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HomeMy WebLinkAbout20190321_PC_Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 21, 2019 Agenda Item No. 3 SUBJECT: E Art Gallery (PA2018-177) Minor Use Permit No. UP2018-014 SITE LOCATION: 2721 East Coast Highway, Suite 104 APPLICANT: E Art Gallery OWNER: Jeffrey J. Brown PLANNER: Chelsea Crager, Associate Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY The Planning Commission will reconsider the application for Minor Use Permit No. UP2018- 014.The request is for the approval to operate a tattoo studio (Personal Services, Restricted land use) in an art gallery within an existing commercial tenant space. Proposed hours of operation are 10:00 a.m. to 8:00 p.m., daily. The application was originally denied by the Planning Commission on December 6, 2018. The applicant appealed the denial of the application to the City Council. On February 26, 2019, the City Council referred the request back to the Planning Commission for a new hearing and action based on the receipt of additional information regarding the proposed application that the Planning Commission did not previously have. RECOMMENDATION 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 no potential to have a significant effect on the environment; and 3)Adopt Resolution No. PC2019-009 approving Minor Use Permit No. UP2018-014 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial Commercial Corridor Multi-tenant commercial NORTH Corridor Commercial Commercial Corridor Multi-tenant commercial SOUTH Corridor Commercial Commercial Corridor Retail EAST Corridor Commercial Commercial Corridor Multi-tenant commercial WEST Two-Unit Residential Two-Unit Residential Residential duplex 3 INTENTIONALLY BLANK PAGE4 INTRODUCTION Project Description and Setting The application is a request for a minor use permit (MUP) to operate a tattoo studio (Personal Services, Restricted land use) in conjunction with an art gallery/studio within an existing commercial tenant space. The existing art gallery/studio is a permitted use and an approval of use permit is not required. As proposed by the applicant and pursuant to conditions of approval included in the draft resolution for approval, the tattoo aspect of the business would consist of two workstations with a maximum of two tattoo artists working at the same time. The artists would operate by appointment only, with no “walk-in” services offered. The hours of operation are proposed to be between the hours of 10:00 a.m. to 8:00 p.m., daily. The art gallery/studio aspect of the business will continue to include painting and figurative drawing classes, painting on canvas, and commissioned artwork. Since the first Planning Commission hearing on December 6, 2018, there have been no substantial changes to the application. The applicant/appellant has provided updated project descriptions and plans for each subsequent hearing to clarify the proposed use and respond to questions and concerns. One notable correction has been made regarding the size of the tenant space. It was originally reported as 693 square feet and has been corrected to 513 square feet (Attachment PC10). A full and complete analysis of the proposed use is provided in the attached December 6, 2018 Planning Commission staff report (Attachment PC2). Background On December 6, 2018, the Planning Commission conducted a public hearing on a minor use permit application for tattoo services. After listening to public testimony and following Planning Commission discussion, the Planning Commission determined the use would be incompatible with the surrounding neighborhood and voted 3-2 denying Minor Use Permit No. UP2018-014 by adopting Resolution No. PC2018-032 (Attachment No. PC3). The December 6, 2018, Planning Commission meeting minutes are included as Attachment No. PC4. On December 20, 2018, the applicant filed an appeal of that decision alleging the Planning Commission did not provide sufficient facts to support the decision to deny the application. The appellant’s appeal letter is included as Attachment No. PC5. The appeal was scheduled for the February 26, 2019, City Council meeting. The day of the hearing, an extensive comment letter was received from Melinda Luthin, Esq., another tenant of 2721 East Coast Highway, in opposition to the project (Attachment No. PC6). Because of this new information, the City Council referred the matter back to the Planning Commission for reconsideration by a vote of 7-0. The Council specified that the Planning Commission should include specific factual information to support the action in any newly 5 adopted resolution. The February 26, 2019, City Council staff report is included as Attachment No. PC7 and the draft minutes as Attachment No. PC8. DISCUSSION Staff has reviewed the letter submitted by Ms. Luthin. The following are general responses to the topics raised in Ms. Luthin’s letter. This is not intended to be an exhaustive legal review, nor detailed rebuttal or argument to each point, but rather an overview of each issue to provide clarification and to assist the Planning Commission in their review of the request. Applicant/Appellant The letter alleges that the applicant and the appellant are not the same entity. Both the applicant and the appellant for this application is E Art Gallery/Savaanah Gallegos (“Applicant”). Project Plans The letter states that the Applicant misrepresented the size of the subject tenant space. The original submitted plans indicated a floor area of 693 square feet. Staff visited the site and confirmed that 693 is incorrect and it overstates the area of the suite. The Applicant has since submitted more accurate and detailed plans correcting the floor area to 513 square feet. In speaking to the applicant, staff has no reason to think the applicant attempted to intentionally mislead the City. Staff does not believe this issue has any significant bearing on the application or the hearing. The application remains a land use issue in an existing tenant space. Adult-Oriented Business The submitted letter states that the application is proposing live models meeting the definition of “Adult-Oriented Business” as defined by the Newport Beach Municipal Code (NBMC). Pursuant to NBMC Section 5.96.010 (Definitions), an “adult model studio” is defined as: Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult model studio shall not include any live art class or any studio or classroom which is operated by any public agency, or the private educational institution authorized to issue and confer a diploma or degree under Section 94300, et seq. of the Education Code. 6 The art studio aspect of the proposed business does include live models; however, there is no indication that models will meet the definition of an “adult model studio” as described by the Municipal Code. A condition of approval has been added to the draft resolution to further clarify that models meeting the definition of an “adult model studio” are prohibited at this location. Therefore, no application for an adult-oriented business permit is required. Parking The submitted letter states that because multiple uses are proposed in the tenant space (art gallery, art classes, tattoo services), each use should be required to provide parking consistent with the Zoning Code even though they occupy the same space. Parking for a commercial space is determined by multiplying the area of the use by the required parking rate. One parking rate is applied for the entire suite. When a business engages in several activities from the same space, the most restrictive parking rate is applied to the entire suite. Each of the uses the applicant plans to operate requires parking at a rate of one parking space for every 250 square feet of gross floor area. Ms. Luthin’s suggestion would apply the 1:250 parking requirement to each of the three activities in the space thereby tripling the required parking for the use. This interpretation has never been applied and is the equivalent to requiring parking for a 1,500 square foot space when the space is only 500 square feet. Pursuant to Municipal Code Sections 20.40.040 and 21.40.040 (Off-Street Parking Spaces Required), retail, personal service uses and art studios require parking at a rate of one space for every 250 square feet of gross floor area. The existing multi-tenant commercial building is legal non-conforming due to parking because there are no parking spaces provided on- site. Municipal Code Sections 20.38.060(B)(1) and 21.38.060(B)(1) allow a nonconforming site to change to a new use without providing additional parking provided there is no intensification or enlargement and the new use requires no more than one parking space for every 250 square feet of gross area. The proposed use meets these non-conforming parking regulations and no additional parking is required. Nonconforming Structure Ms. Luthin’s letter states that the subject property has several nonconforming building issues, which would preclude the tenant space from operating as a tattoo studio. Pursuant to NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases), a “nonconforming structure” means a structure that was lawfully erected, but that does not conform to the property development regulations for the zoning district in which the structure is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City.” The building is nonconforming due to floor area and parking as it exceeds the current maximum allowed floor area ratio of 0.5 and it provides no parking. Staff was unable to locate the original building permit for the development, and County records indicate that the building was constructed in 1947. The City has issued many permits for tenant improvement over the years indicating that the development was legally constructed and is therefore legally nonconforming. 7 Ms. Luthin’s letter also states that there is a residential tenant in the subject commercial building. The property has been zoned for commercial use and there are no records to support residential use of the property. This information has been referred to the Code Enforcement Division for investigation. Safe Body Art Act/Orange County Health Regulations The letter submitted by Ms. Luthin alleges that the subject tenant space will not be able to comply with the California Safe Body Art Act nor the regulations of the Orange County Department of Health. Specifically, the letter states that bathrooms, wall/floor/ceiling material and sink are inadequate, among other concerns. Staff has reviewed the California Safe Body Art Act and spoken with a representative of the Orange County Health Department. Based on this research and discussion, staff believes that the tenant space will be able to comply with regulations with only minor modifications (paint/floors). The County of Orange conducts inspections prior to their permit issuance. County inspections take place after an applicant receives zoning approval from a local jurisdiction. Should the applicant not be able to make any necessary interior modifications, they would not receive clearance from OC Health and the tattoo activity would not commence. Fictitious Business Name Statement (FBN) Ms. Luthin’s letter indicates that state law requires the filing of an FBN, which staff has confirmed. However, staff followed up on this requirement with a representative from the OC Clerk Recorder’s Office who indicated that Orange County currently does not require businesses to file an FBN. Regardless, the County, not the City, is responsible for enforcement of this issue. The applicant is required to obtain and maintain a business license with the City and has been made aware of this requirement. Personal Services, Restricted Ms. Luthin’s letter states that there are three existing personal services, restricted uses at the subject property: two day spas and one nail salon. Pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.70 (Definitions), tattoo services are defined as a “personal services, restricted” land use: “Personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts, including: a. Day spas. b. Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under “Massage establishments.” 8 c. Tanning salons. d. Tattoo services and body piercing studios. These uses may also include accessory retail sales of products related to the services provided.” Staff has looked into the services offered at the three business and believe that they do not meet the definition of personal services, restricted land uses. Nail salons are a permitted use in the CC Zoning District. Each of the other two businesses are beauty salons, which are personal services, general land uses and are therefore permitted uses in the CC Zoning District. As discussed in the December 6, 2018 Planning Commission staff report, there are five tattoo studios currently operating within the City (Attachment No PC9): three on the Balboa Peninsula, one in Newport Shores, and one recently approved in Newport Heights. Of the five, the nearest is Agape Art Collective, located approximately four miles away in Newport Heights on Old Newport Boulevard. Therefore, the proposed project would be the first tattoo establishment in Corona del Mar. Minor Use Permit Findings for Approval and Staff’s Recommendation Although Planning Commission denied the Minor Use Permit on December 6, 2018, staff continues to believe that sufficient facts exist in support of each finding required by NBMC Section 20.52.020.F (Conditional Use Permits and Minor Use Permits). Additionally, Federal courts have ruled that tattooing and display of tattoos are rights protected by the First Amendment to the United States Constitution. Therefore, the Planning Commission’s action must be based upon content-neutral time, place, and manner restrictions involving potentially detrimental factors such as increased traffic, health concerns, noise, odors, etc. that cannot be mitigated or avoided with reasonable conditions of approval or design modification. Conditions of approval that address time, place, and manner restrictions are included in the draft resolution for approval. Staff therefore expects the proposed tattoo studio and art gallery to operate in an effective and non-detrimental manner that would be compatible with the surrounding commercial tenants and commercial uses in the area. The Planning Commission should include specific factual information to support the action in any newly adopted resolution. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated. 9 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Environmental Review 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. 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/studio in an existing commercial tenant space. Public Notice Notice of this hearing 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 meeting, 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. Prepared by: Submitted by: 10 ATTACHMENTS PC 1 Resolution Approving Minor Use Permit No. UP2018-014 PC 2 December 6, 2018 Planning Commission Staff Report PC 3 Planning Commission Resolution No. PC2018-032 PC 4 December 6, 2018 Planning Commission Minutes PC 5 Appeal Filed by Savaanah Gallegos PC 6 February 26, 2019 Letter Submitted by Melinda Luthin PC 7 February 26, 2019 City Council Staff Report PC 8 February 26, 2019 City Council Draft Minutes PC 9 Tattoo Service Location Map PC 10 Applicant’s Response Letter PC 11 Public Comments Received After December 6, 2018 Planning Commission meeting PC 12 Updated Project Plans 01/12/18 11 INTENTIONALLY BLANK PAGE12 Attachment No. PC 1 Resolution Approving Minor Use Permit No. UP2018-014 13 INTENTIONALLY BLANK PAGE14 RESOLUTION 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 Number 459-171-14 (“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. 15 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 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 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 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 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 16 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 Coastal 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(B)(1) and 21.38.060(B)(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 5.96.010 of the NBMC. A condition of approval has been added which prohibits an “adult model studio” without additional compliance with the City’s requirements for adult model studios. 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/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 17 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 medical) access and public services and utilities. Facts in Support of Finding: 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. 18 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 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 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. 19 PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF MARCH, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman BY:_________________________ Lee Lowrey, Secretary 20 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 by appointment only and no walk-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 between the individual tattoo artist’s appointments. 7. A maximum of two (2) tattoo artists shall operate at one time. 8. 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. 9. Any/all tattoo services shall be conducted at one of the tattooing stations (two (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 with the provisions of NBMC Chapter 20.42 (Sign Standards). 12. Use Permit No. UP2018-014 shall expire unless exercised within twenty four (24) months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwise granted. 13. There shall be no unaccompanied minors present in the tenant space while body art appointments take place. 21 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 22 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. 23 INTENTIONALLY BLANK PAGE24 Attachment No. PC 2 December 6, 2018 Planning Commission Staff Report 25 INTENTIONALLY BLANK PAGE26 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 6, 2018 Agenda Item No. 3 SUBJECT: E Art Gallery (PA2018-177) Minor Use Permit No. UP2018-014 SITE LOCATION: 2721 East Coast Highway, Suite 104 APPLICANT: E Art Gallery OWNER: Jeffrey J. Brown PLANNER: Chelsea Crager, Associate Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY A request to establish an art studio/gallery, including a minor use permit (MUP) to allow tattoo services (Personal Services, Restricted land use) within an existing commercial tenant space. Proposed hours of operation are 10:00 a.m. to 8:00, p.m., daily. RECOMMENDATION 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 no potential to have a significant effect on the environment; and 3)Adopt Resolution No. approving Minor Use Permit No. UP2018-014 (Attachment No. PC 1). 27 INTENTIONALLY BLANK PAGE28 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial Commercial Corridor Multi-tenant commercial NORTH Corridor Commercial Commercial Corridor Multi-tenant commercial SOUTH Corridor Commercial Commercial Corridor Retail EAST Corridor Commercial Commercial Corridor Multi-tenant commercial WEST Two-Unit Residential Two-Unit Residential Residential duplex 29 INTENTIONALLY BLANK PAGE30 INTRODUCTION Project Setting The subject tenant space is located within an existing two-story commercial building on East Coast Highway in Corona del Mar, south of Fernleaf Avenue. The building contains approximately 10,098 square feet of rentable space, and contains a mix of commercial uses including service and retail uses such as tailoring, fitness studios, salons, and a law office. No onsite parking spaces are provided. Surrounding land uses consist of primarily commercial uses including a yoga studio, a resale clothing boutique, restaurants and Sherman Library and Gardens, with adjacent residential uses immediately to the west of the site. Project Description The applicant requests a minor use permit to operate a tattoo studio (Personal Services, Restricted land use) in conjunction with an artist gallery/studio within an existing commercial tenant space. The art studio/gallery and tattoo studio will be located within an existing, 693-square-foot tenant space located on the lower level of the building. No increase in floor area and only minor interior improvements are proposed. The tattoo aspect of the business would consist of two workstations with a maximum of two tattoo artists working at any time. The artists would operate by appointments only, with no “walk-in” services offered. The hours of operation are proposed to be between the hours of 10:00 a.m. to 8:00 p.m., daily. 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 applicable health regulations. The art gallery/studio aspect of the business will include painting and figurative drawing classes, painting canvas, and commissioned artwork. Art classes will typically consist of five to seven artists painting or drawing a live model one to two times per month. One-on- one art instruction may also be scheduled on an appointment basis. DISCUSSION Analysis General Plan The General Plan Land Use Element designation for the site is Corridor Commercial (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 31 activity. The existing building is occupied by a variety of retail and service uses. The proposed studio is defined as service use and is consistent with this designation. Local Coastal Plan The subject site is located in the Coastal Zone and is within the Commercial Corridor (CC) Coastal Zoning District. Personal Service, Restricted land uses and art galleries/studios are allowed uses within the CC Coastal Zoning District. There is no coastal development permit required because tenant space has historically been occupied by a retail or service use and there is no change in intensity of use proposed. Zoning The site is located within the Commercial Corridor (CC) Zoning District. 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 MUP. The Zoning Code does not provide any specific requirements for tattoo studios other than the MUP requirement. The art gallery/studio component is permitted by right within the CC Zoning District. Parking Pursuant to Municipal Code Sections 20.40.040 and 21.40.040 (Off-Street Parking Spaces Required), retail, personal service uses and art studios require parking at a rate of one space for every 250 square feet of gross floor area. The existing multi-tenant commercial building is legal non-conforming due to parking because there are no parking spaces provided onsite. Municipal Code Sections 20.38.060(B)(1) and 21.38.060(B)(1) allow a nonconforming site building to change to a new use without providing additional parking provided there is no intensification or enlargement and the new use requires no more than one parking space for every 250 square feet of gross area. The proposed use meets these parking regulations. Dispersion of Uses There is one other restricted personal service land use (i.e., day spas, healing arts, tanning salons, and tattoo services) within the subject building. The business, La Vita Salon/Spa, offers salon services in a nearby commercial space. The surrounding commercial area of Corona del Mar contains many personal services, general land uses (i.e., barber and beauty shops, dry cleaning services). Although there have been no minor use permits approved for personal services, restricted land uses in the Corona del Mar neighborhood since 2010, there are eight personal service uses within two blocks. There are five tattoo studios currently operating within the City: three on the Balboa Peninsula, one in Newport Shores and one recently approved in Newport Heights. Of the five, the nearest is Agape Art Collective, located approximately four miles away on Old Newport Boulevard. Therefore, staff believes the proposed project would not create an 32 over-concentration of personal service restricted or tattoo service uses within the area. Refer to Attachment No. PC4 for a map of the existing tattoo service locations. Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings for approval for a minor use permit: 1.The use is consistent with the General Plan and any applicable specific plan. 2.The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3.The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4.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. 5.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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As previously indicated, the proposed project includes uses consistent with the CC General Plan land use category and CC Zoning District. The existing building and tenant space were built and designed to accommodate commercial uses, with retail and service uses currently and historically occupying the site. The proposed tattoo studio use is a service that will be complementary to the other uses in the commercial building and surrounding area. No significant tenant improvements are proposed and the parking requirement would not increase from existing conditions. The art gallery/studio and tattoo studio would operate with typical retail business hours of operation, occupy less than 700 square feet, and tattoo artists would operate by appointment only with no “walk-in” tattoo customers. A maximum of two tattoo stations would be authorized and each artist would be required to be registered with the County Health Department to ensure sanitary practices. Conditions are also included in the resolution to prevent loitering outside of the business. The presence of La Vita Salon/Spa, another restricted personal service use that offers salon services, should be complementary and not foster undesirable conditions. Other tattoo studios in the vicinity are located over four miles away. Thus, the proposed project should not create or perpetuate a cluster of such uses that might be detrimental to the area. 33 Staff believes sufficient facts exist in support of each finding. As conditioned, it is expected to operate in an effective and non-detrimental manner that is would be compatible with the surrounding commercial tenants and commercial uses in the area. Alternatives 1.The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated. 2.If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the Draft Resolution for Denial provided as Attachment No. PC 2. Environmental Review 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. 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/studio in an existing commercial tenant space. Public Notice Notice of this hearing 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 meeting, 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. Prepared by: Submitted by: 34 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Public Comments PC 4 Tattoo Service Location Map PC 5 Site Photos PC 6 Project Description PC 7 Project Plans 01/12/18 35 INTENTIONALLY BLANK PAGE36 Attachment No. PC 1 Draft Resolution with Findings and Conditions 37 INTENTIONALLY BLANK PAGE38 RESOLUTION NO. PC2018-032 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 Number 459-171-14 (“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. 3.The Property is designated Corridor Commercial (“CC”) by the General Plan Land Use Element and is located within the Commercial Corridor (“CC”) Zoning District. 4.The Property is located within the coastal zone and is within the Commercial Corridor (“CC”) Coastal Zoning District. A coastal development permit is not required as the proposed 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 Newport Beach Municipal Code (“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 proposed 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: 39 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 Corridor Commercial (“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 site. The proposed 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 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 Corridor Commercial (“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 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 Coastal 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(B)(1) and 21.38.060(B)(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. Finding: C.The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 40 Facts in Support of Finding: 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. 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 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 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 site. 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 proposed 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 site. Thus, the proposed project would not create or continue a concentration of such uses therefore, there is an adequate dispersal of personal services, restricted land uses. 41 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 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 site’s ability to provide public and emergency vehicle access and public services and utilities. 2.The proposed 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 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 studio will be subject to inspections to ensure it maintains proper sanitary facilities and that it meets all health regulations. 42 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. PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF DECEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman BY:_________________________ Lee Lowrey, Secretary 43 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 by appointment only and no walk-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 between the individual tattoo artist’s appointments. 7. A maximum of two (2) tattoo artists shall operate at one time. 8. 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. 9. Any/all tattoo services shall be conducted at one of the tattooing stations (two (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 with the provisions of NBMC Chapter 20.42 (Sign Standards). 12. Use Permit No. UP2018-014 shall expire unless exercised within twenty four (24) months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwise granted. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 44 14.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. 15.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. 16.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. 17.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. 18.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. 19.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. 20.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. 21.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). 22.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 media broadcast, or any other activities as specified in the NBMC to require such permits. 23.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. 45 24.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. 46 Attachment No. PC 2 Draft Resolution for Denial 47 INTENTIONALLY BLANK PAGE48 RESOLUTION NO. PC2018-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING 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 Number 459-171-14 (“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. 3.The Property is designated Corridor Commercial (“CC”) by the General Plan Land Use Element and is located within the Commercial Corridor (“CC”) Zoning District. 4.The Property is located within the coastal zone and is within the Commercial Corridor (“CC”) Coastal Zoning District. A coastal development permit is not required as the proposed 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 Newport Beach Municipal Code (“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. Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a minor use permit only after making each of the five (5)required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of the Newport Beach Municipal Code. In this case, the Planning Commission was unable to make the required findings based upon the following: Findings for Minor Use Permit: A.The use is consistent with the General Plan and any applicable specific plan; 49 B.The use is consistent with the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; C.The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 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. 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 Not in Support of Findings: 1.The Planning Commission determined, in this case, that the establishment of a tattoo studio (personal services, restricted land use) would not be consistent with provisions of the Zoning Code, specifically Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2.The applicant’s request may lead to a proliferation of personal services, restricted land uses within the area. 3.The site is not physically suitable in terms of design, location and operating characteristics for the establishment of a personal services, restricted land use. 4.The addition of a personal service, restricted land use may impact surrounding residential neighborhoods. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2018-014. 2.This action shall become final and effective fourteen (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. 50 PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF DECEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman BY:_________________________ Lee Lowrey, Secretary 51 INTENTIONALLY BLANK PAGE52 Attachment No. PC 3 Public Comments 53 INTENTIONALLY BLANK PAGE54 From:Ramirez, Brittany To:Lippman, Tiffany Subject:FW: Tattoo Studio at 2721 E. Coast Hwy Date:Thursday, November 29, 2018 8:41:24 AM Attachments:City Notice - Tattoo Studio.pdf image001.png BRITTANY RAMIREZ Community Development Department Administrative Analyst bramirez@newportbeachca.gov 949-644-3239 From: Crager, Chelsea Sent: Wednesday, November 28, 2018 3:08 PM To: Ramirez, Brittany <bramirez@newportbeachca.gov> Subject: FW: Tattoo Studio at 2721 E. Coast Hwy CHELSEA CRAGER Associate Planner Community Development Department | Planning Division ccrager@newportbeachca.gov 949-644-3227 CITY OF NEWPORT BEACH 100 Civic Center Drive, Newport Beach, California 92660 | newportbeachca.gov From: Accounting@janturnerhering.com <accounting@janturnerhering.com> Sent: Wednesday, November 28, 2018 2:58 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Cc: JTH@janturnerhering.com Subject: Tattoo Studio at 2721 E. Coast Hwy Chelsea Crager, I am responding to a notice I received at my home address regarding a public hearing on 12/6/18 to discuss the possibility of a tattoo parlor being located at 2721 E. Coast Highway. I am strongly opposed to this type of establishment operating in our neighborhood. A tattoo parlor is not an appropriate business for the family-friendly, community oriented city of Corona del Mar. My business is located across the street from the location named in the notice. I am concerned about the changes to our neighborhood that will certainly occur if businesses such as these begin to locate here. I am unable to attend the meeting on December 6th but wanted to voice my emphatic objection to this request. Thank you, 55 Jan Turner Hering accounting@janturnerhering.com Jan Turner Hering Interior Design, Inc. 2712 East Coast Highway | Corona Del Mar, CA 92625 P 949.640.6512, ext. 192 | F 949.640.0163 www.JanTurnerHering.com 56 57 From:Susan Livingston To:Crager, Chelsea Subject:This copy replaces my previous email Date:Tuesday, November 27, 2018 4:40:23 PM Dear Ms. Crager, Thank you for your call. Please use the following text instead of what I submitted with namesand cell phones. Thank you. Nov. 27, 2018 Dear Ms. Crager, I received notification of File No.: PA 2018-177, Activity No. : UP2018-014, a permit application to operate a tattoo studio in Corona Del Mar. I, without question, feel as thoughthis is not an appropriate business for my neighborhood. E Art Gallery will not provide the type of goods or services that boost the esteemed family business climate of our community.Tattoo parlors are not in keeping with a family-friendly community. There is a grade school within a quarter mile of the proposed establishment with young children using the nearestcrosswalk to access their school. I am strongly opposed to this type of business going in this highly visible entry corridor in Corona Del Mar.I am in favor of a great business promoting foot traffic going in this location. The tattoo parlor is not what our community needs at this time. I cannot attend the public hearing but aminterested in having my opinion heard. E Art Gallery is an undesirable business and should not be allowed to enter my neighborhood. 58 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. :laVJess:g 'f3oO~ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature~~ 59 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. -""""t"~~--=--1----!.....-1.--==--..:....:....__;__~-....:::::::::=----' am in support of Savaanah Gallegos, 'E Art proved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 60 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. _4 ...... )· ....... u ....... 1~ ............ 1(11---/\_e_MM"'--....;.....;....w'--· _· -------' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 61 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this fqrm in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use e:Xtra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. --~-----"-~---=-().__~ ____ =j ___ a_d...___· ~-~---' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 62 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. £Ra..fui<J<. '\Gz.. I\-, am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting cons.umers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 63 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. tV~~'{\n':.'i ¥--x(\'U\-Ss:{Y"'\ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signati;A ,'~ 1lft~ Date: q / 5 /2DV6 64 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comm'ents and/or concerns about the business of 'E Art Gallery', to be reviewed by dity Council. · I ~ /d-' ~~ am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: -~·-/··· 65 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ~ , --~-· ___ ....._ _____ {; __ [_l_a£ ____ , am in support of Savaanah Gallegos, 'E Art pro ed of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, -interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: \ ~ Date: ~ IS( ( <i? 66 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, ~, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill outform below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ___ Q __ .---'~-------=--------l ~ ............ __ .-.,,,,_· _____ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. ,. .. Signature: Date: OJ 67 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. , ~1-t~" ____________ "-----' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Sig 68 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ~~l=--=-G-=-t_f~--------~_l_l;.....l_6_CJfl___;__~---' am in support of Savaanah Gallegos, 'E Art Gallery', to be a p oved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signat Date: q C) J 69 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. 7;;;, /7':' 1,v/<51/..... , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signatur~ ___ ........,__, '---~~ Date: 7 70 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. -~......o::;;....-:......:;...:;-~------~=--·----', ........ v_·-e,..:--,L_~ __ · ___ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing reve~u~ to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 71 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. C,{;\' \V\ (A ]\AV Vl:f/V , am in support of Savaanah Gallegos, 'E Art • Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 0 O A&\Q\ ~ Date: 72 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. fsv\S \\ 1'J \L \AHN , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:~ Date: q ls/ /8 73 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by Ci1 Co~ncil. / 1 1 ; 1 (t , am in support of Savaanah Gallegos, 'E Art Gallery't(to be apprdved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 1 Signature: Date: · I · / 11 OC(/ 061 f YJ ,/ / / ·, \ / / \\ 74 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about t~e business of 'E Art Gallery', to be reviewed by City Council. I \SaMh ~~ , am in support of Savaanah Gallegos, 'E Art Galle;, to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. -, ifu!4Ce ~!Lf){Sln>p WM¢ Signature: ~~ Date: 75 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you· to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. t'-tt<-d--¥\(~ ( ~ ,,. t(f?.., e/y;.J , am in support of Savaanah Gallegos, 'E Art. Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. ,. ; . ' Date: 76 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I £ h'.J<.qi M:2 CCZ..1\/\ k:'. C) , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 77 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I ~Kc A \ 1:::;'p'f? , am in support of Savaanah Gallegos, 'E Art Gallery', to be apprbved of ootaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 78 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I M andcde' Ma(~ ' am in support of Savaanah Gallegos, 'E Art Gallery', to be approve of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 5ep{ if , l-0 /8 79 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I ~ne~ \ ::Bo$ Y:Jro ' am in support of Savaanah GaUegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 8)1'~) Gn -ttf? NiW ·~ ~ -l\¥ -h ~. _) ~\0~ Date: 80 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. _ _.,,,_-F--;;........J..-'-+-=-.a......L.--'--'""---.....-,::...~~ ............... ......,__,___.___, am in sup port of Sava a na h Gallegos, 'E Art Gallery', to be approved of obtain' g their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 81 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist; will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. Ada·, So D D C1 '\toD , am in support of Savaanah Gallegos, 'E Art · Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. °iOO (1\IOCad() CA\tenve J COM l Signature: Date: C\ L\ lB 82 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill .out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. -~-......-----+-F>-..........,,-\1-"f--+-\:,:,l'~Q"--------' am in support of Savaanah Gallegos, 'E Art Gallery', to be approve of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrim~growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 83 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I l) V , f<Y¥t-1 ~JO[,,{e e__ , am in support of Savaanah Gallegos, 'E Art Gallery', to b ~pproved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 84 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by Ci{Y Council. bJMA cdi · , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. duuel ~ CoopisL, ,1£;r U2DD/d bo Q / D2tel u Signature: t 1 .J 6tfJ[rfk 04 Date: 85 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. -~-\ ~-SJ,-:--&...a..\\ ....... G\ ......... b __ t\......._._O_\J\l_t _____ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: E\rti;Q Date: 86 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in cha,nge of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling: Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ~Yendet Ce<sti 11 D 'am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:~ {1dP Date: 87 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. -+"+-11'-,1-~:-¥,::,,-~~~-.,,£....!~=..:..A------' am in support of Savaanah Gallegos, 'E Art i their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or gene·ral welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 88 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I CbaDe\ k s, m~soa 'am in supportofSavaanah Gallegos, 'EArt Gallery', to be approved of obtaininitheir Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 89 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. (~i!Cryl (2,}Gc , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger; jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 90 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I -·~--""-- 1 ___._-___ /_~ ___ ____;;._____.\_~_/_· _____ , am in support of Savaanah Gallegos, 'E Art Gallery', to be _approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 91 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I C.\i\Y7 !'~-:.> GznW'A'(lCI.\K , am in support·of Savaanah Gallegos, 'E Art Gallery', to eapproved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 7 . ~ 4'4«-=. Date: 92 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. __ G ........... _@~.e... __ n_~_Yl_~_-·_o_i.s ______ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize·, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. iJ-x} ~ fo .~a?Je_, ~ ~ ~ ~ . OLJC ~ ftpdd;~ klw9 aJ ih_~ ;!0A_c are-;fl~ ~>1 air" L;'lc ..e Signature:~ 7/&<;qS Date~-e-5 ¥-bg 93 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at ·10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. -~'---t_s=-~=-\_(..._/A'""'----'~'--""'""'-(\_ctt __ ~ ....... ~1---L--'\~D-+---' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 94 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. <;ha u h L , /I,-/. , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Of Signature: Date: 95 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. B \ ~ \\ \ \6 \JO \j.j~ , am in support of Savaanah Gallegos, 'E Art Gallery', .to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 96 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. _________________ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: CJ ____ y'. --/ g 97 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I Lpwrz&'~lC(L /11r~/,.lff'.f{"L /../~"tft',._ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: ~ Date: __ 98 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. (V\1 ;o~ Pltie ( ::S \l/llley1e, L..; am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:~~ Date: Cf -Lf __ \ '6 99 September 3rd, 2018 E Art Gallery 2721 East CoastHighway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport 'Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I twllso11 / i,alo6a ku A... 1,uda.11,, f1Pr;:')1n , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 100 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, Carifornia, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. . _M __ of_·_I_' i_c.... ___ Vc_Cl-_J_e_) _______ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: () f 101 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in ·change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I ~m ~/av-, am in support of Savaanah Gallegos, 'E Art Gallery', to be approvtl of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:sz=J'}i '~ Date: 102 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by' our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. e \ h 0:CC\ \~ \ J '0~--z_ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Coo<4 Signature:~= )I Date: 103 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ,.l)Aµo JJ US oJ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: F __ .......... Date: J J I 104 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by I ~ 'P -, am in support of Savaanah Gallegos, 'E Art a:Coun~ Gallery', to be app~ing their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signat~'-"( ~ Date: 105 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. w ~I},/ D V pl I u'• 'I -----------------' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: jjfjfJ.t:S 106 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek,of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ~ V\ Y\ j..e.., Go r'"\ 7. c.J ..e ]> , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: <j ,-o 't( _ / 8 107 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. _ ____..,~i,j<.>,-L.____._ _ _,.,~;.._U=-'-~-'o_L--+-------' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of o aining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 108 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ! l J. Q(..f L 6ut({ l{A, , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:4zs ..-. ~'--c:::::-==--- Date: q/otJ /1 ~ 109 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ~ v ~tLJ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. dzQl Signature: ~ Date: 110 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Ga ery', at set date. Please feel free to use extra space below if you would like to add any omments and/or c c rns about the business of 'E Art Gallery', to be reviewed by City ouncil. · support of Savaanah Gallegos, 'E Art roved of obtaining their e Permit. I believe 'E Art Gallery' will be beneficial IJ a tracting consumers and in evenue to businesses of Corona Del Mar. I ot beli ve operation of tattooing woul mental to the growth of the city, endanger, jeopar 1ze, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 111 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. _____ (>_'. .:_,..._i_{t_~.......__l_· _e.._e ______ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. ~'3~7 eel! Signature: //-t---. Date: 1 LJ }/ J' ( l . 112 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by Cir Council. M "'-Y' ;· ""' f}v1.e k:\ C/\. , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: J fl: ~ ;iJ»il?'-~ 113 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. ·~ £.~ M0 kh 1M a11 ~ , am in support of Savaanah Gallegos, 'E Art ( Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: ·~~ Date: bq /o'? /Zt> \8 114 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. _-4-}J_.{;..._· _c_·-_Q __ J2_A-...;....._f-'l_Q_?5 ___ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. ~~ Signature: ~ 7 Date: 115 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. /0pbs ~r!VVW , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. s{w I6s !we Signature: ~ Date: 116 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. (lm.JzeJ\/ tif frY\ ClV\ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signatur ""-' Date: 117 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. 1 AD()'v:Q, (ci0]2C1te>«. , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:~-~---Date: 118 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com B'rrJ~ Cc)()ll+j (tesie,lorJ- To Employees, Business Owners, Consumers, and Residents of N:e:w1 SGtt tJeacM, Califor11ia, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I ·1ta..c~ tJ2rI2tJ. ~f}ttl{ick, ~m in support of Savaanah Gallegos, 'E Art Gallery', to e approved of nbtai~ng their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. ho ( a:r-1-S-fvcll il .S lia-IS u5 ti f ,~ ::b2 }t? lltw e!I I [Vlgs Ql.hd, ugv ltt f:lc'nS .S;? I Jo Mi £t.l2-a-p at? lawi. NiJLJ a. Jq;s co I l?'.lld e""'Yflarri: has i"C<-kei:s" arJ ~ ru12 more. 0 ceepkd Qo~ In :::X,Cd°'.e±s-jk, 3hou1J t <~~ :jJU 119 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I · fuse. J)1AV\lL , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. :Qf\'f2roYl ~CAY\?eY 3:2W tc\s-t CJo a~\: lj 'Ji.It Ccxo\Ot1 t)~\ 'bl\cv 0 zLezs;; Signature~ ~ Date: ct\ ~ \ l ~ 120 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. --~-· __ tt,J __ __..S ...... ttfJ ............ ..._V_&R-.=...-,'"------' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 121 September 3rd, 2018 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702 )445-5788 Contact@elekkstasy.com To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set.to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I :b \.e., 'J..0:. f.c '\ clW1 d (1-(' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Date: 122 Attachment No. PC 4 Tattoo Service Location Map 123 INTENTIONALLY BLANK PAGE124 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 11/27/2018 0 6,6263,313 125 INTENTIONALLY BLANK PAGE126 Attachment No. PC 5 Site Photos 127 INTENTIONALLY BLANK PAGE128 ite 129 INTENTIONALLY BLANK PAGE130 131 INTENTIONALLY BLANK PAGE132 Attachment No. PC 6 Project Description 133 INTENTIONALLY BLANK PAGE134 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-5788 August 15, 2018 Community Development Department Planning Division 100 Civic Center Drive Newport Beach, CA 92660/ P.O. Box 1768/ NewPort Beach, CA 92658-8915 To Whom It Concerns, E Art Gallery is an art studio, which includes painting and figurative drawing classes, painting canvas, commissioned artwork, and Body Art. Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws. Tattooing, with disposable tubes and needles, is the only form of Body Art that is performed. Art classes will consist of 5-7 other world renowned artists, mostly, 18 years old and over, drawing and or painting figurative live people, which will be held privately and scheduled at least once or twice every other month, depending on the live model’s schedule. Figurative live art classes will be held up to 3 hours maximum. There will be various genres of art to be shared such as figurative, abstract, cubism, and modern contemporary, etc. If the parent/ guardian of age group 10 years old and over decides to book an appointment of a one-on-one painting or drawing session with their child, they have the option to be present during the session or not. These sessions will be held for an hour to an hour and a half, depending on parent’s decision of length of time and will only be booked based on Savaanah’s open schedule once or twice a month, and depending how adamant their parent is about their child’s art classes. Hours open to the public will be set from 1000- 2000, Monday to Sunday, and mostly operated by appointment. Thank you for your time and consideration. Best Regards, Savaanah Gallegos Owner Edgar Aguirre 135 Owner 136 Attachment No. PC 7 Project Plans 137 INTENTIONALLY BLANK PAGE138 . S' 6. (/)S" m 4' 1.82" / · ~ l ~ TOitOD I kRBA 2' 615@_.._.." ~ 0 i:mr II' 6.66" II II II II II II ~-EA :i II I :1,a--- 11 8' 6.7311 I (/) .36" . 13 I (/). 43" ~----..... llliiii-_. _l l tG\ttM Strr\1\JI/\ #1 } fn_-\-til () .s, \il 1r-1 ()'(\ * 7- E ~~\ 6 f\\ \ery ·212, ~, C OA~T t-tWY S \/\ -\-t \ CY·-i CD'f'D'00\ De.\ N\G\(' 1 CA C\ '}_{_p 2-5 139 -o 0 40 Feet 80 Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however; The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. 