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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 30, 2021
Agenda Item No. 25
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Matt Schneider, Principal Planner
mschneider@newportbeachca.gov
PHONE: 949-644-3219
TITLE: Ordinance No. 2021-27: A Code Amendment Related to Tattoo
Establishments (PA2020-030)
ABSTRACT:
For the City Council's consideration are the proposed code amendments to Titles 20
(Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code (NBMC) updating development standards related to tattoo
establishments. The purpose of the code update is to ensure the NBMC is consistent with
both state and case law as it pertains to tattoo establishments. If the City Council approves
the update, the changes will be forwarded to the California Coastal Commission for its
consideration.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this project categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA
applies only to projects, which have the potential for causing a significant effect on the
environment and pursuant to Section 15265(a)(1), which exempts local governments
from the requirements of CEQA in connection with the adoption of a Local Coastal
Program;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No.
2021-27, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Zoning Code Amendment No. CA2020-002 to Amend Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code Related to Tattoo Establishment
Development Standards (PA2020-030) and pass to second reading on December 14,
2021; and
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d) Adopt Resolution No. 2021-127, A Resolution of the City Council of the City of Newport
Beach, California, to Authorize Submittal of Local Coastal Program Amendment No.
LC2020-002 to the California Coastal Commission to Amend Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code Related to the
Tattoo Establishment Development Standards (PA2020-030)
DISCUSSION:
Over the past decade, cities have seen a rapid increase in the number of tattoo
establishments given the rise in popularity of tattooing. In 2011, then Governor Jerry
Brown signed into law, the Safe Board Art Act, which sets uniform standards for the body
art industry, including tattooing. These regulations are codified in California Health and
Safety Code Section 119300 et seq. requiring body art practitioners to complete a
registration process, obtain annual bloodborne pathogen training, provide documentation
of vaccination status, and obtain relevant health information and informed consent from
clients.
Many cities have adopted zoning ordinances related to the use ranging from an all-out
ban to requiring a conditional use permit with conditions to mitigate impacts associated
with the use. In Newport Beach's case, Titles 20 (Planning and Zoning) and 21 (Local
Coastal Program Implementation Plan) of the NBMC classify tattoo businesses as a
Restricted Personal Service, which is permitted in all office zones, commercial zones
(except the CM zone) and mixed-use zones, subject to a minor use permit (MUP). An
MUP is a discretionary permit requiring a public hearing and is appealable to the Planning
Commission and ultimately to the City Council.
Over time, prospective operators have challenged cities' zoning codes applicable to tattoo
establishments on the basis that tattooing is protected speech under the First Amendment
of the United States Constitution (First Amendment).
In Anderson v. City of Hermosa, (9t" Cir. 2010) 621 F.3d 1051, a prospective operator
challenged Hermosa Beach's ban on tattoo parlors. The city justified the ban based upon
the risk of infection and the possibility of diseases. At the time, the county health official
responsible for inspecting tattoo establishments testified to being overwhelmed by the
number of inspections required. On appeal, the 9t" Circuit overturned the district court's
decision and held that tattoos are purely expressive activity protected under the First
Amendment. The court took a rather expansive view as to what aspects of tattooing were
protected by the First Amendment to include the tattoo itself, the process of tattooing, and
the business of tattooing.
Seven years later, a suit was brought against the City of Long Beach's tattoo ordinance
that required a conditional use permit; separation requirements from adult entertainment,
arcade, fortunetelling, tattoo parlors and taverns; and hours of operation between 7 a.m.
and 10 p.m.
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Similar to conditional use permit findings in other jurisdictions, the Long Beach Municipal
Code included a finding that the proposed use will not be detrimental to the surrounding
community including public health, safety or general welfare, environmental quality or
quality of life, Real v. City of Long Beach, (9t" Cir. 2017) 852 F.3d 929. While the City of
Long Beach argued that the petitioner lacked standing to sue (because they had not
applied for a conditional use permit) and that the ordinance did not restrict speech, but
rather, placed reasonable time, place and manner restrictions on the use. The court
ultimately disagreed. With respect to the standing argument, the court held that when a
licensing ordinance vests unbridled discretion in a government official over whether to
permit or deny expressive activity, a prospective operator has standing to challenge the
ordinance in spite of never having applied for a conditional use permit. With respect to
the City of Long Beach's argument that the ordinance did not unduly restrict expressive
activity, but rather, consisted of time, place and manner restrictions, the court reasoned
that the ordinance was not narrowly tailored to serve a significant governmental interest
and allow ample alternative channels for expression.
These two decisions by the courts serve as a guide to the City of Newport Beach in
updating its zoning provisions related to tattoo establishments.
Summary of City's Current Regulations
Sections 20.70.020 and 21.70.020 of the NBMC define tattoo services as a Restricted
Personal Service use which is broadly permitted in all office zones, commercial zones
(except the CM zone) and mixed-use zones subject to MUP. This use classification is
intended for personal service establishments that may need to be dispersed from other
similar uses to minimize adverse impacts. Other personal service uses classified under
this category include day spas, healing arts and tanning salons. In order to approve the
MUP, the Zoning Administrator must find:
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 this 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; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the city, nor 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.
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The above criteria required for approving a tattoo establishment are subjective in nature
and raise concerns that a court would find these standards vest unbridled discretion in
granting a permit to operate and whether they are narrowly tailored to serve a significant
governmental interest and allow ample alternative channels for expression in accordance
with the Long Beach decision.
Proaosed Amendment
The proposed code amendment would allow ministerial approval of tattoo establishments
in commercial zones of the City subject to separate requirements and other development
and operational standards delineated below. The proposed code amendment would serve
the objectives of creating reasonable time, place and manner restrictions as required by
the First Amendment while also ensuring tattoo establishments are compatible with the
surrounding area, do not result in an overconcentration, and maintain the quality and
character of the community.
Definition and Table Revision
The proposed code amendment defines tattoo establishments as its own use type
(Attachment A) separate and distinct from other Restricted Personal Service Use
types and modifies relevant tables demonstrating the zoning districts where tattoo
establishments are permitted.
Development Standards
The proposed code amendment incorporates development standards for the
operation of a tattoo establishment including zones where the use is allowed, site
and floor plan requirements to ensure the operation is fully contained within the
building and does not spillover to the outdoors, parking requirements, signage
requirements as well as separation requirements. With respect to the zones where
the use would be allowed, tattoo establishments would be authorized only in the
following specific zones: CG (Commercial General), OG (Office General), and OR
(Office Regional).
With respect to the separation requirements, a tattoo establishment could not
operate within 1,000 feet of another tattoo establishment, 500 feet of sensitive uses
such as schools or playgrounds, and 500 feet from residential. The proposed
zoning districts, along with the separate requirement, ensures ample locations for
tattoo establishments to locate while preventing overconcentration, ensuring
compatibility with surrounding uses, and mitigating secondary effects. Staff
analyzed the proposed locational requirements and found that in addition to the
five existing tattoo establishments currently operating in the City, there are
approximately 150-200 potentially available sites for the establishment of new
tattoo business when factoring in the locational requirements under the proposed
code amendment and the number of existing suites/offices provided at these
locations.
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It is important to note that the proposed 1,000 -foot separation requirement
between tattoo establishments will diminish the availability of sites as new tattoo
businesses are opened.
