HomeMy WebLinkAbout2.0_Agape Art Collective Minor Use Permit_PA2017-232SUBJECT:
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 17, 2018
Agenda Item No. 2
Agape Art Collective Minor Use Permit (PA2017-232)
Minor Use Permit No. UP2017-031
SITE LOCATION: 365 Old Newport Boulevard
APPLICANT: Agape Art Collective
OWNER: Newport Medical Center LLC
PLANNER: Liz Westmoreland, Assistant Planner
949- 644-3234, IwestmorelandlcDnewoortbeachca.gov
PROJECT SUMMARY
A request for a minor use permit to operate a tattoo studio (Personal Services, Restricted
land use) and artist's studio within an existing commercial tenant space. The artist's studio
would consist of graphic design, painting, and other mediums such as tattooing.
This project was continued from the April 5, 2018, Planning Commission meeting to allow
staff to work with the applicant and develop conditions of approval to address Commission
concerns and limit operations. This staff report supplements the April 5, 2018, Planning
Commission staff report with the additional information and clarification requested by the
Commission.
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,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2018-016 approving Minor Use Permit No. UP2017-031
(Attachment No. PC 1).
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Planning Commission, May 17, 2018
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VICINITY MAP
Subject Property
j-��
GENERAL PLAN ZONING
i
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
CO -G (General
Commercial Office
OG (Office General)
Commercial building
NORTH
CO -G
OG
Medical building
SOUTH
CO -G
OG
Commercial buildings
EAST
CO -G
OG
Commercial buildings and future
medical building
WEST
PI Private Intuitions
PC -38 Hoag Hos ital
Hoag Hos ital
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The Planning Commission reviewed the project application at its April 5, 2018 meeting,
and unanimously voted (6-0) to continue the item. The Planning Commission expressed
concerns related to the intensity of use and compatibility with the surrounding area. The
Planning Commission requested that staff work with the applicant to identify appropriate
operational conditions or limits. The Planning Commission minutes are included as
Attachment PC 3. Written public comments received prior to the meeting are included as
Attachment PC 4.
The Planning Commission requested additional clarification of the use and expressed
concerns about parking and neighborhood compatibility. Lastly there was a question
about the address for the site.
Clarification of Use
The primary use of the suite is intended to be the applicant's artist's studio that would include
graphic design, painting, and other mediums. An artist's studio is an allowed use permitted
by -right; however, since tattooing is one medium, the proposed studio is classified as a
Personal Services, Restricted land use under the Zoning Code and it requires the approval
of a minor use permit. Without tattooing, the use would be allowed by right.
The proposed art studio will be located within an existing, 885 -square -foot tenant space
located on the second level. No increase in floor area and no tenant improvements are
proposed. Only minor updates are proposed in the space such as painting, carpet
replacement/removal, and the addition of furniture.
The tattooing operation would consist of three workstations. A maximum of three tattoo
artists registered and licensed by the Orange County Health Department would provide
the tattooing services. The artists would operate mostly by appointments with very limited
"walk-in" services. No designated receptionist would be provided.
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 applicant, who also
serves as the primary artist, is currently registered with the Orange County Health Care
Agency. The studio will be subject to inspections to ensure it maintains proper sanitary
facilities and that it meets all applicable health regulations.
To ensure that the tattoo service use remains an ancillary use to the primary use as an
artist studio, staff has added the following condition of approval:
Condition No. 2: The tattoo component shall remain as an ancillary use to the
primary use as an artist's studio.
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Parking
The Planning Commission expressed concerns that the proposed use is located within a
existing commercial area with nonconforming parking and that the proposed operation may
exacerbate parking shortfalls in the area.
It is important to note that Municipal Code Section 20.38.060(B)(1) allows a nonconforming
use 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
per 250 square feet of gross area.
Pursuant to Municipal Code Section 20.40.040 (Off -Street Parking Spaces Required), uses
that require a parking rate of one space per 250 square feet of gross floor area (and that
could occupy the suite without requiring additional parking) include retail uses, personal
service uses (e.g., tattoo studio, beauty salon, barber shop, day spa, etc.), small
heath/fitness facilities (e.g., yoga, Pilates, martial arts, etc.), and take-out service limited food
service uses (6 seats or less). Therefore, the proposed use is consistent with the parking
standards as it does not include an intensification or expansion of floor area and one parking
space is required per every 250 square feet of gross floor area for the proposed personal
service use.
There is a municipal parking lot located south of the 325 Old Newport Boulevard building
with free, open parking. The municipal parking lot contains 28 spaces, with several spaces
marked for two-hour maximum use. The parking lot is located approximately 260 feet away.
Further, there are three parallel parking spaces located along Newport Boulevard on City
property that are available for public use. None of these spaces can be reserved or formally
allocated to adjacent businesses. Refer to the Parking Overview Map in Attachment PC 5.
The following conditions of approval are included to minimize the operation's potential
impact on parking by ensuring operations occur primarily during off-peak parking demand
hours when other commercial uses in the area are primarily closed:
Condition No. 5: To avoid overlapping appointments and minimize parking
demand, a minimum of thirty (30) minutes shall be provided between the individual
tattoo artist's appointments.
Condition No. 7: Between the hours of 10:00 a.m. and 5:00 p.m. daily, a maximum
of one (1) tattoo artist shall operate at one time. In the evening, between the hours
of 5:00 p.m. to 9:00 p.m., daily, the number of tattoo artists operating at one time
shall be limited to two (2).
These limits should effectively reduce parking demands to promote use compatibility.
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Neighborhood Compatibility
To help integrate the proposed use with the surrounding neighborhood and limit nighttime
operations, staff has added the following conditions of approval:
Condition No. 3: The hours of operation for the business shall be limited to 10:00
a.m. to 9:00 p.m., daily. The previous condition was to close by 10:00 p.m., daily.
Condition No. 4: There shall be no appointments or walk-in customers accepted
after 8:00 p.m., daily. The previous condition was to limit the last appointments to
begin no later than 9:00 p.m., daily.
Condition No. 11: All proposed signs shall be in conformance with the provisions
of NBMC Chapter 20.42 (Signs). Any second floor signage would require the
approval of a comprehensive sign program. The existing, unpermitted roof sign shall
be removed prior to operation.
Again, Staff believes these conditions should promote the compatibility of the use. The
applicant has agreed to all the modified conditions suggested in this report.
Address Clarification
A public comment was received at the hearing that revealed an error in the City's mapping
system. This error impacted the vicinity map and Assessor's Parcel Number included in the
previous report. Staff has updated the mapping system to correct the error and revised the
vicinity map and Assessor's Parcel Number in the resolution to reflect the accurate project
location and address. Refer to the revised resolution in Attachment PC 1 and the revised
vicinity map above.
Alternatives
The Planning Commission may suggest specific project modifications or changes to
the conditions 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.
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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 in an existing commercial tenant space.
Public Notice
A revised 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:
Liz Westmoreland, Assistant Planner
ATTACHMENTS
Submitted by:
Jim Campbell
Deputy Community Development Director
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Public Comments
PC 4 Planning Commission Hearing Minutes
PC 5 Parking Overview Map
PC 6 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and
Conditions
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RESOLUTION NO. PC2018-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE
PERMIT NO. UP2017-031 FOR A TATTOO STUDIO (PERSONAL
SERVICES, RESTRICTED USE) LOCATED AT 365 OLD
NEWPORT BOULEVARD (PA2017-232)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Agape Art Collective ("Applicant"), with respect to property
located at 365 Old Newport Boulevard, Assessor's Parcel Number 425-272-01
("Property"), requesting approval of a minor use permit.
2. The Applicant proposes a tattoo studio (Personal Services, Restricted land use) in
conjunction with an artist's studio within an existing commercial tenant space. According
to the Applicant, he specializes in a number of different artistic mediums and tattoos are
only one small aspect of his work. To that end, the Applicant has voluntarily agreed to limit
the number of tattoo artists that may work in his studio during the hours of 10:00 a.m. to
5:00 p.m. to one (1) artist.
3. The Property is designated General Commercial Office ("CO -G") by the General Plan Land
Use Element and is located within the Office General ("OG") Zoning District.
4. The Property is not located within the coastal zone.
5. A Zoning Administrator public hearing was held on February 27, 2018, in the Corona del
Mar Conference Room (Bay E -1st Floor) 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 Zoning Administrator at this hearing. At the
conclusion of the public hearing on this item, the Zoning Administrator referred the
application to the Planning Commission for review.
6. The item was continued at the Planning Commission public hearing on March 22, 2018
due to a typographical error in the public notice. In order to provide adequate notice in
compliance with the NBMC, the item was continued to the April 5, 2018 Planning
Commission public hearing.
7. A Planning Commission public hearing was held on April 5, 2018 in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. The Planning
Commission unanimously voted (6-0) to continue the item to allow time for the Applicant
to work with staff to better explain his project.
