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Home My WebLink About12 - Appeal of Planning Commission's Denial of a Minor Use Permit for E. Art Gallery (PA2018-177) - Appeal PaperworkIP0,V Appeal Application v City Clerk's Office v Z 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 0141 F0 9 949-644-3005 Clerk's Date & Time Stamp ECEIVED 70118 OR 24 PM 4., 0O Appeals are time sensitive and must be received by the City Clerk specified tim6l�efrr�totRiion or final action by a decision -maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: ❑ Community Development Director Action to the Planning Commission - $1,637 ❑ Zoning Administrator Action to the Planning Commission - $1,637 ! Planning Commission Action to the City Council - $1,637 ❑ Hearing Officer Action to the City Council - $1,637 ❑ Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1,637 ❑ Chief of Police Action on an Operator License to the City Manager - $710 ❑ City Manager Action on a Special Events Permit to the City Council - $1,639 ❑ Harbor Resources Manager Action on a Lease/Permit to the Harbor Commission - $100 ❑ Harbor Resources Manager Action to the Harbor Commission - Hourly Cost ❑ Harbor Commission Action to the City Council - Hourly Cost ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s):, Address: o uNi3� m,15. w � YE City/State/Zip: C,,OSi Pt M SR , C RI i F ��N '�� , ZLO-�_l Phone: �;� T S' S `� Email: (Art 0� qmm � . cum Appealing Application Regarding.- Name egarding: Name of Applicant(s): E f�� 1 Date of `Final Decision: ��C ,, �U —, Project No.: P N 201 r� Activity No.: V ? �,� 1, � '-0 1A 1� Application Site Address: MA L_ C OA`jJ �A\ 0 <W �_% 1V+ Cb" . (_{\ qzb el Description of application: RXISUVO V!R1 ( .v t)` Reason(s) for Appeal (attach a separate sheet if necessary) Signature of Appellant: FOR OFFICE USE ONLY: DI.t ppeal filed a d Administrative Fee received i Ila Cit lerk cc: Department Director, Deputy Director, Staff, File Cashier Code: CDD004 (Harbor Appeals HBR001) ,Vk l'�_L6� 20d. F:IUserslClerklSharedlFormsOppeal Application Updated 12/14/2018 RECEIVED Reasons for Appeal 1018 OFT 20 PM q. 09 E Art Gallery has been denied by the Planning Commission to obtain a Minor Use Permit for Tattoo Services (Personal Services, Restricted Land Use) on December 6th, 2018. Cgs@liners who were in opposition didn't give elaborate reasons for denial and wrongly dem R�evidence. Savaanah Gallegos, owner of E Art Gallery, is appealing to City Council dine t6 1. 019RE-Neeption of the business and unclear reasons spoken during the Public Hearing. Parking and incompatibility with surrounding businesses were main issues, as well as art classes consisting children, present during tattoo appointments. Parking is a main concern for every business in Corona del Mar. E Art Gallery is controlling the parking by setting restrictions; hence prohibited Walk-ins, Appointment only, No Piercing, strict business hours (10 AM- 8 PM), and restrictions on the number of artists to be allowed to tattoo at once (2 artists) set by Savaanah and Staff conditions of approval. These restrictions allow control of the parking in that area, where if a similar business (hair salon, art gallery, barber shop, etc.) could potentially occupy the same space and have unlimited amount of staff and clients at once. (I.E.) "Rockstars of Art" is an Art Gallery in Corona Del Mar, half a mile from E Art Gallery, whom also doesn't have designated parking and, by right, is not controlled by strict business hours or restricted amount of staff, which allows that business to bring in any amount of people for any event, at any time. (I.E.) The previous "tattoo studio" Agape Art Collective, approved for a minor use permit recently in 2018, was often compared to E Art Gallery. Agape was approved with similar staff recommendations, although their parking is only 30 minutes, where E Art Gallery's parking is open and unlimited, unless street sweep hours are occurring. There were comments made by Chairman Kleiman and Koettling about incompatibility to surrounding businesses, "I can't make the findings on compatibility in this area." Both owners of E Art Gallery conducted personal, public outreach, by petition, and received over 60+ approval signatures in Corona Del Mar, within just two days, including all neighbors in the same building (all petitions are attached to official planning commission staff report). To my understanding, E Art Gallery is compatible with other businesses in this area, especially considering staff recommendations of approval and findings. The location is completely obscure from the public and business signs will be very miniscule and inconspicuous. There are many personal services; cosmetology offices, hair salons, nail salons, yoga, healing arts and massage parlors in the surrounding area, which are mostly by appointment only and similar business hours, with no parking structure. Comment also made by Koettling, "I think it will, -1 think it could bring the wrong element." This assumption was unclear as to what he meant, discriminatory or not. Under Federal Law, tattooing is a "Form of pure expression" protected by our First Amendment Right, and over 45 Million people in the United States have tattoos. E Art Gallery is not in favor of the 'undesirables' Koettling is referring to, otherwise E Art Gallery would easily open business in an undesirable place such as Los Angeles, Las Vegas or any other similar, open city. Corona del Mar is an ideal environment, as it is quiet and peaceful, and all staff of E Art Gallery will maintain the high-class, professional image. Savaanah and Edgar spoke to all surrounding neighbors and received no complaints of loitering, loud noise or music, or anything to detriment the city in the nine months they've been leasing this location, and they will continue to maintain this presence. Comment made by Commissioner Kory Kramer, "You can make the same argument that personal bias should not enter in to your decision in terms of this as well, like I said I am in favor of given the data we have received.... " E Art Gallery will offer small, intimate art classes consisting of up to 7 artists and one model. One-on-one art classes will also be offered. To alleviate concerns about children, present during tattoo appointments, Savaanah is willing to take on additional conditions of approval; No tattoo appointments during art classes of any type. Unaccompanied minors (people under 18) are not permitted in the establishment during tattoo appointments. In conclusion, E Art Gallery will abide by all health codes set by Orange County Health Department, state laws, and regulations set by the city of Newport Beach. S 11'1' (e, f � Scwactn.� ta'3o�r8 City of Newport Beach Revenue 100 Civic Center Dr. Newport Beach, CA 92669 949-644-3141 Welcome 004908-0007 Meg W. 12/20/2018 04:16PM MISCELLANEOUS Description: CDD004 ZONING & SUBDIVISION FEES (CDD004) CDD004 ZONING & SUBDIVISION FEES (CDD004 2019 Item: CDD004 1.00 @ 1,637.00 CDD004 ZONING & SUBDIVISION FEES (CDD004) 1,637.00 -------------- 1,637.00 Subtotal 1,637.00 Total 1,637.00 CASH 1,637.00 -------------- Change due 0.00 Paid by: SAVAANAH GALLEGOS Comments: PLANNING COMMISSION ACTION PA2018-177 Thank you for your payment City of Newport Beach COPY DUPLICATE RECEIPT