NO. 3 - City of Laguna Beach
Transcription
NO. 3 - City of Laguna Beach
CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT AGENDA ITEM: NO. 3 - CONSENT TO: PLANNING COMMISSION CASE: Conditional Use Permit 07-44 APPLICANT: Veronica Nouel LOCATION: 8 13 Laguna Canyon Road ENVIRONMENTAL STATUS: Categorically Exempt, Class 1 PREPARED BY: Wendy Jung, Assistant Planner DATE: 10124107 REQUESTED ACTION: The applicant requests approval to establish and operate a retail home dtcor and furnishings store specializing in unique accessories and furniture made by artisans and imported from Latin America, at 8 13 Laguna Canyon Road. BACKGROUND: The proposed project site is located within the Civic Art District of the Downtown Specific Plan. The 712 square-foot tenant space is located within a multi-use facility (Bartlett Center) and was previously occupied by a temporary custom furniture design and sales studio and construction office use until March 30, 2000. Prior to the adoption of the Downtown Specific Plan, the suite was occupied by Alvarez studio gallery. Parking at the site is legal, nonconforming with no intensification of use proposed. STAFF ANALYSIS: According to the applicant the proposed use is a retail store offering unique home accessories and home furnishing details by Latin American artists and artisans. The imported merchandise would include pieces made using modem and ancient techniques and made from the following materials, but not limited to fine woods, clay, gold, bronze, silver and iron. The applicant indicates these are one-of-a-kind or numbered, limited edition artistic pieces. Approximately 90% of the merchandise will be home accessories including, but not limited to candleholders, vases, trays, plates, lamps, mirrors and wall art. The remaining 10% will be artistic furniture pieces including, but not limited to tables, credenzas, chairs and china cabinets. Examples of the types of merchandise are included in Exhibit A and a color brochure is available for review in the project file located at the Community Development Department. The proposed hours of operation are 9:00 a.m. to 9:00 p.m., Monday through Sunday. According to the Downtown Specific Plan, the purpose of the Civic Art District is to link the festival areas with the downtown shopping area through a mix of civic, cultural, social and recreational facilities and the land use emphasis is to be on resident- and visitor-serving uses that Conditional Use Permit 07-44 October 24,2007 Page 2 are compatible with the art festivals. Staff believes the proposed retail would complement the art festivals in that the proposed use would provide a unique, international retail experience. The use is consistent with the goals and policies of the Downtown Specific Plan in that it will maintain the balance of resident- and visitor-serving uses and contribute to the diversity and character of the downtown. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 07-44, subject to the conditions in the attached resolution. ATTACHMENTS: Exhibit A: Application Exhibit B: Location MapISite Plan Resolution F ' c ~ v~ ~ E C It- CITY OF LAGUNA BEACH h. CONDITIONAL USE PERMIT r , i ~ ~ i ~ ~ ~ ~ n a k ? e ~ CSee h reverse side for filing instructions SEP 2 6 2001 D!anni,~gDivision L Oi) PROPERTY OWNERIAPPLICANTINFORMATION: Address 11. CUP Number %g -GI W CA 0a>bk72882 PROPERTY INFORMATION: ~ocation 813 )A&JJS Assessor Parcel Number b f ~ A ~ R~ O A R 13 Suite 1-314 3 ' CurrentlPreviousUse Building/Suite Square Footage 111. PROPOSED USE: L Briefly describe the specific use(s) proposed. Include information about proposed merchandise and services, menu items, pro~osed business hours, etc. PQ-t ~ ~a 9 G\9k96ubxSs . Pi-3 cc-rr,x4 oc i 4 G g a D U 418 ~ 5 u3r 9 c e b ~ - & D f i z c a WY3W BY LbSr4 P*tZ4Pk4 hrCnS614S.% ! , Q ~ Z & r ~ - ~ q n K L E I Similar Businesses Owned or Operated by the A p p 1 i c a u t : k i E yzbdbkZf2- @-4 CWAda6 IV. EBp- 'L a& JUSTIFICATION: 1. Is this site appropriate for the proposed use in terms of size, parking, storage, lrash, etc.? '66 , T f 2. i s ~ \, A k4 pdW,i5 ~ Does this site have adequate street access and on-site parking to handle the -c sa V. L o\& piers,. AFFIDAVIT: ation contained in this application is, generated by the proposed use? SEP 2 6 zoo? City of Lag;. Business Description Pl~ri~iflg L,. . . ,. Casa C a r o ~is a start-up retail enterprise whose mission is to identify, procure and re-sale fine and unique home accessories and home furnishing details. The source of the artist and artisans is principally Latin America. Our intention is to bring the latest artistic trends in terms of home hrnishing, with pieces that are produced at a very small scale, using modem and ancient techniques and the finest materials, which include fine