HomeMy WebLinkAbout04_Rainbow, Inc. Body Piercings Minor Use Permit_PA2023-0007CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 30, 2023
Agenda Item No. 4
SUBJECT: Rainbow Inc. Body Piercings (PA2023-0007)
▪Minor Use Permit
SITE LOCATION: 3800 East Coast Highway
APPLICANT: Bruce Kusada on behalf of Rainbow Inc.
OWNER: Kuish Collection, LLC
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CC (Corridor Commercial)
•Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a minor use permit to operate a body piercing studio (Personal Services,
Restricted land use) in conjunction with a jewelry retail store. The project involves the
occupancy of an approximately 395-square-foot commercial suite with one (1) chair and one
(1)employee for the body piercings that will be performed in a separate closed room. The
proposed hours of operation are 10:00 a.m. to 10:00 p.m., daily. No construction is
proposed.
RECOMMENDATION
1)Conduct a public hearing;
2)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, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving the Minor Use Permit
(Attachment No. ZA 1).
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Rainbow Inc. Body Piercings (PA2023-0007)
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DISCUSSION
• The proposed body piercing studio in conjunction with a proposed jewelry retail
store will be located within an existing commercial building located on East Coast
Highway between Poppy Avenue and Hazel Drive. The proposed use is a
commercial use intended to serve nearby residents of Corona del Mar as well as
visitors to the city.
• The project site is in the CC (Commercial Corridor) Zoning District and the CC
(Corridor Commercial) General Plan Land Use that 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. While the tenant space in the
existing commercial building is adjacent to residential neighborhoods, the existing
building is oriented towards East Coast Highway where the properties fronting East
Coast Highway are also in the CC (Commercial Corridor) Zoning District to provide
a range of commercial uses to serve nearby residential neighborhoods. The
proposed use is consistent with the Zoning District and General Plan Land Use.
• The proposed jewelry retail store is a permitted use in the CC Zoning District.
However, the body piercing studio is classified as a Personal Services, Restricted
land use and is allowed subject to a minor use permit in order to disperse the use
from other similar uses in this land use category to minimize potential adverse
impacts.
• The applicant proposes the jewelry retail store and body piercing studio within an
existing 395-square-foot tenant space on the second floor. The requested hours
of operations are between 10 a.m. and 10 p.m., daily. No late hours (past 11 p.m.)
or alcohol service are proposed as part of this application.
• The jewelry retail store is the primary use of the tenant space and the body piercing
studio is an ancillary service. The body piercing will be performed in a private
piercing room with one (1) exam table for the customer. The sales and reception
area will have a seated customer waiting area.
• The proposed use is surrounded by a range of commercial uses, which includes a
hair salon, tailor, florist, and martial arts studio on the same property. The northern
adjacent property along East Coast Highway is a bank and the southern adjacent
property along East Coast Highway is a pet salon. The proposed use provides a
different commercial service for nearby residents and the surrounding village of
Corona del Mar.
• The project site is nonconforming because it does not provide the required number
of parking spaces. However, Section 20.38.06.B of the Newport Beach Municipal
Code (NBMC) indicates that a use may be changed to a new use without providing
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Zoning Administrator, March 30, 2023
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additional parking provided no intensification or enlargement occurs and the new
use requires a parking rate of no more than one (1) space per 250-square-feet of
gross building area. The previous uses were professional office and retail sales
which requires a parking rate of one (1) space per 250-square-feet and the
proposed retail sale and personal services use requires a parking rate of one (1)
space per 250-square-feet. Therefore, the project would not result in an
intensification that requires additional parking pursuant to Section 20.38.060(B).
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, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed project does not involve construction changes to the
existing tenant space.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
____________________________
Jenny Tran, Assistant Planner
LAW/jt
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Rainbow Inc. Body Piercings (PA2023-0007)
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
MINOR USE PERMIT FOR A BODY PIERCING STUDIO
(PERSONAL SERVICES, RESTRICTED LAND USE) IN
CONJUNTION WITH A JEWELRY RETAIL STORE LOCATED AT
3800 EAST COAST HIGHWAY (PA2023-0007)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Bruce Kusada of Capital RE Group on behalf of Danny
Quintana and Rojelio Rodriguez of Rainbow Inc. with respect to property located at 3800
East Coast Highway, and legally described as Lots 50 and 51 of Block B of Tract No. 673,
requesting approval of a minor use permit.
2.The applicant requests a minor use permit to operate a body piercing studio (Personal
Services, Restricted land use) in conjunction with a jewelry retail store. The project involves
the occupancy of an approximately 395-square-foot commercial suite with one (1) chair
and one (1) employee for the body piercings that will be performed in a separate closed
room. The proposed hours of operation are 10:00 am to 10:00 pm, daily. No construction
is proposed.
