county of sacramento california

COUNTY OF SACRAMENTO
CALIFORNIA
Control No.: PLNP2011-00150
Type: UPP
TO:
COUNTY PLANNING COMMISSION
FROM:
COMMUNITY PLANNING AND DEVELOPMENT DEPARTMENT
SUBJECT:
CENTURY PLAZA USE PERMIT
CONTACT: Carol Gregory, Planner III, (916) 874-5458; [email protected]
PROJECT DESCRIPTION
ASSESSOR’S PARCEL NO.:
285-0050-016-0000
LOCATION:
The property is located at 1537 Howe Avenue, on the west side of Howe
Avenue, approximately 750 feet south of Arden Way, in the Arden Arcade
community. (Supervisor District 3: Susan Peters)
APPLICANT:
OWNER:
Queen of Arts Tattoo and Piercing Studio
9215 Fruitridge Road, #1
Sacramento, CA 95826
Attention: Amber Barajas
Howe Avenue Holdings LLC
150 Pelican Way
San Rafael, CA 94901
Attention: Robert Atkinson
OTHER:
SyWest Development
150 Pelican Way
San Rafael, CA 94901
Attention: Robert Atkinson
REQUEST:
A Use Permit to allow an existing approximately 1,000-square-foot tattoo
shop within an existing shopping center on approximately 2.20 acres in the
LC (Limited Commercial) and LC (F) (Flood Combining) zones.
ENVIRONMENTAL DOCUMENT:
EXEMPT
CENTURY PLAZA
PLNP2011-UPP-00150
285-0050-016-0000
Overview:
The proposed project consists of a request to allow an existing tattoo shop within an existing
shopping center located at 1537 Howe Avenue in the Arden Arcade community area.
Summary of Significant Issues:
No significant issues have been identified at the time of this writing.
CPAC Recommendation:
The Arden Arcade Community Planning Advisory Council (CPAC) met on October 11, 2011
and recommended APPROVAL (4-0) of the proposed project. The Council has no concerns or
comments and adjoining business and property owners have expressed support regarding the
proposal.
Recommendations:
Staff is recommending APPROVAL of the proposed project.
I.
II.
III.
IV.
V.
Location Map
Project Analysis
Staff Recommendations
Attachments
Exhibits
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I.
LOCATION MAP
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II.
PROJECT ANALYSIS
A. Adjacent Land Uses and Zoning:
Existing Land Use
Subject Property
North
South
East
West
Shopping Center
Shopping Center
Car Sales
Motel (across Howe Avenue)
Theater
Zoning and Community
Plan Designations
LC/LC(F)
LC
AC/AC(F)
LC/LC(F)
LC/LC(F)
B. History/Background: County records dating back to the 1950s indicate that the subject
parcel was zoned R-3 (Multiple Family Residential) and R-A (Suburban Residential).
The subject parcel was rezoned to C-1 (Limited Commercial) in the late 1950s. As a
result of the Arden Arcade Zoning Consistency Hearings, the subject parcel was
rezoned to its current LC zoning designation by the Board of Supervisors on November
6, 1980 (ZMA #4089; SZC 80-70). The south and southeastern portion of the subject
parcel was included with the (F) Flood Combining zoning designation on July 31, 1980
as a result of the Natural Streams Zoning Consistency Hearings (SZC80-56). The
Zoning Administrator approved a Use Permit to allow a moped sales operation on the
subject parcel on August 29, 1979 (Control No. 1979-UP-926). The proposed project
was submitted to the Community Planning and Development Department, Planning
Division, on September 7, 2011.
C. Project Description: The applicant is requesting a Use Permit to allow an existing
approximately 1,000 square foot tattoo shop within an existing shopping center on
approximately 2.20 acres in the LC (Limited Commercial) and LC (F) (Flood
Combining) zones. A Use Permit is required for a tattoo shop when located in the LC
zone, pursuant to Sacramento County Zoning Code Section 225-11(D)(13). The
existing tattoo shop, known as Queen of Arts Tattoo Shop and Piercing, has been
operating within the Century Plaza Shopping Center for over a year and was previously
granted a business license by the County. The Century Plaza Shopping Center has a
total of twelve (12) suites on the property for retail lease, along with associated
landscaping and parking. Chicken Ranch Slough is located along the south and
southeastern portions of the property and designated with the (F) Flood Combining
Zone. The existing tattoo shop is not located within the (F) Flood Combining zone
portion of the site. Access to the proposed project site’s existing shopping center is
provided by a driveway off of Howe Avenue at the northeast portion of the property.