Operating Standards
The proposed ordinance would establish hours of operation, ensure the operation
and the area within its vicinity are properly maintained, require the operation to be
in compliance with Chapter 10.26 (Community Noise Control) noise requirements,
require security cameras and screening, as well as limiting the consumption of
alcohol or marijuana on the premises.
Finally, tattoo establishments and artists operating within the establishment are
required to comply with all other applicable license and permitting requirements.
Existing Tattoo Establishments
There are five existing tattoo establishments within the City that are legally permitted to
operate under the City's current zoning regulations. These five establishments would
become legal non -conforming uses as a result of adopting the proposed code amendment
based upon the zoning district in which they are located or the locational/separation
requirements of the proposed ordinance. As non -conforming uses, these establishments
would be able to continue operating but would be required to obtain a conditional use
permit in order to expand or intensify their use in accordance with Section 20.38.050
(Nonconforming Uses) of the NBMC. Non -conforming rights to operate would cease in
the event the tattoo establishment use is discontinued for 180 consecutive days.
General Plan Consiste
The proposed code amendment does not introduce any new Zoning Districts or General
Plan Land Use Plan Categories in which tattoo establishments would be permitted. The
General Commercial and Regional Commercial Office are the two General Plan Land
Use Categories under which tattoo establishments would continue to be allowed. These
two designations allow for a range of uses and are consistent with the proposed Zoning
Code amendment.
Local Coastal Plan
Similar to Title 20 (Planning and Zoning), Title 21 (Local Coastal Program Implementation
Plan) currently regulates tattoo establishments. Therefore, subsequent to City Council
adoption of this Zoning Code Amendment, staff will submit corresponding amendments
(Attachment B) to the LCP for review and approval of the California Coastal Commission.
Plannina Commission Recommendation
The proposed code amendment was initially presented to the Planning Commission on
May 6, 2021.
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After receiving a presentation from staff and discussing the item, the Planning Commission
voted (7-0) to continue the item to allow staff additional time to research and respond to the
Commission's questions such as exploring smoking limitations and hours of operations
(Attachment D). At the July 22, 2021, Planning Commission meeting, staff provided
feedback to the commission in response to questions from the previous meeting as well as
suggested modifications to the ordinance to limit the hours of operation to appointment only
and a provision that would prohibit clients, guests or staff from smoking withing 20 feet of
the tattoo establishment. At the conclusion of the public hearing and after deliberations,
the Planning Commission adopted Resolution Nos. PC2020-018 and PC2020-019 by a
vote of 5-0 (2 members absent); thereby recommending the City Council adopt the zoning
ordinance and local coastal program amendment (Attachments F & G). It should be noted
that staff incorporated one clarification to the proposed amendment to make clear
separation requirements from existing legal non -conforming properties within the Santa
Ana Heights Specific Plan are excluded from residential separation requirements. A small
number of legal non -conforming properties remain in proximity to areas in which tattoo
establishments would be permitted under the proposed ordinance; however, the overall
intent of the zoning in this area is to support business park uses. The small number of
legacy residential uses that currently remain are expected to transition to office or
commercial uses overtime.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The Code Amendment is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment. While
this amendment would allow tattoo establishments as a permitted use within the City, it does
not authorize new development that would directly result in physical changes to the
environment. There is no evidence that amending the regulations for tattoo establishments
would result in any new effects on the environment. Additionally, pursuant to CEQA
Guidelines Section 15265(a)(1), local governments are exempt from the requirements of
CEQA in connection with the adoption of a Local Coastal Program.
NOTICING:
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP amendment was made available and a Notice of Availability was distributed on
September 28, 2021.
Notice of the proposed amendments was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the NBMC. The item also appears on the
agenda for this meeting, which was posted at City Hall and on the City Website. Finally,
notice was mailed to all property and business owners for properties and/or businesses
that were previously identified as having a nonconforming sign; as well as, emailed to all
persons that submitted written correspondence regarding this item.
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ATTACHMENTS:
Attachment A —
Zoning Ordinance No. 2021-27
Attachment B —
City Council Resolution No. 2021-127
Attachment C —
Planning Commission Staff Report July 22, 2021
Attachment D —
May 6, 2021 Planning Commission Minutes Except
Attachment E —
July 22, 2021 Planning Commission Minutes Except
Attachment F —
Planning Commission Resolution No. PC2020-018
Attachment G —
Planning Commission Resolution No. PC2020-019
Attachment H —
Strike Out Redline
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Attachment A
Ordinance No. 2021- 27
25-8
ORDINANCE NO. 2021-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT NO. CA2020-002 TO AMEND TITLE 20
(PLANNING AND ZONING) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO TATTOO
ESTABLISHMENT DEVELOPMENT STANDARDS (PA2020-
030)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") authorizes Restricted Personal Service uses which includes day spas, healing
arts, tanning salons, tattoo and body piercing establishments in office, commercial (with
the exception of the Commercial Recreational and Marine zone), and mixed-use zones
subject to approval of a minor use permit;
WHEREAS, two 9th Circuit opinions struck the City of Hermosa Beach's ban on
tattoo establishments based upon the risk of infection' and the City of Long Beach's
conditional use permit requirement for the establishment of a tattoo parlor2 as violating
the First Amendment of the U.S. Constitution;
WHEREAS, the 9th Circuit decisions limit a local jurisdiction's ability to require
discretionary permits approval for this protected class of free speech, however, cities may
apply time, place and manner restrictions through the application of objective standards
such as hours of operation, separation requirements and appropriate zoning districts for
new applications;
WHEREAS, on April 14, 2020, the City Council adopted Resolution No. 2020-35
to initiate a code amendment related to tattoo services ("ZCA No. CA2020-002");
Anderson v. City of Hermosa Beach, (2010) 621 F.3d 1051.
2 Real v. City of Long Beach, (2017) 852 F.3d 929.
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Ordinance No. 2021 -
Page 2 of 4
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 6, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and
purpose of the public hearing was given in accordance with the California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
WHEREAS, after receiving a presentation from staff and discussing the item the
Planning Commission voted (7-0) to continue the item to allow staff additional time to
research and respond to Planning Commission's questions;
WHEREAS, a public hearing was held by the Planning Commission on July 22,
2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing. At the conclusion of the public hearing and
after deliberations, the Planning Commission adopted Resolution Nos. PC2021-018 and
PC2021-019; recommending the City Council adopt ZCA No. CA -2020-002; and
WHEREAS, a public hearing was held by the City Council on November 30, 2021,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act and Chapter 20.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does herby approve ZCA No.CA2020-02 to amend
Title 20 (Planning and Zoning) of the NBMC updating development standards for tattoo
establishments, attached hereto as Exhibit "A" and incorporated herein by reference.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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Ordinance No. 2021 -
Page 3 of 4
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this ordinance
is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant
to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment.
