| Item No. 1. | |
| MEETING DATE: April 26, 2021 |
|
| TO: | PLANNING COMMISSION |
| FROM: | ROY N. RAMSLAND JR., PLANNING MANAGER By: Chris Schaefer, Senior Planner |
| VIA: | ANDREW HO, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT |
| SUBJECT: | DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR MODIFICATION 21-01 TO CONDITIONAL USE PERMIT 19-04 FOR A TATTOO PARLOR TO ADD BODY PIERCING SERVICES AT 336 NORTH HARBOR BOULEVARD |
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15301(a), Class 1 “Existing Facilities” of the California Environmental Quality Act Guidelines.
RECOMMENDATION:
That the Planning Commission approve:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING MODIFICATION 21-01 TO CONDITIONAL USE PERMIT 19-04 FOR A TATTOO PARLOR BY ADDING PIERCING SERVICES AT 336 NORTH HARBOR BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING MODIFICATION 21-01 TO CONDITIONAL USE PERMIT 19-04 FOR A TATTOO PARLOR BY ADDING PIERCING SERVICES AT 336 NORTH HARBOR BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
DISCUSSION:
The Applicant, Amusement LFP, LLC, is requesting approval to add piercing services to an existing tattoo parlor within a commercial suite at 336 North Harbor Boulevard. The existing tattoo parlor was approved via Conditional Use Permit 19-04 on April 22, 2019 by the Planning Commission. The property is located near the northeast corner of Harbor Boulevard and Stearns Avenue (see Vicinity Map, attachment 1). The General Plan land use designation for the site is Community Shopping Center. The property is zoned C-2 (Commercial) which is consistent with the General Plan.
The subject property is 2.4 acres in size and is developed with a 41,416 square foot commercial building with multiple storefronts. Parking is provided in two lots: the main lot located at the front of the building is accessible from Harbor Boulevard and from Stearns Avenue and a smaller lot is located at the rear of the building along an alley.
The existing tattoo parlor occupies a 781 square foot suite located in the center of the building and has been in operation for two years. The tattoo parlor provides body art for its customers who must be 18 years of age or older. The facility operates Monday through Sunday from 12:00 p.m. (noon) to 11:00 p.m. The facility will have up to eight employees, however, usually only four employees are in the location at one time as dictated by appointments. This arrangement is similar to a beauty salon where the stations are utilized at different / alternating times.
The tattoo parlor’s floor plan includes a lobby at the front of the unit, a reception area, nine workstations, and a unisex restroom (see Project Plans). When the business first opened, it had four workstations, however, is expanding to nine (eight tattoo workstations and one piercing workstation). The piercing station is located at the rear portion of the tenant space near the restroom.
Body piercing is being requested for consideration as part of this application. The piercing services offered include the following body parts: nose, ears, lips, tongue, and eyebrows. Similar to tattooing, piercing is subject to the regulations established by the California Safe Body Act of July 1, 2012, which was enacted to provide minimum statewide standards for the regulation of persons engaged in the business of body art in California. The regulations are intended to protect both the practitioner and the client from transmission of infectious diseases. The Act resides in the California Health and Safety Code Sections 119300-119328 which are enforced by the Orange County Health Care Agency.
The proposed piercing service is similar to another business that was previously approved by the Planning Commission. At the October 11, 1999 Commission meeting, Conditional Use Permit 99-10 was approved for a tattoo and body piercing business at 704 East Whittier Boulevard. The business has continuously been in operation since that time and staff is not aware of any issues associated with that business.
ANALYSIS
Pursuant to Section 18.06.040.A, a Conditional Use Permit CUP is require for the operation of a tattoo parlor. On April 22, 2019, the existing tattoo parlor was approved by the Planning Commission via Conditional Use Permit 19-04 (Resolution 19-10). At this time the applicant wishes to modify his CUP to add body piercing services. Body piercing, in conjunction with tattoos is typical in these kinds of facilities and would fall within the parameters of the CUP. The findings and conditions contained in Resolution 19-10 have been carried forward to the new resolution along with modifications to address the additional use. These findings are made as follows:
1. The granting of such Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The business operator will be required to comply with the California Health and Safety Code Sections 119300-119328 which are enforced by the Orange County Health Care Agency. The regulations are intended to protect both the practitioner and the client from transmission of infectious diseases.
The tattoo parlor is compatible with the mix of land uses contained within the City. The Planning Commission has approved similar uses in previous years, which have not caused any significant impacts to the surrounding properties. The subject business has been in operation for two years with no negative effect on the center or the adjoining neighborhood. Therefore, the approval of the tattoo parlor and the modification to permit piercing will not be detrimental to the public welfare
2. The subject site is physically suitable for the type of land use being proposed.
The proposal will not physically affect the site. The activities associated with the tattoo parlor will be conducted within the existing commercial suite. The facility will be required to comply with all Municipal Codes and Ordinances.
The required parking for the proposed mix of uses within the center is 147 spaces and 134 spaces exist on- site. However, pursuant to Section 18. 08. 120 of the La Habra Municipal Code (LHMC), the Director of Community and Economic Development may grant up to a 10% deviation of any code standard when deemed appropriate. The administrative waiver of 13 spaces represents a 10% deviation from code and would not adversely impact the shopping center. Additionally, 21 compact stalls exist on site, which are above the required parking requirement.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
La Habra Municipal Code Section 18.06.040 allows for the establishment of tattoo parlors with the approval of a Conditional Use Permit by the Planning Commission. Conditions have been applied requiring the business to comply with the Adult Use Ordinance.
