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HomeMy WebLinkAbout20190321_Resolution_PC2019-009RESOLUTION NO. PC2019-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING 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. 1. An application was filed by E. Art Gallery ("Applicant"), with respect to property located at 2721 East Coast Highway, Suite 104, Assessor's Parcel Number459-171-14 ("Property"), requesting approval of a minor use permit. 2. The Applicant proposes a tattoo studio (Personal Services, Restricted land use) in conjunction with an art gallery/studio within an existing commercial tenant space ("Project".) 3. The Property is designated Corridor Commercial ("CC") by the General Plan Land Use Element. 4. The Property is located within the coastal zone and is within the CC Zoning District. A coastal development permit is not required as the 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 Ralph M. Brown Act and the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission voted (3-2) to adopt Planning Commission Resolution No. PC2018-032 denying Minor Use Permit No. UP2018-014 (PA2018-177). 6. On December 20, 2018, the Planning Commission's decision to deny Use Permit No. UP2018-014 was appealed by the Applicant. The appeal was filed to review the Facts Not in Support of Findings in Planning Commission Resolution No. PC2018-032. 7. A City Council public hearing was held on February 26, 2019, 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 City Council at this hearing. The City Council voted (7-0) to refer the item back to the Planning Commission for further consideration, in accordance with NBMC Section 21.64.030(C)(3), due to written correspondence containing new information regarding the Project. Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 2 of 9 8. A Planning Commission public hearing was held on March 21, 2019, 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 Ralph M. Brown Act and 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 ("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 Project will allow the operation of a tattoo studio and art gallery/studio 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 consistentvi.ith the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan Land Use Element designation for the Property is CC. The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing building onsite operates with commercial uses, with primarily retail and service uses occupying the Property. The 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 al/oood Vlithin the applicable zoning district and complies Vlith all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 12-06-18 1. The Property is located within the CC Zoning District and CC Coastal Zoning District. Within NBMC Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), the CC District allows Personal Services, Restricted Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 3 of 9 uses subject to the approval of a minor use permit. The art gallery/studio component is permitted by right within the CC Zoning District. Both uses are allowed uses within the CC Coastal Zoning District pursuant to NBMC 21.20.020 (Commercial Coas1al Zoning Districts and Land Uses). 2. The existing multi-tenant commercial building is considered legal non-conforming because the Property does not comply with current off-street parking requirements. NBMC Sections 20.38.060(8)(1) and 21.38.060(8)(1) allow 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 two hundred fifty (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 two hundred fifty (250) square feet of gross floor area. 3. While the Project does include live models, as proposed, live modeling does not meet the definition of an "adult oriented business" and/or an "adult model studio" as provided in Section 5.96.01 Oofthe NBMC. A condition of approval has been added which prohibits an "adult modelstudio"without additionalcompliancewith the Citys requirements for adult model studios. Finding: C. The design, location, size, and operating characteristics of the use are compatible Vlith the al/oVted uses in the vicinity. Facts in Support of Finding: 12-06-18 1. The tattoo studio and art gallery/studio will be located within an existing tenant space. There is no increase in floor area proposed as a part of the tenant improvements necessary to convert the existing space into a tattoo studio and art gallery/studio. The plans have been resubmitted correcting the floor area from 693 square feet to 513 square feet. The change in floor area will not affect the scope of the Project given that 513 square feet is sufficient for two (2) workstations and additional conditions of approval limiting hours of operation and scheduling of appointments. 2. The proposed operation will consist of two (2) workstations. A maximum of two (2) 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 for tattooing. No designated receptionist will be provided. The hours of operation for the business will be from 10:00 a.m. to 8:00 p.m., daily. The Project has been Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 4 of 9 conditioned to require at least a thirty (30) minute gap between each client appointment with their respective tattoo artist in order 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 service, various retail sales uses, and fitness studio uses. Its operating characteristics are similar to other service uses, such as barber and beauty shops. The tattoo studio aspect of the business is accessory to the art gallery/studio. 5. The proposed tattoo studio's anticipated number of patrons and related traffic would be similar to other service uses, such as beauty salons and barber shops; however, the level of activity would be limited to a 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 Property. 