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8. A subsequent Planning Commission public hearing was held on May 17, 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 NEMC. 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 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 site is CO -G. The CO -G
designation is intended to provide for administrative, professional, and medical
offices with limited accessory retail and service uses (hotels, motels, and
convalescent hospitals are not permitted). The existing buildings onsite operate as
commercial uses, with primarily retail, food, 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 OG Zoning District. Within NBMC Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements), the OG District
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allows Personal Services, Restricted uses subject to the approval of a minor use
permit. The artist's studio component is permitted by right within the OG Zoning
District.
2. The existing multi -tenant commercial building is considered legal non -conforming
because the Property does not comply with current off-street parking
requirements in the NBMC. NBMC Section 20.38.060(B)(1) allows 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 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 250 square feet of gross floor area.
3. The project site is not located within the coastal zone.
Findincr
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:
The tattoo studio and art gallery will be located within an existing, approximately
885 -square -foot tenant space. No increase in floor area and no tenant
improvements or construction is proposed within or outside of the space. Only
minor updates are proposed such as painting, carpet replacement/removal, and
the addition of furniture.
2. The proposed operation will consist of three workstations. A maximum of three
tattoo artists registered and licensed by the Orange County Health Department
will provide the tattooing services.
3. The artists will operate mostly by appointments with very limited "walk-in"
services. No designated receptionist will be provided. The hours of operation for
the business will be from 10:00 a.m. to 9:00 p.m. daily. Appointments will be
concentrated between the hours of 5:00 p.m. and 9:00 p.m., when surrounding
office uses tend to close. To minimize impacts on parking demand during daytime
hours, the number of tattoo artists operating shall be limited to one until 5:00 p.m.
Also, the project has been conditioned to require at least a thirty (30) minute gap
between individual artist's appointments 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 an art gallery. Its operating characteristics
are similar to other service uses such as barber and beauty shops.
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5. The number of patrons and related traffic would be similar to service uses such
as beauty salons and barber shops, but 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 four tattoo studios currently operating within the City: three on the
Balboa Peninsula and one in Newport Shores. Of the three located on the Balboa
Peninsula, the nearest is Ink Yard Tattoo and Art Gallery located approximately
a half -mile south (+/-2,900 feet) on Newport Boulevard. The English Tattoo
Company is located in Newport Shores along Coast Highway, approximately 1.5
miles northwest from the subject property. Therefore, the proposed project would
not create an overconcentration 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 300 feet of the site. Thus, the proposed project would not create or
perpetuate a cluster of such uses, resulting in 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 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 has operated as a commercial building with mainly service,
restaurant, and retail uses for more than a decade, 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 any construction within or outside of the
space. Only minor updates are proposed in the space such as painting, carpet
replacement/removal, and the addition of furniture. 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.
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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:
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 primary artist is registered with the Orange County Health Care
Agency. The studio will be subject to inspections to ensure it maintains proper
sanitary facilities and that it meets all health regulations.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby approves UP2017-031,
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 17TH DAY OF MAY, 2018.
AYES:
NOES:
ABSTAIN
ABSENT:
BY:
Peter Koetting, Chairman
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BY:
Erik Weigand, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
PLANNING
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 artist's
studio.
3. The hours of operation for the business shall be limited to 10:00 a.m. to 9:00 p.m., daily.
4. There shall be no appointments or walk-in customers accepted after 8:00 p.m., daily.
5. To avoid overlapping appointments and minimize parking demand, a minimum of thirty
(30) minutes shall be provided between the individual tattoo artist's appointments.
6. There shall be no admittance of anyone under the age of 18, unless accompanied by an
adult.
7. Between the hours of 10:00 a.m and 5:00 p.m. daily, a maximum of one (1) tattoo artist
shall operate at one time. In the evening, between the hours of 5:00 p.m. to 9:00 p.m,
daily, the number of tattoo artists operating at one time shall be limited to two (2).
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 (three 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 including the balcony.
11. All proposed signs shall be in conformance with the provisions of NBMC Chapter 20.42
(Signs). Any second floor signage would require the approval of a comprehensive sign
program. The existing, unpermitted roof sign shall be removed prior to operation.
12. Use Permit No. UP2017-031 shall expire unless exercised within 24 months from the date
of approval as specified in NEMC Section 20.54.060(A), unless an extension is otherwise
granted.
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13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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 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.
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. Storage outside of the building in the front or at the rear of the Property (including the
balcony) shall be prohibited, with the exception of the required trash container
enclosure.
23. 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
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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.
24. This approval shall expire and become void unless exercised within 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.
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 Agape Art Collective including, but not limited to, Use Permit No. UP2017-031
(PA2017-232). This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
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Attachment No. PC 2
Draft Resolution for Denial
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RESOLUTION NO. PC2018-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH DENYING MINOR USE PERMIT NO.
UP2017-031 FOR A TATTOO STUDIO (PERSONAL SERVICES,
RESTRICTED USE) LOCATED AT 365 OLD NEWPORT
BOULEVARD (PA2017-232)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Agape Art Collective, with respect to property located at 365
Old Newport Boulevard, Assessor's Parcel Number 425-272-01, requesting approval of a
minor use permit.
2. The applicant proposes to a tattoo studio (Personal Services, Restricted land use) in
conjunction with an artist's studio within an existing commercial tenant space.
3. The subject property is designated General Commercial Office (CO -G) by the General
Plan Land Use Element and is located within the Office General (OG) Zoning District.
4. The subject property is not located within the coastal zone.
5. A Zoning Administrator public hearing was held on February 27, 2018 in the Corona del
Mar Conference Room (Bay E -1st Floor) 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. Evidence, both written and oral, was presented to, and
considered by, the Zoning Administrator at this hearing. At the conclusion of the public
hearing on this item, the Zoning Administrator referred the application to the Planning
Commission for review.
6. A Planning Commission public hearing was held on April 5, 2018 in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. The Planning
Commission unanimously voted (6-0) to continue the item to allow time for the Applicant
to work with staff to better explain his project.
7. A subsequent Planning Commission public hearing was held on May 17, 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 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.
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SECTION 3. REQUIRED FINDINGS.
The Planning Commission may approve a minor use permit only after making each of the five
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;
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:
07-11-17
24
Planning Commission Resolution No. PC2018-016
Paqe 3 of 3
1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit
No. UP2017-031.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF MAY, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Koetting, Chairman
BY:
Erik Weigand, Secretary
07-11-17
2.5
20
Attachment No. PC 3
Public Comments
2�
22
Zoning Administrator - February 27, 2018
ITEM NO, 6a -ADDITIONAL MATERIALS RECEIVED
Agape Art Collective Minor Use Permit (PA2017-232)
February 22, 2018
Community Development Department Permit Center
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Liz Westmoreland
Ref: PA2017-232
Applicant: Agape Art Collective
365 Old Newport Blvd.
Newport Beach, CA 92663
Dear Ms. Westmoreland,
I am contacting you in regards to the Notice of Public Hearing posted on the
building located at 365 Old Newport Blvd. I am a business owner in the complex
and I have several concerns with the proposed opening of a tattoo shop and
tanning salon / skin care / esthetician business at this location.
My main concern is the parking. Currently parking for customers at this location is
extremely difficult. I would assume it takes several hours to get a tattoo and there
is nothing to prevent their customers from parking in front of the other businesses
for several hours. Also, as I understand there are to be 8 tattoo stations, a
tanning salon, and aesthetician services. With that amount of services, with staff
and customers that could add up to approximately 20 people in that unit at one
time. This will only further exacerbate our current parking problems.
My second concern is the hours of operation. It is my understanding that the
hours of operation are from 11 am — 11 pm. All of the businesses in this complex
besides Subway close around 5:00-6:00pm. There are a few very high-end
stores in the complex and there is no security. Since it is a commercial area, at
night it is very quiet and an easy target for vandalism and theft. I am concerned
with tattoo shop clientele loitering at such late hours of business operation.
With Lido Marina just a mile away, this area of Old Newport Blvd. could be great
and revitalized. The owners of this property should be looking for tenants to
enhance this area and I don't see a tattoo shop bringing an added benefit.
Thank you
29
Zoning Administrator -February 27, 2018
ITEM NO. 6b -ADDITIONAL MATERIALS RECEIVED
Agape Art Collective Minor Use Permit (PA2017-232)
To: Westmoreland, Liz; 'Modern Vault'
Subject: RE: Notice of Public Hearing - Agape Art Collective - 365 Old Newport Blvd.
From: Modern Vault[mailto:info@themodernvault.com]
Sent: Tuesday, February 20, 2018 3:49 PM
To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov>
Subject: Notice of Public Hearing - Agape Art Collective - 365 Old Newport Blvd.
