HomeMy WebLinkAbout10_Ink Yard Tattoo Studio and Art Gallery No. PA2017-062 �evEW�'Qr
@t^y COMMUNITY DEVELOPMENT DEPARTMENT
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100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
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www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 15, 2017
Agenda Item No. 10
SUBJECT: Ink Yard Tattoo Studio and Art Gallery (PA2017-062)
SITE LOCATION: 3413 Newport Boulevard
• Minor Use Permit No. UP2017-006
APPLICANT: Emilio Flores
OWNER: Newport Lido, LLC
PLANNER: Benjamin M. Zdeba, AICP
949-644-3253, bzdeba@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT/COASTAL
• General Plan: Corridor Commercial (CC)
• Zoning: Commercial Corridor (CC)
• Coastal Land Use: Commercial Corridor (CC-A)
• Coastal Zoning: Commercial Corridor (CC)
PROJECT SUMMARY
A minor use permit to allow the establishment of a tattoo studio (Personal Services,
Restricted land use) in conjunction with an art gallery within an existing commercial tenant
space.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. — approving Minor Use Permit No.
UP2017-006 (Attachment No. ZA 1).
1
Ink Yard Tattoo Studio and Art Gallery Minor Use Permit
Zoning Administrator, June 15, 2017
Page 2
DISCUSSION
• The subject property consists of a multi-tenant commercial building located just
south of the intersection of Via Lido and Newport Boulevard. The single-story
building is comprised of four tenant spaces, which are currently occupied by a
martial arts studio, a food service use, an interior design office, and the proposed
Ink Yard Tattoo Studio and Art Gallery.
• The General Plan Land Use Element designation for the site is CC. The CC
designation is intended to provide for areas appropriate for a range of neighborhood-
serving retail and service uses along street frontages that are located and designed
to foster pedestrian activity. The proposed project is consistent with this designation
in that it will add an additional personal service use to the area. The inclusion of a
tattoo art gallery component (e.g., canvas art, etc.) at the storefront will help to
promote pedestrian activity through visible window display and visual interest.
Privacy barriers will be used during tattooing sessions as necessary.
• The proposed use is permitted with the approval of a minor use permit in the CC
Zoning District per NBMC Section 20.20.020 (Commercial Zoning Districts Land
Uses and Permit Requirements) and is allowed in the CC Coastal Zoning District
per NBMC Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses).
• The proposed use includes two workstations and operates primarily by
appointments with very limited "walk-in" service. The requested hours of operation
are between 10 a.m. and 10 p.m., daily. The remainder of the tenant space
accessible to patrons will serve as a waiting area and art gallery.
• The use is a service that is complementary to the other uses in the commercial
building. Its operating characteristics are similar to other service uses that are
permitted by right such as barber and beauty shops.
• Currently, there are three tattoo studios operating within the City: one in Newport
Shores and two on the Balboa Peninsula. The nearest similar use is Newport
Tattoo located approximately a half-mile south on Newport Boulevard; therefore,
staff believes the approval would not create an overconcentration of tattoo service
uses within the area.
• Tattoo studio operators and artists are required to register with the Orange County
Health Department and are regulated by the California Safe Body Art Act, which
was enacted July 1, 2012, to ensure safe operating procedures are practiced. The
primary artist is registered with the Orange County Health Care Agency. The studio
will be subject to inspections to ensure it maintains proper sanitary facilities and
that it meets all health regulations.
Tmp1r.01/12217
Ink Yard Tattoo Studio and Art Gallery Zoning Minor Use
Permit Administrator, June 15, 2017
Page 3
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities).
This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed project will allow the operation of a tattoo studio and
art gallery in an existing commercial tenant space.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
B in Zdeba, AICP
Associate tanner
JWC/bmz
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant's Project Description and Justification
ZA 4 Project Plans
Tmp1r.01/17/17
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2017-006 FOR A TATTOO STUDIO (PERSONAL
SERVICES, RESTRICTED USE) LOCATED AT 3413 NEWPORT
BOULEVARD (PA2017-062)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Emilio Flores, with respect to property located at 3413 Newport
Boulevard, and legally described as Parcels 2 and 3 as shown on Exhibit A, attached to
Lot Line Adjustment N.B.L.L.A. 80-1, recorded April 10, 1981 as Instrument No. 81-12616
in Book 14016, Page 73 of Official Records of Orange County, California, requesting
approval of a minor use permit.
2. The applicant proposes a tattoo studio (Personal Services, Restricted land use) in
conjunction with an art gallery within an existing commercial tenant space.
3. The General Plan Land Use Element designation for the subject property is Corridor
Commercial (CC) and it is located within the Commercial Corridor (CC) Zoning District.
4. The Coastal Land Use Plan category is for the subject property is Commercial Corridor
(CC-A) and it is located within the Commercial Corridor (CC) Coastal Zoning District.