3.The subject 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 subject property is not located within the coastal zone.
5.A public hearing was held on March 30, 2023, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
2.This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed project includes the operation of a body piercing
studio and no construction is proposed within the existing tenant space.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts
in support of such findings are set forth:
Finding:
A.The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1.The General Plan Land Use category for this property is CC (Corridor Commercial), which
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.
2.The proposed jewelry retail store and body piercing studio is a retail and personal service
use that is consistent with the land uses permitted within this land use designation. The use
is intended to serve nearby residents of Corona del Mar as well as visitors to the city.
3.The proposed jewelry retail store and body piercing studio is in an existing commercial
building with a variety of commercial uses. While the tenant space is adjacent to residential
neighborhoods, the building is oriented towards East Coast Highway where the properties
fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District.
4.The subject property is not part of a specific plan area.
Finding:
B.The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1.The jewelry retail store is a permitted use in the CC (Commercial Corridor) Zoning District.
The body piercing studio (Personal Services, Restricted) is permitted with the approval of a
minor use permit. A minor use permit is required as the restricted uses may tend to have a
blighting and/or deteriorating effect upon surrounding areas and may need to be dispersed
from other similar uses to minimize adverse impacts.
2.A tanning salon (Personal Services, Restricted) is located approximately 315-feet from the
proposed body piercing studio. The surrounding commercial uses are primarily retail, food
service, beauty shops, and other commercial uses not classified as Personal Services,
Restricted. Although not a Personal Services, Restricted land use, the nearest massage
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Zoning Administrator Resolution No. ZA2023-###
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business is located approximately 580-feet from the property. Therefore, the use is
dispersed from similar uses that may create adverse impacts.
3. The project site is nonconforming because it does not provide the required number of
parking spaces. However, Section 20.38.06.B of the NBMC indicates that a use may be
changed to a new use without providing additional parking provided no intensification or
enlargement occurs and the new use requires a parking rate of no more than one (1) space
per 250-square-feet of gross building area. The previous uses were professional office and
retail sales which require a parking rate of one (1) space per 250-square-feet and the
proposed retail and personal services use requires a parking rate of one (1) space per 250-
square-feet. Additionally, no enlargement of the space is proposed. Therefore, the project
would not result in an intensification that requires additional parking pursuant to Section
20.38.060(B).
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 proposed jewelry retail store and body piercing studio is located within an existing
tenant space that is compatible with the surrounding uses including retail commercial uses.
2. The existing commercial building is oriented towards East Coast Highway and facing away
from the adjacent residential neighborhoods. The surrounding properties fronting East
Coast Highway are also in the CC (Commercial Corridor) Zoning District to provide a range
of commercial uses to serve nearby residential neighborhoods. The nearest residential
dwelling is approximately 65 feet from the subject building and separated by a parking lot.
3. The applicant is proposing the hours of operations between 10 a.m. to 10 p.m., daily with
no walk-ins or appointments after 9:30 p.m. The project does not propose late hours (past
11 p.m.) which will minimize any disturbance to residences nearby the property.
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 located on East Coast Highway between Poppy Avenue and Hazel
Drive, which is a busy commercial corridor with heavy vehicular traffic and pedestrian
activity. The parking lot is located at the rear of the property and is conveniently located for
patrons and employees. Vehicular access to the parking lot is available via an alley in the
rear of the property that is accessible from both Poppy Avenue and Hazel Drive. The
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proposed jewelry retail store and body piercing studio is not expected to result in increased
vehicular and pedestrian traffic that would negatively impact access.
2. The proposed use will occupy an existing tenant space in an existing commercial building
serviced by all necessary utilities. No construction is proposed as part of this project. The
design, location, shape, size, and operating characteristics of the use are compatible with
the existing retail, personal services, personal improvement establishment (martial arts
studio) uses on the site and within the surrounding areas.
3. The Life Safety Services Division (Fire Department) has reviewed the project to ensure
adequate public and emergency vehicle access is provided and does not have any
concerns with the proposed use.
Finding:
E. 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.
Facts in Support of Finding:
1. The proposed jewelry and retail store and body piercing studio has been reviewed and this
resolution includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The business
operator is required to take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the subject property and adjacent properties during business hours, if directly related to
the patrons of the establishment.
2. The proposed use has been conditioned with typical daytime and evening hours of
operation that will minimize any detriment to the surrounding area. Condition of Approval
No. 5 limits walk-ins and appointments to no later than 9:30 p.m. (daily) to ensure that the
business is closed by 10:00 p.m.
