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Resolution No. 2010-556
PLANNING COMMISSION
REGULAR MEETING AGENDA
AUGUST 24, 2010
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
August 24, 2010
Page 2
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-556)
A. Consider Conditional Use Permit No. 2010-05, a Request to Allow a
Tattoo, Cosmetic Tattoo, and Body Piercing Establishment, Within a 1,322
Square-Foot Tenant Space, Located at 6593 Collins Drive, Suite D1B, of
the Campus Plaza Shopping Center, on the Application of Richard
Sutherland. Staff Recommendation: None. (Staff: Freddy Carrillo)
9. DISCUSSION ITEMS:
10. CONSENT CALENDAR:
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, August
24, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on August 20, 2010, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 20, 2010.
� � , kr�, Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission !��
FROM: David A. Bobardt, Community Development Director.
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: August 18, 2010 (PC Meeting of 08/24/2010)
SUBJECT: Consider Conditional Use Permit No. 2010-05,a Conditional Use Permit
to Allow a Tattoo, Cosmetic Tattoo, and Body Piercing Establishment,
within a 1,322 Square-Foot Tenant Space, Located at 6593 Collins Drive,
Suite D1B, of the Campus Plaza Shopping Center, on the Application of
Richard Sutherland
BACKGROUND
On July 20, 2010, an application was filed by Richard Sutherland for Conditional Use
Permit (CUP) No. 2010-05, to allow a tattoo, cosmetic tattoo, and body piercing
establishment within an existing 1,322 square-foot vacant tenant space at 6593 Collins
Drive, Suite D1 B, within the Campus Plaza shopping center. The applicant is proposing to
have five work stations, an office, and one aesthetician room.
DISCUSSION
Project Setting
Existing Site Conditions:
The Campus Plaza shopping center includes a mix of retail, service, restaurant, and office
uses. Access to the center is from both Campus Park Drive and Collins Drive.
Previous Applications:
On April 2, 2003, the City Council approved Resolution No. 2003-2071, Commercial
Planned Development Permit No. 2000-04 for construction of the Campus Plaza shopping
center and Tentative Parcel Map No. 5264 for subdivision of the 6.28 acre site into four
lots. Seven subsequent discretionary land use permits have been approved for this
shopping center. Specifically, the Planning Director/Community Development Director has
approved three Administrative Permits and the Planning Commission has approved four
Conditional Use Permits for this shopping center, as follows:
Honorable Planning Commission
August 24, 2010
Page 2
• Administrative Permit No. 2004-16 was approved on November 17, 2004, by
the Community Development Director, to permit the sale of beer and wine at
the Shell Service Station convenience store within this center for off-site
consumption.
♦ Administrative Permit No. 2008-02 was approved on April 9, 2008, by the
Planning Director, to permit a yoga and palates studio (Mina Izadsepas)
within this center.
♦ Administrative Permit No. 2009-09 was approved on May 18, 2009, by the
Planning Director, to permit a massage establishment (Sol Cal Nails and
Spa) within this center.
♦ Conditional Use Permit No. 2007-04 was approved on February 26,2008, by
the Planning Commission, to permit the sale of liquor, beer, and wine at a
convenience store (Faith 7-11) within this center for off-site consumption.
♦ Conditional Use Permit No. 2008-06 was approved on October 14, 2008, by
the Planning Commission, to allow a retail tobacco and accessories store
(Dough Main Smoke Shop) within this center.
• Conditional Use Permit No. 2008-10 was approved on November 15, 2008,
by the Planning Commission, to allow a casual restaurant (Chronic Tacos)
with sale and service of beer and wine for on-site consumption within this
center.
• Conditional Use Permit No. 2008-12 was approved on January 27, 2009, by
the Planning Commission, to allow a casual restaurant (Garlic's Jim Pizza)
with sale and service of beer, wine, and liquor for on-site consumption within
this center. (Restaurant never opened and applicant withdrew project.)
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site General Commercial Commercial Planned Shopping Center
(C-2) Development (CPD) PP....9
Medium Density Residential Planned Single-Family
North Residential (M) Development/5 Units per Residential
Acre (RPD-5U) _ _...
South Freeway Right-of-Way N/A Freeway
(FWY-R/W) ....
East Park (P) RE-5AC Park
Very High Density Residential Planned Residential
West Residential (VH) Acre (RPD-1
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General Plan and Zoning Consistency:
The General Commercial land use designation in the General Plan is intended to provide
for a wide range of retail and service uses. Chapter 17.08 Definitions, of the Zoning
Ordinance, includes tattoo parlors under the definition of "Personal Services" as an
example of a personal service. The "Personal Services" definition also includes barber
shops, beauty salons and spas, clothing rental, coin operated laundromats, funeral homes,
marriage bureaus, massage services by masseurs/masseuses, personal laundry and dry
cleaning establishments, photographic studios and travel agencies. The Zoning Ordinance
requires Planning Commission approval of a Conditional Use Permit for a tattoo and body
piercing establishment in the Commercial Planned Development(CPD)Zone. This allows
for consideration of the compatibility of the proposed land use with surrounding uses in
making findings on the application, and adoption of conditions of approval as deemed
necessary if the use is to be approved.
Analysis
Staff has identified hours of operation as the primary land use issue for Planning
Commission consideration in the review of the tattoo and body piercing establishment
Conditional Use Permit application. In addition, recommendations from the Police Chief
would address compliance with state and other agency regulations.
When the Campus Plaza Shopping Center was approved, Special Condition No. 10 of
Resolution No. 2003-2071, which approved Commercial Planned Development No. 2003-
2071, allows tenants to be open from 5:00 a.m. to 12:00 a.m. (midnight). The applicant
has proposed hours of operation for the tattoo and body piercing establishment as follows:
♦ Sunday through Thursday: 10:00 a.m. to 8:00 p.m.