6/26/2018 140 141 142 Attachment No. PC 3 Planning Commission Resolution No. PC2018-032 143 INTENTIONALLY BLANK PAGE144 145 146 147 INTENTIONALLY BLANK PAGE148 Attachment No. PC 4 December 6, 2018 Planning Commission Minutes 149 INTENTIONALLY BLANK PAGE150 151 152 153 154 155 156 157 158 159 160 161 162 Attachment No. PC 5 Appeal Filed by Savaanah Gallegos 163 INTENTIONALLY BLANK PAGE164 165 166 167 168 Attachment No. PC 6 February 26, 2019 Letter Submitted by Melinda Luthin 169 INTENTIONALLY BLANK PAGE170 MELINDA LUTHIN 2721 East Coast Highway suite 201 x Corona del Mar x California 92625 x P 949.673.1161 x MelindaLuthinLaw.com . February 26, 2019 Via Email The Honorable Diane Dixon and Members of the Newport Beach City Council 100 Civic Center Drive Newport Beach, CA 92660 Hon. Diane Dixon: ddixon@newportbeachca.gov Hon. Brad Avery: bavery@newportbeachca.gov Hon. Duffy Duffield: dduffield@newportbeachca.gov Hon. Kevin Muldoon: kmuldoon@newportbeachca.gov Hon. Jeff Herdman: jherdman@newportbeachca.gov Hon. Joy Brenner: joy@newportbeachca.gov Hon. Will O'Neill: woneill@newportbeachca.gov Re: Opposition To E Art Gallery Minor Use Permit Dear Mayor Dixon and Members of the City Council: This letter is to voice my objection to the appeal of the decision of the Newport Beach Planning Commission to deny an application for a minor use permit (“Application”), submitted by an applicant identifying itself as “E Art Gallery,” regarding a space located at 2721 East Coast Highway, Corona del Mar, California. I am a person interested in this appeal in that I work at 2721 East Coast Highway, Corona del Mar, California and I am a resident of Corona del Mar, California. Savannah Gallegos, who filed the Application under the name of a business that does not exist, wants to fill a garaged-sized basement office space with at least four separate businesses, many of which would require the approval of conditional use permits and/or adult oriented business permits. In her appeal, Ms. Gallegos requests the Council issue a minor use permit to allow E Art Gallery to open and operate a tattoo parlor, and apparently, an art gallery, an art studio and an art school, where the Applicant wants to host shows and to use “live models” for “art classes” taught to children as young as 10 years old, unaccompanied by their parents, in a small basement office space that has all its windows obscured with heavy fabric and that can never comply with the necessary permit requirements, building standards or Health and Safety Codes. Savaanah Gallegos, is the Appellant (“Appellant”). She claims the Planning Commission “wrongly [sic] denied [E Art Gallery’s application] without using evidence.” (“Reasons for Appeal,” p. 12-7 [Attachment A, p.3].) Appellant is wrong. It is the responsibility of the applicant to provide evidence in support of the findings required for issuing the permit. (NB Muni Code § 20.52.020.) As Appellant admits, Chairman Kleiman and the Honorable Koettling stated that they “can’t make findings on compatibility in this area,” based on the facts presented to them. The fault 171 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 2 for the Commissioners’ inability to make findings required to issue a permit lies with the Applicant, not with the Commission. Appellant also disagrees with the Planning Commission’s determination that the intended use is not compatible with the surrounding businesses and area but she provides no facts to support her contention. Finally, Appellant states that “tattooing is a ‘Form of pure expression’ protected by our First Amendment Right...”, although she does not claim that any right has been violated. Appellant’s appeal is without merit. As discussed below, the Planning Commission’s decision was correct and I respectfully request that the City Council uphold that denial. SUMMARY The practice of Body Art raises serious health and safety concerns. As such, California enacted the Safe Body Art Act (Cal Health & Saf Code §§ 119300 -119328.) in order to address these concerns. The Body Art industry is regulated via the Safe Body Art Act and pursuant to local and regional law in order to “protect both the practitioner and the client from transmission of infectious diseases through the application of proper body art procedures and the control of cross- contamination of instruments and supplies.” (Cal Health & Saf Code § 119300.) Body Art laws properly regulate the facility, the business owner, and the practitioner. These regulations include but are not limited to: extensive training, reporting, licensing, registrations and documentation; strict compliance with building specifications; biohazard waste disposal; records maintenance and retention; customer age limits; and limitations and restrictions on facility locations and hours of operations. Appellant’s claim that tattooing is protected by the First Amendment is of no consequence. Activity protected by the First Amendment may be lawfully subject to time, place, and manner restrictions. (See City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 49-50, 106 S. Ct. 925, 89 L. Ed. 2d 29 (1986); see also 3570 E. Foothill Blvd., Inc. v. City of Pasadena, 912 F. Supp. 1268, 1273 (C.D. Cal. 1996) [“despite the fact that adult entertainment is protected by the First Amendment, local governments do have the right to impose time, place, and manner restrictions”].) 172 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 3 Any more than a person’s Second Amendment rights would mandate that the City allow a person to use the prospective space as a shooting range, Appellant’s First Amendment Rights do not permit her to circumvent the content-neutral time, place, and manner restrictions of the Safe Body Art Act, the Orange County Health regulations, or the City of Newport Beach’s Minor Use Permit Requirements. The prospective space and building cannot meet the requirements of the Safe Body Art Act or the Orange County Health regulations, even with extensive renovation, repair and remodeling. Nor does the prospective space and building meet the Newport Beach Minor Use Permit requirements. In addition, Appellant’s and Applicant’s continuously changing proposed business operations now appear to fall within the categories of “adult oriented business,” “Adult model studio,” “Live art class,” all of which require the business to first obtain an adult oriented business permit. (NB Muni. Code §§ 5.96.010, 5.96.015.) The Application is so substantively and procedurally flawed, it would have been impossible for the Planning Commission to approve it, and the appeal creates additional reasons that it too must be denied. 1. The applicant is identified as an entity that does not exist; 2. The applicant failed to submit applications for all permits at once as required; 3. The appellant is not the applicant; suggested modifications, even if permissible, cannot be made by someone other than the applicant; 4. The application does not provide correct information regarding the proposed building; 5. The application does not provide correct information regarding the proposed location within the neighborhood; 6. The proposed facility does not and cannot meet the strict building standards required; 7. The proposed use does not comply with all applicable provisions of the Zoning Code or the Municipal Code; 8. The proposed design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity; 9. The proposed site is not physically suitable in terms of design, location, shape, size, or operating characteristics; 173 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 4 10. The proposed site is not physically suitable in terms of the provisions of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; 11. Operation of the use at the location proposed would be detrimental to the harmonious and orderly growth of the City; 12. Operation of the use at the location proposed would endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The above are but a few of the issues associated with the Application. Staff has not evaluated the necessary requirements for the proposed space, and, at the least, the matter should be sent back to Staff to evaluate the prospective space with regard to the requirements of body art facilities as well as to evaluate the requirements and restrictions of holding art classes with minors unaccompanied by their parents. THE APPLICANT DOES NOT EXIST The Newport Beach Staff Report indicates that a person named “Savaanah Gallegos” is the applicant. (Staff Report Feb. 26 2019, ABSTRACT.) This is incorrect. Savaanah Gallegos is the appellant. According to the City of Newport Beach, “E Art Gallery” is the applicant. Unless the business is being operated as a sole proprietorship formed with a name that includes the individual’s name (example: John Smiths Fishing Shop), a Fictitious Business Name Statement (“FBN”) must be filed with the county where the principal place of business is located California. (Cal Bus & Prof Code § 17900 et seq.) The Records of Orange County indicate that no one has filed an FBN containing the phrase “E Art,” “E-Art,” or ‘E. Art.” (See attached search results.) The Records of Orange County also indicate that neither Savaanah Gallegos (including variations of this name) nor the other purported owner, Edgar Aguirre has ever filed any FBN in Orange County. The California Secretary of State indicates that no LLC, LLP or corporation has been registered to do business as “E Art Gallery,” “E-Art Gallery,” or ‘E. Art Gallery.” (See attached search results.) Unless a business contains the owner’s name(s), persons have no right to conduct business in California unless they have filed the required forms with the appropriate agencies. (Cal Bus & Prof Code § 17900 et seq.; Cal Corp. Code, §§ 100 et seq, 2200 et seq., 16105 et seq.) 174 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 5 Because “E Art Gallery” does not exist, it has no right to apply for or obtain any permit in Newport Beach. APPELLANT HAS NO RIGHT TO USE THE APPELLATE PROCESS TO MODIFY THE APPLICATION Appellant is Savaanah Garcia. (See Appeal Application.) Applicant is E Art Gallery. (See application.) Appellant is not Applicant. A non-applicant may not modify an application. The City Council should not consider Appellant’s proposed changes in scope. The review authority shall consider the same application, plans, and project-related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. (NB Muni. Code § 20.64.030 C.3.d.) Consideration may only be given so long as it does not change the scope of an application. Here, Appellant has substantially modified the terms of the proposed use as stated in (someone else’s) application. Appellant claims that Applicant now wishes to hold art school classes, including “personal one-on-one” classes to persons of “any age 10+,” which, Appellant claims, will be “hosted by” “[a]n instructor or live model.” (Staff Report, Attachment G, Revised project description,” p.12- 157 [emphasis added].) Notably, the proposed space has three large windows (two windows with dimensions 7’ x 6’ and one window with dimensions of 6.75’ x 4.5’), all of which have been blacked out by Appellant. Given the fact that the proposed new use includes providing “classes,” that are “hosted by live models,” to unaccompanied minors in a space with no view to the exterior of the space, the proposed new use should be thoroughly reviewed by means of a new application, with scrutiny of the nature of the “live modelling,” and classes. The writer of this letter has not evaluated the laws regarding conducting art classes with unaccompanied minors, but a cursory review of the law indicates, that, at the least, art or craft materials that contain or that are presumed to contain an ingredient that is a toxic substance causing chronic illness, may not be used in K–6 grade private schools. (Calif. Educ. Code §§32064- 32066.) And if the art displayed in the “gallery,” contains depictions of nudes or if the “live models” proposed to be used for the “private” children’s art classes are nude, then additional scrutiny of the proposed activities should be made and restrictions and prohibitions should be 175 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 6 included in any permit to protect against criminal activity. (E.g. Pen. Code, §§ 266j [Procurement of child], 311.2 [Production, distribution, or exhibition of obscene matter], 311.3 [Sexual exploitation of child], 311.6 [Obscene live conduct], 313.1 [Distribution or exhibition of harmful matter to minor]; 314 [indecent exposure]; 11165.1 [sexual exploitation of child]; and so forth].) Because the City Staff has not addressed these important matters, the Appeal should not be granted. In addition, the public has a right to know about, comment on and oppose this this new proposed use. The applicant should be required to submit a new application that describes this new proposed use and the matter should be properly noticed to permit public participation, to which the public is entitled as a matter of law. On a related note, I had asked on several occasions, both by phone and in writing, to be given notice of the date of this appeal. I was told by City Staff member Chelsea Crager on several occasions that I would receive notice. I received no notice. I respectfully request that, when a staff member promises to give notice, said staff member actually give notice. THE CONTENTS OF THE APPLICATION AND THE APPEAL ARE INACCURATE Both the plans submitted with the application and plans submitted with the appeal are grossly inaccurate in both measurements and boundaries. As can be seen immediately by the flawed plans, the overall square footage is grossly overstated. A quick counting of the squares in the site plan in the Planning Commission staff report PowerPoint presentation indicates that the proposed space is approximately 432 square feet. Yet page 4 of the PowerPoint presentation states the square footage as “693 square feet.” Similarly, the square footage listed on Attachment H to the staff report for the Appeal lists the square footage of the proposed site as “693 square feet.” In addition, the proposed site boundaries depicted in the diagrams in Attachment H are grossly inaccurate. The diagram on page 5 of Attachment H does not depict the actual boundaries of the proposed site. This diagram shows the proposed site as containing space unrelated to the proposed space and also shows two toilet facilities as being directly connected to the proposed space. The building has only one operable toilet facility on the first floor, and it is not connected to nor is it located adjacent to the proposed site. 176 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 7 The diagram on page 2 of Attachment H: x is not drawn to scale; x depicts a two-foot entrance doorway when in fact, the entrance doorway is six feet wide and holds two in-swinging doors; x overstates the project north boundary; x indicates walls where there are none; x overstates the size of the sink area; x depicts circles that are roughly the size of a dinner plate as “tables;” x depicts a “creative space,” the size of a closet (8’x9’) where art classes with as many as 9 people are proposed to be conducted; x indicates two toilet facilities and presents them as being part of the proposed space when, in fact, there is only one toilet facility, which is shared by all tenants, including at least one dwelling; x overstates the size of the toilet facility; and x does not accurately depict the location of or the means to access the toilet facility. I have attached a corrected site plan. This plan accurately indicates: x The square footage of the proposed space is approximately 417 square feet, which is a little larger than a one-car garage and 276 square feet less than the size stated in the staff report; x the entrance to the proposed space is comprised of two 3-foot doors that swing into the proposed space, which reduces the useable space to less than 400 square feet; x the door to the toilet facility is 22 inches wide and swings outward into the 33-inch hallway, toward the person attempting to enter the toilet facility; x The toilet facility is located nearly twenty feet away (along a 33-inch hallway) from the entrance to the proposed space. The inaccuracies and inconsistencies are easily identifiable by a cursory examination. The City staff should have caught the inaccuracies and demanded they be corrected before the application was accepted. In addition, the City staff should have made a site visit to ensure the drawings were correct. Appellant also supports her appeal with false and inaccurate claims regarding other businesses. Appellant’s claims regarding other businesses are of little consequence First, these businesses either do not require special permits (Rockstars of Art) or have no similar issues with 177 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 8 the building or parking (Agape Art Collective). Second, complaining that one business is allowed to operate does not make another business permissible. More important are Appellant’s false and inaccurate statements regarding the other business and the proposed business. Appellant falsely claims that Rockstars of Art does not have off-street parking. I have attached a photo of the off-street parking for Rockstars of Art. Applicant also falsely claims that Rockstars of Art is allowed “to bring in any amount of people for any event at any time,” and that other businesses could “have [an] unlimited amount of staff and clients at once”. Appellant’s ignorance of the occupancy load limits and parking requirements is troubling. Finally, Appellant claims that the space proposed by “E Art Gallery,” at 2721 E. Coast Highway has “unlimited” and “open” parking, when in fact it has no parking at all. THE PROPOSED SPACE DOES NOT AND CANNOT COMPLY WITH THE REQUIREMENTS OF THE SAFE BODY ART ACT AND ORANGE COUNTY HEALTH REQUIREMENTS The regulations and restrictions on body art facilities and practitioners is very strict. For example: 1. Body art facilities must a. obtain and maintain a valid health permit; b. obtain and operate under a valid infection prevention control plan; c. have all registrations and permits displayed in a conspicuous space; d. have sharps waste containers labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD.” e. have floors, ceilings and walls that are smooth, nonabsorbent, free of open holes, and washable; f. have its own toilet facility and if associated with a dwelling, have a toilet facility separate from the dwelling; g. be separated from all business not related to body art, at the discretion of the local enforcement agency; h. maintain permanently installed sinks that comply will all building standards and that have their own source of hot water; i. comply with all current building codes; 178 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 9 It is impossible for the proposed space to meet nearly all of the above requirements. x The Orange County Health permit will not issue at this location. x The ceilings are rough, made of absorbent fibrous tile, are filled with holes and are not washable. (See Photographs.) x The walls are painted wallboard, which is not permissible material. x The proposed space does not have its own toilet facility. x The proposed space contains at least four other proposed businesses all in a one- room 417 square-foot space, where 20 square feet are taken by the doorway, and according to Applicant’s and Appellant’s drawings, 50 square feet will be used for storage and 160 square feet will be used as the tattoo procedure area. This leaves around 190 square feet for walkways, an art gallery, and an art classroom. x the bar sink does not comply with the plumbing code. In addition, among other things, at least one tenant lives in the building, and thus, the building contains a dwelling unit. (NB Muni. Code § 20.70.020.) This dwelling utilizes the building’s toilet facility as its bathroom. Therefore not only does the proposed space not have its own toilet facility as required, the proposed communal building toilet facility is also a dwelling toilet facility. In addition, the non-conforming structure of the proposed space does not meet the building standards. For example, the ceilings on the lower level are only 7”4’ high. Many building hallways and doorways do not meet the building or ADA requirements. The sink in the proposed space does not have its own water heater. The building does not have the required access between floors. Although the City may permit non-conforming uses in some situations, it may not override the requirements of the Safe Body Art Act that require tattoo facilities to comply with the building standards. (Cal Health & Saf Code § 119324.) Because the proposed space cannot conform to the building standards, it may not operate as a tattoo parlor. Similarly, because Appellant and Applicant both failed to provide evidence that the proposed space complies with all requirements, the application and the appeal must be denied. THE PROPOSED SPACE DOES NOT AND CANNOT COMPLY WITH THE 179 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 10 REQUIREMENTS FOR OBTAINING A MINOR USE PERMIT The Application contained no evidence necessary to make any of the findings needed to issue a minor use permit. Other than submitting a stack of pre-printed form letters purporting to show support, Applicant proffered no evidence to prove any of the conditions necessary to receive a minor use permit. 1. The Applicant must submit evidence to show that the proposed use complies with all other applicable provisions of this Zoning Code and the Municipal Code. (NB Muni Code § 20.52.020.) Applicant provided nothing to make this showing. Applicant did not submit any proposed construction plans, did not submit any proposed capacity, did not submit any analysis of parking requirements. In fact, Applicant could not make this showing, as it would be impossible to meet this requirement at this location. This building does not conform with the building or zoning standards of the Municipal Code. If Applicant wished to utilize the non-conforming status of the building Applicant was required to but did not, submit evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. (NB Muni Code § 20.38.030.) In addition, to the extent that the non-conforming laws apply, the construction necessary to make the space useable for a tattoo parlor would require the space to become conforming, which is not possible. (NB Muni Code § 20.38.040 [For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Zoning Code].) With respect to the Building Code and Fire Code, it is not possible for the building to meet the building and fire standards, some of which are described in this letter. Unlike the Zoning Code, there is no provision for a non-conforming use of a space that does not meet the building or fire code standards. With its 7’ 4” ceilings, 22” doorways, narrow hallways, lack of elevator, decades old unpermitted construction and space reconfiguration, just to name a few items, it is impossible for Applicant to meet this element with regard to the proposed space. 180 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 11 2. The Applicant must submit evidence to show that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Applicant did not and cannot. The location in the building is not compatible with the other businesses in the building. Presently there are incompatible businesses such as a children’s tutoring business, a counselling center and my law office. There are also two retail clothing stores, which are not compatible with tattoo parlors. A block away, there are two other children’s tutoring centers (Mathnasium and Kumon), a children’s barber (First Cut), and a children’s Taekwondo center (CDM Blackbelt Center). None are compatible with tattoo parlors or live model private art classes. In addition, of the current nine tenants in the building of the proposed space, there are already three businesses that are categorized as “Restricted Use:” two day spas [La Vita Salon & Spa, Suite 110 and Korean Beauty Skin, suite 204] and a nail salon [Ciel Bleu Nail Care suite 208]. Restricted uses are personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts. (NB Muni Code § 20.70.020.) To permit half of the tenants in this tightly packed building to be restricted use will not serve the purpose of disbursing restricted use businesses. 3. The Applicant must submit evidence to show that 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. The Applicant did not. As discussed above, the proposed uses within the proposed space itself are not compatible with each other. (E.g. tattooing not compatible with minors, minors not compatible with adult live models, live models not compatible with tattooing, tattooing not compatible with art supplies and canvases, etc.) The small size of the proposed space is also not compatible with the proposed uses within the proposed space (Art Gallery, Art Exhibitions and Art Classes in a closet, tattoo procedure area open and not compatible with personal belongings and porous art canvasses). 181 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 12 4. The Applicant must submit evidence to show that the operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Applicant did not. The increase in traffic and parking is not compatible or in compliance with the Municipal Code; it is not in keeping with the neighborhood and deprives residents of precious little parking left. In addition, the proposed space is in a building that abuts a residential neighborhood. The building is extremely close to other residential dwellings, both across the street and next door. This further raises health and safety issues, especially because the waste receptacle for the building is mere feet from one home. In addition to the above, there is a very real health and safety problem with permitting a tattoo parlor to operate in a non-conforming building. The Safe Body Art Act was enacted to reduce the spread of blood-borne pathogens and other blood-borne diseases. Operating a tattoo parlor in a building that lacks adequate toilet facilities, lacks access to the toilet facilities, lacks adequate pathways, and has inadequate ventilation, low ceilings with absorbent, non-waterproof ceiling tiles that traverse the suite boundaries into the hallways would create an unacceptable risk to the other tenants as well as their customers. Where, as here, a building cannot comply with the requirements of the Safe Body Art Act, then operating a tattoo parlor in that building would be unsafe. APPELLANT’S AND APPLICANT’S PROPOSED USES REQUIRE MORE THAN JUST A MINOR USE PERMIT. Appellant and/or applicant seeks to offer classes using live models. “Adult model studio” means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the 182 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 13 premises. “Adult-oriented business” includes a business establishment that performs as an adult model studio. “Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four (24) hours in advance of participation in the class. (NB Muni. Code, § 5.96.010.) Adult Model studios require an adult oriented business permit, which may only be issued upon the applicant’s proof of certain requirements. (NB Muni. Code, §§ 5.96.015, 5.96.025.) Neither Applicant nor Appellant has applied for such permit. Even if Applicant or Appellant had applied for such permit, no permit could be issued, for, among other reasons the fact that: x Tattooing is not allowed on the same premises as an adult oriented business; x the premises cannot comply with the development and design requirements of the zone in which it is to be located for the specific underlying use, as required; x the premises do not have separate restroom facilities for male and female patrons, as required; x Minors must not be permitted to enter, which would preclude Applicant/Appellant’s intent to provide private art lessons to minors; x Applicant/Appellant intends to stage special events, which would increase the parking demand, which is prohibited (NB Muni. Code, § 5.96.025) Applicant was also required to apply for and obtain either a building permit or a zoning clearance. (NB Mui. Code § 20.52.100.) Applicant did not. Had applicant applied for either a building permit or a Zoning Clearance, Applicant would have realized that the proposed uses cannot be permitted at this location. THE PROPOSED USES IMPERMISSIBLY INCREASE PARKING REQUIREMENTS FOR AN ESTABLISHMENT IN A BUILDING WITH NO PARKING 2721 E. Coast Highway has no on-site parking. Subject to exceptions not available here, only those new business uses that require no more than one space per 250 square feet and that do 183 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 14 not do not increase the parking capacity may operate at this location. (NB Muni Code, §§ 20.38.010 et seq., 2138.010 et seq.) Fractional parking space requirements shall be rounded up to the next whole space. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use. (NB Muni Code, § 20.40.020.) Here, the proposed space is approximately 417 sq. ft. Per section 20.40.040 and Table 3-10, Applicant and Appellant’s proposed uses require the following parking spaces Business Type Off-street parking requirement Number of spaces required for proposed space Adult-Oriented Businesses 1 per 1.5 occupants1 or as required by conditional use permit 62 Retail Sales (Art Gallery) 1 per 250 sq. ft. 2 Studio (dance, music, and similar) 1 per 250 sq. ft. 2 Personal Services 1 per 250 sq. ft. 2 TOTAL 1 per 40 sq. ft. 12 Applicant and Appellant’s proposed uses violate even the non-conforming use parking requirements and cannot be approved. Moreover, nonconforming parking is only allowed where the building does not conform only with respect to the parking requirements. In this building, there are several non-conforming issues. The toilet facilities do not comply with the building standards, as they are not handicap accessible, they do not have smooth impervious surfaces surrounding the sink and toilet and they are only 4.75 ft. by 5 ft. in size. The doorways are less than 24 inches wide, the hallways connecting the bathrooms to the other portions of the building are only 33 inches wide, and the door to the lower level toilet facility swings out into the hallway 1 maximum occupancy allowed (NB Muni. Code, § 20.40.030.) 2 Using Applicant’s value of “7 artists and one model,” plus instructor. 184 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 15 in front of the bathroom, which leaves less than 12 inches of clearance to pass to enter the toilet facility. The ceiling heights are 7 ft. 4 in. high. on the lower level. These are but a few of the non- conforming qualities of the building. In addition, any increase in occupancy load is permitted only upon issuance of a conditional use permit, and Applicant/Appellant have not applied for or obtained any such permit. (NB Muni Code, § 20.38.050.) BECAUSE THE APPLICANT AND ITS PURPORTED OWNERS FAILED TO SUBMIT AN ACCURATE TRUTHFUL APPLICATION, AND BECAUSE THE PURPORTED OWNERS OF THE BUSINESS HAVE FAILED TO COMPLY WITH THE MOST BASIC OF REQUIREMENTS, THEY HAVE SHOWN THAT THEY WILL BE UNABLE OR UNWILLING TO COMPLY WITH THE REQUIREMENTS OF THE SAFE BODY ART ACT AND ORANGE COUNTY HEALTH REQUIREMENTS The regulations and restrictions on body art facilities owners and practitioners are very strict. For example: 2. Body art facility owners must a. maintain a list of all current and prior body art practitioners operating in the facility and notify the local agency writing within 30 days of the resignation, termination, or new hire of a body art practitioner at the body art facility; b. submit plans to the Plan Review Unit of the local enforcement agency. The plans shall be approved in advance of the issuance of a building, plumbing, or electrical permit; c. maintain and follow a written Infection Prevention and Control Plan pursuant to Health and Safety Code section 119313; d. provide initial and annual in-person, site-specific training to every employee on the hazards and the protective measures to be taken to minimize the risk of occupational exposure to blood and OPIM; e. maintain and follow a written Exposure Control And Prevention in compliance with OSHA’s Bloodborne Pathogens Standard (29 CFR 1910.1030); f. train all personnel regarding the facility’s Infection Prevention and Control Plan, and maintain logs of the training; g. Dispose of waste by a licensed waste hauler. Materials shall be disposed of by disposal after an approved method of decontamination, by disposal at a licensed treatment facility, or by removal and transportation through a mail-back system authorized by the State Department of Public Health; h. maintain records of all sharps waste for three years. 185 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 16 3. Body art Practitioners must a. be at least 18 years old; b. satisfactorily complete OSHA Bloodborne Pathogens Exposure Control Training pursuant to the requirements of paragraph (2) of subdivision (g) of Section 5193 of Title 8 of the California Code of Regulations, or its successor. (Cal Health & Saf Code § 119307 [this requirement applies to all practitioners, employees and volunteers]); c. either be vaccinated against hepatitis B or satisfy all vaccination declination requirements; d. be registered with the County where they practice; e. commit to meet state law and relevant local regulations pertaining to body art safety. Appellant claims that “the facility will be regularly inspected to ensure a sterile work environment, as well as meet [sic] all health regulations set by California Safe Body-Art Act.” (Staff Report Attachment G [Revised Project Description], page 2.) Appellant is wrong. Unfortunately, the reality is that the regulatory agencies are overworked and understaffed. As such, inspections rarely occur and the body art industry is virtually self-regulated. As stated in the most recent Law Review Article regarding Tattoos: California requires that tattoo parlors register with the county in which they operate, and requires counties to perform annual inspections of tattoo parlors. Cal. Health & Safety Code §§119300-09 (West 2012). However, neither Los Angeles County nor Orange County require anything approaching annual inspections, and in an era of year-after-year budget cuts, it is doubtful that other counties will comply either. In Los Angeles County, which is the most populous county in the United States, there is one county tattoo inspector to monitor at least 300 tattoo parlors and 850 tattoo artists. See Anderson, 621 F.3d at 1056. "Many tattoo parlors [in Los Angeles County] have never been inspected and are subject to no regulations other than the requirement to register with the County." Id. Indeed, Prix Body Piercing, a tattoo parlor on the famous Colorado Boulevard in Pasadena, California, has been inspected twice in the last eleven years. Interview with Eddie "EdD" Herrera, supra note 178. The inspector ensured that there was soap and running water in the bathroom, hand sanitizer in the parlor, and a sterilizer. Id. The inspector did not examine whether the sterilizer was plugged in or in working order. Id. Tellingly, the "Body Art and Tattoo" link on the "Permits and Licenses" page of the Los Angeles County municipal website has been inoperative since at least March, 2011. LA County Business, http://lacounty.gov/wps/portal/lac/business/ (last visited Apr. 12, 2012) (follow "Permits & Licenses" link; then follow "Body Art and Tattoos" link). (Who Owns Your Skin: Intellectual Property Law And Norms Among Tattoo Artists (May 2012) 85 S. Cal. L. Rev. 1137, 1176, n. 266.) 186 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 17 In addition, the City’s own inspectors have not addressed the existing or past violations in this building or others. For example, several buildings have had unpermitted construction ongoing for many months without one violation. At least one tenant of this building resides in his/her commercial space; in others, doors and windows have been walled over and obstructed, without violation. We cannot expect the City inspectors or the Orange County Health Department to constantly police a basement commercial space that has all exterior windows obstructed. Ms. Gallegos’s promise to abide by the law is of no comfort. Because Ms. Gallegos and/or Mr. Aguirre have been unable to comply with the basics of creating the business entity “E Art Gallery,” because both applicant and Appellant have submitted plans that do not portray the actual premises, skew the scale, and falsely state the square footage of the proposed premises, there is good reason to believe that she/he/they will be unable or unwilling to comply with the requirements of the Safe Body Art Act and the Orange County Health requirements. HAD THE APPLICANT FOLLOWED THE PROCEDURAL RULES, IT WOULD HAVE BEEN CLEAR SOONER THAT THE APPLICATION SHOULD BE DENIED Any applicant for a project requiring more than one permit application (e.g., conditional use permit, site development review, tentative map, etc.) shall file all related applications concurrently, with all appropriate application fees. (NB Muni. Code § 2050.030.) Had Applicant filed all necessary applications concurrently (minor use permit, conditional use permit, adult oriented business permit, building permit and Zoning Clearance), then we would not be here, because the City Staff would have seen that the Applicant’s proposed uses are not permissible in this building. Thank you for considering this objection to the Appeal of Samantha Gallegos regarding the Planning Commission’s proper denial of “E Art Gallery’s” minor use permit application. For the reasons above and more, I urge the City of Newport Beach and this Honorable City Council to deny the Appeal. Yours truly, _____/s__________ Melinda M. Luthin, Esq. encl. 187 188 189 INTENTIONALLY BLANK PAGE190 191 INTENTIONALLY BLANK PAGE192 193 INTENTIONALLY BLANK PAGE194 195 INTENTIONALLY BLANK PAGE196 197 INTENTIONALLY BLANK PAGE198 199 INTENTIONALLY BLANK PAGE200 201 INTENTIONALLY BLANK PAGE202 203 INTENTIONALLY BLANK PAGE204 205 INTENTIONALLY BLANK PAGE206 207 INTENTIONALLY BLANK PAGE208 209 INTENTIONALLY BLANK PAGE210 211 INTENTIONALLY BLANK PAGE212 213 INTENTIONALLY BLANK PAGE214 blacked out windowfront doors215 INTENTIONALLY BLANK PAGE216 blacked out windowblacked out windowblacked out window217 INTENTIONALLY BLANK PAGE218 219 INTENTIONALLY BLANK PAGE220 221 INTENTIONALLY BLANK PAGE222 Across street from and next door to residential223 INTENTIONALLY BLANK PAGE224 225 INTENTIONALLY BLANK PAGE226 RockStars Of Art Parking227 INTENTIONALLY BLANK PAGE228 RockStars Of Art Parking229 INTENTIONALLY BLANK PAGE230 Attachment No. PC 7 February 26, 2019 City Council Staff Report 231 INTENTIONALLY BLANK PAGE232 TO: FROM CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: TITLE: ABSTRACT: February 26, 2019 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov Chelsea Crager, Associate Planner, ccrager _newportbeachca.gov 949-644-3227 Appeal of Planning Commission's Denial of a Minor Use Permit No. UP2018-014 for E. Art Gallery (PA2018-177) On December 6, 2018 the Planning Commission denied a Minor Use Permit (MUP) application for tattoo services located 2721 East Coast Highway, Suite 104. Savaanah Gallegos, the applicant, filed an appeal (Attachment A) of the Planning Commission's denial. The applicant requests the City Council reverse the Planning Commission's decision and approve the appeal of the Minor Use Permit. RECOMMENDATION: a) Conduct a de novo public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2019-19, A Resolution of the City Council of the City of Newport Beach, California, Reversing the Decision of the Planning Commission and Approving the Appeal of Minor Use Permit No. UP2018-014 for a Tattoo Studio (Personal Services, Restricted Use) Located at 2721 East Coast Highway, Suite 104 (PA2018- 177). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On December 6, 2018, the Planning Commission conducted a public hearing on a MUP application for tattoo services. The MUP application is a request to operate a tattoo studio Personal Services, Restricted land use) in conjunction with an artist gallery/studio within an existing 693 -square -foot commercial tenant space. The artist studio/art gallery is a permitted use and approval of use permit is not required. 12-1233 Appeal of Planning Commission's Denial of a Minor Use Permit No. UP2018-014 for E. Art Gallery (PA2018-177) February 26, 2019 Page 2 As proposed by the applicant and pursuant to conditions of approval included in the draft resolution for approval, the tattoo aspect of the business would consist of two workstations with a maximum of two tattoo artists working at the same time. The artists would operate by appointments only, with no "walk-in" services offered. The hours of operation are proposed to be between the hours of 10 a.m. to 8 p.m., daily. The art gallery/studio aspect of the business will include painting and figurative drawing classes, painting on canvas, and commissioned artwork. After listening to public testimony and Planning Commission discussion, the Planning Commission determined the use would be incompatible with the surrounding neighborhood and voted 3-2 denying Minor Use Permit No. UP2018-014 (MUP) by adopting Resolution No. PC2018-032 (Attachment B). The Planning Commission found the following facts not supporting the MUP: 1. The establishment of a tattoo studio would not be consistent with the provisions of the Zoning Code; 2. The request may lead to a proliferation of personal services; 3. The site is not physically suitable for the operation of a personal service; and, 4. The use may impact surrounding residential neighborhoods. On December 20, 2018, the applicant filed an appeal the decision of denial alleging the Planning Commission did not provide sufficient facts to support the decision to deny the application. The December 6, 2018, Planning Commission meeting minutes are included as Attachment C. A full and complete analysis of the proposed use is provided in the attached Planning Commission staff report as Attachment D. Appeal The applicant contends the Planning Commission did not provide sufficient facts to support its decision to deny the application. The appellant states their belief that the use is compatible with surrounding land uses, will not cause negative parking impacts, and that tattooing is a form of expression protected by the First Amendment. Additionally, the applicant has submitted an updated project description which states that no tattooing appointments would take place with unaccompanied minors present. Staff Analysis The applicant's appeal primarily focuses on three items of note: that the use is compatible with surrounding land uses, that it will not negatively impact parking demand, and that tattooing is protected under the First Amendment. Staff considered these issues in the recommendation to Planning Commission for approval. Pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.70 (Definitions), tattoo services are defined as a "personal services, restricted" land use: 12-2234 Appeal of Planning Commission's Denial of a Minor Use Permit No. UP2018-014 for E. Art Gallery (PA2018-177) February 26, 2019 Page 3 Personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts, including: a. Day spas. b. Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under "Massage establishments. " C. Tanning salons. d. Tattoo services and body piercing studios. These uses may also include accessory retail sales of products related to the services provided." There are five tattoo studios currently operating within the City (Attachment E): three on the Balboa Peninsula, one in Newport Shores, and one recently approved in Newport Heights. Of the five, the nearest is Agape Art Collective, located approximately four miles away in Newport Heights on Old Newport Boulevard. Therefore, the proposed project would be the first tattoo establishment in Corona del Mar. Pursuant to Municipal Code Sections 20.40.040 and 21.40.040 (Off -Street Parking Spaces Required), retail, personal service, general (barber and beauty shops) uses and art studios require parking at a rate of one space for every 250 square feet of gross floor area. The existing multi -tenant commercial building is legal non -conforming because there are no parking spaces provided onsite. Municipal Code Sections 20.38.060(B)(1) and 21.38.060(B)(1) (Nonconforming Parking) allow a building with nonconforming parking to change to a new use without providing additional parking provided there is no intensification or enlargement and the new use requires no more than one parking space for every 250 square feet of gross area. The proposed use would be located in an existing tenant space and complies with these parking standards. Federal Law Federal courts have ruled that tattooing and the display of tattoos are rights protected by the First Amendment to the United States Constitution. Therefore, the City Council's action must be based upon content -neutral time, place, and manner restrictions involving potentially detrimental factors such as increased traffic, health concerns, noise, odors, etc. that cannot be mitigated or avoided with reasonable conditions of approval or design modification. Staff believes sufficient facts exist in support of each finding required by NBMC Section 20.52.020.E (Conditional Use Permits and Minor Use Permits) for approval. As proposed and conditioned, the use is expected to operate in an effective and non -detrimental manner that would be compatible with the surrounding commercial tenants and commercial uses in the area. 12-3235 Appeal of Planning Commission's Denial of a Minor Use Permit No. UP2018-014 for E. Art Gallery (PA2018-177) February 26, 2019 Page 4 Alternatives The following alternatives are available to the City Council: The City Council may require or suggest specific changes that are necessary to alleviate any identified concerns. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings and/or conditions. 2. If the City Council believes there are insufficient facts to support the findings for approval, the Council needs to identify the reasons approval would be detrimental to or incompatible with the community based upon factors other than a protected right. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project 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. 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/studio in an existing commercial tenant space. If the City Council chooses to deny the appeal and uphold the decision of the Planning Commission, the project is not subject to CEQA pursuant to Section 15270 of the CEQA Guidelines. NOTICING: Notice of this hearing 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 meeting, 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). ATTACHMENTS: Attachment A — Appeal filed by Savaanah Gallegos Attachment B — Planning Commission Resolution No. PC2018-032 Attachment C December 6, 2018 Planning Commission Minutes Attachment D December 6, 2018 Planning Commission Staff Report Attachment E — Tattoo Service Location Map Attachment F — Resolution No. 2019-18 Attachment G Updated Project Description Attachment H Updated Project Plans 12-4236 Attachment A Appeal Filed by Savaanah Gallegos 12-5237 INTENTIONALLY BLANK PAGE238 EV(/Po, Appeal Application y City Clerk's Office v = z 100 Civic Center Drive / P.O. Box 1768 4 Newport Beach, CA 92658-8915 F0R4111- 949-644-3005 Clerk's Date & Time Stamp EC3EPVED 1010 DFS 20 Pik 4: 08 Appeals are time sensitive and must be received by the City Clerk specified tim6lWT0NRWWhRFAdKion 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: G, Name(s):, wioy)al la Address: City/State/Zip: C26 A M k. 5R . C Al VF OWN \A ,1210 1 Phone: I);L ' ' S ` Email: I S'ASy C1r r(ioi11 CUM Appealing Application Regarding: Name of Applicant(s): EI- c3p&1_:E" Date of ,Final Decision: )tcyU-, 1 Project No.: P N 2 011 r7 - Il Activity No.: V? zm 0 1:A Application Site Address: I i- E,_ C(ASN )\O S A 10_ CW , Ch a7llpLe Description of application: C. pfv o v(I\ v Nt,Ce..S[ C Reason(s) for Appeal (attach a separate sheet if necessary) Signature of Appellant: FOR OFFICE USE ONLY: D, ppeal filed a d Administrative Fee received Ila Cit Jerk cc: Department Director, Deputy Director, Staff, File Cashier Code: CDD004 (Harbor Appeals HBR001) 0 a, 20. F:UserslClerklSharedlFormsl4ppealApplication Updated 12/ 14/2018 12-6 239 RECEIVED Reasons for Appeal 1016 OEC 20 PM 4. 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. C®W%@liners who were in opposition didn't give elaborate reasons for denial and wrongly dem%gaaevidence. Savaanah Gallegos, owner of E Art Gallery, is appealing to City CouncildutWFAis 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 12-7240 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. ScWactn 12-8241 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 12-9242 Attachment B Planning Commission Resolution No. PC2018-032 12-10243 INTENTIONALLY BLANK PAGE244 RESOLUTION NO. PC2018-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING 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. An application was filed by E. Art Gallery ("Applicant"), with respect to property located at 2721 East Coast Highway, Suite 104, Assessor's Parcel Number 459-171-14 ("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. 3. The Property is designated Corridor Commercial ("CC") by the General Plan Land Use Element and is located within the Commercial Corridor ("CC") Zoning District. 4. The Property is located within the coastal zone and is within the Commercial Corridor CC") Coastal Zoning District. A coastal development permit is not required as the proposed 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 Newport Beach Municipal Code 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. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQX) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a minor use permit only after making each of the five 5) required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of the Newport Beach Municipal Code. In this case, the Planning Commission was unable to make the required findings based upon the following: Findinas for Minor Use Permit: A. The use is consistent with the General Plan and any applicable specific plan; 12-11245 Planning Commission Resolution No. PC2018-032 Paae 2 of 3 B. The use is consistent with the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 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. 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 Not in Support of Findings: 1. The Planning Commission determined, in this case, that the establishment of a tattoo studio ( personal services, restricted land use) would not be consistent with provisions of the Zoning Code, specifically Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. The applicant's request may lead to a proliferation of personal services, restricted land uses within the area. 3. The site is not physically suitable in terms of design, location and operating characteristics for the establishment of a personal services, restricted land use. 4. The addition of a personal service, restricted land use may impact surrounding residential neighborhoods. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2018-014. 2. This action shall become final and effective fourteen (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. 12- 06- 18 12-12246 Planning Commission Resolution No. PC2018-032 Paae 3 of 3 PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF DECEMBER, 2018. AYES: Kleiman, Koetting and Lowrey NOES: Weigand and Kramer r_I:01r_1u, ABSENT: Ellmore and Zak 12- 06-18 12- 13247 INTENTIONALLY BLANK PAGE248 Attachment C December 6, 2018 Planning Commission Minutes 12- 14249 INTENTIONALLY BLANK PAGE250 IV. V. VI. VII NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 6, 2018 REGULAR MEETING — 4:00 P.M. CALL TO ORDER — The meeting was called to order at 4:00 p.m. PLEDGE OF ALLEGIANCE — Commissioner Koetting ROLL CALL PRESENT: Chair Peter Zak (arrived at 5:42 p.m.), Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Lauren Kleiman (arrived at 4:01 p.m.), Commissioner Peter Koetting, Commissioner Kory Kramer ABSENT: Commissioner Curtis Ellmore (excused) Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Deputy City Attorney Armeen Komeili, City Traffic Engineer Tony Brine, Senior Planner Jaime Murillo, Principal Planner Gregg Ramirez, Associate Planner Benjamin Zdeba, Administrative Support Specialist Tiffany Lippman, Planning Technician Patrick Achis PUBLIC COMMENTS Jim Mosher suggested Commissioners share any information they learned from ex parte communications during disclosure of ex parte communications. He expressed concern regarding decisions being made by bodies that do not have the visibility of the Planning Commission or City Council. REQUEST FOR CONTINUANCES None CONSENT ITEMS ITEM NO. 1 MINUTES OF NOVEMBER 8, 2018 Recommended Action: 1. Approve and file Motion made by Commissioner Koetting and seconded by Commissioner Kleiman to approve the minutes of the November 8, 2018 meeting as presented. AYES: Weigand, Lowrey, Kleiman, Koetting, Kramer NOES: None ABSTAIN: None ABSENT: Zak, Ellmore STUDY SESSION ITEM NO. 2 NEWPORT CROSSINGS MIXED-USE PROJECT (PA2017-107) Site Location: 1701 Corinthian Way Summary: Development of a mixed-use residential project consisting of 350 residential dwelling units, 7,500 square feet of commercial space and a 0.5 -acre public park. An existing commercial center called MacArthur Square that is located on the 5. 