Hi Liz,
This email is in regards to the Notice of Public Hearing posted on the building located at 365 Old Newport
Blvd. We are the owners of The Modern Vault, directly next to the entrance of the proposed new business in
the building. As discussed over the phone last week, we have several concerns regarding the proposed opening
of a Tattoo Shop in the front half of the building and a Tanning Salon/Skin Care/Esthetician business at the
back half (facing Newport Blvd) at this location. Our concerns are outlined as follows:
1) There is not adequate parking for either one of these businesses at this shopping center. We have VERY
LIMITED parking at our location, and they are marked as 20 minute parking only. Employees and Store
Owners are strictly instructed to park off-site. There is also significant construction going on across the street
which as limited our tenant parking. Tattoos and skin care can take upwards of 4 hours to complete. This
doesn't allow any parking for any of other businesses in the center if only 2-3 customers are in the building. I
understand in talking to the the new owners, they will notify their customers via their website to park off-site,
but we all know in reality, that will never happen. If someone sees an open spot as close as possible to the
entrance, they will take it and our store is the closest available spot.
2) The type of clientele that a tattoo shop attracts is not conducive to the type of clientele that many of the
businesses in this center cater to and want walking around, especially after dark. We had some serious
problems in the past with a `vape shop' next door including drug usage, empty hypodermic needles in planters,
smoking, drinking at late hours of the night and even drug addicts breaking into businesses and sleeping
overnight. There is documentation on numerous occasions of many of us calling the police to report such
incidents.
3) This building does not have adequate security, lighting and patrol to monitor happenings after dark. Even
though we have asked the property managers and owners of the building to improve on the quality and lighting
and security of our stores, it has fallen on deaf ears. We understand that their hours will be from 11-11. We
sincerely object to any loitering in and around our store after dark. Our plants outside have been killed by
people pouring their drinks in them, and from cigarette butts thrown inside the planters. Smoke from cigarettes
and vaporizers can enter our windows and ruin the high quality home furnishings we have in stock. We cannot
sell items after they have been smoke damaged. Our store and others (Isles Interiors) here in this center have
extremely expensive, high quality home furnishings, sporting goods and inventory that can easily be seen
through the windows.
We have been in this location for over 4 years and have been very successful. This center could be such a draw
to local business, but the type of businesses the management is allowing to come in is less than desirable. That
is something we will have to discuss with management directly. Unfortunately, they don't seem to care much
who their tenants are, they are just looking for someone to sign on the bottom line and pay rent....
30
Zoning Administrator- February 27, 2018
ITEM NO. 6b - ADDITIONAL MATERIALS RECEIVED
Agape Art Collective Minor Use Permit (PA2017-232)
In closing, we are all small business owners and rely on our stores to live. We understand that everyone has a
right to open a business and thrive, and we support each other and other small businesses in the area. We just
don't want this type of business in our quiet, safe location. We OBJECT to allowing the city to permit these
two businesses to operate at this location. Thank you for your consideration.
Regards,
Lisa Cameron, Owner
Shelly Haywood, Owner
The Modern Vault
361 Old Newport Blvd
Newport Beach, CA 92663
949-791-7035
i nfo(oDth emod a rnvau It. com
www.themodernvault.com
www.1stdibs.com/dealers/modern-vault
31
Zoning Administrator- February 27, 2018
ITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
Coast Jewelry Company
1836 Newport Boulevard, Suite A
Costa Mesa, Ca 92627
(949) 650-7581
To Whom It May Concern;
We have been neighbors of Agape Art Collection for 6 years
and during this period of time, Jake Mello and Company, have
been excellent tenants with regards to keeping the parking lot
free of debris, low noise level as well as consideration of other
tenants. They have never created a problem and have aligned
themselves with the other tenants very well. I would have no
reservation in recommending Jake Mello. Please feel free to call
should questions arise. Thank You.
L
Donald J.
2/? -7/2018
32
Zoning Administrator- February 27, 2018
oftITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
Broodwoy Chiroproctic
Charging toword health
02/26/2018
To Whom it May Concern,
My name is DI. Todd Spicer and I am one of the doctors Here at Broadway Chiropractic. We share the
parking lot with Jake Mello and his Tattoo shop. We have shared the parking lot for years now and have
never had a problem with him or his customers. He runs a respectful Christian tattoo business. If you
have any questions feel free to call me at 949-574-7700.
Yours in heap
W�
Dr. Todd Spicer D.C.
125 Broadway, Costa Mesa, California 92627 . Phone (949) 548-9511 . Fax (949) 548-2622
www.broadwaychiropractic.net 33
Email: 125b roa d wa y c h i ro@g m a i I. c o m
Zoning Administrator- February 27, 2018
ITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
To Whom it May Concern:
As a proud resident of Orange County, I proudly support the opening of Agape art Collective.
The art and creativity that Agape would provide to the community is of the upmost highest end
in the industry. They have incredible integrity and value their respected client base. I myself
have been a client of Agape's owners for nearly a decade and have experienced their hospitality
and their customer service firsthand. Agape art Collective would be a great addition to the City
of Newport Beach and will bring along with it great and talented artist.
Sincerely,
Arnulfo Hernandez
Zoning Administrator- February 27, 2018
ITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
February 25, 2018
To whom it may concern
I am writing to express my support for the Agape Art Collective opening its doors in the city of Newport
Beach.
I believe having a tattoo art shop in the city will be an asset to Newport Beach. It will not only add
tasteful diversity, but will also help showcase a colorful, yet artistic side to the city. Agape Art Collective
would help increase business for the community and help open up a new section of art businesses in the
area catering to a modern, art -centric population. It would send a message of appreciation for art and
the promotion of talented artists to all. As a millennial art enthusiast/ tattoo aficionado and being a
lifelong resident of Orange County, i would appreciate having a shop such as this in my neighborhood. I
know that the quality of work and the artists to be found at Agape Art Collective would be unique and
embracing of the spirit of Newport Beach!
Sincerely,
Nelia I. Pineda
(714)276-7135
1117 S. Karen Ave.
Santa Ana CA
15
Zoning Administrator- February 27, 2018
ITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
Hello,
My name is Britni and I support the opening of Agape Art Collective. I think this business would be a
great addition to the city of Newport Beach. It would also be a great contribution to the local art
community.
Sal and Jake are award winning artists at many conventions. Sal has been tattooing for 13 years and Jake
has been tattooing for 11 years. Both have worked in professional tattoo shops their entire careers. They
hold themselves to the highest quality of customer service showing the utmost integrity in how they
execute their business with the clientele and neighboring businesses around them. Both are BBP certified
and registered with the Orange County health department holding a clear understanding of how to
properly handle tattooing clients in the safest way possible as well as relay the appropriate after-care of a
clients new tattoo. Sal and Jake are both looking to open a high-end tattoo studio where they can further
their careers as well as provide and support the local art communities needs in the world of tattoos.
Thank you,
Britni Brown
(714)737-4695
4149 N. Santa Lucia St.
Orange; CA 92865
so
Zoning Administrator- February 27, 2018
ITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
From: Kevin Quick kquick@lee-associates.com
Subject: City Approval
Date: Feb 27, 2018 at 11:12:23 AM
To: Jake Mello jmello85@hotmail.com
Dear Jake,
Ownership and myself wish you the best of luck in your approval from the city of Newport
Beach today. We think you would make a great addition to the center and look forward
to you moving in. Please let ownership or myself know if there is anything we can
provide you.
Sincerely,
Kevin Quick
Kevin Quick
Senior Vice President / Principal
Lee & Associates I Newport Beach
D
949.724.4744
C
949.278.8920
O
949.724.1000
F
949.623.6344
kq
u ick(cD lee-associates.com
/\ LEE &
■r `ASSOCIATES
COMMERCIAL REAL ESTATE SERVICES
Corporate ID 01197433 1 CalBRE 01200856
100 Bayview Cir I Suite 600
Newport Beach, CA 92660
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachments) is intended only for
the use of the intended recipient and may be confidential. If any reader of this communication is not the intended recipient,
unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error,
please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you.
37
Zoning Administrator- February 27, 2018
ITEM NO. 6c - ADDITIONAL MATERIALS RECEIVED AT MEETING
Agape Art Collective Minor Use Permit (PA2017-232)
From:
Info info@houseoftobin.con
Subject:
Letter from House of Tobin
Date:
Feb 27, 2018 at 11:12:20 AM
To:
jake@agapeartcollective.com
To Whom It May Concern,
We would like to highly recommend Jake at Agape Art Collective as new
tenants. We have been tenant neighbors with Jake for almost a year now. We
own a high end salon and share the same parking lot as Jake. His customers
have always been courteous and respectful of our parking and property. He
and his staff are friendly and greeted us immediately when we moved into
the neighborhood. I personally have been in Jake's business and it is very
clean and organized. He runs a professional shop and we are grateful to be
his neighbor.
Julianna Tobin
House of Tobin
1251/2 Broadway
Costa Mesa, Ca 92627
949-432-9808
info@houseoftobin.com
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From: Andy Lingle
To: Planning Commissioners
Subject: Old Newport Blvd. Tattoo shop
Date: Monday, March 19, 2018 8:25:40 PM
Dear Sirs,
Please consider the potential impact on the nearby neighborhood as you weigh the pros and cons of this application.
