PC12-115Resolution PC12-115
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT NO. 2012-025
Whereas, in February 16, 2012, the applicant, Warren Klure, filed a formal
application with the City of Menifee allow the use for a tattoo establishment at 29800
Bradley Road; and,
Whereas, on June 12, 2012, the Planning Commission held a duly noticed public
hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents for Conditional Use Permit No. 2012-025, which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 500 feet of the Project boundaries,
and to persons requesting public notice; and,
Whereas, at the June 12, 2012 Planning Commission public hearing, the
Commission found that:
Consistency with the General Plan. The conditional use permit is consistent with
the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs.
The proposed use is consistent with General Plan Policy LU 3.1 a.
"Accommodate communities that provide a balanced mix of land uses, including
employment, recreation, shopping and housing." The tattoo establishment use
provides a unique service within the Bradley Business and Auto Center and will
contribute to providing a diverse mix of land uses. The proposed commercial
project for a tattoo studio is consistent with the existing General Plan land use
designation of General Commercial.
The proposed general plan land use is Economic Development Corridor pursuant
to the City of Menifee Draft Land Use Map approved by the City Council in
March. The intent of the designation is to designate areas where a mixture of
residential, commercial, office, industrial, entertainment, educational and/or
recreational uses, or other uses is planned. In general, areas designated as
EDC are envisioned to develop primarily as nonresidential uses with residential
uses playing a supporting role. The project is surrounded to the north, south and
west by other properties designated for EDC. Some of the properties contain
existing commercial uses. The proposed project, to allow a tattoo studio within
an existing shopping center, would not be inconsistent with the proposed land
use. The entitlements for the shopping center were approved in 1998 by the
County of Riverside and the center was constructed shortly thereafter. The
project is for a commercial use within the shopping center; therefore, the project
is consistent with promoting commercial uses within the land use designation.
The project is consistent with the existing general plan land use and there is a
reasonable possibility that the project will be consistent with future general plan
and; therefore, shall not interfere with the future adopted general plan, including
a housing element that is consistent with the state housing element law.
Resolution No PC12-115
CUP 2012-025
June 12, 2012
2. Consistency with the Zoning Code.
The proposed tattoo studio is allowed within the Scenic Highway Commercial
zone pursuant to Ordinance 2012-104. The project is consistent with the
setbacks as described below:
+ rA.. ?ta�aF"l
500 feet to any other tattoo
YES — No other tattoo establishments
establishment or within the same
exist in the City
center
500 feet to any use which involves
YES — The site does not contain a use
the sale or consumption of alcohol
that allows for the sale of alcohol for
on -site license
onsite consumption
500 feet to the nearest doorway of:
YES —
1. Public or private school,
1. 524 feet from tattoo studio suite to
doorway of Newport Child
Development Center (private
school)
2. Church, or
2. 625 feet to Church of Jesus Christ of
LDS
3. Public or private park or
3. 531 feet to door of playground of the
playground
private school
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The use allowed by this conditional use permit is compatible with and provides
adequate buffering of adjoining uses. The proposed project is going within an
existing shopping center and is surrounded by existing commercial uses. The
vacant property to the south of the site is designated for commercial uses and
the future commercial uses would be consistent with the proposed project. The
residential uses to the east of the site are separated from the shopping center by
a street (Via Naravilla). The shopping center, including the tattoo studio, does
not front this street and is oriented to face Bradley Road, not the residential uses.
There are no signs along the back of the building facing the residences and there
is landscape screening which includes shrubs and trees. There is also no back
door/loading area in the rear of the building where people could congregate.
Therefore, the addition of this use in the shopping center will be indistinguishable
from the other uses in the center. The use will not be incompatible with the
character of the city and its environs due to noise, dust, or odors.