woods, clay, gold, bronze and silver, iron, among others. The pieces we will be importing are rare, high value ornaments that will cater to the most demanding tastes. These pieces are not mass produced, and some of them only exist in limited, numbered quantities. People seeking for individuality, value and exclusivity will find in our products great artistic pieces that fulfill these needs and that will enhance any environment. The majority of Casa Caroni's pieces will be candleholders, vases, trays and plates, lamps, mirrors, wall art, among many others. We will also have some furniture items as tables, credenzas, chairs, china cabinets and more. 90% W O W ~ nfio We have already established relationships with many artist workshops and have secured a lot of the merchandise to be retailed. Who is Casa Caroni? Casa Caroni is owned by Veronica Nouel , the Owner and President, who is seconded by Javier Itriago, the Operations Manager. Veronica holds a Bachelor's degree in Industrial Engineer, an MBA in International Business and a Certificate of Interior Designer. Veronica is currently a member of the ASID (American Society of Interior Designers). Veronica's last position was a Store Manager for a major high end furniture retailer (more that $lM in yearly sales) in Riverside, California, where her primary role was to streamline and modernize the whole business process (from procurement to inventory management, oversee the sales team and provide interior design services to clients. Before that, Veronica has also worked for two major Fortune 500 companies, The Home Depot and Peoplesoft, both jobs at the Headquarter offices. Veronica was born in California but grew up in South America were she learned to value and love the high level of artistry, the fervor of the artists and the fine arts that were, and are being produced in this continent. Veronica's mission is to expose her customers to some of her most precious findings and to highlight the beauty, passion and refinement of South American decorative arts. Javier holds a Bsc in Civil Engineering , two Master Degrees in Engineering (obtained in the Netherlands) and a partially completed MBA in logistics from California State University at the East Bay (Hayward). Javier is currently a Principal Port Engineer for a major multi-national engineering firm (the biggest Port and Maritime Engineering Firm in the world with 6,000-t engineers) and has been involved in the design and consulting of major maritime terminals and ports around the world. Among his achievements are included the Project Management of the Master Plan of what will become the biggest cargo port in the world. Javier will use his extensive, global know-how to provide logistic support and financial advice and strategy for Casa Caroni. Javier shares the same artistic passions as Veronica. Page 1 of 1 Jung, Wendy CD From: Veronica Nouel [[email protected]] Sent: Wednesday, October 17,2007 8:23 PM To: Jung, Wendy CD Subject: Casa Caroni's Product Description Attachments: Casa Caroni Products.doc; ATT362898.htm Hi Wendy, Per our last conversation I am sending attached a little text that explains how we can assure that the items that we are selling are actually coming from Latin America. Hope this helps! Please let me know if you need anything else from us. Best regards, Veronica Nouel Casa Caroni 951 5207652 vnouel Qcasacaroni.com OCT 1 8 5007 Casa Caroni Products Casa Caroni will showcase home decorative elements made and designed by Latin American artisans. The idea is to allow our customers to discover the richness of ideas and the ingenuity of the designs of these artists and to provide unique fine home decorative pieces that will impress beauty to any home. We will focus on the contemporary interpretation of Latin American fine art and use of superior materials, usually worked by hand. Casa Caroni owners are assiduous travelers and art lovers, who have an in-depth knowledge of Latin America and its culture. This has allowed us to established contact and relationships with a considerable amount of the artists and workshops in Latin America from where we will be importing our focus merchandise. We are also intimately familiar with decorative arts and space planning. We will apply this knowledge to continually identify and find the stunning, exclusive, first-rate decorative items will be at the core of Casa Caroni's product inventory. We will depart from mass produced merchandise, as we are fully aware how the detract from the sense of exclusivity that many people are after. This is our commitment. RECORDING REQUESTED BY c I m OF LAGUNA BEACH AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF LAGUNA BEACH 505 FOREST AVENLE LAGUNA BEACH, CA 92651 (Fee Exempt per Govt. Code 6103) I THIS SPACE RESERVED FOR RECORDING RESOLUTION