HomeMy WebLinkAbout3 - CUP 15-1 1500 PCH Unit F and G ,OF SEA('e�m®eao
PLANNING COMMISSION rrENI NUMBER
STAFF REPORT 3
®•aqC/FOR ,•°
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: April 6, 2015
SUBJECT: PUBLIC HEARING
REQUEST FOR A CONDITIONAL USE PERMIT
(CUP15-1)T O PERMIT AN EXISTING TATTOO
ESTABLISHMENT AT 1500 PACIFIC COAST
HIGHWAY UNIT F TO EXPAND INTO UNIT G
WITHIN AN EXISTING COMMERCIAL OFFICE
BUILDING IN THE GENERAL COMMERCIAL
(GC) ZONE.
LOCATION: 1500 PACIFIC COAST HIGHWAY UNIT F & G
APPLICANT: TIMOTHY SHELTON
RECOMMENDATION: After conducting the Public Hearing, staff
recommends that the Planning Commission
adopt Resolution No. 15-6, to approve
Conditional Use Permit 15-1 with Conditions.
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F& G
GENERAL PLAN DESIGNATION: COMMERCIAL— GENERAL
ZONE: GENERAL COMMECIAL
SITE DESCRIPTION:
Assessor's Parcel Number: 199-065-29
Lot Area: 10,000 sq. ft. (.23 acres)
Unit Gross Floor Area: 1,954 sq. ft.
Surrounding Properties: North: Residential Low Density (RLD-9)
South:Residential High Density (RLD-20)
East: General Commercial
West: General Commercial
ENVIRONMENTAL ASSESSMENT:
Pursuant to the State of California Public Resources Code and State Guidelines for the
California Environmental Quality Act (CEQA), the Community Development Department
has determined that the proposed project is categorically exempt from further
environmental review per Section 15303 (c), conversion of small structures of the State
CEQA Guidelines.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
March 26, 2015 and mailed to property owners and occupants within a 500' radius of the
subject property on March 26, 2015, with affidavits of publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
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Page 2 of 4
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F&G
BACKGROUND:
On August 17, 2011, the Planning Commission approved Resolution 11-20 conditionally
approving Conditional Use Permit 11-7 permitting a tattoo establishment at 1500 Pacific
Coast Highway Unit F, within an 858 sq. ft. unit. The tattoo establishment has operated
with 4 artist stations with no calls of service from the police department since opening in
2011. Additionally, the Police Department periodically inspects the business.
ANALYSIS:
The applicant filed an application for Conditional Use Permit 15-1 to allow the existing
tattoo shop at 1500 Pacific Coast Highway Unit F to expand into Unit G within the existing
commercial office building located on the south east corner of Pacific Coast Highway and
15th Street in the General Commercial(GC)zoning area.The subject site is developed as a
6,375 sq. ft. 2-story multi-tenant commercialloffice building on the southerly side of Pacific
Coast Highway. There is a mix of the retail and office uses on site. Unit F &G are located
on the second floor of the building. The property is surrounded to the east and west by
commercial uses; to the south and to the north across Pacific Coast Highway by single-
family residential.
The Municipal Code permits tattoo establishments subject to approval of a Conational Use
Permit and compliance with Seal Beach Municipal Code, Chapter 11.4.65 which
establishes extensive requirements for tattoo establishments. The requirements address
maintenance of the premises and the equipment used, cleanliness, and health conditions
of the employees and customers. The establishment has complied and will continue to be
required to comply with all code regulations pertaining to tattoo uses.
This use is further regulated by State legislation that requires all practitioners in this field
who operate, within the County of Orange to register with the OC Health Care Agency. A
County Registered Environmental Health Specialist (REHS) coordinates registration of
each tattoo artist with the County, performs yearly random inspections to verify compliance
with regulations, and assists cities in responding to complaints regarding tattoo
establishments. During the yearly inspections, the REHS tests equipment and inspects for
general cleanliness and sanitary conditions. According to the County Inspector's records,
no citations have been issued at this location or to the business owner.
The proposed use is in compliance with the General Plan Commercial Land Use
designation that encourages commercial areas to provide a broad range of retail and
service uses for the community. The site was built with on-site parking required for retail
uses and tattoo establishments are parked at the same parking ratio as retail uses (1
parking space per 300 square feet of gross floor area) so the proposed expansion will not
require any additional parking spaces.. The proposed tattoo establishment as conditioned
has not created an undue amount of traffic, noise or adverse impacts to adjacent
businesses or residences. The proposed expansion will be required to comply with the
same conditions and operate in the same manner.
