city of laguna beach community development

CITY OF LAGUNA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
AGENDA ITEM:
No. 9
TO:
PLANNING COMMISSION
CASE:
Conditional Use Permit 08-26
APPLICANT:
Peter Blake
Anders Lasater, Agent
LOCATION:
435 Ocean Avenue
ENVIRONMENTAL
STATUS:
Categorically Exempt, Class 1
PREPARED BY:
DATE: 8/20/08
Wendy Jung, Associate Planner
(949) 497-032 1
REQUESTED ACTION: The applicant requests approval to establish and operate a fine art
consultation and placement gallery (Peter Blake Gallery) at 435 Ocean Avenue (formerly Ropage).
BACKGROUND: The proposed 2,500 square-foot site is located within the CBD-1, ResidentServing Land Use District located in the Downtown Specific Plan. Diane Nelson Fine Art
occupied the site from 1995 to 2003. The site was previously occupied by Ropage, a retail
beauty supply store and salon since 2003. Parking at the site is legal, non-conforming with no
on-site parking provided.
STAFF ANALYSIS: The CBD-1, Resident-Serving District encourages businesses with a
service orientation, which caters to the needs of Laguna Beach residents, to locate in this District.
The proposed business is currently located on North Coast Highway and desires to relocate to
Ocean Avenue. The applicant indicates the business will offer the following services: 1) fine art
collection consultation and placement for local collectors; 2) local artist career management and
development; 3) fine art framing; 4) fine art collection management, storage and restoration; and
5) fine art appraisal and de-accession. The proposed hours of operation are 11:OO a.m. to 7:00
p.m., Tuesday through Saturday and 11:OO a.m. to 4:00 p.m., Sunday and Monday. The
applicant would also participate in First Thursdays Art Walk events.
The proposed use is consistent with the goals and policies of the Downtown Specific Plan. The
proposed fine art consulting business and related services are primarily resident-serving.
However, staff has concerns regarding the location for a use similar to that of an art gallery on
Ocean Avenue. The Planning Commission could approve the application, if it deems the use
similar to and no more obnoxious or detrimental to the welfare of the neighborhood than any use
Conditional Use Permit 08-26
August 20,2008
Page 2
listed above. In order to ensure that the use remains primarily resident-sewing and does not
become solely an art gallery, staff proposes a condition to limit the percentage of retail sales af
art on the premises to 10% of the total services offered by the proposed use, based on income.
Staff also proposes a condition to assure that the custom framing entity is limited to the framing
of art, and that the custom frames will not be manufactured on the premises for third party sales.
RECOMMENDATION:
Staff recommends that the Planning Commission approve
Conditional Use Permit 08-26 subject to the conditions in the attached resolution.
ATTACHMENTS: Exhibit A: Application
Exhibit B: Location MapFloor Plans
Resolution
CITY OF LAGUNA BEACH
RECEIVED
AUG 0 1 2008
CONDITIONAL USE PERMIT APPLICATION
See reverse side for filing instructions
City of Laguna tieach
Planning Division
I.
CUP Number
PROPERTY OWNERJAPPLICANT INFORMATION:
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Legal Owner
Address
Applicant
Address
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Assessor Parcel Number
CurrentlPrevious Use
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Suite
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Building/Suite Square Footage
PROPOSED USE:
2500
/ ART
Parking Spaces dro:ided
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Briefly describe the specific use(s) proposed. Include information about proposed merchandise and services, menu items, proposed
business hours, etc.
Similar Businesses Owned or Operated by the Applicant:
IV.
V.
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PROPERTY INFORMATION:
Locat ion
III.
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DATE:
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JUSTIFICATION:
1.
Is this site appropriate for the proposed use in terms of size, parking, storage, trash, etc.?
2.
Does this site have adequate street access and on-site parking to handle the traffic generated by the proposed use?
3.
Is the proposed use compatible with the surrounding land uses? Explain.
4.
Is the proposed use consistent with the goals and policies of the Downtown Specific Plan and the City's General Plan? Explain.
