HomeMy WebLinkAbout20190321_Resolution_PC2019-009RESOLUTION NO. PC2019-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE
PERMIT NO. UP2018-014 FOR A TATTOO STUDIO (PERSONAL
SERVICES, RESTRICTED USE) LOCATED AT 2721 EAST
COAST HIGHWAY, SUITE 104 (PA2018-177)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by E. Art Gallery ("Applicant"), with respect to property located at
2721 East Coast Highway, Suite 104, Assessor's Parcel Number459-171-14 ("Property"),
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/studio within an existing commercial tenant space
("Project".)
3. The Property is designated Corridor Commercial ("CC") by the General Plan Land Use
Element.
4. The Property is located within the coastal zone and is within the CC Zoning District. A
coastal development permit is not required as the Project does not change the intensity of
use at the subject property.
5. A Planning Commission public hearing was held on December 6, 2018, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Ralph M. Brown Act and the
Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing. The Planning
Commission voted (3-2) to adopt Planning Commission Resolution No. PC2018-032
denying Minor Use Permit No. UP2018-014 (PA2018-177).
6. On December 20, 2018, the Planning Commission's decision to deny Use Permit No.
UP2018-014 was appealed by the Applicant. The appeal was filed to review the Facts Not
in Support of Findings in Planning Commission Resolution No. PC2018-032.
7. A City Council public hearing was held on February 26, 2019, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of
the hearing was given in accordance with the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this hearing. The City Council voted
(7-0) to refer the item back to the Planning Commission for further consideration, in
accordance with NBMC Section 21.64.030(C)(3), due to written correspondence
containing new information regarding the Project.
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8. A Planning Commission public hearing was held on March 21, 2019, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Ralph M. Brown Act and the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission 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 Project will allow the operation of a tattoo studio
and art gallery/studio in an existing commercial tenant space.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Findings and Decision), the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistentvi.ith the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan Land Use Element designation for the Property is CC. The CC
designation is intended to provide a range of neighborhood-serving retail and
service uses along street frontages that are located and designed to foster
pedestrian activity. The existing building onsite operates with commercial uses, with
primarily retail and service uses occupying the Property. The Project is consistent
with this designation in that it will add an additional service use to the area.
2. The Property is not part of a specific plan area.
Finding:
B. The use is al/oood Vlithin the applicable zoning district and complies Vlith all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
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1. The Property is located within the CC Zoning District and CC Coastal Zoning
District. Within NBMC Section 20.20.020 (Commercial Zoning Districts Land Uses
and Permit Requirements), the CC District allows Personal Services, Restricted
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uses subject to the approval of a minor use permit. The art gallery/studio component
is permitted by right within the CC Zoning District. Both uses are allowed uses within
the CC Coastal Zoning District pursuant to NBMC 21.20.020 (Commercial Coas1al
Zoning Districts and Land Uses).
2. The existing multi-tenant commercial building is considered legal non-conforming
because the Property does not comply with current off-street parking
requirements. NBMC Sections 20.38.060(8)(1) and 21.38.060(8)(1) allow 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 two hundred fifty (250) square feet of gross area. The
proposed use is acceptable as it does not include an intensification or expansion
of floor area and one parking space is required per every two hundred fifty (250)
square feet of gross floor area.
3. While the Project does include live models, as proposed, live modeling does not
meet the definition of an "adult oriented business" and/or an "adult model studio" as
provided in Section 5.96.01 Oofthe NBMC. A condition of approval has been added
which prohibits an "adult modelstudio"without additionalcompliancewith the Citys
requirements for adult model studios.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible Vlith the
al/oVted uses in the vicinity.
Facts in Support of Finding:
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1. The tattoo studio and art gallery/studio will be located within an existing tenant
space. There is no increase in floor area proposed as a part of the tenant
improvements necessary to convert the existing space into a tattoo studio and art
gallery/studio. The plans have been resubmitted correcting the floor area from
693 square feet to 513 square feet. The change in floor area will not affect the
scope of the Project given that 513 square feet is sufficient for two (2)
workstations and additional conditions of approval limiting hours of operation and
scheduling of appointments.
2. The proposed operation will consist of two (2) workstations. A maximum of two
(2) tattoo artists, registered and licensed by the Orange County Health
Department, will provide the tattooing services.
3. The artists will operate on an appointment-only basis with no "walk-in" services
for tattooing. No designated receptionist will be provided. The hours of operation
for the business will be from 10:00 a.m. to 8:00 p.m., daily. The Project has been
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conditioned to require at least a thirty (30) minute gap between each client
appointment with their respective tattoo artist in order to avoid overlap.
