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HomeMy WebLinkAboutPC Res 15-06 - 2015-04-06 RESOLUTION NO. 15-6 i A RESOLUTION 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 16"' 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 retaiVoffice 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 retaiVoffice 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 Pack 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 unlesstuntil 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 lifter. 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 attomeys' 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 ponditional Use Permit 15-1 1500 Rec fig oast Highwa M f F&G Steven Sloan A T T: Chairperson Jim Basham PI nning Commission Secretary Page 6 of 6