AFFIDAVIT:
mation contained in this application is, to the best of my knowledge and belief, true and
and understand Chapter 25.05.030 of the La
180
RECEIVED
1 August 2008
City of Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
Attention:
Planning Department / Planning Commission
AUG 0 1 2008
City ot Laguna Mach
Planning Division
Subject: Addendum to Conditional Use Permit Application for 435 Ocean Avenue
Following please find the Proposed Use information and Justifications for the attached
Conditional Use Permit Application for 435 Ocean Avenue:
Ill. Proposed Use:
Briefly describe the use(s) proposed. Include information about proposed
merchandise, services, menu items, proposed business hours, etc.
The proposed use is the continued functions of the existing Peter Blake Gallery, a
service oriented fine art consulting and placement company. The Peter Blake
Gallery provides the following services:
% of Business
Service
40%
Fine art collection consultation and placement for local collectors
Local artist career management and development
20%
Fine art framing
15%
Fine art collection management and storage, and restoration
15%
Fine art appraisal and de-accession
10%
Total
100%
Additionally, as a function of the operation of the Peter Blake Gallery, the following
value added services are regularly proved to the local community at no charge:
Donation of consutting time and up to 20 original artworks annually to the
Laguna Beach Art Museum for their annual fund raising auction
Local art community enrichment through artist lectures, mentoring, and
through such innovative ideas as the first Thursday's art walk, a function first
conceived and promoted by the Peter Blake gallery
Hosting of admission free month long exhibitions of local art which ensures
access to quality regional artist for the public to experience
Donation of gallery space for use by cultural arts oriented functions such as
dance performance, poetry recitals, and arts culture round tables
Local art exhibit curation
Meet the artist events and lectures for the public
Pro-bono gallery management & consutting for fellow Laguna gallery owners
ralk
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949 280 7097
949 497 1827
[email protected]
www.anderslasaterarchitects.com
1990 south coast highway suite 1 laguna beach califomia 92651
AUG 0 )-J006
ers Lasater Architects, Inc.
435 Ocean Avenue - Addendum to CUP Application Page 2
81112008
Gity or Lagma Bs%b
Planning
All works placed in collections by the services of the Peter Blake Gallery are original,
one of a kind art works. Each artist represented and/or managed by Peter Blake
creates unique, singular works that are available to the Orange County market
exclusively through the Peter Blake Gallery. Peter Blake does not engage in the
placement of reproductions, prints, lithographs, serigraphs, or other mass produced
products.
Hours of operation are 11am to 7pm Tuesday through Saturday and 11am to 4pm
Sunday and Monday.
IV. Justification:
1. Is the site appropriate for the proposed use in terms of size and parking,
storage, trash, etc.?
Yes, as an art consultant who deals with individual clients, the size of the building is
conducive to viewing and evaluating art in situ, conducting artist lectures for small
groups, management consulting with individual artist clients, and the storing and
framing of art.
2. Does the site have adequate street access and on-site parking to handle the
traffic generated by the proposed use?
Yes, the proposed use will generate little traffic since the services provided are
typically for individual clients, either collectors or artists, who visit the gallery at
appointed times. Additionally, with only one employee, the gallery staff is easily
accommodated by the two parking spaces allotted the building by the existing in-lieu
certificate, and existing grand fathered parking space.
3. Is the proposed use compatible with the surrounding land uses? Explain.
The existing uses surrounding the site are varied and many, ranging from
professional offices to restaurants, from retail shops to service providers, all of which
address the needs of the local community. The services provided by the Peter Blake
Gallery will compliment the area's diverse offerings and enrich the fabric of the
neighborhood by continuing to offer the local art management and consulting
services to the art community that have helped to make Laguna Beach the healthy
and thriving an Art Colony as it is today.
The services provided by the Peter Blake Gallery are compatible with and, in no way
detrimental to other uses in this zone. This is because the Peter Blake Gallery
provides a range of services that are unique, and unlike any others provided by
businesses in this zone, or in the City as a whole.
