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HomeMy WebLinkAbout2.0_Agape Art Collective Minor Use Permit_PA2017-232PO�r o m�, ' 1n U r� s C'qG/FORN�P SUBJECT: CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 5, 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 PLANNER: Liz Westmoreland, Assistant Planner 949- 644-3234, Iwestmoreland(cDnewportbeachca.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. 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. PC2018-015 approving Minor Use Permit No. UP2017-031 (Attachment No. PC 1). 1 9 Agape Art Collective MUP Planning Commission, April 5, 2018 Page 2 LOCATION ON-SITE VICINITY MAP ZONING OG (Office General) I CURRENT USE Commercial building NORTH CO -G OG Medical buildin SOUTH EAST CO -G CO -G OG OG i WEST s PC -38 Hoag Hos ital r` 4i GENERALPLAN LOCATION ON-SITE GENERALPLANj CO -G (General Commercial Office ZONING OG (Office General) I CURRENT USE Commercial building NORTH CO -G OG Medical buildin SOUTH EAST CO -G CO -G OG OG Commercial buildin s Commercial buildings and future medical buildin WEST PI Private Intuitions PC -38 Hoag Hos ital Hoag Hospital 3 V� QP �. Agape Art Collective MUP Planning Commission, April 5, 2018 Page 3 Project Setting The subject tenant space is located within an existing two-story commercial building on Old Newport Boulevard, east of Newport Boulevard. Per County Assessor records, the building was constructed in 1956 and consists of 6,128 square feet of floor area. A total of five parking spaces are provided on-site and a public parking lot is located approximately 250 feet to the south on Old Newport Boulevard. Surrounding land uses consist of primarily medical and commercial uses, with residential uses located further east. North of the site is Hospital Road and a medical office building. To the east, a medical office building is currently under construction. Hoag Hospital is located across Newport Boulevard to the west of the site. An adjacent commercial building is located immediately south of the site. Project Description The applicant requests a minor use permit to operate a tattoo studio (Personal Services, Restricted land use) in conjunction with an artist's studio within an existing commercial tenant space. The tattoo studio and art gallery 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 interior improvements are proposed such as painting, carpet replacement/removal, and the addition of furniture The 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. The hours of operation for the business would be between the hours of 10 a.m. to 10 p.m., daily, with a majority of appointments concentrated between the hours of 5 p.m. and 10 p.m., when surrounding office uses tend to close. 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. Background On February 27, 2018, the Zoning Administrator reviewed the subject application at a public hearing. Staff received two letters of opposition and seven letters in support. Opposition letters referenced concerns regarding parking, use type, and security at the site. Letters in support were from customers of the existing Agape Art Collective in Costa 5 Agape Art Collective MUP Planning Commission, April 5, 2018 Page 4 Mesa as well as neighboring business owners/tenants of that location. Of the correspondence received, none was from residents within the project vicinity. Additionally, no one spoke in favor or in opposition to the project at the hearing. Correspondence received is included as Attachment PC3 for reference. Minutes from the hearing are included as Attachment PC4. At the conclusion of the public hearing, the Zoning Administrator decided to refer the application to the Planning Commission for review based on ambiguity related to the definition of the "Personal Services, Restricted" land use category. The Zoning Administrator requested guidance from the Planning Commission regarding the statement that Personal Services, Restricted land uses "may need to be dispersed from other similar uses". It is unclear if dispersal of Personal Services, Restricted land uses relates to the project site, neighborhood, or greater surrounding area. The definition is stated as follows (Section 20.72): Personal Services (Land Use) Restricted. Personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts, including: a. Day spas. b. Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under `Massage establishments." c. Tanning salons. d. Tattoo services and body piercing studios. These uses may also include accessory retail sales of products related to the services provided. Analysis General Plan The General Plan Land Use Element designation for the site is General Commercial Office (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 property. N Agape Art Collective MUP Planning Commission, April 5, 2018 Page 5 Local Coastal Plan The subject site is not located within the Coastal Zone Zoning The site is located within the Office General (OG) Zoning District. Within Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the Zoning Code, the OG District 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 Zone. Parking Pursuant to Municipal Code Section 20.40.040 (Off -Street Parking Spaces Required), both retail and personal service uses require parking at a rate of one space per 250 square feet of gross floor area, resulting in a total parking demand of 25 spaces (6,128 square feet per 250 square feet).The existing multi -tenant commercial building is considered legal non- conforming due to parking because only five parking spaces are provided on-site.. 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. 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. Dispersion of Uses Personal Services, Restricted There are no other 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 does not seem to create or perpetuate a cluster of such uses in the immediate area. Tattoo Uses 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. Refer to Attachment PC5 for a map of the existing tattoo service locations. 7 Agape Art Collective MUP Planning Commission, April 5, 2018 Page 6 Staff also reviewed the location of tattoo uses within the City of Costa Mesa (Attachment PC5). According to Google Maps and site visits, the nearest tattoo businesses in Costa Mesa are Gold Rush Tattoo and Newport Tattoo Costa Mesa near the corner of Superior Avenue and 18th Street. These two businesses are approximately one mile from the subject property. The existing Agape Art Collective location is the third nearest tattoo business, located at the intersection of Newport Boulevard and Harbor Boulevard. The applicant has indicated that they intend to close this location should the minor use permit for the Newport Beach location be approved. Other tattoo businesses in the City of Costa Mesa are generally located along Newport Boulevard (State Route 55), Harbor Boulevard, and at the corner of Placentia Avenue and 19th Street. Staff believes there is adequate separation between the nearest Costa Mesa tattoo businesses and the subject property. Use Permit Findings In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits), the Planning Commission must make the following findings for approval for a minor use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. As previously indicated, the proposed project includes uses consistent with the CO -G (General Commercial Office) General Plan land use category and OG (Office General) Zoning District. The existing buildings onsite operate as commercial uses, with primarily retail, food, and service uses occupying the site. The proposed tattoo studio use is a service that will be complementary to the other uses in the commercial building and surrounding area. No significant tenant improvements are proposed and the parking demand would not increase from existing conditions. Agape Art Collective MUP Planning Commission, April 5, 2018 Page 7 The tattoo and art studio would operate with standard retail business hours, occupy less than 900 square feet, and artists would operate mostly by appointment with very limited "walk-in" customers. A maximum of three tattoo stations would be authorized and each artist would be required to be registered with the County Health Department. Conditions are also included in the resolution to prevent loitering outside of the business. There are no other 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. Although not considered a Personal Services, Restricted land use, there is a massage use located within the adjacent building to the south of the site. Other tattoo studios in the vicinity are located over a half -mile away. Thus, the proposed project would not create or perpetuate a cluster of such uses, resulting in adequate dispersal of personal services, restricted land uses and tattoo studio uses in general. Staff believes sufficient facts exist in support of each finding. As conditioned, it is expected to operate in an effective mannerthat is compatible with the surrounding commercial tenants and the greater commercial/medical uses in the area. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. Modifications may address the business operation plan. If the changes are substantial, the item should be continued to a future meeting to allow the changes to be incorporated. 2. If the Planning Commission believes that the facts to support the findings for approval are insufficient at this time, the Planning Commission may deny the application. Refer to the Draft Resolution for Denial provided as Attachment No. PC 2. