HomeMy WebLinkAbout2005-01-25 - AGENDA REPORTS - TATTOO PARLOR APPEAL MC 04-155 (2)PUBLIC HEARING
DATE:
SUBJECT:
DEPARTMENT
Agenda Item: _1&!
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
January 25, 2005
Lisa Hardy
APPEAL OF PLANNING COMMISSION'S APPROVAL OF A
TATTOO PARLORIART GALLERY AT 23630 SAN FERNANDO
ROAD (MASTER CASE 04-155, MINOR USE PERMIT 04-016)
Planning and Economic Development
RECOMMENDED ACTION
City Council to receive staff presentation; receive public testimony; close the public hearing; and
direct staff to return with a resolution of denial as a Consent Calendar item on the February 8,
2005, City Council meeting.
BACKGROUND
On January 11, 2005, the City Council continued this agenda item to the January 25, 2005 City
Council meeting because the applicant failed to provide the required 14 -day on-site sign posting
project information 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. On the
January 11, 2005, staff posted the required on-site sign information for this January 25, 2005 City
Council meeting. 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.
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)
requires the discretionary approval of a minor use permit by the Planning Commission for the
NWE I
tattoo parlor. Art galleries are listed as a permitted -by -right use in the UDC. The Planning
Commission received staff's 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 ofDenial
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
ftiture 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 staff s 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 City's General Fund are anticipated with 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 Locations Map available in the City Clerk's Reading File
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NOTICE OF EXEMPTION 4 GM690
TO: - FROM: R E I V E D
NG DIVISION
[X] County Clerk City of Santa Clarita
County of Los Angeles Planning and Building Services OCT 15 2W4
12400E Imperial Hwy., Rm. 2001 23920 Valencia Boulevard, Suite #302 DEVELOPMENT
Norwalk, CA 90650 Santa Clarita, CA 91355 PLANNING & ECONOMIC RITA
Office of Planning and Research REE15
1400 Tenth Street, Room 121
Sacramento, CA 95814 SEP 1 0 20PL
,,'�CLERK
CONNY 8. MCI; TY CLERK
DATE: September 1, 2004 't�
PROJECT NAME: Master Case 04-155, Minor Use Permit 04-016 LBAKM DEPUTY
PROJECT LOCATION: 23630 San Fernando Road
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 Director of Planning and Building Services [X] Planning Commission
] City Council of the City of Santa Clarita approved the above project on August 31, 2004. Review
of the project by the Department of Planning and Building Services found that the project is exempt
from the provisions of the California Environmental Quality Act.
EXEMPT STATUS: (Califorria 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 1 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 II, City of Santa
Clarita.
This is to certify that the Notice of Exemption with comments/responses and record of project
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 H
Signature: C4. L D7—
I ov ON SEP 10 2nnd ---
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