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HomeMy WebLinkAbout2005-01-11 - AGENDA REPORTS - TATTOO PARLOR APPEAL MC 04 155 (2)Agenda Item: tuAr— CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: January 11, 2005 SUBJECT: APPEAL OF PLANNING COMMISSION'S APPROVAL OF A TATTOO PARLOR/ART GALLERY AT 23630 SAN FERNANDO ROAD (MASTER CASE 04-155, MINOR USE PERMIT 04-016) DEPARTMENT: Planning and Economic Development RECOMMENDED ACTION City Council to open the public hearing; receive staff report; receive public testimony; and continue the public hearing to the January 25, 2005, City Council meeting. BACKGROUND Project Continued to January 25, 2005 City Council Meeting This project is being continued to the January 25, 2005, City Council meeting because the applicant failed to provide the proper 14 day on-site sign posting information required of this project and as requested in advance by staff. It is the responsibility of the applicant to contact the Planning Division to obtain the appropriate date and time of the public hearing and to post a four (4) foot by eight (8) foot sign located in the area most visible to the public. As part of the public hearing notification requirements, staff placed a notice in the local newspaper and mailed a notice to all affected property owners within a 500' radius as required by the Unified Development Code. The proper on-site sign will be posted to provide the required 14 -day notice for the January 25, 2005 continued public hearing. Recent Planning Commission Action On July 20, 2004, a minor use permit request for the operation of a tattoo parlor and art gallery within an existing shopping center at 23630 San Fernando Road was presented to the Planning Commission with a staff recommendation of denial. The Unified Development Code (UDC) wnuedb: requires the discretionary approval of a minor use permit by the Planning Commission for the tattoo parlor. Art galleries are listed as a permitted -by -right use in the UDC. The Planning Commission received staffs presentation, the staff report, applicant presentation and public testimony. In a 5-0 vote, the Planning Commission continued the item to an August 31, 2004, special meeting and directed staff to return on this date with conditions of approval and a resolution of approval for the Commission's adoption. Items of concern that the Commissioners directed staff and the applicant to address included limiting the life of the permit and adding additional landscaping at the existing shopping center. On August 31, 2004, the Planning Commission approved the proposed project and the associated entitlements with a 4-1 vote. Newhall Redevelopment Committee Prior to the first Planning Commission hearing, the applicants' representative presented the proposed tattoo parlor and art gallery to the Newhall Redevelopment Committee on June 7, 2004. At this meeting, the Newhall Redevelopment Committee voted 9-5 recommending that the Planning Commission deny the minor use permit request. The Newhall Redevelopment Committee determined that the proposal was not appropriate for the shopping center and that it did not correlate with the vision for Downtown Newhall and the surrounding area. Planning Commission Approval Appealed On September 9, 2004, this Planning Commission action was appealed by two Councilmembers on the basis that the planning objectives for this area of the San Fernando Road corridor have yet to be formally established by the Downtown Newhall Specific Plan and because of the Newhall Redevelopment Committee's expressed concern with the proposal. This proposed project is approximately one-half of a mile southeast of the proposed Specific Plan boundary. The appeal letter noted that this area is in transition with a variety of retail, dining, and employment destinations. Therefore, a project of this nature merits an additional public hearing and consideration by the City Council. Analysis Basisfor Staff Recommendation of Denial On July, 20, 2004, the proposal was heard by the Planning Commission. At this time, staff went before the Planning Commission with a recommendation of denial due to the City's sensitivity to this type of commercial use in the Newhall Redevelopment area prior to the completion of the Downtown Newhall Specific Plan and because of the Newhall Redevelopment Committee's recommendation of denial of the proposed tattoo parlor/art gallery. The City Council directed staff to initiate a targeted planning effort in the community of Newhall in early 2004. The end product will be a Downtown Newhall Specific Plan document that will guide future development and evaluate mixed use development, increase density and reduce parking requirements in this part of the City. This proposed project is approximately one-half of a mile southeast of the proposed specific plan boundary. Also, the San Fernando Road corridor serves as both a gateway