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the ongoing use of an existing building where there is negligible or no expansion of use. The proposed project will allow the operation of a tattoo studio and art gallery in an existing commercial tenant space. 0 Agape Art Collective MUP Planning Commission, April 5, 2018 Page 8 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Liz W "tmoreland, 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 Zoning Administrator Hearing Minutes PC 5 Tattoo Service Location Map PC 6 Project Plans and Applicant's Business Description 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 12 RESOLUTION NO. PC2018-015 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 425-272-02 ("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. 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. 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. 1. This project is exempt from the California Environmental Quality Act ("CEQX) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code i3 Planning Commission Resolution No. 2018-015 Pace 2 of 8 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: 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: 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 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 12-21-17 -4 Planning Commission Resolution No. 2018-015 Paqe 3 of 8 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: 1. 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. 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 10:00 p.m. daily. Appointments will be concentrated between the hours of 5:00 p.m. and 10:00 p.m., when surrounding office uses tend to close. 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, various retail sales uses, 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. 5. 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. 6. 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 12-21-17 15 Planning Commission Resolution No. 2018-015 Paqe 4 of 8 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: 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. 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, orgeneral 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. 12-21-17 10 Planning Commission Resolution No. 2018-015 Paqe 5 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. 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 5T" DAY OF APRIL, 2018. AYES: NOES: ABSTAIN ABSENT: M Peter Koetting, Chairman Erik Weigand, Secretary 12-21-17 27 Planning Commission Resolution No. 2018-015 Paqe 6 of 8 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 hours of operation for the business shall be limited to 10:00 a.m. to 10:00 p.m., daily. 3. There shall be no appointments or walk-in customers accepted after 9:00 p.m., daily. 4. There shall be no admittance of anyone under the age of 18, unless accompanied by an adult. 5. The number of tattoo artists operating at one time shall be limited to three, 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. 6. Any/all tattoo services shall be conducted at one of the tattooing stations (three total provided) as depicted on the floor plan. 7. No seating shall be provided outside of the tenant space. Patrons and employees shall not congregate in any outdoor areas including the balcony. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 9. Use Permit No. UP2017-031 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwise granted. 10. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 11. 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. 12. 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 ,2-21-,7 18 Planning Commission Resolution No. 2018-015 Paqe 7 of 8 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. 13. All proposed signs shall be in conformance with the provisions of NBMC Chapter 20.42 (Signs). 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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). 20. 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. 21. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 12-21-17 19 Planning Commission Resolution No. 2018-015 Paqe 8 of 8 22. 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. 23. 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. 