RECEIVED
of ~%~&.&t%sbr
Architeas, Inc.
planning Dlvlslon
435 Ocean Avenue - Addendum to CUP Applicatin Page 3
81112008
Over 95% of the services performed by the Peter Blake Gallery are rendered to local
residents. Rarely do visitors or tourists engage the gallery for consultation and
placement services. Additionally, less than 5% of the works placed by the Peter
Blake Gallery leave the Laguna Beach area.
As previously stated, all works placed in collections by the services of the Peter
Blake Gallery are original, one of a kind art works. Each artist represented andlor
managed by Peter Blake creates unique, singular works that are available only
through the Peter Blake Gallery which does not engage in the placement of
reproductions, prints, lithographs, serigraphs, or other mass produced products.
Furthermore, the services provided by the Peter Blake Gallery are compatible with
the past uses of this building, which previously housed an art consulting business,
and a beauty salon and retail supply business. The proposed use is no more
obnoxious than any use currently existing in the zone or in the past uses of the
building.
4. Is the proposed use consistent with the goals and policies of the Downtown
Specific Plan and the City's General Plan? Explain.
Both the Downtown Specific Plan and the General Plan identify and celebrate that
fact that Laguna Beach is an "Art Colonyn an image that has "developed over the
years and has become an integral part of the community identity."
-
As in any colony, Laguna Beach is made up of various constituent pieces which
support one another, ranging from those who produce the art, to those who collect
and enjoy the art. In between lies a series of individuals whose needs must be
served ranging from the career management of local artists to the selling of art itself.
This is where the services of the Peter Blake Gallery lie, as a catalyst for bringing the
arts to the community and raising the awareness of the quality of art found in Laguna
Beach.
The Downtown Specific Plan clearly encourages this type of service when it states:
"Maintaininga strong identity as an art community is important to the residents
who are artists and many of the other residents who enjoy being part of an art
community.
The art festivals, art galleries, and community playhouse are all-important
components of the art community identrty. In the face of rising land costs and
general development within the City, the individual components of the art
community image may be threatened and may need special
encouragement and support from the Cdy.
Goal: Retain a strong and visible identity as an art commundy."
RECEIVED
AUG 0 1 2009
01 Laguna treicil
sater Architects, Inc.
Planning
435 Ocean Avenue -Addendum to CUP Application Page 4
81112008
Further, the Downtown Specific Plan encourages a 'broad range of businesses" to
serve the needs of the community and to add "interest, dimension, and character to
the area." 'The Downtown Specific Plan characterizes this portion of Ocean avenue
as a predominantly resident serving district, a description which also characterizes
the services provided by the Peter Blake Gallery which consistently serves the needs
of the local art collector, artist, and the greater art community alike.
Additionally, the Downtown Specific Plan encourages urban design features that
promote a pedestrian oriented scale and experience. The building's recessed patio
area and welcoming storefront encourage passers by to stop and pear through the
windows at the works on display within - most often by one of Laguna Beach's own
prominent artists.
In short, both the General Plan and the Downtown Specific Plan encourage this type
of use and service, even going so far as to say that it needs special encouragement
and support from the City. Moreover, both the General Plan and the Downtown
Specific Plan make allowances for compatible uses within a particular zone or area
as long as those uses are "no more obnoxious" than any other already existing or
allowed in that zone. The Peter Blake Gallery qualifies as an appropriate use for this
zone and for this particular building.
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Anders Lasater Architects, Inc.
435 Ocean Avenue -Addendum to CUP Application Page 5
Supplemental Information
1. The Peter Blake Gallery has supported and continues to support the local art
scene by representing and showing the following Laguna Beach resident
artists:
Artist
Chris Gwaltney
Jorg Dubin
Paul Darrow
Cheryl Ekstrom
Denny Ekstrom
Jeff Peters
Marsha Haft
Jennifer Shaw
Years with the Peter Blake Gallery
15 years
15 years
8 years
8 years
8 years
6 years
3 years
1 year
2. The Peter Blake Gallery offers works by more than 20 other world class artists
exclusively to the Orange County and Laguna Beach markets. These include:
Ed Moses
Chuck Arnoldi
Peter Alexander
Lita Albequirque
Robert Graham
Joe Goode
3. The Peter Blake Gallery has initiated, hosted, or supported many local
community events and exhibits including:
1. First Thursday's Art Walk
Peter Blake - Founding Member and original organizer.
