No. 3 - CONSENT TO: PLANNING COMMISSION CASE

CITY OF LAGUNA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
AGENDA ITEM:
No. 3 - CONSENT
TO:
PLANNING COMMISSION
CASE:
Conditional Use Permit 08-01
APPLICANT:
Ed Ives, Agent for Dana Ridenour
LOCATION:
550 South Coast Highway, Unit 4
APN 644-0 15- 10
ENVIRONMENTAL
STATUS:
PREPARED BY:
DATE: 2113/08
Categorically Exempt, Class 1
Wendy Jung, Assistant Planner
(949) 497-032 1
REQUESTED ACTION: The applicant requests approval to establish and operate a new art
gallery featuring original contemporary impressionist artwork by Dana Ridenour and ancillary
original plein air impressionist paintings by local artists, at 550 South Coast Highway, Unit 4
(formerly Art Connection).
BACKGROUND: The proposed site is located within the CBD-Visitor Commercial Zoning
District in the Downtown Specific Plan. The applicant proposes to occupy Unit 4, which is
approximately 600 square feet and was previously occupied by an art gallery, "Art Connection."
Parking at the site is legal, non-conforming with no intensification of use proposed. The subject
site repaired a failed parking deck, which provides 12 non-conforming tandem parking spaces
located behind the subject building. According to the application, two of the 12 parking spaces
are designated for Unit 4.
STAFF ANALYSIS: Art galleries are conditionally permitted in the CBD-Visitor Commercial
Zoning District, provided that a substantial portion of the merchandise is original or numbered,
limited edition artwork. According to the applicant, all artwork will be original contemporary
impressionist oil paintings created by Dana Ridenour and approximately 20% will be original
plein air impressionist paintings by local artists. The applicant is proposing to display the
artwork of local artist, Kirsten Anderson. Framing services for the paintings are also proposed.
Color brochures and photographs of the proposed artwork are on file in the Community
Development Department.
Conditional Use Permit 08-01
February 13,2008
Page 2
The applicant is proposing to display artwork on the walls and a hanging easel wall. There will
be one table and chairs in the gallery. The applicant owns and operates two other similar
businesses, "Ridenour Gallery," located in Corona del Mar and "Off the Palette," located in
Costa Mesa. The Ridenour artwork will be on display at these galleries and in Laguna Beach
only. The proposed hours of operation for the use are 10:OO a.m. to 7:00 p.m., Tuesday through
Sunday, and open later during Art Walk events.
The proposed use is consistent with the goals and policies of the Downtown Specific Plan, and
all of the findings can be made for the approval of the proposed business, as specified within the
attached resolution.
RECOMMENDATION:
Staff recommends that the Planning Commission approve
Conditional Use Permit 08-01, subject to the conditions in the attached resolution.
ATTACHMENTS: Exhibit A: Application
Exhibit B: Location MapFloor Plan
Resolution
CITY OF LAGUNA BEACH
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COh?31TlONAL USE PERMIT APPLICATION
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CUP Number
PROPERTY OWNEWAPPLICANT mFORMATION:
Telephone
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Location
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PROPOSED USE:
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JUSTIFICATION:
1. Is this site appropriate for the proposed use in terms of size, parking, storage, wsh, etc.?
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Does this site have adequate street access and on-site parking to handle the traffic generated by the proposed use?
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3.
Is the proposed use compatible with the surrounding land uses? Explain.
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Is the proposed use consistent wah the goals and policies of the ~ o w n t o ~ ~ ~ e Plan
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ArnAVIT:
I hereby certify that all of the above information contained in this application is, to the best of my knowledge and belief, true an
sented and that I have read and
CANT'S~I
GNA TURE
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Chapter 25.05.030 of the Laguna B
EXHIBIT A
Dana %denour
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Dana Ridenour's artistic education began in Florence, Italy where she stated b y
studying drawing and painting at the Michelangelo School of Art. Upon returning
from Europe, she continued studying fine arts for three years Ed the Art Institute of
Southem California. Ms. Ridenour has been an accomplished commercial artist for
the past eight years and has developed a broad range of subject matters from
personal portraits to krtrinsic landscapes.
'Ms. Ridenour has worked extensively for a variety of private collectors and has
accepted commissions from several well known corporations such as Coca Cola,
Hyatt Hotels, MS Society, and Fashion Island in Newport Beach as well as
Hollywood celebrities such as Josie Bissett and Rob Estes . She has also created
large scale murals for several prominent Southern California bistro's that have
become signature pieces in their own right.