The interior layout/floorplan of the business will remain consistent with its existing
layout/floorplan. New half walls at a height of 4 feet 2 inches will be installed in Unit G to
match the existing walls in Unit F. The short walls provide a degree of privacy while
maintaining visibility throughout the work and waiting areas. The-current layout allows for 4
artist stations and the expansion will allow 3 additional stations,an enlarged waiting area, a
storage room, a drawing room and an employee kitchen area. The enlarged waiting area
Page 3 of 4
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F&G
allows for the patrons to wait inside the business No persons are allowed to wait outside
the premises per the Condition of the Conditional Use Permit.
The tattoo establishment hours of operation are Monday through Saturday 12:00 p.m. to
8:00 p.m. Staff believes that because of the strict local and state regulations, including the
inspection criteria regulating tattoo establishments, along with the conditions included in
proposed Resolution 15-6, the use will not have an adverse impact on the surrounding
businesses or neighborhood at large.
CONCLUSION:
After conducting the public hearing and receiving public testimony, staff recommends that
the Planning Commission adopt the attached Resolution No. 15-6 to approve CUP 15-1 to
allow an existing tattoo establishment at 1500 Pacific Coast Highway Unit F to expand into
Unit G within the Commercial General (CG) zoning area.
Prepared by:
'A
Steve Fowler i Basharn
1 0
Assistant Planner-Community Development TD�ir of Community Development
Attachments 4:
1. Resolution No. 15-6—A Resolution of the Planning Commission of the City of Seal Beach
Approving Conditional Use Permit 15-1 to allow an existing tattoo establishment at 1500
Pacific Coast Highway Unit F to expand into Unit G within the General Commercial (GC)
zoning area.
2. Applicant's Letter
3. Floor Plan and Site Plan
4. Front elevation photo
Page 4 of 4
ATTACHMENT 1
RESOLUTION NO. 15-6
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
15-1 TO PERMIT AN EXISTING TAT1"OO
ESTABLISHMENT LOCATED AT 1500 PACIFIC COAST
HIGHWAY UNIT F TO EXPAND INTO UNIT G WITHIN AN
EXISTING COMMERCIAL BUILDING IN THE GENERAL
COMMERCIAL (GC) ZONE.
RESOLUTION NO. 15-6
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION APPROVING CONDITIONAL USE
PERMIT 15-1 TO PERMIT AN EXISTING TATTOO
ESTABLISHMENT AT 1500 PACIFIC COAST
HIGHWAY UNIT F TO EXPAND INTO UNIT G IN
THE GENERAL COMMERICAL ZONE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. On January 7, 2015, Timothy Shelton ("the applicants") submitted
an application to the City of Seal Beach Department of Community Development for
Conditional Use Permit (CUP) 15-1 to permit the existing tattoo establishment at 1500
Pacific Coast Highway Unit F to expand into Unit G (the "subject property"), which is
located in the GC (General Commercial) Zone.
Section 2. On August 17, 2011, the Planning Commission approved
Resolution 11-20 conditionally approving Conditional Use Permit 11-7 permitting a
tattoo establishment at 1500 Pacific Coast Highway Unit F, within an 858 sq. ft. unit.
Section 3. Staff has determined CUP 15-1 to be a Class 3 (Conversion of
small structures) Categorical Exemption pursuant to Section 15303 (c) of the Guidelines
for the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.) for the permitting of an expansion of an existing tattoo establishment into an
adjacent unit where only minor modifications are required for the expansion into the
adjoining unit.
Section 4. A duly noticed public hearing was held before the Planning
Commission on April 6, 2015 to consider the application for CUP 15-1. At the public
hearing, the Planning Commission received and considered all evidence presented,
both written and oral, regarding the subject application. The record of the public hearing
indicates the following:
A. The subject site is developed with an existing 2-story 6,375 sq. ft.
retail/ office building located on the south side of Pacific Coast Highway between 15th
Street and 16th Street. The site is surrounded by residential uses to the south and to the
north across Pacific Coast Highway, and commercial uses to the east and west. The
subject property is located in the General Commercial (GC) zone, which permits tattoo
establishments subject to approval of a Conditional Use Permit.
B. The applicant proposes to remodel the new unit to tie in the work
areas with the existing work areas. The expansion will enlarge the waiting area, add a
storage room, drawing room and employee kitchen area. The hours of operation will
continue to be from 12:00 P.M. to 8:00 P.M. Monday through Saturday.
Section 5. Based upon the facts contained in the record, including those
stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the
Code of the City of Seal Beach, the Planning Commission makes the following findings:
Page 1 of 6
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F& G
A. The proposed use, as conditioned below, is consistent with the
General Plan. The General Plan specifies that the General Commercial land use
category encourages commercial areas to provide a broad range of retail and service
uses for the community. The expansion of the existing tattoo establishment with the
continued hours of operation will maintain the diversity of commercial uses available
along Pacific Coast Highway;
B. The proposed use is permitted in the General Commercial (GC)
zone subject to the approval of a Conditional Use Permit. The existing use has
operated at the subject site in compliance with all applicable provisions of the Municipal
Code including Section 11.4.65 which regulates tattoo establishments. The proposed
expansion will continue to be regulated by Seal Beach Municipal Code Section 11.4.65
and all conditions of approval applied to the original establishment in Unit F.