2. Inaugural exhibit of "Art at City Hall"
Curated and juried by Peter Blake Gallery.
3. Various art exhibits at Laguna College of Art and Design
Curated and juried by Peter Blake Gallery.
4.
Various art exhibits at Laguna Beach restaurants and professional offices
Curated by Peter Blake Gallery.
5. Various scholarship benefit events for Laguna College of Art and Design
Hosted by and proceeds donated to college by Peter Blake Gallery
C m of Lagun
beat%
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Lasater Architech Inc.
435 Ocean Avenue - Addendum to CUP Application Page 6
List of Laguna Beach resident clients for whom Peter Blake Gallery has either
provided art collection consulting and placement services, or who have
requested to be placed on the advisory list for future services:
Laguna Art Museum
Marlo and Cathy Bartels
Rosalie and Alan Boinus
Mark & Heidi Draper
Charlie and Janine Fletcher
Mr. Harold P;rice
Lorraine Adriance
Claes Andersen
Esther Andras
Dean Andrews
Pat and Deidre Arrington
Renae Ashwill
Mr. & Mrs. Wayne Baglin
Wendy Baker Offield
Liza and Brad Barrett
Aram and Terez Bassenian
Dan Bassett
Robert Beck
Ms. Karin Bellantoni
Dorothy Bendetti
Mr. Craig Benedett
Mark Bergendahl
Patricia Bickel
Brett Biladshaw
Lynne Biscieglia
Diane Blair
Thomas Edward Bodamer
Mr. Bob Borthwick
Jane Bower
Mr. & Mrs. Nicholas and
Jane Bower
George Bowman
John and Rosemary Boyd
Patrick Boyd
Christopher Brazelton
Joni and Hal Brice
Chris & Christine Brown
Katharine F. Brown
Lance &Laura Lee Brown
R.L. Brown
Ann Burk
Fatima & Jim Bumes
John Burnham
John & Yasuko Bush
Mr. & Mrs. \ Byrne
Dennis Camene
Paul and Alaine Caraher
Thomas Carew
Karen Caruua
Wendy Caufield
Jim and Elizabeth Chapel
Teresa Cheeks
Carole Chickering
Christopher Clark
Mr and Mrs. Christopher
and Kendall Clark
Michael and Kate Clark
David Clemens
Pat Cochran
Michael Cole
clark and greg collins
Ross Conner
Jill Cooper
Chrissie Cordrey
Ann Crowell
Al Cutler
Jennifer Dadvar
Rod & Nancy Daley
Huw Daniel
Bob Daniels
Paul Darrow
Carroll & Sam Dawson
Danette DeClark
John and Pam Deily
Mr. & Mrs. Steve Dicterow
Bob and Linda Dietrich
Mr. Tim Dillon
Marilyn Dillow
D D Dinelly
Deborah Dodd
Lucy Dodge
Alberto Dottavio
Ron Duby
Melanie Duka
Henry and Janet Eggers
Susan Elghanayan
Mr. Brad Engelland
Howard and Joanne
Englander
Patti Estabrooks
Redding Kaufman Family
Patrick and Tina Farber
Ann and James Farris
Roz Farthirey
Kris Favale
Steve FieM
Jon and Jan Firestone
Robert & Kristine Flaxman
Mr. & Mrs. Baruch Fogel
Cindy Frazier
Denny Freidenrich
Steve Friedmann
Robin Fuld
Keith Gallo
Rosa Gaoldfind
Sally Garett
Ms. Diana Garreau
Scott Garrett
Scott Ghormley
Celeste Gilles
Pat and Ron Gilles
Heather Ginsberg
Lori Gioffredi
Millie Goldschmitt
Pamela and Sam Goldstein
Stephan and Madaline
Gordon
Rita and Erik Grae
Thomas Greenwell
Linda and David Gross
Nina Grossman
John Gustafson
Diana G Guyer
Chris and Jill Gwaltney
Marcia Haft
James and Carol Hamilton
Pat and Gene Hancock
Floren Harper
Sheldon Harte
Andre Hebert
Norma Helin
RECEIVED
o1 Laguna @f@ks Lasater Architects, Inc.
