, or partially enclosed). The one (1) semi - private tattoo /piercing station towards the rear of the shop shall not become a private or fully - enclosed station. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety, and emergency equipment shall be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tattoo parlor. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 7. Approval of CUP 11 -16 shall not take effect until the property owner(s), applicant(s), and business owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. CUP 11 -16 1430 S. Baldwin Avenue November 8, 2011 — page 5 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Conditional Use Permit Application No. CUP 11 -16; state the supporting findings and environmental determination, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. Denial If the Planning Commission intends to deny this project, the Commission should move to deny Conditional Use Permit Application No. CUP 11 -16; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the November 8, 2011 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or at tschwehr @ci.arcadia.ca.us. Approved by: Ji 4/'rsama mmunity Development Administrator Attachments: Aerial Photo and Vicinity Map with Zoning Information 300 -foot Radius Map Photos of Subject Property Site and Floor Plans Preliminary Exemption Assessment CUP 11 -16 1430 S. Baldwin Avenue November 8, 2011 — page 6 1 3 z / b FRONT WAITING AREA COUNTER OPEN STATIONS PIERCING/TATTOOS 1 SEMI-PRIVATE STATION PIERCING/TATTOOS 2.1 REAR CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit No. CUP 11 -16 for a 725 square -foot personal service use (tatoo parlor). 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 1430 S. Baldwin Avenue. Approximately 200' north of the intersection of South Baldwin Avenue and West Camino Real Avenue. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Fresh Ink Tattoo (2) Address 1029 Montecito Dr. San Gabriel, CA 91776 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. The project is categorically exempt. e. I Applicable Exemption Class: 1 01 - Existing Facilities f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 10 -20 -11 Preliminary Exemption Assessment\2011 Staff: Tim Schwehr, Assistant Planner FORM "A"