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HomeMy WebLinkAboutPC2018-032 - DENYING MINOR USE PERMIT FOR TATTOO STUDIO - 2721 EAST COAST HIGHWAYRESOLUTION NO. PC2018-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING MINOR USE PERMIT NO. UP2018-014 FOR A TATTOO STUDIO (PERSONAL SERVICES, RESTRICTED USE) LOCATED AT 2721 EAST COAST HIGHWAY, SUITE 104 (PA2018-177) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by E. Art Gallery ("Applicant"), with respect to property located at 2721 East Coast Highway, Suite 104, Assessor's Parcel Number 459-171-14 ("Property"), requesting approval of a minor use permit. The Applicant proposes a tattoo studio (Personal Services, Restricted land use) in conjunction with an art gallery/studio within an existing commercial tenant space. The Property is designated Corridor Commercial ("CC") by the General Plan Land Use Element and is located within the Commercial Corridor ("CC") Zoning District. 4. The Property is located within the coastal zone and is within the Commercial Corridor ("CC") Coastal Zoning District. A coastal development permit is not required as the proposed project does not change the intensity of use at the subject property. 5. A Planning Commission public hearing was held on December 6, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a minor use permit only after making each of the five (5) required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of the Newport Beach Municipal Code. In this case, the Planning Commission was unable to make the required findings based upon the following: Findings for Minor Use Permit: A. The use is consistent with the General Plan and any applicable specific plan; Planning Commission Resolution No. PC2018-032 Paae 2 of 3 B. The use is consistent with the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts Not in Support of Findings: 1. The Planning Commission determined, in this case, that the establishment of a tattoo studio (personal services, restricted land use) would not be consistent with provisions of the Zoning Code, specifically Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code. 2. The applicant's request may lead to a proliferation of personal services, restricted land uses within the area. 3. The site is not physically suitable in terms of design, location and operating characteristics for the establishment of a personal services, restricted land use. 4. The addition of a personal service, restricted land use may impact surrounding residential neighborhoods. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit No. UP2018-014. 2. This action shall become final and effective fourteen (14) days following the date this Resolution is adopted, unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Chapter 20.64. 12-06-18 Planning Commission Resolution No. PC2018-032 Paae 3 of 3 PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF DECEMBER, 2018. AYES: Kleiman, Koetting and Lowrey NOES: Weigand and Kramer ABSTAIN: ABSENT: Ellmore and Zak iz-os-18