While this amendment would allow tattoo establishments as a permitted use within the
City, it does not authorize new development that would directly result in physical changes
to the environment. There is no evidence or known special circumstances that amending
the regulations for tattoo establishments would result in any new effects on the
environment.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2021 -
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Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 30th day of November, 2021, and adopted on the 14th day
of December, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARO. HARP,JCITY ATTORNEY
Attachment(s): Exhibit A — Zoning Code Amendment No. CA2020-02
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Exhibit A
Page 1 of 4
EXHIBIT A
Zoning Code Amendment No. CA2020-02
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements) of
Section 20.20.020(C) (Commercial Zoning Districts Land Uses and Permit Requirements)
of the NBMC are amended to add "Tattoo Establishments" under Service Uses - General
with all other portions of Tables 2-4 and 2-5 remaining unchanged:
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
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Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
ALLOWED USES AND PERMIT
TABLE 2-4
REQUIREMENTS
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section 20.52.020)
— Not allowed
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
CC
CG
CM
CN
CV
See Part 7 of this title for land use definitions.
OA
OG
OM
OR
Specific Use
Regulations
See Chapter 20.12 for unlisted uses.
Regulations
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
P
Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
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Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section 20.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for land use definitions.
CC
CG
CM
CN
CV
CV -LV
Specific Use
Regulations
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
—
—
—
Section
20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
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Exhibit A
Page 2 of 4
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the
Commercial Zoning Districts identified in Chapter 20.20 (Commercial
Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV -LV)).
2. Site and Floor Plans. The site and floor plans shall incorporate design
features to ensure the activities and operation, including seating and waiting
areas, are conducted entirely within the building or structure.
3. Parking. Parking shall comply with Chapter 20.40 (Off -Street Parking). The
"Personal Services, General" parking requirement set forth in Table 3-10
(20.40.040 Off Street Parking Spaces Required) shall apply to all tattoo
establishments
4. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition,
a sign shall be visible at all entrances stating, "No tattoo service will be
provided for any person under the age of 18."
5. Location Restrictions. Tattoo establishments shall maintain the following
separation requirements:
i. One thousand (1,000) feet from another tattoo establishment;
ii. Five hundred (500) feet from any primary or secondary school or
park or playground as measured from lot line to lot line; and
iii. Five hundred (500) feet from the boundary of any residential
structure or residential use, including residential uses in mixed-use
zoning districts excluding legal non -conforming residential properties
within the Santa Ana Heights Specific Plan
B. Operating Standards.
1. Hours of Operation. Operating hours shall be limited to 10:00 a.m. to 10:00
p.m. scheduled by appointment only. No walk-ins shall be accepted.
2. Maintenance. The owner or operator shall:
i. Maintain the exterior of the premises free of litter and graffiti at all
times; and
ii. Provide for daily removal of trash, litter, debris and graffiti from the
premises and abutting sidewalks within twenty (20) feet of the
premises.
3. Noise. The owner or operator shall be responsible for the control of noise
generated by the tattoo establishment. All noise generated by the use shall
comply with the provisions of Chapter 10.26 (Community Noise Control)
and other applicable noise control requirements of the Newport Beach
Municipal Code.
4. Security. The owner or operator shall maintain security cameras covering
all entrances and exits to/from the establishment, the public right-of-way
fronting the establishment and the parking facility serving the
establishment. The recording shall be retained for no less than thirty (30)
days and shall be made available to the Police Department upon request.
5. Consumption. The service or use of alcohol or marijuana shall be prohibited.
Clients, guests, visitors, or staff shall not smoke within twenty (20) feet of
the premises.
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Exhibit A
Page 3 of 4
6. Screening. All tattoo services shall be screened so as not to be visible to
the exterior of the business.
C. Other Licenses and Permits. The owner or operator shall comply with all applicable
State, County and City Health and Human Services regulations including, but not
limited to the State Safe Body Art Act regarding the establishment and operation of
businesses engaged in tattooing, body piercing and permanent cosmetic application.
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.
Section 3: The definition of "Personal Services (Land Use)" in Section
20.70.020 (Definitions of Specialized Terms and Phrases) of the NBMC is amended to
revise the definition of "Personal Services (Land Use)" and add the definition of "Tattoo
Establishment" to read as follows:
Personal Services (land use).
1. General. Establishments that provide recurrently needed services of a personal
nature. Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
2. 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."
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Exhibit A
Page 4 of 4
c. Tanning salons.
d. Body piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
Section 4: The definition of "Tattoo Establishment (land use)" is added to
Section 20.70.020 (Definition of Specialized Terms) to read as follows:
"Tattoo Establishment (land use)" means an establishment where the insertion of
pigment, ink or dye is applied under the surface of the skin by a person pricking with a
needle or otherwise, to permanently change the color or appearance of the skin or to
produce an indelible mark or figure visible through the skin in exchange for financial or
other valuable consideration. It does not include the application of permanent make-up
that is performed as an incidental service in a beauty shop, day spa, or dermatology office.
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Attachment B
Resolution No. 2021-127
25-17
RESOLUTION NO. 2021-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, TO AUTHORIZE
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2020-002 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO
TATTOO ESTABLISHMENT DEVELOPMENT STANDARDS
(PA2020-030)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a local coastal program ("LCP") for the portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of
Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program")
as amended from time to time including most recently on September 14, 2021, via
Resolution No. 2021-79;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21
(Local Coastal Program Implementation Plan) ("Title 21 ") to the Newport Beach Municipal
Code ("NBMC") whereby the City assumed coastal development permit -issuing authority
as of January 30, 2017;
WHEREAS, Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the NBMC authorize Restricted Personal Service uses which
includes day spas, healing arts, tanning salons, tattoo and body piercing establishments
in office, commercial (with the exception of the Commercial Recreational and Marine
zone), and mixed-use zones subject to approval of a minor use permit;
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Resolution No. 2021 -
Page 2 of 5
WHEREAS, two 9th Circuit opinions struck the City of Hermosa Beach's ban on
tattoo establishments based upon the risk of infection' and the City of Long Beach's
conditional use permit requirement for the establishment of a tattoo parlor as violating
the First Amendment of the U.S. Constitution;
WHEREAS, the 911 Circuit decisions limit a local jurisdiction's ability to require
discretionary permits for this protected class of free speech, however, cities may apply
time, place and manner restrictions through the application of objective standards such
as hours of operation, separation requirements and appropriate zoning districts for new
applications;
WHEREAS, on April 14, 2020, the City Council adopted Resolution No. 2020-35
to initiate a code amendment related to tattoo services ("LCP Amendment No. LC2020-
002");
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, review of the draft LCP Amendment No. LC2020-002 was made available and
a Notice of the Availability was distributed on September 28, 2021, which is a minimum
of six weeks prior to the final action date;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 6, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and
purpose of the public hearing was given in accordance with the California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 21.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
WHEREAS, after receiving a presentation from staff and discussing the item, the
Planning Commission voted (7-0) to continue the item to allow staff additional time to
research and respond to the Planning Commission's questions;
Anderson v. City of Hermosa Beach, (2010) 621 F.3d 1051.
2 Real v. City of Long Beach, (2017) 852 F.3d 929.
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Resolution No. 2021 -
Page 3 of 5
WHEREAS, a public hearing was held by the Planning Commission on July 22,
2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the Ralph M. Brown Act and Chapter 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing. At the conclusion of the public hearing and
after deliberations, the Planning Commission adopted Resolution Nos. PC2021-018 and
PC2021-019; recommending the adoption of LCP Amendment No. 2020-002; and
WHEREAS, a public hearing was held by the City Council on November 30, 2021,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act and Chapter 21.62 of the NBMC. Evidence, both written and oral
was presented to, and considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby authorize submittal of LCP Amendment
No. LC2020-002 to amend Section 21.20.020(C) (Commercial Coastal Zoning Districts
Land Uses) and Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Title
21 (Local Coastal Program Implementation Plan) of the NBMC as set forth in Exhibit "A,"
which is attached hereto and incorporated herein by reference, to the California Coastal
Commission.
