PREPARED BY: SANDRA CASTANEDA DATE OF MEETING: 05/28/2024
SUBJECT:
TITLE
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A TATTOO PARLOR USE AT AN EXISTING COMMERCIAL SHOPPING CENTER BUILDING LOCATED IN THE COMMERCIAL MIXED USE (CMU) DISTRICT AT 3550 SAN PABLO DAM ROAD, SUITE A3, (APN: 420-130-031).
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15301, Existing Facilities, Class 1. This Class applies to continued operation of existing private structures, such as the existing commercial shopping center where the new business proposes to locate, with negligible or no expansion of uses.
Label
Location: 3550 San Pablo Dam Road, Suite A3, northeast pad building in the Plaza Sobrante shopping center
APN: 420-130-031
PLAN No: PLAN2404-0012
Zoning: Commercial Mixed Use
CEQA: Exempt under Section 15301. Existing Facilities.
Owner: Denis Hill (Hill-Sketchley Properties)
Applicant: Bruno Corvalan and Andrea Alarcon
Staff Contact: Sandra Castaneda, Associate Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of a Conditional Use Permit to allow a new Tattoo Parlor Use in an existing multi-suite shopping center located at 3550 San Pablo Dam Road, Suite A3 (APN420-130-031). The Parcel is designated Commercial Mixed Use in the San Pablo General Plan and it is zoned CMU, Commercial Mixed Use.
Surrounding Zoning and Land Uses:
The project site is currently occupied by a small shopping center known as Plaza Sobrante. The building within the shopping center in which the tattoo parlor will be located has six (6) tenant spaces. The suite where the Tattoo Parlor is proposed to be located is known as suite A3 and is currently vacant. The most recent use that occupied this unit was a Permanent Make-up Studio that left this location in 2022. Other businesses occupying adjacent suites include a dentist office, a beauty salon, a restaurant occupying two of the suites, and an insurance office. Surrounding Zoning and Land Uses are as follows:
North: Unincorporated Contra Costa County (El Sobrante); Residential and vacant commercial.
South: CMU - Commercial Mixed-Use; Plaza Sobrante (shopping center) and R-4 (High Density Residential) vacant parcel behind the shopping center.
East: Unincorporated Contra Costa County (El Sobrante); Church
West: CMU - Commercial Mixed-Use; Plaza Sobrante (shopping center) and a Self-Storage facility adjacent to the shopping center.
ENVIRONMENTAL DETERMINATION
CEQA: This project is categorically exempt under California Environmental Quality Act Guidelines Section 15301, Existing Facilities, Class 1. This Class applies to projects within existing private structures, such as the buildings within the existing commercial shopping center where the new business is proposed to be located, with negligible or no expansion of uses.
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners of properties within a 300-foot radius of the site on May 15, 2024. In addition, a Public Hearing Notice was published in the West County Times newspaper (West Contra Costa edition of the East Bay Times) on Saturday, May 18, 2024.
BACKGROUND
The existing vacant Suite, A3, is 768 square feet in size and is located in one of three commercial pad buildings within the Plaza Sobrante shopping center. The proposed Tattoo Parlor would be replacing a Permanent Make-up Studio that is no longer occupying the unit. The previous use was determined to be consistent with a beauty salon (personal service) use, which is a use allowed by right, given that the State’s Safe Body Act AB-1168, regulates permanent cosmetics under the permanent Cosmetics category, which has different licensing requirements than a Tattoo Parlor. The new business is a Tattoo Artist Studio, which is regulated under Section 17.62.190 Tattoo Parlors, of the Zoning Ordinance and requires a Conditional Use Permit to operate. Suite A3 has been vacant since 2022, and the Tattoo parlor would re-tenant the space. No tenant improvements to the building or suite space are currently proposed. Any sign permits would be reviewed as part of a different planning application.
SITE LOCATION AND PROJECT DESCRIPTION
The subject site is located at the Plaza Sobrante shopping center at 3550 San Pablo Dam Road. The shopping plaza contains three (3) different parcels as shown on the site plan (Attachment B). The parcel where the vacant suite is located is known as Parcel A, which is located to the northeast corner of the shopping plaza and it includes a commercial pad building with six (6) suite spaces. The proposed Tattoo Art Studio would be located in Suite A-3. The other suites within the commercial building are occupied by a restaurant (2 suite spaces), a dentist, a beauty salon, and an insurance office.
The proposed business plan for this use does not include any tenant improvements because the unit has already been retrofitted to fit the requirements of the Contra Costa County Environmental Health Department for tattoo studios by the previous tenant, and the requirements for the permanent make-up studio are the same when it comes to health and safety compliance including separate client rooms, sinks, bathroom, etc. It is possible that some additional improvements may be required by the City’s Building Official if deemed necessary as a result of the Business License inspection. Compliance with any such Business License requirements will be a required condition for the Conditional Use Permit.
