HomeMy WebLinkAbout20181206_PC MinutesNEWPORT BEACH PLANNING COMMISSION 12/06/2018
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Commissioner Koetting liked the setbacks along the streets because proper tree sizes can be planted in the larger
space.
Vice Chair Weigand opened the public hearing.
Dorothy Kraus, SPON Vice President, remarked that SPON prefers projects of this scale and scope be considered
after the City updates its General Plan and creates a specific plan for the Airport Area. The Newport Crossings
team has been open to dialog and willing to apply feasible solutions to issues of mutual interest. SPON will
continue to interact with the team to address issues.
Linda Tang, Kennedy Commission, urged the Planning Commission to support the project. The project will provide
much-needed affordable homes for lower-income households. The development will provide a community benefit
and ease housing needs for low-income households.
Greg Endsley commented that he worked with many business owners in selecting an office space. A key
consideration for business owners is housing for their employees. Businesses will welcome the project because
of its location in the area and the supply of housing.
Carol Dru expressed concern regarding the children of the project attending Newport Beach schools. The park
will have little space for the tot lot and play areas.
Jodi Estwick, People for Housing Orange County, encouraged the Planning Commission to approve the project
as the project complies with requirements. The City of Newport Beach needs more housing units.
Rick Roshan expressed concern regarding the number of parking spaces provided by the project as on-street
parking is not allowed in the area.
Vice Chair Weigand closed the public hearing.
In response to comments, Planner Murillo reported any students residing within the project will attend schools in
the Santa Ana Unified School District. The City requires 2.5 parking spaces per unit in a multifamily development
containing more than four units. Without the density bonus, the project would be required to provide 875 spaces.
Under the State Density Bonus Law, the applicant may request a reduced parking ratio, and the City has to grant
the request. Under the reduced parking ratios, the applicant is required to provide one parking space per studio
or one-bedroom unit and two spaces per two-bedroom unit, which equates to 474 parking spaces for the project.
The applicant proposes 661 parking spaces.
Vice Chair Weigand concurred with Commissioner Kramer's comments regarding the project. He commended
the project team for engaging with community members.
Commissioner Koetting advised that he read most of the DEIR and was amazed that the project had few
environmental impacts.
VIII. PUBLIC HEARING ITEMS
ITEM NO. 3 E ART GALLERY (PA2018-177)
Site Location: 2721 East Coast Highway, Suite 104
Summary:
A request for a minor use permit to operate a tattoo studio (Personal Services, Restricted land use)
and art gallery with art classes, within an existing commercial tenant space. Proposed hours of
operation would be 10:00 a.m. to 8:00 p.m. daily.
Recommended Action:
1. Conduct a public hearing.
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines because it has not potential to have a
significant effect on the environment; and,
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3. Adopt Resolution No. PC2018-032 approving Minor Use Permit No. UP2018-014.
Principal Planner Gregg Ramirez reported the applicant requests a minor use permit to establish an art
studio/gallery with a tattoo component in an existing tenant space of a two-story, multi-tenant commercial building.
There is no onsite parking for the site. Because the proposed use has a parking ratio of one parking space per
250 square feet of floor area, the use is allowed without a parking waiver. The property is located in a Commercial
Corridor Zoning District and is surrounded by Public Institutions (PI) and R-2 Zoning Districts. The art studio/gallery
is permitted by right within the Commercial Corridor Zoning District, but the tattoo component requires approval of
a minor use permit. Proposed hours of operation are 10:00 a.m. to 8:00 p.m. daily. The use would offer art
instruction and classes and tattoos by appointment only with a maximum of two artists. Appointment-only tattoos
and the maximum number of 2 tattoo artists are recommended conditions of approval. The multi-tenant
commercial building houses fitness studio, office, retail, and other personal services uses. Adjacent properties
have retail clothing, personal services, physical therapy, and general office uses. The tenant space is not visible
from Coast Highway. In 2010, a federal appeals court ruled that tattoos and tattooing are forms of pure expression
and fully protected by the First Amendment. Therefore, a ban on this type of land use is unconstitutional. A city
can place some restrictions on the use but cannot ban the use. The California Safe Body Art Act is regulated by
the County. The Newport Beach Zoning Code categorizes tattoo as a personal service, restricted and requires
the approval of a minor use permit. One consideration in reviewing tattoo uses is other similar uses in the area or
the proximity to other uses. The proposed project would be the first tattoo use in the Corona del Mar area. Staff
recommends the Planning Commission conduct a public hearing, find the project exempt from CEQA, and approve
minor use permit 2018-014.