Section 2: LCP Amendment No. 2020-002 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution and/or ordinance of the City
Council of the City of Newport Beach.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: The Local Coastal Program Coastal Land Use Plan and Title 21
(Local Coastal Program Implementation Plan), including LCP Amendment No. 2020-002,
if approved, will be carried out fully in conformity with the California Coastal Act.
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Resolution No. 2021 -
Page 4 of 5
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the introduction and adoption of this resolution
is exempt pursuant to California Environmental Quality Act ("CEQA") Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. While LCP Amendment No. LC2020-
0002 would allow tattoo establishments as a permitted use within the City, it does not
authorize new development that would directly result in physical changes to the
environment. There is no evidence that amending the regulations for tattoo establishments
would result in any new effects on the environment. Additionally, pursuant to CEQA
Guidelines Section 15265(a)(1), local governments are exempt from the requirements of
CEQA in connection with the adoption of an LCP.
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Resolution No. 2021 -
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 30th day of November 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-t� Qt-� J'-' -
Aaron VHarp
City At rney
Attachment(s): Exhibit A: Local Coastal Program Amendment No. LC2020-002
(PA2020-030)
25-22
Exhibit A
Page 1 of 2
EXHIBIT A
Proposed Local Coastal Program Amendment No. LC2020-002
related to Tattoo Establishment Development Standards (PA2020-030)
Section 1: Table 21.20-1 in Newport Beach Municipal Code ("NBMC") Section
21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is amended to add
"Tattoo Establishments" under Service Uses — General to read as follows with all other
portions of Table 21.20-1 remaining unchanged:
Section 2: The definition of "Personal Services (Land Use)" in Section
21.70.020 of the NBMC (Definitions of Specialized Terms and Phrases) is amended to
read as follows, with all other provisions of Chapter 21.70 remaining unchanged:
Personal Services (land use).
1. General. Establishments that provide recurrently needed services of a personal
nature. Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
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Commercial Coastal Zoning Districts
TABLE 21.20-1
A
Allowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for
CM
Cv
Specific Use
land use definitions.
CC
CG
(3)
CN
(3)
LV
OG
Regulations
(3)
See Chapter 21.12 for unlisted uses.
Service Uses—General
Tattoo Establishments
—
A
—
—
—
—
A
Section 2: The definition of "Personal Services (Land Use)" in Section
21.70.020 of the NBMC (Definitions of Specialized Terms and Phrases) is amended to
read as follows, with all other provisions of Chapter 21.70 remaining unchanged:
Personal Services (land use).
1. General. Establishments that provide recurrently needed services of a personal
nature. Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
25-23
Exhibit A
Page 2 of 2
These uses may also include accessory retail sales of products related to the services
provided.
2. 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. Body piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
Section 3: The definition of "Tattoo Establishment (land use)" is added to
Section 21.70.020 (Definition of Specialized Terms) to reads as follows:
"Tattoo Establishment (land use)" means a business where the insertion of pigment,
ink or dye is applied under the surface of the skin by a person pricking with a needle or
otherwise, to permanently change the color or appearance of the skin or to produce an
indelible mark or figure visible through the skin in exchange for financial or other valuable
consideration. It does not include the application of permanent make-up that is performed
as an incidental service in a beauty shop, day spa, or dermatology office.
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Attachment C
July 22, 2021 Planning Commission Staff Report
25-25
PQR CITY OF NEWPORT BEACH
F n PLANNING COMMISSION STAFF REPORT
July 22, 2021
"C�CdR��P Agenda Item No. 3
SUBJECT: Tattoo Establishment Ordinance Update (PA2020-030)
■ Zoning Code Amendment No. CA2020-002
■ Local Coastal Program Amendment No. LC2020-002
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Matt Schneider, Principal Planner
949-644-3219, mschneider(unewportbeachca.gov
PROJECT SUMMARY
The proposed code amendments to Titles 20 (Planning and Zoning) and 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") would
update development standards related to tattoo establishments. Specifically, Zoning Code
Amendment No. CA2020-002 and Local Coastal Program Amendment No. LC2020-002
("Code Amendment") would define this previously undefined land use category and
establish objective standards to regulate its use.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project categorically exempt from the California Environmental Quality
Act ("CEQA") pursuant to Section 15061(b)(3), the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the
environment and pursuant to Section 15265(a)(1), which exempts local
governments from the requirements of CEQA in connection with the adoption of a
Local Coastal Program;
3) Adopt Resolution No. PC2021-018 (Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2020-002 updating
development standards related to tattoo establishments; and
4) Adopt Resolution No. PC2021-019 (Attachment No. PC 2) recommending the City
Council authorize staff to submit Local Coastal Program Amendment No. LC2020-
002 to the California Coastal Commission.
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25-27
DISCUSSION
Background
This project was previously presented to the Planning Commission at the May 6, 2021
meeting. During the meeting, staff presented a summary of recent legal decisions related
to the zoning of tattoo establishments and the court's view that tattooing is a purely
expressive activity protected under the First Amendment of the U.S. Constitution. Staff
reviewed a Code Amendment designed to address the recent court decisions and
establish reasonable time, place and manner restrictions for tattoo establishments.
Commissioners expressed an interest in gaining a better understanding of the calls for
service for the City's existing tattoo establishments, as well as exploring smoking
limitations, an annual review, larger buffers, hours of operation (including appointment -
only) and focusing the use within zones intended for medical uses. Based on the
Commission's desire for additional information, the item was continued by a vote of 7-0.
Staff has researched the topics/questions raised during the May 6, 2021 meeting and
provides the following responses to the questions that were raised by the Commission.
Calls for Service
The Police Department conducted a review of dispatch events related to the City's five
existing tattoo establishments (Attachment No. PC 4). The review indicated that there
was no notable correlation with regards to day or time of dispatch events at existing tattoo
establishments. It did not find any troublesome establishments or specific burden on
police resources.
Smoking
In response to Commissioner concerns, staff added a provision into the proposed
ordinance that would prohibit clients, guests or staff from smoking withing 20 feet of the
tattoo establishment.
Annual Review
Under the Code Amendment, tattoo establishments would be permitted ministerially. The
ministerial permit process does not afford opportunities for "annual review" in the same
manner that the Commission may annually review discretionary approvals such as
conditional use permits. That said, violations of the proposed development and
operational standards would be addressed via the City's progressive code enforcement
model. Tattoo establishments with code violations could ultimately result in their closure
if not addressed by the operator in a timely and satisfactory manner.
25-28
Buffers
Staff analyzed the proposed locational requirements and found that in addition to the five
existing tattoo establishments currently operating in the City, there are approximately 150
to 200 potentially available sites for the establishment of new tattoo establishments when
factoring in the locational requirements under the Code Amendment and number of
existing suites/offices provided at these locations (Attachment No. PC 5). However, the
number of potentially available sites would be reduced if a new establishment is
approved. With this in mind, staff does not recommend increasing the separation
requirements in order to ensure there are an adequate number of viable locations for
tattoo establishments to operate.