4. 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, various retail sales uses, and fitness studio uses. Its operating
characteristics are similar to other service uses, such as barber and beauty
shops. The tattoo studio aspect of the business is accessory to the art
gallery/studio.
5. The proposed tattoo studio's anticipated number of patrons and related traffic
would be similar to other service uses, such as beauty salons and barber shops;
however, the level of activity would be limited to a greater extent due to the
maximum number of chairs permitted to operate at any time.
6. The proposed tattoo service business will provide a service for residents of the
greater community and visitors to the area and will not require the provision of
additional parking spaces on Property.
7. There are five (5) tattoo studios currently operating within the City: three (3) on
the Balboa Peninsula, one (1) in Newport Shores and one (1) in Newport Heights.
Of the five (5), the nearest is Agape Art Collective, located approximately four (4)
miles away on Old Newport Boulevard. Therefore, the Project would not create
an over-concentration of tattoo service uses within the area.
8. There are no permitted Personal Services, Restricted land uses (i.e., day spas,
healing arts, tanning salons, and tattoo services) within the subject building or
within at least three hundred (300) feet of the Property. Thus, the Project would
not create or continue a concentration of such uses therefore, there is an
adequate dispersal of personal services, restricted land uses.
Finding:
D. The Property is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medicalj
access and public services and utilities.
Facts in Support of Finding:
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1. The is currently operating as a commercial building with mainly service and retail
uses, which demonstrates 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 Property's ability to provide public and
emergency vehicle access and public services and utilities.
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2. The Project will be located in a tenant space within an existing commercial
building and will not involve substantial construction within or outside of the space
with the exception of minor tenant improvements. The design, size, location, and
operating characteristics of the use are compatible with the existing uses on the
Property 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 oould not be detrimental to the harmonious
and orderly grovll:h of the City, or endanger, jeopardize, or otherVLise constitute a hazard
to the public convenience, health, interest, a safety, or general oo/fare of persons residing
oroorking 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 Property 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 studio will be subject to inspections to ensure it maintains proper
sanitary facilities and that it meets all health regulations prior to issuing a permit
through the County's permitting process. The Orange County Health Department
inspections take place after the applicant receives zoning approval from the local
jurisdiction.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves UP2018-014,
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 is
adopted, unless within such time an appeal or call for review is filed with the City Clerk
in accordance with the provisions of NBMC Chapter 20.64.
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PASSED,APPROVED,AND ADOPTED THIS 21sr DAY OF MARCH, 2019.
AYES: Ellmore, Kramer, Weigand, and Zak
NOES: Lowrey
ABSTAIN: None
ABSENT: Kleiman and Koetting
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The tattoo component shall remain as an ancillary use to the primary use as an art
gallery/studio.
3. The hours of operation for the business shall be limited to 10:00 a.m. to 8:00 p.m., daily.
4. Tattoo services shall be scheduled byappointmentonlyand no oolk-in customers shall be
accepted.
5. There shall be no appointments accepted after 7:00 p.m., daily.
6. To avoid overlapping appointments and minimize parking demand, a minimum of thirty
(30) minutes shall be provided berneen the individual tattoo artist's appointments.
7. A maximum of fvlo (2) tattoo artists shall operate at one time.
8. Each artist shall be registered and licensed wth the Orange County Health Department.
Saic:f license shall be made available upon request of the City's Code Enforcement
Division at any time.
9. Any/al/ tattoo services shall be conducted at one of the tattooing stations (f:VLO (2) total
provided) as depicted on the floor plan.
10. No seating shall be provided outside of the tenant space. Patrons and employees shall
not congregate in any outdoor areas.
11. All proposed signs shall be in conformance wth the provisions of NBMC Chapter 20.42
(Sign Standards).
12. Use Permit No. UP201 B-014 shall expire unless exercised wthin rnenty four (24) months
from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension
is otherwse granted.
13. There shall be no unaccompanied minors present in the tenant space Vlhile body art
appointments take place.
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14. Any activity that meets the definition of ''Adult model studio" provided in NBMC Chapter
5.96 (Adult Oriented Business) shall be prohibited.
15. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
16. 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.
17. This Use Permit may be modified or revoked by the Planning Commission if determined
that the proposed uses 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.
18. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
19. 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.
20. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three (3) 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.
21. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
22. 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 twenty (20) feet of the premises.
23. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of NBMC Title 14, including all future amendments (including Water
Quality related requirements).
24. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
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media broadcast, or any other activities as specified in the NBMC to require such
permits.
25. This approval shall expire and become void unless exercised within twenty four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of NBMC Title 20 Planning and Zoning.
26. 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,
representatives, volunteers, 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 E Art Gallery including, but not
limited to, Use Permit No. UP2018-014 (PA2018-177). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by Applicant, City, and/or the 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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