12-21-17 20 Attachment No. PC 2 Draft Resolution for Denial 21 22 RESOLUTION NO. PC2018-015 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 425-272-02, 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 March 22, 2018, in in the Council Chambers 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 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 required findings set forth in NBMC Subsection 20.52.020 (F) (Findings and Decision) of the 23 Planning Commission Resolution No. PC2018-015 Paqe 2 of 3 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: 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 07-11-17 24 Planning Commission Resolution No. PC2018-015 Paqe 3 of 3 with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF MARCH, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Peter Koetting, Chairman BY: Erik Weigand, Secretary 07-11-17 25 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 Westmoreland, Liz From: Krudwig, Travis M <TKRUDWIG@ocsd.org> Sent: Tuesday, March 27, 2018 12:54 PM To: Westmoreland, Liz Subject: Agape - Jake Mello Follow Up Flag: Follow up Flag Status: Flagged Hi Liz. I'm writing to you in regards to Jake Mello and his attempt at opening up a storefront in your city. I have known Jake for approximately 8 years and have developed a good friendship with him. I have come to know Jake as a very hard working, passionate, and talented man who cares about his family, his work, and his community. I have referred several people to Jake for tattoos because I feel, in an industry that is not always held in high regard, Jake is upstanding and honest. I think we live in a world where we judge people by their looks much too often. Tattoos too often can incite prejudicial feelings or attitudes. But I assure you, as someone who knows him and his family, he is someone who would be an overall asset to the City of Newport Beach if given the opportunity. I hope that the community can see the potential in this man, regardless of the industry he comes from, or the ink on his skin. Thank you for your time! Best, Travis Deputy Travis Krudwig #5114 School Resource Officer Mission Viejo Police Services Orange County Sheriff's Department 949-770-6011 50 Attachment No. PC 4 Zoning Administrator Hearing Minutes 5g NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/27/2018 Action: Approved ITEM NO. 6 Agape Art Collective Minor Use Permit No. UP2017-031 (PA2017-232) Site Address: 365 Old Newport Boulevard Council District 2 Liz Westmoreland, Assistant Planner, provided a brief project description stating that the application is for a minor use permit to allow the operation of a tattoo business in conjunction with an artist's studio. The artist studio is permitted by right within the Office General zoning designation, whereas the tattoo operation is considered personal services, restricted pursuant to the zoning code and requires this minor use permit. The proposed studio is located within the northernmost building at 365 Old Newport Boulevard in one of two second floor tenant spaces. No construction is proposed. The existing site is considered non -conforming due to a lack of parking; however, per the zoning code a new use may occupy the space so long as the demand does not exceed 1 space per 250 square feet of floor area. The same standard would apply if a new retail or service use were to occupy one of the tenant spaces. Ms. Westmoreland stated that the proposed operation would be from 10 a.m. to 10 p.m. daily with appointments concentrated in the evening hours to help alleviate parking concerns. There would be a maximum of three tattoo artists proposed as part of the project and they would be required to obtain applicable County health department approvals. The proposed use would operate similar to other service uses such as beauty parlors and barbers, which are permitted service uses in this zone. Ms. Westmoreland discussed a few notable conditions. She stated that no outdoor seating is allowed, including the balcony. No one under the age of 18 is permitted in the studio and there will be no appointments or walk-ins after 9 p.m. Ms. Westmoreland discussed the public comments, which were mainly related to parking, use type, and security. Many of the security concerns discussed would be within the purview of the owner, versus the individual tenant, such as site lighting, improvements, etc. There are several conditions in place to prevent loitering outside of the business. Parking is non -conforming so any use within this space would be required to meet the 1 space per 250 square feet maximum rate, whether it is retail, take-out service limited, or a tattoo shop. As stated as a fact in support of Finding C, staff noted that this would be the only tattoo service within this area of the City; therefore, there would not be an overconcentration of this use type within the area. There are currently 3 tattoo businesses on the Peninsula and one in west Newport. Lastly, no residential owners have provided comments on this project. Today she also received 7 additional public comments in support of the project, from neighbors of the Applicant's Costa Mesa location and