Medical Zoning
The Commission expressed an interest in focusing tattoo establishments into zones
intended for medical uses. The City's existing zoning structure does not include a distinct
zone for medical uses. Medical and dental uses are allowed in the majority of the City's
office and commercial zoning designations, including the OG (Office General), OR (Office
Regional) and CG (Commercial General) zones, where tattoo establishments are
proposed to be permitted under the Code Amendment.
Exhibit "A" of the draft resolution has been
appointment -only requirement, which were
Commission input and subsequent researc
General Plan Consiste
updated to reflect the smoking limitation and
incorporated into the project in response to
h (Attachment No. PC 1).
The Code Amendment does not introduce any new zoning districts or General Plan Land
Use Plan categories in which tattoo establishments would be permitted. The General
Commercial and Regional Commercial Office are the two General Plan Land Use
categories under which tattoo establishments would continue to be allowed. These two
designations allow for a range of uses and are consistent with the Code Amendment.
Local Coastal Proaram (LCP
Similar to Title 20 (Planning and Zoning), Title 21 (Local Coastal Program Implementation
Plan) currently regulates tattoo establishments. Therefore, if adopted by the City Council,
staff will submit corresponding amendments (Attachment No. PC 2) to the LCP for review
and approval of the California Coastal Commission.
Alternatives
The Planning Commission may recommend revisions to the Code Amendment, such as
changing location, separation requirements, and hours or operation with the proviso that
25-29
any revisions would be reasonable time, place and manner restrictions that provide
sufficient opportunities for tattoo establishments to operate.
Environmental Review
The Code and LCP Amendments are exempt pursuant to CEQA Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. While this Code Amendment would allow
tattoo establishments as a permitted use within the City, it does not authorize new
development that would directly result in physical changes to the environment. There is no
evidence that amending the regulations for tattoo establishments would result in any new
effects on the environment. Additionally, pursuant to CEQA Guidelines Section
15265(a)(1), local governments are exempt from the requirements of CEQA in connection
with the adoption of a Local Coastal Program.
Public Notice
Notice of this amendment was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the Municipal Code. The item also
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website. Additionally, notice was sent to the property owners of the five existing tattoo
establishment currently operating in the City.
Prepared by: Submitted by
Matt hneider
Priv pal Planner
ATTACHMENTS
Jim Campbell
Deputy Community Development Director
PC 1 Resolution No. PC2021-018, recommending City Council approve Zoning Code
Amendment No. CA2020-002
PC 2 Resolution No. PC2021-019, recommending approval of submission of Local
Coastal Program Amendment No. LC2020-002
PC 3 May 6, 2021 Planning Commission Staff Report
PC 4 May 6, 2021 Planning Commission Minutes
PC 5 June 9, 2021 Memorandum from Police Department
PC 6 Map of Existing and Proposed Tattoo Establishment Locations
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25-31
Attachment No. PC 1
Planning Commission Resolution No. PC2021-018
(Zoning Code)
25-32
25-33
RESOLUTION NO. PC2021-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL
ADOPT ZONING CODE AMENDMENT NO. CA2020-002
UPDATING DEVELOPMENT STANDARDS RELATED TO
TATTOO ESTABLISHMENTS (PA2020-030)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC")
authorizes Restricted Personal Service uses which includes day spas, healing arts,
tanning salons, tattoo and body piercing establishments in office, commercial (with the
exception of the Commercial Recreational and Marine [CM] zone), and mixed-use zones
subject to approval of a minor use permit.
2. Two (2) Ninth Circuit federal court decisions determined that tattooing constitutes
speech such that it is protected under the First Amendment of the United States
Constitution ("First Amendment"). Specifically, in Anderson v. City of Hermosa Beach,
(9th Cir. 2010) 621 F.3d 1051, the court struck Hermosa Beach's ban on tattoo parlors
justified on the basis of a risk of infection. In Real v. City of Long Beach, (9th Cir. 2017)
852 F.3d 929, the court held that Long Beach's conditional use permit requirement for
tattoo establishments vested unbridled discretion in a government official over whether
to permit or deny expressive activity constituted a prior restraint on speech in violation
of the First Amendment.
3. These decisions limit a local jurisdiction's ability to require discretionary permits approval
for this protected class of free speech, however, cities may apply time, place and manner
restrictions through the application of objective standards such as hours of operation,
separation requirements and appropriate zoning districts for new applications.
4. On April 14, 2020, the City Council adopted Resolution No. 2020-35 to initiate a code
amendment related to tattoo services.
5. A telephonic public hearing was held by the Planning Commission on May 6, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing
restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
25-34
6. After receiving a presentation from staff and discussing the item, the Planning Commission
voted (7-0) to continue the item to allow staff additional time to research and respond to
the Commission's questions.
7. A public hearing was held by the Planning Commission on July 22, 2021, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is exempt from environmental review under the California Environmental Quality
Act ("CEQA") Section 15061(b)(3) of the California Code of Regulations, Title 14, Chapter 3
("CEQA Guidelines"), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment. While this amendment would allow
tattoo establishments as a permitted use within the City, it does not authorize new development
that would directly result in physical changes to the environment. There is no evidence or
known special circumstances that amending the regulations for tattoo establishments would
result in any new effects on the environment.
SECTION 3. FINDINGS.
1. The City, through Titles 20 (Planning and Zoning) and 21 (Local Coastal Program
Implementation Plan), promotes the orderly development of the City; promotes the
public health, safety, peace, comfort, and general welfare; protects the character, social
and economic vitality of neighborhoods; and ensures the beneficial development of the
City. Zoning Code Amendment No. CA2020-002 authorizes tattoo establishments in
commercial zones including the OG (Office General), OR (Office Regional), and CG
(Commercial General) zoning districts where they are compatible with other commercial
uses.
2. A buffer between tattoo establishments and sensitive land uses such as residential
zones, schools, and parks is appropriate and will continue to allow a wide range of
potential alternative sites. These buffer provisions will serve to: (1) protect the quality of
life and neighborhoods in the City, (2) protect the City's retail and commercial trade, (3)
minimize the potential for nuisances related to the operation of tattoo establishments,
(4) protect the well-being, tranquility and privacy of the home with the residential buffer,
and (5) protect the peace, welfare, and privacy of persons who own, operate and/or
patronize tattoo establishments.
3. Establishing distance requirements between other tattoo establishments ensures the
City maintains an adequate number of establishments to serve residents and visitors
while avoiding overconcentration and maintaining a diversity of uses to serve the
community. For example, Newport Beach is comprised of several villages with distinct
and unique commercial cores that serve families and visitors. It is important that the
25-35
character of these commercial core areas remain family- and tourist -oriented. Moreover,
Zoning Code Amendment No. CA2020-002 ensures that adequate sites are available
for the establishment and operation of tattoo establishments in the City as approximately
150 to 200 sites would be available for a tattoo establishment to operate when factoring
in the locational requirements proposed under this ordinance amendment and number
of existing suites/offices provided at these locations. The distance requirements ensure
that there are adequate sites available to provide this use while also ensuring a diversity
of uses within the City.