Thank you,
Andrea Lingle
andylingle@gmail.com
SJ
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From:
Westmoreland, Liz
Sent:
Tuesday, March 20, 2018 8:29 AM
To:
Ramirez, Brittany
Cc:
Achis, Patrick
Subject:
FW: R:Tattoo shop
Public comments received for PA2017-232.
aE� r
t
b
LIZ WESTMORELAND
Community Development Department
Assistant Planner
Iwestmoreland@newoortbeachca.aov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
From: Pat Costello [mailto:patcostello@roadrunner.com]
Sent: Monday, March 19, 2018 6:08 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: R:Tattoo shop
Dear Planning Commission,
Please deny the tattoo shop on Old Newport Blvd. We need another type of business please. I own a property 4 houses
from there and our neighborhood has been dealing with so many issues lately. We don't need to bring in potential
problems. Not saying that all people with tattoos are bad, but I know areas with a tattoo shop can bring in lots of other
people hanging around, etc and often drug or alcohol issues. We are dealing with package thefts, burglaries, car break-
ins, etc. We really don't need to add another potential problem. We want to keep our neighborhood safe for all.
Thanks for your consideration.
Pat Costello
LUO
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From:
Westmoreland, Liz
Sent:
Tuesday, March 20, 2018 8:29 AM
To:
Ramirez, Brittany
Cc:
Achis, Patrick
Subject:
FW: proposed tattoo shop at 365 Old Newport Blvd
Public comments received for PA2017-232.
�Ew r
0 eti = LIZ WESTMORELAND
Community Development Department
Assistant Planner
Iwestmore la nd @ newoortbeachca. noy
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
From: wilson.simonelO@gmail.com[mailto:wilson.simonelO@gmail.comj
Sent: Monday, March 19, 2018 6:21 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: proposed tattoo shop at 365 Old Newport Blvd
Ms. Westmoreland and the Planning Commission,
The purpose of this letter is to ask you not to allow a Tattoo business at 365 Old Newport Blvd. My husband and I have
an ownership interest in the property at 326 Old Newport Blvd. where for over 15 years we ran a business. For much of
the time, there was a tattoo parlor next door to our company. We often had difficulties with the people that would
hang out in front of the Tattoo business as well as those running the business. This included concentrations of people
on the sidewalk and driveway between our two buildings and many of them congregating in the front of our
professional building. Our clients would have to make their way through those loitering and smoking. Additionally,
those running the business (or their friends) repeatedly parked a camper between our buildings and began living and
sleeping in it night and day.
This proposed shop would be across the street from our building. If you are making an effort to revitalize the area along
Old Newport Blvd., please consider not allowing another Tattoo business in that area.
Thank you,
Simone Wilson
427 EI Modena Ave
Newport Beach, Ca 92663
M
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From:
Westmoreland, Liz
Sent:
Tuesday, March 20, 2018 8:30 AM
To:
Ramirez, Brittany
Cc:
Achis, Patrick
Subject:
FW: Proposed Tattoo Shop at 365 Old Newport Blvd.
Public comments received for PA2017-232.
LIZ WESTMORELAND
Community Development Department
Assistant Planner
Iwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
—Original Message—
From: Diane Aleshire [mailto:dgaleshire@att.net]
Sent: Monday, March 19, 2018 10:21 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Proposed Tattoo Shop at 365 Old Newport Blvd.
Please do not approve this tattoo parlor. I live next to Hoag Hospital and with all the new condo
development going on in the neighborhood, we can get a business in there that will serve a larger
proportion of the population's needs. Thank you.
Raj
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From:
Westmoreland, Liz
Sent:
Tuesday, March 20, 2018 3:08 PM
To:
Ramirez, Brittany
Cc:
Achis, Patrick
Subject:
FW: Tattoo Studio (PA2017-232)
Another public comment on PA2017-232.
t LIZ WESTMORELAND
b Community Development Department
Assistant Planner
Iwestmoreland@newoortbeachca.aov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
From: TOMLU BAKER [mailto:tomlubaker@hotmail.com]
Sent: Tuesday, March 20, 2018 3:06 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Cc: TOMLU BAKER <tomlubaker@hotmail.com>
Subject: Tattoo Studio (PA2017-232)
Old Newport Boulevard is basically the transition between a Commercial area and the Residential Newport
Heights/Cliffhaven area.
The addition of the proposed Tattoo Shop would be a nonpositive asset to the neighborhood and the Planning
Commission is requested to deny the proposal. Old Newport Boulevard is going through a revitalization
predominantly with Medical Buildings and a Tattoo Shop is not congruent nor compatible with the
revitalization. Additionally, the proposed hours of loam to l Opm are not compatible with the predominantly
existing retail shops (8am to 5pm). Previously existing Tattoo Shops in the area have not had a positive effort
on the business environment of the area. The Planning Commission should deny this proposal.
Sincerely,
Tom Baker
Newport Heights
RE
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From: Westmoreland, Liz
Sent: Tuesday, March 20, 2018 3:38 PM
To: Ramirez, Brittany
Subject: FW: Tattoo shop
LIZ WESTMORELAND
Community Development Department
Assistant Planner
Iwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
—Original Message—
From: Jason Sabaugh [mailtojason.sabaugh@gmail.com]
Sent: Tuesday, March 20, 2018 3:21 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Tattoo shop
Please deny this request. We live at 606 Michael Place, Newport Beach 92663.
Jason M.Sabaugh
Sent from my iPhone
s
Planning Commission - March 22, 2018
Item No. 3a Additional Materials Received
Agape Art Collective (PA2017-232)
From: Westmoreland, Liz
Sent: Tuesday, March 20, 2018 3:45 PM
To: Ramirez, Brittany
Subject: FW: Tattoo shop at 365 Old Newport
1E� T
LIZ WESTMORELAND
t = Community Development Department
Assistant Planner
IweslmorelandC newoortbeachca.00v
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
From: Cal Culmer [mailto:cal.culmer@gmail.com]
Sent: Tuesday, March 20, 2018 3:42 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Tattoo shop at 365 Old Newport
To whom it may concern
I am a resident of Newport Heights and do not consider the addition of the proposed Tattoo Shop to be a
positive asset to the neighborhood and want the Planning Commission to deny the proposal.
The Newport Beach Planning Commission on March 22, 2018 will consider a proposed TATTOO
SHOP at 365 Old Newport Boulevard (PA2017-232 SEE attached photo). Old Newport Boulevard is
basically the transition from a Commercial area to the residential Newport Heights/Cliffhaven area.
Thanks,
Cal Culmer
Sent from my iPhone
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
From: Westmoreland, Liz
Sent: Wednesday, March 21, 2018 8:51 AM
To: Ramirez, Brittany
Subject: FW: No on the TATTOO SHOP at 365 Old Newport Boulevard
—Original Message—
From: Amanda Ebright [mailto:amanda.ebright@mac.com]
Sent: Wednesday, March 21, 2018 7:36 AM
To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov>
Subject: No on the TATTOO SHOP at 365 Old Newport Boulevard
Hi,
I am writing to tell you that I oppose the addition of this tattoo shop in my neighborhood.
Amanda
40
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
From: Westmoreland, Liz
Sent: Wednesday, March 21, 2018 8:51 AM
To: Ramirez, Brittany
Subject: FW: Proposed Tattoo Business
From: jake mello [mailto:agapejakemello@gmail.com]
Sent: Tuesday, March 20, 2018 8:29 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Fwd: Proposed Tattoo Business
Begin forwarded message:
From: Work <debbieksilverstarsound.net>
Date: March 20, 2018 at 7:58:48 PM PDT
To: agapejakemelloggmail.com
Subject: Re: Proposed Tattoo Business
To: Planning Cornmissioner
The Tattoo Business should be allowed to move to their new location. Agape has been in Costa
Mesa for awhile with a reputable business and reputation. They should not be discriminated
against or judged based on presumption of people's opinions on other tattoo businesses
reputation. Agape does not allow loitering around their business and they have very high
standards regarding their appointment processes to alleviate loitering. To deny them would be
based on judgement not based on there good standing with the city.
Thank you.
Debbie Green
Silver Star Sound & Communications
711 W. 17th St. Ste. H5
Costa Mesa, CA. 92627
47
From: Westmoreland, Liz
Sent: Wednesday, March 21, 2018 9:25 AM
To: Ramirez, Brittany
Subject: FW: Tattoo Store/Old Newport Blvd
From: allyson D'Eliscu[mailto:allysondeliscu@gmail.com]
Sent: Wednesday, March 21, 2018 9:23 AM
To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov>
Subject: Tattoo Store/Old Newport Blvd
This is in regards to the tattoo store going in on Newport Blvd.
I think it would be a negative impact on our community and is a bad idea.
There is enough negative influences on our youngsters these days.
allysondel isc n(CVgmail.co
Cell Phone 949-633-8675
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
M
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
From: Westmoreland, Liz
Sent: Wednesday, March 21, 2018 10:39 AM
To: Ramirez, Brittany
Subject: FW: "NO" to the proposed Tattoo shop near Old Newport Residential and mix use.