customers of this location. Ms. Westmoreland recommended approval of this minor use permit. The Zoning Administrator asked Ms. Westmoreland if this application had been reviewed by the Police Department. Ms. Westmoreland responded that the application was not reviewed by the Police Department, but that it was reviewed by Code Enforcement and conditioned to address concerns. Zoning Administrator stated that there were concerns with lengthy stays by the subject clientele. He previously had asked staff to speak with the City traffic engineers to see if this would have any effect on the parking supply in the area. Ms. Westmoreland responded that she spoke with Public Works and their general comment was that they do not look at that level of detail on a private development site, and they do not regulate how many minutes someone can be there, but they would assume a lower turnover in parking would be associated with having a longer stay and lower demand. In terms of having reserved spaces or tow away areas, if someone at the site were to have an official reserved space that was actually enforceable for towing or police action, they would need to meet with the Police Department to make sure that it complies with their standards. Page 4 of 8 159 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 02/27/2018 The Zoning Administrator stated that the definition of personal services restricted under 20.70 lists other examples of restricted uses such as day spas, healing arts, and tanning salons. He asked Ms. Westmoreland, based on her knowledge of the project site and surrounding area, if there is a high concentration of these uses in the area. Ms. Westmoreland responded that there is not an overconcentration of tattoo services based on a google street map view and visits to the site. She stated that she did not observe any other uses that fall under this definition such as a day spa, and was not aware of other such uses in the building or immediate vicinity. Applicant Jake Mello stated that he is a long time resident of Newport, and that he has an existing shop in Costa Mesa. The public comment letters were from his current neighbors that had nice things to say. He stated that he is ready to move on into a private studio. He stated that he wants to do it the right way and obtain this permit. He stated that his tattoo appointments would be rare, and that this is not a typical tattoo shop. The main use of the space is for use as an artist's studio where he can work on various mediums. He has clientele such as players on the Anaheim Angels and musicians. He stated that he had reviewed the draft resolution and agrees with all of the required conditions. He also clarified that he included a proposal for up to three stations, but expects that he will likely only utilize two. He wanted the flexibility for the space. He stated that he has conditions for parking in his lease. The Zoning Administrator stated that the minor use permit, if authorized, would run with the land. The Zoning Administrator opened the public hearing. There were no public comments. The Zoning Administrator stated that he is concerned about ambiguity in the zoning code regarding personal services, restricted land uses. It is unusual to have this information in a definition section, and he is not sure if it provides guidance or regulation on these uses. He read the definition of the Personal Services, Restricted land use. He stated that it does not provide any real guidance beyond that, and staff mentioned overconcentration; this speaks to dispersal not necessarily over concentration of these uses. He stated that he did some research as well and although there does not appear to be a concentration of these uses, there seem to be a number of these restricted uses in this corridor. He would like to send the project to the Planning Commission so we can receive additional guidance on this larger issue of dispersal of uses since there is ambiguity. Zoning Administrator asked the Applicant if there would be an undue hardship if we are able to place it on the next available planning commission hearing. The Applicant stated that his lease is starting on March 1 s', but that it is a conditional lease. If he does not get the space, then the lease is no longer relevant and they have his deposit. Zoning Administrator noted that placing the project on the next Planning Commission agenda may be a quicker process, as the project would be subject to a two-week appeal period if approved today. Ms. Westmoreland noted that the next hearing is around March 22nd, and that the applicant would still be subject to a two-week appeal period. The applicant said that he could not speak on behalf of the owner of the property. As far as the surrounding