4. Maintaining adequate separation between establishments as well as locating said
establishments in commercial zones is appropriate in that tattoo establishments may
cause negative secondary effects in the community including the potential to attract
criminal activity. Specifically, data from the Newport Beach Police Department's Calls
for Service ("CFS") which compares the number of CFS during the preceding five (5)
years shows a disparity in the number of calls for tattoo establishments when compared
with other Restricted Personal Services. The City's data shows that since January 2015,
Newport Beach Police Department has received 49 CFS for four (4) tattoo
establishments, in comparison to 12 CFS (when excluding calls for alarms) for three (3)
non -tattoo establishments operating during the same period of time. In addition, there
were no CFS at non -tattoo establishments for incidents recorded as: disturbance,
theft/fraud, drunk in public or battery/fighting in comparison to 22 such incidents
recorded at tattoo establishments. The CFS data for the City of Oceanside (another
coastal city with publicly available CFS data), shows a similar pattern, with substantially
higher CFS for tattoo establishments and recorded incidents of disturbances and violent
crimes in comparison to non -tattoo establishments.
5. Zoning Code Amendment No. CA2020-002 is appropriate to prevent deterioration
and/or degradation of the vitality of the community before the problem exists, rather than
waiting for problems to be created. Buffer requirements are a legitimate and reasonable
means of ensuring against the negative secondary effects of tattoo facilities and to
balance the various land uses in order to protect the health, safety and welfare of
Newport Beach residents, preserve the quality of life, and preserve the character of
surrounding neighborhoods. The buffer requirements of the City do not unreasonably
restrict the establishment or operation of constitutionally protected businesses in
Newport Beach. The City recognizes that these buffer requirements do not preclude
reasonable alternative avenues of communication and that there are approximately 150
to 200 potentially available sites for tattoo establishments in addition to the City's five
(5) existing tattoo establishments.
6. Zoning Code Amendment No. CA2020-002 is appropriate to protect the health and well-
being of adolescents within the community. A study titled "Tattooing and High -Risk
Behavior in Adolescents" established an association between adolescents who obtain
tattoos and their involvement in high-risk behaviors that are detrimental to their health
and welfare including gang affiliation, substance abuse, and violence. Adopting time,
place and manner restrictions that protect minors is appropriate (Sable Commission of
California, Inc. v. FCC, [1989] 492 U.S. 115).
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7. Zoning Code Amendment No. CA2020-002 is appropriate to protect customer health.
Tattooing carries the risk of infection and transmission of disease if unsanitary conditions
are present or unsterile equipment is used. The Centers for Disease Control and
Prevention (CDC) and the United States Food and Drug Administration confirm the
significant health risks of tattooing (CDC, Body Art: Tattoos and Piercings [Jan. 21, 2008]
[noting risks of infection, tuberculosis, Hepatitis B and C, and HIV]). Zoning Code
Amendment No. CA2020-002 which requires all licenses and permits including
compliance with the State's Safe Body Art Act and registration/licensing with the Orange
County Health Department is appropriate.
8. Zoning Code Amendment No. CA2020-002 sets appropriate time, place and manner
restrictions on tattoo establishments. The City has considered the following decisions:
Anderson v. Hermosa Beach, (9th Cir. 2010) 621 F.3d 1051; Real v. City of Long Beach,
(9t" Cir. 2017) 852 F.3d 929; Garcia v. City of Torrance Case No. 2:15-cv-03810-SVW-
RAO; Ward v. Rock Against Racism, (1989) 491 U.S. 78; and City of Renton v Playtime
Theaters, (1986) 475 U.S. 41.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby finds Zoning Code
Amendment No. CA2020-002 is exempt from the CEQA pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. While the code
amendment would allow tattoo establishments as a permitted use within the City, it does
not authorize new development that would directly result in physical changes to the
environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2020-002 as set forth in Exhibit 'A," which is attached hereto
and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JULY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
Lee Lowrey, Chairman
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Curtis Ellmore, Secretary
Attachment: Exhibit A— Zoning Code Amendment No. CA2020-002
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EXHIBIT "A"
Zoning Code Amendment No. CA2020-002
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements) of Section
20.20.020(C) (Commercial Zoning Districts Land Uses and Permit Requirements) of the
NBMC are amended to read as follows:
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the Commercial
Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,
OG. OM. OR. CC. CG. CM. CN. CV. CV -LV)).
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Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
ALLOWED USES AND PERMIT
TABLE 2-4
REQUIREMENTS
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section )
— Not allowed
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
CC
CG
CM
CN
CV
See Part 7 of this title for land use definitions.
OA
OG
OM
OR
Specific Use
Regulations
See Chapter 20.12 for unlisted uses.
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
P
Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the Commercial
Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,
OG. OM. OR. CC. CG. CM. CN. CV. CV -LV)).
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Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section 20.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for land use
CC
CG
CM
CN
CV
CV -LV
Specific Use
definitions.
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—
—
Section
20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the Commercial
Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,
OG. OM. OR. CC. CG. CM. CN. CV. CV -LV)).
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2. Site and Floor Plans. The site and floor plans shall incorporate design features
to ensure the activities and operation, including seating and waiting areas, are
conducted entirely within the building or structure.
3. Parking. Parking shall comply with Chapter 20.40 (Off -Street Parking). The
Personal Services parking requirement from Table 3-10 (20.40.040 Off Street
Parking Spaces Required) shall apply to all tattoo establishments.
4. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, a
sian shall be visible at all entrances statina. "No tattoo service will be provided
to any person under the age of 18."
5. Location Restrictions. Tattoo establishments shall maintain the following
separation requirements:
i. One thousand (1,000) feet from another tattoo establishment;
ii. Five hundred (500) feet from any primary or secondary school or park or
playground as measured from lot line to lot line; or
iii. Five hundred (500) feet from the boundary of any residential structure or
residential use. includina residential uses in mixed-use zonina districts.
B. Operating Standards.
1. Hours of Operation. ODeratina hours must not extend outside the hours of 10:00
a.m. to 10:00 p.m. scheduled by appointment only. No walk-ins shall be
accepted.
2. Maintenance. The owner or oaerator shall:
i. Maintain the exterior of the premises free of litter and graffiti at all times;
and
ii. Provide for dailv removal of trash. litter. debris and araffiti from the
premises and abutting sidewalks within twenty (20) feet of the premises.
3. Noise. The owner or operator shall be responsible for the control of noise
generated by the tattoo establishment. All noise generated by the use shall
comply with the provisions of Chapter 10.26 (Community Noise Control) and
other applicable noise control requirements of the Newport Beach Municipal
Code.
4. Security. The owner or operator shall maintain security cameras covering all
entrances and exits to/from the establishment, the public right-of-way fronting
the establishment and the parking facility serving the establishment. The
recording shall be retained for no less than thirty (30) days and shall be made
available to the Police Department upon request.
5. Consumption. The service or use of alcohol or marijuana shall be prohibited.
Clients, guests, visitors, or staff shall not smoke within twenty (20) feet of the
premises.
6. Screening. All tattoo services shall be screened so as not to be visible to the
exterior of the business.
C. Other Licenses and Permits. The owner or operator shall comply with all applicable State,
County and City Health and Human Services regulations including, but not limited to the
State Safe Body Art Act regarding the establishment and operation of businesses
engaged in tattooing, body piercing and permanent cosmetic application. Each artist shall
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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.