Savannah Gallegos, applicant, proposed the expansion of E Art Gallery to provide body art tattoo services. She
has leased the site for eight months and utilized the space for painting, drawing, and conducting small consultations
for art. The studio will continue to offer painting classes and to create art commissioned through various media.
Business will be conducted privately and by appointment only between 10:00 a.m. and 8:00 p.m. Sunday through
Saturday. Only two artists will tattoo at one time, and any walk-in customers will be scheduled for an appointment
to come back at a later date. She plans to schedule two art classes per month with five to seven artists and one
model. Each class will be scheduled for three hours, and no body art appointments will be scheduled during art
classes. One-on-one art classes will be available and will be scheduled for a maximum of two hours. Art shows
will be scheduled once or twice a month as invitation-only or RSVP-only viewings. Currently, five tattoo shops are
located in Newport Beach. The closest tattoo shops are located 4.5 miles north and almost 5 miles south of the
project site, which indicates there is no saturation of tattoo services in Corona del Mar. Her clients are
recommended by referral and word of mouth. She has not used social media and foot traffic as tools to increase
her clientele, but she has used social media for portfolio purposes. Children under 18 years of age are not
permitted in the studio during tattoo appointments unless accompanied by a parent or legal guardian. Drugs and
alcohol are prohibited in the studio. She has obtained more than sixty signatures of support and an enormous
amount of positive feedback regarding her business. She has spoken with her landlord and businesses in the
building and received no complaints regarding noise or loitering. She accepts staff's recommendations.
Commissioners disclosed no ex parte communications.
In response to Commissioners' queries, Ms. Gallegos advised that she is not tattooing in Newport Beach currently
but utilizing the project site as an art studio. Regarding the proposed appointment only aspect of the tattoo portion
of the business she explained that if a potential customer walks in for a tattoo, she will provide a brief consultation
of 5-10 minutes and schedule an appointment at a later time for the tattoo. Deputy Community Development
Director Campbell confirmed that tattoos were scheduled by appointment only in the Agape Studio application for
a tattoo use. Ms. Gallegos explained that tattoos can be performed with metal equipment, which requires a sanitary
station to clean the equipment. She prefers to use plastic equipment that can be placed in the trash. Signage will
not advertise tattoos but will list the business name. Mr. Ramirez indicated the Zoning Code allows uses on the
site when there is nonconforming parking or no onsite parking as long as the uses have a parking requirement of
one parking space per each 250 square feet of floor area. Retail, office, and personal services uses are allowed
on the site by right, and the City cannot condition the number of seats, the number of employees, or appointment-
only services for those uses.
Commissioner Kleiman felt the Planning Commission set a precedent for art studios with a tattoo component to
open anywhere in the City. The lack of parking is a pervasive problem in Corona del Mar. Commissioner Kleiman
was having difficulty making Findings 3 and 5.
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Secretary Lowrey suggested the conditions of approval include a prohibition for minor children being on the
premises without a parent or legal guardian when tattoos are being performed.
Vice Chair Weigand opened the public hearing.
Lindsay Leer [phonetic] supported an art studio use but not a tattoo use. The information does not state the
frequency that tattoos will be performed. Parking is an issue in Corona del Mar. Children should not be exposed
to tattooing.
Vice Chair Weigand closed the public hearing.
Commissioner Kleiman noted Sherman Library and Gardens, which is near the project site, holds many family and
children events. She was having difficulty finding the project consistent with surrounding uses.
In reply to Vice Chair Weigand's inquiry, Deputy Community Development Director Campbell advised that the
conditions of approval for E Art Gallery are identical to the conditions of approval for Agape Studio.
Commissioner Kramer remarked that societal acceptance of tattoos and the environment of a tattoo business have
changed. The same issues were discussed with Agape Studio's application. Tattoo businesses are not currently
located in Corona del Mar; however, the lack of tattoo businesses does not mean one would not be compatible in
the neighborhood. The conditions of approval are strict. Multiple jurisdictions regulate tattoo businesses. The
hours of operation are reasonable. He could make the findings for the application. The conditions of approval
accurately reflect the discussions with the prior application. The application fits the criteria contained in the
Municipal Code and is fair and reasonable with respect to the Planning Commission's prior approval of a similar
business in a different location of the City.
Commissioner Koetting was struggling with the application as well. The location is wrong for a tattoo business
because it could attract the wrong element. Five tattoo businesses are located within 4-5 miles of the project site.
The tattoo component appears to be an afterthought. He could not make the findings for compatibility with the
area.