area, he stated he was not aware of any similar service uses in the area and that there are restaurants and an interior design studio, and similar uses. The Zoning Administrator stated that he is going to refer this item to the Planning Commission to allow for additional guidance on the information contained in the definition. He stated that this is his action, and he hopes this will not be a great inconvenience to the applicant. Action: Referred to Planning Commission Page 5 of 8 �I Attachment No. PC 5 Tattoo Service Location Map ME 02 f South Coast Plaza ,s a S Guest Or 55 ninon ewe � IRVINE BUSINESSa COMPLEX ° 3� Meq S110 -e Q Outer Limits Tattoo Baker St � m 73 © m 3' _ Pce u u°P Boomers! Irvine Adams Ave Orange Coast College v a` QJust Ink Tattoo 55 Fairview Park 0 19 Adventure) " Cali Life Tattoo 0 Mason I v�.,,,,,, s. Q Blue Collar Tattoo " �o U N I V E R S 73 TOWN C E N Uppe University am Costa Mesa Tattoo +;��. NewportrBay State Marine... or of CaVinernia T �` o Agape Art Collective 4 Q EPeWe Newport Tattoo � Costa Mesa s, q n S, g b 73 f0 55 n Te jy i; QEnglish Tattoo Company �tl qy eoni6 are ROv r fe�3 Proposed site ,� PRa • c d Qlnkyard Tattoo A3 � Newport Beach J NEWPORT e`' Newport Tattoo CENTERF°' B 4 Lido Isle " :, n 50019-10 San r Hills Balboa Tattoo Sae j--- oes ae Buck Gully Reserve Fr �rh sr o` e 0 o English Tattoo Company'e C7 Proposed Site Hoag Memorial RFs Hospital Presbyterian o. e 55 Jerk S� � O L' J Qlnkyard Tattoo HyattRegency Newport Beach Newport Beach ri ��� � ,d� coast Highw ay � od d, QNewport Tattoo (� Lido Isle BalboaTattooV",6,ji sod e 3 a Newport Beach Pier 0 B A L B O A 0 PENINSULA Balboa Island Attachment No. PC 6 Project Plans and Applicant's Business Description 07 02 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 a 70 1 _I Pro ®I `.1YII M 1 i� /pr � 1 �' Lotus'Bis� I I I Q ObNem tion of... 1 • yY IF I rl J r� N �f .C%m 72 Storage 133.02 sq ft COUNTERTOP DESGNATED DRAWING AREA SOFA TABLE WAITING AREA 883.93 sq ft 18.35 ;q ft SOFA CHAIR Storage 119.63 sq ft COUNTERTOP 'ter i n Ir% ��I�1��►���:ir�7� IT;9 74 FINI5HE FINISHED FLOOR 70 Planning Commission - April 5, 2018 Item No. 2a Additional Materials Received Agape Art Collective (PA2017-232) Ramirez, Brittany From: Westmoreland, Liz Sent: Monday, April 02, 2018 7:40 AM To: Ramirez, Brittany; Achis, Patrick Subject: FW: tattoo shop 1E� T LIZ WESTMORELAND t = Community Development Department Assistant Planner Iwestmoreland(p 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: frank Olsen [mailto:folsen.architect@gmail.com] Sent: Saturday, March 31, 2018 8:23 AM To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov> Subject: tattoo shop I don't think a tattoo shop is a good idea for the Newport Heights area. Frank Olsen 421 Holmwood Planning Commission - April 5, 2018 Item No. 2a Additional Materials Received Agape Art Collective (PA2017-232) Ramirez, Brittany From: Westmoreland, Liz Sent: Monday, April 02, 2018 7:38 AM To: Ramirez, Brittany; Achis, Patrick Subject: FW: Against Tattoo Parlor 1E� T LIZ WESTMORELAND t = Community Development Department Assistant Planner Iwestmoreland(p 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:jocarol [mailto:jocarol@ix.netcom.com] Sent: Sunday, April 01, 2018 10:26 AM To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov> Subject: Against Tattoo Parlor I'm a 47 year resident of Newport Beach and am so proud of howy City has grown... nice and easy. I read about a proposed tattoo parlor over by Old Newport Blvd. and would like to continent against it. I think the majority of Newport's residents want "classy" in their City. A tattoo parlor isn't classy in my eyes, so I'm speaking out. Thank you for listening, Jo Carol Hunter 4220 Park Newport Newport Beach 92660 Sent from my Samsung device Planning Commission - April 5, 2018 Item No. 2a Additional Materials Received Agape Art Collective (PA2017-232) Ramirez, Brittany From: jskinnermd@aol.com Sent: Sunday, April 01, 2018 10:43 PM To: Planning Commissioners Subject: Tattoo parlor being considered Dear Commissioners, I noticed that you will be considering approval of yet another tattoo parlor in Newport Beach at your upcoming meeting -- this one on Old Newport Blvd. If you have the option of denying the tattoo part of the applicant's request, I urge you to do so. In my opinion, tattoo parlors degrade our community and produce a "blighting and/or deteriorating effect upon surrounding areas" -- something our own rules try to avoid according to my read of the staff report. Thank you for giving this your consideration. Nancy Skinner Planning Commission - April 5, 2018 Item No. 2b Additional Materials Received Agape Art Collective (PA2017-232) To: Westmoreland, Liz Cc: Ramirez, Brittany