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HomeMy WebLinkAboutPC2018-018 - MUP FOR A TATTOO STUDIO (PERSONAL SERVICES, RESTRICTED USE) - 365 OLD NEWPORT BOULEVARDRESOLUTION NO. PC2018-018 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. An application was filed by Agape Art Collective ("Applicant"), with respect to property located at 365 Old Newport Boulevard, Assessor's Parcel Number 425-272-01 ("Property"), requesting approval of a minor use permit. 2. The Applicant proposes a tattoo studio (Personal Services, Restricted land use) in conjunction with an artist's studio within an existing commercial tenant space. According to the Applicant, he specializes in a number of different artistic mediums and tattoos are only one small aspect of his work. To that end, the Applicant has voluntarily agreed to limit the number of tattoo artists that may work in his studio during the hours of 10:00 a.m. to 5:00 p.m. to one (1) artist. 3. The Property is designated General Commercial Office ("CO -G") by the General Plan Land Use Element and is located within the Office General ("OG") Zoning District. 4. The Property is not located within the coastal zone. 5. A Zoning Administrator public hearing was held on February 27, 2018, in the Corona del Mar Conference Room (Bay E -1st Floor) located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. At the conclusion of the public hearing on this item, the Zoning Administrator referred the application to the Planning Commission for review. 6. The item was continued at the Planning Commission public hearing on March 22, 2018 due to a typographical error in the public notice. In order to provide adequate notice in compliance with the NBMC, the item was continued to the April 5, 2018 Planning Commission public hearing. 7. A Planning Commission public hearing was held on April 5, 2018 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. The Planning Commission unanimously voted (6-0) to continue the item to allow time for the Applicant to work with staff to better explain his project and develop project changes to address Commission concerns. Planning Commission Resolution No. PC2018-018 Paqe 2 of 9 8. A subsequent Planning Commission public hearing was held on May 17, 2018 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. The Planning Commission voted (3-2) to continue the item to allow a greater number of commissioners to review and evaluate the revised project. 9. A subsequent Planning Commission public hearing was held on June 21, 2018 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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. 601 X" 9 101,11 119M 10 X0111 1 103:453 a 1611 Q I i! 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: 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. 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. 12-21-17 Planning Commission Resolution No. PC2018-018 Page 3 of 9 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(6)(1) allows a nonconforming use to change to a new use without providing additional parking given there is no intensification or enlargement and the new use requires no more than one parking space per 250 square feet of gross area. The proposed use is acceptable as it does not include an intensification or expansion of floor area and one parking space is required per every 250 square feet of gross floor area. 3. The project site is not located within the coastal zone. 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. 3. The artists will operate on an appointment only basis with no "walk-in" services. No designated receptionist will be provided. The hours of operation for the business will be from 10:00 a.m. to 9:00 p.m. daily. Appointments will be concentrated between the hours of 5:00 p.m. and 9:00 p.m., when surrounding office uses tend to close. To minimize impacts on parking demand during daytime hours, the number of tattoo artists operating shall be limited to one until 5:00 p.m. Also, the project has been conditioned to require at least a thirty (30) minute gap between individual artist's appointments to avoid overlap. 4. The proposed tattoo studio use is a service use that will be complementary to the other uses in the commercial building and surrounding area, which include food 12-21-17 Planning Commission Resolution No. PC2018-018 Paae 4 of 9 service, various retail sales uses, and an art gallery. Its operating characteristics are similar to other service uses such as barber and beauty shops. 