Planning DMsim
435 Ocean Avenue - Addendum to CUP Application Page 7
Adrienne Helitzer
Ms. Janice Heller
Gregg Herbert
Kim Herbert
Pamela Herrick
Randy Hild
Brad Allen Hines
Brian and Lori Hirth
Eileen Hoffman
Ron and Marguerite
Holecek
John Hoover
Mr. & Mrs. Steve Hopkins
Sondra Hovanesion
Tim Howe
Ellen Hurley
Ed Hutchinson
James and Michelle Jaeger
Don & Elizabeth Johnson
Holly Johnson
Joyce Johnson
Lori Kahn Burgi
Kenneth Kaplan
Dr. & Mrs. Stanley Kaplan
Mr. Erik Katzmaier
David L. Kennelly
Jerry Kenny
Ray G. Kerciu
Christopher and Tracy Keys
Sommer Killian
L i z Kluger
Jane Knight
Diane Koch
Paula Korn
Jerry Komblau
Ms. Liz Kraemer
Kathryn Kukulka
Rod Lamm
Dorris Law
Cathie Lawler
Sandra & Jerry Le Winter
Mr. Gilbert E LeVasseur Jr.
David Levine
Bret Green & Steve
Lewallen
Mr. Jeff Liao
Kit Lietzow
Ginny Linting
Ron Loder
Ms. Donna Longo
Ms. Barbara Lyons
Tom Lyster
Mr. & Mrs. William
MacDonald
Brenda and Mark Madison
Jon Madison
Darren and Kathe Madrigal
Christine Magnus
Ed and Valerie Malpass
Anne Manring
Naden Marcos
Sarah Markman
Ms. Sarah Markman
Frank Marmolejo
Ray McAfoose
Colleen McCallion
Mary McDonald
Annette and Bob McKnight
Alice Medal
Mr. Danny Melia
Alex Melli
Chris Menrad
Lucy Mercer
Melissa Metez
Walter and Judy Metez
Scott Methvin
Debbie Metz
Michael and Nancy Meyer
Paula Meyer
Marcy Middler
Dick and Gretchen Miller
Joe Miller
Todd Paul Miller
Peter Montgomery
Kathleen Moore
Linda morgenlander
Dennis Morin
Diane Morris
Mr. & Mrs. Robert Mosier
Ms. Anne Moulton
Ms. Soheila Mozzafar
Heidi Mueller
Victor Murphy
Pam and Jim Muny
James and Barbara Nelson
James & Martha Newkirk
John Newlander
Greg Nichols
Marcus Noble
Mary and Jon Nord
Rocco and Lori Norman
Julia O'Brien
Dr. & Mrs. Robert
O'Callaghan
Chris Olsen
Robert Opera
Garrett & Linda Pack
Sylvain Palmer
Marilyn Park
David Parker
Mr. Edward Parsons
Kristen Paulson
Suzanne and Ted Paulson
Tony Payan
Mr. & Mrs. John and
Marianne Payne
Mary Payne
Caudare Pearlman
Elizabeth PearsonSchneider
Maryann & Cappy Pentz
Joe Percival
Rona Perley
Jeff Peters
Kathryn & Layn Phillips
Sian and Troy Poeschl
Rob Quest
Annie Quinn
Mary Rabe
Sunseray Raj
Starr Ramsey
Malas Rana
Joni Rehnborg
John Reinhold
Carrie and Michael
Reynolds
Hans Rindheisch
Mr. & Mrs. Lee Roberts
Barbara Robinson
Daniel Rodrigues
Jorge Rodriguez
Janice Roger Johnson
Laura & Louis Rohl
Patricia Romero
-
AUG 0 l W'?