From: Susan Burns [mailto:sburns217@gmail.com]
Sent: Wednesday, March 21, 2018 10:35 AM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: "NO" to the proposed Tattoo shop near Old Newport Residential and mix use.
Please, please don't bring a Tattoo shop into Old Newport Heights.
Living off Old Newport Blvd for over 20 years, there's been a significant area impact ever since Old Newport
added 55 freeway access and the "new" bridge traffic re-routing.
The area changed like that! Drug deals, gangs had a meet up point.... Area neighbors homes and cars
vandalized.
The PD no longer police speed limits on Old Newport (exception not rule) and late night speeding has bloomed,
especially Motorcycles !! This area is a gateway for local neighborhood break-ins, house and autos which are
currently off the hook.
Must we provide more attraction for out -of -area Riff -Raff, rehab populations, with residential homes a block
away? I recall a city council meeting years ago where it was stated that this area was transitioning to medical
from Antiques, Marine, etc.... I'd take an outboard repair shop preferred over Tattoo. What value does a Tattoo
parlor bring vs element? I'm sure parents in the area will be thrilled as well.
What do you think? Would you want to live in a home/ investment near a Tattoo Parlor? Ain't chic.
"NO" to TATTOO near Old Newport Residential Neighborhoods and mix use. Let's not take the area all -the -
way -down.
Thank you!
Susan
Susan Burns, Realtor
Coldwell Banker Previews
RE LIC 01412231
949.375.2427 Direct
949.644.1690 Fax
www.ocbythesea.com
49
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
From: Portia Weiss <portiaweiss@gmail.com>
Sent: Wednesday, March 21, 2018 11:02 AM
To: Planning Commissioners
Subject: PA -2017-232 Tatoo Studio
I would like to request that the Planning Commission deny the proposal of a tattoo studio at 365 Old
Newport Boulevard. I frequent the merchants at this center and have experienced severe difficulty in
parking there over the last two years, much prior to the construction traffic associated with the new
medical building located directly across the street. On more than one occasion, I have had to
abandon my parking efforts and return by bicycle or on foot. Crossing at the adjoining intersection of
Westminster and Old Newport Boulevard, in any manner, is very dangerous. Even when I have been
fortunate enough to find a parking place in the center, backing out has been a hazardous experience.
I do not favor the approval of any businesses to this center that may produce any additional traffic. It
would create further hazards to public access of the established merchants and prove detrimental to
the economic health of these merchants.
Thank you.
Portia Weiss
421 San Bernardino Avenue
Newport Beach, CA 92663
50
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
From:
Westmoreland, Liz
Sent:
Wednesday, March 21, 2018 1:09 PM
To:
Ramirez, Brittany
Subject:
FW: PA2017-232 New Business, Tattoo parlor
From: Lynn Lorenz [mailto:lynnierlo@aol.com]
Sent: Wednesday, March 21, 2018 1:09 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: PA2017-232 New Business, Tattoo parlor
To whom it may concern:
The above-mentioned proposed business is unsuitable for Old Newport Boulevard. The
traffic in that area is already of major concern, as is the idea of putting an animated
business on the edge of a residential area. The businesses in the area under
consideration are ones with the standard hours of 9 to 5, for the most part. You are
considering a business with the proposed hours of 10 to 10: a further concern of
homeowners in the Newport Heights area.
In addition, among the new businesses in this area are medical buildings which have
chosen this location because of its proximity to Hoag. I doubt that more medical
buildings, which will no doubt be of need in the future, will want to move into a business
area which is characterized by a mishmash of
businesses. The referenced business is just not a good fit for this unique area.
Lynn Lorenz
434 Redlands Avenue
Newport Beach, California
7
51
From:
Westmoreland, Liz
Sent:
Wednesday, March 21, 2018 3:55 PM
To:
Ramirez, Brittany
Subject:
FW: PA2017-232
From: Robyn Hamilton[mailto:robyn.hamiltonl5@gmail.com]
Sent: Wednesday, March 21, 2018 3:44 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: PA2017-232
My husband and I oppose this application.
Robyn and Jack Hamilton
339 Catalina Dr.
NB 92663
Planning Commission - March 22, 2018
Item No. 3b Additional Materials Received
Agape Art Collective (PA2017-232)
52
Planning Commission - March 22, 2018
Item No. 3c Additional Materials Received
Agape Art Collective (PA2017-232)
From: Westmoreland. Liz
7o: Ramirez, Brittanv
Subject: FW: Project nle No. PA2017-232 at 365 Newport Blvd (Agape Art Collective)
Date: Wednesday, March 21, 2018 4:21:45 PM
-----Original Message -----
From: Debra Brender [mailto:dbrender0l &gmail.com]
Sent: Wednesday, March 21, 2018 3:57 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Re: Project file No. PA2017-232 at 365 Newport Blvd (Agape Art Collective)
Ms. Westmoreland,
We recently received a notice from a neighbor about this proposed project, which we would like to oppose
Thank you.
Sincerely,
Arnold and Debra Brender
321 Catalina Drive
Newport Beach, CA 92663
Sent from my iPhone
53
From:
Westmoreland, Liz
To:
Ramirez, Brittanv
Subject:
FW: Tattoo Shop
Date:
Thursday, March 22, 2018 8:13:29 AM
LIZ WESTMORELAND
Community Development Department
Assistant Planner
Iwestmoreland@newportbeachca.gov
949-644-3234
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 1 newportbeachca.gov
-----Original Message -----
From: Garrett Bailey [mai Ito: garrettbai ley&icloud.com]
Sent: Wednesday, March 21, 2018 8:26 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Tattoo Shop
I oppose the tattoo shop at 365 Old Newport Blvd. Garrett Bailey
so
Westmoreland, Liz
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Dear Liz Westmoreland,
TOMLU BAKER <tomlubaker@hotmail.com>
Monday, March 26, 2018 11:58 PM
Westmoreland, Liz, Dunlap, Bill
TOMLU BAKER
Parking Concerns Tattoo Studio (PA2017-232)
Follow up
Completed
After the March 22 Planning Commission Meeting, Commissioner Bill Dunlap and I discussed some Parking concerns
with the proposed Tattoo Shop of PA2017-232. Excluding the impact of the current adjacent construction, the parking
at the shopping center including the building 365 Old Newport Blvd has always been hazardous and frequently unsafe,
due to the irregularities of the parking site layout and the lack of spaces.
To try to understand the severity of the lack of parking, the staff report under Parking (Page 5) was reviewed.
The staff report states the existing building at 365 Old Newport Blvd (ONB) is considered legal non -conforming with only
five parking spaces. Additionally, the report indicates that current Code Section would require 25 spaces. Although not
legally required, this indicates basically a need of 20 spaces for 365 ONB to have sufficient safe parking.
The shopping center extents from 365 ONB to 325 ONB (Lotus Bistro) and the lack of spaces is compounded. Would you
please perform similar calculations for each of the other buildings showing the legal non -conforming and the estimated
lack of total spaces? This should give an excellent indication of why the shopping center parking is hazardous and
frequently unsafe.
Page 3 Project Setting states "a public parking lot is located approximately 250 feet to the south...". How many parking
spaces does this public parking lot contain and have any been allocated to satisfy the parking requirements of past
projects approved by the Planning Commission?
Sincerely,
Tom Baker
Newport Beach
1515
From:
David Moltz <dmoltz@sbcglobal.net>
Sent:
Friday, April 06, 2018 9:06 AM
To:
Westmoreland, Liz; Biddle, Jennifer; Garciamay, Ruby; Mackinen,
Traci
Cc:
noturner@gmail.com; Lorett Corona
Subject:
Proposed TATTOO SHOP at 365 Old Newport Boulevard (PA2017-
232
Follow Up Flag: Follow up
Flag Status: Completed
I:1/_111
We are writing to express our position on the above referenced tattoo shop at 365
Newport Blvd.
Newport Blvd has struggled over the years with transient issues causing numerous
problems with the safety of businesses and homeowners. The current redevelopment of
medical and upscale businesses on Newport Blvd as well as the upscale development
on the peninsula is a step in the right direction.
Not to be negative towards Costa Mesa, but that City has serious homeless problems
compounded by drug addicts and mental illness. Newport Blvd seems to be impacted
by this problem. The planning Commission, in my opinion should take this into
consideration, and promote growth in a positive direction. If this Tattoo Shop was
proposed next to the brand new City Hall building there is no way it would be
approved... why should Newport Blvd be any different?... We are both Newport Beach!
Maybe it would be good to treat the rest of Newport Beach with the same dignity that
The Irvine Company has given to the City Hall side of Newport Beach.
We urge the Planning Commission to vote NO on the Tattoo Shop in consideration for
the businesses, neighborhoods and our kids that would be impacted
Dave Moltz
431 Irvine Ave
Newport Beach, CA 92663
(949) 887-3681 Direct
50
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Apri14,2018
Dear Liz,
James & Nancy Turner <noturner@gmail.com>
Wednesday, April 04, 2018 12:09 PM
Westmoreland, Liz
Tatoo Parlor
Follow up
Completed
I have lived in Newport Heights for 50 years and have been an employee for the Newport Mesa Schools
for 50years.... WE DO NOT need another tattoo parlor in Newport.