3. The applicant shall comply with all applicable state, County, and City Health and Human
Services regulations including, but not limited to, the State Safe Body Art Act regarding the
establishment and operation of business engaged in body piercing. Staff performing body
piercings shall be registered and licensed with the Orange County Health Department and
said license shall be made available upon request of the City’s Code Enforcement Division
at any time.
4. The proposed use does not include late hours (past 11 p.m.) or alcohol service. The use
does not increase the parking requirement and no construction is proposed within the
existing tenant space. Based on these facts, the proposed use will not result in a detriment
to the existing retail, service, and residential uses of the surrounding area.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant
effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use
Permit, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MARCH 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved floor plans
stamped and dated with the date of this approval (except as modified by applicable
conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. This use permit, as part of PA2023-0007, shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
5. The hours of operation shall be between 10 a.m. and 10 p.m., daily. No walk-ins or
appointments shall be accepted after 9:30 p.m., daily.
6. No alcohol shall be served or offered on-site.
7. All body piercing services shall be conducted within an enclosed room to ensure privacy
from patrons of the establishment and to not be visible to the exterior of the business.
8. Each operator of the body piercing services shall comply with all applicable state, County,
and City Health and Human Services regulations including, but not limited to, the State
Safe Body Art Act.
9. Each operator of the body piercing service shall be registered and licensed with the Orange
County Health Department and said license shall be made available upon request of the
City’s Code Enforcement Division at any time.
10. The facility shall be maintained in a safe and sanitary condition.
11. This use permit may be modified or revoked by the Zoning Administrator 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.
12. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require subsequent review and approval of the Planning
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Division. Depending on the nature of the request, an amendment to this minor use permit
or the processing of a new use permit.
13. If construction or alterations are proposed that would require a building permit, a copy
of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into
the Building Division and field sets of plans prior to issuance of the building permits.
14. The applicant shall pay any unpaid administrative costs associated with the processing
of this application to the Planning Division.
15. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16. 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.
17. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday.
Noise-generating construction activities are not allowed on Saturdays, Sundays or
Holidays.
18. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
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 20 feet of the premises.
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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 Title 14, including all future amendments (including Water Quality
related requirements).
22. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
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
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of Rainbow Inc. Body Piercings including, but not limited to, Minor Use
Permit (PA2023-0007). 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.
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Minor Use Permit
(PA2023-0007)
3800 East Coast Highway
Subject Property
15
Attachment No. ZA 3
Project Plans
16
17
18
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Zoning Administrator
From: Jenny Tran, Assistant Planner
Date: March 23, 2023
Re: Item No. 4: Rainbow Inc. Body Piercings Revisions
________________________________________________________________
Staff is requesting that the Zoning Administrator consider the following correction
to the staff report:
1.Handwritten Pages 1, 6, and 15: There is an error in the address for the
proposed body piercing studio. The correct address should reflect “3810
East Coast Highway” instead of “3800 East Coast Highway.” The buildings
are located on the same property and the correction does not affect the
noticing radius for the Notice of Public Hearing.
Enc. Revised Pages 1, 6, and 15
Zoning Administrator - March 30, 2023 Item No. 4a Additional Materials Received Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007)
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 30, 2023
Agenda Item No. 4
SUBJECT: Rainbow Inc. Body Piercings (PA2023-0007)
Minor Use Permit
SITE LOCATION: 3810 East Coast Highway
APPLICANT: Bruce Kusada on behalf of Rainbow Inc.
OWNER: Kuish Collection, LLC
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CC (Corridor Commercial)
Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a minor use permit to operate a body piercing studio (Personal Services,
Restricted land use) in conjunction with a jewelry retail store. The project involves the
occupancy of an approximately 395-square-foot commercial suite with one (1) chair and one
(1) employee for the body piercings that will be performed in a separate closed room. The
proposed hours of operation are 10:00 a.m. to 10:00 p.m., daily. No construction is
proposed.
RECOMMENDATION
1)Conduct a public hearing;
2) 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, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving the Minor Use Permit
(Attachment No. ZA 1).
Zoning Administrator - March 30, 2023
Item No. 4a Additional Materials Received Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007)
VICINITY MAP
Minor Use Permit
(PA2023-0007)
3810 East Coast Highway
Subject Property
Zoning Administrator - March 30, 2023
Item No. 4a Additional Materials Received Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007)
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
MINOR USE PERMIT FOR A BODY PIERCING STUDIO
(PERSONAL SERVICES, RESTRICTED LAND USE) IN
CONJUNTION WITH A JEWELRY RETAIL STORE LOCATED AT
3810 EAST COAST HIGHWAY (PA2023-0007)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bruce Kusada of Capital RE Group on behalf of Danny
Quintana and Rojelio Rodriguez of Rainbow Inc. with respect to property located at 3810
East Coast Highway, and legally described as Lots 50 and 51 of Block B of Tract No. 673,
requesting approval of a minor use permit.