7 -acre project site would be demolished. Project implementation requires the approval of the Site Development Review, Lot Line Adjustment and Affordable Housing Implementation Plan. 1 of 12 12-15251 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 Senior Planner Jaime Murillo reported the project site is located in the Airport Area, with John Wayne Airport to the west and the City of Irvine to the north and east. The Airport Area is predominantly developed with office uses and commercial and industrial uses. The General Plan Update, in 2006, identified the Airport Area as an area for potential redevelopment of underutilized sites for mixed-use residential development. The project site is located within the Newport Place Planned Community, which was developed in the early 1970s for office, retail, and hotel uses. In 2012, the Planned Community was amended to include a residential development overlay that allows the development of residential projects with a component of affordable housing. Projects with 30 percent of the units reserved for low-income households can be developed within the Newport Place Planned Community. The Uptown Newport mixed-use project is the first residential project approved in the Airport Area and is under construction. The project site is currently developed as MacArthur Square Shopping Center and contains three parcels totaling 5.69 acres. MacArthur Square Shopping Center contains 58,277 square feet of retail and commercial uses in eight single -story buildings. The project proposes the shopping center be demolished and replaced with a mixed-use development. The development consists of 350 rental residential units, of which 259 are considered base units and 91 are considered density bonus units; 7,500 square feet of nonresidential development, of which 2,000 square feet will be used for a casual restaurant use and 5,500 square feet for general commercial and retail uses; and a half -acre public park. The General Plan and the Planned Community limit the density to be trip neutral and cannot exceed a maximum density of 50 dwelling units per acre. After deducting the half acre for the park, the remaining project site contains 5.19 acres. Multiplying 5.19 acres by 50 units (the maximum density) results in 259 dwelling units. However, because the project contains 78 affordable units, consistent with the residential overlay of the Planned Community, the project is eligible for a density bonus under the Newport Beach Municipal Code and the State Density Bonus Law. The project is eligible for the maximum density bonus, which is 35 percent of the number of base units or 91 bonus units. The residential units will wrap around a central parking structure comprised of six levels and up to 740 parking spaces. The commercial component of the project is located at the intersection of Martingale Way and Corinthian Way. Vehicular access will be through two driveways, one off Martingale Way and one off Scott Drive. The public park will be located on the southern portion of the site. The park will be dedicated to the City and be improved and maintained by the developer. Park amenities include a dog park, a bocce ball court, a pickleball court, a play lawn and playground structure, a fitness terrace, a dining terrace, and seating walls. The Recreation and Senior Services Department has reviewed and supports the plan. Staff will present the park design to the Parks, Beaches and Recreation Commission for review and recommendations on February 5, 2019, and return to the Planning Commission in February or March 2019. The residential buildings will have four and five -level facades that screen the central parking structure. For the Planning Commission's future consideration are applications for site development review, lot line adjustment, and Affordable Housing Implementation Plan (AHIP). The Newport Place Planned Community Residential Overlay is required by the City's Housing Element, provides zoning, and is intended to eliminate development constraints to affordable housing. The standards allow development of up to 50 dwelling units per acre plus any additional units allowed through a density bonus; require a minimum 30 -foot setback from streets and 10 -foot setbacks from interior property lines; establishes a 55 -foot height limit; allows a greater height limit through site development review; requires a higher level of amenities; and ensures neighborhood integration. The mixed-use development site will be divided into two parcels, one for the development and one for emergency access and parking for the public park. The third parcel consisting of 0.5 acre will be the public park. The AHIP will ensure development includes the minimum 30 -percent (78 units) allocation for low-income units. By providing affordable housing, the project is eligible for the 91 unit density bonus and entitled to reduced residential parking ratios, two development incentives, and a development waiver. Using the density bonus standard, the total number of required parking spaces is 474; however, the project proposes 661 parking spaces. The applicant requests only one development incentive to modify an overlay requirement such that the project could have a higher allocation of studio and one -bedroom units. The applicant requests a waiver of the 55 -foot height limit to allow rooftop features consisting of elevator shafts, stair towers, mechanical equipment, the highest level of the parking deck, and a rooftop amenity. PlaceWorks has prepared a Draft Environmental Impact Report (DEIR) for the project, and the DEIR was released for public review on November 30, 2018. Potential significant impacts were identified in the DEIR areas of air quality, biological resources, cultural resources, hazards and hazardous materials, and public services; however, mitigation measures can reduce the potential impacts to less than significant levels. The public comment period for the DEIR ends on January 14, 2019. Dan Vittone of Starboard Realty Partners, the applicant, advised that the prior owner of the site submitted an application to develop a mixed-use project, and the Planning Commission denied the application in 2016. With respect to concerns raised regarding the prior application, the Newport Crossings project will adhere to and exceed setback requirements; comply with the 55 -foot height limit in all livable areas; have approximately 50 -percent more 2of12 12-16252 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 retail space than the prior application; dedicate a public park to the City; have approximately 10 percent fewer units than the prior application; and the architecture and design of the project will be compatible with the surrounding development. R.C. Alley, project architect, noted the site has five sides and four street fronts. The greatest visibility of the site is on Corinthian Way. Retail spaces are located along Corinthian Way and are designed to fit a variety of uses. A plaza along Corinthian Way will be a good space for people to gather. Retail parking is located within the parking structure. With a central above -grade parking structure, a resident can park on the floor of the parking structure that corresponds to the floor of his residence. The project will have 30 -foot setbacks along Scott Drive, and ground - floor residential units will have stoops to the street. Along the southern end of Scott Drive, the building will step down and have a notch to vary the building mass. Buildings along Dove Street will step down to four stories. The recreation area of the project opens visually into the park. A vehicular entrance is located on Martingale Way, where most residents and retail users will enter the project. The leasing center will also be located off Martingale Way. The site is surrounded by many different types of projects. No buildings of a traditional style are located in the area of the project; thus, a soft contemporary style will be appropriate for the site. From Corinthian Way and Martingale Way, the focal point will be the retail space. An open walkway from the plaza to parking will separate the retail space into two components. The project will have a pool, a club and exercise facility, and a pet spa. Matt Jackson, project landscape architect, indicated the park will not be fenced or gated and will have exercise areas, a gathering space, a divided dog park, a pickle ball court, a tot lot, a bocce ball court, and seating areas. In response to Commissioner Koetting's and Vice Chair Weigand's questions, Senior Planner Murillo explained that, through the conditions of approval, the developer will enter into an agreement with the City regarding the park. The City will own the park, and the developer will construct the park and improvements, pay for the improvements, and maintain the park. The maintenance period will be indefinite. Deputy Community Development Director Campbell added that the arrangement will be the same as the arrangement for the Uptown Newport project. City Traffic Engineer Tony Brine indicated staff will monitor parking on Martingale once the project is fully occupied. Parking could be reviewed for time restrictions or parking restrictions. Senior Planner Murillo related that are four parking spaces devoted to park parking, one of which is an ADA space with a loading area. Any parking area is required to have at least one ADA space. The City will have an easement for emergency access and parking for the park. The space for emergency access can be used as flexible park space. Vice Chair Weigand preferred an evaluation of parking occur while the project is under construction. Commissioner Koetting suggested the applicant consider a fence between the park and the office building to the south to prevent park users from parking at the office building. Staff should invite neighboring property owners to the February meeting with the Parks, Beaches, and Recreation Commission. In reply to Commissioner Koetting's inquiries, Mr. Alley advised that the project will have three floors of residential units above retail space. Generally, the retail spaces will be 19 feet tall. The roof deck will extend above the 55 - foot height limit as shown on page A.2.7 of the project plans. Mr. Vittone reported 2,000 of the 7,500 square feet of retail space will be occupied by a casual restaurant. The remaining retail space will probably be occupied by ancillary services that benefit the residents. He wanted to find a grocer for 3,000-4,000 square feet of the space. Most of the existing landscaping and the berms will remain. The project will have 78 units of low-income housing, and the applicant has requested an incentive to allow a disproportionate share of studio and one -bedroom units. For a two-bedroom, two -bathroom unit containing approximately 1,150 square feet, the applicant can charge rent of $1,080 per month inclusive of a utility allowance. The cost of the 78 units will be approximately $37 million. Given the cost and rental income, the profit will be approximately $4,000 per unit per year. Mr. Murillo explained that households earning up to 80 percent of the area median income (AMI) for Orange County will be eligible for some units, and households earning up to 60 percent of AMI will be eligible for other units. Units will not be uniquely designated as affordable, and all units in the project will have the same interior finishes and access to amenities. Commissioner Kramer noted his criticisms of the prior application for the site and favored the intelligent design, the wrap structure, the siting of the retail space, and the design of the park in the current application. He supported the project. 3of12 12-17253 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 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, 4of12 12-18254 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 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 exemptfrom 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 staffs 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. 5of12 12-19255 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 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. 6of12 12-20256 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 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, 7of12 12-21257 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 and a 15 -foot setback to Bristol Street. The project requires a General Plan Amendment to change the land use from CO -G to PI and to increase the development limit from 70,000 square feet to 85,000 square feet; a Planned Community Amendment to allow the RCFE subject to a use permit; site development review; and a conditional use permit (CUP). The applicant proposes a development agreement to provide public benefits of 1 million as the project is implemented. Within the City of Newport Beach, 181 parcels totaling 171 acres have a CO -G designation. Seventy-seven additional parcels totaling 137 acres have a similar designation. With the amendment, the City would lose less than 1 percent of its CO -G inventory. The application was submitted on November 23, 2015, and the project has been revised several times. Employees, visitors, and residents will primarily access the site through the subterranean parking, which should eliminate concerns about noise. Trash collection will occur via the subterranean parking and the south end of the building. The trash collection area is located near the garages for the adjacent residential development. Drop-off and pick- up will occur at the roundabout. Emergency access will be provided by a gated entrance off Bristol Street. The height limit is 35 feet to the topmost ceiling with an additional 10 feet allowed for mechanical screening. The proposed structure will be 39 feet 6 inches to the topmost roof. Materials for the project include smooth stucco, stainless steel, glass, and stacked stone columns for the perimeter wall. A DEIR was released on August 10, 2018, and the comment period ended September 28, 2018. The DEIR includes mitigation measures for cultural resources, geology and soils, land use and planning, noise, and public services. During the comment period, the City received 82 written and 23 verbal comments, and staff provided responses to each comment. The comments did not raise any issues that required significant changes and/or recirculation of the DEIR. Mitigation measures include a fair -share payment for an ambulance to be located at Fire Station Number 7 and measures to reduce construction noise. Condition of Approval Number 9 requires future review of any changes to the project. Condition of Approval Number 10 restricts delivery and trash pickup to the hours of 9:00 a.m. to 5:00 p.m. Condition of Approval Number 11 limits visiting hours to 7:00 a.m. to 11:00 p.m. Condition of Approval Number 12 requires onsite parking and prohibits parking elsewhere. Condition of Approval Numbers 29 and 30 require a photometric survey to ensure outdoor lighting does not provide glare to nearby residences. Condition of Approval Number 37 requires that a Native American monitor be on-site during excavation. Condition of Approval Number 38 requires a construction management plan be approved prior to the issuance of building permits. Staff believes the project will create a quasi -residential project that will integrate well with surrounding uses. The project will serve the City's large aging population. Ifthe Planning Commission approves staffs recommendation, staff will present the project to the Airport Land Use Commission and the City Council. Commissioners Kramer, Kleiman, Koetting, Secretary Lowrey, Vice Chair Weigand, and Chair Zak disclosed in-person and telephone conversations with the applicant's consultant and the applicant. Commissioner Koetting noted his conversation related to the timing of the hearing. Vice Chair Weigand indicated his conversation pertained to the merits of the application. Carol McDermott, applicant representative, advised that 25 percent of Newport Beach residents are over age 65. Existing facilities are few, were built quite some time ago, and do not represent the current standards. An RCFE is a specialized type of State licensing, is regularly inspected for care and safety standards, is a non- medical facility, and provides residents with personal assistance with daily living activities. Residents are over age 60. An RCFE can include assisted living and memory care services, but it does not provide drug rehabilitation services or nursing and medical care. Area 5 of the Bayview PC contains a mix of uses. The Bayview Planned Community was adopted in 1985, amended in 1987 to allow certain improvements in side yards, amended in 1995 to add land uses for bars, theaters, and nightclubs, and amended in 2010 to add land uses for medical office and outpatient surgery. Proposed changes to the Bayview Planned Community affect only Area 5, eliminate permitted uses other than RCFE, increase the setbacks from residential properties, provide a minimum parking requirement, and provide maximum building square footage. All other RCFE developments in the City are zoned Pl. The General Plan Amendment will change the anomaly table to restrict the site to RCFE use only. With the maximum number of employees onsite during shift change, the project will provide more parking spaces than needed. The project will provide a significant visual buffer from the adjacent residences through enhancements to the perimeter landscaping. In response to Planning Commission comments, the applicant added 1,000 square feet of landscaping area near the entrance for assisted -living residents only. The applicant will request the Planning Commission consider allowing trash trucks to exit the property through the emergency access gate. The project incorporates features that are consistent with the design standards for Santa Ana Heights. Mature landscaping will fill gaps and screen the project site from the garages and parking area of Santa Ana Heights. The nearest Santa Ana Heights home is located 95 feet from the proposed building. The EIR analyzed 13 elements and determined there are no 8of12 12-22258 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 significant impacts. The City's traffic consultant determined that the project will generate 400 fewer daily trips than Kitayama, the existing restaurant use on-site. The two main issues raised during the comment period for the EIR were land use and traffic. The City finds that the project creates no significant environmental effects. The construction phase will be 12- 14 months. Construction noise mitigation measures include a 10 -foot noise barrier along the perimeter of the property, an onsite noise disturbance monitor, limits on construction hours and days, and limits on the types and proximity of construction equipment. In response to a question raised during the study session, the State does not have a licensing standard for the amount of usable open space available to residents. The State will evaluate the adequacy of open space stated in a license application. The project proposes 3,700 square feet of open space in the main internal courtyards, 1,200 square feet in the roof deck, and 1,000 square feet around the library patio. The Fire Department retains the right to decide an emergency vehicle route on a case-by-case basis. The emergency access on Bristol can be used as both an entrance and exit to the site. The State requires an emergency evacuation plan as part of licensing, and the applicant will work with the Fire Department and State to obtain it. Emergency vehicles do not normally use sirens in residential areas. An RCFE's license is issued by the Department of Social Services through the State Senior Care Licensing Program. Following the September 13 study session, the applicant worked with staff to draft a development agreement and a $1 million public benefit, to narrow the General Plan Amendment and zoning to RCFE only, to increase the amount of open space, to enhance the architecture, and to enhance landscaping. Ms. McDermott indicated one resident who lives immediately adjacent to the site and who could not be present and could not provide a statement prior to the meeting is not opposed to the project. The applicant agrees to staffs recommended conditions of approval. In answer to questions from the Planning Commission, Ms. McDermott agreed to consider ending visiting hours at 10: 00 p.m. Shade in the internal courtyards may extend for a few minutes or a few hours depending on the angle of the sun and the time of year. The internal courtyards will not be shaded all day. The rooftop and library garden are not impacted by shade and shadows. The project will have no impact on neighboring properties. Chair Zak opened the public hearing. Kirk Snyder, 41 Baycrest Court and Bayview Court Homeowners Association (HOA) President, reported the HOA and other HOAs intend to challenge the project in court because a precedent -setting zoning change threatens every community in the City. The vast majority of the community objects to the project because it requires a zoning change that could allow many negative businesses on the site in the future. He explained that according to Mr. Zdeba, the City has never changed a designation to PI for a site located within a Planned Community. Jodi Estwick, Newport Coast and People for Housing, remarked that more care facilities would be good for residents to age in place. Zoning needs to accommodate the aging population. She supported the project. Patti Lampman, 140 Baycrest Court, felt the General Plan should be updated prior to the Planning Commission approving or denying the project. Over the past week, she contacted six memory care facilities in the area, and each one has openings. The need for another facility does not appear to be urgent. She wanted to know the cost for residents of the facility. Vivante is planning an additional 112 assisted living units on a site zoned for the use. If approved, the Vivante project will open in early 2020. Rhonda Watkins, 58 Baycrest, believed the project is wholly incompatible with the neighborhood. The site is a perfect location for an office building. Rezoning the site to PI will result in a daily flood of visitors and congestion in the area. The bulk and size of the project are unacceptable. Dave O'Keefe, 20082 Bayview Avenue, supported the project. Residents of Bayview and Vista will not be able to see the facility and will not drive by it. The community needs this type of facility. Steve Greer, Bayview Terrace, supported the project. The project will be a good business for the community and will provide care for aging residents. The applicant has revised the project in response to community concerns. Mr. Habeeb is a credible, local businessperson and has experience in this type of facility. Tom Dallape, 2532 Vista Drive, supported the project as assisted living and memory care facilities are a necessity. Having facilities in the City will allow residents to care for their relatives. 9of12 12-23259 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 Patrick Moriarty, 3085 Corte Portofino, related that he and his family have not found a facility of the quality proposed for Harbor Pointe for his aging parents. The quality of the project and its location within walking distance of his home appeal to his family. He supported the project. Robert Attia [phonetic] remarked that assisted living facilities provide activities for residents and allow residents of similar ages to live in the same location. These types of facilities are needed in the community. Patricia Blakeney, Zenith Street, did not oppose assisted living facilities but the location of the proposed project. The site is not designed for an assisted living facility. From the appearance of the project, many people cannot afford to live there. The project will use considerably more water than the existing restaurant. She questioned the location of parking should valet parking be needed. Dave Tax supported the project as a quiet and unobtrusive use of the property. The project will provide much- needed services for the elderly and the community. Alternative uses of the site would provide greater noise and traffic impacts. He supported the project. Mike Smith, Bayview Avenue, inquired regarding potential future designations of the site if the project is approved; consequences to the RCFE if the applicant changes or sells the business; the ability to limit the RCFE to a life of 20 or 50 years; and details of the $1 million payment. Lyle Brakob, 6 Baycrest Court, commented that noise from the airport will be a problem for residents of the facility. The traffic survey probably misrepresents the true numbers. He opposed the project. Jim Mosher suggested the Planning Commission should not approve the form of the changes to the table for Anomaly 22 as the Marriott hotel is not listed in any anomaly. In the greenlight analysis, the staff report does not explain who chooses whether a project will be 8,000 square feet or 70,000 square feet. The project does not count as housing toward the green light limit. He questioned whether the City Council had any involvement in negotiating the development agreement and whether staff identified a General Plan policy with which the project may conflict. The project does not provide sufficient sunny open space for residents. Greg Carroll, 20101 Bayview Avenue, indicated the project will not provide enough sunshine for residents and will shade adjacent properties. The emergency access onto Bristol is an issue because of the traffic on Bristol. The existing restaurant does not generate more than 700 trips daily. The project will generate more trips than reported. Ms. McDermott explained that an RCFE designation will run with the land. Any potential future use will have to conform to all conditions of approval. The traffic volume for a restaurant will change depending on the seasons and any specials the restaurant may offer; therefore, average traffic volume is used for traffic standards. The project is compatible with the City's Housing Element and Traffic Element and does not affect the remaining elements of the General Plan. The proposed open space is consistent and appropriate for residents' needs. A pathway around the building will accommodate a walker, a wheelchair, and an aide. The project will generate very little traffic and will not contribute to peak hour traffic. Chair Zak closed the public hearing. In reply to Commissioners' queries, City Traffic Engineer Brine reported staff used the trip generation rates for a quality restaurant and for an assisted living facility contained in the Institute of Transportation Engineers (ITE) manual. The 732 trips for Kitayama was based on the square footage of the restaurant. The 312 trips for Harbor Pointe was based on the number of beds proposed for the facility. The rate for Kitayama was based on a quality restaurant, not necessarily Kitayama, because another quality restaurant could go onto the site without discretionary approval. A fast food restaurant generates more trips than a quality restaurant. The Fire Department will determine the best point of access to the property at the time access is needed. Associate Planner Zdeba advised that the project is served by the Irvine Ranch Water District. The Irvine Ranch Water District has indicated it can provide sufficient water to the project based on existing infrastructure. A mitigation measure requires the developer to notify potential residents of noise created by airplanes arriving and departing from John Wayne Airport. The project is located outside the noise contours where residential uses are considered incompatible. Deputy Community Development Director Campbell related that the applicant 10 of 12 12-24260 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 requested a development agreement, and staff negotiated the terms of the development agreement. The City Council was not involved in negotiating the development agreement. Public hearings before the Planning Commission and the City Council are part of the process for considering a development agreement. The site, as currently zoned, can accommodate an 8,000 -square -foot restaurant or a 70,000 -square -foot office building. Changing the use to an office building or a fast food restaurant could require a traffic study depending on the amount of traffic the use would generate based on the ITE manual. A change could be subject to a site development review application as well. City Traffic Engineer Brine added that a 70,000 -square -foot office building would generate 682 trips, which is less than the number of trips generated by an 8,000 -square -foot quality restaurant. Based on the reduction in trips generated, a traffic study would not be required. Ms. McDermott explained that the marketing study indicates the demographics of Newport Beach and the surrounding area over the next few years will justify the investment in the property. The marketing study is on file with the application. Associate Planner Zdeba noted the project is evaluated on its merits and is unique to the site. An RCFE is specified in the development table under Anomaly 22. If an applicant proposes changing the RCFE use in the future, the application would be subject to a public hearing and public process. The proposed use would be evaluated with new traffic counts and trip generation rates based on the new land use. In its review, staff did not identify any General Plan policies that conflict with the project. Vice Chair Weigand stated 13.9 million Californians will be age 60 and older by 2050. As the population ages, the demand for assisted living facilities will increase. The project as a whole is important to the City of Newport Beach and worthy of the Planning Commission's support. One of the goals of the Planning Commission should be to improve the quality of life of residents, which the proposed project does. The applicant has done its due diligence and worked with the surrounding community to provide a project that fits the area. The merits and needs of the project have been fulfilled. He supported the project. Commissioner Kramer remarked that over the three years the application has been pending, staff and the Planning Commission have carefully reviewed the project. The applicant has made numerous changes to the original plan. The General Plan allows amendments, and one of the Planning Commission's duties is to review them. The project does not set a precedent. The site will be conditioned as RCFE only, which severely limits any future use on the site. The EIR found no significant impacts. Demand for the use exists in Newport Beach. One of the Planning Commission's roles is to plan for all segments and ages within the City, particularly those in need of the most care. The design of the facility is intelligent and compatible with the larger area. Motion made by Commissioner Kramer and seconded by Vice Chair Weigand to adopt Resolution No. PC2018- 033 and attached exhibits recommending the City Council certify Environmental Impact Report No. ER2018- 001 and 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. Chair Zak commented that the Planning Commission's role is to evaluate zoning standards, consider environmental impacts, and determine whether a project fits the criteria. The proposed project will be less impactful than other uses allowed under the current zoning standards. AYES: Zak, Weigand, Lowrey, Kleiman, Koetting, Kramer NOES: None RECUSED: None ABSENT: Ellmore IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. 11 of 12 12-25261 NEWPORT BEACH PLANNING COMMISSION 12/06/2018 Community Development Director Jurjis reported the January 3, 2019 meeting will be canceled. The next meeting will be January 17, 2019. Staff will introduce the General Plan Update process to the City Council on January 8 and obtain the Council's feedback. Jim Mosher requested clarification of the General Plan Update meeting scheduled for January 15. Community Development Director Jurjis indicated the public is invited to the January 15 meeting to learn about the General Plan and Request for Proposal (RFP) process. Staff will present a draft RFP to the City Council on January 8. In reply to Vice Chair Weigand's inquiry, Community Development Director Jurjis advised that the City Council typically holds a goal -setting session, and the City Manager is planning that session for January 26 potentially. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None VI. ADJOURNMENT — 7:54 p.m. The agenda for the December 6, 2018, Planning Commission meeting was posted on Thursday, November 30, 2018, at 4:05 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, e er 30 Z, 2018, at 3:52 p.m. 12 of 12 12-26262 Attachment D December 6, 2018 Planning Commission Staff Report 12-27 263 INTENTIONALLY BLANK PAGE264 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT 7i L3i1"l~ SUBJECT: E Art Gallery (PA2018-177) Minor Use Permit No. UP2018-014 SITE LOCATION: 2721 East Coast Highway, Suite 104 APPLICANT: E Art Gallery OWNER: Jeffrey J. Brown PLANNER: Chelsea Crager, Associate Planner 949-644-3227, ccrager(c newportbeachca.gov PROJECT SUMMARY December 6, 2018 Agenda Item No. 3 A request to establish an art studio/gallery, including a minor use permit (MUP) to allow tattoo services (Personal Services, Restricted land use) within an existing commercial tenant space. Proposed hours of operation are 10:00 a.m. to 8:00, p.m., daily. RECOMMENDATION 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 no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ approving Minor Use Permit No. UP2018-014 (Attachment No. PC 1). 12-28 265 12-29 266 VICINITY MAP GENERAL PLAN r CURRENT USE ON-SITE Corridor Commercial F Commercial Corridor Multi -tenant commercial y ;._ • a IryN4: 1 • ti"Y ,, Yr F3 _ yp ,. e .i . r a; •. . `", /,// '__ Y '''w X' 14 . y%``•? F: l t _ ,. r I 4{ti :'••a Retail EAST Corridor Commercial f . Via..; .&# ' 4;.:> a41'. h ¢.7 r\ Jo- • _- t S: , i,`?` i - t< , i G \' ..:,Il GENERAL PLAN ZONING Q e a*.. le 5 toay P+ Nf j AA - ISI ' tiF r j s n 2 eon J o { y e a p£ ie LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial F Commercial Corridor Multi -tenant commercial NORTH Corridor Commercial F Commercial Corridor Multi -tenant commercial SOUTH Corridor Commercial Commercial Corridor Retail EAST Corridor Commercial F Commercial Corridor Multi -tenant commercial WEST Two -Unit Residential Two -Unit Residential Residential duplex 12-30 267 12-31 268 INTRODUCTION Project Setting The subject tenant space is located within an existing two-story commercial building on East Coast Highway in Corona del Mar, south of Fernleaf Avenue. The building contains approximately 10,098 square feet of rentable space, and contains a mix of commercial uses including service and retail uses such as tailoring, fitness studios, salons, and a law office. No onsite parking spaces are provided. Surrounding land uses consist of primarily commercial uses including a yoga studio, a resale clothing boutique, restaurants and Sherman Library and Gardens, with adjacent residential uses immediately to the west of the site. Project Description The applicant requests a minor use permit to operate a tattoo studio (Personal Services, Restricted land use) in conjunction with an artist gallery/studio within an existing commercial tenant space. The art studio/gallery and tattoo studio will be located within an existing, 693 -square -foot tenant space located on the lower level of the building. No increase in floor area and only minor interior improvements are proposed. The tattoo aspect of the business would consist of two workstations with a maximum of two tattoo artists working at any time. The artists would operate by appointments only, with no "walk-in" services offered. The hours of operation are proposed to be between the hours of 10:00 a. m. to 8:00 p.m., daily. 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 applicable health regulations. The art gallery/studio aspect of the business will include painting and figurative drawing classes, painting canvas, and commissioned artwork. Art classes will typically consist of five to seven artists painting or drawing a live model one to two times per month. One-on- one art instruction may also be scheduled on an appointment basis. DISCUSSION Analysis General Plan The General Plan Land Use Element designation for the site is Corridor Commercial (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 12-32 269 activity. The existing building is occupied by a variety of retail and service uses. The proposed studio is defined as service use and is consistent with this designation. Local Coastal Plan The subject site is located in the Coastal Zone and is within the Commercial Corridor (CC) Coastal Zoning District. Personal Service, Restricted land uses and art galleries/studios are allowed uses within the CC Coastal Zoning District. There is no coastal development permit required because tenant space has historically been occupied by a retail or service use and there is no change in intensity of use proposed. Zoning The site is located within the Commercial Corridor (CC) Zoning District. 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 MUP. The Zoning Code does not provide any specific requirements for tattoo studios other than the MUP requirement. The art gallery/studio component is permitted by right within the CC Zoning District. Parking Pursuant to Municipal Code Sections 20.40.040 and 21.40.040 (Off -Street Parking Spaces Required), retail, personal service uses and art studios require parking at a rate of one space for every 250 square feet of gross floor area. The existing multi -tenant commercial building is legal non -conforming due to parking because there are no parking spaces provided onsite. Municipal Code Sections 20.38.060(B)(1) and 21.38.060(B)(1) allow a nonconforming site building to change to a new use without providing additional parking provided there is no intensification or enlargement and the new use requires no more than one parking space for every 250 square feet of gross area. The proposed use meets these parking regulations. Dispersion of Uses There is one other restricted personal service land use (i.e., day spas, healing arts, tanning salons, and tattoo services) within the subject building. The business, La Vita Salon/Spa, offers salon services in a nearby commercial space. The surrounding commercial area of Corona del Mar contains many personal services, general land uses i.e., barber and beauty shops, dry cleaning services). Although there have been no minor use permits approved for personal services, restricted land uses in the Corona del Mar neighborhood since 2010, there are eight personal service uses within two blocks. There are five tattoo studios currently operating within the City: three on the Balboa Peninsula, one in Newport Shores and one recently approved in Newport Heights. Of the five, the nearest is Agape Art Collective, located approximately four miles away on Old Newport Boulevard. Therefore, staff believes the proposed project would not create an 12-33 270 over -concentration of personal service restricted or tattoo service uses within the area. Refer to Attachment No. PC4 for a map of the existing tattoo service locations. Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings for approval for a minor use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. 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. 5. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As previously indicated, the proposed project includes uses consistent with the CC General Plan land use category and CC Zoning District. The existing building and tenant space were built and designed to accommodate commercial uses, with retail and service uses currently and historically occupying the site. The proposed tattoo studio use is a service that will be complementary to the other uses in the commercial building and surrounding area. No significant tenant improvements are proposed and the parking requirement would not increase from existing conditions. The art gallery/studio and tattoo studio would operate with typical retail business hours of operation, occupy less than 700 square feet, and tattoo artists would operate by appointment only with no "walk-in" tattoo customers. A maximum of two tattoo stations would be authorized and each artist would be required to be registered with the County Health Department to ensure sanitary practices. Conditions are also included in the resolution to prevent loitering outside of the business. The presence of La Vita Salon/Spa, another restricted personal service use that offers salon services, should be complementary and not foster undesirable conditions. Other tattoo studios in the vicinity are located over four miles away. Thus, the proposed project should not create or perpetuate a cluster of such uses that might be detrimental to the area. 12-34 271 Staff believes sufficient facts exist in support of each finding. As conditioned, it is expected to operate in an effective and non -detrimental manner that is would be compatible with the surrounding commercial tenants and commercial uses in the area. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the Draft Resolution for Denial provided as Attachment No. PC 2. Environmental Review 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. 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/studio in an existing commercial tenant space. Public Notice Notice of this hearing 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 meeting, 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. Prepared by: Submitted by: AAMAI-. Chelsea Crager Jim Campbell Associate Planner Deputy Community Development Director 12-35 272 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Public Comments PC 4 Tattoo Service Location Map PC 5 Site Photos PC 6 Project Description PC 7 Project Plans 01/12/18 12-36 273 12-37 274 Attachment No. PC 1 Draft Resolution with Findings and Conditions 12-38 275 12-39 276 RESOLUTION NO. PC2018-032 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. An application was filed by E. Art Gallery ("Applicant"), with respect to property located at 2721 East Coast Highway, Suite 104, Assessor's Parcel Number 459-171-14 ("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. 3. The Property is designated Corridor Commercial ("CC") by the General Plan Land Use Element and is located within the Commercial Corridor ("CC") Zoning District. 4. The Property is located within the coastal zone and is within the Commercial Corridor CC") Coastal Zoning District. A coastal development permit is not required as the proposed 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 Newport Beach Municipal Code 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. 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/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: 12-40 277 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The General Plan Land Use Element designation for the site is Corridor Commercial 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 site. The proposed 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 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: The site is located within the Corridor Commercial ("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 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 Coastal 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(B)(1) and 21.38.060(B)(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. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 12-41 278 Facts in Support of Finding: 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. 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 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 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 site. 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 proposed 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 site. Thus, the proposed project would not create or continue a concentration of such uses therefore, there is an adequate dispersal of personal services, restricted land uses. 12-42 279 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: The project site 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 site's ability to provide public and emergency vehicle access and public services and utilities. 2. The proposed 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 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 ofpersons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 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 studio will be subject to inspections to ensure it maintains proper sanitary facilities and that it meets all health regulations. 12-43 280 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. PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF DECEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY: AN Peter Zak, Chairman Lee Lowrey, Secretary 12-44 281 I WIMINI 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 by appointment only and no walk-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 between the individual tattoo artist's appointments. 7. A maximum of two (2) tattoo artists shall operate at one time. 8. 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. 9. Any/all tattoo services shall be conducted at one of the tattooing stations (two (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 with the provisions of NBMC Chapter 20.42 Sign Standards). 12. Use Permit No. UP2018-014 shall expire unless exercised within twenty four (24) months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwise granted. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12-45 282 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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). 22. 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 media broadcast, or any other activities as specified in the NBMC to require such permits. 23. 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. 12-46 283 24. 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. 12-47 284 Attachment No. PC 2 Draft Resolution for Denial 12-48 285 12-49 286 RESOLUTION NO. PC2018-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING 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. An application was filed by E. Art Gallery ("Applicant"), with respect to property located at 2721 East Coast Highway, Suite 104, Assessor's Parcel Number 459-171-14 ("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. 3. The Property is designated Corridor Commercial ("CC") by the General Plan Land Use Element and is located within the Commercial Corridor ("CC") Zoning District. 4. The Property is located within the coastal zone and is within the Commercial Corridor CC") Coastal Zoning District. A coastal development permit is not required as the proposed 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 Newport Beach Municipal Code 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. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a minor use permit only after making each of the five 5) required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of the Newport Beach Municipal Code. In this case, the Planning Commission was unable to make the required findings based upon the following: Findinas for Minor Use Permit: A. The use is consistent with the General Plan and any applicable specific plan; 12-50 287 B. The use is consistent with the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 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. 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 Not in Support of Findings: 1. The Planning Commission determined, in this case, that the establishment of a tattoo studio ( personal services, restricted land use) would not be consistent with provisions of the Zoning Code, specifically Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. The applicant's request may lead to a proliferation of personal services, restricted land uses within the area. 3. The site is not physically suitable in terms of design, location and operating characteristics for the establishment of a personal services, restricted land use. 4. The addition of a personal service, restricted land use may impact surrounding residential neighborhoods. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2018-014. 2. This action shall become final and effective fourteen (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. 12-51 288 PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF DECEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY: Ava Peter Zak, Chairman Lee Lowrey, Secretary 12-52 289 12-53 290 Attachment No. PC 3 Public Comments 12-54 291 12-55 292 From: Ramirez, Brittany To: Liooman. Tiffany Subject: FW: Tattoo Studio at 2721 E. Coast Hwy Date: Thursday, November 29, 2018 8:41:24 AM Attachments: City Notice - Tattoo Studio.odf image001.pna BRITTANY RAMIREZ Community Development Department Administrative Analyst bramirezanewoortbeachca. aov 949-644-3239 From: Crager, Chelsea Sent: Wednesday, November 28, 2018 3:08 PM To: Ramirez, Brittany <bramirez@newportbeachca.gov> Subject: FW: Tattoo Studio at 2721 E. Coast Hwy CHELSEA CRAGER Associate Planner Community Development Department I Planning Division ccrager(anewportbeachca. gov 949-644-3227 CITY OF NEWPORT BEACH 100 Civic Center Drive, Newport Beach, California 92660 1 newportbeachca.g_ov From: Accounting(@janturnerhering.com<accountingPianturnerhering.com> Sent: Wednesday, November 28, 2018 2:58 PM To: Crager, Chelsea <ccrager(@newportbeachca.gov> Cc: JTH(@'anturnerhering.com Subject: Tattoo Studio at 2721 E. Coast Hwy Chelsea Crager, I am responding to a notice I received at my home address regarding a public hearing on 12/6/18 to discuss the possibility of a tattoo parlor being located at 2721 E. Coast Highway. I am strongly opposed to this type of establishment operating in our neighborhood. A tattoo parlor is not an appropriate business for the family -friendly, community oriented city of Corona del Mar. My business is located across the street from the location named in the notice. I am concerned about the changes to our neighborhood that will certainly occur if businesses such as these begin to locate here. I am unable to attend the meeting on December 6th but wanted to voice my emphatic objection to this request. Thank you, 12-56 293 Jan Turner Hering accounting(@janturnerhering.com Jan Turner Hering Interior Design, Inc. 2712 East Coast Highway Corona Del Mar, CA 92625 P 949.640.6512, ext. 192 F 949.640.0163 www.JanTurnerHering.com 12-57 294 CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that on Thursday, December 06, 2018, at 4:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The Planning Commission of the City of Newport Beach will consider the following application: E Art Gallery - 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 are 10:00 a.m. to 8:00, p.m., daily. The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. The agenda, staff report, and corresponding documents will be available by end of business day on the Friday j rc,:e,. ng the public Ii`car; G,3vu iiia}i b8 reviewed a; the vvi sjiit:uii:Sf Development ©epi ti €ter Pyr ai'st ve;lcC 1,Ciay C-1 st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at w .nE;w rtbeacfica.gov/planning culnm._ssign. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. All mail or written communications (including email) from the public, residents, or applicants regarding an agenda item must be submitted by 5 p.m. on the business day immediately prior to the meeting. This allows time for the Planning Commission to adequately consider the submitted correspondence. For questions regarding this public hearing item please contact Chelsea Crager, Associate Planner, at 949-644-3227, ccra o beachca.ggy. erg±jgyy...,,,,..,_.,m,,,,..,_-_.....__._ -- Project File No.: PA2013-177 Zone: CC (Commercial Corridor) Activity No.: UP2018-014 General Plan: CC (Corridor Commercial) Location: 2721 East Coast Highway, Suite 104 Applicant: E Art Gallery Lee Lowrey, Secretary, Planning Commission, City of Newport Beach 12-58 295 From: Susan Livingston To: Crager, Chelsea Subject: This copy replaces my previous email Date: Tuesday, November 27, 2018 4:40:23 PM Dear Ms. Crager, Thank you for your call. Please use the following text instead of what I submitted with names and cell phones. Thank you. Nov. 27, 2018 Dear Ms. Crager, I received notification of File No.: PA 2018-177, Activity No.: UP2018-014, a permit application to operate a tattoo studio in Corona Del Mar. I, without question, feel as though this is not an appropriate business for my neighborhood. E Art Gallery will not provide the type of goods or services that boost the esteemed family business climate of our community. Tattoo parlors are not in keeping with a family -friendly community. There is a grade school within a quarter mile of the proposed establishment with young children using the nearest crosswalk to access their school. I am strongly opposed to this type of business going in this highly visible entry corridor in Corona Del Mar. I am in favor of a great business promoting foot traffic going in this location. The tattoo parlor is not what our community needs at this time. I cannot attend the public hearing but am interested in having my opinion heard. E Art Gallery is an undesirable business and should not be allowed to enter my neighborhood. 12-59 296 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. o okat ` , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 60 1 12-60 297 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I CoRo , am in support of Savaanah Gallegos, 'E Art Gallery', to be a proved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Sign 12-61 298 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. IiVUl;i VUvVUbF' , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: g h 11 12-62 299 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. r am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: ____ I Date: 12-63 300 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-64 301 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. TLX Vo e- n 12-65 302 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by ity Council. 73' Gc rTZ2 am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-66 303 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I , am in support of Savaanah Gallegos, E Art Gallery', to be pro ed of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. i N4' ii uv m tri Signature: Date: 12-67 304 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I 111 , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: Q 4) 05 12-68 305 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I A-"-L am in support of Savaanah Gallegos, E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-69 306 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by Cit/ yy Council. \ J 11 16M , am in support of Savaanah Gallegos, 'E Artpp9 Gallery', to be a p oved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signaty- / [ w Date: 12-70 307 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. 1 711;7 / ?— , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signatu Date: 12-71 308 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. c-"%Mn4t, LJ V (0-Vt pp 9aminsupportofSavaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-72 309 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I W\yA(A ] iky lV , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: q,) ,5 f 12-73 310 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. STS W YL A K Q , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12- 74 311 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council.: tAL. am in support of Savaanah Gallegos, 'E Art Gallery'j to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: / l Date: , / 12-75 312 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I am in support of Savaanah Gallegos, `E Art Gallery , to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: N 41 1 12-76 313 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I ice: j1,!- 1 . : . 