A tattoo parlors is not an asset to our long term residential people or our school system... Newport
Harbor and Ensign have enough problems minute by minute ... ThIS TATOO PARLOR WOULD BE A
negative INFLUENCE ON OUR SOCIETY HERE.
PLEASE DO NOT ALLOW THIS ION OUR NEIGHBORHOOD.. THANK YOU, NANCY 0. TURNER 435 IRVINE
AVENUE NEWPORT BEACH, CA 92663
From: james turner <james.turner620@gmail.com>
Sent: Wednesday, April 04, 2018 12:20 PM
To: Westmoreland, Liz
Subject: tattoo parlor
Follow Up Flag: Follow up
Flag Status: Completed
I DO NOT want a tattoo parlor in our residential area. It it not an Asset to our community.
It has a negative influence on our students at Newport Harbor and Ensign.
Not appropriate in a long term residence community like newport heights.
James L. TUrner
435 Irvine Avenue
Newport Beach, ca. 92663
M
From: James & Nancy Turner <noturner@gmail.com>
Sent: Friday, April 06, 2018 4:08 PM
To: Westmoreland, Liz
Subject: Fwd: Proposed TATTOO SHOP at 365 Old Newport Boulevard
(PA2017-232
Follow Up Flag: Follow up
Flag Status: Completed
Begin forwarded message:
From: David Moltz <dmoltz(a)sbcglobal.net>
Subject: Proposed TATTOO SHOP at 365 Old Newport Boulevard
(PA2017-232
Date: April 6, 2018 at 9:06:25 AM PDT
To: "lwestmoreland (a) newoortbeachca.aov"
<Iwestmoreland(o)newportbeachca.gov>, ibiddle(o)newportbeachca.gov"
<Ibiddle(@newportbeachca.gov>,"rgarciamay(a)newportbeachca.gov"
<rgarciamay(a�newportbeachca.gov>, "tmackinen(a newportbeachca.gov"
<tmackinen(a)newportbeachca.aov>
Cc: "noturner(a)gmail.com" <noturner(d)gmail.com>, Lorett Corona
<coronalorett(cDvahoo.com>
Reply -To: David Moltz <dmoltz(a)sbcglobal.net>
Hi All
We are writing to express our position on the above referenced tattoo
shop at 365 Newport Blvd.
Newport Blvd has struggled over the years with transient issues causing
numerous problems with the safety of businesses and homeowners. The
current redevelopment of medical and upscale businesses on Newport
Blvd as well as the upscale development on the peninsula is a step in the
right direction.
Not to be negative towards Costa Mesa, but that City has serious
homeless problems compounded by drug addicts and mental illness.
Newport Blvd seems to be impacted by this problem. The planning
Commission, in my opinion should take this into consideration, and
promote growth in a positive direction. If this Tattoo Shop was proposed
next to the brand new City Hall building there is no way it would be
approved... why should Newport Blvd be any different?... We are both
Newport Beach! Maybe it would be good to treat the rest of Newport
59
Beach with the same dignity that The Irvine Company has given to the
City Hall side of Newport Beach.
We urge the Planning Commission to vote NO on the Tattoo Shop in
consideration for the businesses, neighborhoods and our kids that would
be impacted
Dave Moltz
431 Irvine Ave
Newport Beach, CA 92663
(949) 887-3681 Direct
��
From: John Chaix <john@chaixlaw.com>
Sent: Thursday, April 12, 2018 11:28 AM
To: Westmoreland, Liz
Subject: PA 2017-232
We own a home at 420 Hohnwood Dr and have resided there for over 25 years and have three
small children. As you know, the Newport Heights neighborhood is a family oriented community
that utilizes the unique stores along the Old Highway corridor (Chicken Coop, Hair studio's ,
subway, marine stores, dry cleaners, Timree's art studio etc). The proposed use by a tattoo parlor
is inconsistent with the overall redevelopment plan for the area and would not be frequented by
the nearby residents for errands, shopping etc.
This proposed use would be contrary to the scheme for the area and would not be supported by
the local community.
Thank you for your consideration.
John Chaix
q
CHAIX IAW
John Chaix, Esq.
Newport Beach, CA: 714-427-0664
Sacramento, CA: 916-235-8234
Phoenix, AZ: 602-235-9399
www.chaixlaw.com
john(a chaixlaw.com
PRIVILEGED REVIEW REQUIRED. THIS COMMUNICATION MAY CONTAIN INFORMATION THAT IS LEGALLY
PRIVILEGED, CONFIDENTIAL OR EXEMPT FROM DISCLOSURE. IF YOU ARE NOT THE INTENDED RECIPIENT,
PLEASE NOTE THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. ANYONE WHO RECEIVES THIS MESSAGE IN ERROR SHOULD NOTIFY THE SENDER
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01
02
Attachment No. PC 4
Planning Commission Hearing Minutes
O3
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE
THURSDAY, APRIL 5, 2018
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER — The meeting was called to order at 6:35 p.m.
PLEDGE OF ALLEGIANCE — Commissioner Kleiman
ROLL CALL
PRESENT: Chair Peter Koetting, Secretary Erik Weigand, Commissioner Bill Dunlap, Commissioner Lauren
Kleiman, Commissioner Kory Kramer, Commissioner Lee Lowrey
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Michael Torres, City Traffic Engineer Tony Brine, Associate Planner Benjamin
Zdeba, Assistant Planner Liz Westmoreland, Administrative Support Technician Patrick Achis
PUBLIC COMMENTS
Mark Abrams, 254 Catalina Drive, estimated 20 percent of Keck USC Medical Center (located at 300 Old Newport
Blvd.) employees park on the street in front of residents' homes because the medical center does not provide
sufficient employee parking. The City parking lot offers two-hour parking, which does not benefit employees.
REQUEST FOR CONTINUANCES
None
CONSENT ITEMS
ITEM NO. 1 MINUTES OF MARCH 22, 2
Recommended Action: Approve ano nie
V
Motion made by Secretary Weigand and seconded by Chair Koetting to approve the draft minutes of the March
22, 2018, meeting with the Commission's and Mr. Mosher's edits.
AYES:
Koetting, Weigand, Dunlap, Kleiman, Kramer, Lowrey
NOES:
None
ABSTAIN:
None
ABSENT:
Zak
VII. CONTINUED BUSINESS:
ITEM NO. 2 AGAPE ART COLLECTIVE (PA2017-232)
Site Location: 365 Old Newport Boulevard
Summary:
A request for a minor use permit to operate a tattoo studio (Personal Services, Restricted land use) and
artist's studio within an existing commercial tenant space.
Recommended Action:
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, because it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2018-015 approving Minor Use Permit No. UP2017-031.
1 of 7
05
NEWPORT BEACH PLANNING COMMISSION
4/5/2018
Assistant Planner Liz Westmoreland reported the application pertains to a minor use permit for a tattoo studio and
artist studio. A tattoo studio is defined as a personal services, restricted land use and requires discretionary
approval by the Zoning Code. In February, the Zoning Administrator referred the application to the Planning
Commission based on ambiguity in the definition of the land use, specifically dispersal of uses in relation to the
project site, neighborhood, or surrounding area. The project site is located on the second floor of an existing
commercial building, which is occupied primarily by retail, food, and services uses. The applicant has not proposed
an increase in the 885 -square -foot tenant space. Proposed hours of operation are 10:00 a.m. to 10:00 p.m., daily
with the bulk of appointments scheduled during the evening hours. Tattoo operators and artists are required to
register with the Orange County Health Department and are regulated by the California Safe Body Art Act. The
applicant proposes three stations maximum for tattooing, and there would be no designated receptionist. Five
parking spaces are located on-site, and six tenant spaces are located in the subject building. Therefore, the
building as a whole and each individual unit are considered nonconforming due to lack of sufficient parking. No
other permitted personal services, restricted uses are located within the subject building or within 300 feet of the
site. In staffs opinion, the proposed restricted personal service use would not appear to create or perpetuate a
cluster of such uses in the immediate area that would cause detrimental nuisance conditions. Four tattoo uses
are located in the City; the nearest to the subject site is located approximately one-half mile to the south. The
nearest Costa Mesa tattoo use is located approximately one mile north of the subject site. Staff believes there is
adequate dispersal of personal services, restricted land uses and specifically tattoo uses within the immediate and
surrounding area. Correspondence from the public opposed the project and expressed concerns regarding
parking, type of use proposed, and security. The proposed use would operate similar to other service uses. Most
of the retail -based tenants in the subject building operate until approximately 5:00 p.m.; however, Subway can
operate until 11:00 p.m., and the massage and restaurant uses can operate until 9:00 p.m. Staff contacted the
Costa Mesa Police Department and learned that the department had not received any reports of crime related to
the existing business. In addition, the Costa Mesa crime analyst indicated Agape Art Collective did not seem to
cause any problems. Per the Zoning Code, a new use may occupy the proposed space as long as parking demand
does exceed one space per 250 square feet of floor area. This standard would apply if a new retail or service use
(including the proposed use) were to occupy the site with no intensification of use. Staff recommends approval of
the project. The Planning Commission may not deny the application based on the tattoo use itself.