Subject: RE: 365 Old Newport Boulevard -----Original Message ----- From: Margo Misterly [mailto:mmist@roadrunner.com] Sent: Tuesday, April 03, 2018 3:19 PM To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov> Subject: RE: 365 Old Newport Boulevard As a resident of Holmwood Drive for 42 years, I feel compelled to express my feelings, as follows: Old Newport Boulevard is basically the transition be a Commercial area and the Residential Newport Heights/Cliffhaven area. The addition of the proposed Tattoo Shop would be a negative asset to the neighborhood asset to our and the Planning Commission is requested to deny the proposal. Old Newport Blvd. is going through a revitalization predominately with Medical Buildings and a Tattoo Shop is not congruent nor compatible with revitalization. Additionally the proposed hours of 10am to 10pm are not compatible with the predominately existing retail shops (8am to 5pm). Previously existing Tattoo Shops in the area have not had positive effort on the business environment of the area. The Planning Commission should deny this proposal. Sincerely, Margo Misterly Newport Beach Planning Commission - April 5, 2018 Item No. 2b Additional Materials Received Agape Art Collective (PA2017-232) To: Planning Commission - April 5, 2018 Subject: Item 2b: Additional Materials Received - Agape Art Collective (PA2017-232 -----Original Message ----- From: Margo Misterly [mailto:mmist@roadrunner.com] Sent: Tuesday, April 03, 2018 3:29 PM To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov> Subject: TATTOO PARLOR ON NEWPORT BLVD. There is a significant existing parking and traffic problem with the shopping center bear 365 Old Newport Blvd. I do not favor the approval of any business to this center that may produce any additional traffic. It would create further hazards to public access of the current merchants. The Planning Commission should deny the proposal. Thank you,, Tom Misterly Newport Beach Planning Commission - April 5, 2018 Item No. 2c Additional Materials Received Agape Art Collective (PA2017-232) Subject: RE: tattoo parlor -----Original Message ----- From: james turner [mailto:james.turner620@gmail.com] Sent: Wednesday, April 04, 2018 12:20 PM To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov> Subject: tattoo parlor 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 Planning Commission - April 5, 2018 Item No. 2c Additional Materials Received Agape Art Collective (PA2017-232) To: Westmoreland, Liz Cc: Garciamay, Ruby Subject: RE: Tatoo Parlor -----Original Message ----- From: James & Nancy Turner [mailto:noturner@gmail.com] Sent: Wednesday, April 04, 2018 12:09 PM To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov> Subject: Tatoo Parlor Apri14,2018 Dear Liz, 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 Planning Commission - April 5, 2018 Agape Art Collective - Min /MQ�rN , iti hAatert Collective (P At Meeting V 1 �7 � gape Art Collective (PA2017-232) Planning Commission Public Hearing April 5, 2o18 witirtinn and Backnrotinci® Minor Use Permit Personal Services, Restricted (Land Use) %I ... may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts..." April 5, zoz8 Community Development Department -Planning Division ProjectVicinity l v 0- Planning Commission - April 5, 2018 Item No. 2d - Additional Materials Pre Meeting Agape Art Coll -232) �Irniect DP 885 SFTenant Space Hours of operation from to am - lopm Mainly appointments OC Health Department — California Safe Body Art Act April 5, 2oi8 •idr• r J Community Development Department- Planning Division 7 c 0 St01808 133.02 sq ft RESONATED DRAWING AREA TABLE SOFA FWFA t 7yAIR `. 18.35 ;q R I ; C WAITINGAREA 883.93 sq k April 5, zoi8 Community Development Department- Planning Division Storage 119.63 W It COUJTERTOP WMR CHAIR O COUNTERTOP Disnersir oEmjlsh Talmo Compan' WOPOSEO Site HoaN h1 r - Inkyartl Tallon 7 Ncwparl BeacF ��aa N�gnysY ONOwportTattoo Llda Isle QBalboa Ta o Newport Beach pier B A L B O A a 0 Ah agape art collective �Ia rki nc .)ncl tjsinn16"MM Staff Recommendation 6- Conduct a public hearing Find Project Categorically ■ Approve Minor Use Permit (PA2017-232) Exempt from CEQA No. UP2017-031 Alternatives Provide additional and/or revised conditions ir Deny based on inability to make findings April 5, zos8 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 - April 5, 2018 Item No. 2d - Additional Materials Presented At Meeting Agape Art Collective (PA2017-232) Municipal Lot Planning Commission - April 5, 2018 Item No. 2d - Additional Materials Presented At Meeting Agape Art Collective (PA2017-232) to W to Disnersir ® IRVINE BUSINESS L OMPLE% v� 4abpym 4 O QOuter Limits Tattoo © 8g Boomers! 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