HomeMy WebLinkAboutRES PC 2012 577 2012 1127 RESOLUTION NO. PC-2012-577
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2012-06 TO ALLOW A TATTOO
AND COSMETIC TATTOO ESTABLISHMENT AT 300 LOS
ANGELES AVENUE, SUITE 306, ON THE APPLICATION OF
DAVID DOMINGUEZ (SUGAR FREE TATTOO)
WHEREAS, at a duly noticed public hearing on November 27, 2012, the Planning
Commission considered Conditional Use Permit (CUP) No. 2012-06 on the application
of David Dominguez for a tattoo and cosmetic tattoo establishment at 300 Los Angeles
Avenue, Suite 306; and
WHEREAS, at its Meeting of November 27, 2012, 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 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 cosmetic tattoo
establishment will provide additional personal services in the commercial center
that already has retail, service, and restaurant 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 establishments
within the center.
Resolution No. PC-2012-577
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 the 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, and restaurant 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. 2012-06 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, Hamous, Vice Chair Gould, and
Chair Landis
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 27th day of November, 2012.
/ , ,
Kipp :n:is, Chair
- / e r4../#4.//i, , . 7 ,
David . Bobardt, Community Development Dire. or
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2012-577
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2012-06
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. 1047 as
amended 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. 2012-06, 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-2012-577
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 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. Tattooing or piercing private areas of the body shall only be conducted in areas
not visible to the general public or other customers.
8. 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.
9. 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.
10. 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.
11. 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.
12. Pursuant to California Penal Code Section 653, nobody on the premises may
conduct or offer tattooing on juveniles under the age of 18 years.
13. 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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