Commissioners Kramer, Kleiman, Koetting, Dunlap, and Lowrey reported no ex parte communications with the
applicant or property owner, while Secretary Weigand spoke with the owner.
In meeting with tenants of the building, Commissioner Dunlap learned tenants' leases restricted parking in front of
the building to 20 minutes. He questioned whether Agape's lease would contain the same provision and assumed
Agape's patrons would remain in the studio longer than 20 minutes.
In reply to Chair Koetting's questions, City Traffic Engineer Brine stated parking in the area has developed over
time. Assistant Planner Westmoreland advised there was no parking master plan for the three adjacent lots on
the west side of Old Newport, south of sites. Because of the six tenants and only five parking spaces, the Police
Department probably would not accommodate spaces designated for tenants. The parking lot is maintained by
the City. Anyone can park in the lot, and seven of 28 spaces in the lot are limited to two-hour parking. This
property has an existing sign program. Two of the buildings are owned by the same entity, and the third building
is owned by a different entity.
In answer to Commissioner Lowrey's query, Deputy Community Development Director Campbell explained that
there is no separation standard for these restricted personal service uses, and staff has not applied one for these
uses.
In response to Commissioner Kramer's inquiries, Assistant Planner Westmoreland said there is no particular
definition for healing arts. Massage is a separate land use and regulated by additional standards. Commissioner
Kramer noted a Thai massage use was located within 300 feet of the subject property. If massage use was
included in healing arts, then the application would be void on its face.
In reply to Secretary Weigand's questions, Assistant Planner Westmoreland did not recall the hours of operation
for the Timree Gold Studio that previously occupied the project site, but it would have accommodated quite a few
people in art classes. On paper, the Timree Gold Studio had the same parking demand as the proposed use.
2 of 7
NEWPORT BEACH PLANNING COMMISSION
4/5/2018
In answer to Commissioner Dunlap's queries, Assistant Planner Westmoreland clarified that, for this application,
staff considered all service -based uses in the commercial space as complementary. Commissioner Dunlap
questioned whether the proposed tattoo business would provide a service for residents of the neighborhood.
Public correspondence would lead one to believe otherwise.
In response to Chair Koetting's inquiries, Assistant Planner Westmoreland indicated the Subway located on the
adjacent property was approved in the early 2000s with knowledge of the parking situation in the area. In addition,
other food uses have been granted parking waivers with knowledge of the existing parking situation.
Chair Koetting opened the public hearing.
Joe Diestel, Newport Heights, voiced concerns about late-night customers, alcohol use, insufficient parking, traffic,
and homelessness.
Tom Baker, resident, commented that a tattoo shop would negatively impact visitors' initial impression of the City
as the area is considered a gateway to the City. All tattoo shops in the City are located in the same small area.
He suggested the Planning Commission deny the application.
Mark Abrams, 254 Catalina Drive, believed allowing another business where there is not enough parking did not
make sense.
Jim Mosher concurred with Mr. Baker's comments regarding concentration of tattoo shops and questioned
conditions of approval for signage. Condition Numbers 8 and 13 appear to be redundant. He noted discrepancies
in the address and parcel number for the property.
Jake Mello, applicant, related his professional experience and goals for this business. He currently plans to be the
only tattoo artist; however, he wants the flexibility to have one or two additional artists in the future. Signage for
the tattoo studio will conform with signage for other businesses located in the building. Appointments will be
scheduled primarily after 5:00 p.m., to accommodate parking.
In response to Commissioners' questions, Mr. Mello did not anticipate all three workstations being used
simultaneously. The space is intended to be his graphic design, painting, and tattoo studio. Tattooing is only one
of the mediums he uses. Dr. John Sun is the building owner. If the application is approved, he will no longer work
in the Costa Mesa studio. The Costa Mesa studio has eight artists who rely heavily on walk-in business; however,
Mr. Mello has his own clientele and books only one appointment per day. He will book appointments during the
day if necessary; however, he prefers to book appointments at 5:00 p.m. or later. Alcohol use and clients under
18 years of age will not be allowed. He is prepared to utilize more lighting and security to prevent loitering.
Danielle Diestel commented that the taxpayers in the area do not want a tattoo parlor. The tattoo parlor would not
serve surrounding residents.
Nancy Turner did not believe a tattoo studio would be an appropriate influence on school children and the
neighborhood.
Chair Koetting closed the public hearing.
In response to Chair Koetting's comments, Deputy Community Development Director Campbell reported there is
a sign program for the building. The two conditions regarding signage inform the applicant of the need to comply
with requirements of both the building sign program and the Municipal Code. Staff will scrutinize other uses in the
area and ensure intensification is appropriate.
With regard to Secretary Weigand's remarks, Deputy Community Development Director Campbell explained that
the Municipal Code prohibits flashing signs. The City cannot regulate the content of a sign.
Commissioner Kleiman stated that the way the application reads, the findings do not support a tattoo studio. The
Commission could view the application differently if it provided for one workstation with a surrounding artist studio.
3 of 7
07
NEWPORT BEACH PLANNING COMMISSION
4/5/2018
Motion made by Commissioner Kleiman and seconded by Commissioner Lowrey to adopt Resolution No.
PC2018-015 denying Minor Use Permit No. UP2017-031.
Commissioner Dunlap suggested the Commission could approve the application with a variety of conditions.
Commissioner Kleiman stated that she could support an application that reflects more of the business Mr. Mello
described. Secretary Weigand said that he is pretty supportive of the studio, and would like to see the commission
approve it at some point, but did not know if the votes exist. Weigand asked if it would be appropriate for staff to
come back after revising the report.
Assistant City Attorney Torres recommended the Planning Commission continue the item to allow staff to work
with the applicant to develop a different set of conditions instead of doing it at the hearing.
Commissioner Weigand stated that they would like to have the revisions incorporate the commission's concerns,
but that they don't want to be so restrictive on this use that he can't operate. He believes the applicant has a good
plan for the community. Commissioner Kleiman suggested that they ask the applicant how he would like to
proceed.
In reply to the Commission's question, Mr. Mello agreed to work with staff.
Community Development Director Jurjis suggested the Commission continue the item to May 3, if it chooses to
continue the item.
Commissioner Kleiman withdrew her motion; Commissioner Lowrey concurred.
Motion made by Secretary Weigand and seconded by Commissioner Kleiman to continue the application to May
3, 2018.
AYES:
Koetting, Weigand, Dunlap, Kleiman, Kramer, Lowrey
NOES:
None
ABSTAIN:
None
ABSENT:
Zak
Chair Koetting announced Item 4 will be heard next with Item 3 following Item 4.
PUBLIC HEARING ITEMS
0.3 ENTERPRISE RENT -A -CAR EXPANSION (PA2017-215)
\Site Location: 4340 Campus Drive, 4360 Campus Drive, 4400 Campus Drive, 4500
Campus Drive, 4341 Birch Street and 4361 Birch Street
Summary:
The applicant propo to expand the existing Enterprise Rent-A-Car facilities located at 4500 Campus
Drive and 4361 Birch Str ("Project"). The Project includes the following: (1) demolishing three existing
office buildings (38,620 squar at in total) at 4340 Campus Drive, 4400 Campus Drive, and 4341 Birch
Street; (2) remodeling of an "Project'').
11,682-square-foot office building to create a vehicle
service center, hand car wash, persona ices, and vehicle parts storage; (3) grading and paving with
installation of perimeter security fencing and Is, landscaping, and exterior lighting; and (4) striping and
reconfiguring of paved areas to create 91 custome d employee parking spaces and approximately 810
stacked parking spaces for vehicle storage. The existin niers between each of the lots will be removed
to allow vehicle circulation without having to utilize the surro ing public right-of-way.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality (CEQA) pursuant to
Section 15302 (Class 2 — Replacement and Reconstruction) and Section 1 (Class 3 — New
Construction or Conversion of Small Structures) of the CEQA Guidelines, bed a it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2018-014 approving Conditional Use Permit No. UP2017-030.
4 of 7
RN
Attachment No. PC 5
Parking Overview Map
09
70
7z
72
Attachment No. PC 6
Project Plans
73
74
BUSINESS DESCRIPTION
Agape Art Collective is a well-established and well-respected business within the
city of Costa Mesa. I, Jacob Mello (owner), am looking to convert my 2000sgft
walk-in tattoo business into a smaller creative space while continuing to offer
tattoo services of the very best quality, comfort and safety in a family -friendly and
hospital grade environment.