4. The granting of this Conditional Use Permit will not adversely affect the Comprehensive General Plan.
The Land Use designation for the subject site is Corridor Mixed Use 1. Specifically, the project implements policy LU 11.1 (Diversity of Uses) of the General Plan 2035. Therefore, the granting of this Conditional Use Permit will not adversely affect the Comprehensive General Plan.
In addition to the findings, conditions of approval have been carried forward and modified from Resolution 19-10 as follows:
The subject property is 2.4 acres in size and is developed with a 41,416 square foot commercial building with multiple storefronts. Parking is provided in two lots: the main lot located at the front of the building is accessible from Harbor Boulevard and from Stearns Avenue and a smaller lot is located at the rear of the building along an alley.
The existing tattoo parlor occupies a 781 square foot suite located in the center of the building and has been in operation for two years. The tattoo parlor provides body art for its customers who must be 18 years of age or older. The facility operates Monday through Sunday from 12:00 p.m. (noon) to 11:00 p.m. The facility will have up to eight employees, however, usually only four employees are in the location at one time as dictated by appointments. This arrangement is similar to a beauty salon where the stations are utilized at different / alternating times.
The tattoo parlor’s floor plan includes a lobby at the front of the unit, a reception area, nine workstations, and a unisex restroom (see Project Plans). When the business first opened, it had four workstations, however, is expanding to nine (eight tattoo workstations and one piercing workstation). The piercing station is located at the rear portion of the tenant space near the restroom.
Body piercing is being requested for consideration as part of this application. The piercing services offered include the following body parts: nose, ears, lips, tongue, and eyebrows. Similar to tattooing, piercing is subject to the regulations established by the California Safe Body Act of July 1, 2012, which was enacted to provide minimum statewide standards for the regulation of persons engaged in the business of body art in California. The regulations are intended to protect both the practitioner and the client from transmission of infectious diseases. The Act resides in the California Health and Safety Code Sections 119300-119328 which are enforced by the Orange County Health Care Agency.
The proposed piercing service is similar to another business that was previously approved by the Planning Commission. At the October 11, 1999 Commission meeting, Conditional Use Permit 99-10 was approved for a tattoo and body piercing business at 704 East Whittier Boulevard. The business has continuously been in operation since that time and staff is not aware of any issues associated with that business.
ANALYSIS
Pursuant to Section 18.06.040.A, a Conditional Use Permit CUP is require for the operation of a tattoo parlor. On April 22, 2019, the existing tattoo parlor was approved by the Planning Commission via Conditional Use Permit 19-04 (Resolution 19-10). At this time the applicant wishes to modify his CUP to add body piercing services. Body piercing, in conjunction with tattoos is typical in these kinds of facilities and would fall within the parameters of the CUP. The findings and conditions contained in Resolution 19-10 have been carried forward to the new resolution along with modifications to address the additional use. These findings are made as follows:
1. The granting of such Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The business operator will be required to comply with the California Health and Safety Code Sections 119300-119328 which are enforced by the Orange County Health Care Agency. The regulations are intended to protect both the practitioner and the client from transmission of infectious diseases.
The tattoo parlor is compatible with the mix of land uses contained within the City. The Planning Commission has approved similar uses in previous years, which have not caused any significant impacts to the surrounding properties. The subject business has been in operation for two years with no negative effect on the center or the adjoining neighborhood. Therefore, the approval of the tattoo parlor and the modification to permit piercing will not be detrimental to the public welfare
2. The subject site is physically suitable for the type of land use being proposed.
The proposal will not physically affect the site. The activities associated with the tattoo parlor will be conducted within the existing commercial suite. The facility will be required to comply with all Municipal Codes and Ordinances.
The required parking for the proposed mix of uses within the center is 147 spaces and 134 spaces exist on- site. However, pursuant to Section 18. 08. 120 of the La Habra Municipal Code (LHMC), the Director of Community and Economic Development may grant up to a 10% deviation of any code standard when deemed appropriate. The administrative waiver of 13 spaces represents a 10% deviation from code and would not adversely impact the shopping center. Additionally, 21 compact stalls exist on site, which are above the required parking requirement.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
La Habra Municipal Code Section 18.06.040 allows for the establishment of tattoo parlors with the approval of a Conditional Use Permit by the Planning Commission. Conditions have been applied requiring the business to comply with the Adult Use Ordinance.
4. The granting of this Conditional Use Permit will not adversely affect the Comprehensive General Plan.
The Land Use designation for the subject site is Corridor Mixed Use 1. Specifically, the project implements policy LU 11.1 (Diversity of Uses) of the General Plan 2035. Therefore, the granting of this Conditional Use Permit will not adversely affect the Comprehensive General Plan.
In addition to the findings, conditions of approval have been carried forward and modified from Resolution 19-10 as follows:
- Standard Condition 4.24 TRASH ENCLOSURE - this condition was previously completed, therefore it was not carried forward.
- Project Specific Condition 3 - the original condition prohibited piercings, and was therefore removed from the new resolution.
- Project Specific Condition 6 - the original condition was modified to include piercings and prohibit them on "anatomically specified area" as defined in the adult use ordinance.
- Project Specific Condition 7 - the original condition required the repair of the parking lot, which was completed and therefore not carried forward.
FISCAL IMPACT/SOURCE OF FUNDING:
There is no impact to the City's General Fund.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
The proposal has been reviewed pursuant to the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since the proposal disturbs no soil, this project is exempted by the Water Quality Ordinance from the preparation of a Non-Priority Plan.
GENERAL PLAN RELEVANCE:
The project implements policies, LU 11.1 (Diversity of Uses) of the General Plan 2035.
Attachments
- 1. Vicinity Map
- 2. Resolution
- 3. Site Plan
- 4. Floor Plan
- 5. Application
- 6. Resolution 19-10
- 7. Minutes dated 4-22-19
- 8. Presentation