to the City of Santa Clarita from State Route 14, as well as the gateway to the community of Newhall. Both San Fernando Road and the San Fernando Road/Sierra Highway intersection are identified in the City's Beautification Master Plan as a primary corridor and City gateway which require special consideration with regard to public improvements and development. Furthermore, other planning efforts and development projects are underway that will shape the future of the Newhall community. The Gate -King Industrial Park will bring jobs to the south-central portion of the City, increase the daytime population within the Downtown Newhall area, and provide many public improvements. This large-scale development, combined with the Downtown Newhall Specific Plan, is intended to transform the Newhall community core. The tattoo parlor/art gallery is proposed in an area under transition. The planning efforts now underway in this area present an opportunity to heighten the San Fernando Road corridor as a primary City gateway and, specifically, the community of Newhall. From a land use perspective, staff determined that the operation of a tattoo parlor at the proposed site would not be compatible with the desired neighborhood character and the type of businesses envisioned for Downtown Newhall and the surrounding area. Based on the above, staff felt that the project was not consistent with the City's vision for Downtown Newhall and recommended that the Planning Commission deny the proposed project. During this meeting, the Planning Commission received staffs report and a resolution with a recommendation of denial. In addition, the Planning Commission received the applicant's presentation and extensive public testimony in favor of the proposal. There was no expressed opposition to the proposal at this meeting. Basisfor Planning Commission Approval In evaluating the merits of the proposal at the August 31, 2004 special meeting, the Planning Commission determined that the project met the City's Unified Development Code and General Plan. In a 4-1 vote, the Planning Commission approved the tattoo parlor and art gallery. The Planning Commission did, however, express some concern regarding the proposal. Therefore, upon approving the project, the Planning Commission added three conditions of approval that relate to the life of the permit, signage, and the display of tattoo art in the art gallery. The Planning Commission felt that many of the concerns normally associated with tattoo parlors would be mitigated on this project with the conditions of approval noted in the August 31, 2004 Planning Commission Staff Report. (Located in Council Reading file.) These include: • The applicant will not allow anyone under the age of 18 to have artwork done unless accompanied by a parent or legal guardian; • The applicant shall obtain approval from all other associated agencies, such as the L.A. County Health Department; and • The applicant is conditioned to provide a disclosure to all customers prior to beginning any artwork, that indicates all tattoo procedures and the effects that tattooing has on the body. Project Description The tattoo parlor/art gallery would operate in an existing commercial space. No construction is proposed with this application. The lease area is approximately 1,330 square feet. The art gallery, which would be located in the waiting area, would display local artist pieces. The waiting/reception and art gallery area would be separate from the tattoo area by a permanent opaque wall. Two employees would staff the tattoo parlor and art gallery. However, additional workers may be employed as necessary. The proposed hours of operation for the tattoo parlor and art gallery are 11:00 a.m. to 8:00 p.m. Tuesday through Saturday and closed on Sundays and Mondays. Patrons would be allowed to enter the tattoo salon by appointment only. The applicant would prohibit any patrons from obtaining a tattoo if intoxicated or under the age of 18. The center consists of two commercial buildings and contains various commercial establishments including Town & Country Liquor and Deli, National Immigration Center, Association of Domestic Violence, Tortas Ahogadas, Yan Academy Martial Arts, and Fine Performance Cycle, The shopping center is named San Fernando Plaza. The project would comply with the development standards in the City's UDC. Further, as part of the permit application review and approval process, a parking analysis was submitted which shows that there would be sufficient parking for the existing businesses and the proposed project. The proposal presents no conflict with the development standards because the project would use existing commercial facilities. ALTERNATIVE ACTIONS Any other action as directed by the Council. FISCAL IMPACT No fiscal impacts to the Citys General Fund are anticpated with the the proposed project. ATTACHMENTS Site Plan Notice