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HomeMy WebLinkAboutRES PC 2010 559 2010 1130 RESOLUTION NO. PC-2010-559 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-08 TO ALLOW A TATTOO, COSMETIC TATTOO, AND BODY PIERCING ESTABLISHMENT AT 530 LOS ANGELES AVENUE, SUITE 212, ON THE APPLICATION OF RICHARD SUTHERLAND WHEREAS, at a duly noticed public hearing on November 30, 2010, at a Special Meeting, the Planning Commission considered Conditional Use Permit (CUP) No. 2010- 08 on the application of Richard Sutherland for a tattoo, cosmetic tattoo, and body piercing establishment at 530 Los Angeles Avenue, Suite 212; and WHEREAS, at its Special Meeting of November 30, 2010, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and any other applicable regulations, in that the tattoo and body piercing establishment is a service use consistent with the C-2 General Commercial land use designation in the Land Use Element of the General Plan, and is permitted in the Commercial Planned Development (CPD) Zone with the approval of a Conditional Use Permit. In addition, conditions are included to ensure compliance with State and County regulations related to tattoo and body piercing establishments. B. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area, in that the tattoo and body piercing establishment will provide additional personal services in the commercial center that already has retail, service, restaurant, and office uses, is conditioned to comply with State and County regulations related to tattoo and body piercing establishments and is similar in size, scope and hours of operation with other personal service establishments within the center. Resolution No. PC-2010-559 Page 2 C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that there would be no changes to the exterior appearance of the existing commercial center building except for signage in compliance with Chapter 17.40 of the Moorpark Municipal Code and the center's approved sign program on file at the Community Development Department office as a result of the application. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the hours of operation as proposed and as conditioned are consistent with the hours for existing uses in commercial center. E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the hours of operation are limited to be consistent with other uses in the center, the center was designed and approved to accommodate a variety of retail, service, restaurant, and office uses and conditions are required to ensure compliance with State and County regulations. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission hereby approves Conditional Use Permit No. 2010-08 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 3. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Groff, Taillon, Vice Chair Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 30th day of Nove •er, 2010. • 4W¢-- Bruce A. Hamous, Chair David A. Bobardt, Community Develo•ment Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2010-559 Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010-08 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. All Conditions of Approval for Planned Development Permit No. 966 are incorporated by reference in this approval and shall continue to apply unless specifically modified by this permit. 3. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2010-08, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 4. Hours of operation allowed by this Conditional Use Permit are limited to between 9:00 a.m. to 10:00 p.m. daily. No body piercing or tattooing work may take place on the premises outside of these hours. The Community Development Director shall have the authority to restrict hours of operation further when in his/her opinion additional limits on hours of operations are necessary to maintain compatibility with adjacent uses. Resolution No. PC-2010-559 Page 4 5. This permit will be valid for five (5) years from the date of final approval. Upon written request of the applicant at least sixty (60) days prior to the expiration of this permit, the Community Development Director may extend this permit an additional five (5) years if all conditions of approval have been continuously met by the applicant during the 5-year period. 6. The manager of the tattoo and body piercing establishment or his/her designee, shall discourage patrons from loitering in the parking lot and pedestrian areas of the shopping center while waiting for scheduled appointments. 7. A sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 8. Pursuant to California Health and Safety Code Section 119303, the applicant shall, prior to final occupancy, register the business with the County Environmental Health Department, sign an acknowledgment upon receipt of the County standards, and commit to meet the standards, including providing the County Environmental Health Department with all necessary information, registration fees, and annual inspection fees. The applicant shall comply with any applicable amendments to State law with respect to the allowed uses during the term of this permit. 9. City personnel and County Environmental Health Department personnel must be allowed to enter and inspect the premises at any time during business hours for compliance with applicable laws and permits. 10. Pursuant to California Penal Code Section 652, nobody on the premises may conduct or offer body piercing on juveniles under the age of 18 years, unless the body piercing is completed in the presence of, or with notarized authorization of, the juvenile's parents or guardian. 11. Pursuant to California Penal Code Section 653, nobody on the premises may conduct or offer tattooing on juveniles under the age of 18 years. 12. All registered sex offenders are prohibited from completing tattoos on a client's specified anatomical areas as defined in section 17.28.050 of the Moorpark Municipal Code. -END-