6?, j2Z ,[ , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Sign Date: 12-77 314 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I <--- M r1/72'Zt t IC 'U , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date:_ 12-78 315 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. am in support of Savaanah Gallegos, `E Art Gallery', to be appr ved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-79 316 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council 1 r"I anMe, lqq , am in support of Savaanah Gallegos, `E Art Gallery', to be approv& of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signatyr _ Date: 12-80 317 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I2)ga1'1R;S , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. l believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. AfWA cern -_-AkQ r -"P ik) to Sig 12-81 318 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I & f/ e- r - M- &11612 , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtain' g their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:_.. Date: - m.110 12-82 319 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I A 6 & C)Y-) U a)pn , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. X00 awcado mo -nye ; C -Um. 12-83 320 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I 1 , am in support of Savaanah Gallegos, `E Art Gallery', to be approveof obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental t theegrowth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-84 321 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. 1 U CY VGZe '-- , am in support of Savaanah Gallegos, `E Art Gallery', to b approved of obtaining their Minor Use Permit. I believe'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. signature: v Date: 12-85 322 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by Cipy Council I l UM- `S14" , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-86 323 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I A & i 1 "O'At , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 12-87 324 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council yelid Ct Osfi I I b , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: q j Li l i 12-88 325 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. f I \ am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtai(A their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 12-89 326 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I ChUne J,S a)Q am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-90 327 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-91 328 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. am in support of Savaanah Galleqos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature/ Date: f / j Q) 12-92 329 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. Ir- o Y? GOS6 :2 -),onam in support of Savaanah Gallegos, `E Art Gallery', to e approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-93 330 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. 1 (2'e— 4:ajq t71 5 , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. io are 11 "741-Iri /t C 1 49 12-94 331 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. am in support of Savaanah Gallegos, `E Art 0 Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 9 , — \ l) t 12-95 332 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. 1 54 a U b L am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. CfiY fir, q OF W Signature: Date: q1 / 12-96 333 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council N Q o -3&-) , am in support of Savaanah Gallegos, 'E Art Gallery',,to be approved of obtaining their Minor Use Permit. I believe'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. t C, 12-97 334 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 710'"f IZIOj," S 4f --q0 lh Date: C% - Y ,-, / 12-98 335 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council Cc i7 =1 /')'lcc>.f/= i/ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 12-99 336 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. cti Ne amam in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: ,Lj l g 12-100 337 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport'Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council k,i k, ,,jA, &&; tfl)r um , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-101 338 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. l Q am in support of Savaanah Gallegos, 'E Artpp9 , Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature:Date: ®'q/6? / CZ0 12-102 339 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I am in support of Savaanah Gallegos, `E Art Gallery', to be approv d of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-103 340 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. Y aYG Nat e( -,L— -,am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: a L 1- 12-104 341 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. o L OJ , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-105 342 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council I am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of o aining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signat-- Date: 665 T/ e" 12-106 343 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by A / City Council. G 44 -/ " V PI I ` am in support of Savaanah Gallegos, `E Artpp9 Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-107 344 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. I Cp0n-Z J,,,._7",S , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: I 12-108 345 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: 12-109 346 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. r 6oL i a , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 12-110 347 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. IE-LL' am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 0 Signature: Date: 0 -/ 12-111 348 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Iy', at set date. Please feel free to use extra space below if you would like to add mments andlor c c rns about the business of 'E Art Gallery', to be reviewed by ouncil. I U \ support of Savaanah Gallegos, 'E Art Gallery', t be a roved of obtaining their inor a Permit. I believe 'E Art Gallery' will be beneficial b a tracting consumers and in asi g evenue to businesses of Corona Del Mar. I of beli ve operation of tattooing woul e d mental to the growth of the city, endanger, jeopar ize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. l_p 12-112 349 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council I"'`7 t eC , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. X13`12 (e'i Signature: 4- //-- Date: q/-3 // y 12-113 350 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by Cit Council. otiIL/ , am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-114 351 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. CC CA U,.,N.0AI. , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: 5 163/2018 12-115 352 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. 0-5 am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 2cloS C}sI C-0 Signature: R W Y Date: 12-116 353 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. 741e,5 , am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Coro na Del Mar, California. J ZC-J irl S Signature: Date: G//3 12-117 354 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council IMLA M am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature i1 RAJI Date: / /,S 8 8 12-118 355 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Marg California. 12-119 356 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of ia, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. `E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. XCO )a tC7,/V*ifck PYl'2taam in support of Savaanah Gallegos, `E Art Gallery', to`%e approved of obtairfing their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Gha `,5 lz,[ 'no _ty A-ewlw oil i(.)i:(2,S ct.r\A 4--moigE&6 I CAM _ arkv ro occe o ed flow % ka h2, C -)hyo ( VZ 43V-, GCtM C1- t -h Signature Date: J 12-120 357 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of 'E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of 'E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council USP Y)IAY\G4- am in support of Savaanah Gallegos, 'E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe 'E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. MAY 12-121 358 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of 'E Art Gallery', to be reviewed by City Council. qrM am in support of Savaanah Galleaos. `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. Signature: Date: V 3 /` 12-122 359 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 Contact@elekkstasy.com September 3rd, 2018 To Employees, Business Owners, Consumers, and Residents of Newport Beach, California, Myself, Savaanah Gallegos, owner and artist of `E Art Gallery', and one other artist, will be conducting business as tattoo artists, and primarily, painters/ artists. We will be offering small drawing sessions and painting classes, as well as tattooing, by appointment only. Business hours are set to be open at 10:00 am and closing at 08:00 pm. (Regulations and guidelines from Public Hearing may result in change of business hours and/ or specifications of conducting business.) In support of approving our Minor Use Permit, please fill out form below. 'E Art Gallery' thanks you and invites you to come by our studio to take a sneak peek of the artwork and design. You may slip this form in our mailbox at the location listed above, as we may not be present due to traveling. Or, upon greeting, agree to have this petition picked up by Savaanah, or companion of `E Art Gallery', at set date. Please feel free to use extra space below if you would like to add any comments and/or concerns about the business of `E Art Gallery', to be reviewed by City Council. I \PC " dial am in support of Savaanah Gallegos, `E Art Gallery', to be approved of obtaining their Minor Use Permit. I believe `E Art Gallery' will be beneficial by attracting consumers and increasing revenue to businesses of Corona Del Mar. I do not believe operation of tattooing would be detrimental to the growth of the city, endanger, jeopardize, or constitute a hazard to the public's convenience, health, interest, safety, or general welfare of residents, consumers and employees of Corona Del Mar, California. 12-123 360 Attachment No. PC 4 Tattoo Service Location Map 12-124 361 12-125 362 r ' BanningR.uffi I , ` r , r , r L • . Z _ r• 1 I Mimes 6hglish Tattoo Company ' ' . / a•,d<RW Agape Art ollectii e Nr P-[ nri&ie RflB i 11 Red Buddha Tattoo Bnv Nerr•rail - i rnlrrNewportTattooNmpoa ira& alhoa Tattoo rr,,u Frtii[[e Tel Me ridih d slJ[I [ Salhod L%aw 4froposed Location RAI— Pennin fI.f Pacific Ocean TM M. 9S 00 3,313 6,626 Disclaimer: N IM% M Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and itsvNEWPORTBEA[ H Feet employees and agents disclaim any and all responsibility from or cRCrFoaHr relating to any results obtained in its use. 11/27/2018 12-126 363 12-127 364 Attachment No. PC 5 Site Photos 12-128 365 12-129 366 12-130 367 12-131 368 a BROWN 12-132 369 12-133 370 Attachment No. PC 6 Project Description 12-134 371 12-135 372 E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 702)445-5788 August 15, 2018 Community Development Department Planning Division 100 Civic Center Drive Newport Beach, CA 92660/ P.O. Box 1768/ NewPort Beach, CA 92658-8915 To Whom It Concerns, E Art Gallery is an art studio, which includes painting and figurative drawing classes, painting canvas, commissioned artwork, and Body Art. Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws. Tattooing, with disposable tubes and needles, is the only form of Body Art that is performed. Art classes will consist of 5- 7 other world renowned artists, mostly, 18 years old and over, drawing and or painting figurative live people, which will be held privately and scheduled at least once or twice every other month, depending on the live model's schedule. Figurative live art classes will be held up to 3 hours maximum. There will be various genres of art to be shared such as figurative, abstract, cubism, and modern contemporary, etc. If the parent/ guardian of age group 10 years old and over decides to book an appointment of a one-on-one painting or drawing session with their child, they have the option to be present during the session or not. These sessions will be held for an hour to an hour and a half, depending on parent's decision of length of time and will only be booked based on Savaanah's open schedule once or twice a month, and depending how adamant their parent is about their child's art classes. Hours open to the public will be set from 1000- 2000, Monday to Sunday, and mostly operated by appointment. Thank you for your time and consideration. Best Regards, Savaanah Gallegos Owner Edgar Aguirre 12-136 373 Owner 12-137 374 Attachment No. PC 7 Project Plans 12-138 375 12-139 376 12-140 377 12-141 378 a yG' r • .. a if . gmauiTB 04,&r Su1TE 205 A 706 R. SQ FT.• 771 R,FT. } 6 . S0, 041 R. SQ. FT—59 R. 'SQ. FT. imom atr f; t1 iJ 1 14 l.t mm , dn•x,n•t ,a•t•xi,••,• ,o•-a• x1, . . i2 ooa ia;;axs#i• s4 ®•r f 1203 ner__'a.flCf I_..)'. I I Gig I:) I G ;' , xa a•xe aa G- l 206 ;! is- m L WT 3 404 R., SQ. EV. j 319 R. Q. FT 57 R. SQ. FT. t _r - -- 490 R. SQ. Ft. I b IFLOOR SUMd©R 4,175 USAB.E SQ. FT. j 4,767 RENT PLE SQ. FT. 1.1462 BUILDING FACTOR 1.1291 BUILDING FACTOR( SUITES 205/210 ONLY) i I o s Q JlCQ CENTER 2721 EAST PACIFIC COAST HIGHWAY n,uA.nu. 'nes. ra •cu iwrn,ia,. ,' iCORONADEL. MAR, CA UPPER LEVEL. Junn Cop rrrno, G.a g,r,/g , 12-142 379 w , 1 893 R. So- m 1 1 693 R. SQ. FT. ' 796 R. SQ. FT. 15 13 R. SQ. FT.1 1 674 R. K FT. 1620 R GDLAsockrres irr R. SQ. FT. FLOOR SJMMARY 4,668 USABLE SQ. FT. 5,381 RENTABLE SQ. FT. 1.1462 BUILDING FACTOR 1.1291 SINLONNG FACTOR (SUffES 105/106 ONLY) 2721 EAST PACIFIC COAST HIGHWAY CORONA DEL MAR, CA LOWER LEVEL 12-143 380 Attachment E Tattoo Service Location Map 12-144381 INTENTIONALLY BLANK PAGE382 r , SanningR•ufi I , NeH•µoc[ .. ' • I . Slroaes English Tattoo Company •' Agape Ar ollecfte 13 -)'k R 3rrr& B.i ie Red Buddha Tattoo 3i Ner.•pnit CiIIa- . .r: shoer . Barsi dr )vet yusl f ewport TattoopLiuAalyrNery oc Crit i alboa Tattoo ll,,u lnir1P lslue Tel Me Fn alh d slJel [ Salhud L%awislandTreexa• groposed Location SAI,na Pennins,eIa Pacific Ocean TM M. N IM% 9S 0 3,313 6,626 Disclaimer: Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and itsvNEW —P0 R T B E A[ H Feet employees and agents disclaim any and all responsibility from or r'4L/FOFL relating to any results obtained in its use. 11/27/2018 12-145383 INTENTIONALLY BLANK PAGE384 Attachment F Resolution Approving the Appeal and Approving Minor Use Permit No. UP2018-014 12-146385 INTENTIONALLY BLANK PAGE386 RESOLUTION NO. 2019-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING THE APPEAL OF MINOR USE PERMIT NO. UP2018-014 FOR A TATTOO STUDIO (PERSONAL SERVICES, RESTRICTED USE) LOCATED AT 2721 EAST COAST HIGHWAY, SUITE 104 (PA2018-177) WHEREAS, an application was filed by E. Art Gallery ("Applicant"), with respect to property located at 2721 East Coast Highway, Suite 104, Newport Beach, California, Assessor's Parcel Number 459-171-14 ("Property"), requesting approval of a minor use permit; WHEREAS, the Applicant proposes a tattoo studio (Personal Services, Restricted land use) in conjunction with an art gallery/studio within an existing commercial tenant space; WHEREAS, the Property is designated Corridor Commercial ("CC") by the General Plan Land Use Element and is located within the Commercial Corridor Zoning District ("CC Zoning District"); WHEREAS, the Property is located within the coastal zone and is within the Commercial Corridor Coastal Zoning District ("CC Coastal Zoning District"). A coastal development permit is not required as the proposed project does not change the intensity of use at the subject property; WHEREAS, on December 6, 2018, a public hearing was held by the Planning Commission in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the public hearing, the Planning Commission voted (3 ayes and 2 nays) to adopt Planning Commission Resolution No. PC2018-032 denying Minor Use Permit No. UP2018-014 (PA2018-177); WHEREAS, 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; 12-147387 Resolution No. 2019 - Page 2 of 6 WHEREAS, on February 26, 2019, a public hearing was held by the City Council in the City Hall Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Ralph M. Brown Act and NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; and WHEREAS, pursuant to Chapter 20.64 (Appeals) the City Council public hearing was conducted "de novo" meaning that the City Council considered all evidence and testimony anew. The City Council's decision was based upon the evidence provided at the February 26, 2019 public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby reverses the decision of the Planning Commission and approves Minor Use Permit No. UP2018-014 (PA2018-177), subject to the conditions of approval set forth in Exhibit A, which are attached hereto and incorporated by reference, based upon the following findings and facts in support of 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 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 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 site. The proposed 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 allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 12-148388 Resolution No. 2019 - Page 3 of 6 Facts in Support of Finding: 1. The site 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 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 Coastal 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(B)(1) and 21.38.060(B)(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 it does not require more than one parking space per every two hundred fifty (250) square feet of gross floor area. 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/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. 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 conditioned to require at least a thirty (30) minute gap between each client appointment with their respective tattoo artist in order to avoid overlap. 12-149389 Resolution No. 2019 - Page 4 of 6 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 site. 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 proposed 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 site. Thus, the proposed 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 site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision ofpublic and emergency vehicle (e.g., lire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site 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 site's ability to provide public and emergency vehicle access and public services and utilities. 12-150390 Resolution No. 2019 - Page 5 of 6 2. The proposed 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 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. 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 Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 12-151391 Resolution No. 2019 - Page 6 of 6 Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15301 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. 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/studio in an existing commercial tenant space. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 26th day of February 2019. Diane Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE i; U Aaron .Harp City A orney Attachments: A - Conditions of Approval 12-152392 EXHIBIT A Conditions of Approval Minor Use Permit No. UP2018-014 (PA2018-177) Project -specific conditions are in italics) PI ANNINrl 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 by appointment only and no walk-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 between the individual tattoo artist's appointments. 7. A maximum of two (2) tattoo artists shall operate at one time. 8. 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. 9. Any/all tattoo services shall be conducted at one of the tattooing stations (two (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 with the provisions of NBMC Chapter 20.42 Sign Standards). 12. Use Permit No. UP2018-014 shall expire unless exercised within twenty four (24) months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwise granted. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. A-1 12-153393 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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). 22. 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 media broadcast, or any other activities as specified in the NBMC to require such permits. 23. 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. A-2 12-154394 24. 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. A-3 12-155395 INTENTIONALLY BLANK PAGE396 Attachment G Updated Project Description 12-156397 INTENTIONALLY BLANK PAGE398 Project Description and Plans E Art Gallery is a unique Art Gallery and creative space whom offers art classes, as well as minimal, appointment -only, Body -Art services. Located at 2721 E. Coast Hwy Suite 104 Corona Del Mar, California 92625, Savaanah Gallegos and Edgar Aguirre are the two owners and employees who will be conducting business. Hours of operation will be set, respectively, to Corona del Mar's common business hours 10:00 A.M. to 08:00 P.M., Daily. Body -Art Appointments will not be booked after 07:00 PM to accommodate for lack of parking. E Art Gallery is currently, and will be primarily used as a creative space for creating Edgar and Savaanah's private art collectors' and personal art work. Custom sized and designed paintings and drawings will be offered and created at this location. Each commissioned art work may take hours, days, or weeks. Accepted commissions will receive a confirmation due date. Both artists are available and booked on a regular basis for travels in and out of the country for art business purposes including; painting large interior and exterior murals or commissioned canvases for business owners, home owners, and/ or simply exhibiting Art Conventions and Body -Art Conventions, to network and grow. Once a month, there will be a designated day scheduled for a small (3 hour) art class only. An instructor or live model will host the art class, as a maximum of 7 adult art students learn to define and personalize their drawing techniques. One-on-one (2 hour) art classes will be offered to any age 10+. No Body -Art Appointments will be available for booking on days of art classes or one-on-one sessions. All Body -Art equipment is portable and will be placed in storage, out of sight, for a concerned parent's peace of mind. E Art Gallery will also schedule an art show once a month, consisting of world-renowned artist's artwork. Each art show will be a small, invitation and RSVP only viewing, specifically for private art collectors and the artist. Minimal Body -Art services will be booked by appointment only, around busy travel and art commission schedules. As a requirement to operate a Body -Art facility, both artists are already registered with the Orange County Health Department, and the facility will be regularly inspected to ensure a sterile work environment, as well as meet all health regulations set by California Safe Body -Art Act. Single -use, disposable instruments only, will be used for Body Art procedures to eliminate blood-borne pathogen illnesses caused by cross contamination. E Art Gallery will hold the Crown of the Sea with the highest level of respect and integrity to help preserve the peaceful nature Corona Del Mar provides, as well as increase revenue to the local businesses in the vicinity. Thank you for your time and consideration, Savaanah Gallegos and Edgar Aguirre Owners of E Art Gallery 12-157399 INTENTIONALLY BLANK PAGE400 Attachment H Updated Project Plans 12-158401 INTENTIONALLY BLANK PAGE402 BODY ART AREA 101 SINK c C STORAGE r, r, n n n n n r, ENTRANCE CREATIVE SPACE E Art Gallery 2721 E. COAST HWY SUITE 104 CORONA DEL MAR, CALIFORNIA 12-159403 12-160404 a yG' r • .. a if . RA11d4'<° gmauiTB oar Su1TE 205 A 706 R. SQ FT.• 771 R,FT. } 6 . S0, 041 R. SQ. FT—59 R. 'SQ. FT. imom atr f; t1 iJ 1 14 l.t mm , dn•x,n•t ,a•t•xi,••,• ,o•-a• x1, . . i2 ooa ia;;axs#i• s4 ®•r f 1203 ner__'a.flCf I_..)'. I I Gig I:) I G ;' , xa a•xe aa G- l 206 ;! is- m L WT 3 404 R., SQ. EV. j 319 R. Q. FT 57 R. SQ. FT. t _r - -- 490 R. SQ. Ft. I b IFLOOR SUMd©R 4,175 USAB.E SQ. FT. j 4,767 RENT PLE SQ. FT. 1.1462 BUILDING FACTOR 1.1291 BUILDING FACTOR( SUITES 205/210 ONLY) i I o s Q JlCQ CENTER 2721 EAST PACIFIC COAST HIGHWAY n,uA.nu.recne. r. •rx iw.n,ia•,.,,' , iCORONADEL. MAR, CA Junn Cop rrrno, G.a g,r,/g , UPP R LEVET. 12-161 405 w , 1 893 R. So- m 1 1 693 R. SQ. FT. ' 796 R. SQ. FT. 15 13 R. SQ. FT.1 1 674 R. K FT. 1620 R GDLAsockrres irr R. SQ. FT. FLOOR SJMMARY 4,668 USABLE SQ. FT. 5,381 RENTABLE SQ. FT. 1.1462 BUILDING FACTOR 1.1291 SINLONNG FACTOR (SUffES 105/106 ONLY) Gbc lS t.a-l COJI 0 CENTER 2721 EAST PACIFIC COAST HIGHWAY CORONA DEL MAR, CA LOWER LEVEL 12-162406 IP0, 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 407 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 408 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 409 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 410 Received After Agenda Printed February 26, 2019 Item No. 12 From: Nelson, Jennifer To: Mulvey, Jennifer Cc: Rieff, Kim Subject: FW: Tattoo Parlor in CdM Date: Tuesday, February 26, 2019 3:03: 49 PM No. 12 Jennifer Nelson Assistant City Clerk City ofNewport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949- 644-3006 jnelson@newportbeachca.gov Original Message ----- From: Ruth Kobayashi[mailto:ruthkobayashingmail.com] Sent: Tuesday, February 26, 2019 3:03 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Tattoo Parlor in CdM Good afternoon City Council. Unfortunately, I'll not be able to attend tonight's meeting. Please accept this email as a public comment regarding the tattoo parlor that wishes to be located in CdM. I respectfully request that you deny the request for this and any tattoo parlor. The freedom ofbusiness owners to establish a legal business in a certain location has to be balanced with the desires of the community, the impact on the neighbors, and the character of the neighborhood. While certain types of business are common on the Peninsula, a neighborhood with a very different character than that ofthe CdM village, would set a precedent in CdM. That is a precedent that could begin the change ofthe neighborhood character in a way that most people would not appreciate. Further, nothing keeps folks from traveling a couple ofmiles to the Peninsula to purchase the services of a tattoo parlor. PLEASE do not open the floodgates and facilitate this type of change of character in CdM, and all that goes with it. Thanks for listening and for your dedication to the quality of life in our communities. Ruth Digital Enthusiast Sent from my iPad 411 RECEIVED AFTER AGENDA PRINTED February 26, 2019 Item 12 Nelson, Jennifer Subject: Original message - FW: Tattoo Studio on 2721 E. Coast Hwy From: "Crager, Chelsea" <ccrager(c newportbeachca.gov> Date: 2/25/19 7:37 AM (GMT -08:00) To: "Brown, Leilani" <LBrown(a newportbeachca.gov> Subject: FW: Tattoo Studio on 2721 E. Coast Hwy Hi Leilani, This came in on Friday regarding the E Art Gallery appeal. p CHELSEA CRAGER Community Development Department Associate Planner oy ss ccraper@newportbeachco.goy 949-644-3227 From: Gerard Andrassy <andrassv@earthlink.net> Sent: Friday, February 22, 2019 6:20 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Tattoo Studio on 2721 E. Coast Hwy Dear Newport Beach City Council Members, As a property owner in Corona Del Mar for over 30 years, I am strongly opposed to a Tattoo Studio and find that this type of business is NOT appropriate for our neighborhood. My property, on the 500 block of Fernleaf Avenue, is leased to families with small children. Allowing a Tattoo Studio in Corona del Mar, would cause a loss of income and a decrease in property values. Please consider that Corona del Mar is a family friendly neighborhood and my objection to any Tattoo Studio. Best regards, Gerard Andrassy 509 & 509 % Fernleaf Ave. 412 Received After Agenda Printed February 26, 2019 Item No. 12 Subject: FW: Tattoo parlor City Council, It has me concerned as a parent and homeowner a tattoo parlor is possibly moving in on our street let alone CDM. This location also had a massage parlor which ended up catering to men. Thankfully the police closed it down. My concern is the other tenants that would be attracted to locate themselves with a tattoo parlor such as smoke shops, massage parlors and lingerie stores. I managed my families property and Condomrev wanted the space and we said no. The new landlord let them in and now there is a smoke shop, lingerie store and record store. Not too many professional businesses would want to be in the same building as a tattoo parlor. My kids went to Harbor View Elementary and one is still at CDM High School and we pass by those buildings on a regular basis. When they were little we walked passed it everyday. The CDM bus stop is right by there and being exposed to something that is violent to the body is too much for children to see on a regular basis. Kids are cutting themselves and hurting themselves out of anger and frustration and having a tattoo store close to a school is not acceptable. Please do not let them move in. It will hurt my property values. This landlord let a funny massage place move in and not sure what is next if we let the tattoo place in. Kindest regards, Gretchen Schlegel 413 Received After Agenda Printed February 26, 2019 Item No. 12 Subject: FW: Tattoo studio 2721 E. Coast Hwy From: Joy Curtin <JCurtin@Villa Rea IEstate. com> Sent: Friday, February 22, 2019 2:27 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: FW: Tattoo studio 2721 E. Coast Hwy Newport Beach City Council Members: I have been a homeowner and resident in Corona del Mar on the 500 block of Fernleaf Avenue for 26 years. I feel strongly that A Tattoo studio is NOT an appropriate business to be allowed in the area. This could cause me LOSS OF INCOME I lease my front property to families with children. We have never allowed a Tattoo parlor in Corona del Mar, Why would we allow one to open in the area now. Please consider this objection for the good of the community. Best regards, Joy Curtin 513 & 513 % Fernleaf Ave. Joy Curtin Real Estate Professional C. 949 633 8335 9-19 X31 4.136 949 73 1 -1 1 3 Villa Real Estate 1.0 !Ve,vpor- Cen-er 1 -'N DOrt 32 C71, CA 9 60 VillaRealEstate.com Cal 3RF ;No. 0114Oti9-t 414 MELINDA, LUTHIN I LAW Via Email The Honorable Diane Dixon and Members of the Newport Beach City Council 100 Civic Center Drive Newport Beach, CA 92660 Received After Agenda Printed February 26, 2019 Item No. 12 February 26, 2019 Hon. Diane Dixon: ddixonknewportbeachca.gov Hon. Brad Avery: bavery&newportbeachca.goy Hon. Duffy Duffield: dduffieldknewportbeachca.gov Hon. Kevin Muldoon: kmuldoonnnewportbeachca. goy Hon. Jeff Herdman: jherdmanknewportbeachca.gov Hon. Joy Brenner: joyknewportbeachca.gov Hon. Will O'Neill: woneillknewportbeachca.gov Re: Opposition To E Art Gallery Minor Use Permit Dear Mayor Dixon and Members of the City Council: This letter is to voice my objection to the appeal of the decision of the Newport Beach Planning Commission to deny an application for a minor use permit ("Application"), submitted by an applicant identifying itself as "E Art Gallery," regarding a space located at 2721 East Coast Highway, Corona del Mar, California. I am a person interested in this appeal in that I work at 2721 East Coast Highway, Corona del Mar, California and I am a resident of Corona del Mar, California. Savannah Gallegos, who filed the Application under the name of a business that does not exist, wants to fill a garaged -sized basement office space with at least four separate businesses, many of which would require the approval of conditional use permits and/or adult oriented business permits. In her appeal, Ms. Gallegos requests the Council issue a minor use permit to allow E Art Gallery to open and operate a tattoo parlor, and apparently, an art gallery, an art studio and an art school, where the Applicant wants to host shows and to use "live models" for "art classes" taught to children as young as 10 years old, unaccompanied by their parents, in a small basement office space that has all its windows obscured with heavy fabric and that can never comply with the necessary permit requirements, building standards or Health and Safety Codes. Savaanah Gallegos, is the Appellant ("Appellant"). She claims the Planning Commission wrongly [sic] denied [E Art Gallery's application] without using evidence." ("Reasons for Appeal," p. 12- 7 [Attachment A, p.3].) Appellant is wrong. It is the responsibility ofthe applicant to provide evidence in support of the findings required for issuing the permit. (NB Muni Code § 20.52.020.) As Appellant admits, Chairman Kleiman and the Honorable Koettling stated that they can't make findings on compatibility in this area," based on the facts presented to them. The fault 415 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 2 for the Commissioners' inability to make findings required to issue a permit lies with the Applicant, not with the Commission. Appellant also disagrees with the Planning Commission's determination that the intended use is not compatible with the surrounding businesses and area but she provides no facts to support her contention. Finally, Appellant states that "tattooing is a `Form of pure expression' protected by our First Amendment Right...", although she does not claim that any right has been violated. Appellant's appeal is without merit. As discussed below, the Planning Commission's decision was correct and I respectfully request that the City Council uphold that denial. SUMMARY The practice of Body Art raises serious health and safety concerns. As such, California enacted the Safe Body Art Act (Cal Health & Saf Code §§ 119300 -119328.) in order to address these concerns. The Body Art industry is regulated via the Safe Body Art Act and pursuant to local and regional law in order to "protect both the practitioner and the client from transmission of infectious diseases through the application of proper body art procedures and the control of cross - contamination of instruments and supplies." (Cal Health & Saf Code § 119300.) Body Art laws properly regulate the facility, the business owner, and the practitioner. These regulations include but are not limited to: extensive training, reporting, licensing, registrations and documentation; strict compliance with building specifications; biohazard waste disposal; records maintenance and retention; customer age limits; and limitations and restrictions on facility locations and hours of operations. Appellant's claim that tattooing is protected by the First Amendment is of no consequence. Activity protected by the First Amendment may be lawfully subject to time, place, and manner restrictions. (See City ofRenton v. Playtime Theatres, Inc., 475 U.S. 41, 49-50, 106 S. Ct. 925, 89 L. Ed. 2d 29 (1986); see also 3570 E. Foothill Blvd., Inc. v. City ofPasadena, 912 F. Supp. 1268, 1273 (C.D. Cal. 1996) ["despite the fact that adult entertainment is protected by the First Amendment, local governments do have the right to impose time, place, and manner restrictions"].) 416 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 3 Any more than a person's Second Amendment rights would mandate that the City allow a person to use the prospective space as a shooting range, Appellant's First Amendment Rights do not permit her to circumvent the content -neutral time, place, and manner restrictions of the Safe Body Art Act, the Orange County Health regulations, or the City of Newport Beach's Minor Use Permit Requirements. The prospective space and building cannot meet the requirements of the Safe Body Art Act or the Orange County Health regulations, even with extensive renovation, repair and remodeling. Nor does the prospective space and building meet the Newport Beach Minor Use Permit requirements. In addition, Appellant's and Applicant's continuously changing proposed business operations now appear to fall within the categories of "adult oriented business," "Adult model studio," "Live art class," all of which require the business to first obtain an adult oriented business permit. (NB Muni. Code §§ 5.96.010, 5.96.015.) The Application is so substantively and procedurally flawed, it would have been impossible for the Planning Commission to approve it, and the appeal creates additional reasons that it too must be denied. 1. The applicant is identified as an entity that does not exist; 2. The applicant failed to submit applications for all permits at once as required; 3. The appellant is not the applicant; suggested modifications, even ifpermissible, cannot be made by someone other than the applicant; 4. The application does not provide correct information regarding the proposed building; 5. The application does not provide correct information regarding the proposed location within the neighborhood; 6. The proposed facility does not and cannot meet the strict building standards required; 7. The proposed use does not comply with all applicable provisions of the Zoning Code or the Municipal Code; 8. The proposed design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity; 9. The proposed site is not physically suitable in terms of design, location, shape, size, or operating characteristics; 417 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 4 10. The proposed site is not physically suitable in terms of the provisions of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; 11. Operation of the use at the location proposed would be detrimental to the harmonious and orderly growth of the City; 12. Operation of the use at the location proposed would endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The above are but a few of the issues associated with the Application. Staff has not evaluated the necessary requirements for the proposed space, and, at the least, the matter should be sent back to Staff to evaluate the prospective space with regard to the requirements of body art facilities as well as to evaluate the requirements and restrictions of holding art classes with minors unaccompanied by their parents. THE APPLICANT DOES NOT EXIST The Newport Beach Staff Report indicates that a person named "Savaanah Gallegos" is the applicant. (Staff Report Feb. 26 2019, ABSTRACT.) This is incorrect. Savaanah Gallegos is the appellant. According to the City of Newport Beach, "E Art Gallery" is the applicant. Unless the business is being operated as a sole proprietorship formed with a name that includes the individual's name (example: John Smiths Fishing Shop), a Fictitious Business Name Statement ("FBN") must be filed with the county where the principal place of business is located California. (Cal Bus & Prof Code § 17900 et seq.) The Records of Orange County indicate that no one has filed an FBN containing the phrase " E Art," `B -Art," or 'E. Art." (See attached search results.) The Records of Orange County also indicate that neither Savaanah Gallegos (including variations of this name) nor the other purported owner, Edgar Aguirre has ever filed any FBN in Orange County. The California Secretary of State indicates that no LLC, LLP or corporation has been registered to do business as "E Art Gallery," "E -Art Gallery," or `E. Art Gallery." (See attached search results.) Unless a business contains the owner's name(s), persons have no right to conduct business in California unless they have filed the required forms with the appropriate agencies. (Cal Bus & Prof Code § 17900 et seq.; Cal Corp. Code, §§ 100 et seq, 2200 et seq., 16105 et seq.) 418 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 5 Because " E Art Gallery" does not exist, it has no right to apply for or obtain any permit in Newport Beach. APPELLANT HAS NO RIGHT TO USE THE APPELLATE PROCESS TO MODIFY THE APPLICATION Appellant is Savaanah Garcia. (See Appeal Application.) Applicant is E Art Gallery. (See application.) Appellant is not Applicant. A non -applicant may not modify an application. The City Council should not consider Appellant's proposed changes in scope. The review authority shall consider the same application, plans, and project -related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. (NB Muni. Code § 20.64.030 C.3.d.) Consideration may only be given so long as it does not change the scope of an application. Here, Appellant has substantially modified the terms of the proposed use as stated in (someone else's) application. Appellant claims that Applicant now wishes to hold art school classes, including "personal one-on-one" classes to persons of "any age 10+," which, Appellant claims, will be "hosted by" a]n instructor or live model." (Staff Report, Attachment G, Revised project description," p.12- 157 [emphasis added].) Notably, the proposed space has three large windows (two windows with dimensions 7' x 6' and one window with dimensions of 6.75' x 4.5'), all of which have been blacked out by Appellant. Given the fact that the proposed new use includes providing "classes," that are "hosted by live models," to unaccompanied minors in a space with no view to the exterior of the space, the proposed new use should be thoroughly reviewed by means of a new application, with scrutiny ofthe nature of the "live modelling," and classes. The writer of this letter has not evaluated the laws regarding conducting art classes with unaccompanied minors, but a cursory review of the law indicates, that, at the least, art or craft materials that contain or that are presumed to contain an ingredient that is a toxic substance causing chronic illness, may not be used in K-6 grade private schools. (Calif. Educ. Code §§32064- 32066.) And if the art displayed in the "gallery," contains depictions of nudes or if the "live models" proposed to be used for the "private" children's art classes are nude, then additional scrutiny of the proposed activities should be made and restrictions and prohibitions should be 419 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 6 included in any permit to protect against criminal activity. (E.g. Pen. Code, §§ 266j [Procurement of child], 311.2 [Production, distribution, or exhibition of obscene matter], 311.3 [Sexual exploitation of child], 311.6 [Obscene live conduct], 313.1 [Distribution or exhibition of harmful matter to minor]; 314 [indecent exposure]; 11165.1 [sexual exploitation of child]; and so forth].) Because the City Staffhas not addressed these important matters, the Appeal should not be granted. In addition, the public has a right to know about, comment on and oppose this this new proposed use. The applicant should be required to submit a new application that describes this new proposed use and the matter should be properly noticed to permit public participation, to which the public is entitled as a matter of law. On a related note, I had asked on several occasions, both by phone and in writing, to be given notice ofthe date of this appeal. I was told by City Staff member Chelsea Crager on several occasions that I would receive notice. I received no notice. I respectfully request that, when a staff member promises to give notice, said staff member actually give notice. THE CONTENTS OF THE APPLICATION AND THE APPEAL ARE INACCURATE Both the plans submitted with the application and plans submitted with the appeal are grossly inaccurate in both measurements and boundaries. As can be seen immediately by the flawed plans, the overall square footage is grossly overstated. A quick counting of the squares in the site plan in the Planning Commission staff report PowerPoint presentation indicates that the proposed space is approximately 432 square feet. Yet page 4 ofthe PowerPoint presentation states the square footage as "693 square feet." Similarly, the square footage listed on Attachment H to the staff report for the Appeal lists the square footage of the proposed site as "693 square feet." In addition, the proposed site boundaries depicted in the diagrams in Attachment H are grossly inaccurate. The diagram on page 5 of Attachment H does not depict the actual boundaries of the proposed site. This diagram shows the proposed site as containing space unrelated to the proposed space and also shows two toilet facilities as being directly connected to the proposed space. The building has only one operable toilet facility on the first floor, and it is not connected to nor is it located adjacent to the proposed site. 420 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 7 The diagram on page 2 of Attachment H: is not drawn to scale; depicts a two -foot entrance doorway when in fact, the entrance doorway is six feet wide and holds two in -swinging doors; overstates the project north boundary; indicates walls where there are none; overstates the size of the sink area; depicts circles that are roughly the size of a dinner plate as "tables;" depicts a "creative space," the size of a closet (8'x9') where art classes with as many as 9 people are proposed to be conducted; indicates two toilet facilities and presents them as being part of the proposed space when, in fact, there is only one toilet facility, which is shared by all tenants, including at least one dwelling; overstates the size of the toilet facility; and does not accurately depict the location of or the means to access the toilet facility. I have attached a corrected site plan. This plan accurately indicates: The square footage of the proposed space is approximately 417 square feet, which is a little larger than a one -car garage and 276 square feet less than the size stated in the staff report; the entrance to the proposed space is comprised oftwo 3 -foot doors that swing into the proposed space, which reduces the useable space to less than 400 square feet; the door to the toilet facility is 22 inches wide and swings outward into the 33 -inch hallway, toward the person attempting to enter the toilet facility; The toilet facility is located nearly twenty feet away (along a 33 -inch hallway) from the entrance to the proposed space. The inaccuracies and inconsistencies are easily identifiable by a cursory examination. The City staff should have caught the inaccuracies and demanded they be corrected before the application was accepted. In addition, the City staff should have made a site visit to ensure the drawings were correct. Appellant also supports her appeal with false and inaccurate claims regarding other businesses. Appellant's claims regarding other businesses are of little consequence First, these businesses either do not require special permits (Rockstars of Art) or have no similar issues with 421 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 8 the building or parking (Agape Art Collective). Second, complaining that one business is allowed to operate does not make another business permissible. More important are Appellant's false and inaccurate statements regarding the other business and the proposed business. Appellant falsely claims that Rockstars of Art does not have off-street parking. I have attached a photo ofthe off-street parking for Rockstars ofArt. Applicant also falsely claims that Rockstars of Art is allowed "to bring in any amount of people for any event at any time," and that other businesses could "have [an] unlimited amount of staff and clients at once". Appellant's ignorance ofthe occupancy load limits and parking requirements is troubling. Finally, Appellant claims that the space proposed by "E Art Gallery," at 2721 E. Coast Highway has "unlimited" and "open" parking, when in fact it has no parking at all. THE PROPOSED SPACE DOES NOT AND CANNOT COMPLY WITH THE REQUIREMENTS OF THE SAFE BODY ART ACT AND ORANGE COUNTY HEALTH REQUIREMENTS The regulations and restrictions on body art facilities and practitioners is very strict. For example: 1. Body art facilities must a. obtain and maintain a valid health permit; b. obtain and operate under a valid infection prevention control plan; c. have all registrations and permits displayed in a conspicuous space; d. have sharps waste containers labeled with the words "sharps waste" or with the international biohazard symbol and the word "BIOHAZARD." e. have floors, ceilings and walls that are smooth, nonabsorbent, free of open holes, and washable; f. have its own toilet facility and if associated with a dwelling, have a toilet facility separate from the dwelling; g. be separated from all business not related to body art, at the discretion of the local enforcement agency; h. maintain permanently installed sinks that comply will all building standards and that have their own source of hot water; i. comply with all current building codes; 422 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 9 It is impossible for the proposed space to meet nearly all of the above requirements. The Orange County Health permit will not issue at this location. The ceilings are rough, made of absorbent fibrous tile, are filled with holes and are not washable. (See Photographs.) The walls are painted wallboard, which is not permissible material. The proposed space does not have its own toilet facility. The proposed space contains at least four other proposed businesses all in a one - room 417 square -foot space, where 20 square feet are taken by the doorway, and according to Applicant's and Appellant's drawings, 50 square feet will be used for storage and 160 square feet will be used as the tattoo procedure area. This leaves around 190 square feet for walkways, an art gallery, and an art classroom. the bar sink does not comply with the plumbing code. In addition, among other things, at least one tenant lives in the building, and thus, the building contains a dwelling unit. (NB Muni. Code § 20.70.020.) This dwelling utilizes the building's toilet facility as its bathroom. Therefore not only does the proposed space not have its own toilet facility as required, the proposed communal building toilet facility is also a dwelling toilet facility. In addition, the non -conforming structure ofthe proposed space does not meet the building standards. For example, the ceilings on the lower level are only TW high. Many building hallways and doorways do not meet the building or ADA requirements. The sink in the proposed space does not have its own water heater. The building does not have the required access between floors. Although the City may permit non -conforming uses in some situations, it may not override the requirements of the Safe Body Art Act that require tattoo facilities to comply with the building standards. (Cal Health & Saf Code § 119324.) Because the proposed space cannot conform to the building standards, it may not operate as a tattoo parlor. Similarly, because Appellant and Applicant both failed to provide evidence that the proposed space complies with all requirements, the application and the appeal must be denied. THE PROPOSED SPACE DOES NOT AND CANNOT COMPLY WITH THE 423 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 10 REQUIREMENTS FOR OBTAINING A MINOR USE PERMIT The Application contained no evidence necessary to make any of the findings needed to issue a minor use permit. Other than submitting a stack of pre-printed form letters purporting to show support, Applicant proffered no evidence to prove any ofthe conditions necessary to receive a minor use permit. 1. The Applicant must submit evidence to show that the proposed use complies with all other applicable provisions of this Zoning Code and the Municipal Code. (NB Muni Code § 20.52.020.) Applicant provided nothing to make this showing. Applicant did not submit any proposed construction plans, did not submit any proposed capacity, did not submit any analysis of parking requirements. In fact, Applicant could not make this showing, as it would be impossible to meet this requirement at this location. This building does not conform with the building or zoning standards of the Municipal Code. If Applicant wished to utilize the non -conforming status of the building Applicant was required to but did not, submit evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. (NB Muni Code § 20.38.030.) In addition, to the extent that the non -conforming laws apply, the construction necessary to make the space useable for a tattoo parlor would require the space to become conforming, which is not possible. (NB Muni Code § 20.38.040 [For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Zoning Code].) With respect to the Building Code and Fire Code, it is not possible for the building to meet the building and fire standards, some of which are described in this letter. Unlike the Zoning Code, there is no provision for a non -conforming use of a space that does not meet the building or fire code standards. With its 7' 4" ceilings, 22" doorways, narrow hallways, lack of elevator, decades old unpermitted construction and space reconfiguration, just to name a few items, it is impossible for Applicant to meet this element with regard to the proposed space. 424 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 11 2. The Applicant must submit evidence to show that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Applicant did not and cannot. The location in the building is not compatible with the other businesses in the building. Presently there are incompatible businesses such as a children's tutoring business, a counselling center and my law office. There are also two retail clothing stores, which are not compatible with tattoo parlors. A block away, there are two other children's tutoring centers (Mathnasium and Kumon), a children's barber (First Cut), and a children's Taekwondo center (CDM Blackbelt Center). None are compatible with tattoo parlors or live model private art classes. In addition, of the current nine tenants in the building of the proposed space, there are already three businesses that are categorized as "Restricted Use:" two day spas [La Vita Salon & Spa, Suite 110 and Korean Beauty Skin, suite 204] and a nail salon [Ciel Bleu Nail Care suite 208]. Restricted uses are personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts. (NB Muni Code § 20.70.020.) To permit half of the tenants in this tightly packed building to be restricted use will not serve the purpose of disbursing restricted use businesses. 3. The Applicant must submit evidence to show that 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. The Applicant did not. As discussed above, the proposed uses within the proposed space itselfare not compatible with each other. (E.g. tattooing not compatible with minors, minors not compatible with adult live models, live models not compatible with tattooing, tattooing not compatible with art supplies and canvases, etc.) The small size ofthe proposed space is also not compatible with the proposed uses within the proposed space (Art Gallery, Art Exhibitions and Art Classes in a closet, tattoo procedure area open and not compatible with personal belongings and porous art canvasses). 