2. The applicant requests a minor use permit to operate a body piercing studio (Personal
Services, Restricted land use) in conjunction with a jewelry retail store. The project involves
the occupancy of an approximately 395-square-foot commercial suite with one (1) chair
and one (1) employee for the body piercings that will be performed in a separate closed
room. The proposed hours of operation are 10:00 am to 10:00 pm, daily. No construction
is proposed.
3. The subject 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 subject property is not located within the coastal zone.
5. A public hearing was held on March 30, 2023, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a
significant effect on the environment.
2. This exemption authorizes minor alterations to existing structures involving negligible or
no expansion of use. The proposed project includes the operation of a body piercing
studio and no construction is proposed within the existing tenant space.
Zoning Administrator - March 30, 2023 Item No. 4a Additional Materials Received Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007)
1
From:Bill Coté <estates@fea.net>
Sent:March 30, 2023 3:21 PM
To:CDD; Tran, Jenny; Kleiman, Lauren
Subject:Proposed Body Piercing
Dear Newport Beach Zoning Administrator;
This correspondence is in response to Rainbow Inc. Body Piercings request for a use permit to
operate a body piercing studio at the property known as 3800 E. Coast Highway, Corona del
Mar.
I would have been on the Zoom call this morning, but I was at my physicians being treated for
Covid 19 as I was diagnosed again with Covid 19.
I have been a resident of Newport Beach for more than 50 years. I have owned property in this
city for more than 50 years. I have been in business in this city for more than 50 years. I have
an abiding love for Newport Beach and do NOT want to see it become like the downtown area
of other coastal Orange County cities.
As a residential property owner at 403 Poppy in Corona del Mar, I strenuously object to this
business operating in this location for the following reasons:
1.The proposed company intends to operate a body piercing studio. History has proven
this will bring into the neighborhood a high number of unsavory people coming and
going at all hours of the day. The parking lot for this business is contiguous to residences
on both Poppy and Hazel, all of them multi‐million dollar homes. There are four
condominiums directly across from the parking lot from 3800 PCH on Poppy and all four
are occupied by single women, one of them my widowed daughter. This kind of business
should not be remotely close to a residential neighborhood, especially where the well
being of single women is concerned.
2.The parking lot for this building is already far too small to accommodate the existing
tenants and their customers during daylight hours. I know because I ran a company for
20 years on the northwest corner of PCH. Parking is a serious problem in Corona del Mar
already but is a major problem for this building. The tenants and their customers in the
3800 PCH building already park in the parking lot of the building at 3748 PCH on a
regular basis and there are only five parking spaces at that site. There are nearly 12,000
Zoning Administrator - March 30, 2023 Item No. 4b Additional Materials Received AFTER DEADLINE Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007)
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square feet in the building at 3800 PCH and far too few parking spaces. Frankly, the City
of Newport Beach would NOT grant permit to build a building of this size to be
constructed today pursuant to the existing parking requirements for a building this size!
3.My city councilwoman, Lauren Klieman, seems to have bought into the notion that this
is a jewelry store which is going to “offer body piercing as an ancillary use” (her words).
Quite the opposite. The name of the company is RAINBOW INC. BODY PIERCING. It is
clear that from their name, they intend to do body piercing and offer “ piercing jewelry”
as an ancillary part of that business. Nobody in his right mind would open a jewelry
store in 395 square feet on the back side of the building with virtually no parking.
Nobody!
4.As you know, there are no streetlights in Corona del Mar and none on this parking lot.
Crime is up in Corona del Mar and if the City allows this business to operate in this
building, I assure you crime in this particular neighborhood will go up even more. I
formerly worked in the City Attorney’s office in Huntington Beach so I have first hand
knowledge of the magnetism that this kind of business brings into the community. It’s
simply NOT the kind of business which should be anywhere close to residences,
especially after the sun goes down. It’s pitch black in that neighborhood when the sun
goes down.
5.It’s outrageous that they would apply to the City to be open from 10 AM to 10 PM. That
is simply a ploy to get the City to “limit” the times they are open with absolutely no
mention of the number of days they intend to be open.
I implore you not to grant this use permit to this applicant. To do so will create problems the
likes of which you and the City Council would NOT want to have in YOUR neighborhood. Thank
you for your consideration.
Sincerely,
William F. Coté
Office: (949) 760-1900
e-mail: estates@fea.net
Zoning Administrator - March 30, 2023 Item No. 4b Additional Materials Received AFTER DEADLINE Rainbow Inc. Body Piercings Minor Use Permit (PA2023-0007)