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"