5. A public hearing was held on June 15, 2017, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities)of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2. The Class 1 exemption includes the ongoing use of an existing building where there is
negligible or no expansion of use. The proposed project will allow the operation of a
tattoo studio and art gallery in an existing commercial tenant space.
5
Zoning Administrator Resolution No. ZA2017-###
Page 2 of 6
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020(F) (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan Land Use Element designation for the site is CC. The CC
designation is intended to provide for areas appropriate for a range of
neighborhood-serving retail and service uses along street frontages that are located
and designed to foster pedestrian activity. The proposed project is consistent with
this designation in that it will add an additional personal service use to the area.
2. The inclusion of a tattoo art gallery component at the storefront will help to promote
pedestrian activity through visible window display and visual interest. Privacy
barriers will be used during tattooing sessions as necessary.
3. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The site is located within the CC Zoning District consistent with the General Plan
Land Use Element. See Fact in Support of Finding Al.
2. Within Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of the Zoning Code, the CC District allows Personal Services,
Restricted uses subject to the approval of a minor use permit.
3. The existing multi-tenant commercial building was constructed prior to off-street
parking requirements in the Municipal Code; thus, it is considered legal
nonconforming. NBMC Section 20.38.060(B)(1) allows a nonconforming use to
change to a new use without providing additional parking given there is no
intensification or enlargement and the new use requires no more than one
parking space per 250 square feet of gross area. The proposed project is
acceptable as it does not include an intensification or expansion of floor area and
is required one parking space per every 250 square feet of gross floor area.
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Zoning Administrator Resolution No. ZA2017-###
Page 3 of 6
4. The project site is located within the CC Coastal Zoning District. Table 21.20-1 of
NBMC Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses)
notes that a Personal Services, Restricted use is allowed ("A") within the CC
Coastal Zoning District.
5. As the proposed project is the operation of a tattoo studio and art gallery in an
existing commercial tenant space and there is no intensification of use or change
to the parking requirement, a Coastal Development Permit is not required.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The tattoo studio and art gallery will be located within an existing, approximately
1,200-square-foot tenant space. No increase in floor area and no further
improvements are proposed.
2. The proposed operation will consist of two workstations. A maximum of two tattoo
artists registered and licensed by the Orange County Health Department will
provide the tattooing services. The artists will operate mostly by appointments
with very limited "walk-in" services. No designated receptionist will be provided.
The hours of operation for the business will be 10 a.m. to 10 p.m. daily.
3. The proposed tattoo studio use is a service use that will be complementary to the
other uses in the commercial building and surrounding area, which include food
service, retail sales, a beauty shop, and an art gallery. Its operating
characteristics are similar to other service uses such as barber and beauty shops.
4. The proposed tattoo service business will provide a service for residents of the
neighborhood and visitors to the area and will not require the provision of
additional parking spaces on site.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
1. The project site has demonstrated that it is physically suitable to support the
existing commercial development. The addition of a tattoo studio use within an
existing commercial building will not alter the site's ability to provide public and
emergency vehicle access and public services and utilities.
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Zoning Administrator Resolution No. ZA2017-###
Page 4 of 6
2. The proposed project will be located in a tenant space within an existing
commercial building and will not involve any additional improvements of the
space. The design, size, location, and operating characteristics of the use are
compatible with the existing uses on the site and within the surrounding area.
3. The Public Works Department and Building and Life Safety Services Divisions
have reviewed the project proposal and did not have any concerns regarding
access, public services, or utilities provided to the existing development.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, a safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The project has been reviewed and this approval includes conditions to establish
the permitted hours of operation and the maximum number of tattoo artists
allowed to operate on site at any one time.
2. Tattoo studio operators and artists are required to register with the Orange
County Health Department and are regulated by the California Safe Body Art Act,
which was enacted July 1, 2012, to ensure safe operating procedures are
practiced. The primary artist is registered with the Orange County Health Care
Agency. The studio will be subject to inspections to ensure it maintains proper
sanitary facilities and that it meets all health regulations.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2017-006, subject to the conditions set forth in Exhibit"A," which is attached hereto
and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JUNE, 2017.
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2017-###
Page 5 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval. (Except as modified by applicable
conditions of approval.)
2. The hours of operation for the business shall be 10 a.m. to 10 p.m., daily.
3. There shall be no appointments or walk-in customers accepted after 9 p.m., daily.
4. The number of tattoo artists operating at one time shall be limited to two, and each artist
shall be registered and licensed with the Orange County Health Department. Said
license shall be made available upon request of the City's Code Enforcement Division
at any time.
5. All tattoo services shall be conducted at "Station 1" or "Station 2" as depicted on the
floor plan dated April 17, 2017.
6. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the Conditions of Approval.
7. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
8. This Minor Use Permit may be modifiiee8 or revoked by the Zoning Administrator if it is
determined that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
9. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs)
of the Newport Beach Municipal Code.
10. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
11. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
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Zoning Administrator Resolution No. ZA2017-###
Page 6 of 6
12. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this Minor Use Permit or the
processing of a new use permit.
13. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
14. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
15. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
16. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of the Ink Yard Tattoo Studio and Art Gallery Minor Use Permit including, but not
limited to, Minor Use Permit No. UP2017-006 (PA2017-062). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attomeys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/orthe parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys'fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
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Attachment No. ZA 2
Vicinity Map
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Beach Disclaimer: Every reasonable effort has been made to assure the
accuracy of the data provided,however,The City of
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disclaim any and all responsibility from or relating to
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Attachment No. ZA 3
Applicant's Project Description and
Justification
13
Business Description
The Ink Yard Tattoo Studio and art gallery has a state of the art approach to providing
body art to the public. We strive to be a pioneer in 100% disposable, single service
tattoo procedures in order to completely eliminate any risk of cross contamination and to
provide a hospital grade environment. The Ink Yard Tattoo Studio will also be a
community based art gallery, showcasing local artists, paintings , illustrations as well as
being a family- friendly body art facility; including temporary henna and airbrush body
painting.
The Studio will have a comfortable waiting area and art gallery complete with leather
couches and chairs, but a majority of the studio will be dedicated to providing body art
with precision and professionalism. The procedure area will be laminate wood flooring.
All walls will be painted with washable acrylic paint. The studio is a total of 1300 SQFT,
with 25% dedicated to work stations and 75% waiting area and art gallery. All artist and
client chairs, massage tables, and any other tattoo furniture will be upholstered in black
vinyl to be disinfected after every procedure.
The Studio will accommodate up to four artists working side by side and one private
tattoo room. The hours of operation will be from 11:OOAM to IO:OOPM. No
appointments will be taken after 9:OOPM to insure that the Studio closes promptly at
10:OOPM, 7 days a week. All legal holidays will be observed. All customers will be
seen by appointment only and no more than one waiting customer per artist will be
allowed in the lobby.
All artists will be licensed by Orange County health department and the facility will
surpass all city and health codes. We will be an up-scale luxury art studio catering to a
wide variety of customers of all ages, young and old. No one under the age of 18 years
old will be allowed to enter,browse, or loiter at any time without being accompanied by a
parent and a government issued identification will be required for any procedure, no
exceptions. Special military and law-enforcement discounts will be provided.
The surrounding businesses directly next to the proposed location include a hair salon,
design studio, and a mexican restaurant. The Ink Yard Tattoo Studio would definitely
attract more customers to local merchants and the area in general. The genre of the
shopping center would support our business as well. We will provide a safe environment
for all to enjoy a quality piece of art by an expert artist.
The Ink Yard Tattoo Studio has an experienced staff with a wide range of diverse artistic
styles. With a unique approach to business management and more structure than a
traditional tattoo parlor, we would like to exhibit the highest level of professionalism and
safety.
1-�
Attachment No. ZA 4
Project Plans
15
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FOOT TRAFFIC t t
FROM NORTH
PARKING LOT
FROM SOUTH
PARKING LOT
SITE PLAN DRAWN BY DATE
PEDESTRIAN PATHS OF TRAVEL EMILIO FLORES amm
3413 NEWPORT BOULEVARD
CHECKED SCALE SHEET NO.
INK YARD TATTOO ART GALLERY LT NTS t
1(0
EMERGENCY
A IC
ACCESS
BREAK
AREA
HS Sp Ff.
CRESTROOM
4'H'xr2^
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OFFICE
SPACE STORAGE
1525p.Fi. ROOM
9'9-x17'2.
140I
STATION STATION
2
WORKSPACE
325 SO.FT.
FRONTLOBBV IN REFERENCE TO,
370 Sp.FT. MINOR USE PERMIT NO.UP2017406
AND CONDITIONS OF APPROVAL
NO PUNNED CONSTRUCTION
NO EXISTING FIRE SPRINKLERS
TENANT TO INSTALL SMOKE ALARMS
AND FIRE EXTINGUISHERS
NO SPRAYING OF PRODUCTS
4TXP WILL BE CONDUCTED ON SITE
DISPLAY CASES
PRODUCTS THATARE TO BE STORED ARETHOSE
TYPICAL OF TATTOO STUDIOS SUCH AS
BUT NOT LIMITED TO:
STANDARD CLEANINGIOI5INFECTANT SUPPLIES
STOREFRONT -NON-COMBUSTABLE TATTOO INKS
8 ENTRY
STORAGETYPES:
OPEN SHELVES IN HEIGHT
UNDER-COUNTER CABINETS
O
NMWNBY OPTE
FLOOR PLAN
3413 NEWPORT BOULEVARD EMILIO FLORES 411117
1174.75 SQ.FT
..K. scsss snssTNo.
INK YARD TATTOO ART GALLERY
LT NT5 I
17