Conditions of approval have been added to the project to regulate hours of
operation, type of floor and work surfaces; compliance with State laws, disposal
of needles; prohibition on alcoholic beverages and other health and safety
requirements.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
Resolution No PC12-115
CUP 2012-025
June 12, 2012
The proposed use has been determined to be Categorically Exempt (Class I —
Existing Facilities) under the California Environmental Quality Act (CEQA) and
CEQA Guidelines because it will be occupying an existing structure and will
involve no expansion of the use beyond that existing at the time of the City's
determination.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
The Findings set out above are true and correct.
2. Conditional Use Permit No. 2012-025, is approved subject to the
Conditions of Approval as set forth in Exhibit 1" to this Resolution and as
approved by the Planning Commission on June 12, 2012.
PASSED, APPROVED AND ADOPTED THIS 121h DAY OF JUNE 2012.
1
Bill Zimmer an, C air
ATTEST:
J�d,nifer Allen, Planning Commission Secretary
Approved as to form:
John V. Denver
Mayor
Thomas Fuhrman
Mayor Pro Tem
Wallace W. Edgerton
Councilmember
Darcy Kuenzi
Councilmember
Sue Kristjansson
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC12-115 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
121h day of June, 2012 by the following vote:
Ayes:
Liesemeyer, Matelko, Thomas, Warren, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
Je ifer Ilen, Planning Commission Secretary
City of Menifee
29714 Haun Road
Menifee, CA 92586
Conditions of Approval for Minor Conditional Use Permit No. 2012-025
"Chavez Tattoo Studio"
General Conditions
Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Minor Conditional Use Permit No. 2012-025 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Minor Conditional Use Permit No. 2012-025,
dated May 10, 2012.
2. Description. Minor Conditional Use Permit No. 2012-025 proposes to allow for a
tattoo establishment at 29800 Bradley Road within an 820 sq. ft. suite at the Bradley
Business and Auto Center. The hours of operation proposed are Monday through
Thursday 12:00 pm to 8:00 pm. Friday through Sunday 10:00am to 9:00 pm. The
business could accommodate up to five (5) tattoo artists.
3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold
harmless, the City and County and any agency or instrumentality thereof, and/or any
of its officers, employees and agents (collectively the "City and County") from any
and all claims, actions, demands, and liabilities arising or alleged to arise as the
result of the applicant's performance or failure to perform under this conditional use
permit or the City's and County's approval thereof, or from any proceedings against
or brought against the City or County, or any agency or instrumentality thereof, or
any of their officers, employees and agents, to attack, set aside, void, annul, or seek
monetary damages resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including
actions approved by the voters of the City, concerning Minor Conditional Use Permit
No. 2012-025.
4. 90 Days to Protest. The project developer has 90 days from the date of approval of
these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of this
approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated on
October 1, 2008; the City is studying and adopting its own ordinances, regulations,
Conditions of Approval
Minor CUP No. 2012-025
Chavez Tattoo Studio
procedures, processing and development impact fee structure. In the future the City
of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees may
include but are not limited to processing fees for the costs of providing planning
services when development entitlement applications are submitted, which fees are
designed to cover the full cost of such services, and development impact fees to
mitigate the impact of the development proposed on public improvements. To the
extent that Menifee may develop future financing districts to cover the costs of
maintenance of improvements constructed by development, Developer agrees to
petition for formation of, annexation to or inclusion in any such financing district and
to pay the cost of such formation, annexation or inclusion.
The developer acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
6. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At the time
the City incorporated it was required to accept all the laws and ordinances of the
County of Riverside. Over time the City will change these ordinances either by name
or content. The applicant or successor in interest of this project will be subject to
ordinances of the City of Menifee and not those of the County of Riverside that the
City has jurisdiction over. Therefore, any condition of approval listed in this project
that references a County of Riverside Ordinance, will in fact be subject to the
equivalent City ordinance or subsequent ordinance introduced by the City. The
applicant or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all terms
and conditions of Plot Plan No. 15111 and Conditional Use Permit No. 3398
(Riverside County approval of the entire shopping/business and auto center).
