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HomeMy WebLinkAboutZA2017-046 - MUP TO ALLOW TATTOO STUDIO - 3413 Newport BlvdRESOLUTION NO. ZA2017-046 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2017-006 FOR A TATTOO STUDIO (PERSONAL SERVICES, RESTRICTED USE) LOCATED AT 3413 NEWPORT BOULEVARD (PA2017-062) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Emilio Flores, with respect to property located at 3413 Newport Boulevard, and legally described as Parcels 2 and 3 as shown on Exhibit A, attached to Lot Line Adjustment N.B.L.L.A. 80-1, recorded April 10, 1981 as Instrument No. 81-12616 in Book 14016, Page 73 of Official Records of Orange County, California, requesting approval of a minor use permit. 2. The applicant proposes a tattoo studio (Personal Services, Restricted land use) in conjunction with an art gallery within an existing commercial tenant space. 3. The General Plan Land Use Element designation for the subject property is Corridor Commercial (CC) and it is located within the Commercial Corridor (CC) Zoning District. 4. The Coastal Land Use Plan category is for the subject property is Commercial Corridor (CC -A) and it is located within the Commercial Corridor (CC) Coastal Zoning District. 5. A public hearing was held on June 15, 2017, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of an existing building where there is negligible or no expansion of use. The proposed project will allow the operation of a tattoo studio and art gallery in an existing commercial tenant space. Zoning Administrator Resolution No. ZA2017-046 Paqe 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020(F) (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The General Plan Land Use Element designation for the site is CC. The CC designation is intended to provide for areas appropriate for a range of neighborhood -serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed project is consistent with this designation in that it will add an additional personal service use to the area. 2. The proposed physical improvements are limited to changes to the interior of an existing multi -tenant building. These improvements are of a nature that will not impede or discourage pedestrian activity. 3. The subject property is not part of a specific plan area. Findincr 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 CC Zoning District consistent with the General Plan Land Use Element. See Fact in Support of Finding Al. 2. Within Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the Zoning Code, the CC District allows Personal Services, Restricted uses subject to the approval of a minor use permit. 3. The existing multi -tenant commercial building was constructed prior to off-street parking requirements in the Municipal Code; thus, it is considered legal nonconforming. 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 project is acceptable as it does not include an intensification or expansion of floor area and is required one parking space per every 250 square feet of gross floor area. oa-27-17 Zoning Administrator Resolution No. ZA2017-046 Paqe 3 of 7 4. The project site is located within the CC Coastal Zoning District. Table 21.20-1 of NBMC Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses) notes that a Personal Services, Restricted use is allowed ("A") within the CC Coastal Zoning District. 5. As the proposed project is the operation of a tattoo studio and art gallery in an existing commercial tenant space and there is no intensification of use or change to the parking requirement, a Coastal Development Permit is not required. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: The tattoo studio and art gallery will be located within an existing, approximately 1,200 -square -foot tenant space. No increase in floor area and no further improvements are proposed. 2. The proposed operation will consist of two workstations. A maximum of two tattoo artists registered and licensed by the Orange County Health Department will provide the tattooing services. 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 10 a.m. to 10 p.m. daily. 3. 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, retail sales, a beauty shop, and an art gallery. Its operating characteristics are similar to other service uses such as barber and beauty shops. 4. The proposed tattoo service business will provide a service for residents of the neighborhood and visitors to the area and will not require the provision of additional parking spaces on site. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: The project site has demonstrated 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. oa-z7-17 Zoning Administrator Resolution No. ZA2017-046 Paqe 4 of 7 2. The proposed project will be located in a tenant space within an existing commercial building and will not involve any additional improvements of the space. The design, size, location, and operating characteristics of the use are compatible with the existing uses on the site and within the surrounding area. 3. The Public Works Department and Building and Life Safety Services Divisions have reviewed the project proposal and did not have any concerns regarding access, public services, or utilities provided to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 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 Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-006, 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 was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. oa-z7-17 Zoning Administrator Resolution No. ZA2017-046 Paqe 5 of 7 PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JUNE, 2017. Patrick J. Alford, Zoning Administrator 04-27-17 Zoning Administrator Resolution No. ZA2017-046 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The hours of operation for the business shall be 10 a.m. to 10 p.m., daily. 3. There shall be no appointments or walk-in customers accepted after 9 p.m., daily. 4. The number of tattoo artists operating at one time shall be limited to two, and 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. 5. All tattoo services shall be conducted at "Station 1" or "Station 2" as depicted on the floor plan dated April 17, 2017. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the Conditions of Approval. 7. 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. 8. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is determined that the proposed use 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. 9. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 11. 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. oa-z7-17 Zoning Administrator Resolution No. ZA2017-046 Paqe 7 of 7 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 13. 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. 14. 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. 15. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 16. 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 Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 17. 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 the Ink Yard Tattoo Studio and Art Gallery Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-006 (PA2017-062). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' 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. oa-27-17