NO. 07-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAGUNA BEACH APPROVING CONDITIONAL USE PERMIT 07-44 WHEREAS, an application has been filed by the prospective tenant of property located at 8 13 Laguna Canyon Road requesting a Conditional Use Permit in accordance with the provisions of Municipal Code Section 25.05.030 to establish and operate a retail home dCcor and furnishings store specializing in unique accessories and furniture made by artisans and imported from Latin America; and WHEREAS, the owner of the subject property has authorized in writing the submittal of the application for a Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Laguna Beach, acting in accordance with the provisions of Municipal Code Section 25.05.030, conducted a legally noticed public hearing regarding this proposal on October 24,2007; and WHEREAS, the Plannini Commission carehlly considered the oral and documentary evidence and arguments presented at the hearing; and WHEREAS, the proposed project is exempt from the provisions of the California Environmental Quality Act in accordance with Class 1, Existing Facilities; and WHEREAS, the Planning Commission has made the following findings: ?!% *.rr 032 Conditional Use Permit 07-44 October 24,2007 Page 2 1. The site is adequate to accommodate the use without adverse impact on abutting property or on parking or traffic circulation in the downtown area in that the parking is legal, non-conforming with no intensification of use proposed; and no additional traffic will be generated and existing conditions are adequate. 2. The proposed use will maintain a balanced mix of uses that serves the needs of both local and non-local populations in that the use offers merchandise to both residents and visitors, not currently available in the downtown. 3. The granting of the Conditional Use Permit will not produce an incremental effect of similar uses that would be detrimental to the City in that the use is unique providing one-of-a-kind, art quality home decor and furniture and contributes to the diversity of uses in the downtown area. 4. The proposed use is consistent with the intent and purpose of the Civic Art Zoning District, in which it is located, and the goals and policies of the Downtown Specific Plan and the City's General Plan. 5. The Conditions stated in the decision are necessary to protect the public health, safety and general welfare to assure continued land-use compatibility. 6. A substantial portion of the merchandise shall be original or numbered, limited edition artwork. NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 07-44 is hereby granted to the following extent: Approval to establish and operate a retail home decor and furnishings store specializing in unique accessories and furniture made by artisans and imported fiom Latin America. BE IT FURTHER RESOLVED, that the following condition(s) are set forth to protect the Conditional Use Permit 07-44 October 24, 2007 Page 3 health, safety and welfare of the community and to assure the intent and purpose of the regulations: 1. The Conditional Use Permit shall be subject to review if written complaints are received, and shall be subject to administrative review one (1) year after issuance of the certificate of use to determine if the approved conditions of approval are in compliance. These reviews may result in a formal noticed public hearing before the Planning Commission. After the public hearing on the matter, the Planning Commission may require immediate condition compliance, amend the conditions of approval or proceed with revocation of the Conditional Use Permit as specified in Municipal Code Section 25.05.075. 2. It is understood that the conditions of approval apply herein to any W r e owners or lessees operating under this Conditional Use Permit. This means in legal terms that the conditions of approval for the Conditional Use Permit shall be and hereby are obligations of and binding upon the applicant and hislher heirs, successors, assigns, agents and representatives. The conditions shall constitute a covenant running with and binding the land in accordance with the provisions of California Civil Code Section 1468. Failure to comply with such conditions, and each of them, and any other related federal, state and local regulations may be grounds for revocation of the Conditional Use Permit, in addition to other remedies that may be available to the City. 3. Applicable Certificate of Use andlor Certificate of Occupancy shall not be issued until City staff has verified compliance with all conditions of approval. 4. This Conditional Use Permit shall not become effective until any required Design Review approval has been obtained. 