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HomeMy WebLinkAboutPlanning Commission Staff Report„ITT CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 June 6, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A TATTOO & BODY PIERCING STUDIO AT AN EXISTING CLOTHING STORE IN WESTFIELD PLAZA BONITA 2011-15 CUP 3030 Plaza Bonita Road, Suite 1326 564-471-07 Martin Reeder — Assistant Planner Scott Marchand & Tony Waterman Westfield Plaza Bonita Commercial Shopping Center (CSC-PD) 6.55 acres Residential across Sweetwater Rd and open space / CG-PD & RS-2 Single -Family Residential / County of San Diego (Bonita) Open space / City of Chula Vista Sweetwater River Flood Control Channel & 805 Freeway / OSR Not a project under CEQA 2 BACKGROUND Site Characteristics Westfield Plaza Bonita is located in the southeast corner of National City in the Commercial Shopping Center (CSC-PD) Zone. The project site is the ground floor of the mall at the northern end of Westfield Plaza Bonita. The suite is located next to the escalators in front of the interior Macy's entrance, in the original part of the mall. The suite is the location of 619 Underground Clothing, which sells t-shirts. Proposed Use The applicant is proposing to operate a tattoo and body piercing parlor within the existing clothing store. The use is proposed at the rear of the store in a room behind the clothing display area. The area would be accessible via a door in the back wall of the sales area. Although not yet constructed, the tattoo and piercing area would be 14 feet by 28 '/2 feet and be comprised of two separate operating areas, one for tattoos and one for piercing. The applicant is only proposing to offer body piercing 'from the waist up'. Analysis Under the current Land Use Code, a `tattoo parlor' is allowed under Use Group 19 — Goods and Services Other. This use group is allowed by right in several zones, but not in the CSC zone. Use Group 19 uses are only allowed in this zone with the issuance of a Conditional Use Permit. Tattoo parlors are further regulated by Chapter 9.54 of the National City Municipal Code. This section refers to the San Diego County Code of Regulatory Ordinances (Department of Health) as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the City. Condition No. 11 requires compliance with these regulations. Concerns with tattoo shops usually focus on community character, particularly in cases of concentration of such uses. There are currently no other tattoo shops in National City. In addition, the tattoo portion of the store would be located behind a wall at the rear of the sales area; the store is located in the older and less traveled part of the mall; and the business itself is within the mall building and not visible from the exterior. Although not traditionally found in shopping malls, tattoo businesses have been increasing in their presence at said locations. Westfield has tattoo businesses in at least four of their malls nationwide, including two in San Diego County (Westfield Mission Valley and Westfield Parkway Plaza. 3 The proposal is a standard commercial use in an existing regional shopping mall. The mall has adequate parking and access to arterial streets and freeway. Any increases in traffic due to the addition of tattoo and body piercing services would be negligible. Although not yet adopted, the new Land Use Code includes provisions for tattoo parlors. Specifically, they would be regulated as follows: • Shall not be located within one -mile of another such establishment. • Shall be located no less than 1,000 feet from a church, school, or playground. • Shall be no closer than 250 feet from a residential zone. • Shall not be located east of Interstate 805. • Shall require a CUP is required for all tattoo and body -piercing establishments. All of the above conditions would be met, with the exception of the business being located east of 1-805. The intent of this requirement is for commercial areas in the prominently residential eastern portion of the City, rather than Westfield Plaza Bonita, a regional shopping mall. In addition, the mall is separated from the rest of the City by State Route 54. However, as previously mentioned, the new Land Use Code is not yet in effect. Comments Comments were received from the Building Division and Fire Department. Comments pertain to current Building and Fire Codes as well as minimum clearances in ingress/egress areas and from fire equipment. Summary The proposed use of a portion of the applicant's business as a tattoo and body piercing studio is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal since the site is within an existing commercial center and parking is available on site. In addition, the use is currently allowed by right in other commercial and industrial zones throughout the City. Conditions of Approval will help to prevent any adverse impacts to neighboring uses or other mall operators. Furthermore, allowing tattoo and body piercing will allow the business to expand its services, thus increasing profitability and the chances for success in this uncertain economy. 4 RECOMMENDATION Approve 2011-15 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 14 property owners) 5. Site Photos 6. Exhibit A, Case File No. 2011-15 CUP, dated 4/7/2011 MARTIN REEDER MARYAM BABA Assistant Planner Development Services Director 5 RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a regional mall and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since tattoo and body piercing as an accessory use to a clothing store is not expected to increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with other commercial uses within other commercial zones of the City. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 6 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes tattoo and body piercing as an accessory use to a clothing store at Westfield Plaza Bonita. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-15 CUP, dated 4/7/2011. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 6. All exits shall meet Fire and Building Code requirements. At no time shall the rear exit and interior store hallway be blocked. The rear exit shall have a clear path to allow for required exiting into a fire -rated evacuation hallway. 7. Fire alarm and sprinkler control valves shall not be obstructed at any time. A minimum clearance of 30 inches wide by 78 inches high shall be maintained with clear access to all aisles to be required. 8. No storage is permitted to be stacked closer than 24 inches from the ceiling (a minimum of 18 inches below sprinkler heads). 9. No Fire Department Approval will be issued until existing "Fire Sprinkler and Fire Alarm" issues are resolved with "619 Underground Clothing". Planning 10.AII tattooing activities shall conform with Chapter 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the city of National City. 11. All tattooing and body piercing activities shall conform with Chapter 18.69 of the National City Land Use Code. 8