5. The number of patrons and related traffic would be similar to service uses such as beauty salons and barber shops, but would be limited to greater extent due to the maximum number of chairs permitted to operate at any time. 6. The proposed tattoo service business will provide a service for residents of the greater community and visitors to the area and will not require the provision of additional parking spaces on site. 7. There are four tattoo studios currently operating within the City: three on the Balboa Peninsula and one in Newport Shores. Of the three located on the Balboa Peninsula, the nearest is Ink Yard Tattoo and Art Gallery located approximately a half -mile south (+/-2,900 feet) on Newport Boulevard. The English Tattoo Company is located in Newport Shores along Coast Highway, approximately 1.5 miles northwest from the subject property. Therefore, the proposed project would not create an overconcentration of tattoo service uses within the area. 8. There are no permitted Personal Services, Restricted land uses (i.e., day spas, healing arts, tanning salons, and tattoo services) within the subject building or within at least 300 feet of the site. Thus, the proposed project would not create or perpetuate a cluster of such uses, resulting in adequate dispersal of personal services, restricted land uses. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1 The project site has operated as a commercial building with mainly service, restaurant, and retail uses for more than a decade, which demonstrates that it is physically suitable to support the existing commercial development. The addition of a tattoo studio use within an existing commercial building will not alter the site's ability to provide public and emergency vehicle access and public services and utilities. 2. The proposed project will be located in a tenant space within an existing commercial building and will not involve any construction within or outside of the space. Only minor updates are proposed in the space such as painting, carpet replacement/removal, and the addition of furniture. The design, size, location, and operating characteristics of the use are compatible with the existing uses on the site and within the surrounding area. 12-21-17 Planning Commission Resolution No. PC2018-018 Paae 5 of 9 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. Findin,q: E Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding The project has been reviewed and this approval includes conditions to establish the permitted hours of operation and the maximum number of tattoo artists allowed to operate on site at any one time. 2. Tattoo studio operators and artists are required to register with the Orange County Health Department and are regulated by the California Safe Body Art Act, which was enacted July 1, 2012, to ensure safe operating procedures are practiced. The primary artist is registered with the Orange County Health Care Agency. The studio will be subject to inspections to ensure it maintains proper sanitary facilities and that it meets all health regulations. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves UP2017-031, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution is adopted, unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Chapter 20.64. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF JUNE, 2018. AYES: Dunlap, Koetting, Kramer, Weigand and Zak NOES: ABSENT: Kleiman 12-21-17 M BY: Erik Weigand, Secretary 12-21-17 Planning Commission Resolution No. PC2018-018 Page 6 of 9 Planning Commission Resolution No. PC2018-018 Paae 7 of 9 M CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The tattoo component shall remain as an ancillary use to the primary use as an artist's studio. 3. The hours of operation for the business shall be limited to 10:00 a. m. to 9:00 p. m., daily. 4. Tattoo services shall be scheduled by appointment only and no walk-in customers shall be accepted. 5. There shall be no appointments accepted after 8:00 p.m., daily. 6. To avoid overlapping appointments and minimize parking demand, a minimum of thirty (30) minutes shall be provided between the individual tattoo artist's appointments. 7. There shall be no admittance of anyone under the age of 18, unless accompanied by an adult. 8. Between the hours of 10:00 a.m. and 5:00 p.m. daily, a maximum of one (1) tattoo artist shall operate at one time. In the evening, between the hours of 5:00 p.m. to 9:00 p.m, daily, the number of tattoo artists operating at one time shall be limited to two (2). 9. 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. 10. Any/all tattoo services shall be conducted at one of the tattooing stations (three total provided) as depicted on the floor plan. 11. No seating shall be provided outside of the tenant space. Patrons and employees shall not congregate in any outdoor areas including the balcony. 12. All proposed signs shall be in conformance with the provisions of NEMC Chapter 20.42 (Signs). Any second floor signage would require the approval of a comprehensive sign program. The existing, unpermitted roof sign shall be removed prior to operation. 12-21-17 Planning Commission Resolution No. PC2018-018 Paae 8 of 9 13. 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. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. This Use Permit may be modified or revoked by the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 NEMC Title 14, including all future amendments (including Water Quality related requirements). 12-21-17 Planning Commission Resolution No. PC2018-018 Page 9 of 9 23. 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. 24. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NEMC to require such permits. 25. 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. 26. 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