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Lasater Architects, Inc.
i?lMmw
Joan Chapman Roth
Phillip Ruland
Marilyn Rutten
Greg Salmeri
Helen & Jay Schlichtiug
R.J. Schwarstein
Debbie Scott
Elizabeth Sganga
Miriam Shelton
Don Sheridan
Tom and Fuelling Sherry
Ed Shlatter
Mr. Richard W. Silver
Sherman Silverman
Ms. Cheri Silvers
Benjamin Simon
Salvatore R Sinare
Stacey Smialowicz
Eric Smith
Eric Smith
Jeff Smith
435 Ocean Avenue -Addendurn to CUP Application Page 8
Kim and Amos Smith
Patricia E. Smith
Mr. Anwar Soliman
Sheila Sonenshine
Kim F Sorensen
Art and Kit Spaulding
Bill & Terri Stampley
Dr. Lynn Stanton
Dr. Sharon Stevenson
Rita Stodder
Lisa Swaiman
Keith and Judy Swayne
Kirk Swayne
Jane Taylor
Jim and Pat Thomas
Michael Thornstensen
Lindsay Tognetti
Susan Trager
Melissa & Greg Trimarche
Patricia Truman
Marta and Tom Tuma
81112008
Colleen & John Van
Maanen
J.P Verjan
Gary A. Waldron
Ben Warner
Tim and Karen Weber
Tim and Jean Weiss
Lori Werstein
Kirstin & Bob Whalen
David Wilhelm
Greg and Holly Williams
Mr. Todd Williams
Pat Wilson
Peter Wilson
Cindy Winn
Bill W i e
Matthew Witte
Cynthia and Eric Wittenburg
John Wooden
Tracy Young
George Zebot
4. Follwing are examples of the local Laguna Beach artists exclusivley
represented by the Peter Blake Gallery.
JQRG DUBIN
Locaf artist exhibiting at the gallery for 15 years
CHRIS GWALTNEY
Local artist exhibiting at the gafkry for 15 years
PAUL DARROW
Local artrst exhibiting at the gallery for 13 years
326 M
COAST HW
'
FAGUNA BEACH, CA
949 376.9994 PETERBLAIIESkLLERY.COW1
f3X
CHERYL EKSTROM
Local artist exhibiting at the ga/!ergp fat-8 years
Page 1 of 1
Jung, Wendy CD
[email protected] behalf of anders lasater [[email protected]]
Sent:
Thursday, August 07,2008 3:23 PM
To:
Jung, Wendy CD
Subject: Addendum to CUP Application for 435 Ocean Avenue - Peter Blake Gallery
From:
a-%
Wendy,
Thank you for your call this afternoon, I am happy to know that you are working on the application for
us, and that you're targeting the August hearing date.
Below please find our responses to your clarification request:
1. Hours of Operation. As you correctly assumed Peter plans to be open for the First Thursday Art
Walk events in addition to the regular hours of business we indicated in the application.
2. Meet the artist events and lectures for the public. This item was included in the application to
make clear that, during monthly gallery openings for that month's featured artists, (which, as is the case
this month, are most often held to coincide with First Thursday Art Walk) the gallery will sometimes
ask the artist to give a brief talk, or lecture about the work being featured. This talk or lecture is open to
the public who might be specifically coming for the Art Walk or opening, and is not intended as a large
group function, class, or other organized event. On occasion, the gallery does host an artist talk or
lecture focused towards a specific invited group, such as the board of the Laguna Beach Art Museum.
3. Request for relocation of the business. As you correctly assumed this application is a request for a
relocation of the Peter Blake Gallery, NOT for an additional location.
4. New proposed skylight. Please delete from this application any reference to the new skylight shown
on the roof plan / site plan. We will seek approval for this modification tot he building at another time.
This application should be solely for the CUP required to operate the business as described.
Thank you again Wendy for your assistance with our application. Please do not hesitate to contact me if
I assist you any further, I will be happy to provide whatever information you need.