Ridenour premiered her Fall 1998 collection entitled 'Les Couleur de Tahii, at a
Bistro 201 affair that was attended by over 300 guest and collectors. A f r u i i of her
extensive travels throughout the Tatibn islands, the collection captured the pure,
historic, and silently ambiguous aura of Polynesian perfection. Of the collections 27
original oils, all but a few have been purchased.
In May of 1999, Ridenour ~penedher first gallery in Newport Beach, Califomia, by
unveiling a new collection of artwork entitled The Beauty of Bali". More surreal and
eclectic than her previous works, the collection encompasses the placid warmth of
the island's hidden secrets and portrays the images in bold, trademark Ridenour
colors. The collection was also premiered in June of 99' at The Four Seasons Hotel
in Newport Beach, with a 200 guest invitation only affair that drew collectors from Bali
and beyond.
"The Last Fall of the Century", is Ridenours most recent body of work. Rich and
provocative, the collection couples the serene tranquillrty of warm late season tones
with the uncertainty of impending change. tt is a departure from the artid more
tropical inspired collections, showing a pallet of change as the artist enters her next
century of work.
P.O.
Box
5409, B a l b o a
tel / fax
l s l a n d ,
CA
949.642.5787
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C?f;
92662
Kir~ten.
Anderson
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Marbled Godwit - Oil on Panel 9" x 12"
ABOUT THE ARTIST:
Misty Morning II
Kirsten Nielson Anderson is a native Californian.
Her subject matter ranges from plein air landscapes and
seascapes to t o still life. A graduate of California State
University Long Beach, she travels extensively throughout
the United States and Europe.
- Oil on Canvas - 30; x 30"
''have
I a spontaneous approach to capturing light and
emotion in my subject matter that has become, for me, a
personal diary of my travels and experiences. I will never
run out of subject matter and painting seems to be an
endless pursuit. "
I n addition to her plein air oils and watercolors, she has
worked with several interior design firms on commercial
projects in Southern California.
Kirsten exhibits at Studio 7 Gallery and has particiapted
in the Balboa Island Artwalk.
Point Fermin Lighthouse
011 on Panel 14" x 11"
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Spring Bouquet
Oil on Panel 16" x 12"
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Catallna Bait Shack - Oil on Panel
- 10" x 14"
STUDIO 7 GALLERY
384-B North Coast Highway Laguna Beach, CA 92651
Open Daily: 11AM to 5PM 949.497.1080 www.studio7gallery.com
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Sunflowers Oil on Canvas
- 30" x 30"
Kirsten Anderson
60 Rivo Alto Canal
a
Long Beach, CA 90803 Tel 562.4341.8322 * Fax 562.434.8202
n n
www.kirstenanderson.com
Kirsten Anderson
Regional Southern California Plein Air Painter
Participant in:
Studio 7 Gallery-John Eagle Owner
Crystal Cove Alliance Invitational years 1999-2004
Crystal Cove Alliance Historic District Store Gallery-2007,2008
Laguna Winterfest 200 1, 2002
Member of Lpapa since 1998
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- .-
KIRSTEN NIELSON ANDERSON
www .KirstenAnderson.com
2008 Crystal Cove Alliance and Historic District regional painter
Painting demonstration and representation
2007
Solo Exhibition "An Endless Pursuit" Taylor Studio, San Diego, Ca
Crystal Cove Alliance representatioddemo painter
California Art Club "Wild Things" Pasadena, Ca
Mission San Juan Capistrano Plein Air Garden Show, SJC, Ca .
Mission SJC Soldiers Barracks Show "Painting the California Landscape"
New York City "Brushes With Italy" Broome St. Gallery, NY
Laguna Plein Air Painters Association "Less is More" LPAPA Studio, Ca
2006
"Best of Show" SoCalPAPA 4" Back Bay Paintout, Newport Beach, Ca
Mission SJC "Painting the California Landscape"
LPAPA Juried Exhibition Laguna Beach, Ca
LPAPA "The Best of Plein Air" Laguna Beach, Ca
2005
Solo Exhibition Ridenour Gallery, Corona del Mar, Ca
Newport Back Bay Paintout "Many Moods of Back Bay" Newport Beach, Ca
Bowers Museum Plein Air Painters Invitational, Santa Ana, Ca
Rancho Los Alamitos "Strokes of Local Color" Long Beach, Ca
Laguna Artist Membership Juried Exhibition, Laguna Beach, Ca
LPAPA "The Best of Plein Air" Laguna Beach, Ca
.