7. There are five (5) tattoo studios currently operating within the City: three (3) on the Balboa Peninsula, one (1) in Newport Shores and one (1) in Newport Heights. Of the five (5), the nearest is Agape Art Collective, located approximately four (4) miles away on Old Newport Boulevard. Therefore, the Project would not create an over-concentration 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 three hundred (300) feet of the Property. Thus, the Project would not create or continue a concentration of such uses therefore, there is an adequate dispersal of personal services, restricted land uses. Finding: D. The Property is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medicalj access and public services and utilities. Facts in Support of Finding: 12-06-18 1. The is currently operating as a commercial building with mainly service and retail uses, 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 Property's ability to provide public and emergency vehicle access and public services and utilities. Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 5 of 9 2. The Project will be located in a tenant space within an existing commercial building and will not involve substantial construction within or outside of the space with the exception of minor tenant improvements. The design, size, location, and operating characteristics of the use are compatible with the existing uses on the Property 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 oould not be detrimental to the harmonious and orderly grovll:h of the City, or endanger, jeopardize, or otherVLise constitute a hazard to the public convenience, health, interest, a safety, or general oo/fare of persons residing oroorking in the neighborhood of the proposed use. Facts in Support of Finding: 1. 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 Property 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 studio will be subject to inspections to ensure it maintains proper sanitary facilities and that it meets all health regulations prior to issuing a permit through the County's permitting process. The Orange County Health Department inspections take place after the applicant receives zoning approval from the local jurisdiction. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves UP2018-014, 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. 12-06-18 Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 6 of 9 PASSED,APPROVED,AND ADOPTED THIS 21sr DAY OF MARCH, 2019. AYES: Ellmore, Kramer, Weigand, and Zak NOES: Lowrey ABSTAIN: None ABSENT: Kleiman and Koetting 12-06-18 Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 7 of 9 EXHIBIT "A" 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 art gallery/studio. 3. The hours of operation for the business shall be limited to 10:00 a.m. to 8:00 p.m., daily. 4. Tattoo services shall be scheduled byappointmentonlyand no oolk-in customers shall be accepted. 5. There shall be no appointments accepted after 7:00 p.m., daily. 6. To avoid overlapping appointments and minimize parking demand, a minimum of thirty (30) minutes shall be provided berneen the individual tattoo artist's appointments. 7. A maximum of fvlo (2) tattoo artists shall operate at one time. 8. Each artist shall be registered and licensed wth the Orange County Health Department. Saic:f license shall be made available upon request of the City's Code Enforcement Division at any time. 9. Any/al/ tattoo services shall be conducted at one of the tattooing stations (f:VLO (2) total provided) as depicted on the floor plan. 10. No seating shall be provided outside of the tenant space. Patrons and employees shall not congregate in any outdoor areas. 11. All proposed signs shall be in conformance wth the provisions of NBMC Chapter 20.42 (Sign Standards). 12. Use Permit No. UP201 B-014 shall expire unless exercised wthin rnenty four (24) months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwse granted. 13. There shall be no unaccompanied minors present in the tenant space Vlhile body art appointments take place. 12-06-18 Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 8 of 9 14. Any activity that meets the definition of ''Adult model studio" provided in NBMC Chapter 5.96 (Adult Oriented Business) shall be prohibited. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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. 17. 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. 18. 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. 19. 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. 20. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) 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. 21. 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. 22. 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 twenty (20) feet of the premises. 23. 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). 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 12-06-18 Resolution not effective due to appeal and subsequent withdrawal of application Planning Commission Resolution No. PC2019-009 Page 9 of 9 media broadcast, or any other activities as specified in the NBMC to require such permits. 25. This approval shall expire and become void unless exercised within twenty four (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, representatives, volunteers, 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 E Art Gallery including, but not limited to, Use Permit No. UP2018-014 (PA2018-177). 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. 12-06-18 Resolution not effective due to appeal and subsequent withdrawal of application