♦ Friday and Saturday: 10:00 a.m. to 10:00 p.m.
Most retail, service and restaurant tenants in the Campus Plaza shopping center currently
close by 10:00 p.m., with the exception of the one existing convenience store and one gas
station convenience store. To minimize loitering around closed businesses by tattoo and
body piercing establishment customers, the hours of operation of the proposed tattoo and
body piercing establishment should be consistent with the open hours of existing
businesses in the center. Staff has included a special condition of approval limiting the
hours of operation to 9:00 a.m. to 10:00 p.m. daily.
Staff forwarded the application to the Moorpark Police Chief for review. The Police Chief
had the following recommendations:
• Tattoo shop must be at least 1,000 feet from any school (other than a
college or university) and establishments principally used by minors;
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August 24, 2010
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• Comply with Penal Code Section 652, which prohibits the body piercing of a
juvenile under 18 years of age without a notarized authorization of a parent
or legal guardian;
• Comply with Penal Code Section 653, which prohibits tattooing or offering to
tattoo a juvenile under 18 years of age;
• Pursuant to California Health and Safety Code Section 119303:
1. Register tattoo business with the County Environmental Health
Department, sign an acknowledgment upon receipt of the standards,
and commit to meet the standards.
2. Provide the County Environmental Health Department with the
business address at which the applicant performs the tattooing and
body piercing activities.
3. Pay a one-time registration fee of $25, to be paid to the County
Environmental Health.
4. Pay an annual inspection fee of $105 to the Environmental Health
Department. (This does not preclude the County from charging an
additional amount if necessary to cover the cost of registration and
inspection.)
• Allow inspecting officers from the city, and county health department to enter
and inspect the premises;
• Comply with all public health requirements established by State law and
County Environmental Health Policy;
• Limit the permitted hours of operation from 9:00 am to 10:00 pm; and
• Prohibit registered sex offenders from doing tattoos on a client's private
areas.
The Police Chiefs recommendation of the 1,000-foot separation from schools was based
on research of other cities' codes. This proposed tattoo and body piercing establishment
is approximately 1,400 feet from the nearest point at Campus Canyon School, which is
sufficiently far away to not raise land use compatibility concerns related to the school. The
other recommendations from the Police Chief have been included as recommended
conditions of approval.
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Findings
A Conditional Use Permit is required prior to initiation of a tattoo and body piercing land
use in the CPD zone. The review of the tattoo and body piercing establishment is a land
use matter, where the application is reviewed by the Planning Commission through a public
hearing process to determine if the proposed land use is compatible with adjacent land
uses. A Conditional Use Permit is not allowed as a matter of right, but is subject to site
plan and architectural review and may be approved, conditionally approved, or denied.
Prior to approving, conditionally approving, or denying an application for a Conditional Use
Permit, the Planning Commission shall adopt written findings, by resolution, based upon
substantial evidence in view of the whole record to justify the decision. In order for a
Conditional Use Permit to be approved, the Planning Commission needs to find that:
• The proposed use is consistent with the provisions of the General Plan,
Zoning Ordinance, and any other applicable regulations;
• The proposed use is compatible with both existing and permitted land uses in
the surrounding area;
• The proposed use is compatible with the scale, visual character, and design
of surrounding properties;
• The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses; and
• The proposed use would not be detrimental to the public health, safety,
convenience, or welfare.
After reviewing the proposed Conditional Use Permit application, staff has determined that
the tattoo and body piercing use of the existing vacant tenant space as proposed, with the
recommended conditions of approval, meets the findings for approval as outlined below:
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.
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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.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: August 6, 2010
Planning Commission Action Deadline: November 4, 2010
City Council Action Deadline: Not applicable
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
:comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
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Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2010- approving Conditional Use Permit No. 2010-05
subject to conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (Under Separate Cover)
A. Campus Plaza Site Plan
B. Standard Office Lease Floor Plan
C. Floor Plan (Clear Vision Tattoo)
4. Draft PC Resolution with Conditions of Approval
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Location Map
Conditional Use Permit No. 2010-05
6591 Collins Drive (inside Campus Plaza shopping center)
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Aerial Photograph
Conditional Use Permit No. 2010-05
6591 Collins Drive (inside Campus Plaza shopping center)
PROJECT EXHIBITS
A. Campus Plaza Site Plan
B. Standard Office Lease Floor Plan
C. Floor Plan (Clear Vision Tattoo)
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
RESOLUTION NO. PC-2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2010-05 TO ALLOW A
TATTOO, COSMETIC TATTOO, AND BODY PIERCING
ESTABLISHMENT AT 6593 COLLINS DRIVE, SUITE D1B, ON
THE APPLICATION OF RICHARD SUTHERLAND
WHEREAS, at a duly noticed public hearing on September 28, 2010, the
Planning Commission considered Conditional Use Permit (CUP) No. 2010-05 on the
application of Richard Sutherland for a tattoo, cosmetic tattoo, and body piercing
establishment at 6593 Collins Drive, Suite D1B; and
WHEREAS, at its meeting of September 28, 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
PC ATTACHMENT 4
Resolution No. PC-2010-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2010-05
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 Commercial Planned Development Permit No.
2000-04 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. 2010-05, 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.
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Resolution No. PC-2010- _
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 met by the
applicant.
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.
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mar.pn seMDepartment Share■Community Development\DEV PMTS\C U P2010@010-05 Clear Vision Tattoo\Resolutions\PC Reso.doc