This studio space will comply with all Orange County Health Department
standards by designating a separate tattoo area from a comfortable waiting area
complete with chairs and couches. All licensed practitioners will operate on a
fully disposable — single service basis to eliminate any risk of cross
contamination and comply with the Safe Body Art Act. The flooring will be a
waterproof synthetic wood -look, while the walls will be a fully washable acrylic
based paint. The space is 885sgft, with 75% dedicated to work areas. Any and all
working surfaces will be non -porous and cleaned and sanitized properly after
every procedure.
Hours of operation will be limited to 1 lam — 10pm daily. However, appointments
will be concentrated between the hours of 5pm to 10pm to effectively
accommodate parking. There will be no admittance of anyone under the age of
18, nor will loitering be permitted at any time.
Agape Art Collective will bring a positive reputation from Costa Mesa to Newport
Beach and add value and quality to the property in question as well as offering a
diverse clientele that will blend and attract business to our surrounding business
neighbors.
r
MW
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IF Irl -i
.C%M
MAXI ADAM
Storage
133.02 sq ft
COUNTERTOP
DESGNATED DRAWING AREA
SOFA
TABLE
WAITING AREA
883.93 sq ft
18.35 ;q ft
SOFA
CHAIR
Attachment No. PC 6 - Project Plans
Storage
119.63 sq ft
COUNTERTOP
'ter i A Ir%
��I�1��►���:ir�7�
PA201 �-232,, Attachment No. PC 6 - Project Plans
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FINISHED FLOOR
Planning Commission - May 17, 2018
Item No. 2a Additional Materials Received
Agape Art Collective (PA2017-232)
From:
Eric S.
To:
Planning Commissioners
Cc:
Eric Sanders; Eric Sanders
Subject:
tattoo parlor at 365 Old Newport Blvd
Date:
Sunday, May 13, 2018 6:27:34 PM
Dear Newport Beach Planning Commission,
I am writing you regarding the proposed Agape tattoo parlor at 365 Old Newpo
Blvd. I would gladly attend this week's commission / council meeting, at which time
this proposal is up for discussion, however, a business commitment in another state
will prevent me from attending.
From my front yard on Holmwood Drive, I can see directly down Beacon Street to the
proposed site of yet another tattoo parlor here in this section of Newport
Beach. Within a one to two mile distance, you can find three other such tattoo
businesses. From a planning perspective, it seems illogical that another such
business should be permitted in such close proximity to other identical businesses,
and even worse, on a street adjacent to single family residential housing. Just as it
would make little sense to put every public park or green -space in just one section of
our city, it seems to make little sense to only put tattoo parlors in one narrow area /
neighborhood of Newport Beach. I would also suggest there are simply some
businesses which are not conducive to the environment of a residential
neighborhood. Massage parlors, liquor stores, strip clubs and tattoo parlors being
some examples. The proposed location is just three blocks from Newport Heights
elementary school. Having businesses such as tattoo parlors three blocks from
where children ages 5 through 11 spend most of their day is simply not good city
planning (in my opinion). The hours of such businesses are also concerning. The
other businesses located in this center at least keep hours which are conducive to the
neighboring family dwellings. Finally, the issue of parking is alarming at this center
and near the intersection of Old Newport Boulevard and Hospital Road in
general. When I do frequent the businesses at this location, such as Subway, I must
walk from my home to them. This is not because I am looking for extra steps, but it is
due to there being NO parking available within this center.
I would encourage all members of the planning commission and council to personally
visit this location during various hours, to drive/walk the streets in the area, and to
hopefully appreciate putting a business of this nature adjacent to single family
housing is not conducive with the general plan of the great city of Newport Beach.
Millions of welcomed guests come each year to visit our world-famous
beach. Nearly all of them drive down Newport Boulevard to reach their
destination. The very idea of them seeing a tattoo parlor as one of the first
businesses after they pass into our city limits is embarrassing. We are better
than this.
Please carefully consider the impact of this business, in this location, and
recommend the intended proprietor identify another more conducive location
where children are not in near proximity, where other businesses also keep late
Planning Commission - May 17, 2018
Item No. 2a Additional Materials Received
Agape Art Collective (PA2017-232)
hours, where sufficient parking exists, and where single family resident
dwellings are many blocks away. I would encourage the commission to oppose
this business in the proposed location of 365 Old Newport Boulevard.
Eric Sanders
Planning Commission - May 17, 2018
Item No. 2b Additional Materials Received
Agape Art Collective (PA2017-232)
From: TOMLIJ BAKER
To: Planning Commissioners
Subject: Fwd: Tattoo Shop/project (PA2017-031) should be denied
Date: Wednesday, May 16, 2018 4:20:35 PM
Retransmission of email.
Begin forwarded message:
From: TOMLU BAKER <tomlubakerAhotmail.com>
Date: May 16, 2018 at 4:17:40 PM PDT
To: "Ci , Councilenewnortbeachca.gov"<CityCouncilnnewportbeachca.gov>,
"lwestrnore] andn_newnortbeachca.Eov"<Iwestmore] and(cr�.newnortbeachca.aov>
Cc: TOMLU BAKER <tomlubakerAhotmail.com> e
Subject: Tattoo Shop/project (PA2017-031) should be denied
Planning Commissioners,
The staff report as requested by the Commission has been updated. The
additional information and clarification has not resolved existing problems and
does not justify the approval of the Tattoo Shop and this project (PA2017-031)
should be denied for the following:
-The parking at the shopping complex including the building 365 Old Newport
Blvd has always been hazardous and unsafe, due to the irregularities of the
parking site layout and the lack of spaces. The Tattoo shop will only exacerbate
this hazardous and unsafe condition.
-Old Newport Blvd is the transition from a commercial area to the Newport
Heights/Cliffhaven neighborhood of predominantly owner -occupied single family
homes. Residents see the Tattoo Studio as having a blighting and deteriorating
impact on the area.
-The 4 existing Tattoo Shops are contained in the small section of the city (West
of Newport Blvd to the western City ). No other section of the City has a Tattoo
Shop. This further concentration of Tattoo Shops with its adverse impact to this
area must be denied.
-The City has strived,with recent developments along Old Newport Blvd, to make
it a Gateway which creates a good introduction and an excellent impression of our
City. The imposition of a Tattoo Shop would have a negative impact to this
Gateway.
The Tattoo Shop/project (PA2017-031) should be denied for the above reasons.
Sincerely,
Tom Baker
Planning Commission - May 17, 2018
Item No. 2b Additional Materials Received
Agape Art Collective (PA2017-232)
Newport Heights
mission - May 17, 2016
Is Presented At Meeting
Collective (PA2017-232)
Planning Commission
Public Hearing
May 17, 2018
01611 r6 HO
PC April 5, 2o18 — Item Continued
Address concerns and limit operations
May i7, zoi8 Community Development Department- Planning Division
1. Clarification of use
2. Parking
3. Neighborhood Compatibility
4. Address
May 17, 2018
k-
Community Development Department - Planning Division
t out uaE
EWERS
SI 1 NSI &VIVI:
Artist's studio (Graphic design, painting, etc.)
Permitted by -right (w/out discretion)
Tattoo use
Requires MUP
Condition No. is Tattoo use shall remain
ancillary to primary use as artist studio
May 17, 2018 Community Development Department - Planning Division
0
a
Limit parking demand during peak hours
Condition No. _ : Gaps required between
appointments
Condition No. 7:
Daytime
hours
limited to one
(z)
tattoo
artist
Evening
hours
limited to two
(2)
tattoo
artists
May 37, 201 8 Community Development Department - Planning Division
nor Plan 9
TABLE
SOFA
FWFA
t
St01808
133.02 sq ft
GaAIR `.
18.35 �q ft
RESONATED DRAWWG AREA
WAITINGAREA
883.93 sq ft
May 17, 2018 Community Development Department- Planning Division
Storage
119.63 W ft
COUJTERTOP
WMR
CHAIR
O
COUNTERTOP
0
a
Example uses permitted
Yoga or Pilates Studio
Barber Shop
Beauty Parlor
by -right:
Take -Out Service Limited
MUP required
6 seats or less
May 17, 2018 Community Development Department - Planning Division
•1@1$Iold2[6I4I6awe
Condition No. 3: Hours of Operation limited
to to amto9pm
Previously sopm
Condition No. 4: No appointments or walk-
ins after 8 pm
Previously gpm
Condition No. ii: No new second floor
signage without sign program. Unpermitted
roof sign shall be removed.
May 37, 201 8 Community Development Department - Planning Division
ikddress w
May 17, 2018 Community Development Department - Planning Division
0
0
Staff Recommendation
Conduct a public hearing
■ Find Project Categorically
■ Approve Minor Use Permi
t
Alternatives
Exempt from CEQA
No. UP2017-031(PA2017-232)
Provide additional and/or revised conditions
Deny based on inability to make findings
May 17, 2018 Community Development Department- Planning Division
1
For more information contact:
Liz Westmoreland, Assistant Planner
949-644-3234
lwestmoreland@newportbeachca.gov
www.newportbeachca.gov
Planning Commission - May 17, 2016
Item No. 2c - Additional Materials Presented At Meeting
Agape Art Collective (PA2017-232)