C. The proposed use, as conditioned below, will be located on a site
that is physically adequate for the type, density, and intensity of use being proposed,
including provision of services, and the absence of physical constraints. The existing
building was originally constructed as a retail/office building and tattoo establishments
have the same parking ratio as retail uses, so the proposed expansion will not require
any additional parking.
D. The location, size, design, and operating characteristics of the
proposed use, as conditioned below, will be compatible with and will not adversely
affect uses and properties in the surrounding neighborhood. The proposed expansion
of the existing tattoo establishment is compatible with the commercial building in which
it is located. The subject property is developed with a 6,375 sq. ft. 2-story commercial
building and the existing tattoo establishment has operated on the second floor unit
since 2011. The proposed expansion into the adjacent unit will not result in additional
square footage to the building and will not cause an increase in parking demand for the
site. The tattoo establishment has operated since 2011 without adverse impacts to
surrounding uses. The establishment will continue to be regulated by local and state
regulations along with existing conditions of approval.
E. The establishment, maintenance, and operation of the proposed
expanded use, as conditioned below, will not be detrimental to the health, safety, or
welfare of persons residing or working in the vicinity. The tattoo establishment has
operated within the retail/office building since 2011 and the city has not received
complaints during this time. The conditions placed on the tattoo establishment have
ensured the business did not become detrimental to persons residing or working in the
vicinity. The same operating conditions have been applied to CUP 15-1 to ensure the
tattoo establishment continues to operate in conjunction with the retail/office building
and neighborhood it is located in.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves CUP 15-1 to permit the expansion of a tattoo establishment located at 1500
Pacific Coast Highway Unit F into Unit G on the subject property, subject to the
following conditions:
Page 2 of 6
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F &G
1. Conditional Use Permit 15-1 is approved to permit the expansion of an existing
tattoo establishment at 1500 Pacific Coast Highway Unit F into Unit G to create a
1,954 sq. ft. unit within the General Commercial (GC) zone.
2. The premises of the tattoo establishment must be in substantial compliance with the
project plans submitted with the application date stamped January 7, 2015 and
maintained on file with the Community Development Department.
3. This approval rescinds Resolution No. 11-20 which approved CUP 11-7, permitting
the tattoo establishment in Unit F and incorporates all existing conditions as
identified below.
4. The applicant shall comply with all requirements enumerated within Chapter
11.4.65 of the Seal Beach Municipal Code, regarding the operation of a tattoo
establishment
5. This Conditional Use Permit shall not become effective for any purpose unless/until
a City "Acceptance of Conditions" form has been signed and notarized by the
applicant before being returned to the Planning Department; and until the ten (10)
calendar day appeal period has elapsed.
6. The hours of operation shall be 12:00 P.M. to 8:00 P.M. Monday through Saturday.
7. The applicant shall comply with all pertinent laws, requirement, and guidelines of
the County of Orange and the State of California regarding tattoo establishments.
8. Only owners, operators and employees of the establishment are allowed to enter
the sterilization room, as shown on the subject floor plan.
9. All patrons must be 18 years of age or older and provide government issued photo
identification to receive any of the services provided at the business premises.
10. No person under the age of 18 shall enter upon or be allowed to remain upon the
premises unless in the company of a parent or legal guardian. The premises shall
have signs posted in at least two prominent locations, subject to the approval of the
Community Development Department, which shall read: "No persons under the age
of 18 shall be permitted on the business premises unless accompanied by a parent
or legal guardian".
11. No persons suspected of being intoxicated with alcohol or under the influence of
any controlled substance shall be allowed within the business premises.
12. The sales, consumption, or use of any alcoholic beverages or controlled
substances shall be prohibited within the business premises.
13. No coin-operated video games or other amusement devices shall be permitted
within the business premises.
14. All artists operating at the business location shall be properly registered through the
State of California and the County of Orange. If the artist is renting a work station
and not an employee, then he/she will be required to obtain a City of Seal Beach
Business license.
Page 3 of 6
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F&G
15. The property owner and business owner shall grant access at any time to the
County of Orange Health Care Agency, the Seal Beach Police Department, or the
Community Development Department personnel for the purpose of inspecting the
premises to verify compliance with all applicable conditions of approval, state laws,
and/or all local and county ordinances.
