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