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Home My WebLink About2005-02-08 - RESOLUTIONS - TATTOO PARLOR DENIAL MC04-155 (2)RESOLUTION NO. 05-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DENYING MASTER CASE 04-155, MINOR USE PERMIT 04-016, FOR THE OPERATION OF A PROPOSED TATTOO PARLOR AND ART GALLERY IN A COMMERCIAL SPACE TOTALING APPROXIMATELY 1,330 SQUARE FEET IN THE COMMUNITY COMMERCIAL ZONE AT 23630 SAN FERNANDO ROAD, WITHIN THE COMMUNITY OF NEWHALL, IN THE CITY OF SANTA CLARITA (APN 2833-016-044) WHEREAS, the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: A. On March 31, 2004, an entitlement was filed by Robert Atkinson (the "applicant") with the Planning Division, which included a request to operate a tattoo parlor and an art gallery in a commercial space totaling approximately 1,330 square feet within San Fernando Plaza. The lease area within the shopping center is currently vacant. The application was deemed complete on May 25, 2004. B. The project site is located at 23630 San Fernando Road, in the southwestern portion of the City of Santa Clarita, in the Community Commercial (CC) zone, between the cross streets of Valle Del Oro and Sierra Highway. C. The surrounding land uses consist of multi -family residential to the north and south; a parking lot to the east; and a vacant residential lot to the west. D. The Planning Commission held a duly noticed public hearing on this issue on July 20, 2004. This public hearing was held at 7:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. At the hearing, the Planning Commission considered the staff presentation, staff report, applicant presentation and public testimony on the proposal. E. The application was heard before the Planning Commission on July 20, 2004. In a 5-0 vote, the Planning Commission continued the item to the August 31, 2004 special meeting. The Planning Commission directed staff to prepare conditions of approval and a resolution of approval for the Planning Commission's adoption. F. A public hearing was duly noticed for the August 31, 2004 special meeting which was held at 7:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the Planning Commission received the staff report and public testimony on the project. G. The application was heard before the Planning Commission on August 31, 2004. In a 4-1 vote, the Planning Commission approved the proposed project and the associated entitlements with additional conditions of approval that dealt with signage, life of the permit, and the display of tattoo art in the art gallery. Resolution No. 05-16 Page 2 H. On September 9, 2004, an appeal letter was submitted requesting an appeal of the Planning Commission's decision. I. A public hearing was duly noticed for the City Council meeting on January 11, 2005, which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. 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. J. A public hearing was duly noticed for the City Council meeting on January 25, 2005, which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. At this time the Council received staff presentation, received public testimony, closed the public hearing, and discussed the proposal. Based on the information presented by staff at the public hearing, the Council directed staff to return with a resolution of denial as a Consent Calendar item on the February 8, 2005, City Council meeting. K. The City Council considered adoption of a resolution on February 8, 2005. This meeting was held at 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita. At the meeting, the City Council adopted a resolution to deny Minor Use Permit 04-016 to operate a tattoo parlor and art gallery at 23630 San Fernando Road. L. Public participation and notification requirements pursuant to Sections 65090 and 65854 of the Government Code of the State of California were duly followed. WHEREAS, in making its determination regarding the Notice of Exemption, the City Council reviewed and considered the Notice of Exemption prepared for the project and finds and determines as follows: A. A Notice of Exemption for this project was prepared in compliance with the California Environmental Quality Act (CEQA); B. The Notice of Exemption was prepared as a Class 1 Section 15301 exemption (Existing Facilities). This finding is made because the project includes use of existing facilities and does not involve construction; C. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is the Master Case 04-155 project file within the Planning and Economic Development Department and is in the custody of the Director of Planning and Economic Development; and D. The City Council, based upon the findings set forth above, hereby found that the Notice of Exemption for this project was prepared in compliance with CEQA. Resolution No. 05-16 Page 3 WHEREAS, in making its determination regarding the minor use permit for the operation of the tattoo parlor and art gallery, the City Council has considered certain principles and standards, and finds and determines as follows: A. That the location, size, and characteristics of the proposed tattoo parlor will adversely affect the surrounding commercial and residential uses and, therefore, will not be compatible with and will adversely affect or be materially detrimental to adjacent uses, structures, or natural resources, with consideration given to; 1. Harmony in scale, bulk, coverage, and density because the proposed use is not compatible with the vision for Downtown Newhall and the surrounding area. 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. Location of a tattoo parlor within this gateway area would he inappropriate and inconsistent with the expressed intent of the City Council, diminishing the potential for an economic, social and physical transformation. 2. The project will have harmful effect on the desirable neighborhood character because the proposal is not consistent with the vision for Downtown Newhall and the surrounding area. The tattoo parlor is proposed in an area under transition with a large-scale industrial park project (Gate King). This large-scale development project, combined with future mixed-use, pedestrian -oriented retail, dining and service uses resulting from the Downtown Newhall Specific Plan are intended to transform the Newhall community core, which includes the San Fernando Road corridor, into a vibrant, healthy, live -work -play destination for Santa Clarita Valley residents. 3. The project is not suitable at the site for the type of use or development which is proposed because 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. B. That the proposed location, on San Fernando Road, general operating characteristics of the tattoo parlor, will conflict with surrounding uses and the conditions under which it would be operated will be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity because, as proposed, the business operations does not correlate with the vision for Downtown Newhall and the surrounding area. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California, recommends as follows: Resolution No. 05-16 Page 4 SECTION 1. The City Council hereby denies Master Case 04-155, Minor Use Permit 04-016 to operate a tattoo parlor and art gallery in the Newhall community in the Community Commercial zone at 23630 San Fernando Road. SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 81h day of February, 2005. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8`h day of February, 2005, by the following vote: AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Ferry, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK '— STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 05-16, adopted by the City Council of the City of Santa Clarita, California on February 8, 2005, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20_. Sharon L. Dawson, CMC City Clerk By Susan Coffman Deputy City Clerk