Education
BA, Occidental College, Los Angeles, Ca; BS, CSULB, Long Beach, Ca
Gallery Representation
Crystal Cove Alliance Gallery, Laguna Beach, Ca
Ridenour Gallery, Corona del Mar, Ca
Portico Gallery, Montecito, Ca
Commercial Clients Selection
California Pizza Kitchen, Inc.
Acapulco Restaurants, Inc.
El Torito Resaurants, Inc.
Memberships
Founding Member SoCal Plein Air Painters Association
Laguna Plein Air Painters Association
California Art Club
KlR5TEN NIELSON ANDERSON
My paintings are done
primarily on location in the
traditional style of plein air
painters. I enjoy traveling
with my sketchbook and
palette capturing the
character and beauty of
the landscape.
Beyond the local coastal
and vanishing landscapes
of California, I have traveled and painted on six
continents.
VENICE CANALS
OIL
12" X 12"
Painting on-site best enables me to experience firsthand the
atmosphere of a place and also brings a sense of authenticity to
my work. My paintings have become a penonal diary of my
travels.
Additionally, I work with commercial clients developing concepts
and designs for their projects. My artwork is placed in Acapulco
Restaurants, California Pina Kitchen and Marie Callendan'
locations throughout the United States. Singapore. Malaysia
and the Philippines.
Ad, in any capacity, is a wonderful and enriching experience for
me, shared by my familiy and supported by my friends and
collectors.
For more information on my work and art exhibitions, please visit
www.kirstenanderson.com, ~.sanderlingproductions.comor
www.studio7gallery.com.
KIRSTEN NIELSON ANDERSON
Studio 7 Gallery
384-B North Coast Highway
Laguna Beach.CA 92651
RECEIVED
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
THIS SPACE RESERVED FOR RECORDING
RESOLUTION NO. 08-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAGUNA BEACH
APPROVING CONDITIONAL USE PERMIT 08-01
WHEREAS, an application has been filed by the prospective tenant of property located at
550 South Coast Highway, Suite 4 requesting a Conditional Use Permit in accordance with the
provisions of Municipal Code Section 25.05.030 to establish and operate an art gallery featuring
contemporary impressionist artwork by Dana Ridenour and ancillary original plein air
impressionist paintings by local artists; 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 February 13, 2008;
WHEREAS, the Planning Commission carefully considered the oral and documentary
evidence and arguments presented at the hearing;
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:
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 project has been conditioned to
Conditional Use Permit 08-01
February 13,2008
Page 2
mitigate any such effect; 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.
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 an art gallery featuring original
contemporary impressionist and plein air impressionist artwork 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 District, in which it is
located, and the goals and policies of the Downtown Specific Plan and the City's General Plan in
that art galleries are conditionally permitted uses in the CBD Visitor Commercial Zoning District,
provided that a substantial portion of the merchandise is original or numbered, limited edition
artwork.
5. The Conditions stated in the decision are necessary to protect the public health, safety and
general welfare in that provisions have been included to ensure continued land use
compatibility.
6. A substantial portion of the merchandise is original or numbered, limited edition artwork.
NOW, THEREFORE, BE IT RESOLVED that Conditional Use Permit 08-01 is hereby
granted to the following extent:
Approval to establish and operate an art gallery featuring contemporary impressionist
artwork by Dana Ridenour and ancillary original plein air impressionist paintings by local artists.
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Conditional Use Permit 08-01
February 13,2008
Page 3
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
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 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
Conditional Use Permit 08-01
February 13,2008
Page 4
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
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
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Conditional Use Permit 08-01
February 13,2008
Page 5
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.
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 an art gallery
featuring contemporary impressionist artwork by Dana Ridenour and original plein air
impressionist paintings by local artists 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.
Conditional Use Permit 08-01
February 13,2008
Page 6
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
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 and (b) the use and occupancy of the subject property in accordance
with the project approval.
16. The hours of operation shall be limited to 10:OO a.m. to 7:00 p.m. Tuesday through Sunday
and open until 10:OO p.m. during Art Walk events.
17. A substantial portion (80%) of the displayed merchandise shall be original or numbered,
limited edition artwork.
18. Ancillary merchandise shall be original or numbered, limited edition plein air impressionist
artwork by local artists.
NOW, THEREFORE, BE IT RESOLVED that the above decision was rendered on
February 13, 2008.
ADOPTED this 13th day of February, 2008.
AYES:
Commissioner(s)
NOES:
Commissioner(s)
ABSENT:
Comrnissioner(s)
'
Conditional Use Permit 08-01
February 13,2008
Page 7
ATTEST:
Bob Chapman, Chairperson, Planning Commission
City of Laguna Beach, California
John Montgomery, Director/Comrnunity Development
City of Laguna Beach, California