5. This Conditional Use Permit shall not become effective until the owner of the subject property Conditional Use Permit 07-44 October 24,2007 Page 4 has signed an affidavit in the form attached to this Resolution, whereby the property owner acknowledges and consents to the imposition of the conditions set forth in this Resolution, and agrees that such conditions shall constitute restrictions running with the land and shall be binding upon the property owner and their heirs, successors and assigns. If the applicant is different than the owner of the subject property, then this Conditional Use Permit shall also not become effective until the applicant has signed an affidavit in the form attached to this Resolution, whereby the applicant acknowledges and consents to the imposition of the conditions set forth in this Resolution, and agrees that such conditions shall be binding upon the applicant and their heirs, successors and assigns. 6. This Conditional Use Permit shall lapse and automatically become void two years following the effective date unless: a) the privileges authorized are established; or b) a building permit is issued and construction is begun and diligently pursued to completion; or c) an extension of time is granted pursuant to Municipal Code Section 25.05.030 (I). 7. If the use authorized under this Resolution and Conditional Use Permit is abandoned or terminated for any reason for a period of at least one year, the Conditional Use Permit shall automatically expire and become void. 8. In the absence of specific provisions or conditions herein to the contrary, the application and all plans or exhibits attached to the application are relied upon, incorporated and made a part of this resolution. It is required that such plans or exhibits be complied with and implemented in a consistent manner with the approved use and other conditions of approval. Such plans and exhibits for which this Conditional Use Permit has been granted shall not be changed or amended except Conditional Use Permit 07-44 October 24, 2007 Page 5 pursuant to a subsequent Conditional Use Permit or Variance as might otherwise be required or granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code. 9. No additions or enlargements of structures upon property for which this Conditional Use Permit has been granted shall be allowed except pursuant to a subsequent Conditional Use Permit or Variance as might otherwise be required or granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code. 10. The sale of tee-shirts, bathing suits, jewelry and ivory of any kind shall be prohibited. 11. Outdoor display or outside seating of any kind shall be prohibited, unless approved as an amendment to this Conditional Use Permit. Application for such an amendment may only be accepted for processing, if outdoor display andlor outside seating are permitted use(s) in the applicable zoning district. 12. A City business license shall be obtained prior to the operation of any business use permitted by this Conditional Use Permit. 13. No proposed change or modification to the specifically permitted use of a retail home decor and b i s h i n g s store specializing in unique accessories and h i t u r e made by artisans and imported from Latin America. shall be allowed except pursuant to a subsequent or amended Conditional Use Permit granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code. 14. The applicant shall not allow, act, cause or permit any lessee, agent, employee, exhibitor or concessionaire any "prohibited discharge" (as defined in Municipal Code Section 16.01.020) into the City's storm water drainage system. 15. The applicant (and the applicant's successors or assigns) shall defend, indemnify and hold Conditional Use Permit 07-44 October 24, 2007 Page 6 harmless the City and its officers, employees and agents fiom any claim, action, proceeding, demand, damage, loss or liability arising out of or resulting from (a) the approval of this Conditional Use Permit and (b) the use and occupancy of the subject property in accordance with the project approval. 16. The required parking shall be available free of charge to the tenants and customers of the proposed business during the approved hours of operation. 17. The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., seven days a week. 18. The merchandise shall be original art, furniture, and dCcor exclusively made by artisans and imported fiom Latin America. 19. A substantial portion (90%) of artistic pieces will be original or numbered, limited edition. NOW THEREFORE BE IT RESOLVED that the above decision was rendered on October 24,2007. ADOPTED this 24thday of October, 2007. AYES: Commissioner(s) NOES: Commissioner(s) ABSENT: Commissioner(s) ATTEST: Chairperson, Planning Commission City of Laguna Beach, California Director/CornrnunityDevelopment
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