D. Surrounding Land Uses/Neighborhood Compatibility: As mentioned in Section C:
Project Description, of this staff report, the Century Plaza Shopping Center is located
on the proposed project site with approximately twelve (12) suites for lease of retail
type uses. Along with the tattoo shop, other tenants within the shopping center are hair
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and nails salons (two businesses), café/restaurants (three businesses), a jewelry store, a
credit union, a pet care store, and a shoe repair store. To the north of the proposed
project site is the Howe bout Arden Shopping Center, to the west is the Century Plaza
Theatres, to the south is a car sales business, and to the east across Howe Avenue is a
motel. The majority of land uses within the 500-foot radius of the proposed project site
are retail/commercial uses, with the exception of an office use located to the southwest
of the property and a multi-family residential use located southeast of the property
across Howe Avenue. The tattoo shop is compatible with the surrounding
neighborhood in that it is located along a major thoroughfare in the Arden Arcade
community where retail and commercial establishments are the primary land uses.
Additionally, according to a business owner who wrote a letter of support regarding the
proposed project, many tattoo and piercing shops are limited in the Arden Arcade area
and tend to be located in downtown Sacramento or other communities within the
Sacramento area. Thus, the tattoo shop has become an asset to the neighboring
businesses and surrounding properties within the community area as discussed further
in Section F: Community Outreach, of this staff report.
E. Development Standards: The proposed project site is an existing shopping center and
meets the development standards for LC (Limited Commercial) zoning in regards to
front, side, and rear yard setbacks, building height, number of parking spaces, and size
and amount of landscaping along the front yard area and within the parking lot. The
existing tattoo shop also has an approximately 19.51-inch x 172.3- inch sign with the
words “Queen of Arts” located on the façade of the shopping center fronting the
business. This signage meets the Sacramento County Zoning Code signage
requirements for Commercial zoning.
F. Community Outreach: It is Sacramento County policy to encourage applicants to
conduct community outreach for projects prior to or concurrent with the filing of a
planning application, and to provide a written description of the outreach.
The applicant met with individual neighboring businesses within the Century Plaza
Shopping Center to advise them of the submittal of the Use Permit application to the
County for the continued operation of the existing tattoo shop within the center. Letters
of support were submitted with the Use Permit application from three (3) businesses
within the Century Plaza Shopping Center, one (1) business from the adjacent Howe
Bout Arden Shopping Center, one (1) business owner who patronizes the tattoo shop,
and one (1) customer. All the letters of support submitted were supportive of the
existing tattoo shop, stating that the business was a professional, respectable, wellmaintained, safe, and clean establishment which brings new clientele into the
community that would likely not shop in the area unless the tattoo shop was located
there. Additionally, the letters of support state that applicant has supported businesses
in the immediate area by participating in local business events and customer
appreciation events sponsored by the adjacent Howe Bout Arden Shopping Center. The
applicant also supports local artists in the community by displaying their artwork in the
business free of charge. Property owners within the 500-foot radius of the proposed
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project site were also notified of the proposal’s review by the Arden Arcade
Community Planning Advisory Council (CPAC). The Council members recommended
approval of the proposed project and no property owners were in attendance with
opposition to the proposal. With the neighborhood outreach conducted by the applicant
and the tattoo shop being a well-respected business within the shopping center, there is
no neighborhood opposition regarding the proposed project.
III. STAFF RECOMMENDATIONS
The request is consistent with the County General Plan, the Arden Arcade Community
Plan, and Sacramento County Zoning Code requirements for Commercial zoned properties.
The tattoo shop is compatible with the surrounding neighborhood in that it is located along
a major thoroughfare in the Arden Arcade community where retail and commercial
establishments are the primary land uses. The tattoo shop has been in operation within the
existing shopping center for over one-year and has been an asset to the neighboring
businesses and surrounding properties with no nuisance complaints. Surrounding
businesses and patrons have expressed support for the tattoo shop, stating that it is a
professional, safe, and clean operation that has brought new customers to the community.
For these reasons, staff recommends APPROVAL of this proposal.
A.
B.
Recommended Actions:
1.
Environmental Documentation: Recognize the EXEMPT status of the request
under Section 15301, Class 1 and Section 15305, Class 5.
2.