16. Upon any change in ownership of the business, the business owner(s) are subject
to all conditions listed under CUP 15-1 and shall notify the Seal Beach Police
Department and City of Seal Beach of the ownership change.
17. Any areas within the business where tattooing is performed shall remain partially
open and shall not be made completely private.
18. The establishment shall have a public telephone listing
19. Any business patrons and their companions shall remain inside the building while
they are waiting to be served. No person shall be allowed to wait within the
walkways or exterior areas immediately adjacent to the business premises.
20. The interior areas of the business premises shall be illuminated at all times while
the business premises are occupied, at a level that will allow clear and distinct
identification of individuals inside the business premises.
21. No smoking shall be permitted inside the business.
22. No neon signage or other illuminated signage directed towards the exterior of the
business premises shall be allowed at any time. All proposed business signage
shall be subject to approval of the Department of Community Development.
23. Any conviction of a Business & Professions code or Penal Code section arising
from the ownership or operation of the establishment shall be sufficient grounds to
suspend or revoke the Conditional Use Permit.
24. The Planning Commission reserves the right to revoke or modify this CUP if harm
or operational problems such as noise or criminal behavior occur. Examples of
harmful or operation behaviors include, but not limited to, violence, public
drunkenness, vandalism, solicitation and/or litter.
25. If there are substantial adverse impacts on Police Department services and/or in
the event that the Police Chief or designee determines that a significant increase in
police service has resulted due to the operations of the establishment, the Police
Chief or designee at any time may request a public hearing before the Planning
Commission to modify the conditions of approval including, but not limited to the
hours of operation or revocation of this Conditional Use Permit.
26. A modification of this CUP must be applied for when:
a. The establishment proposes to modify any of its current Conditions of
Approval.
b. There is a substantial change in the mode or character of operations of
the establishment.
Page 4 of 6
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F& G
27. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted by
the Planning Commission pursuant to written request for extension submitted to the
Community Development Department a minimum of 90 days prior to such
expiration date.
28. The applicant will prominently display these Conditions of Approval in a location
within the businesses' customer area that is acceptable to the Community
Development Director.
29. Commercial deliveries and/or trash disposal activities are prohibited between 10:00
P.M. and 7:00 A.M
30.The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of the
rights granted herein, and any and all claims, lawsuits or actions arising from the
granting of or the exercise of the rights permitted by this Conditional Use Permit,
and from any and all claims and losses occurring or resulting to any person, firm,
corporation or property for damage, injury or death arising out of or connected with
the performance of the use permitted hereby. Applicant's obligation to indemnify,
defend and hold harmless the City as stated herein shall include, but not be limited
to, paying all fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits or
actions, expert witness fees, and any award of damages, judgments, verdicts, court
costs or attorneys' fees in any such lawsuit or action.
31.The applicant is required to obtain all required Building and Safety permits prior to
tenant improvements, construction or demolition.
32.Approval of this request shall not waive compliance with all sections of the
Municipal Code, or all other applicable City Ordinances in effect at the time of
building permit issuance.
33. Failure to comply with any of these conditions or a substantial change in the mode
or character of the establishment shall be grounds for revoking or modifying this
CUP approval.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on April 6, 2015, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Page 5 of 6
Conditional Use Permit 15-1
1500 Pacific Coast Highway Unit F & G
Steven Sloan
ATTEST: Chairperson
Jim Basham
Planning Commission Secretary
Page 6 of 6
ATTACHMENT 2
Applicant's Letter
Still Life Tattoo
5622-2296-8066
1500 PCH, Unit F
Seal Beach, CA 90740
To City of Seal Beach,
1, Tim Shelton, owner and tattoo artist at Still Life Tattoo, propose an expansion of our shop
located at 1500 PCH, Unit F, Seal Beach, CA 90740. This is our third year in business at this
location. We would like to extend our business into the available location, Unit G, directly next
door to our current location. The unit has recently come up as available for rent. I have spoken
with the property management and expressed our interest in adding the available unit to our
current unit. They will rent to us and allow the expansion into unit G. Now I'm writing to you to
move forward with this process and take the appropriate actions to make the expansion a
success.
Not much needs to be done with the unit in regards to the expansion as the unit adds perfectly to
our current layout.There is already a preexisting door connecting our unit with the unit we would
like to expand into. We will install laminate flooring, same as our existing floor,to keep up with
health department regulations. We currently have 5 full time artists and will be adding 3 more
carefully selected full time artists. We will still be open from 12pm-8pm on Monday-Saturday.
We are looking forward to farthing our business as well as bringing more business into our
community.
Thank you very much for your time and consideration.
All the best,
Tim Shelton
Still Life Tattoo
Shop Owner/Tattoo Artist
ATTACHMENT 3
Floor Plan and Site Plan
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ATTACH IVI ENT 4
Site Elevation Photo
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