of Exemption Planning Commission Staff Report 7-20-04 available in the City Clerk's Reading File Planning Commission Staff Report 8-31-04 available in the City Clerk's Reading File Tattoo Parlor Location Map CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita Council in the City Hall Council Chambers, 23920 Valencia Blvd., I st Floor, on the I I 1h day of January, 2005, at or after 6:00 p.m. to consider an appeal of the Planning Commission's decision to approve Master Case No. 04-155 (Minor Use Permit 04-016) for the operation of the Tattoo Salon and Art Gallery located at 23604 San Fernando Road. The lease area would be approximately 1,330 square feet and would operate within an existing shopping center. As a part of this project, an environmental review was conducted to evaluate the impacts of the project. Staff determined that the project is exempt per Article 19: Categorical Exemptions, Section 15301: Existing Facilities, of the California Environmental Quality Act (CEQA) as a Class I which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures. A Notice of Exemption has been prepared in compliance with CEQA. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. For further information regarding this project, you may contact the City of Santa Clarita Department of Planning & Building Services, 23920 Valencia Blvd., 3 d Floor, Santa Clarita, CA or telephone (661) 255-4330, Juan A. Enriquez, Jr., Assistant Planner 11. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at or prior to the public hearing. Dated: December 15, 2004 Sharon L. Dawson, CMC City Clerk Publish Date: December 20, 2004 ........... . . . . . . . . . . ..... Pll - - - - - - - - - - - -- - - - - - - - - 31. I A A L-1. I I I E I art. 4 1 71 4 Ac NOTICE OF EXEMPTION TO: [X] County Clerk County of Los Angeles 12400E Imperial Hwy., Rm. 2001 Norwalk, CA 90650 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 DATE: PROJECT NAME: PROJECT LOCATION: FROM: City of Santa Clarita 4 ."114 E I V E D PLANNING IDIVISION Planning and Building Services OCT 15 2004 23920 Valencia Boulevard, Suite #302 Santa Clarita, CA 91355 September 1, 2004 PLANNING & ECONOMIC DEVELOPMEN7 a LARI F SEP 10 2001 CONNY B. Master Case 04-155, Minor Use Permit 04-016 23630 San Fernando Road J. BAKER PROJECT DESCRIPTION: A Minor Use Permit to operate an art gallery and tattoo salon within an existing shopping center. The lease area for the art gallery and tattoo salon would be approximately 1,330 square feet. The subject site is located at 23630 San Fernando Road in the Community Commercial (CC) zone within the community of Newhall. PROJECT APPLICANT: Robert Atkinson This is to advise that the [ I Director of Planning and Building Services N Plannin g Commission [ ] City Council of the City of Santa Clarita approved the above project on August 31, 2004. Review of the project by the Department ofPlanning and Building Services found that the project is exempt from the provisions of the California Environmental Quality Act. EXEMPT STATUS: (California Environmental Quality Act under Article 19 Section 15000) (Resolution No. 91-50 of local guidelines of the City of Santa Clarita)(e). The project is exempt under Class I of the California Environmental Quality Act because the tattoo salon will operate within an existing building. Person or agency carrying out the project: Juan Enriquez, Jr., Assistant Planner IL City of Santa Clarita. UU '1� Ulllmentsheziljv�Mi recor f?rcject This is to certify that the Notice of EXemptui - approval is available for public review at: DEPARTMENT OF PLANNING AND BUILDING SERVICES 23920 Valencia Boulevard, Suite 302 Santa Clarita, California 91355 (661) 255-4330 Contact Person/Title: Juan Enriquez, Jr., Assistant Planner 11 Signature: �. D=: — rM N= MS PW 61 1 V V ON SEP 10 2nn4 S:pbs\c=ent\12004\04-155\noe.doc UNM .6 munix CLEK NOTICE OF CONTINUED PUBLIC HEARING CITY OF SANTA CLARITA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular meeting held January 11, 2005, continued a public hearing on APPEAL OF PLANNING COMMISSION'S APPROVAL OF MINOR USE PERMIT FOR A TATTOO PARLOR/ART GALLERY AT 23630 SAN FERNANDO ROAD to January 25, 2005. The continued public hearing will be held at or after 6:00 p.m. in the Council Chamber at 23920 Valencia Blvd., Santa Clarita, California. Dated this 12 th day of January, 2005. 14TCA XT ®r�WrTf A X -1 1 1 - '�� � -AA - �' DEI"Y CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. AFFIDAVIT OF POSTING CITY OF SANTA CLARITA L SUSAN COFFMAN, being first duly sworn, deposes and says that she is the duly appointed and qualified Deputy City Clerk of the City of Santa Clarita and that on January 12, 2005, she caused the above notice to be posted at the door of the Council Chamber located at 23920 Valencia Blvd., Santa Clarita, California. �6-SV&N�ECIOLFFMAN, U01741 'CIF. Santa Clarita, California PublicHearings/CONTPH.doc