425 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 12 4. The Applicant must submit evidence to show that the operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth ofthe City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Applicant did not. The increase in traffic and parking is not compatible or in compliance with the Municipal Code; it is not in keeping with the neighborhood and deprives residents of precious little parking left. In addition, the proposed space is in a building that abuts a residential neighborhood. The building is extremely close to other residential dwellings, both across the street and next door. This further raises health and safety issues, especially because the waste receptacle for the building is mere feet from one home. In addition to the above, there is a very real health and safety problem with permitting a tattoo parlor to operate in a non -conforming building. The Safe Body Art Act was enacted to reduce the spread of blood-borne pathogens and other blood-borne diseases. Operating a tattoo parlor in a building that lacks adequate toilet facilities, lacks access to the toilet facilities, lacks adequate pathways, and has inadequate ventilation, low ceilings with absorbent, non -waterproof ceiling tiles that traverse the suite boundaries into the hallways would create an unacceptable risk to the other tenants as well as their customers. Where, as here, a building cannot comply with the requirements of the Safe Body Art Act, then operating a tattoo parlor in that building would be unsafe. APPELLANT'S AND APPLICANT'S PROPOSED USES REQUIRE MORE THAN JUST A MINOR USE PERMIT. Appellant and/or applicant seeks to offer classes using live models. "Adult model studio' means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the 426 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 13 premises. "Adult-oriented business" includes a business establishment that performs as an adult model studio. "Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four (24) hours in advance of participation in the class. (NB Muni. Code, § 5.96.010.) Adult Model studios require an adult oriented business permit, which may only be issued upon the applicant's proof of certain requirements. (NB Muni. Code, §§ 5.96.015, 5.96.025.) Neither Applicant nor Appellant has applied for such permit. Even if Applicant or Appellant had applied for such permit, no permit could be issued, for, among other reasons the fact that: Tattooing is not allowed on the same premises as an adult oriented business; the premises cannot comply with the development and design requirements of the zone in which it is to be located for the specific underlying use, as required; the premises do not have separate restroom facilities for male and female patrons, as required; Minors must not be permitted to enter, which would preclude Applicant/Appellant's intent to provide private art lessons to minors; Applicant/Appellant intends to stage special events, which would increase the parking demand, which is prohibited NB Muni. Code, § 5.96.025) Applicant was also required to apply for and obtain either a building permit or a zoning clearance. (NB Mui. Code § 20.52. 100.) Applicant did not. Had applicant applied for either a building permit or a Zoning Clearance, Applicant would have realized that the proposed uses cannot be permitted at this location. THE PROPOSED USES IMPERMISSIBLY INCREASE PARKING REQUIREMENTS FOR AN ESTABLISHMENT IN A BUILDING WITH NO PARKING 2721 E. Coast Highway has no on-site parking. Subject to exceptions not available here, only those new business uses that require no more than one space per 250 square feet and that do 427 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 14 not do not increase the parking capacity may operate at this location. (NB Muni Code, §§ 20.38.010 et seq., 2138.010 et seq.) Fractional parking space requirements shall be rounded up to the next whole space. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use. (NB Muni Code, § 20.40.020.) Here, the proposed space is approximately 417 sq. ft. Per section 20.40.040 and Table 3-10, Applicant and Appellant's proposed uses require the following parking spaces Business Type Off-street parking Number of spaces required requirement for proposed space Adult -Oriented Businesses 1 per 1.5 occupants' or as 62 required by conditional use permit Retail Sales (Art Gallery) 1 per 250 sq. ft. 2 Studio (dance, music, and 1 per 250 sq. ft. 2 similar) Personal Services 1 per 250 sq. ft. 2 TOTAL 1 per 40 sq. ft. 12 Applicant and Appellant's proposed uses violate even the non -conforming use parking requirements and cannot be approved. Moreover, nonconforming parking is only allowed where the building does not conform only with respect to the parking requirements. In this building, there are several non -conforming issues. The toilet facilities do not comply with the building standards, as they are not handicap accessible, they do not have smooth impervious surfaces surrounding the sink and toilet and they are only 4.75 ft. by 5 ft. in size. The doorways are less than 24 inches wide, the hallways connecting the bathrooms to the other portions of the building are only 33 inches wide, and the door to the lower level toilet facility swings out into the hallway 1 maximum occupancy allowed (NB Muni. Code, § 20.40.030.) 2 Using Applicant's value of "7 artists and one model," plus instructor. 428 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 15 in front of the bathroom, which leaves less than 12 inches of clearance to pass to enter the toilet facility. The ceiling heights are 7 ft. 4 in. high. on the lower level. These are but a few ofthe non- conforming qualities of the building. In addition, any increase in occupancy load is permitted only upon issuance of a conditional use permit, and Applicant/Appellant have not applied for or obtained any such permit. (NB Muni Code, § 20.38.050.) BECAUSE THE APPLICANT AND ITS PURPORTED OWNERS FAILED TO SUBMIT AN ACCURATE TRUTHFUL APPLICATION, AND BECAUSE THE PURPORTED OWNERS OF THE BUSINESS HAVE FAILED TO COMPLY WITH THE MOST BASIC OF REQUIREMENTS, THEY HAVE SHOWN THAT THEY WILL BE UNABLE OR UNWILLING TO COMPLY WITH THE REQUIREMENTS OF THE SAFE BODY ART ACT AND ORANGE COUNTY HEALTH REQUIREMENTS The regulations and restrictions on body art facilities owners and practitioners are very strict. For example: 2. Body art facility owners must a. maintain a list of all current and prior body art practitioners operating in the facility and notify the local agency writing within 30 days of the resignation, termination, or new hire of a body art practitioner at the body art facility; b. submit plans to the Plan Review Unit ofthe local enforcement agency. The plans shall be approved in advance of the issuance of a building, plumbing, or electrical permit; c. maintain and follow a written Infection Prevention and Control Plan pursuant to Health and Safety Code section 119313; d. provide initial and annual in-person, site-specific training to every employee on the hazards and the protective measures to be taken to minimize the risk of occupational exposure to blood and OPIM; e. maintain and follow a written Exposure Control And Prevention in compliance with OSHA's Bloodborne Pathogens Standard (29 CFR 1910. 1030); f. train all personnel regarding the facility's Infection Prevention and Control Plan, and maintain logs of the training; g. Dispose of waste by a licensed waste hauler. Materials shall be disposed ofby disposal after an approved method of decontamination, by disposal at a licensed treatment facility, or by removal and transportation through a mail -back system authorized by the State Department of Public Health; h. maintain records of all sharps waste for three years. 429 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 16 3. Body art Practitioners must a. be at least 18 years old; b. satisfactorily complete OSHA Bloodborne Pathogens Exposure Control Training pursuant to the requirements of paragraph (2) of subdivision (g) of Section 5193 of Title 8 of the California Code of Regulations, or its successor. (Cal Health & Saf Code 119307 [this requirement applies to all practitioners, employees and volunteers]); c. either be vaccinated against hepatitis B or satisfy all vaccination declination requirements; d. be registered with the County where they practice; e. commit to meet state law and relevant local regulations pertaining to body art safety. Appellant claims that "the facility will be regularly inspected to ensure a sterile work environment, as well as meet [sic] all health regulations set by California Safe Body -Art Act." Staff Report Attachment G [Revised Project Description], page 2.) Appellant is wrong. Unfortunately, the reality is that the regulatory agencies are overworked and understaffed. As such, inspections rarely occur and the body art industry is virtually self -regulated. As stated in the most recent Law Review Article regarding Tattoos: California requires that tattoo parlors register with the county in which they operate, and requires counties to perform annual inspections oftattoo parlors. Cal. Health & Safety Code §§119300-09 (West 2012). However, neither Los Angeles County nor Orange County require anything approaching annual inspections, and in an era of year -after -year budget cuts, it is doubtful that other counties will comply either. In Los Angeles County, which is the most populous county in the United States, there is one county tattoo inspector to monitor at least 300 tattoo parlors and 850 tattoo artists. See Anderson, 621 F.3d at 1056. Many tattoo parlors [in Los Angeles County] have never been inspected and are subject to no regulations other than the requirement to register with the County." Id. Indeed, Prix Body Piercing, a tattoo parlor on the famous Colorado Boulevard in Pasadena, California, has been inspected twice in the last eleven years. Interview with Eddie "EdD" Herrera, supra note 178. The inspector ensured that there was soap and running water in the bathroom, hand sanitizer in the parlor, and a sterilizer. Id. The inspector did not examine whether the sterilizer was plugged in or in working order. Id. Tellingly, the 'Body Art and Tattoo" link on the "Permits and Licenses" page of the Los Angeles County municipal website has been inoperative since at least March, 2011. LA County Business, http://lacounty.gov/wps/portal/lac/business/ (last visited Apr. 12, 2012) (follow "Permits & Licenses" link; then follow 'Body Art and Tattoos" link). Who Owns Your Skin: Intellectual Property Law And Norms Among Tattoo Artists (May 2012) 85 S. Cal. L. Rev. 1137, 1176, n. 266.) 430 Newport Beach City Council Letter Re: E Art Gallery Tattoo February 26, 2019 Page 17 In addition, the City's own inspectors have not addressed the existing or past violations in this building or others. For example, several buildings have had unpermitted construction ongoing for many months without one violation. At least one tenant of this building resides in his/her commercial space; in others, doors and windows have been walled over and obstructed, without violation. We cannot expect the City inspectors or the Orange County Health Department to constantly police a basement commercial space that has all exterior windows obstructed. Ms. Gallegos's promise to abide by the law is of no comfort. Because Ms. Gallegos and/or Mr. Aguirre have been unable to comply with the basics of creating the business entity "E Art Gallery," because both applicant and Appellant have submitted plans that do not portray the actual premises, skew the scale, and falsely state the square footage of the proposed premises, there is good reason to believe that she/he/they will be unable or unwilling to comply with the requirements of the Safe Body Art Act and the Orange County Health requirements. HAD THE APPLICANT FOLLOWED THE PROCEDURAL RULES, IT WOULD HAVE BEEN CLEAR SOONER THAT THE APPLICATION SHOULD BE DENIED Any applicant for a project requiring more than one permit application (e.g., conditional use permit, site development review, tentative map, etc.) shall file all related applications concurrently, with all appropriate application fees. (NB Muni. Code § 2050.030.) Had Applicant filed all necessary applications concurrently (minor use permit, conditional use permit, adult oriented business permit, building permit and Zoning Clearance), then we would not be here, because the City Staff would have seen that the Applicant's proposed uses are not permissible in this building. Thank you for considering this objection to the Appeal of Samantha Gallegos regarding the Planning Commission's proper denial of "E Art Gallery's" minor use permit application. For the reasons above and more, I urge the City ofNewport Beach and this Honorable City Council to deny the Appeal. Yours truly, s Melinda M. Luthin, Esq. encl. 431 vro a 0 cv CL E _ Ll 0U Ie7LUCOC Propos a. Li Ir+ ll t n 1 c1Rv ,.s d 5x6--6 t 432 fiber ceiling tiles drop ceiling PROPOSED SPACE fiber ceiling tiles Bar sink walls not smooth, hard, and non-absorbent 433 INTENTIONALLY BLANK PAGE434 proposed tattoo procedure area d proposed storage area f proposed art gallery, art studio and art class sp I y 435 INTENTIONALLY BLANK PAGE436 kRT 437 INTENTIONALLY BLANK PAGE438 drop ceilings, fiber tiles not smooth, hard or absorbent, as required PROPOSED SPACE a 439 INTENTIONALLY BLANK PAGE440 r777 ter- - u • - ' ` _ - s 441 INTENTIONALLY BLANK PAGE442 no toilet facilities proposed space IL =_ k IL =_ 443 INTENTIONALLY BLANK PAGE444 445 INTENTIONALLY BLANK PAGE446 e -- I- 447 INTENTIONALLY BLANK PAGE448 Ne N f n a 449 INTENTIONALLY BLANK PAGE450 I v e -- f0. CD n N 0: 0 CD Q OO 0CD 451 INTENTIONALLY BLANK PAGE452 fi 1 r•. i yjfF F Y b _ ri{. q + i.. 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BE I AT VEHICLE OWNER'S EXPENSE POLICE PH. 949-644-3¢A2 C.V.C. 22658A 473 INTENTIONALLY BLANK PAGE474 February 26, 2019 Item No. 12 Appeal of Denial of Minor Use Permit Application for Tattoo Service 14 s• 77 Mid bells SALON e crour riturE z rtE.' City Council Meeting February 26, 2019 475 Application for tattoo service submitted on July 30,2018 Application for tattoo services only 476 Prosect Descrintic 693 square feet Zo:oo a.m. — 8:0o p.m. Tattoo by appointment only, 2 artists Art instruction and classes 477 Application was forwarded to the Planning Commission for consideration and heard on December 6, 2o18 Application was denied for: Inconsistency with Zoning Code Proliferation of personal service uses Site not physically suitable Impacts to neighborhoods 478 Eknnlicant's Anneal of Dprvur Applicant appeals the decision to City Council on December zo, who contends: Compatible with surroundings No negative parking impacts Protected by the First Amendment I 479 Project Vicinity SEWPO iT O iU Cq<IFORN P f ` L Xl. • w .1A' '-arid. •` F' t,' 1 may' :;.._•-s - . p 00 69 27211 - ; 1 .•Fo 1. Coast lee- Ol kw y '! s a r` t iii 480 481 7777Ir El JTi7Ti I RTU ROS j 111 milAwArA 721 CENTER 7A r Yee rkt rt:Hrir:ti MELINDA A 482 ROOY ART AREA 4 ] I TRAY SINK III ENTRANCE CREATIVE SPACE 0 483 Newport Beach Zoning Code Personal Service, Restricted Tattoo/piercing, healing arts, tanning salons, day spas State Law California Safe BodyArtAct Federal Law b. Meets FirstAmendment as "forms of pure expression" 10 484 R Example uses permitted by -right with same parking requi r P t Fitness Studio Barber Shop Beauty Parlor Reta i 485 English Tattoo Company J Agape Art -Collective Red Buddha Tattoo Newport Tattoo Balboa Tattoo Proposed Location 12 486 Thank you Questions'.? For more information contact: Chelsea Crager, Associate Planner 949-644-3227 ccrager@newportbeachca.gov www.newportbeachca.gov 487 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 26, 2019, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of theCityofNewportBeachwillconsiderthefollowing application: Appeal of E. Art Gallery Minor Use Permit — An appeal of the Planning Commission's denial of a minor use permit to operate a tattoo studio (Personal Services, Restricted land use) within an existing art gallery with art classes. The business is located within an approximately 700 -square -foot tenant space in a multi -tenant commerical building. Proposed hours of operation are 10:00 a.m. to 8:00, p.m., daily. The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that on December 6, 2018, by a vote of (3-2), the PlanningCommissionofthe City of Newport Beach denied the E. Art Gallery Minor Use Permit. The appellant filed the appeal of the Planning Commission decision on December 20, 2018. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the CityClerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application For questions regarding details of the project please contact Chelsea Crager, Associate Planner, at 949-644- 3227 ccrager@newportbeachca.gov. Project File No.: PA2018-177 Zone: CC (Commercial Corridor) Location: 2721 East Coast Highway, Suite 104 k _WIPO T O • •l. i em 4 z / s/ Leilani I. Brown, MMC, City Clerk09` PORVI`P City of Newport Beach Activity No.: UP2018-014 General Plan: CC (Corridor Commercial) Applicant: E. Art Gallery 488 OWNER E N Added 01/02/2019 Melinda Luthin Received Request per Patrick Achis 2721 E. Coast Highway #201 Newport Beach, CA 92625 E Art Gallery Attn: Savaanah Gallegos 2721 E. Coast Highway #104 Corona del Mar, CA 92625 APPLICANT/CONTACT Corona Del Mar Residents Association Attn: President P.O. Box 1500 Corona Del Mar, CA 92625 Corona del Mar Chamber of Commerce Attn: Linda Leonhard 2855 E. Coast Hwy #101 Corona del Mar, CA 92625 Corona del Mar Village Community Assoc. No Contact Information Jeffrey J. Brown E Art Gallery PA2018-177 for UP2018-014Attn: Savaanah Gallegos2707WindoverDrive 2721 E. Coast Hwy #104 Corona del Mar, CA 92625 2721 E. 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Art Gallery Minor Use Permit Locations Posted: Date of City Council Public Hearing / Meeting: 2/26/2019 Si nature Pri t Name, Title 493 dos An-ades ME D l A G Time's R O U P Sold To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 Bill To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 NOTICE OF PUBLIC HEARING NOTICE IS HEREBYOMEN that on Tuesday, February 26, 2016, at 7:00 p.m., a public hearing will be conducted In lite City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Appeal of E. Art Gallery Minor Use Permit— An appeal of the Planning Commission's denial of a minor use permit to operate a tattoo studio Personal Services, Restricted land use) within an oxlsang art gallery with art classes. The business Is located within an approximately 700. square -loot tenant space in a multi-lenanl commerical building. Proposed hours of operationare 10:00a.m. to 8:00, p.m.. daily. The projecl is categorically exempt underSecu m 15303 - Class 3 (New Construction or Conversion of SmaN Structures) of the Stale CEQA (California Environmental Quality Act) Guidelines. The project is categoricallyexempt under Section 15301, of the Slate CEQA ( California Environmental Quality Act) Guidelines - Class 1ExistingFacilliee). NOTICE IS HEREBY FURTHER GIVEN that on December 6, 2018, by a vole or (3- 2), the Planning Commission of the City of Newport Beach denied 01e E. Art Gallery Minor Use Permit. The appellant filed the appeal of the Planning Commission decision on December 20, 2018. All interested parties may appear and present testimony in regard to this application. If you challenge thisproject in court, you may be limited to raising only those issues you raised at the public hearing or In written correspondence delivered to the City, at. or prior to, the public hearing. AdministratIve procedures for appeals are provided in the Newporl Beach Municipol Code Chapter 20.64. The application they be conbnuad to a specific lulure meeting dale, and it such an a[4ipn ocCatltlalorrel aubllc notice pl the continuance will not b9 provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office. 100 Civic Center Drive, Newport Beach, California, 92660oralthe City of Newport Beach website at wvnv.nelv2gMI aMra.aov. Individuals no able to attend the mealier may mntac the Planning Division or accees the City's websilo ager the meeting to review the action onthisapplication. For questions regarding details of the project please contact Chelsea Crager, Associate Planner, elhca.aov. 44949-6-3227 rx:raoer/8lnewpodbeac Project File No.: Activity No.: PA2018-177 UP201"14 Zone: CC General Plan: CC Commercial Corridor Corridor) Commerdal) Locappn: 2721 Easl Coast Highway, Sulfa APPllrant: E. Art 104 Gallery Is? Leilani 1. Brown, MMC, City Clerk City of Newport Beach 6141161 - Orange Coast Daily Pilot Page 2 of 2 494 dos Angeles dines ME D I A G ROU P PROOF OF PUBLICATION 2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Feb 16, 2019 I certify (or declare) under the laws f-t Dadat icago, onlh edaofIIS 160 N Stetson Avenue Chicago, IL 60601 salty of perjury California that the foregoing is true and correct. 6141161 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2 495 INTENTIONALLY BLANK PAGE496 Attachment No. PC 8 February 26, 2019 City Council Draft Minutes 497 INTENTIONALLY BLANK PAGE498 City of Newport Beach Study Session and Regular Meeting February 26, 2019 Volume 64 - Page 46 11. Grants and Donations [100-2019] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. Motion by Mayor Pro Tem O’Neill, seconded by Council Member Herdman, to approve the Consent Calendar; and noting the recusals by Council Members Avery, Duffield and Herdman on Item 3, and the “no” vote by Council Member Avery on Item 4. The motion unanimously carried. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS Dylan White highlighted his experiences at and concerns regarding the Newport Aquatic Center (NAC), and requested the City’s assistance in dealing with its current board of directors. Bud E. Weiser announced he is running for President in 2020 in order to stop the warm beer epidemic. UCI law students Alexandra Carubis, Emily Genzlinger and Kelsey Goldman provided information about their project to advocate for homeless/low-income individuals and their pets, highlighted their plans and reviewed pet impound fees. Mayor Pro Tem O’Neill offered to work with the law students. XVII. PUBLIC HEARINGS 12. Appeal of Planning Commission’s Denial of a Minor Use Permit No. UP2018-014 for E. Art Gallery (PA2018-177) [100-2019] Community Development Director Jurjis, Principal Planner Ramirez, and Associate Planner Crager indicated they have not reviewed the letter submitted by Melinda Luthin and utilized a PowerPoint presentation to highlight the project’s background and description, discuss the Planning Commission hearing and the applicant’s appeal, and display the vicinity map, site photos, floor plan, parking plan, and existing tattoo locations in the City. In response to Mayor Pro Tem O’Neill’s question, Associate Planner Crager confirmed the Planning Commission did not make any factual determinations. Savaanah Gallegos, E. Art Gallery, discussed the art aspect of the business, the office hours, noted tattoos will be done by appointment only, and discussed signage, registration with the Orange County Health Department, health plans, and reasons people get tattoos. Council Member Brenner announced she met with Ms. Gallegos at the studio. Mayor Dixon opened the public hearing. Hearing no testimony, she closed the public hearing. Following discussion, motion by Council Member Brenner, seconded by Council Member Herdman, to a) refer the matter back to the Planning Commission for further consideration in light of the new evidence; b) require the Planning Commission’s decision to include factual findings; and c) bring the matter back to the Planning Commission within 30 days. The motion unanimously carried. 13. A Six-Month Extension to a Hoag Development Agreement (PA2018-024) (C-2912) [38/100- 2019] and concerns regarding and concerns regarding the Newport the Newport currentcurrent boardboard of directors announced he is running for President in 2020 announced he is running for President in 2020 in order in order to stop GenzlingerGenzlinger and and KelseyKelsey GoldmanGoldman /low-incomeincome individuals individuals and their petsand their pets Mayor Pro Tem Mayor Pro Tem O’Neill O’Neill offered to offered to Appeal of Planning Commission’s Denial of a Minor Use Permit No. UP2018Appeal of Planning Commission’s Denial of a Minor Use Permit No. UP2018 [100-2019]2019] Community Development Director Director Jurjis, Jurjis, Principal Planner Principal Planner indicated they have not reviewed the letter submitted by Melinda indicated they have not reviewed the letter submitted by Melinda presentation to highlight the project’s presentation to highlight the project’s hearinghearing and the and the applicant’s appeal, applicant’s appeal, plan, and plan, and existing tattoo locationsexisting tattoo locations In response to Mayor Pro Tem O’Neill’s questionIn response to Mayor Pro Tem O’Neill’s question make make any factual determinations.any factual determinations. 499 City of Newport Beach Study Session and Regular Meeting February 26, 2019 Volume 64 - Page 47 Community Development Director Jurjis provided the staff report and noted the Planning Commission is recommending approval by the City Council. Motion by Council Member Herdman, seconded by Mayor Pro Tem O’Neill, to a) find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending a Development Agreement between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2018-004), and pass on to a second reading on March 12, 2019. Mayor Dixon opened the public hearing. Jim Mosher discussed how development agreements were negotiated in the past, asked why staff is conducting the negotiations now, and questioned how much development is left. Community Development Director Jurjis indicated Hoag Hospital is trying to protect the additional 450,000 square feet they are entitled to develop. Hearing no further testimony, Mayor Dixon closed the public hearing. Council Member Duffield expressed support for the recommendation. The motion unanimously carried. XVIII. CURRENT BUSINESS 14. Resolution No. 2019-20: Amending the Membership of the General Plan Update Steering Committee [24/100-2019] City Manager Leung reported the item is a result of Council direction at the February 12, 2019 City Council meeting. Motion by Council Member Brenner, seconded by Council Member Herdman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2019- 20, A Resolution of the City Council of the City of Newport Beach, California, Amending the Membership of the General Plan Update Steering Committee. The motion unanimously carried. 15. Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to On-street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May Take [100-2019] Community Development Director Jurjis and Deputy Community Development Director Ghosn utilized a PowerPoint presentation to discuss the factors driving the construction parking impacts, the level of construction activity occurring in the City, the history of the issue, highlight resident concerns and the proposal to limit various types of construction projects on Saturdays between Memorial Day and Labor Day, display a sample project information sign, and discuss the parking management plan for projects within 200 feet of each other, notification of implementation, what other cities are doing, the implementation timeline, the seasonal parking enforcement proposal, and corrections to the ordinance. discussed how development agreements were negotiated in the past, asked why staff is discussed how development agreements were negotiated in the past, asked why staff is now, and questioned how much development is left. Community now, and questioned how much development is left. Community indicated Hoag Hospital is trying to protect the indicated Hoag Hospital is trying to protect the Hearing no further testimony, Mayor Dixon closed the public hearing.Hearing no further testimony, Mayor Dixon closed the public hearing. expressed support for the recommendation.expressed support for the recommendation. 20: Amending the Membership of the General Plan Update Steering 20: Amending the Membership of the General Plan Update Steering 2019]2019 Leung Leung reported the item is a result of Council direction at the February 12, 2019 City reported the item is a result of Council direction at the February 12, 2019 City meeting.meeting. Motion by Council Member Motion by Council Member DRAFTa) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirecin a physical change to the environment, directly or indirec 500 Attachment No. PC 9 Tattoo Service Location Map 501 INTENTIONALLY BLANK PAGE502 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 11/27/2018 0 6,6263,313 503 INTENTIONALLY BLANK PAGE504 Attachment No. PC 10 Applicant’s Response Letter 505 INTENTIONALLY BLANK PAGE506 March 10th, 2019 Written Response to letter written by Melinda Luthin, received on February 26th, 2019 I, Savaanah Gallegos, have thoroughly, reviewed the 18+ pages of “evidence” brought upon E Art Gallery. This packet of information is the reason for City Council’s ultimate decision to return my business proposal to be reviewed, once again, back to Planning Commission on March 21st, 2019. This entire packet has also been thoroughly reviewed by the Orange County Health Department supervisor, James Hendron, via phone call with Savaanah Gallegos. As well, this packet has been thoroughly reviewed by “E Art Gallery’s” assigned Orange County Health Body Art inspector, Allison Mok. E Art Gallery, also, underwent a site visit by the Newport Beach City Associate Planner Chelsea Crager and Planning Supervisor, Gregg, shortly after this complaint was filed. E Art Gallery has been in touch with the OC Health Department since May 2018. ALL necessary paper work demanded by the California Safe Body Art Act, has been filed or drafted, and sent to OC Health Department, as of June 2018. Health inspections and health permits are not issued by the OC Health Department of Body Art, until Minor Use Permits are obtained. It is not a necessity to already have this paper work filed, nor have an assigned body art inspector for the past year, but we wanted to make sure we have everything right, and get the OC Health Department part-of-the-process done in the meantime of the process of obtaining our Minor Use Permit, as it has been 8 months and counting. E Art Gallery is to be an art gallery [show room] and creative space, that offers art classes and minimal appointment only Body-Art services; limited to Tattoos. As there were many things Ms. Luthin wrote that were correct and true, I will only comment on things that are in bigger question of approving our Minor Use Permit, to save us all [reading] time. Response to pages 1 & 4; At this time, “E Art Gallery LLC” is pending with the California Secretary of State as of March 9th, 2019. There has not been any type of business conducted at the proposed location and has only been utilized as a creative space; painting, drawing and storage of art supplies. No art manufactured or created at this location has been sold. We pay our lease here and our landlord, Jeff Brown, is very aware of our current status with our permits and inspections. Response to pages 3, 5, 13 & 14; An “adult oriented business” permit is not necessary, as the models at my live figurative art classes will not be nude models. All models will be fully clothed. There has not been any figurative drawing classes conducted, by far. Typically, the figurative classes will be designated for an older crowd [total of 7 artists] who is knowledgeable of the basics of art and who can draw on their own. There is no prohibition of children present during tattoo appointments nor [non- nude] live figurative art classes. The law is simply “119302. (a) Pursuant to Section 653 of the Penal Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics application, regardless of parental consent.” E Art Gallery does not contribute to the delinquency of minors. One-on-one art classes will be booked mostly with minors, with their parents’ 507 consent. This is an opportunity for children, to have my undivided attention to focus and teach them what they want to learn about art. There are much art supplies in my studio, and I am allowed to display curtains during the time we are not open to the public. The windows are not blacked out. My entire studio is visible through the doors that is how Luthin was able to capture photos. Nothing to hide, I can assure you, it is all art supplies. Response to pages 6 & 7; Ms. Luthin was correct, as she wrote, “…the overall square footage is grossly overstated.” I, accidentally, used the original square footage (693 sq. ft.) given by our landlord that is clearly outdated. To correct this issue (See Attached Floor Plan) a local, licensed Corona Del Mar architect drew the original floor plans and measure corrected the square footage, which turns out to be a total of 513 sq. ft. The entrance hallway to our common restrooms measure 36 inches (3 feet). Response to pages 8, 9 & 12; Here are sections of the California Safe Body Art Act pertaining to Luthin’s concerns on pages 8, 9 and 12. Edgar Aguirre and I are completely aware of the regulations of the California Safe Body Art Act, and the facility of E Art Gallery currently does not violate any of these regulations. Health Inspections aren’t conducted until after the Minor Use Permit is obtained. 119312. (a) A body art facility shall not conduct business without a valid health permit. (b) No body art facility shall allow a practitioner who does not possess a valid practitioner registration to perform body art procedures at the facility. 119313. (a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan, provided by the owner or established by the practitioners, specifying the procedures to achieve compliance with each applicable requirement of this chapter. 119314. (a) With the exception of a temporary demonstration booth, as specified in Sections 119317 and 119318, a body art facility shall comply with all of the following: (1) Have floors, walls, and ceilings. (2) Have floors and walls that are smooth, nonabsorbent, free of open holes, and washable. (3) Be free of insect and rodent infestation. (4) Be separate from any residential areas used for sleeping, bathing, or meal preparation. A body art facility associated with a residential dwelling shall have a separate entrance and toilet facility, and shall not have a door allowing direct access between the body art facility and the residential dwelling. (5) Have adequate toilet facilities, in accordance with the specifications of the State Building Standards Code, local building standard codes, and any other local ordinance. The sink shall be supplied with hot and cold running water, containerized liquid soap, and single-use paper towels that are dispensed from a wall-mounted, touchless dispenser. (5) All sinks shall be permanently plumbed and meet local building and plumbing codes. (f) A body art facility that does not afford access to a decontamination and sterilization area that meets the standards of subdivision (c) of Section 119314 or that does not have sterilization equipment shall use only purchased disposable, single-use, pre-sterilized instruments. In place of the requirements for maintaining sterilization records, the following records shall be kept and maintained for a minimum of 90 days following the use of the instruments at the site of practice for the purpose of verifying the use of disposable, single-use, pre-sterilized instruments: (1) A record of purchase and use of all single-use 508 instruments. (2) A log of all procedures, including the names of the practitioner and client and the date of the procedure. (3) Written proof on company or laboratory letterhead showing that the pre- sterilized instruments have undergone a sterilization process. Written proof shall clearly identify the instruments sterilized by name or item number and shall identify the lot or batch number of the sterilizer run. (A) Removal and disposal by a licensed waste hauler. Materials shall be disposed of at a licensed treatment facility or removed and transported through a mail-back system authorized by the State Department of Public Health. E Art Gallery currently abides by all of these standards set by California Safe Body Art Act. There is no standard on ceilings, there is only a mandatory rule that the facility simply has to have a ceiling. The walls are painted with a commercial grade, non-absorbent paint, painted by our landlord’s building management. The walls are not painted wallboard. Also, via phone call with the supervisor of Orange County Health Department, James Herdon, it has been finalized that the proposed facility does not have to have its own toilet facility, if there are common toilet facilities. Since the toilet facilities are common, it is not a necessity to have two separate toilet facilities for boy and girl. Sinks in the facility also doesn’t have to have its own water heater, as long as the water reaches 120 degrees Fahrenheit. E Art Gallery has one sink, which is in compliance. E Art Gallery will be using single use pre-sterilized sharps and tools. These sharps are not disposed of in regular waste receptacles; meaning the houses surrounding our common exterior trash bin, will not be effected. Sharps will be disposed by a licensed waste hauler. Our proposed location is 2721 E Coast Hwy Suite 104 Corona Del Mar, California 92625. We are located in a Commercial Corridor, and did not have any knowledge there was a person residing in the building and I don’t believe anyone resides there. To my knowledge, no one uses our common bathroom who resides at this building [if so], as the only people who have keys to our common bathroom, are a select few tenants down stairs including Edgar and I. Although these concerns have been brought up, James Hendron of the OC Health Department Body Art reassured me that this facility has the potential to be approved by the Orange County Health Department even if we were opening in a building where there was residential dwelling associated, as E Art Gallery does not violate the restrictions. Refer to above section of [119314. #(4)] in the California Safe Body Art Act. Response to page 15, 16 & 17; The information listed on page 15 under “2. Body art facility owners must” And on page 16 where Luthin stated the information under “3. Body art Practitioners must”, Luthin is correct and this information is true. Edgar Aguirre and Savaanah Gallegos have been aware of these basic facts since Savaanah has previously, successfully managed a Body Art facility for two years, so there should be no worries about any of these regulations being violated. Regardless of Luthin’s intention of this crucial letter, I am happy to inform you all [the public] that our talent cannot be taken away. This is our livelihood, and I am another woman [23 years old], just like her, trying to continue to be successful, the right way. We are tenants in the same building and all of this could have been avoided, if Luthin were to ask or get to know me. Sincerely, Savaanah Gallegos 509 INTENTIONALLY BLANK PAGE510 Attachment No. PC 11 Public Comments Received After December 6, 2018 Planning Commission Meeting 511 INTENTIONALLY BLANK PAGE512 From:Crager, Chelsea To:Brown, Leilani Subject:FW: Tattoo parlor Date:Friday, February 22, 2019 2:43:21 PM Hi Leilani, This comment came in today regarding the E Art Gallery appeal. CHELSEA CRAGER Community Development Department Associate Planner ccrager@newportbeachca.gov 949-644-3227 -----Original Message----- From: Gretchen Schlegel <gretchenschlegel@gmail.com> Sent: Friday, February 22, 2019 2:28 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Tattoo parlor City Council, It has me concerned as a parent and homeowner a tattoo parlor is possibly moving in on our street let alone CDM. This location also had a massage parlor which ended up catering to men. Thankfully the police closed it down. My concern is the other tenants that would be attracted to locate themselves with a tattoo parlor such as smoke shops, massage parlors and lingerie stores. I managed my families property and Condomrev wanted the space and we said no. The new landlord let them in and now there is a smoke shop, lingerie store and record store. Not too many professional businesses would want to be in the same building as a tattoo parlor. My kids went to Harbor View Elementary and one is still at CDM High School and we pass by those buildings on a regular basis. When they were little we walked passed it everyday. The CDM bus stop is right by there and being exposed to something that is violent to the body is too much for children to see on a regular basis. Kids are cutting themselves and hurting themselves out of anger and frustration and having a tattoo store close to a school is not acceptable. Please do not let them move in. It will hurt my property values. This landlord let a funny massage place move in and not sure what is next if we let the tattoo place in. Kindest regards, Gretchen Schlegel 513 From:Crager, Chelsea To:Brown, Leilani Subject:FW: Tattoo studio 2721 E. Coast Hwy Date:Friday, February 22, 2019 2:43:49 PM Attachments:image001.png image002.png Hi Leilani, This comment came in today regarding the E Art Gallery appeal. CHELSEA CRAGER Community Development Department Associate Planner ccrager@newportbeachca.gov 949-644-3227 From: Joy Curtin <JCurtin@VillaRealEstate.com> Sent: Friday, February 22, 2019 2:27 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: FW: Tattoo studio 2721 E. Coast Hwy Newport Beach City Council Members: I have been a homeowner and resident in Corona del Mar on the 500 block of Fernleaf Avenue for 26 years. I feel strongly that A Tattoo studio is NOT an appropriate business to be allowed in the area. This could cause me LOSS OF INCOME I lease my front property to families with children. We have never allowed a Tattoo parlor in Corona del Mar, Why would we allow one to open in the area now. Please consider this objection for the good of the community. Best regards, Joy Curtin 513 & 513 ½ Fernleaf Ave. Joy Curtin Real Estate Professional C: 949 633 8335 T: 949 531 4436 F: 949 531 4437 Villa Real Estate 450 Newport Center Drive, Suite 100 Newport Beach, CA 92660 514 VillaRealEstate.com Cal BRE No. 01140694 515 From:Crager, Chelsea To:Brown, Leilani Subject:FW: Tattoo Studio on 2721 E. Coast Hwy Date:Monday, February 25, 2019 7:37:27 AM Attachments:image001.png Hi Leilani, This came in on Friday regarding the E Art Gallery appeal. CHELSEA CRAGER Community Development Department Associate Planner ccrager@newportbeachca.gov 949-644-3227 From: Gerard Andrassy <andrassy@earthlink.net> Sent: Friday, February 22, 2019 6:20 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Tattoo Studio on 2721 E. Coast Hwy Dear Newport Beach City Council Members, As a property owner in Corona Del Mar for over 30 years, I am strongly opposed to a Tattoo Studio and find that this type of business is NOT appropriate for our neighborhood. My property, on the 500 block of Fernleaf Avenue, is leased to families with small children. Allowing a Tattoo Studio in Corona del Mar, would cause a loss of income and a decrease in property values. Please consider that Corona del Mar is a family friendly neighborhood and my objection to any Tattoo Studio. Best regards, Gerard Andrassy 509 & 509 ½ Fernleaf Ave. 516 From:Ramirez, Brittany To:Crager, Chelsea Subject:FW: Tattoo parlor Date:Thursday, February 28, 2019 11:31:46 AM Attachments:image001.png     BRITTANY RAMIREZ Community Development Department Administrative Analyst bramirez@newportbeachca.gov 949-644-3239   From: Ken Koenig [mailto:vilanoken@gmail.com] Sent: Thursday, February 28, 2019 10:11 AM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Subject: Tattoo parlor I understand you will be reviewing the Corona del Mar tattoo parlor once again. Before youdo, I ask that you review the owner’s facebook page, which includes a post regarding ALREADY offering tattoos in the CDM location as early as April 2018.https://m.facebook.com/Elekkstasy-1148866878497514/? tsid=0.9718214366990702&source=resultThe whole thing is odd. Why is someone, whose primary clientele is in LA and Las Vegas, opening a parlor in CDM? Why is there already a tattoo station set up in the facility? Where isthe art gallery? I see a few paintings stacked up against a wall. When has she EVER, in the 9 months of being in the space, held art classes? How has she been paying the lease? It seemsapparent to me this is simply a tattoo parlor...or perhaps something else entirely. Extremely fishy to say the least. Lastly, do you really think a business of this type is a good fit for thisbeautiful little village? Ken Koenig, concerned CDM resident Sent from my iPad 517 INTENTIONALLY BLANK PAGE518 Attachment No. PC 12 Updated Project Plans 519 INTENTIONALLY BLANK PAGE520 521PA2018-177Attachment No. PC 12 - Updated Project Plans 522PA2018-177Attachment No. PC 12 - Updated Project Plans From:Crager, Chelsea To:Lippman, Tiffany Subject:FW: E Art Gallery and Tattoo Studio Date:Monday, March 18, 2019 7:41:23 AM Attachments:image001.png CHELSEA CRAGER Community Development Department Associate Planner ccrager@newportbeachca.gov 949-644-3227 From: Dan Sheridan <dan@hoffmanstrategy.com>  Sent: Saturday, March 16, 2019 6:21 AM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: E Art Gallery and Tattoo Studio Chelsea, I live in Corona del Mar and have just now become aware of an application for a use permit at a location on Coast Highway to allow for a tattoo operation within an art gallery.  I may not be able to attend the public hearing on 3/21 due to work commitments but I needed to let you know that I strongly oppose this application. A tattoo use in a residential neighborhood with limited parking is simply not compatible with the area.  Given what I have read, it seems the art studio operation may not be compatible either.  My focus here, however, is the tattoo use.  Aside from the residential nature of the neighborhood, how is a tattoo parlor consistent with the other uses in the immediate area of Coast Highway?  How does a tattoo parlor promote and support the overall Coast Highway area in CDM?  In the retail and shopping center world, the concept of co tenancy is very important.  To create and build a thriving retail/commercial corridor, the various uses need to complement each other.  The collective sum can and should greater than the individual parts. Coast Highway in CDM has more vacancy now than it has since I moved here.  The reason for this vacancy, in my opinion, is because there is no coordinated, researched and long term plan.  Instead of an overall strategic plan, the City appears willing to allow and promote short term, gap filling thinking.  It is this type of thinking that has contributed to the vacancy issue on Coast Highway and allowing a tattoo parlor at this location will only contribute further to this issue. I have other issues with the application, i.e. the proposed conditions on the use are almost completely unenforceable and can easily be ignored, but my primary objection is what I stated above. Planning Commission - March 21, 2019 Item No. 3a Additional Materials Received E Art Gallery Appeal (PA2018-177) Please reject the use permit application.  Thanks for your consideration. Dan Dan Sheridan - Partner Hoffman Strategy Group dan@hoffmanstrategy.com 949-877-2855 Planning Commission - March 21, 2019 Item No. 3a Additional Materials Received E Art Gallery Appeal (PA2018-177) From:Crager, Chelsea To:Lippman, Tiffany Subject:FW: E Art Gallery Date:Monday, March 18, 2019 11:21:37 AM Attachments:Signed E Art Gallery.pdf image001.png Tiffany, The applicant forwarded this letter for E Art Gallery. CHELSEA CRAGER Community Development Department Associate Planner ccrager@newportbeachca.gov 949-644-3227 From: Savaanah G <elekkstasyart@gmail.com> Sent: Monday, March 18, 2019 11:17 AM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Fwd: E Art Gallery Here you go, good luck and keep us informed, we will be praying for you Planning Commission - March 21, 2019 Item No. 3b Additional Materials Received E Art Gallery Appeal (PA2018-177) Adam S Henson Federal Police Officer 8901 Hammond Dr San Diego, CA 92123 03/01/2019 Planning Commissioners City of New Port Beach Subject: “E Arts Gallery LLC” ran by Savaanah Gallegos and Edgar Aguirre. Dear Planning Commissioners: I am currently a Federal Police Officer with the Department of Defense. I served 26 years in both the United States Marine Corps and Army. I am a Bronze Star and Purple Heart recipient awarded to me during Operation Iraqi Freedom. I am a father of eight (5 girls & 3 boys) and a grandfather of four (3 granddaughters and 1 grandson). My youngest daughter Angelica is almost 12 years old. She has been receiving personal training on her drawing skills by Savaanah Gallegos for over a year. Ms. Gallegos has been inspiring her to continue to improve on her God giving talents. Angelica has a learning disability that was diagnosed when she was in first grade. This caused her to have to repeat first grade. It has been a big struggle for Angelica to keep up with her peers academically. Angelica always felt shame and different because of her disability to the point that she no longer wanted to go to school. In third grade this started to change with the introduction of art into the school’s curriculum. Angelica found something that she was extremely good at and that her peers took notice of. Ms. Gallegos has been helping her by teaching her different techniques in all aspects of drawing. Currently Ms. Gallegos comes to our home in San Diego occasionally, but we look forward to spending our Saturdays in Newport Beach at the Art Gallery. Angelica has been improving academically, and all her classmates and even her teacher come to her for all thing’s art related. Angelica no longer wants to quit school and no w looks forward to learning and thriving in her academic studies. She now wants to become an art teacher to help others, like Ms. Gallegos is doing for her. I DocuSign Envelope ID: 55569A4E-9C64-48B8-80E5-1F3FA40AFD5E Planning Commission - March 21, 2019 Item No. 3b Additional Materials Received E Art Gallery Appeal (PA2018-177) Planning Commissioners 03/01/2019 Page 2 cannot express my gratitude enough to MS. Gallegos for the inspiration, guidance, and support she has given my daughter, and the many other young artist’s she works with. We’ve had conversation’s about how excited she is to be able to hold art classes again in her new studio, for various levels of up and coming artist’s. I for one, will have no problem traveling from San Diego to Newport Beach to bring my daughter to be tutored by this fabulous artist. During my tours in Iraq, I witnessed the horrors of war first hand. In one of my tours we flew over with 105 members of our company and our return flight had only 65. Our company also had an 80% divorce rate amongst our returning members while we were deployed. My patriotism and my faith are a big part of who I am having joined the military right out of high school like the four generations before me. Having been raised faithfully in the church, my love for GOD is one of the most important things to me. Ms. Gallegos and Mr. Aguirre were instrumental in putting both of those two parts of my life together in a mural that was then permanently put on my entire back. I know that they both travel extensively when requested to perform tattoo and mural services in and out of the country. I know that this helps finance the Art Studio in Newport Beach. I truly believe that “E Art Gallery” will be a positive and inspiring addition to Newport Beach. Please feel free to contact me if I can help or you need anything else from me. Sincerely, Adam S Henson 619-665-0705 DocuSign Envelope ID: 55569A4E-9C64-48B8-80E5-1F3FA40AFD5E Planning Commission - March 21, 2019 Item No. 3b Additional Materials Received E Art Gallery Appeal (PA2018-177) From:Crager, Chelsea To:Lippman, Tiffany Subject:FW: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA Date:Tuesday, March 26, 2019 2:46:49 PM Attachments:image003.png ltr 2019.03.20 mll to NB Planning Commis Re EArt Gallery tattoo OPT1.pdf   From: melinda@melindaluthinlaw.com <melinda@melindaluthinlaw.com> Sent: Thursday, March 21, 2019 12:50 AM To: Zak, Peter; Weigand, Erik; Lowrey, Lee; Ellmore, Curtis; Kleiman, Lauren; Koetting, Peter; Kramer, Kory Subject: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA   Dear Chairman Zak and Members of the Newport Beach Planning Commission: Thank you for the opportunity to comment on the Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA.  I apologize for the late comments, but it took me a long time to prepare my comments.  As you know, although I have no opinion as to the appropriateness of a tattoo parlor in CdM, I strongly object to the proposed location, as it does not meet the required standards for the health, safety and welfare of tattoo customers, other tenants in the building, or their guests and customers.  Please review my attached comments and also please review the letter that I sent to the City Counsel opposing Ms. Gallegos’s appeal of your earlier denial of her application.    Your December 2018 decision to deny the permit application was correct.  I appreciate the time and effort you have put into this matter and I look forward to your upholding your original correct decision.     Thank you, Melinda   2721 East Coast Highway, Suite 201 Corona del Mar, CA 92625 (949) 673-1161 www.melindaluthinlaw.com Melinda Luthin Law | Corona del Mar | Orange County | California | (949) 673-1161 - home Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) www.melindaluthinlaw.com Melinda Luthin Law, a general practice firm in Corona del Mar, Orange County, California. We take a genuine interst in your legal matters and provide personalized, passionate and informed counsel at a reasonable price.   Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) March 20, 2019 Via Email & US Mail The Honorable Peter Zak, Chairman and the Members of the Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Hon. Peter Zak: pzak@newportbeachca.gov Hon. Erik Weigand: eweigand@newportbeachca.gov Hon. Lee Lowrey: llowrey@newportbeachca.gov Hon. Curtis Ellmore: cellmore@newportbeachca.gov Hon. Lauren Kleiman: lkleiman@newportbeachca.gov Hon. Peter Koetting: pkoetting@newportbeachca.gov Hon. Kory Kramer: kkramer@newportbeachca.gov Re: Opposition To E Art Gallery Minor Use Permit Dear Chairman Zak and Members of the Newport Beach Planning Commission: This letter is to voice my objection to the request (“Application”) of an applicant identifying itself as “E Art Gallery/Savaanah Gallegos,” (“Applicant”) to obtain a minor use permit to operate a tattoo parlor, AND an art gallery, AND an art studio for art classes in a 417 foot space located at 2721 East Coast Highway, Corona del Mar, California (“Proposed Site”). I have formed no opinion regarding whether a tattoo parlor should be established in Corona del Mar. But a tattoo parlor cannot be established at the Proposed Site and it should not be established by the Applicant. A Minor Use Permit, despite its seemingly innocuous name, requires adherence to the procedural and substantive mandates of the Municipal Code. Applications for minor use permits must not be granted as a matter of course. The Application is so deficient that it would not have been accepted for an over-the-counter permit. The Application should not have been accepted for filing much less recommended for approval. It should not be approved as a minor use permit. Staff’s acceptance of the Application and recommendation that it be approved ignores virtually every requirement for issuing a minor use permit. This letter addresses matters regarding the Proposed Site, the inadequate contents of the Application, the Staff Report and the procedural issues of the City’s processing of the Application. I have not repeated the issues contained in my February 2019 letter to the City Council, and I request that the issues raised in that letter (attached to Staff’s Planning Commission packet) be considered as well. I understand that this letter is written only one day before the Planning Commission meeting, and one or more of you may consider this to be tardy. I also know that the letter is Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) repetitive and not well organized. Please note that I am a member of the public providing my comments and concerns in my free time. The concerns stated herein should have been addressed by Staff, who have had since July 2018 to address the issues with the Applicant. The Application is so flawed, it should not have been accepted for filing. Had the Applicant been required to provide all necessary information, Staff would have readily concluded that the Proposed Site cannot be used as a Tattoo Studio. The inadequacy of the Proposed Site would also be readily discernable by a site visit. For reasons unknown, Staff has chosen to ignore or minimize the issues, has impermissibly overridden the Code in accepting the Application, and recommends the Planning Commission Approve a Minor Use Permit that would violate the Municipal Code, State Law and Federal Law. THE APPLICATION SHOULD NOT HAVE BEEN ACCEPTED The Application is wholly inadequate, incorrect, and incomplete. It fails to contain even the fundamentals of an application for a minor use permit. “The Director shall review each application for completeness and accuracy before it is accepted as being complete.” (CNB Muni. Code, § 20.50.060.) “The determination of completeness shall be based on the City’s applicable list of required application contents and any additional written instructions provided to the applicant in any preapplication conference, and/or during the initial application review period.” (CNB Muni. Code, § 20.50.060.) Because the Application was not included in any of the staff reports, in any material presented at the Planning Commission’s December 2018 meeting, or in any material presented at the City Council’s February 2019 meeting, I have attached it to this letter. (Exh. 1.) The Application Should Not Have Been Accepted For Filing Because The Applicant Has No Authorization To Apply For A Minor Use Permit. “An application may only be filed by the owner of the subject property or authorized agent of the owner with the written consent of the property owner. The application shall be signed by the owner of record or by an authorized agent, if written authorization from the owner of record is filed concurrently with the application.” (CNB Muni. Code, § 20.50.040.) “[T]he words ‘shall,’ ‘must,’ ‘will,’ ‘is to,’ and ‘are to’ are always mandatory.” (CNB Muni. Code, § 20.12.020.) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Jeff Brown is the owner of the building. The Application, submitted by “E Art Gallery/Savaanah Gallegos,” is signed by Savaanah Gallegos and an unidentified “lessee,” but the file does not contain a writing from the property owner authorizing “E Art Gallery,” “Savaanah Gallegos,” or anyone else to act as the owner’s agent. When the Application first came to my attention, I asked Mr. Brown if he were the applicant. He sated that he was not. Chelsea Crager at the City Planning Department confirmed that “E Art Gallery” was the applicant and that it was signed by “Savannah Gallegos.”1 I asked Mr Brown if he had executed any writing authorizing Savanah Gallegos or anyone to act as his agent. Mr. Brown stated that he had not. Mr. Brown stated that per Ms. Gallegos’s request, he wrote a letter attesting to his ownership of the building, and nothing more. This week I went to the City Planning Department and requested to look at the file. The Application contains only one letter, as described by Mr. Brown, which is copied below. (Exh. 1.) The Application affidavit is filled out in what appears to be the same handwriting as the rest of the application (presumably that of Ms. Gallegos), as follows: 1 Ms. Craiger misspelled Ms. Gallegos’s first name, which is apparently spelled “Savaanah” Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Although the affidavit indicates that it is made by “Jeffrey Brown,” it is followed by two signatures, neither of which appears to be the signature of Jeffrey Brown, both of which indicate that they are the signatures of the “lessee,” and not the property owner. To summarize: • An affidavit must be signed by the person named as the affiant in order to be effective; • The purported affiant (Jeffrey Brown) did not sign the affidavit; • Even if the affiant had been identified as “Savaanah Gallegos” or the other “lessee” (whose name is presently unknown), the signatures would not be effective because the owner did not designate anyone as his authorized agent, as required. This Application should not have been accepted for filing. The Application Should Not Have Been Accepted For Filing Because It Does Not Contain The Required Information The Application submitted to the City consists only of the filled-out form and a one paragraph statement by Savaanah Gallegos. The one-paragraph statement is essentially, “I want it, so give it to me.” It is wholly devoid of any of the required information and should not have been accepted for filing, much less recommended for approval. “Each permit application required by this Zoning Code shall be filed with the Department on the appropriate City application form, together with ... all other information and materials specified by the Director for the specific type of application.” (CNB Muni. Code, §§ 20.50.040, 20.52.020.) “[T]he words ‘shall,’ ‘must,’ ‘will,’ ‘is to,’ and ‘are to’ are always mandatory.” (CNB Muni. Code, § 20.12.020.) A “minor use permit provides a process for reviewing uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.” (CNB Muni. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Code, § 20.52.020.) It is impossible for Staff or the Planning Commission to conform to the process for minor use permits where, as here, Staff has not received necessary information regarding the specific site and proposed use. Incorrect, and missing maps and information. An application for a minor use permit must include a written statement describing the proposed project in detail. (Exh. 2 [CNB Conditional & Minor Use Permit Information].) The Permit application should include: Lot Area; Building/Lot Coverage (%); Number of Seats; Lot Width; Building Height; Dwelling Units; Lot Depth; Landscaping (%); Hours of Operation; Setbacks; Paving (%); Use; Gross Floor Area (sq. ft.); Parking; Floor Area Ratio; and the Number of Employees. (Exh. 2 [CNB Conditional & Minor Use Permit Information].) “Use Permits requiring Planning Commission approval shall be submitted with eight (8) standard sets and one (1) reduced set of plans. Twelve (12) additional sets (size to be determined) of final drawings (after staff review) will be required prior to the Planning Commission Meeting.” (Exh. 2 [CNB Conditional & Minor Use Permit Information].) All plans shall adhere to the following • Drawn to scale no less than 1/8’ = 1’ • Standard size plans are to measure 24”x36” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½”x14” when submitted • Reduced size plans are to be measured between 8 ½”x11” to 11”x17” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½“x 11” when submitted (Exh. 2 [CNB Conditional & Minor Use Permit Information].) Plot plans or site plans shall be fully dimensioned and show the following information on the subject property. The plot plan shall show these items abutting the property a minimum of 20 feet from the boundaries of the site: • Vicinity map, north arrow, and scale of the plan • Existing and proposed property lines • Required and proposed front, side, and rear-yard setback lines – measured and dimensioned from property lines • Location, name, dimension, and description of all existing and proposed right-of- way lines, dedications, and easements Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open volume areas • Any structure(s) to be relocated, removed, or demolished • Location, height, and material of existing and proposed walls and fences • Location of all trash enclosures and how they will be accessed • Location, dimension, description, and number of parking spaces/areas • Location, height, size, and materials of existing and proposed signs • Existing and proposed grade elevations and any significant natural features • An information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) The Application contains no drawings, no description of the space or the building layout. The application contains none of the above required information. From the time the Application was filed to the date of the February 2019 City Council Meeting, six versions of the same drawing were submitted to the City by or on behalf of Applicant. (Exh. 3.) None of these drawings contain the required information, every drawing is inaccurate, and the proposed layouts contain misleading scales. I sent a corrected floorplan of the Proposed Site and the bathrooms along with photographs showing tape measurers that indicated the dimensions. Applicant did not submit any elevation drawings, vicinity maps, plot plans, accurate site plans or any drawings containing the above required information. The Staff Report contains two new drawings (which do not contain the requisite information). These two drawings contain misleading and inaccurate dimensions. The stated measurements are not accurate measurement of the interior space. In addition, the measurements do not depict reality. (Exh. 4 [additional photographs with tape measurer].) For instance, the walkway to the bathrooms is not 36”. It is 32” at the bottom baseboards and 33” at the walls. Similarly, the room dimensions are also wrong. (Exh. 4.) In addition the Staff Report indicates that Applicant now claims that the Proposed Site is nearly forty percent (40%) smaller than the Applicant’s original statement of size (new drawings state site is 513 sq. ft.; previous claim was 693 sq. ft.) Again, Staff has taken Applicant’s word for the square footage, despite the fact that calculations using the dimensions stated on Applicant’s own drawings do not support Applicant’s purported site square footage. (Do the math, A rectangle = b • h.) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) It is concerning that Staff would accept as true, drawings containing dimensions and square footages that contradicted my photographs, and that contradict Applicant’s own drawings, especially because the Staff Report indicates that Staff actually visited the site. A quick flick of a measuring tape would have determined that the latest drawings, like all of the previous drawings, are incorrect. None of the drawings shows an accurate room layout. I have used the latest Staff Report drawing to create a viable layout. (Exh. 5.) Even using the overstated dimensions, the maximum occupancy of the “creative pace,” is two persons and a model. How is it possible that Applicant will hold “art classes” with a live model for seven people, wholly within the “creative space,” as Applicant has proposed? In addition to the complete lack of accurate site drawings or site information, the project description is equally devoid of any pertinent or required information. The Application must include a detailed description of the project that must also include “any relevant information which supports the application and the required findings pursuant to Section 20.52.020 F [requirements for minor use permits].” (CNB Conditional & Minor Use Permit Information; CNB Muni. Code, § 20.52.020 [“It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section”].) In addition to providing a detailed description of the project, the Applicant was required to, but did not provide the following: 1. Evidence indicating that the use is consistent with the General Plan and any applicable specific plan; 2. Evidence indicating that the use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. Evidence indicating that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. Evidence indicating that 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; and Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 5. Evidence indicating that the operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Application’s description is one paragraph long, which is copied below in its entirety: E Art Gallery is an art studio, which includes painting and figurative drawing classes, painting canvas, commissioned artwork, and Body Art. Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws. Hours open to the public will be set from 1000-2000, Monday to Sunday, and mostly operated by appointment. Thank you for your time and consideration. This three-sentence paragraph is as if an afterthought. It is not a detailed description of anything. It does not even mention the location! It provides none of the required detail or evidence to support granting the application. No over-the-counter permit would be issued on this information. A minor use permit certainly should not be issued based on this completely devoid application. The Application Should Not Have Been Accepted Because It Was Not Filed Concurrently With All Other Required Applications “Any applicant for a project requiring more than one permit application (e.g., conditional use permit, site development review, tentative map, etc.) shall file all related applications concurrently, with all appropriate application fees required by Section 20.50.050 (Application Fees).” (CNB Muni. Code, § 20.50.030.) Applicant did not file all her applications at once. “Multiple applications for the same project shall be processed concurrently,...” (CNB Muni. Code, § 20.50.030.) The Application was not filed concurrently with all other required applications. It should not have been filed and must not be approved. Staff’s claims that Applicant need not have the Planning Commission approve all of the permit applications and approvals for each of her proposed uses is wrong. In addition to the requirement that multiple applications be filed and processed simultaneously, “Multiple applications for the same project ... shall be reviewed and approved, modified, or denied by the Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) highest review authority designated by this Zoning Code for any of the applications.” (CNB Muni. Code, § 20.50.030.) The minor use permit application processes and procedures “are carried out after those described in Chapter 20.50 (Permit Application Filing and Processing) for each application.” (CNB Muni. Code, § 20.52.010.) These procedural mandates may not be waived by staff or anyone. (CNB Muni. Code, §§ 20.12.020, 20.52.090.) The Applicant did not first comply with the applications required by Chapter 20.50, and thus, the Application must not be approved. In addition, the Proposed Project is a new use at the Proposed Site. As such, it requires a Zoning Clearance and also a building permit, if modification are to be made. (CNB Muni. Code, § 20.52.100.) In addition, if the proposed art classes involve “live models exposing specified anatomical parts,” or if the proposed studio is one where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts,” then additional permitting is required and additional restrictions apply, some of which are incompatible with tattoo parlors. (CNB Muni. Code, Chap. 5.96.) Although the requirements above are mandatory, in an apparent attempt to ignore these requirements, the Staff Report states that with respect to the proposed “studio,” “an approval of use permit is not required.” The Report is wrong. “Permitted Uses [are] [p]ermitted subject to compliance with all applicable provisions of this Zoning Code, issuance of a zoning clearance (Section 20.52.100), and any building permit or other permit required by the Municipal Code. These are shown as “P” uses in the tables. (CNB Muni. Code, § 20.16.030.) Even if no construction is performed, at the least, the Applicant was required to apply for this Zoning Clearance simultaneously with its application for minor use permit. Applicant did not. In addition, although the Staff Report incorrectly states the scope of required construction, the Staff Report acknowledges that construction will be necessary for the site to be permissible for Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) use s a tattoo parlor. As such, the Applicant was required to apply for a building permit simultaneously with its application for minor use permit. With respect to the live models, Staff states that “there is no indication that models will meet the definition of an adult model studio’’ as described by the Municipal Code.” Staff does not fulfill its job by merely sitting that there is “no indication.” Staff must inquire as to the type of live modelling planned. This is especially true here, because every social media site of Ms. Gallegos (who goes by the street name of “”Elekkstasy”) contains artwork, virtually all of which depict nudes, none of which are compatible with Applicant’s proposal to teach art to children as young as ten years old, without their parent’s presence. (Exh. 6.) Regardless, Applicant must obtain either a building permit or a Zoning Clearance. The application for one or the other must have been filed with the Application. (CNB Muni. Code, § 20.52.100.) None was filed. THE PROPOSED LOCATION IS IN A BUILDING THAT DOES NOT AND CANNOT EVER COMPLY WITH THE CODE REQUIREMENTS Corona del Mar is on the verge of blight. Many buildings are run-down and do not comply with the building codes. Many spaces in buildings have been vacant for years. The building located at 2721 is no exception. It is a troubled building with a troubled past. The permit history indicates that no building permits have been pulled for decades despite obvious construction to the front and central courtyard. (See Staff presentation photographs from December 2018 and February 2019 indicating complete replacement of awnings, structural supports, and electrical lighting) None of the toilet facilities or pathways meet ADA requirements. The lower level drop- ceilings are too low. Advertising signs are plastered on nearly every vertical surface (See Exh. 7 from Staff presentation photographs). Multiple doors are nailed shut. Unpermitted shoddy work is visible from the street and within the common areas, At least one of the suites doubles as a residence. Only a few years ago, there was a major arrest of a prostitution ring at Suite 110. (Exh. 8.) All of the windows at two businesses in this building are completely obscured. One of them is “E. Art Gallery.” As described below, the other business’s windows are obscured with huge decals (like bus wraps) containing a larger-than-life photograph of a scantily-clothed woman Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) inviting the reader to walk in and experience their “Korean hand technique!” This is not permissible, but to date, nothing has been done to rectify it. The Purpose of the “Zoning Code [is] to promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods; and to ensure the beneficial development of the City.” (CNB Muni. Code, § 20.10.020.) Accepting and recommending approval of an incomplete and inaccurate application for a minor use permit at an impermissible site does not promote or adhere to the purpose or the mandates of the Zoning Code. The Zoning Code recognizes that restricted uses such as tattoo parlors and day spas have a tendency to have a blighting and/or deteriorating effect upon surrounding areas. (CNB Muni Code, § 20.70.020.) As such, the Zoning Code requires these restricted uses to be dispersed and requires them to obtain a minor use permit. Contrary to the Staff Report, there are presently three restricted use businesses operating in this building alone, none of which have applied for or obtained minor use permits. According to the December 2018 Staff Report, there are already an additional eight restricted use personal services businesses within two blocks of the Proposed site, and again, none of these are operating under a minor use permit, as required. Eleven restricted use personal services within two blocks is too many. The City needs to focus on requiring the owners to fix the buildings and needs to focus on enforcing its Codes. 2721 E. Coast Highway, with its obscured windows, rampant unlawful advertising, doors that are nailed shut, and non-complaint spaces and bathrooms needs to come into compliance and needs to stop housing any more restricted personal use businesses. Permitting one more restricted use personal services business at 2721 East Coast Highway, a run-down non-complaint building will contribute to the blighting of CdM. THE STAFF REPORT “Whenever this Zoning Code requires a set of findings to be made before granting approval of an application by the applicable review authority, it shall be the responsibility of the Department to present all relevant facts to support the findings.” (CNB Muni Code, § 20.50.070.) The Staff Report reminds the Planning Commission that it must make findings to support its decisions, but fails in its duties to provide the Planning Commission with those necessary facts. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Instead, the Staff Report is devoted almost entirely to “rebutting” the comments in my February letter. This is not only improper, it is unhelpful and inadequate. Unless the Planning Commission is provided facts to support each element required for issuing a minor use permit, the Application must be denied. (CNB Muni Code, § 20.52.090 [“review authority may approve or conditionally approve a variance only after first making all of the [identified] findings”].) Because there are no facts to support any of the six identified required findings, the Application must be denied. The Staff Report Does Contains Conclusions Without The Required Information Because the Staff Report states that the Application should be approved, it was required to but did not contain facts to support the finding. (CNB Muni. Code, § 20.50.070.) No facts to support a finding that the use is consistent with the General Plan and any applicable specific plan. The Staff Report does not mention the General Plan at all. No facts to support and/or incorrect facts regarding a finding that the use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code. The Staff Report concludes without any facts that the Proposed Site contains an “existing art gallery/studio,” that purportedly “is a permitted use and approval of use permit is not required.” This conflicts with the CNB license database that indicates no business is licensed to operate at this location and conflicts with the Zoning Code Requirements. (See comments above.) No Facts To Support And/Or Incorrect Facts Regarding A Finding That The Use Is A Legal Nonconforming Use. The only mention of the Zoning Code compliance in the Staff Report regards parking. The Staff Report mentions no other aspect of compliance with the Zoning Code. With Respect to the Zoning Code parking requirements, the Staff Report claims that because Staff could not find any of the original plans for the building, building’s lack of parking must be a legal nonconforming use. This is wrong. The default law is that parking must meet the minimum requirements. In certain circumstances where “legally established uses and structures become nonconforming due to reclassification, ordinance changes, or annexations,” persons may apply for continued or changed uses so long as certain criteria are met. “When a use or structure does not conform with the applicable use regulations or property development standards for the zoning district in which it is located, it shall be the responsibility of the owner to provide Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City.” (CNB Muni. Code, § 20.38.030.) The prospective building has no off-street parking. If a person wishes to take advantage of the legal nonconforming use parking provisions, the burden is on the person to prove the present use is within the definition of legal nonconforming uses. If the person cannot so prove, then the use is not legal nonconforming and any Application that requires compliance with the Zoning Code must be denied. Because the Applicant did not prove that the structure and use were not lawfully established and erected, then the use is illegal. Moreover, the permit history shows that the building had parking and loading at one time, which was built over without permits. The use is illegal and no variance to the parking requirements is permitted. Because the present lack of parking at the Proposed Site is illegal, the following applies without exception, “Each use, including a change or expansion of a use ... shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.” (CNB Muni. Code, § 20.40.020.) The Staff Report claims that I miscalculated the required number of parking spaces. The Report claims that When a business engages in several activities from the same space, the most restrictive parking rate is applied to the entire suite. Each of the uses the applicant plans to operate requires parking at a rate of one parking space for every 250 square feet of gross floor area. suggestion would apply the 1:250 parking requirement to each of the three activities in the space thereby tripling the required parking for the use. From there, the Staff Report concludes, with no analysis or facts, that: (1) the building’s lack of parking is legal non-conforming; (2) the three proposed business operations will not increase the intensity of traffic and parking; and (3) the proposed use meets the nonconforming use restrictions. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) The Staff Report is wrong, wrong and wrong. The Code is clear, “If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use.” (CNB Muni. Code, § 20.40.030.) Because Applicant stated that she intends to operate an art studio, and an art school and a tattoo parlor, the parking requirements for the space is equal to the sum of the parking requirements for each use. (CNB Muni. Code, § 20.40.030.) Because the building is illegal regarding parking, and because the building currently has no parking, then if Applicant wishes to have any one or more uses permitted, she must first construct the proper number of off-street parking spaces for her intended uses. The Staff Report improperly treats mandated matter as discretionary. Compliance with this provision is mandatory and Staff has no discretion to waive its requirements. The Staff Report’s admission that Staff has “never,” required compliance with this law does not give Staff permission to ignore it now. In addition to the comments above, “If conflicts occur between requirements of this Zoning Code, or between this Zoning Code and other provisions of the Newport Beach Municipal Code, or other adopted regulations of the City, the more restrictive provision shall prevail.” (CNB Muni. Code, § 20.12.020.) Staff may not create its own rules as to the mandates of the Municipal Code, nor may Staff pick and choose with which provisions it must comply and which it may ignore. No facts to support a finding that the use is allowed within the applicable zoning district or that the use complies with all other applicable provisions of the Municipal Code. The Staff Report concludes without any facts that the Proposed Site will accommodate an art studio and a two tattoo stations. The Staff Report is wrong. “Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City; regulations of a special district or agency; or regulations of a State or Federal agency.” (CNB Muni. Code, §20.10.040.) Where the provisions of the “Zoning Code requires compliance with other applicable provisions, [as with minor use permits, such provisions] shall be in addition to the requirements of this Zoning Code. Other applicable provisions may include, but are not limited to, ... adopted criteria/guidelines, City policies, and/or State and Federal regulations.” (CNB Muni. Code, §20.10.040.) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) The Staff Report wholly ignores the requirement that it must provide facts to support a conclusion that the use complies with the other provisions of the Municipal Code, including, the Building Code and the Fire Code. There is no fact to indicate any analysis of the Fire Code requirements, occupancy restrictions or ADA access. There is no fact to support any finding that the Proposed Site complies with the Building Code, and it does not. Although I have not analyzed all building code violations, the Staff should have done so. In my previous letter, I described the Building Code violations regarding the site ceiling height, the bathroom walkways, door opening, size, materials and fixtures. The Staff Report does not even mention these violations. Instead, the Staff Report appears to claim that the Applicant may rely on a non-existent prior use variance. This is incorrect. While there may be some instances where a variance of a Zoning Code may be granted, any such variance must be granted upon application. Moreover, no Building Code variance is permitted. It is Staff’s responsibility to make and provide findings regarding compliance with the Zoning Code AND the Fire Code AND the Building Code AND all other provisions of the Municipal Code. Staff did not. The Staff Report acknowledges that the “new” drawings indicate that the Proposed Site is nearly forty percent (40%) smaller than the Applicant’s original statement of size but concludes without facts or analysis that this large discrepancy is not a “substantial change” to the scope of the project and states that there is no reason to believe that the Applicant purposefully tried to deceive Staff. Applicant’s purported innocent intentions do not negate the requirements of the Code or excuse Staff from performing the required analysis. The Staff Report then states that “Staff does not believe this issue has any significant bearing on the application or the hearing” and states that the “full and complete analysis of the proposed use” contained in the old December 2018 Staff Report applies to this much smaller space. It is not possible that the December 2018 analysis of the code requirements for and occupancy restrictions of a nearly 700 square foot space would be the same as analysis of a stated 500 square foot space that is actually more like 420 square feet. This reduces the size of the “art classroom” to that of an area rug. (Exh. 5.) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) No Facts Or Law Supports Staff’s Claim That Building Code Requirements May Be Ignored The Staff Report claims that the Municipal Code definition of “Nonconforming structure” contained in section 20.70.020 permits Staff to relax or remove Building Code requirements. The Staff Report is wrong. “Nonconforming structure” means a structure that was lawfully erected, but that does not conform to the property development regulations for the zoning district in which the structure is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. By its plain language, the definition of “Nonconforming Structure” regards compliance with the Zoning Code, not the Building Code. Under Chapter 20.16, “DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS,” “Uses and/or structures shall comply with all applicable development standards of this part, the provisions of Part 3 (Site Planning and General Development Standards) and Part 4 of this title (Standards for Specific Land Uses), and other adopted criteria, guidelines, and policies adopted by the City related to the use and development of land.” (CNB Muni. Code, § 20.16.020.) “Nonconforming Uses and Structures. Uses and structures that are determined to be nonconforming as to the requirements of this Zoning Code shall be subject to the requirements and limitations of Chapter 20.38 (Nonconforming Uses and Structures).” (CNB Muni. Code, § 20.16.020.) Staff has proffered no provision in the Building Code that permits Staff, the Planning Commission or the City Council to waive non-compliance of the Provision of the Building Code based on legal non-conforming status. Staff may not rely on a Zoning Code provision to create a non-existent rule permitting non-compliance with the Building Code. The Staff Report also states that the application should not be denied on this basis because City Staff has issued lots of permits in violation of the Building Code requirement. Again, the applicable Municipal Code sections are mandatory. City Staff’s past violations of its the Municipal Code mandates does not permit or justify further violations. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Where, as here, the building does not comply with the Building Code requirements (some of which are discussed in my February letter), a minor use permit may not issue. No facts to support a finding that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity The only mention of this criteria is the statement in the staff Report that “Staff therefore expects the proposed tattoo studio and art gallery to operate in an effective and non-detrimental manner that would be compatible with the surrounding commercial tenants and commercial uses in the area.” The Staff’s attempt to replace its responsibility to proffer evidence that the proposed space is complaint with some nebulous comment that the business owner should play nice with the neighbors is nonsensical and provides no facts to show that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Worse, the Staff Report states, “The Planning Commission should include specific factual information to support the action in any newly adopted resolution.” Staff’s attempt to pass the buck to the Planning Commission is not only improper, it is not sufficient to prove this element has been met. No facts to support a finding that 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. The Staff Report does not mention this requirement at all. No facts to support a finding that operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Staff Report does not mention this requirement at all. Staff’s Passing Discussion Of The Purpose Of The Minor Use Permit Contains Facts That Conflict With Prior Staff Reports And Staff Conclusions Contradict Facts The Staff Report recites the Code Language that acknowledges that “personal use services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) need to be dispersed from other similar uses to minimize adverse impacts, includ[e],” day spas, Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under “massage establishments,” Tanning Salons and Tattoo Services and body piercing studios. In its December 2018 Staff Report, Staff acknowledged that La Vita Salon/Spa (located in Suite 110) is indeed a “personal service, restricted,” establishment that was required to, but did not, hold a minor use permit. The December 2018 Staff Report was distributed before a new business went into suite 204 of the Proposed Building. This new business has no specific name, but it does have all of its windows (unlawfully) obscured with decals of a woman scantily clothed in a flowing pink tube-top type massage gown. (Exh. 9.) The text above and below the larger- than-life woman appearing on the two huge (unpermitted and unlawful) decals that cover the entire 7 foot by 7 foot and 9 foot x 7 foot floor-to-ceiling windows exclaims, “Rejuvenate, Lift & Detox your skin with our Korean Hand Technique!” Despite this, the latest Staff Report now claims that La Vita Salon and Spa - - isn’t a spa. It also claims that the unnamed business with obscured windows and a nailed-shut door offering to “Rejuvenate, Lift & Detox your skin with our Korean Hand Technique!”(See Exh. 9) is also not a day spa. If that’s not a day spa, it’s time to call the cops again. The Staff Report’s Claim That Site Is And Will Comply With The Safe Body Art Act Is Wrong The Staff Report claims that “Staff has reviewed the California Safe Body Art Act and spoken with a representative of the Orange County Health Department. Based on this research and discussion, staff believes that the tenant space will be able to comply with regulations with only minor modifications (paint/floors).” Staff’s “belief,” which is stated without any factual evidence, is of no assistance, especially in light of the fact that its belief contradicts facts. As detailed in my February letter, the California Safe Body Art Act mandates that all facilities comply with the Building Code. In addition, the local enforcement agency (Here County of Orange Health Care Agency Public Health Services [“OCHCA”]) may implement standards that are more restrictive than the Safe Body Art Act. (Cal Health & Saf Code § 119324.) Here, OCHCA has implemented such regulations which mandate that all body art facilities’ “Floors, walls, and ceilings in procedure areas, restrooms and decontamination and sterilization areas shall be smooth, free of open holes, and washable.” (Exh. 10 [OCHCA, Environmental Health, Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Construction Guidelines for Body Art Facilities, GENERAL CONSTRUCTION REQUIREMENTS], p.5.) The Local Agency also mandates that all new establishments must meet the new construction Building Codes. (Exh. 10 [OCHCA, Environmental Health, Construction Guidelines for Body Art Facilities], p.2.) Regardless of what Staff says someone told them during one conversation, the requirements of the Safe Body Art Act and OCHCA mandate that, among other things, that the ceilings must be raised by at least 8 inches, and the walls and ceilings must be replaced with material that is non-absorbent, smooth and washable. The Body Art Facility is the “section of a building ... in which a practitioner performs or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area.” The body art facility must have its own “adequate toilet facilities, in accordance with the specifications of the State Building Standards Code, local building standard codes, and any other local ordinance.” (Cal Health & Saf. Code, § 119301.) The Proposed Site does not have its own toilet facility. Nor are the public facilities in accordance with the Building Code. A body art facility and must have “a water heater which is capable of constantly supplying hot water at a temperature of at least 120°F to all sinks and other cleanup facilities.” (Exh. 10 [OCHCA, Environmental Health, Construction Guidelines for Body Art Facilities], p.5.) The Proposed Site does not. It is disingenuous for the Staff Report to state that Staff “believes” that the Proposed site will comply with the requirements of a Body Art Facility with only a coat of paint and a new floor when it has no rational basis for this belief. The Staff Report Dismisses Important Concerns And Grants Variances Without An Application For Variance And Without Making Any of The Findings Necessary for Granting A Variance. Variances to the Zoning Code requirements may only be approved on an application duly filed in conformance with Muni. Code chapter 20.50. (Muni. Code, § 20.52.090.) No variance may be granted unless certain specific findings are made. (Muni. Code, § 20.52.090.) Applicant filed no application for any Zoning Code variance. Nor does the Staff Report make any of the required findings for any Zoning Code variance. (Muni. Code, § 20.52.090 [e.g. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) unique circumstances, necessity of variance, will not be inconsistent with limitations on nearby properties, etc.].) The Staff Report Does Not Address The Deficiencies In The Application The Staff report states that “a full and complete analysis of the proposed use is provided in the attached December 6, 2018 Planning Commission staff report.” It is not. From there the Staff Report states several times that Staff “believe[s] that sufficient facts exist in support of each finding required by NBMC Section 20.52.020.F.” Staff’s belief is of no consequence. Staff has confused the requirement of proffering evidence sufficient to make findings with the requirement that findings must be made. In so doing, Staff’s attempts to pass the responsibility of proffering evidence sufficient to make findings onto the Commission when the responsibility of proffering the evidence lies with the Applicant and the analysis and presentation of the evidence lies with City Staff. Because no evidence is sufficient to grant the permit, the Commission is capable of making only one finding: that there is insufficient evidence to grant the application. The Staff’s Proposed Restrictions Aren’t Staff’s proposed “Restrictions” amount to little more than demands that the Applicant abide by the law. These are hardly “restrictions,” and are merely reminders of rules by which all persons must abide. Including In The Staff Report, “Rebuttals” To Comments Of A Member Of The Public Is Inappropriate. Throughout the latest Staff Report, I, a member of the public am repeatedly identified by name. This is not proper. When a member of the public raises concerns regarding an application, Staff should evaluate those concerns and address them in the Staff Report, as appropriate. Singling out a member of the public by name serves no legitimate purpose and will likely have the improper consequence of intimidating other members of the public, who will refrain from providing substantive comments under fear of reprisal. This is especially true in this instance, as no other person who provided comments was identified by name in the Staff Report. In addition, applications for minor use permits are not contests among private parties or adversarial proceedings of a member of the public versus the applicant and City. City Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Staff should evaluate the permit application in light of the requirement. Staff should not be advocates. The Statements in the Staff Report indicate that Staff lost sight of its duties and function. Staff must consider the comments of the public but it should not be “rebutting” them in a Staff Report. Staff should be neutral in evaluating an application and should not treat members of the public with disdain or contempt. The Staff Report indicates that Staff was not neutral. Not only does the Staff Report unnecessarily identify me by name nine times, it uses improperly, the term “alleges,” when discussing the issues that I raised in my February letter and dismisses the requirements of the Municipal Code as “Ms. Luthin’s suggestion.” The Staff Report Indicates That Staff Failed In Its Duties To The Commission And To The Public. The City owes a duty to all of its residents and the public at large to regulate businesses and enforce its laws, regardless of whether a member of the public has so requested. In fulfilling this duty, staff must evaluate an application to determine its completeness and accuracy (CNB Muni Code, § 20.50.060), and to determine whether the application complies with and is consistent with the provisions of the Zoning Code, the General Plan, and other applicable provisions identified in Municipal Code Section 20.10.040 (CNB Muni Code, § 20.50.060). Staff did not. The Staff Report indicates that, instead of determining accuracy of the facts in the Application, Staff merely took the Applicant’s word, despite the Applicant’s past failures to provide accurate information. For example, The Applicant submitted seven different floorplans for the Proposed Space, none of which are accurate. The Staff Report indicates that after I submitted an accurate floorplan and photographs of the Proposed Site, some of which included measuring tapes indicating the dimensions, Staff visited the site. Despite having visited the site, the Staff Report indicates that instead of measuring the Proposed Space for itself, Staff relied on the Applicant to submit a revised floorplan. The Staff Report indicates that Staff accepted the dimensions in Applicant’s latest floor plan, despite the fact that I had submitted photographs with measuring tapes indicating the correct dimensions. In my February letter, I state that the Proposed Space does not comply with the Building Code. Staff ignored my comments other than to say, that compliance with the Building Code is not required. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) THE APPLICANT HAS SHOWN REPEATEDLY THAT HE/SHE/IT IS UNABLE OR UNWILLING TO ABIDE BY EVEN THE MOST BASIC OF REQUIREMENTS Ms. Gallegos and/or E. Art Gallery has thwarted and continues to thwart even the most basic of rules. In addition she has been untruthful regarding the majority of her Application and her comments at the City Council Meeting. For instance, in addition to submitting an Application that appeared to contain authorization of the property owner, when she did not obtain his approval, submitting an application that appeared to contain an affidavit of the property owner when it did not, Ms. Gallegos inferred in her application that she registered as a body art practitioner in Orange County. (Application, [“Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws”].) At the City Council meeting a few weeks after I brought up the fact that she was not registered in Orange County and that “E Art Gallery” was not licensed in Newport Beach or in Orange County, Ms. Gallegos stated that now she was registered as a body art practitioner in Orange County. I recently contacted the Orange County Health Department who confirmed she was not registered as a body art practitioner in Orange County. The Staff Report indicates that there is an “existing art gallery/studio,” located at the Proposed Site. No business is licensed by CNB to conduct business at the Proposed Site. There is no doubt that Ms. Gallegos has been conducting business without a legitimate business name and without a business license. (Exh. 11.) I brought this to the City’s attention last month. The Staff Report addresses this issue with nonchalance. The Staff report minimizes the fact that the Applicant has been operating its business without a business license. It brushes off the Applicant’s inability to follow the rules with, “The applicant is required to obtain and maintain a business license with the City and has been made aware of this requirement.” What’s worse is that, as of today, neither Ms. Gallegos nor E. Art Gallery have a license to do business in Newport Beach. At the City Council Meeting, Ms. Gallegos claimed that most of the businesses in Corona del Mar close at 8:00 or later. Ms. Gallegos statements are incorrect. Virtually every business in CdM closes by 6:00 p.m. except for some (but not all) restaurants and the grocery, hardware and drug stores. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Because Ms. Gallegos has shown repeatedly that she is unable or unwilling to comply with the basic requirements of operating any business if she is unwilling to be truthful regarding the simplest of matters, she is not fit to operate a tattoo parlor. The bottom line is that neither the Application nor the Staff Report proffers any evidence to permit the Planning Commission to grant the application for a minor use permit. Please contact me if you need anything else. Thank you. Yours truly, _____/s__________ Melinda M. Luthin, Esq. encl. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 1 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 Community Development Department Planning Permit Application ~ c:,/~.-r/77 ~aiO~rlel. 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment 1. Check Permits Requested: 0 Approval-in-Concept -AIC # 0 Lot Merger 0 Staff Approval □Tract Map 0 Coastal Development Permit O Limited Term Permit - D Waiver for De Mlnimis Development D Seasonal D < 90 day 0>90 days □ Traffic Study 0 Coastal Residential Development O Modification Permit i;y· Use Permit -~inor □Conditional 0 Condominium Conversion O Off-Site Parking Agreement 0 Amendment to existing Use Permit 0 Variance 0 Comprehensive Sign Program O Planned Community Development Plan 0 Development Agreement O Planned Development Permit 0 Amendment -□Code □PC □GP □LCP 0 Other: 0 Development Plan O Site Development Review -D Major D Minor 0 Lot Line Adjustment O Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I 2 J 2..-, J?. Coast-t±Wj & u ffe-) D'f en'< oon X£ ( Mar r CA 3. Project Description and Justification (Attach additional sheets if necessary): I see. Qt\ CJ \CV\£ d 4. Applicant/Compa~n~y~N~a~m~e=-==~==:::::::::::::::\-==~==:.:::::::===-=t=.==±=.==~::::::::-:"""'~""---'-__,,~c:::=:::=t::o=t.S===. Mailing Address 21 2 I CO-A.S\ \-\\N Vi-le I 0 City IC \'.){QD,0, IL\ fl\ (1, I State I ( A-I Zip I q Uo 2 S Phone{102-) Y'-f 5· 518~ I Fax~I ---~' Emaule\f\<.K?)IOSjO.Y-t@5mai\· C~fvt 5. Contact/Company Name I s l!\'l/1~ CLS (LlJQ:y:e.. I Mailing Address Suite/Unit I I City State I I Zip I I Phone I Fax1 I Email 6. Owner Name I ~ ~ f_~f 6.,\ ~ . 'bf-th.A) V\ I Mailing Address Ill O 1 W 1 N} O\f t( t)r, Ye Suite/Unit I I --07. city I Corol\.v\_ Le\ &lttr Phone I q Lf q ' Co123· \ ~3 \ I I State I G\ H:r>fY\ 1a I Zip I 9 2Le1 s-I Fax ~I ---~' Email I Je,-ff@bfDwneq vi±j ptfJ'l\(.,\:S, COt\ll Property Owner's Affidavit*: (I )(We) I ,JC. ~ B ct) w n I depose and say that (I am) (we are) the owner(s)~ property (ies} involved in this application. {I} (We} further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information he~ewith sub ·ttect are in all respects true and correct to the best of (my) (our) knowledge and belief. Title:: ?J"!'J.//ewe :□ate: 6~ ~1 2 1-g ,,..,,~~~::::::::::::::::::::~"'~=----Title: ti,~.:, i "J_ts ~-e, Date: )d O WI /3 y th ssee or by an authorized agent if written authorization from the owner of record is filed concurrently with the te, the owner(sr signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. F:\Users\CDD\Shared\Admln\Pfannlng_Dlvision\Appllcations\Appllcation_ Guldellnes\Plannlng Permit Appllcation -CDP added.docx Rev: 01/24117 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 FOR OFFICE USE ONLY\ O Date Filed: 'J•SO-J 1 APN No: Lj SC, -\ 1 \ -) 'i Council District No.: __ _.(.__p ___ _ General Plan Designation: C...L- Zoning District: ( ,C _ Coastal Zone:~es D No ~M Residents Association and Chamber Community Association(s):C..Q(f\ y,fJ!vp,.,,. (.a!l ,. ~ t Related Permits: ------------ Receipt No: ___ ... _:s;: ____ .,-____ _ Check#:____ '" Visa D MC D Amex 0# ----- DevelopmentNo: i)"c,,..o\ )S -03 Project No tf ~tZ-u tl-1 '7'7 Activity No: Z-o -0 l Y APPLICATION □ Approved □ Denied □ Tabled: Remarks: □Planning Commission Meeting □Zoning Administrator Hearing □Community Development Director ACTION DATE APPLICATION WITHDRAWN: Withdrawal Received (Date): __________ _ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: __________ _ Remarks: F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Office Use Only.docx Updated 08/15/17 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 JEFFR OWN 2707 Windover Drive ■ Corona Del Mar, California 92625 ■ 949/633.1331 July 12, 2018 Planning Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 To Whom It Concerns, This is in regards to the permit requested by 'E Art Gallery'. I am the owner of the property located at 2721 East Coast Highway, Corona del Mar, CA 92625. Sin rely, '·. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 July 30, 2018 Community Development Department Planning Division 100 Civic Center Drive E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-57818 Newport Beach, CA 92660/ P.O. Box 1768/ NewPort Beach, CA ~➔2658-8915 To Whom ·1t Concerns, E Art Gallery is an art studio, which includes painting and figurative drawing classes, painting canvas, commissioned artwork, and Body Art. Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws. Hours open to the public will be set from 1000-2000, Monday to Sunday, and mostly operated by appointment. Thank you for your time and consideration. Best Regards, ~~~ Savaanah Gallegos Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 21 t-• -~ P-.fl. Ga.\\et'l '£ PARED FOIi ORANGE ' DEPT. PURPOSES ON/. r. KES NO GUARANTEE AS TO 1/1 ASSIJJES ANY LIABILITY NOT TO BE R£PRODIJCEO. 'RVEO. NG£ COUNTY ASSESSOR 201 7 ' GOI.D£lfiOO i i \ ll HEL /OTROPE ~ 181 ]! • J: -~ (J4 TH AV£.) ta "·"· J-42 "·"· 14-40, 41 P.M. 259-15, 261-41, 275-16, 112-42, 111-27 P.M. 136-19, 148-41, 160-46, 169-18, 378-22 P,M, JB0-4J, JB1-J, JBl-4J, JBB-15 ) '1/} NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES l CORONA DEL MAR TRACT NO, 123 PARCEL IIAP PARCEL IIAP PARCEL IIAP ----------------------~--------------liil ] •-. I .l J i AVENUE "" I 1~··· ~.::,-;v ;;~ ! •~I iJ'',, ') ... ..... ..,,., I ,1111,a • .'I •i'-• ,, ... ., ........ ' it it . . ., . . I I ' I~ ., ® 0 ee 0 00 ® e 0• ¥: '~ ii! f!~ "' • :.: iii:"' Iii . 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F· !"· I-1=-r.i · I DONNA'tRAl)JPS~f APS DATE: t -;,/./;) -L 684 S GENTRY LAN ANAHEIM CA 92807 t ii I : !ii 1! i' • I Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 2 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov General Information A Conditional or Minor Use Permit is required for uses typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. Examples are restaurants, animal hospitals, carwash and car rental facilities, gas stations, nightclubs, and accessory dwelling units. The use tables in Part 2 of the Zoning Code specify whether a use is allowed, prohibited, or requires approval of a use permit. Justifications and Findings Chapter 20.52 of the Zoning Code authorizes the Planning Commission or the Hearing Officer to approve, conditionally approve, or disapprove applications for a Conditional Use Permit; and the Zoning Administrator to approve, conditionally approve, or disapprove applications for a Minor Use Permit. To approve or conditionally approve a use permit, the hearing body must make the following findings provided by Section 20.52.020 F. 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g., fire and medical) access and public services and utilities; and 5. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Please note the following: For Conditional Use Permits in Residential Zoning Districts, the findings pursuant to Section 20.52.030.H. must also be made. There is a separate information sheet and application for Residential Care Facilities requiring a Conditional Use Permit. Please speak with a member from the planning department or refer to the application online for more information. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information F:\Users\CDD\Shared\Admin\Planning_Division\Applications\UP\Info.docx Updated 3/11/13 Application Requirements 1. A completed Planning Permit Application for a Minor Use Permit or Conditional Use Permit (attached). 2. One (1) copy of a Preliminary Title Report not more than six (6) months old from the date the application will be submitted that identifies the legal description of property. 3. Project Description and Justification A written statement describing the proposed project in detail. This document will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application and the required findings pursuant to Section 20.52.020 F, which are noted on the previous page. The pertinent information should include the following information related to the existing and proposed use of the project site: Lot Area Building/Lot Coverage (%) Number of Seats Lot Width Building Height (ft) Dwelling Units Lot Depth Landscaping (%) Hours of Operation Setbacks Paving (%) Use Gross Floor Area (sq. ft.) Parking ___________________ Floor Area Ratio Number of Employees ___________________ 4. Public Noticing Requirements. Please refer to the Planning Division’s handout on Public Noticing Requirements for more information on the application materials required for a public hearing. 5. Plans Minor Use Permit Use Permits requiring Zoning Administrator approval shall be submitted with three (3) standard sets and four (4) reduced sets of plans. Conditional Use Permit Use Permits requiring Planning Commission approval shall be submitted with eight (8) standard sets and one (1) reduced set of plans. Twelve (12) additional sets (size to be determined) of final drawings (after staff review) will be required prior to the Planning Commission Meeting. All plans shall adhere to the following: Drawn to scale no less than 1/8’ = 1’ Standard size plans are to measure 24”x36” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½”x14” when submitted Reduced size plans are to be measured between 8 ½”x11” to 11”x17” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½“x 11” when submitted Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information F:\Users\CDD\Shared\Admin\Planning_Division\Applications\UP\Info.docx Updated 3/11/13 The Planning Department may require additional material(s) or plan(s) and may modify or waive individual items if deemed appropriate to support the review of the application. Please consult with a planner to determine which items are applicable. The types of plans required may include the following: Plot Plan/Site Plan Plot plans or site plans shall be fully dimensioned and show the following information on the subject property. The plot plan shall show these items abutting the property a minimum of 20 feet from the boundaries of the site: Vicinity map, north arrow, and scale of the plan Existing and proposed property lines Required and proposed front, side, and rear-yard setback lines – measured and dimensioned from property lines Location, name, dimension, and description of all existing and proposed right-of-way lines, dedications, and easements Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open volume areas Any structure(s) to be relocated, removed, or demolished Location, height, and material of existing and proposed walls and fences Location of all trash enclosures and how they will be accessed Location, dimension, description, and number of parking spaces/areas Location, height, size, and materials of existing and proposed signs Existing and proposed grade elevations and any significant natural features An information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) Floor Plans Floor plans shall be fully dimensioned and show the following information: Overall building and individual room dimensions, including square footage calculations All proposed interior walls and partitions Room identification Window and door locations For eating and drinking establishments, provide a furniture layout, including the proposed number of tables and chairs, and the net public area calculated and outlined or shaded. Elevations Elevations shall be fully dimensioned and show the following information: Exterior wall openings, materials, and finishes Roof pitches All roof mounted equipment and screening Heights above grade of all floors, eaves, and ridges Landscape and Irrigation Plans Landscape and irrigation plans shall be fully dimensioned and prepared by a California licensed landscape architect, licensed landscape contractor, certified nurserymen, project architect, or other qualified professional as determined by the Planning Department. The plans shall include the following information: Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information F:\Users\CDD\Shared\Admin\Planning_Division\Applications\UP\Info.docx Updated 3/11/13 Location of the planning area(s); Number and types of plants to be used, specifying the common names, botanical names, size at installation, and spacing; Sprinkler layouts, moisture sensing devices, and controller types. Please refer to Chapter 20.36 (Landscape Standards) for additional information Optional Materials Materials board (specifications and samples of type, color and texture of proposed construction materials) Color photographs of the subject and adjacent properties Food and/or beverage menus Link to website Dock and/or Bulkhead Projects All dock and/or bulkhead projects shall be fully dimensioned and show the following information on the subject property: Bulkhead, pierhead and project lines Property lines extending into the bay Existing slip and/or bulkhead layout Proposed slip and/or bulkhead layout Table describing number of existing and proposed slips/side-ties and corresponding size of vessel associated with each slip /side-tie Location of piles Table describing number and size (diameter) or existing and proposed piles Location of ADA compliant gangway if applicable 6. Filing Fee A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The Planning Department will advise you of said fee. 7. Electronic Copy All of the above submittal items are required to be submitted in an electronic format (i.e., USB flash drive or CD-ROM) as determined by the Planning Department prior to application submittal. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 3 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) . S' 6. (/)S" m 4' 1.82" / · ~ l ~ TOitOD I kRBA 2' 615@_.._.." ~ 0 i:mr II' 6.66" II II II II II II ~-EA :i II I :1,a--- 11 8' 6.7311 I (/) .36" . 13 I (/). 43" ~----..... llliiii-_. _l l tG\ttM Strr\1\JI/\ #1 } fn_-\-til () .s, \il 1r-1 ()'(\ * 7- E ~~\ 6 f\\ \ery ·212, ~, C OA~T t-tWY S \/\ -\-t \ CY·-i CD'f'D'00\ De.\ N\G\(' 1 CA C\ '}_{_p 2-5 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) w , 1 893 R. So- m 1 1 693 R. SQ. FT. ' 796 R. SQ. FT. 15 13 R. SQ. FT.1 1 674 R. K FT. 1620 R GDLAsockrres irr R. SQ. FT. FLOOR SJMMARY 4,668 USABLE SQ. FT. 5,381 RENTABLE SQ. FT. 1.1462 BUILDING FACTOR 1.1291 SINLONNG FACTOR (SUffES 105/106 ONLY) 2721 EAST PACIFIC COAST HIGHWAY CORONA DEL MAR, CA LOWER LEVEL 12-143 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) ROOY ART AREA 4 ] I TRAY SINK III ENTRANCE CREATIVE SPACE 0 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 4 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 5 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 9'-9"Ø 3'-0"Ø 5'-0" 110 s.f. Occ Load = 20 s.f./person Max Occupants: 4 Accessible circulation space Workable Creative Space11'-6" Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 6 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • 94 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 7 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 482Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 8 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Make a Free Website with Yola. HomeHome Secret Garden Spa / Secret Garden Spa / Lotus SpaLotus Spa Call: 949-529-1554 or Call: 949-529-1554 or 949-313-4088949-313-4088 Lotus Spa (San Pedro) & Secret Garden Spa (O.C.) are your escapes from stress! Had a hard day? Poor baby! Don't worry, we know how to make you feel better! •Come and relax with one of our beautiful and professional masseuses. •Several massage styles available, tailored to suit your needs. •Convenient and affordable, open 7 days a week. Now two locations to serve you! 639 W. 9th Street #2 San Pedro, CA 90731 949-313-4088 2721 E. Coast Hwy Suite 110, Corona Del Mar, CA 92625 949-529-1554 GRAND OPENINGS!Really, under new management. All new girls! Come and see for yourself! TweetTweet Like 639 W. 9th St. #2, San Pedro, CA 90731 * 2721 E. Coast Hwy Suite 110, Corona Del Mar, CA 92625 http://lotusspa.yolasite.com/Go JUL FEB SEP 28 2013 2014 2015 19 captures 👤⍰❎f 🐦 4 May 2013 - 17 Nov 2018 ▾About this capture Page 1 of 1Lotus Spa 3/16/2019https://web.archive.org/web/20140228063504/http://lotusspa.yolasite.com/ Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) four hands, and that the staff is "all Asian." "Had a hard day?" another ad states. "Poor baby! Don't worry, we know how to make you feel better!" An email seeking comment from a company official was not immediately answered. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) * Massage parlor closes following arrest The Secret Garden massage business, where a woman was arrested on suspicion of prostitution on July 30, has closed. "They've actually vacated the office," said Matt Cosylion, a Newport Beach code enforcement supervisor. "They're gone now." The business at 2721 East Coast Highway, with an entrance on Fernleaf Avenue, received a notice after an inspection on Aug. 6 revealed an alleged violation of the city's municipal code. ADVERTISEMENT Page 5 of 11Corona del Mar Today: CdMHS club provides six vests for area police dogs - Los Angele... 3/16/2019https://www.latimes.com/tn-dpt-me-0817-cdmtoday-20140816-story.html Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) A notice was attached to the business on Wednesday, stating that it needed a minor use permit and could be fined $100, $200 or $500 a day unless the business stopped offering massage services. A neighbor had complained to police about the business, which she said drew crowds of men, day and night. Police conducted a sting operation and arrested a 30-year-old Westminster woman on suspicion of prostitution. The woman was charged Wednesday with a single misdemeanor count of prostitution, and her arraignment is scheduled for Sept. 11. Cosylion said that massage businesses in Newport Beach must obtain minor use permits, which the Secret Garden business did not have. Business representatives told city staff that they were not going to try to obtain the permit from the city's zoning administrator and instead would close. A company spokesman said in an email that they may reopen in another location in Newport Beach or in another city. "I believe people need professional work," said Weihua Zhang, adding that the company employs 20 masseuses and aestheticians. "They are nice and work hard," Zhang said. "We can't blame the worker who caused problem for us, but we will be strict with all the workers." * Meetings for CdM entryway Two meetings have been scheduled this month to discuss a Corona del Mar entryway plan, City Councilwoman Nancy Gardner announced. The meetings will be held at 6 p.m. Wednesday in the Community Room at the Civic Center and at 9 a.m. Thursday at the Bungalow Restaurant, Gardner said during Tuesday's Council meeting. SPRING SALE |  3 FREE C SPRING SALE! Get 3 FRE Page 6 of 11Corona del Mar Today: CdMHS club provides six vests for area police dogs - Los Angele... 3/16/2019https://www.latimes.com/tn-dpt-me-0817-cdmtoday-20140816-story.html Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 9 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 10 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) CONSTRUCTION GUIDELINES FOR Body Art Facilities County of Orange Health Care Agency Public Health Services, Environmental Health 1241 E. Dyer Road, Suite 120, Santa Ana, CA 92705 Phone (714) 433-6000    Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Introduction This construction guide is for any person wanting to construct or remodel a body art facility that performs tattooing, permanent cosmetics, body piercing or branding. Any other body art facility, such as nonpermanent application of pigment (e.g. henna), and/or the piercing of an ear with a disposable, single-use, pre-sterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear is not covered in this guide. Plan Check Process Overview Plan Submittal Before beginning any construction or remodeling work, you must submit three (3) copies of detailed plans/blueprints and specifications to the Environmental Health office (see below for plan specifics). The plans may be prepared by an architect, draftsperson, contractor, or owner. All plans must be drawn in a professional manner encompassing all applicable requirements of this construction guide. In addition, you must be sure that local cities and jurisdictions will allow the facility to be constructed at that location. Plan Check Fee When your plans are submitted, a plan check fee must be paid. Current fee schedules are available on our website at http://ochealthinfo.com/eh/bodyart and by request. Remodels of body art facilities also require plan review and submittal of the associated fee. A remodel is any construction or alteration to an existing body art facility. Remodeling also includes repairs to a body art facility which alters its configuration or method of operation. Installing a body art facility in a new structure or in an empty building is new construction. If you are starting from a former body art facility that does not meet current Safe Body Art Act Standards, a plan check for the facility will be required prior to operation. If you have any questions, please contact this Agency at (714) 433-6000 and ask to be connected to the body art district inspector for your area. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Initial Plan Review Plans that are submitted will be reviewed and approved as submitted, approved with corrections, or denied. In order for plans to be approved, they must include all the information regarding structural requirements that are listed in this guide, and the plans themselves must be drawn to scale (e.g., ¼″ = 1′), using non-erasable ink or print (no pencil). Your plans must include: o Floor plan with plumbing and fixtures. o Finish schedule for walls, ceilings, floors, and base coves that indicates the type of material and surface finish. Samples of proposed finish materials may be required. o Remodel plans must identify all proposed changes to existing structures, spaces, and equipment. o A site plan showing all areas including the proposed procedure area, and decontamination and sterilization area. o A list of any equipment to be used at the facility such as single use wall mounted touchless paper towel dispensers, soap dispensers, wall mounted sharps containers, and steam sterilizer (autoclave). Approval or Denial If the plans you submitted do not contain all the information in order to meet the Safe Body Art Act requirements, additional information will be needed and the plans may have to be revised before approval is granted. If your plans do meet all the requirements, your plans will be marked with approval stamps and you will be given back two sets of the originals that you submitted. Your plans may need to be reviewed by your city building department for further approvals. One of these copies must be kept at the job site until the end of the construction/remodel project. It is only after you receive the approval of your plans by both the county and city (if required) that you can begin construction/work at your facility. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Modification of Plans If any changes are proposed to the plans after approval, they must be reviewed and re-approved by this Agency prior to being implemented. Preliminary Inspection When construction is approximately 75% to 80% completed, you must call your inspector (the person indicated on your approved plans) for a preliminary construction inspection. Requests should be made at least two (2) working days prior to the date of inspection requested. The preliminary inspection is usually scheduled at least two weeks prior to the proposed opening of the body art facility. Note that approved materials and approved workmanship are significant factors in the evaluation and field approval of body art facility construction and equipment installation. Final Inspection Upon completion of 100% of the construction, including all finishing work, you must call your inspector to arrange for a final construction inspection. Contact your inspector at least two (2) working days in advance for an appointment for the final inspection. Issuance of Permit When your facility has passed the final construction inspection and the facility is in compliance with all Safe Body Art Act requirements, you will be issued a Health Permit and you are then able to open for business or begin using the newly remodeled areas of your business. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177)   GENERAL CONSTRUCTION REQUIREMENTS 1. FLOORS, WALLS, CEILINGS a. Floors, walls, and ceilings in procedure areas, restrooms and decontamination and sterilization areas shall be smooth, free of open holes, and washable. 2. GENERAL PURPOSE a. Provide a water heater which is capable of constantly supplying hot water at a temperature of at least 120°F to all sinks and other cleanup facilities. b. Be free of insect and rodent infestation. 3. PROCEDURE AREAS a. Procedure areas must be equipped with adequate lighting. c. Procedure areas must have a wall or ceiling to floor partition from any nail and hair activities. d. All procedure areas must have a sink with hot and cold running water. e. Provide single use paper towels that are dispensed from a wall-mounted, touchless dispenser that is accessible to the practitioner. f. Provide containerized liquid soap. 4. DECONTAMINATION AND STERILIZATION AREAS (for locations not utilizing only pre-purchased, sterilized single use items) a. Decontamination and sterilization areas must be separated from the procedure area by a space of at least five feet or by a cleanable barrier. b. Decontamination and sterilization areas must have a sink with hot and cold running water. c. Provide liquid soap in a wall mounted dispenser. d. Provide single use paper towels that are dispensed from a wall-mounted, touchless dispenser that is accessible to the practitioner. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177)   5. BODY ART FACILITY WITHIN A RESIDENTIAL DWELLING a. Provide separation from residential areas used for sleeping, bathing, and meal preparation. b. Provide a separate entrance and toilet facility. c. Eliminate any door that allows direct access between the body art facility and the residential dwelling. Notes: 1. Sterilization of reusable instruments shall be accomplished by steam autoclave only. No other methods will be accepted. 2. Sharps containers must be maintained within arm’s reach of the practitioner in the procedure and decontamination and sterilization areas. In addition, all sharps containers must be properly labeled, and sent for disposal by approved methods. 3. Procedure and decontamination and sterilization areas must have lined waste containers. Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 11 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) “e Art Gallery” Doing Business Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Go to Home Elekkstasy is on Facebook. To connect with Elekkstasy, log into Facebook. Log In or Join Previous Next Elekkstasy @elekkstasy 2015 4' x 4' Acrylic on Canvas **Hiii, I am making space in my art gallery in Newport Beach & selling pieces of my art from $20- $600. DIRECT MESSAGE if you'd like to view what is available- Thank youuuu! Dec 21, 2018 · Public · in Timeline Photos View Full Size Page 1 of 1Elekkstasy - @elekkstasy 2015 4' x 4' Acrylic on Canvas **Hiii, I am making space in m... 3/16/2019https://m.facebook.com/1148866878497514/photos/a.1205356669515201/2114049935312... Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 🖤🖤 ( @elekkstasy ) 2 OPEN CHAIRS for my 3 HOUR Live Figurative Drawing Session on Sunday September 23rd, at my gallery in NewPort Beach! Contact Me Directly: contact@elekkstasy.com To Join Us! $20 minimum donation to Female Model. Newport Beach, California 8:16pm 09/18/2018 6 111 Show 🖤🖤 ( @elekkstasy ) Stories and Highlights Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 2 OPEN CHAIRS for my 3 HOUR Live Figurative Drawing Session on Sunday September 23rd, at my gallery in NewPort Beach! Contact Me Directly: contact@elekkstasy.com To Join Us! $20 minimum donation to Female Model. Tweet Download Images 🖤 ( @elekkstasy ) Share 0 Pictame Online Instagram Posts Viewer Search instagram hashtag or username Got it!This website uses cookies to ensure you get the best experience on our website. Learn more Got it!This website uses cookies to ensure you get the best experience on our website. Learn more Got it!This website uses cookies to ensure you get the best experience on our website. Learn more Got it!This website uses cookies to ensure you get the best experience on our website. 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Learn more Page 1 of 52 OPEN CHAIRS for my 3 HOUR Live Figurative Drawing Session on Sunday Septemb... 3/16/2019https://www.pictame.com/media/1871345756507857604_31016424 Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3c Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) From: Crager, Chelsea Sent: Tuesday, March 26, 2019 2:47 PM To: Lippman, Tiffany Subject: FW: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA Attachments: ltr 2019.03.20 mll to NB Planning Commis Re EArt Gallery tattoo OPT1.pdf Follow Up Flag: Follow up Flag Status: Flagged From: melinda@melindaluthinlaw.com <melinda@melindaluthinlaw.com> Sent: Thursday, March 21, 2019 1:01 AM To: Zak, Peter; Weigand, Erik; Lowrey, Lee; Ellmore, Curtis; Kleiman, Lauren; Koetting, Peter; Kramer, Kory Subject: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA Dear Chairman Zak and Members of the Newport Beach Planning Commission: Thank you for the opportunity to comment on the Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA. I apologize for the late comments, but it took me a long time to prepare my comments. As you know, although I have no opinion as to the appropriateness of a tattoo parlor in CdM, I strongly object to the proposed location, as it does not meet the required standards for the health, safety and welfare of tattoo customers, other tenants in the building, or their guests and customers. Please review my attached comments and also please review the letter that I sent to the City Counsel opposing Ms. Gallegos’s appeal of your earlier denial of her application. Your December 2018 decision to deny the permit application was correct. I appreciate the time and effort you have put into this matter and I look forward to your upholding your original correct decision. Thank you, Melinda 2721 East Coast Highway, Suite 201 Corona del Mar, CA 92625 (949) 673-1161 www.melindaluthinlaw.com Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Melinda Luthin Law | Corona del Mar | Orange County | California | (949) 673-1161 - home www.melindaluthinlaw.com Melinda Luthin Law, a general practice firm in Corona del Mar, Orange County, California. We take a genuine interst in your legal matters and provide personalized, passionate and informed counsel at a reasonable price. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) MELINDA LUTHIN 2721 East Coast Highway suite 201 • Corona del Mar • California 92625 • P 949.673.1161 • MelindaLuthinLaw.com . March 20, 2019 Via Email & US Mail The Honorable Peter Zak, Chairman and the Members of the Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Hon. Peter Zak: pzak@newportbeachca.gov Hon. Erik Weigand: eweigand@newportbeachca.gov Hon. Lee Lowrey: llowrey@newportbeachca.gov Hon. Curtis Ellmore: cellmore@newportbeachca.gov Hon. Lauren Kleiman: lkleiman@newportbeachca.gov Hon. Peter Koetting: pkoetting@newportbeachca.gov Hon. Kory Kramer: kkramer@newportbeachca.gov Re: Opposition To E Art Gallery Minor Use Permit Dear Chairman Zak and Members of the Newport Beach Planning Commission: This letter is to voice my objection to the request (“Application”) of an applicant identifying itself as “E Art Gallery/Savaanah Gallegos,” (“Applicant”) to obtain a minor use permit to operate a tattoo parlor, AND an art gallery, AND an art studio for art classes in a 417 foot space located at 2721 East Coast Highway, Corona del Mar, California (“Proposed Site”). I have formed no opinion regarding whether a tattoo parlor should be established in Corona del Mar. But a tattoo parlor cannot be established at the Proposed Site and it should not be established by the Applicant. A Minor Use Permit, despite its seemingly innocuous name, requires adherence to the procedural and substantive mandates of the Municipal Code. Applications for minor use permits must not be granted as a matter of course. The Application is so deficient that it would not have been accepted for an over-the-counter permit. The Application should not have been accepted for filing much less recommended for approval. It should not be approved as a minor use permit. Staff’s acceptance of the Application and recommendation that it be approved ignores virtually every requirement for issuing a minor use permit. This letter addresses matters regarding the Proposed Site, the inadequate contents of the Application, the Staff Report and the procedural issues of the City’s processing of the Application. I have not repeated the issues contained in my February 2019 letter to the City Council, and I request that the issues raised in that letter (attached to Staff’s Planning Commission packet) be considered as well. I understand that this letter is written only one day before the Planning Commission meeting, and one or more of you may consider this to be tardy. I also know that the letter is Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 2 repetitive and not well organized. Please note that I am a member of the public providing my comments and concerns in my free time. The concerns stated herein should have been addressed by Staff, who have had since July 2018 to address the issues with the Applicant. The Application is so flawed, it should not have been accepted for filing. Had the Applicant been required to provide all necessary information, Staff would have readily concluded that the Proposed Site cannot be used as a Tattoo Studio. The inadequacy of the Proposed Site would also be readily discernable by a site visit. For reasons unknown, Staff has chosen to ignore or minimize the issues, has impermissibly overridden the Code in accepting the Application, and recommends the Planning Commission Approve a Minor Use Permit that would violate the Municipal Code, State Law and Federal Law. THE APPLICATION SHOULD NOT HAVE BEEN ACCEPTED The Application is wholly inadequate, incorrect, and incomplete. It fails to contain even the fundamentals of an application for a minor use permit. “The Director shall review each application for completeness and accuracy before it is accepted as being complete.” (CNB Muni. Code, § 20.50.060.) “The determination of completeness shall be based on the City’s applicable list of required application contents and any additional written instructions provided to the applicant in any preapplication conference, and/or during the initial application review period.” (CNB Muni. Code, § 20.50.060.) Because the Application was not included in any of the staff reports, in any material presented at the Planning Commission’s December 2018 meeting, or in any material presented at the City Council’s February 2019 meeting, I have attached it to this letter. (Exh. 1.) The Application Should Not Have Been Accepted For Filing Because The Applicant Has No Authorization To Apply For A Minor Use Permit. “An application may only be filed by the owner of the subject property or authorized agent of the owner with the written consent of the property owner. The application shall be signed by the owner of record or by an authorized agent, if written authorization from the owner of record is filed concurrently with the application.” (CNB Muni. Code, § 20.50.040.) “[T]he words ‘shall,’ ‘must,’ ‘will,’ ‘is to,’ and ‘are to’ are always mandatory.” (CNB Muni. Code, § 20.12.020.) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 3 Jeff Brown is the owner of the building. The Application, submitted by “E Art Gallery/Savaanah Gallegos,” is signed by Savaanah Gallegos and an unidentified “lessee,” but the file does not contain a writing from the property owner authorizing “E Art Gallery,” “Savaanah Gallegos,” or anyone else to act as the owner’s agent. When the Application first came to my attention, I asked Mr. Brown if he were the applicant. He sated that he was not. Chelsea Crager at the City Planning Department confirmed that “E Art Gallery” was the applicant and that it was signed by “Savannah Gallegos.”1 I asked Mr Brown if he had executed any writing authorizing Savanah Gallegos or anyone to act as his agent. Mr. Brown stated that he had not. Mr. Brown stated that per Ms. Gallegos’s request, he wrote a letter attesting to his ownership of the building, and nothing more. This week I went to the City Planning Department and requested to look at the file. The Application contains only one letter, as described by Mr. Brown, which is copied below. (Exh. 1.) The Application affidavit is filled out in what appears to be the same handwriting as the rest of the application (presumably that of Ms. Gallegos), as follows: 1 Ms. Craiger misspelled Ms. Gallegos’s first name, which is apparently spelled “Savaanah” Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 4 Although the affidavit indicates that it is made by “Jeffrey Brown,” it is followed by two signatures, neither of which appears to be the signature of Jeffrey Brown, both of which indicate that they are the signatures of the “lessee,” and not the property owner. To summarize: • An affidavit must be signed by the person named as the affiant in order to be effective; • The purported affiant (Jeffrey Brown) did not sign the affidavit; • Even if the affiant had been identified as “Savaanah Gallegos” or the other “lessee” (whose name is presently unknown), the signatures would not be effective because the owner did not designate anyone as his authorized agent, as required. This Application should not have been accepted for filing. The Application Should Not Have Been Accepted For Filing Because It Does Not Contain The Required Information The Application submitted to the City consists only of the filled-out form and a one paragraph statement by Savaanah Gallegos. The one-paragraph statement is essentially, “I want it, so give it to me.” It is wholly devoid of any of the required information and should not have been accepted for filing, much less recommended for approval. “Each permit application required by this Zoning Code shall be filed with the Department on the appropriate City application form, together with ... all other information and materials specified by the Director for the specific type of application.” (CNB Muni. Code, §§ 20.50.040, 20.52.020.) “[T]he words ‘shall,’ ‘must,’ ‘will,’ ‘is to,’ and ‘are to’ are always mandatory.” (CNB Muni. Code, § 20.12.020.) A “minor use permit provides a process for reviewing uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.” (CNB Muni. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 5 Code, § 20.52.020.) It is impossible for Staff or the Planning Commission to conform to the process for minor use permits where, as here, Staff has not received necessary information regarding the specific site and proposed use. Incorrect, and missing maps and information. An application for a minor use permit must include a written statement describing the proposed project in detail. (Exh. 2 [CNB Conditional & Minor Use Permit Information].) The Permit application should include: Lot Area; Building/Lot Coverage (%); Number of Seats; Lot Width; Building Height; Dwelling Units; Lot Depth; Landscaping (%); Hours of Operation; Setbacks; Paving (%); Use; Gross Floor Area (sq. ft.); Parking; Floor Area Ratio; and the Number of Employees. (Exh. 2 [CNB Conditional & Minor Use Permit Information].) “Use Permits requiring Planning Commission approval shall be submitted with eight (8) standard sets and one (1) reduced set of plans. Twelve (12) additional sets (size to be determined) of final drawings (after staff review) will be required prior to the Planning Commission Meeting.” (Exh. 2 [CNB Conditional & Minor Use Permit Information].) All plans shall adhere to the following • Drawn to scale no less than 1/8’ = 1’ • Standard size plans are to measure 24”x36” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½”x14” when submitted • Reduced size plans are to be measured between 8 ½”x11” to 11”x17” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½“x 11” when submitted (Exh. 2 [CNB Conditional & Minor Use Permit Information].) Plot plans or site plans shall be fully dimensioned and show the following information on the subject property. The plot plan shall show these items abutting the property a minimum of 20 feet from the boundaries of the site: • Vicinity map, north arrow, and scale of the plan • Existing and proposed property lines • Required and proposed front, side, and rear-yard setback lines – measured and dimensioned from property lines • Location, name, dimension, and description of all existing and proposed right-of- way lines, dedications, and easements Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 6 • Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open volume areas • Any structure(s) to be relocated, removed, or demolished • Location, height, and material of existing and proposed walls and fences • Location of all trash enclosures and how they will be accessed • Location, dimension, description, and number of parking spaces/areas • Location, height, size, and materials of existing and proposed signs • Existing and proposed grade elevations and any significant natural features • An information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) The Application contains no drawings, no description of the space or the building layout. The application contains none of the above required information. From the time the Application was filed to the date of the February 2019 City Council Meeting, six versions of the same drawing were submitted to the City by or on behalf of Applicant. (Exh. 3.) None of these drawings contain the required information, every drawing is inaccurate, and the proposed layouts contain misleading scales. I sent a corrected floorplan of the Proposed Site and the bathrooms along with photographs showing tape measurers that indicated the dimensions. Applicant did not submit any elevation drawings, vicinity maps, plot plans, accurate site plans or any drawings containing the above required information. The Staff Report contains two new drawings (which do not contain the requisite information). These two drawings contain misleading and inaccurate dimensions. The stated measurements are not accurate measurement of the interior space. In addition, the measurements do not depict reality. (Exh. 4 [additional photographs with tape measurer].) For instance, the walkway to the bathrooms is not 36”. It is 32” at the bottom baseboards and 33” at the walls. Similarly, the room dimensions are also wrong. (Exh. 4.) In addition the Staff Report indicates that Applicant now claims that the Proposed Site is nearly forty percent (40%) smaller than the Applicant’s original statement of size (new drawings state site is 513 sq. ft.; previous claim was 693 sq. ft.) Again, Staff has taken Applicant’s word for the square footage, despite the fact that calculations using the dimensions stated on Applicant’s own drawings do not support Applicant’s purported site square footage. (Do the math, A rectangle = b • h.) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 7 It is concerning that Staff would accept as true, drawings containing dimensions and square footages that contradicted my photographs, and that contradict Applicant’s own drawings, especially because the Staff Report indicates that Staff actually visited the site. A quick flick of a measuring tape would have determined that the latest drawings, like all of the previous drawings, are incorrect. None of the drawings shows an accurate room layout. I have used the latest Staff Report drawing to create a viable layout. (Exh. 5.) Even using the overstated dimensions, the maximum occupancy of the “creative pace,” is two persons and a model. How is it possible that Applicant will hold “art classes” with a live model for seven people, wholly within the “creative space,” as Applicant has proposed? In addition to the complete lack of accurate site drawings or site information, the project description is equally devoid of any pertinent or required information. The Application must include a detailed description of the project that must also include “any relevant information which supports the application and the required findings pursuant to Section 20.52.020 F [requirements for minor use permits].” (CNB Conditional & Minor Use Permit Information; CNB Muni. Code, § 20.52.020 [“It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section”].) In addition to providing a detailed description of the project, the Applicant was required to, but did not provide the following: 1. Evidence indicating that the use is consistent with the General Plan and any applicable specific plan; 2. Evidence indicating that the use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. Evidence indicating that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. Evidence indicating that 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; and Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 8 5. Evidence indicating that the operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Application’s description is one paragraph long, which is copied below in its entirety: E Art Gallery is an art studio, which includes painting and figurative drawing classes, painting canvas, commissioned artwork, and Body Art. Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws. Hours open to the public will be set from 1000-2000, Monday to Sunday, and mostly operated by appointment. Thank you for your time and consideration. This three-sentence paragraph is as if an afterthought. It is not a detailed description of anything. It does not even mention the location! It provides none of the required detail or evidence to support granting the application. No over-the-counter permit would be issued on this information. A minor use permit certainly should not be issued based on this completely devoid application. The Application Should Not Have Been Accepted Because It Was Not Filed Concurrently With All Other Required Applications “Any applicant for a project requiring more than one permit application (e.g., conditional use permit, site development review, tentative map, etc.) shall file all related applications concurrently, with all appropriate application fees required by Section 20.50.050 (Application Fees).” (CNB Muni. Code, § 20.50.030.) Applicant did not file all her applications at once. “Multiple applications for the same project shall be processed concurrently,...” (CNB Muni. Code, § 20.50.030.) The Application was not filed concurrently with all other required applications. It should not have been filed and must not be approved. Staff’s claims that Applicant need not have the Planning Commission approve all of the permit applications and approvals for each of her proposed uses is wrong. In addition to the requirement that multiple applications be filed and processed simultaneously, “Multiple applications for the same project ... shall be reviewed and approved, modified, or denied by the Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 9 highest review authority designated by this Zoning Code for any of the applications.” (CNB Muni. Code, § 20.50.030.) The minor use permit application processes and procedures “are carried out after those described in Chapter 20.50 (Permit Application Filing and Processing) for each application.” (CNB Muni. Code, § 20.52.010.) These procedural mandates may not be waived by staff or anyone. (CNB Muni. Code, §§ 20.12.020, 20.52.090.) The Applicant did not first comply with the applications required by Chapter 20.50, and thus, the Application must not be approved. In addition, the Proposed Project is a new use at the Proposed Site. As such, it requires a Zoning Clearance and also a building permit, if modification are to be made. (CNB Muni. Code, § 20.52.100.) In addition, if the proposed art classes involve “live models exposing specified anatomical parts,” or if the proposed studio is one where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts,” then additional permitting is required and additional restrictions apply, some of which are incompatible with tattoo parlors. (CNB Muni. Code, Chap. 5.96.) Although the requirements above are mandatory, in an apparent attempt to ignore these requirements, the Staff Report states that with respect to the proposed “studio,” “an approval of use permit is not required.” The Report is wrong. “Permitted Uses [are] [p]ermitted subject to compliance with all applicable provisions of this Zoning Code, issuance of a zoning clearance (Section 20.52.100), and any building permit or other permit required by the Municipal Code. These are shown as “P” uses in the tables. (CNB Muni. Code, § 20.16.030.) Even if no construction is performed, at the least, the Applicant was required to apply for this Zoning Clearance simultaneously with its application for minor use permit. Applicant did not. In addition, although the Staff Report incorrectly states the scope of required construction, the Staff Report acknowledges that construction will be necessary for the site to be permissible for Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 10 use s a tattoo parlor. As such, the Applicant was required to apply for a building permit simultaneously with its application for minor use permit. With respect to the live models, Staff states that “there is no indication that models will meet the definition of an adult model studio’’ as described by the Municipal Code.” Staff does not fulfill its job by merely sitting that there is “no indication.” Staff must inquire as to the type of live modelling planned. This is especially true here, because every social media site of Ms. Gallegos (who goes by the street name of “”Elekkstasy”) contains artwork, virtually all of which depict nudes, none of which are compatible with Applicant’s proposal to teach art to children as young as ten years old, without their parent’s presence. (Exh. 6.) Regardless, Applicant must obtain either a building permit or a Zoning Clearance. The application for one or the other must have been filed with the Application. (CNB Muni. Code, § 20.52.100.) None was filed. THE PROPOSED LOCATION IS IN A BUILDING THAT DOES NOT AND CANNOT EVER COMPLY WITH THE CODE REQUIREMENTS Corona del Mar is on the verge of blight. Many buildings are run-down and do not comply with the building codes. Many spaces in buildings have been vacant for years. The building located at 2721 is no exception. It is a troubled building with a troubled past. The permit history indicates that no building permits have been pulled for decades despite obvious construction to the front and central courtyard. (See Staff presentation photographs from December 2018 and February 2019 indicating complete replacement of awnings, structural supports, and electrical lighting) None of the toilet facilities or pathways meet ADA requirements. The lower level drop- ceilings are too low. Advertising signs are plastered on nearly every vertical surface (See Exh. 7 from Staff presentation photographs). Multiple doors are nailed shut. Unpermitted shoddy work is visible from the street and within the common areas, At least one of the suites doubles as a residence. Only a few years ago, there was a major arrest of a prostitution ring at Suite 110. (Exh. 8.) All of the windows at two businesses in this building are completely obscured. One of them is “E. Art Gallery.” As described below, the other business’s windows are obscured with huge decals (like bus wraps) containing a larger-than-life photograph of a scantily-clothed woman Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 11 inviting the reader to walk in and experience their “Korean hand technique!” This is not permissible, but to date, nothing has been done to rectify it. The Purpose of the “Zoning Code [is] to promote the orderly development of the City; promote and protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods; and to ensure the beneficial development of the City.” (CNB Muni. Code, § 20.10.020.) Accepting and recommending approval of an incomplete and inaccurate application for a minor use permit at an impermissible site does not promote or adhere to the purpose or the mandates of the Zoning Code. The Zoning Code recognizes that restricted uses such as tattoo parlors and day spas have a tendency to have a blighting and/or deteriorating effect upon surrounding areas. (CNB Muni Code, § 20.70.020.) As such, the Zoning Code requires these restricted uses to be dispersed and requires them to obtain a minor use permit. Contrary to the Staff Report, there are presently three restricted use businesses operating in this building alone, none of which have applied for or obtained minor use permits. According to the December 2018 Staff Report, there are already an additional eight restricted use personal services businesses within two blocks of the Proposed site, and again, none of these are operating under a minor use permit, as required. Eleven restricted use personal services within two blocks is too many. The City needs to focus on requiring the owners to fix the buildings and needs to focus on enforcing its Codes. 2721 E. Coast Highway, with its obscured windows, rampant unlawful advertising, doors that are nailed shut, and non-complaint spaces and bathrooms needs to come into compliance and needs to stop housing any more restricted personal use businesses. Permitting one more restricted use personal services business at 2721 East Coast Highway, a run-down non-complaint building will contribute to the blighting of CdM. THE STAFF REPORT “Whenever this Zoning Code requires a set of findings to be made before granting approval of an application by the applicable review authority, it shall be the responsibility of the Department to present all relevant facts to support the findings.” (CNB Muni Code, § 20.50.070.) The Staff Report reminds the Planning Commission that it must make findings to support its decisions, but fails in its duties to provide the Planning Commission with those necessary facts. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 12 Instead, the Staff Report is devoted almost entirely to “rebutting” the comments in my February letter. This is not only improper, it is unhelpful and inadequate. Unless the Planning Commission is provided facts to support each element required for issuing a minor use permit, the Application must be denied. (CNB Muni Code, § 20.52.090 [“review authority may approve or conditionally approve a variance only after first making all of the [identified] findings”].) Because there are no facts to support any of the six identified required findings, the Application must be denied. The Staff Report Does Contains Conclusions Without The Required Information Because the Staff Report states that the Application should be approved, it was required to but did not contain facts to support the finding. (CNB Muni. Code, § 20.50.070.) No facts to support a finding that the use is consistent with the General Plan and any applicable specific plan. The Staff Report does not mention the General Plan at all. No facts to support and/or incorrect facts regarding a finding that the use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code. The Staff Report concludes without any facts that the Proposed Site contains an “existing art gallery/studio,” that purportedly “is a permitted use and approval of use permit is not required.” This conflicts with the CNB license database that indicates no business is licensed to operate at this location and conflicts with the Zoning Code Requirements. (See comments above.) No Facts To Support And/Or Incorrect Facts Regarding A Finding That The Use Is A Legal Nonconforming Use. The only mention of the Zoning Code compliance in the Staff Report regards parking. The Staff Report mentions no other aspect of compliance with the Zoning Code. With Respect to the Zoning Code parking requirements, the Staff Report claims that because Staff could not find any of the original plans for the building, building’s lack of parking must be a legal nonconforming use. This is wrong. The default law is that parking must meet the minimum requirements. In certain circumstances where “legally established uses and structures become nonconforming due to reclassification, ordinance changes, or annexations,” persons may apply for continued or changed uses so long as certain criteria are met. “When a use or structure does not conform with the applicable use regulations or property development standards for the zoning district in which it is located, it shall be the responsibility of the owner to provide Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 13 evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City.” (CNB Muni. Code, § 20.38.030.) The prospective building has no off-street parking. If a person wishes to take advantage of the legal nonconforming use parking provisions, the burden is on the person to prove the present use is within the definition of legal nonconforming uses. If the person cannot so prove, then the use is not legal nonconforming and any Application that requires compliance with the Zoning Code must be denied. Because the Applicant did not prove that the structure and use were not lawfully established and erected, then the use is illegal. Moreover, the permit history shows that the building had parking and loading at one time, which was built over without permits. The use is illegal and no variance to the parking requirements is permitted. Because the present lack of parking at the Proposed Site is illegal, the following applies without exception, “Each use, including a change or expansion of a use ... shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed.” (CNB Muni. Code, § 20.40.020.) The Staff Report claims that I miscalculated the required number of parking spaces. The Report claims that When a business engages in several activities from the same space, the most restrictive parking rate is applied to the entire suite. Each of the uses the applicant plans to operate requires parking at a rate of one parking space for every 250 square feet of gross floor area. suggestion would apply the 1:250 parking requirement to each of the three activities in the space thereby tripling the required parking for the use. From there, the Staff Report concludes, with no analysis or facts, that: (1) the building’s lack of parking is legal non-conforming; (2) the three proposed business operations will not increase the intensity of traffic and parking; and (3) the proposed use meets the nonconforming use restrictions. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 14 The Staff Report is wrong, wrong and wrong. The Code is clear, “If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use.” (CNB Muni. Code, § 20.40.030.) Because Applicant stated that she intends to operate an art studio, and an art school and a tattoo parlor, the parking requirements for the space is equal to the sum of the parking requirements for each use. (CNB Muni. Code, § 20.40.030.) Because the building is illegal regarding parking, and because the building currently has no parking, then if Applicant wishes to have any one or more uses permitted, she must first construct the proper number of off-street parking spaces for her intended uses. The Staff Report improperly treats mandated matter as discretionary. Compliance with this provision is mandatory and Staff has no discretion to waive its requirements. The Staff Report’s admission that Staff has “never,” required compliance with this law does not give Staff permission to ignore it now. In addition to the comments above, “If conflicts occur between requirements of this Zoning Code, or between this Zoning Code and other provisions of the Newport Beach Municipal Code, or other adopted regulations of the City, the more restrictive provision shall prevail.” (CNB Muni. Code, § 20.12.020.) Staff may not create its own rules as to the mandates of the Municipal Code, nor may Staff pick and choose with which provisions it must comply and which it may ignore. No facts to support a finding that the use is allowed within the applicable zoning district or that the use complies with all other applicable provisions of the Municipal Code. The Staff Report concludes without any facts that the Proposed Site will accommodate an art studio and a two tattoo stations. The Staff Report is wrong. “Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City; regulations of a special district or agency; or regulations of a State or Federal agency.” (CNB Muni. Code, §20.10.040.) Where the provisions of the “Zoning Code requires compliance with other applicable provisions, [as with minor use permits, such provisions] shall be in addition to the requirements of this Zoning Code. Other applicable provisions may include, but are not limited to, ... adopted criteria/guidelines, City policies, and/or State and Federal regulations.” (CNB Muni. Code, §20.10.040.) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 15 The Staff Report wholly ignores the requirement that it must provide facts to support a conclusion that the use complies with the other provisions of the Municipal Code, including, the Building Code and the Fire Code. There is no fact to indicate any analysis of the Fire Code requirements, occupancy restrictions or ADA access. There is no fact to support any finding that the Proposed Site complies with the Building Code, and it does not. Although I have not analyzed all building code violations, the Staff should have done so. In my previous letter, I described the Building Code violations regarding the site ceiling height, the bathroom walkways, door opening, size, materials and fixtures. The Staff Report does not even mention these violations. Instead, the Staff Report appears to claim that the Applicant may rely on a non-existent prior use variance. This is incorrect. While there may be some instances where a variance of a Zoning Code may be granted, any such variance must be granted upon application. Moreover, no Building Code variance is permitted. It is Staff’s responsibility to make and provide findings regarding compliance with the Zoning Code AND the Fire Code AND the Building Code AND all other provisions of the Municipal Code. Staff did not. The Staff Report acknowledges that the “new” drawings indicate that the Proposed Site is nearly forty percent (40%) smaller than the Applicant’s original statement of size but concludes without facts or analysis that this large discrepancy is not a “substantial change” to the scope of the project and states that there is no reason to believe that the Applicant purposefully tried to deceive Staff. Applicant’s purported innocent intentions do not negate the requirements of the Code or excuse Staff from performing the required analysis. The Staff Report then states that “Staff does not believe this issue has any significant bearing on the application or the hearing” and states that the “full and complete analysis of the proposed use” contained in the old December 2018 Staff Report applies to this much smaller space. It is not possible that the December 2018 analysis of the code requirements for and occupancy restrictions of a nearly 700 square foot space would be the same as analysis of a stated 500 square foot space that is actually more like 420 square feet. This reduces the size of the “art classroom” to that of an area rug. (Exh. 5.) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 16 No Facts Or Law Supports Staff’s Claim That Building Code Requirements May Be Ignored The Staff Report claims that the Municipal Code definition of “Nonconforming structure” contained in section 20.70.020 permits Staff to relax or remove Building Code requirements. The Staff Report is wrong. “Nonconforming structure” means a structure that was lawfully erected, but that does not conform to the property development regulations for the zoning district in which the structure is located by reason of adoption or amendment of this Zoning Code or by reason of annexation of territory to the City. By its plain language, the definition of “Nonconforming Structure” regards compliance with the Zoning Code, not the Building Code. Under Chapter 20.16, “DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS,” “Uses and/or structures shall comply with all applicable development standards of this part, the provisions of Part 3 (Site Planning and General Development Standards) and Part 4 of this title (Standards for Specific Land Uses), and other adopted criteria, guidelines, and policies adopted by the City related to the use and development of land.” (CNB Muni. Code, § 20.16.020.) “Nonconforming Uses and Structures. Uses and structures that are determined to be nonconforming as to the requirements of this Zoning Code shall be subject to the requirements and limitations of Chapter 20.38 (Nonconforming Uses and Structures).” (CNB Muni. Code, § 20.16.020.) Staff has proffered no provision in the Building Code that permits Staff, the Planning Commission or the City Council to waive non-compliance of the Provision of the Building Code based on legal non-conforming status. Staff may not rely on a Zoning Code provision to create a non-existent rule permitting non-compliance with the Building Code. The Staff Report also states that the application should not be denied on this basis because City Staff has issued lots of permits in violation of the Building Code requirement. Again, the applicable Municipal Code sections are mandatory. City Staff’s past violations of its the Municipal Code mandates does not permit or justify further violations. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 17 Where, as here, the building does not comply with the Building Code requirements (some of which are discussed in my February letter), a minor use permit may not issue. No facts to support a finding that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity The only mention of this criteria is the statement in the staff Report that “Staff therefore expects the proposed tattoo studio and art gallery to operate in an effective and non-detrimental manner that would be compatible with the surrounding commercial tenants and commercial uses in the area.” The Staff’s attempt to replace its responsibility to proffer evidence that the proposed space is complaint with some nebulous comment that the business owner should play nice with the neighbors is nonsensical and provides no facts to show that the design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Worse, the Staff Report states, “The Planning Commission should include specific factual information to support the action in any newly adopted resolution.” Staff’s attempt to pass the buck to the Planning Commission is not only improper, it is not sufficient to prove this element has been met. No facts to support a finding that 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. The Staff Report does not mention this requirement at all. No facts to support a finding that operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The Staff Report does not mention this requirement at all. Staff’s Passing Discussion Of The Purpose Of The Minor Use Permit Contains Facts That Conflict With Prior Staff Reports And Staff Conclusions Contradict Facts The Staff Report recites the Code Language that acknowledges that “personal use services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 18 need to be dispersed from other similar uses to minimize adverse impacts, includ[e],” day spas, Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under “massage establishments,” Tanning Salons and Tattoo Services and body piercing studios. In its December 2018 Staff Report, Staff acknowledged that La Vita Salon/Spa (located in Suite 110) is indeed a “personal service, restricted,” establishment that was required to, but did not, hold a minor use permit. The December 2018 Staff Report was distributed before a new business went into suite 204 of the Proposed Building. This new business has no specific name, but it does have all of its windows (unlawfully) obscured with decals of a woman scantily clothed in a flowing pink tube-top type massage gown. (Exh. 9.) The text above and below the larger- than-life woman appearing on the two huge (unpermitted and unlawful) decals that cover the entire 7 foot by 7 foot and 9 foot x 7 foot floor-to-ceiling windows exclaims, “Rejuvenate, Lift & Detox your skin with our Korean Hand Technique!” Despite this, the latest Staff Report now claims that La Vita Salon and Spa - - isn’t a spa. It also claims that the unnamed business with obscured windows and a nailed-shut door offering to “Rejuvenate, Lift & Detox your skin with our Korean Hand Technique!”(See Exh. 9) is also not a day spa. If that’s not a day spa, it’s time to call the cops again. The Staff Report’s Claim That Site Is And Will Comply With The Safe Body Art Act Is Wrong The Staff Report claims that “Staff has reviewed the California Safe Body Art Act and spoken with a representative of the Orange County Health Department. Based on this research and discussion, staff believes that the tenant space will be able to comply with regulations with only minor modifications (paint/floors).” Staff’s “belief,” which is stated without any factual evidence, is of no assistance, especially in light of the fact that its belief contradicts facts. As detailed in my February letter, the California Safe Body Art Act mandates that all facilities comply with the Building Code. In addition, the local enforcement agency (Here County of Orange Health Care Agency Public Health Services [“OCHCA”]) may implement standards that are more restrictive than the Safe Body Art Act. (Cal Health & Saf Code § 119324.) Here, OCHCA has implemented such regulations which mandate that all body art facilities’ “Floors, walls, and ceilings in procedure areas, restrooms and decontamination and sterilization areas shall be smooth, free of open holes, and washable.” (Exh. 10 [OCHCA, Environmental Health, Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 19 Construction Guidelines for Body Art Facilities, GENERAL CONSTRUCTION REQUIREMENTS], p.5.) The Local Agency also mandates that all new establishments must meet the new construction Building Codes. (Exh. 10 [OCHCA, Environmental Health, Construction Guidelines for Body Art Facilities], p.2.) Regardless of what Staff says someone told them during one conversation, the requirements of the Safe Body Art Act and OCHCA mandate that, among other things, that the ceilings must be raised by at least 8 inches, and the walls and ceilings must be replaced with material that is non-absorbent, smooth and washable. The Body Art Facility is the “section of a building ... in which a practitioner performs or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area.” The body art facility must have its own “adequate toilet facilities, in accordance with the specifications of the State Building Standards Code, local building standard codes, and any other local ordinance.” (Cal Health & Saf. Code, § 119301.) The Proposed Site does not have its own toilet facility. Nor are the public facilities in accordance with the Building Code. A body art facility and must have “a water heater which is capable of constantly supplying hot water at a temperature of at least 120°F to all sinks and other cleanup facilities.” (Exh. 10 [OCHCA, Environmental Health, Construction Guidelines for Body Art Facilities], p.5.) The Proposed Site does not. It is disingenuous for the Staff Report to state that Staff “believes” that the Proposed site will comply with the requirements of a Body Art Facility with only a coat of paint and a new floor when it has no rational basis for this belief. The Staff Report Dismisses Important Concerns And Grants Variances Without An Application For Variance And Without Making Any of The Findings Necessary for Granting A Variance. Variances to the Zoning Code requirements may only be approved on an application duly filed in conformance with Muni. Code chapter 20.50. (Muni. Code, § 20.52.090.) No variance may be granted unless certain specific findings are made. (Muni. Code, § 20.52.090.) Applicant filed no application for any Zoning Code variance. Nor does the Staff Report make any of the required findings for any Zoning Code variance. (Muni. Code, § 20.52.090 [e.g. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 20 unique circumstances, necessity of variance, will not be inconsistent with limitations on nearby properties, etc.].) The Staff Report Does Not Address The Deficiencies In The Application The Staff report states that “a full and complete analysis of the proposed use is provided in the attached December 6, 2018 Planning Commission staff report.” It is not. From there the Staff Report states several times that Staff “believe[s] that sufficient facts exist in support of each finding required by NBMC Section 20.52.020.F.” Staff’s belief is of no consequence. Staff has confused the requirement of proffering evidence sufficient to make findings with the requirement that findings must be made. In so doing, Staff’s attempts to pass the responsibility of proffering evidence sufficient to make findings onto the Commission when the responsibility of proffering the evidence lies with the Applicant and the analysis and presentation of the evidence lies with City Staff. Because no evidence is sufficient to grant the permit, the Commission is capable of making only one finding: that there is insufficient evidence to grant the application. The Staff’s Proposed Restrictions Aren’t Staff’s proposed “Restrictions” amount to little more than demands that the Applicant abide by the law. These are hardly “restrictions,” and are merely reminders of rules by which all persons must abide. Including In The Staff Report, “Rebuttals” To Comments Of A Member Of The Public Is Inappropriate. Throughout the latest Staff Report, I, a member of the public am repeatedly identified by name. This is not proper. When a member of the public raises concerns regarding an application, Staff should evaluate those concerns and address them in the Staff Report, as appropriate. Singling out a member of the public by name serves no legitimate purpose and will likely have the improper consequence of intimidating other members of the public, who will refrain from providing substantive comments under fear of reprisal. This is especially true in this instance, as no other person who provided comments was identified by name in the Staff Report. In addition, applications for minor use permits are not contests among private parties or adversarial proceedings of a member of the public versus the applicant and City. City Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 21 Staff should evaluate the permit application in light of the requirement. Staff should not be advocates. The Statements in the Staff Report indicate that Staff lost sight of its duties and function. Staff must consider the comments of the public but it should not be “rebutting” them in a Staff Report. Staff should be neutral in evaluating an application and should not treat members of the public with disdain or contempt. The Staff Report indicates that Staff was not neutral. Not only does the Staff Report unnecessarily identify me by name nine times, it uses improperly, the term “alleges,” when discussing the issues that I raised in my February letter and dismisses the requirements of the Municipal Code as “Ms. Luthin’s suggestion.” The Staff Report Indicates That Staff Failed In Its Duties To The Commission And To The Public. The City owes a duty to all of its residents and the public at large to regulate businesses and enforce its laws, regardless of whether a member of the public has so requested. In fulfilling this duty, staff must evaluate an application to determine its completeness and accuracy (CNB Muni Code, § 20.50.060), and to determine whether the application complies with and is consistent with the provisions of the Zoning Code, the General Plan, and other applicable provisions identified in Municipal Code Section 20.10.040 (CNB Muni Code, § 20.50.060). Staff did not. The Staff Report indicates that, instead of determining accuracy of the facts in the Application, Staff merely took the Applicant’s word, despite the Applicant’s past failures to provide accurate information. For example, The Applicant submitted seven different floorplans for the Proposed Space, none of which are accurate. The Staff Report indicates that after I submitted an accurate floorplan and photographs of the Proposed Site, some of which included measuring tapes indicating the dimensions, Staff visited the site. Despite having visited the site, the Staff Report indicates that instead of measuring the Proposed Space for itself, Staff relied on the Applicant to submit a revised floorplan. The Staff Report indicates that Staff accepted the dimensions in Applicant’s latest floor plan, despite the fact that I had submitted photographs with measuring tapes indicating the correct dimensions. In my February letter, I state that the Proposed Space does not comply with the Building Code. Staff ignored my comments other than to say, that compliance with the Building Code is not required. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 22 THE APPLICANT HAS SHOWN REPEATEDLY THAT HE/SHE/IT IS UNABLE OR UNWILLING TO ABIDE BY EVEN THE MOST BASIC OF REQUIREMENTS Ms. Gallegos and/or E. Art Gallery has thwarted and continues to thwart even the most basic of rules. In addition she has been untruthful regarding the majority of her Application and her comments at the City Council Meeting. For instance, in addition to submitting an Application that appeared to contain authorization of the property owner, when she did not obtain his approval, submitting an application that appeared to contain an affidavit of the property owner when it did not, Ms. Gallegos inferred in her application that she registered as a body art practitioner in Orange County. (Application, [“Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws”].) At the City Council meeting a few weeks after I brought up the fact that she was not registered in Orange County and that “E Art Gallery” was not licensed in Newport Beach or in Orange County, Ms. Gallegos stated that now she was registered as a body art practitioner in Orange County. I recently contacted the Orange County Health Department who confirmed she was not registered as a body art practitioner in Orange County. The Staff Report indicates that there is an “existing art gallery/studio,” located at the Proposed Site. No business is licensed by CNB to conduct business at the Proposed Site. There is no doubt that Ms. Gallegos has been conducting business without a legitimate business name and without a business license. (Exh. 11.) I brought this to the City’s attention last month. The Staff Report addresses this issue with nonchalance. The Staff report minimizes the fact that the Applicant has been operating its business without a business license. It brushes off the Applicant’s inability to follow the rules with, “The applicant is required to obtain and maintain a business license with the City and has been made aware of this requirement.” What’s worse is that, as of today, neither Ms. Gallegos nor E. Art Gallery have a license to do business in Newport Beach. At the City Council Meeting, Ms. Gallegos claimed that most of the businesses in Corona del Mar close at 8:00 or later. Ms. Gallegos statements are incorrect. Virtually every business in CdM closes by 6:00 p.m. except for some (but not all) restaurants and the grocery, hardware and drug stores. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Newport Beach City Council Letter Re: E Art Gallery Tattoo March 20, 2019 Page 23 Because Ms. Gallegos has shown repeatedly that she is unable or unwilling to comply with the basic requirements of operating any business if she is unwilling to be truthful regarding the simplest of matters, she is not fit to operate a tattoo parlor. The bottom line is that neither the Application nor the Staff Report proffers any evidence to permit the Planning Commission to grant the application for a minor use permit. Please contact me if you need anything else. Thank you. Yours truly, _____/s__________ Melinda M. Luthin, Esq. encl. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 1 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 Community Development Department Planning Permit Application ~ c:,/~.-r/77 ~aiO~rlel. 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment 1. Check Permits Requested: 0 Approval-in-Concept -AIC # 0 Lot Merger 0 Staff Approval □Tract Map 0 Coastal Development Permit O Limited Term Permit - D Waiver for De Mlnimis Development D Seasonal D < 90 day 0>90 days □ Traffic Study 0 Coastal Residential Development O Modification Permit i;y· Use Permit -~inor □Conditional 0 Condominium Conversion O Off-Site Parking Agreement 0 Amendment to existing Use Permit 0 Variance 0 Comprehensive Sign Program O Planned Community Development Plan 0 Development Agreement O Planned Development Permit 0 Amendment -□Code □PC □GP □LCP 0 Other: 0 Development Plan O Site Development Review -D Major D Minor 0 Lot Line Adjustment O Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I 2 J 2..-, J?. Coast-t±Wj & u ffe-) D'f en'< oon X£ ( Mar r CA 3. Project Description and Justification (Attach additional sheets if necessary): I see. Qt\ CJ \CV\£ d 4. Applicant/Compa~n~y~N~a~m~e=-==~==:::::::::::::::\-==~==:.:::::::===-=t=.==±=.==~::::::::-:"""'~""---'-__,,~c:::=:::=t::o=t.S===. Mailing Address 21 2 I CO-A.S\ \-\\N Vi-le I 0 City IC \'.){QD,0, IL\ fl\ (1, I State I ( A-I Zip I q Uo 2 S Phone{102-) Y'-f 5· 518~ I Fax~I ---~' Emaule\f\<.K?)IOSjO.Y-t@5mai\· C~fvt 5. Contact/Company Name I s l!\'l/1~ CLS (LlJQ:y:e.. I Mailing Address Suite/Unit I I City State I I Zip I I Phone I Fax1 I Email 6. Owner Name I ~ ~ f_~f 6.,\ ~ . 'bf-th.A) V\ I Mailing Address Ill O 1 W 1 N} O\f t( t)r, Ye Suite/Unit I I --07. city I Corol\.v\_ Le\ &lttr Phone I q Lf q ' Co123· \ ~3 \ I I State I G\ H:r>fY\ 1a I Zip I 9 2Le1 s-I Fax ~I ---~' Email I Je,-ff@bfDwneq vi±j ptfJ'l\(.,\:S, COt\ll Property Owner's Affidavit*: (I )(We) I ,JC. ~ B ct) w n I depose and say that (I am) (we are) the owner(s)~ property (ies} involved in this application. {I} (We} further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information he~ewith sub ·ttect are in all respects true and correct to the best of (my) (our) knowledge and belief. Title:: ?J"!'J.//ewe :□ate: 6~ ~1 2 1-g ,,..,,~~~::::::::::::::::::::~"'~=----Title: ti,~.:, i "J_ts ~-e, Date: )d O WI /3 y th ssee or by an authorized agent if written authorization from the owner of record is filed concurrently with the te, the owner(sr signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. F:\Users\CDD\Shared\Admln\Pfannlng_Dlvision\Appllcations\Appllcation_ Guldellnes\Plannlng Permit Appllcation -CDP added.docx Rev: 01/24117 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 FOR OFFICE USE ONLY\ O Date Filed: 'J•SO-J 1 APN No: Lj SC, -\ 1 \ -) 'i Council District No.: __ _.(.__p ___ _ General Plan Designation: C...L- Zoning District: ( ,C _ Coastal Zone:~es D No ~M Residents Association and Chamber Community Association(s):C..Q(f\ y,fJ!vp,.,,. (.a!l ,. ~ t Related Permits: ------------ Receipt No: ___ ... _:s;: ____ .,-____ _ Check#:____ '" Visa D MC D Amex 0# ----- DevelopmentNo: i)"c,,..o\ )S -03 Project No tf ~tZ-u tl-1 '7'7 Activity No: Z-o -0 l Y APPLICATION □ Approved □ Denied □ Tabled: Remarks: □Planning Commission Meeting □Zoning Administrator Hearing □Community Development Director ACTION DATE APPLICATION WITHDRAWN: Withdrawal Received (Date): __________ _ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: __________ _ Remarks: F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Office Use Only.docx Updated 08/15/17 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 JEFFR OWN 2707 Windover Drive ■ Corona Del Mar, California 92625 ■ 949/633.1331 July 12, 2018 Planning Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 To Whom It Concerns, This is in regards to the permit requested by 'E Art Gallery'. I am the owner of the property located at 2721 East Coast Highway, Corona del Mar, CA 92625. Sin rely, '·. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) PA2018-177 July 30, 2018 Community Development Department Planning Division 100 Civic Center Drive E Art Gallery 2721 East Coast Highway Suite 104 Corona Del Mar, CA 92625 (702)445-57818 Newport Beach, CA 92660/ P.O. Box 1768/ NewPort Beach, CA ~➔2658-8915 To Whom ·1t Concerns, E Art Gallery is an art studio, which includes painting and figurative drawing classes, painting canvas, commissioned artwork, and Body Art. Savaanah Gallegos and Edgar Aguirre are the owners and employees of E Art Gallery, whom are certified, licensed professionals and adhere to standards set by OSHA and particular guidelines and state laws. Hours open to the public will be set from 1000-2000, Monday to Sunday, and mostly operated by appointment. Thank you for your time and consideration. Best Regards, ~~~ Savaanah Gallegos Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 21 t-• -~ P-.fl. Ga.\\et'l '£ PARED FOIi ORANGE ' DEPT. PURPOSES ON/. r. KES NO GUARANTEE AS TO 1/1 ASSIJJES ANY LIABILITY NOT TO BE R£PRODIJCEO. 'RVEO. NG£ COUNTY ASSESSOR 201 7 ' GOI.D£lfiOO i i \ ll HEL /OTROPE ~ 181 ]! • J: -~ (J4 TH AV£.) ta "·"· J-42 "·"· 14-40, 41 P.M. 259-15, 261-41, 275-16, 112-42, 111-27 P.M. 136-19, 148-41, 160-46, 169-18, 378-22 P,M, JB0-4J, JB1-J, JBl-4J, JBB-15 ) '1/} NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES l CORONA DEL MAR TRACT NO, 123 PARCEL IIAP PARCEL IIAP PARCEL IIAP ----------------------~--------------liil ] •-. I .l J i AVENUE "" I 1~··· ~.::,-;v ;;~ ! •~I iJ'',, ') ... ..... ..,,., I ,1111,a • .'I •i'-• ,, ... ., ........ ' it it . . ., . . I I ' I~ ., ® 0 ee 0 00 ® e 0• ¥: '~ ii! f!~ "' • :.: iii:"' Iii . 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F· !"· I-1=-r.i · I DONNA'tRAl)JPS~f APS DATE: t -;,/./;) -L 684 S GENTRY LAN ANAHEIM CA 92807 t ii I : !ii 1! i' • I Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 2 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov General Information A Conditional or Minor Use Permit is required for uses typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. Examples are restaurants, animal hospitals, carwash and car rental facilities, gas stations, nightclubs, and accessory dwelling units. The use tables in Part 2 of the Zoning Code specify whether a use is allowed, prohibited, or requires approval of a use permit. Justifications and Findings Chapter 20.52 of the Zoning Code authorizes the Planning Commission or the Hearing Officer to approve, conditionally approve, or disapprove applications for a Conditional Use Permit; and the Zoning Administrator to approve, conditionally approve, or disapprove applications for a Minor Use Permit. To approve or conditionally approve a use permit, the hearing body must make the following findings provided by Section 20.52.020 F. 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g., fire and medical) access and public services and utilities; and 5. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Please note the following: For Conditional Use Permits in Residential Zoning Districts, the findings pursuant to Section 20.52.030.H. must also be made. There is a separate information sheet and application for Residential Care Facilities requiring a Conditional Use Permit. Please speak with a member from the planning department or refer to the application online for more information. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information F:\Users\CDD\Shared\Admin\Planning_Division\Applications\UP\Info.docx Updated 3/11/13 Application Requirements 1. A completed Planning Permit Application for a Minor Use Permit or Conditional Use Permit (attached). 2. One (1) copy of a Preliminary Title Report not more than six (6) months old from the date the application will be submitted that identifies the legal description of property. 3. Project Description and Justification A written statement describing the proposed project in detail. This document will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application and the required findings pursuant to Section 20.52.020 F, which are noted on the previous page. The pertinent information should include the following information related to the existing and proposed use of the project site: Lot Area Building/Lot Coverage (%) Number of Seats Lot Width Building Height (ft) Dwelling Units Lot Depth Landscaping (%) Hours of Operation Setbacks Paving (%) Use Gross Floor Area (sq. ft.) Parking ___________________ Floor Area Ratio Number of Employees ___________________ 4. Public Noticing Requirements. Please refer to the Planning Division’s handout on Public Noticing Requirements for more information on the application materials required for a public hearing. 5. Plans Minor Use Permit Use Permits requiring Zoning Administrator approval shall be submitted with three (3) standard sets and four (4) reduced sets of plans. Conditional Use Permit Use Permits requiring Planning Commission approval shall be submitted with eight (8) standard sets and one (1) reduced set of plans. Twelve (12) additional sets (size to be determined) of final drawings (after staff review) will be required prior to the Planning Commission Meeting. All plans shall adhere to the following: Drawn to scale no less than 1/8’ = 1’ Standard size plans are to measure 24”x36” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½”x14” when submitted Reduced size plans are to be measured between 8 ½”x11” to 11”x17” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½“x 11” when submitted Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information F:\Users\CDD\Shared\Admin\Planning_Division\Applications\UP\Info.docx Updated 3/11/13 The Planning Department may require additional material(s) or plan(s) and may modify or waive individual items if deemed appropriate to support the review of the application. Please consult with a planner to determine which items are applicable. The types of plans required may include the following: Plot Plan/Site Plan Plot plans or site plans shall be fully dimensioned and show the following information on the subject property. The plot plan shall show these items abutting the property a minimum of 20 feet from the boundaries of the site: Vicinity map, north arrow, and scale of the plan Existing and proposed property lines Required and proposed front, side, and rear-yard setback lines – measured and dimensioned from property lines Location, name, dimension, and description of all existing and proposed right-of-way lines, dedications, and easements Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open volume areas Any structure(s) to be relocated, removed, or demolished Location, height, and material of existing and proposed walls and fences Location of all trash enclosures and how they will be accessed Location, dimension, description, and number of parking spaces/areas Location, height, size, and materials of existing and proposed signs Existing and proposed grade elevations and any significant natural features An information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) Floor Plans Floor plans shall be fully dimensioned and show the following information: Overall building and individual room dimensions, including square footage calculations All proposed interior walls and partitions Room identification Window and door locations For eating and drinking establishments, provide a furniture layout, including the proposed number of tables and chairs, and the net public area calculated and outlined or shaded. Elevations Elevations shall be fully dimensioned and show the following information: Exterior wall openings, materials, and finishes Roof pitches All roof mounted equipment and screening Heights above grade of all floors, eaves, and ridges Landscape and Irrigation Plans Landscape and irrigation plans shall be fully dimensioned and prepared by a California licensed landscape architect, licensed landscape contractor, certified nurserymen, project architect, or other qualified professional as determined by the Planning Department. The plans shall include the following information: Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Conditional & Minor Use Permit Information F:\Users\CDD\Shared\Admin\Planning_Division\Applications\UP\Info.docx Updated 3/11/13 Location of the planning area(s); Number and types of plants to be used, specifying the common names, botanical names, size at installation, and spacing; Sprinkler layouts, moisture sensing devices, and controller types. Please refer to Chapter 20.36 (Landscape Standards) for additional information Optional Materials Materials board (specifications and samples of type, color and texture of proposed construction materials) Color photographs of the subject and adjacent properties Food and/or beverage menus Link to website Dock and/or Bulkhead Projects All dock and/or bulkhead projects shall be fully dimensioned and show the following information on the subject property: Bulkhead, pierhead and project lines Property lines extending into the bay Existing slip and/or bulkhead layout Proposed slip and/or bulkhead layout Table describing number of existing and proposed slips/side-ties and corresponding size of vessel associated with each slip /side-tie Location of piles Table describing number and size (diameter) or existing and proposed piles Location of ADA compliant gangway if applicable 6. Filing Fee A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The Planning Department will advise you of said fee. 7. Electronic Copy All of the above submittal items are required to be submitted in an electronic format (i.e., USB flash drive or CD-ROM) as determined by the Planning Department prior to application submittal. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 3 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) . S' 6. (/)S" m 4' 1.82" / · ~ l ~ TOitOD I kRBA 2' 615@_.._.." ~ 0 i:mr II' 6.66" II II II II II II ~-EA :i II I :1,a--- 11 8' 6.7311 I (/) .36" . 13 I (/). 43" ~----..... llliiii-_. _l l tG\ttM Strr\1\JI/\ #1 } fn_-\-til () .s, \il 1r-1 ()'(\ * 7- E ~~\ 6 f\\ \ery ·212, ~, C OA~T t-tWY S \/\ -\-t \ CY·-i CD'f'D'00\ De.\ N\G\(' 1 CA C\ '}_{_p 2-5 139 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 12-161 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) w , 1 893 R. So- m 1 1 693 R. SQ. FT. ' 796 R. SQ. FT. 15 13 R. SQ. FT.1 1 674 R. K FT. 1620 R GDLAsockrres irr R. SQ. FT. FLOOR SJMMARY 4,668 USABLE SQ. FT. 5,381 RENTABLE SQ. FT. 1.1462 BUILDING FACTOR 1.1291 SINLONNG FACTOR (SUffES 105/106 ONLY) 2721 EAST PACIFIC COAST HIGHWAY CORONA DEL MAR, CA LOWER LEVEL 12-143 380 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) ROOY ART AREA 4 ] I TRAY SINK III ENTRANCE CREATIVE SPACE 0 483 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 12-159 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 521PA2018-177Attachment No. PC 12 - Updated Project PlansPlanning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 522PA2018-177Attachment No. PC 12 - Updated Project PlansPlanning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 4 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 5 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 9'-9"Ø 3'-0"Ø 5'-0" 110 s.f. Occ Load = 20 s.f./person Max Occupants: 4 Accessible circulation space Workable Creative Space11'-6" Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 6 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) • 94 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 7 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 482Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 8 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Make a Free Website with Yola. HomeHome Secret Garden Spa / Secret Garden Spa / Lotus SpaLotus Spa Call: 949-529-1554 or Call: 949-529-1554 or 949-313-4088949-313-4088 Lotus Spa (San Pedro) & Secret Garden Spa (O.C.) are your escapes from stress! Had a hard day? Poor baby! Don't worry, we know how to make you feel better! •Come and relax with one of our beautiful and professional masseuses. •Several massage styles available, tailored to suit your needs. •Convenient and affordable, open 7 days a week. Now two locations to serve you! 639 W. 9th Street #2 San Pedro, CA 90731 949-313-4088 2721 E. Coast Hwy Suite 110, Corona Del Mar, CA 92625 949-529-1554 GRAND OPENINGS!Really, under new management. All new girls! Come and see for yourself! TweetTweet Like 639 W. 9th St. #2, San Pedro, CA 90731 * 2721 E. Coast Hwy Suite 110, Corona Del Mar, CA 92625 http://lotusspa.yolasite.com/Go JUL FEB SEP 28 2013 2014 2015 19 captures 👤⍰❎f 🐦 4 May 2013 - 17 Nov 2018 ▾About this capture Page 1 of 1Lotus Spa 3/16/2019https://web.archive.org/web/20140228063504/http://lotusspa.yolasite.com/ Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Corona del Mar Today: Port Theater seeks to serve alcohol at all-age screenings - Los Angeles Times https://www.latimes.com/tn-dpt-me-0810-cdmtoday-20140809-story html[3/16/2019 7:43:30 PM] four hands, and that the staff is "all Asian." "Had a hard day?" another ad states. "Poor baby! Don't worry, we know how to make you feel better!" An email seeking comment from a company official was not immediately answered. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) * Massage parlor closes following arrest The Secret Garden massage business, where a woman was arrested on suspicion of prostitution on July 30, has closed. "They've actually vacated the office," said Matt Cosylion, a Newport Beach code enforcement supervisor. "They're gone now." The business at 2721 East Coast Highway, with an entrance on Fernleaf Avenue, received a notice after an inspection on Aug. 6 revealed an alleged violation of the city's municipal code. ADVERTISEMENT Page 5 of 11Corona del Mar Today: CdMHS club provides six vests for area police dogs - Los Angele... 3/16/2019https://www.latimes.com/tn-dpt-me-0817-cdmtoday-20140816-story.html Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) A notice was attached to the business on Wednesday, stating that it needed a minor use permit and could be fined $100, $200 or $500 a day unless the business stopped offering massage services. A neighbor had complained to police about the business, which she said drew crowds of men, day and night. Police conducted a sting operation and arrested a 30-year-old Westminster woman on suspicion of prostitution. The woman was charged Wednesday with a single misdemeanor count of prostitution, and her arraignment is scheduled for Sept. 11. Cosylion said that massage businesses in Newport Beach must obtain minor use permits, which the Secret Garden business did not have. Business representatives told city staff that they were not going to try to obtain the permit from the city's zoning administrator and instead would close. A company spokesman said in an email that they may reopen in another location in Newport Beach or in another city. "I believe people need professional work," said Weihua Zhang, adding that the company employs 20 masseuses and aestheticians. "They are nice and work hard," Zhang said. "We can't blame the worker who caused problem for us, but we will be strict with all the workers." * Meetings for CdM entryway Two meetings have been scheduled this month to discuss a Corona del Mar entryway plan, City Councilwoman Nancy Gardner announced. The meetings will be held at 6 p.m. Wednesday in the Community Room at the Civic Center and at 9 a.m. Thursday at the Bungalow Restaurant, Gardner said during Tuesday's Council meeting. SPRING SALE |  3 FREE C SPRING SALE! Get 3 FRE Page 6 of 11Corona del Mar Today: CdMHS club provides six vests for area police dogs - Los Angele... 3/16/2019https://www.latimes.com/tn-dpt-me-0817-cdmtoday-20140816-story.html Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 9 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 10 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) CONSTRUCTION GUIDELINES FOR Body Art Facilities County of Orange Health Care Agency Public Health Services, Environmental Health 1241 E. Dyer Road, Suite 120, Santa Ana, CA 92705 Phone (714) 433-6000    Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Introduction This construction guide is for any person wanting to construct or remodel a body art facility that performs tattooing, permanent cosmetics, body piercing or branding. Any other body art facility, such as nonpermanent application of pigment (e.g. henna), and/or the piercing of an ear with a disposable, single-use, pre-sterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear is not covered in this guide. Plan Check Process Overview Plan Submittal Before beginning any construction or remodeling work, you must submit three (3) copies of detailed plans/blueprints and specifications to the Environmental Health office (see below for plan specifics). The plans may be prepared by an architect, draftsperson, contractor, or owner. All plans must be drawn in a professional manner encompassing all applicable requirements of this construction guide. In addition, you must be sure that local cities and jurisdictions will allow the facility to be constructed at that location. Plan Check Fee When your plans are submitted, a plan check fee must be paid. Current fee schedules are available on our website at http://ochealthinfo.com/eh/bodyart and by request. Remodels of body art facilities also require plan review and submittal of the associated fee. A remodel is any construction or alteration to an existing body art facility. Remodeling also includes repairs to a body art facility which alters its configuration or method of operation. Installing a body art facility in a new structure or in an empty building is new construction. If you are starting from a former body art facility that does not meet current Safe Body Art Act Standards, a plan check for the facility will be required prior to operation. If you have any questions, please contact this Agency at (714) 433-6000 and ask to be connected to the body art district inspector for your area. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Initial Plan Review Plans that are submitted will be reviewed and approved as submitted, approved with corrections, or denied. In order for plans to be approved, they must include all the information regarding structural requirements that are listed in this guide, and the plans themselves must be drawn to scale (e.g., ¼″ = 1′), using non-erasable ink or print (no pencil). Your plans must include: o Floor plan with plumbing and fixtures. o Finish schedule for walls, ceilings, floors, and base coves that indicates the type of material and surface finish. Samples of proposed finish materials may be required. o Remodel plans must identify all proposed changes to existing structures, spaces, and equipment. o A site plan showing all areas including the proposed procedure area, and decontamination and sterilization area. o A list of any equipment to be used at the facility such as single use wall mounted touchless paper towel dispensers, soap dispensers, wall mounted sharps containers, and steam sterilizer (autoclave). Approval or Denial If the plans you submitted do not contain all the information in order to meet the Safe Body Art Act requirements, additional information will be needed and the plans may have to be revised before approval is granted. If your plans do meet all the requirements, your plans will be marked with approval stamps and you will be given back two sets of the originals that you submitted. Your plans may need to be reviewed by your city building department for further approvals. One of these copies must be kept at the job site until the end of the construction/remodel project. It is only after you receive the approval of your plans by both the county and city (if required) that you can begin construction/work at your facility. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Modification of Plans If any changes are proposed to the plans after approval, they must be reviewed and re-approved by this Agency prior to being implemented. Preliminary Inspection When construction is approximately 75% to 80% completed, you must call your inspector (the person indicated on your approved plans) for a preliminary construction inspection. Requests should be made at least two (2) working days prior to the date of inspection requested. The preliminary inspection is usually scheduled at least two weeks prior to the proposed opening of the body art facility. Note that approved materials and approved workmanship are significant factors in the evaluation and field approval of body art facility construction and equipment installation. Final Inspection Upon completion of 100% of the construction, including all finishing work, you must call your inspector to arrange for a final construction inspection. Contact your inspector at least two (2) working days in advance for an appointment for the final inspection. Issuance of Permit When your facility has passed the final construction inspection and the facility is in compliance with all Safe Body Art Act requirements, you will be issued a Health Permit and you are then able to open for business or begin using the newly remodeled areas of your business. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177)   GENERAL CONSTRUCTION REQUIREMENTS 1. FLOORS, WALLS, CEILINGS a. Floors, walls, and ceilings in procedure areas, restrooms and decontamination and sterilization areas shall be smooth, free of open holes, and washable. 2. GENERAL PURPOSE a. Provide a water heater which is capable of constantly supplying hot water at a temperature of at least 120°F to all sinks and other cleanup facilities. b. Be free of insect and rodent infestation. 3. PROCEDURE AREAS a. Procedure areas must be equipped with adequate lighting. c. Procedure areas must have a wall or ceiling to floor partition from any nail and hair activities. d. All procedure areas must have a sink with hot and cold running water. e. Provide single use paper towels that are dispensed from a wall-mounted, touchless dispenser that is accessible to the practitioner. f. Provide containerized liquid soap. 4. DECONTAMINATION AND STERILIZATION AREAS (for locations not utilizing only pre-purchased, sterilized single use items) a. Decontamination and sterilization areas must be separated from the procedure area by a space of at least five feet or by a cleanable barrier. b. Decontamination and sterilization areas must have a sink with hot and cold running water. c. Provide liquid soap in a wall mounted dispenser. d. Provide single use paper towels that are dispensed from a wall-mounted, touchless dispenser that is accessible to the practitioner. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177)   5. BODY ART FACILITY WITHIN A RESIDENTIAL DWELLING a. Provide separation from residential areas used for sleeping, bathing, and meal preparation. b. Provide a separate entrance and toilet facility. c. Eliminate any door that allows direct access between the body art facility and the residential dwelling. Notes: 1. Sterilization of reusable instruments shall be accomplished by steam autoclave only. No other methods will be accepted. 2. Sharps containers must be maintained within arm’s reach of the practitioner in the procedure and decontamination and sterilization areas. In addition, all sharps containers must be properly labeled, and sent for disposal by approved methods. 3. Procedure and decontamination and sterilization areas must have lined waste containers. Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) EXHIBIT 11 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) “e Art Gallery” Doing Business Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Go to Home Elekkstasy is on Facebook. To connect with Elekkstasy, log into Facebook. Log In or Join Previous Next Elekkstasy @elekkstasy 2015 4' x 4' Acrylic on Canvas **Hiii, I am making space in my art gallery in Newport Beach & selling pieces of my art from $20- $600. DIRECT MESSAGE if you'd like to view what is available- Thank youuuu! Dec 21, 2018 · Public · in Timeline Photos View Full Size Page 1 of 1Elekkstasy - @elekkstasy 2015 4' x 4' Acrylic on Canvas **Hiii, I am making space in m... 3/16/2019https://m.facebook.com/1148866878497514/photos/a.1205356669515201/2114049935312... Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 🖤🖤 ( @elekkstasy ) 2 OPEN CHAIRS for my 3 HOUR Live Figurative Drawing Session on Sunday September 23rd, at my gallery in NewPort Beach! Contact Me Directly: contact@elekkstasy.com To Join Us! $20 minimum donation to Female Model. Newport Beach, California 8:16pm 09/18/2018 6 111 Show 🖤🖤 ( @elekkstasy ) Stories and Highlights Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) 2 OPEN CHAIRS for my 3 HOUR Live Figurative Drawing Session on Sunday September 23rd, at my gallery in NewPort Beach! Contact Me Directly: contact@elekkstasy.com To Join Us! $20 minimum donation to Female Model. Tweet Download Images 🖤 ( @elekkstasy ) Share 0 Pictame Online Instagram Posts Viewer Search instagram hashtag or username Got it!This website uses cookies to ensure you get the best experience on our website. Learn more Got it!This website uses cookies to ensure you get the best experience on our website. Learn more Got it!This website uses cookies to ensure you get the best experience on our website. Learn more Got it!This website uses cookies to ensure you get the best experience on our website. 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Learn more Page 1 of 52 OPEN CHAIRS for my 3 HOUR Live Figurative Drawing Session on Sunday Septemb... 3/16/2019https://www.pictame.com/media/1871345756507857604_31016424 Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3d Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) From:Crager, Chelsea To:Lippman, Tiffany Subject:FW: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA Date:Tuesday, March 26, 2019 2:47:21 PM Attachments:image003.png Pages from Cnb permit history 2721 Coast Hwy E.pdf From: melinda@melindaluthinlaw.com <melinda@melindaluthinlaw.com> Sent: Thursday, March 21, 2019 4:36 PM To: Zak, Peter; Weigand, Erik; Lowrey, Lee; Ellmore, Curtis; Kleiman, Lauren; Koetting, Peter; Kramer, Kory Subject: RE: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA Dear Chairman Zak and Members of the Newport Beach Planning Commission: I am sending you some of the permit history on 2721 E. Coast Highway that indicates that the parking was removed from this building in violation of the Code at the time.  According to these documents, sometime in 1983-1984, the previous owner had a building permit for tenant improvements but at the same time, he attempted to convert, without a permit, the garages and parking to commercial and/or residential space.  A stop work order was issued, the building permit for the tenant improvements was revoked.  At some point the conversion was finished, which took away the parking.  No permit ever issued to take away the parking and it was secretly completed sometime after the stop work order issued.  Although it is the Applicant’s responsibility to show that the parking complied with a previous zoning code, I send you this information to show that the Applicant cannot show this, because the parking has been illegal since it was built over.   Thank you. 2721 East Coast Highway, Suite 201 Corona del Mar, CA 92625 (949)673-1161 www.melindaluthinlaw.com Melinda Luthin Law | Corona del Mar | Orange County | California | (949) 673-1161 - home www.melindaluthinlaw.com Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Melinda Luthin Law, a general practice firm in Corona del Mar, Orange County, California. We take a genuine interst in your legal matters and provide personalized, passionate and informed counsel at a reasonable price.   From: melinda@melindaluthinlaw.com <melinda@melindaluthinlaw.com>  Sent: Thursday, March 21, 2019 1:01 AM To: 'pzak@newportbeachca.gov' <pzak@newportbeachca.gov>; 'eweigand@newportbeachca.gov' <eweigand@newportbeachca.gov>; 'llowrey@newportbeachca.gov' <llowrey@newportbeachca.gov>; 'cellmore@newportbeachca.gov' <cellmore@newportbeachca.gov>; 'lkleiman@newportbeachca.gov' <lkleiman@newportbeachca.gov>; 'pkoetting@newportbeachca.gov' <pkoetting@newportbeachca.gov>; 'kkramer@newportbeachca.gov' <kkramer@newportbeachca.gov> Subject: Objection to Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA   Dear Chairman Zak and Members of the Newport Beach Planning Commission: Thank you for the opportunity to comment on the Minor Use Permit Application of E Art Gallery/Savaanah Gallegos Re: 2721 East Coast Highway, Corona del Mar, CA.  I apologize for the late comments, but it took me a long time to prepare my comments.  As you know, although I have no opinion as to the appropriateness of a tattoo parlor in CdM, I strongly object to the proposed location, as it does not meet the required standards for the health, safety and welfare of tattoo customers, other tenants in the building, or their guests and customers.  Please review my attached comments and also please review the letter that I sent to the City Counsel opposing Ms. Gallegos’s appeal of your earlier denial of her application.    Your December 2018 decision to deny the permit application was correct.  I appreciate the time and effort you have put into this matter and I look forward to your upholding your original correct decision.     Thank you, Melinda   2721 East Coast Highway, Suite 201 Corona del Mar, CA 92625 (949) 673-1161 www.melindaluthinlaw.com Melinda Luthin Law | Corona Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) del Mar | Orange County | California | (949) 673-1161 - home www.melindaluthinlaw.com Melinda Luthin Law, a general practice firm in Corona del Mar, Orange County, California. We take a genuine interst in your legal matters and provide personalized, passionate and informed counsel at a reasonable price.   Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission - March 21, 2019 Item No. 3e Additional Materials Received After the Deadline E Art Gallery Appeal (PA2018-177) Planning Commission Meeting March 21, 2019 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Application for tattoo service submitted on July 30, 2018 Application for tattoo services only 2 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Planning Commission denied on December 6, 2018 Applicant appealed on December 20, 2018 City Council referred back to Planning Commission on February 26, 2019 3 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) 513 square feet 10:00 a.m. –8:00 p.m. Tattoo by appointment only, 2 artists Art instruction and classes 4 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) 2721 E. Coast Hwy 5 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) 2721 E. Coast Hwy 6 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Newport Beach Zoning Code Personal Service, Restricted Tattoo/piercing, healing arts, tanning salons, day spas State Law California Safe Body Art Act Federal Law Meets First Amendment as “forms of pure expression” 7 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts 8 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Applicant/Appellant Project Plans Adult Oriented Business 9 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) 10 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Nonconforming Structure Orange County Health Regulations Parking 11 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Example uses permitted by-right with same parking requirement: Fitness Studio Barber Shop Beauty Parlor Retail 12 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Fictitious Business Name Personal Services, Restricted Minor Use Permit Findings 13 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) 14 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) Conduct a public hearing Find Project Categorically Exempt from CEQA Reverse the previous decision of the Planning Commission and approve the appeal of Minor Use Permit No. UP2018-014 (PA2018-177) 15 Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218) For more information contact: Chelsea Crager, Associate Planner 949-644-3227 ccrager@newportbeachca.gov www.newportbeachca.gov Planning Commission - March 21, 2019 Item No. 2f Additional Materials Presented At Meeting Mesa Drive Townhomes (PA2017-218)