The proposed Tattoo Parlor would be comprised of a family-owned Tattoo Artist Studio called Twin Flames Tattoo. The applicant, Bruno Corvalan, is an experienced California-licensed tattoo artist with 15 years of experience and his wife, Andrea Alarcon, would help manage the business. The applicant has submitted a Business Plan (Attachment B) detailing the proposed operations for the Tattoo studio. The owner would be the only artist operating for the studio initially, and as business develops the owner may recruit a second California-licensed tattoo artist as an independent contractor to work out of the same studio. The proposed hours of operation would be 11 a.m. to 7 p.m., seven days a week. The applicant has described that most of the clients would be appointment-based and would be one at the time since the owner would be the only tattoo artist working in the studio initially.
GENERAL PLAN CONFORMANCE
The site is designated on the General Plan as Commercial Mixed Use. The proposed use is consistent with the following policies:
LU-G-6 Promote site sensitive design and pedestrian-oriented activities in mixed-use developments.
LU-I-20 Allow small-scale non-residential uses in neighborhoods that contribute to the residential character of an area or provide complementary services within the neighborhood, such as childcare, neighborhood retail, and other stores.
LU-G-11 Recognize the importance of the mixed use areas along San Pablo Avenue, San Pablo Dam Road, 23rd Street, and Rumrill Boulevard to the vitality and quality of life in San Pablo.
ZONING CONFORMANCE
The existing building at 3550 San Pablo Dam Road was constructed in 2006 and no exterior changes are proposed as part of the application. Therefore, there would be no change in terms of the conformance of the project to building development regulations. Plaza Sobrante has ample off-street parking, and the proposed use would require no more than five spaces for employees, customers, and vendors.
Special Nonresidential Uses
Section 17.62.190 (Special Nonresidential Uses - Tattoo Parlors) of the Zoning Ordinance includes special provisions for new Tattoo parlors regarding location, distance and Use Permit Conditions.
The purpose of Section 17.62.190 is to establish standards to mitigate the potential adverse impacts of this use and activities on adjacent and surrounding land uses. As stated in this section, Tattoo parlors within the city shall be allowed only in the commercial districts, subject to a use permit approved by the planning commission. No tattoo parlor shall be established within one thousand feet of another tattoo parlor. The distance shall be measured in radius from the primary entrance of the building in which the tattoo parlor is located, or is to be located, to the exterior building entrance of the corresponding tattoo parlor without regard to intervening structures.
There are no other tattoo parlors within 1,000 feet of the proposed location. In fact, there are no other tattoo studios in the City of San Pablo. The closest tattoo studios are located in City of Richmond which would be well beyond the 1,000-foot distance requirement. The proposed Tattoo Parlor use meets the location and distance requirements per Section 17.62.190 and would be able to operate at this location, subject to approval of the Conditional Use Permit.
CONDITIONAL USE PERMIT
San Pablo Zoning Ordinance Section 17.34.030 requires a Conditional Use Permit for Tattoo Parlor uses in the Commercial Mixed Use zone. Through this process, the Planning Commission is given an opportunity to review the proposed use, impose conditions of approval, and set terms for revocation. In approving the Conditional Use Permit to allow the new Tattoo Parlor use, Zoning Ordinance Section 17.20.040 requires the Planning Commission to make a finding that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and 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 City.
Findings to support the granting of a Conditional Use Permit in this case include the following:
A. The establishment, maintenance or operation of the Tattoo Parlor use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city because the use is unobtrusive and will not generate significant neighborhood impacts.
B. The proposed Tattoo parlor use would serve to re-occupy a commercial building that has been vacant since 2022 and would offer an additional form of personal service use to the area.
C. The proposed Tattoo Parlor use would be responsive to General Plan policies calling for the provision of complementary services within a neighborhood, because it will be of a small scale, located within an established shopping area, and easily accessible to residents in the area.
D. The proposed Tattoo Parlor use would be compliant with Zoning Ordinance development regulations pertaining to such uses as it would not result in any changes to the Plaza Sobrante structure, would require only minimal parking, which is amply provided for at this location, and is not located within 1,000 feet of another tattoo parlor.
E. The proposed project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines pursuant to Section 15301, Existing Facilities. The project proposes to use existing tenant space and does not involve any new construction.
F. Public notice of hearing has been given by mail to the applicant, local affected agencies and to all property owners within 300 feet of the subject property and has been published in the West County Times (West Contra Costa edition of the East Bay Times) in accordance with the requirements of Government Code Section 65905.
CONCLUSION
Staff recommends approval of the project, including the Conditional Use Permit for the Tattoo Parlor, subject to the conditions of approval identified in the attached proposed Resolution (Attachment A). Any changes to the approvals must first be submitted to the City of San Pablo for review.
ATTACHMENTS
A. Resolution PC24-10
B. Application materials
C. Site location
D. Proof of Publication from West County Times