Use Permit: APPROVE the entitlement to allow an existing approximately
1,000 square foot tattoo shop within an existing shopping center on
approximately 2.20 acres as requested, subject to the findings listed in Section
III.B and the conditions listed in Section III.C of this report.
3.
Mitigation Monitoring and Reporting Program: None.
Recommended Findings: The staff recommendations are based upon the following
considerations:
1.
The request is consistent with the County General Plan Map Commercial and
Offices Designation and Text in that no policy conflicts have been identified.
2.
The request is consistent with the Arden Arcade Community Plan Map and
Text.
3.
The proposed development will conform to applicable Zoning Code regulations
Section 315-40 thru 315-51, Section 330-20, and Section 335-20.
4.
Staff has identified no effects from the proposal which would result in a
significant detrimental impact on adjoining or neighboring properties if the
conditions, as recommended by staff, are adopted.
5.
The granting of the Use Permit will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, morals, comfort, or
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general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the County in that:
C.
a.
The tattoo shop is compatible with the surrounding neighborhood in that it
is located along a major thoroughfare in the Arden Arcade community
where retail and commercial establishments are the primary land uses.
b.
The tattoo shop has been in operation within the existing shopping center
for over one-year and has been an asset to the neighboring businesses and
surrounding properties with no nuisance complaints.
c.
Surrounding businesses and patrons have expressed support for the tattoo
shop, stating that it is a professional, safe, and clean operation that has
brought new customers to the community.
Recommended Conditions: Any approval of the Use Permit shall be subject to the
following conditions:
1.
The final development plans shall be in substantial compliance with
Exhibits “1” (Site Plan), “2” (Floor Plan), and “3” (Existing Signage
Dimensions). (Sacramento County Community Planning and Development
Department)
2.
This action does not relieve the applicant of the obligation to comply with all
ordinances, statutes, regulations and procedures. Any required subsequent
procedural actions shall take place within 36 months of the date on which the
permit became effective or this action shall automatically be null and void.
(Sacramento County Community Planning and Development Department)
3.
The applicant is required to be registered as a tattoo artist with the Sacramento
County’s Environmental Management Department (EMD). Contact Cheryl
Hawkins at (916) for more information. (Sacramento County Environmental
Management Department – EMD)
4.
The property is currently connected to public sewer. Sewer service shall
continue to be provided by SASD infrastructure to the existing sewer service
lateral. Required modifications, if any, shall be to the satisfaction of SASD.
SASD Design Standards apply to any sewer construction and/or modification.
(Sacramento Area Sewer District)
5.
Additional sewer impact fee may be required and if required, must be paid
before issuance of the building permit. Contact PSU at (916) 876-6100 for
further information on sewer impact fee. (Sacramento Area Sewer District)
IV. ATTACHMENTS
A.
Context Photos
B.
CPAC Referral
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V.
EXHIBITS
1.
Site Plan
2.
Floor Plan
3.
Existing Signage Dimensions
This staff report was prepared on November 4, 2011.
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Attachment A
CONTEXT
PHOTO
NO.
A-1
DESCRIPTION: Photo of the existing tattoo shop located
within the shopping center on-site. Direction of the photo
is toward the southwest.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-2
DESCRIPTION: Photo of the existing shopping center
and parking lot area on the proposed project site.
Direction of the photo is toward the southwest.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-3
DESCRIPTION: Photo of the existing shopping center
and parking lot area on the proposed project site.
Direction of the photo is toward the south.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-4
DESCRIPTION: Photo of Howe Avenue from the
proposed project site. Direction of the photo is toward the
south.
CONTROL #
PLNP2011-UPP-00124
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-5
DESCRIPTION: Photo of the signage for the existing
shopping center along Howe Avenue with a concrete lined
drainage channel (Chicken Ranch Slough) behind the
signage. Direction of the photo is toward the south.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-6
DESCRIPTION: Photo of Howe Avenue and the access
driveway entering/exiting the proposed project site.
Direction of the photo is toward the northeast.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-7
DESCRIPTION: Photo of the interior area of the existing
tattoo shop. Direction of the photo is toward the
southwest.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
Attachment A
CONTEXT
PHOTO
NO.
A-8
DESCRIPTION: Photo of the interior area of the existing
tattoo shop. Direction of the photo is toward the south.
CONTROL #
PLNP2011-UPP-00150
PARCEL # 285-0050-016
DATE: October 24, 2011
CPAC Referral
ATTACHMENT B