8. Expiration. This approval shall be used within two (2) years of the approval date;
otherwise, it shall become null and void and of no effect whatsoever. By use is meant
the beginning of substantial construction contemplated by this approval within two (2)
year period which is thereafter diligently pursued to completion or to the actual
occupancy of existing buildings or land under the terms of the authorized use. Prior
to the expiration of the two year period, the permittee may request a one (1) year
extension of time in which to begin substantial construction or use of this permit.
Should the one year extension be obtained and no substantial construction or use of
this permit be initiated within three (3) years of the approval date this permit, shall
become null and void.
9. Comply with Ordinances. The development of these premises shall comply with
the standards of Menifee Municipal Code, Ordinance No. 348, Riverside County
Ordinance No. 907 and all other applicable ordinances and State and Federal codes,
including but not limited to California Penal Code Section 653 which prohibits
tattooing individuals under the age of 18, and Penal Code Section 652 which
prohibits body piercing on minors without a parent's consent as specified in that
section.
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Conditions of Approval
Minor CUP No. 2012-025
Chavez Tattoo Studio
10. Building and Safety. Compliance with Department of Building and Safety directives
and all required permits shall be obtained prior to establishment or continuation of
the use.
11. Causes for Revocation. In the event the use hereby permitted under this permit, a)
is found to be in violation of the terms and conditions of this permit, b) is found to
have been obtained by fraud or perjured testimony, or c) is found to be detrimental to
the public health, safety or general welfare, or is a public nuisance, this permit shall
be subject to the revocation procedures.
12. Ceased Operations. In the event the use hereby permitted ceases operation for a
period of ninety (90) consecutive calendar days unless such cessation is due to
natural disaster, in which case the expiration period for non-use shall be one (1)
year, this approval shall become null and void.
13. Business Licensing. Every person conducting a business within the City of Menifee
shall obtain a business license as required by the Menifee Municipal Code. For more
information regarding business registration, contact the City Clerk.
12. Additional Review. Any expansion or intensification of the use will require review of
the use permit.
13. No Permanent Occupancy. No permanent occupancy shall be permitted within the
property approved under this conditional use permit as a principal place of residence.
No person shall use the premises as a permanent mailing address nor be entitled to
vote using an address within the premises as a place of residence.
14. Maintenance of Premises.
a. The Body Art Facility shall be well ventilated and have adequate lighting.
b. All walls, ceilings and floors in the Body Art procedure area shall be made of am
smooth, nonabsorbent and nonporous material that is easily cleanable and can
be maintained in a sanitary manner at all times.
c. All hand sinks in the Body Art Facility shall have hot and cold running water, and
liquid soap and disposable paper towels, in permanently mounted dispensers.
d. Adequate toilet facilities shall be provided.
e. Hand Washing sinks with hot and cold running water, liquid soap and disposable
paper towels in permanently mounted dispensers must be located in rooms with
toilets or toilet vestibules.
f. Adequate, cleanable, covered trash receptacles lined with plastic bags shall be
provided at each workstation for disposal of trash and contaminated single use
items. Receptacles at the workstations shall be emptied daily, at minimum, and
kept clean.
g. Solid waste, meaning waste other than contaminated sharps waste, which
includes but is not limited to gloves, gauze, wipes, tissues and used pigments
during Body Art procedures, shall be placed in plastic bags, securely tied and
disposed of daily in a trash container that prevents unauthorized access. This
material shall be transported by a licensed solid waste hauler to an approved
landfill or transfer station.
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Conditions of Approval
Minor CUP No. 2012-025
Chavez Tattoo Studio
h. All permitted Body Art Facilities generating contaminated sharps waste must
dispose of this waste in accordance with the California Health and Safety Code,
Division 104, Section 117600-118360 (Medical Waste Management Act).
15. Alcoholic Beverages. No alcoholic beverages shall be served, sold or consumed in
the tattoo establishment.
FEES
16. Subsequent Submittals and Fees. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or
other such review fee as may be in effect at the time of submittal, as required by
Ordinance No. 671. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply with.
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
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