Motion made by Commissioner Kleiman and seconded by Secretary Lowrey to adopt Resolution No. PC2018-
032 denying Minor Use Permit No. UP2018-014.
Vice Chair Weigand commented regarding the absence of two Commissioners. The Planning Commission
does not have the ability to make a full decision on the application. The Planning Commission has approved
one minor use permit for a tattoo use that was closer to other tattoo establishments than the current project
site. The project is the most discrete project he has seen for any location.
Substitute Motion by Vice Chair Weigand and seconded by Commissioner Kramer to continue the item until
all Commissioners are present.
Commissioner Kleiman stated the precedents being set are approval of all applications for tattoo uses that are
similar to the current application and continuance of an item when Commissioners are absent.
Commissioner Kramer noted the same argument could be made that personal bias should not enter into a
decision. Given the data presented and the parameters for decisions, he could support approval of the
application.
Vice Chair Weigand supported the application because of the appointment-only nature of the business, the
limited operating hours, and the obscurity of the location. There should not be any personal bias in relation to
a tattoo establishment. Protections are in place for those who wish to obtain a tattoo.
Commissioner Kleiman clarified her objections as being based on the use not being consistent with
surrounding uses and on the lack of parking in the area.
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Substitute Motion
AYES: Weigand, Kramer
NOES: Lowrey, Kleiman, Koetting
ABSTAIN: None
ABSENT: Zak, Ellmore
Motion
AYES: Lowrey, Kleiman, Koetting
NOES: Weigand, Kramer
ABSTAIN: None
ABSENT: Zak, Ellmore
The Planning Commission recessed at approximately 5:48 p.m. and reconvened at 6:11 p.m.
ITEM NO. 4 HARBOR POINTE SENIOR LIVING (PA2015-210)
Site Location: 101 Bayview Place
Summary:
The applicant proposes to demolish an existing 8,800-square-foot restaurant building (Kitayama) and
construct a new 120-bed Residential Care Facility for the Elderly (i.e., senior assisted living and memory
care). The new facility would be approximately 85,000 square feet with three stories above a subterranean
parking garage. The project site is 1.5 acres and is located at the corner of Bayview Place and Bristol
Street. In order to implement the project, the applicant requests the following approvals from the City of
Newport Beach:
General Plan Amendment (GPA)–To change the land use designation for the property from General
Commercial Office (CO-G) to Private Institutions (PI) and to amend Anomaly No. 22 to replace the
existing allowed development limits of 8,000 square feet for restaurant use for 70,000 square feet for
office use with 85,000 square feet for a Residential Care Facility for the Elderly (RCFE).
Planned Community Development Plan Amendment (Zoning)–To change the land use
allowances and development standards for Area 5 of the Bayview Planned Community (PC-32)
Zoning District to accommodate the proposed RCFE use.
Major Site Development Review–To ensure the site is developed in accordance with the General
Plan and applicable planned community and zoning code development standards and regulations
pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080 (Site Development Reviews).
Conditional Use Permit–To allow the operation of a 120-bed RCFE.
Development Agreement–A development agreement providing development rights in exchange for
public benefits.
Environmental Impact Report (EIR)–To identify and mitigate reasonably foreseeable environmental
impacts resulting from project approval pursuant to the California Environmental Quality Act (CEQA).
Recommended Action:
1. Conduct a public hearing;
2. Adopt Resolution No. PC2018-033 and attached exhibits recommending the City Council:
a. Certify Environmental Impact Report No. ER2018-001; and
b. Approve General Plan Amendment No. GP2015-004, Planned Community Development
Plan Amendment No. PD2015-005, Major Site Development Review No. SD2015-007,
Conditional Use Permit No. UP2015-047, and Development Agreement No. DA2018-006.
Associate Planner Benjamin Zdeba reported the site is currently developed with the Kitayama restaurant and
is located south of the 73 freeway. John Wayne Airport is located northwest of the site, and Fletcher Jones
and the Marriott hotel are located southeast of the site. Six-story and three-story office buildings, single-story
single-family residences, two-story condominiums, and an eight-story hotel are located around the site. The
General Plan land use designation for the site is General Commercial Office (CO-G), and the site is located
within Area 5 of the Bayview Planned Community Zoning District. The applicant proposes a 120-bed,
approximately 85,000-square-foot Residential Care Facility for the Elderly (RCFE) of three stories over
subterranean parking. The structure, as proposed, complies with the maximum height limit of the Bayview
Planned Community. The applicant proposes 53 parking spaces, which exceeds the 40 parking spaces
required by the Zoning Code, a 40-foot setback to residential property, a 10-foot setback to Bayview Place,