Respectfully,
-Anders Lasater, AIA
AndersLasaterArchitects inc.
talk 949 280 7097
fax 949 497 1827
mail [email protected]
web www.anderslasaterarchitects.com
studio 1990 South Coast Highway, Suite 1, Laguna Beach, CA 9265 1
RECEIVED
AUG 0 1 2008
City of Laguna Beach
Planning Division
AUG 0 1 2008
City or Laguna Meach
Planning Division
RECORDING REQUESTED BY
CITY OF LAGUNA BEACH
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF LAGUNA BEACH
505 FOREST AVENUE
LAGUNA BEACH, CA 9265 1
(Fee Exempt per Govt. Code 6 103)
I
THIS SPACE RESERVED FOR RECORDING
RESOLUTION NO. 08-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAGUNA BEACH
APPROVING CONDITIONAL USE PERMIT 08-26
AT 435 OCEAN AVENUE
WHEREAS, an application has been filed by the prospective tenant of property located at
435 Ocean Avenue requesting a Conditional Use Permit in accordance with the provisions of
Municipal Code Section 25.05.030 to establish a fine art consultation and placement gallery; 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 August 20,2008; and
WHEREAS, the Planning Commission carefully considered the oral and documentary
evidence and arguments presented at the hearing; and
WHEREAS, the proposed project is exempt fiom 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:
1. The site is adequate to accommodate the use without adverse impact on abutting property or on
Conditional Use Permit 08-26
August 20,2008
Page 2
parking or traffic circulation in the downtown area in that the parking is legal, non-conforming with
no on-site parking provided and 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 services to both residents and visitors.
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 in the downtown and contributes
to the diversity of uses in the central business area.
4. The proposed use is consistent with the intent and purpose of the CBD-1, Resident Serving
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. The proposed use is similar to, and no more obnoxious or detrimental to the public health, safety
and welfare than the permitted uses in the CBD-1, Resident Serving Land Use District.
NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 08-26
is hereby granted to the following extent:
Approval to establish a fine art consultation and placement gallery.
BE IT FURTHER RESOLVED, that the following condition(s) are set forth to protect the
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
Conditional Use Permit 08-26
August 20,2008
Page 3
I
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 future 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 hisher 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
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
Conditional Use Permit 08-26
August 20,2008
Page 4
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
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.
Conditional Use Permit 08-26
August 20,2008
, Page5
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. The use of expanded polystyrene (Styrofoam) food containers is prohibited.
12. 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.
13. A City business license shall be obtained prior to the operation of any business use permitted by
this Conditional Use Permit.
14. No proposed change or modification to the specifically permitted use of a fine art consultation
and placement gallery 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.
15. 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.
16. The applicant (and the applicant's successors or assigns) shall defend, indemnify and hold
harmless the City and its officers, employees and agents from any claim, action, proceeding,
demand, damage, loss or liability arising out of or resulting from (a) the approval of this
Conditional Use Permit 08-26
August 20,2008
Page 6
I
Conditional Use Permit and (b) the use and occupancy of the subject property in accordance with
the project approval.
17. The required parking shall be available free of charge to the tenants and customers of the
proposed business during the approved hours of operation.
18. The hours of operation shall be limited to 11:00 a.m. to 7:00 p.m., Tuesday through Saturday,
11:00 a.m. to 4:00 p.m., Sunday and Monday, and open until 10:OO p.m. during Art Walk events.
19. A substantial portion (80%) of the displayed artwork shall be original or numbered, limited
edition artwork.
20. Retail sales of artwork shall be limited to 10% of the services offered by the proposed use, based
on income.
2 1. Custom framing is limited to the framing of artwork; the manufacturing of frames for third party
sales is prohibited.
NOW THEREFORE BE IT RESOLVED that the above decision was rendered on August
20,2008.
ADOPTED this 20th day of August, 2008.
AYES:
Commissioner(s)
NOES:
Commissioner(s)
ABSENT:
Commissioner(s)
Conditional Use Permit 08-26
August 20,2008
Page 7
ATTEST:
Norm Grossman, Chairperson
Planning Commission
City of Laguna Beach, California
John Montgomery, Director
Community Development
City of Laguna Beach, California