Section 3: Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the
NBMC is amended to revise the definition of "Personal Services (Land Use)" and add the
definition of "Tattoo Establishment" to read as follows:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
2. 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 servo es and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
"Tattoo Establishment" (Land Use) means an establishment where the insertion of pigment, ink
or dye is applied under the surface of the skin by a person pricking with a needle or otherwise,
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to permanently change the color or appearance of the skin or to produce an indelible mark or
figure visible through the skin in exchange for financial or other valuable consideration. It does
not include the application of permanent make-uo that is performed as an incidental service in
a beauty shop, day spa, or dermatology office.
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Attachment No. PC 2
Planning Commission Resolution No. PC2021-019
(Local Coastal Program)
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RESOLUTION NO. PC2021-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL
AUTHORIZE SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2020-002 TO THE CALIFORNIA COASTAL
COMMISSION TO UPDATE DEVELOPMENT STANDARDS
RELATED TO TATTOO ESTABLISHMENTS (PA2020-030)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code ("NBMC") authorize Restricted Personal Service
uses which includes day spas, healing arts, tanning salons, tattoo and body piercing
establishments in office, commercial (with the exception of the Commercial Recreational
and Marine [CM] zone), and mixed-use zones subject to approval of a minor use permit.
2. Two (2) Ninth Circuit federal court decisions determined that tattooing constitutes
speech such that it is protected under the First Amendment of the U.S. Constitution
("First Amendment"). Specifically, in Anderson v. City of Hermosa Beach, (9th Cir. 2010)
621 F.3d 1051 the court struck Hermosa Beach's ban on tattoo parlors justified on the
basis of a risk of infection. In Real v. City of Long Beach, (9th Cir. 2017) 852 F.3d 929
the court held that Long Beach's conditional use permit requirement for tattoo
establishments vested unbridled discretion in a government official over whether to
permit or deny expressive activity constituted a prior restraint on speech in violation of
the First Amendment.
3. These decisions limit a local jurisdiction's ability to require discretionary permits approval
for this protected class of free speech, however, cities may apply time, place and manner
restrictions through the application of objective standards such as hours of operation,
separation requirements and appropriate zoning districts for new applications.
4. On April 14, 2020, the City Council adopted Resolution No. 2020-35 to initiate a code
amendment related to tattoo services.
5. A telephonic public hearing was held by the Planning Commission on May 6, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing
restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. ("Ralph M. Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
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6. After receiving a presentation from staff and discussing the item, the Planning Commission
voted (7-0) to continue the item to allow staff additional time to research and respond to
the Commission's questions.
7. A public hearing was held by the Planning Commission on July 22, 2021, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 21.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is exempt from environmental review under the California Environmental Quality
Act ("CEQA") pursuant to Section 15061(b)(3) of the California Code of Regulations, Title 14,
Chapter 3 ("CEQA Guidelines"), the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. While this amendment would
allow tattoo establishments as a permitted use within the City, it does not authorize new
development that would directly result in physical changes to the environment. There is no
evidence that amending the regulations for tattoo establishments would result in any new effects
on the environment. Additionally, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the adoption of a
Local Coastal Program (LCP).
SECTION 3. FINDINGS.
The City, through Titles 20 (Planning and Zoning) and 21 (Local Coastal Program
Implementation Plan), promotes the orderly development of the City; promotes the
public health, safety, peace, comfort, and general welfare; protects the character, social
and economic vitality of neighborhoods; and ensures the beneficial development of the
City. Tattoo establishments are not a coastal dependent or visitor serving use.
Implementation of this code revision will allow tattoo establishments in the CG (General
Commercial) and OG (Office General) Coastal Zoning Districts while preserving
opportunities for visitor serving or coastal dependent uses in the CM (Commercial
Recreational and Marine) and CV (Commercial Visitor -Serving) Coastal Zoning Districts.
2. Local Coastal Program Amendment No. LC2020-002 authorizes tattoo establishments in
coastal commercial zones where they are compatible with other commercial uses.
3. A buffer between tattoo establishments and sensitive land uses such as residential
zones, schools, and parks is appropriate and will continue to allow a wide range of
potential alternative sites. These buffer provisions will serve to: (1) protect the quality of
life and neighborhoods in the City, (2) protect the City's retail and commercial trade, (3)
minimize the potential for nuisances related to the operation of tattoo establishments,
(4) protect the well-being, tranquility and privacy of the home with the residential buffer,
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and (5) protect the peace, welfare, and privacy of persons who own, operate and/or
patronize tattoo establishments.
4. Establishing distance requirements between other tattoo establishments ensures the
City maintains an adequate number of establishments to serve residents and visitors
while avoiding overconcentration and maintaining a diversity of uses to serve the
community. For example, Newport Beach is comprised of several villages with distinct
and unique commercial cores that serve families and visitors. It is important that the
character of these commercial core areas remain family- and tourist -oriented. Currently,
four (4) of the five (5) tattoo establishments in the City are located within the coastal
zone. Therefore, 80 percent of the City's existing tattoo establishment are located within
63 percent of the City's land area that comprises the City's coastal zone. The existing
establishments adequately serve coastal zones and ensure community compatibility.
5. Maintaining adequate separation between establishments as well as locating said
establishments in commercial zones is appropriate in that tattoo establishments may
cause negative secondary effects in the community including the potential to attract
criminal activity. Specifically, data from the Newport Beach Police Department's Calls
for Service ("CFS") which compares the number of CFS during the preceding five (5)
years shows a disparity in the number of calls for tattoo establishments when compared
with other Restricted Personal Services. The City's data shows that since January 2015,
Newport Beach Police Department has received 49 CFS for four (4) tattoo
establishments, in comparison to 12 CFS (when excluding calls for alarms) for three (3)
non -tattoo establishments operating during the same period of time. In addition, there
were no CFS at non -tattoo establishments for incidents recorded as: disturbance,
theft/fraud, drunk in public or battery/fighting, in comparison to 22 such incidents
recorded at tattoo establishments. The CFS data for the City of Oceanside (another
coastal city with publicly available CFS data) shows a similar pattern, with substantially
higher CFS for tattoo establishments and recorded incidents of disturbances and violent
crimes in comparison to non -tattoo establishments.
6. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to prevent deterioration and/or degradation of the vitality
of the community before the problem exists, rather than waiting for problems to be
created. Buffer requirements are a legitimate and reasonable means of ensuring against
the negative secondary effects of tattoo facilities and to balance the various land uses
in order to protect the health, safety and welfare of Newport Beach residents, preserve
the quality of life, and preserve the character of surrounding neighborhoods. The buffer
requirements of the City do not unreasonably restrict the establishment or operation of
constitutionally protected businesses in Newport Beach.
7. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to protect the health and well-being of adolescents within
the community. A study titled "Tattooing and High -Risk Behavior in Adolescents"
established an association between adolescents who obtain tattoos and their
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involvement in high-risk behaviors that are detrimental to their health and welfare
including gang affiliation, substance abuse, and violence. Adopting time, place and
manner restrictions that protect minors is appropriate (Sable Commission of California,
Inc. v. FCC, [1989] 492 U.S. 115).
8. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to protect customer health. Tattooing carries the risk of
infection and transmission of disease if unsanitary conditions are present or unsterile
equipment is used. The Centers for Disease Control and Prevention (CDC) and the
United States Food and Drug Administration confirm the significant health risks of
tattooing (CDC, Body Art: Tattoos and Piercings [Jan. 21, 2008] [noting risks of infection,
tuberculosis, Hepatitis B and C, and HIV]). Local Coastal Program Amendment No.
LC2020-002 which requires all licenses and permits including compliance with the
State's Safe Body Art Act and registration/licensing with the Orange County Health
Department is appropriate.
9. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 set appropriate time, place and manner restrictions on tattoo
establishments. The City has considered the following decisions: Anderson v. Hermosa
Beach, (9th Cir. 2010) 621 F.3d 1051; Real v. City of Long Beach, (9t" Cir. 2017) 852
F.3d 929; Garcia v. City of Torrance Case No. 2:15-cv-03810-SVW-RAO; Ward v. Rock
Against Racism, (1989) 491 U.S. 78; and City of Renton v Playtime Theaters, (1986)
475 U.S. 41.
10. Local Coastal Program Amendment No. LC2020-002 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution and/or ordinance of the
City Council of the City of Newport Beach.
11. The LCP, including Local Coastal Program Amendment No. LC2020-002, will be carried
out fully in conformity with the California Coastal Act.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds Local Coastal
Program Amendment No. LC2020-002 is exempt from the CEQA pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment. While the
LCP amendment would allow tattoo establishments as a permitted use within the City,
it does not authorize new development that would directly result in physical changes to
the environment.
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2. The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No. LC2020-002, as set forth in Exhibit "A," which is
attached hereto and incorporated herein by reference, to the California Coastal
Commission.
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JULY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Lee Lowrey, Chairman
Curtis Ellmore, Secretary
Attachment: Exhibit A - Local Coastal Program Amendment No. LC2020-002
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EXHIBIT "A"
Local Coastal Program Amendment No. LC2020-002
Section 1: Table 21.20-1 in Newport Beach Municipal Code (NBMC) Section
21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is amended, in part to the
"Tattoo Establishments" row as follows:
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases)
to read as follows, with all other provisions of Chapter 21.70 remaining unchanged:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
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Commercial Coastal Zoning Districts
TABLE 21.20-1
A
Allowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for
CM
Cv
Specific Use
land use definitions.
CC
CG
(3)
CN
(3)
LV
OG
Regulations
(3)
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—
A
—
—
—
—
A
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases)
to read as follows, with all other provisions of Chapter 21.70 remaining unchanged:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
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2. 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 seNiGes and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
Tattoo Establishment (land use) means a business where the insertion of pigment, ink or dye
is applied under the surface of the skin by a person pricking with a needle or otherwise, to
permanently change the color or appearance of the skin or to produce an indelible mark or
figure visible through the skin in exchange for financial or other valuable consideration. It does
not include the application of permanent make-up that is performed as an incidental service in
a beauty shop, day spa, or dermatology office.
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Attachment No. PC 3
May 6, 2021 Planning Commission Staff Report
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.a4"'�Wp°R 0 CITY OF NEWPORT BEACH
•� PLANNING COMMISSION STAFF REPORT
May 6, 2021
C'+L'FOP. Agenda Item No. 5
SUBJECT: Tattoo Establishment Ordinance Update (PA2020-030)
■ Zoning Code Amendment No. CA2020-002
■ Local Coastal Program Amendment No. LC2020-002
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Matt Schneider, Principal Planner
949-644-3219, mschneider(a�newportbeachca.gov
PROJECT SUMMARY
The proposed code amendments to Titles 20 (Planning and Zoning) and 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") would
update development standards related to tattoo establishments. Specifically, Zoning Code
Amendment No. CA2020-002 and Local Coastal Program Amendment No. LC2020-002
would define this previously undefined land use category and establish objective
standards to regulate its use.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project categorically exempt from the California Environmental Quality
Act ("CEQA") pursuant to pursuant to Section 15061(b)(3), the general rule that
CEQA applies only to projects, which have the potential for causing a significant
effect on the environment and pursuant to Section 15265(a)(1), which exempts
local governments from the requirements of CEQA in connection with the adoption
of a Local Coastal Program;
3) Adopt Resolution No. PC2021-012(Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2020-002 updating
development standards related to tattoo establishments; and
4) Adopt Resolution No. PC2021-013(Attachment No. PC 2) recommending the City
Council authorize staff to submit Local Coastal Program Amendment No. LC2020-
002 to the California Coastal Commission.
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DISCUSSION
Background
Over the past decade, cities have seen a rapid increase in the number of tattoo
establishments given the rise in popularity of tattooing. In 2011, then Governor Jerry
Brown signed into law the Safe Board Art Act which set uniform standards for the body
art industry which includes tattooing. These regulations are codified in California Health
and Safety Code Section 119300 et seq. requires body art practitioners to complete a
registration process, obtain annual bloodborne pathogen training, provide documentation
of vaccination status, and obtain relevant health information and informed consent from
clients.
Many cities have adopted zoning ordinances related to the use ranging from an all-out
ban to requiring a conditional use permit with conditions to mitigate impacts associated
with the use. In Newport Beach's case, Titles 20 (Planning and Zoning) and 21 (Local
Coastal Program Implementation Plan) of the NBMC classify tattoo businesses as a
Restricted Personal Service, which is permitted in all office zones, commercial zones
(except the CM zone) and mixed-use zones subject to a minor use permit ("MUP"). An
MUP is a discretionary permit requiring a public hearing and is appealable to the Planning
Commission and ultimately to the City Council.
Over time, prospective operators have challenged cities' zoning codes applicable to tattoo
establishments on the basis that tattooing is protected speech under the First Amendment
of the United States Constitution ("First Amendment").
In Anderson v. City of Hermosa, (911 Cir. 2010) 621 F.3d 1051, a prospective operator
challenged Hermosa Beach's ban on tattoo parlors. The city justified the ban based upon
the risk of infection and the possibility of diseases. At the time, the county health official
responsible for inspecting tattoo establishments testified to being overwhelmed by the
number of inspections required. On appeal, the 9th Circuit overturned the district court's
decision and held that tattoos are purely expressive activity protected under the First
Amendment. The court took a rather expansive view as to what aspects of tattooing was
protected by the First Amendment to include "the tattoo itself, the process of tattooing and
the business of tattooing.
Seven years later, a challenge was brought against Long Beach's tattoo ordinance that
required a conditional use permit; separation requirements from adult entertainment,
arcade, fortunetelling, tattoo parlors and taverns; and hours of operation between 7 a.m.
and 10 p.m. Similar to conditional use permit findings in other jurisdictions, the Long
Beach Municipal Code included a finding that the proposed use will not be detrimental to
the surrounding community including public health, safety or general welfare,
environmental quality or quality of life. Real v. City of Long Beach, (9th Cir. 2017) 852 F.3d
929. While Long Beach argued that the petitioner lacked standing to sue (because he
had not applied for a conditional use permit) and that the ordinance did not restrict speech,
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but rather, placed reasonable time, place and manner restrictions on the use, the court
disagreed. With respect to the standing argument, the court held that when a licensing
ordinance vests unbridled discretion in a government official over whether to permit or
deny expressive activity, a prospective operator has standing to challenge the ordinance
in spite of never having applied for a conditional use permit. With respect to Long Beach's
argument that the ordinance did not unduly restrict expressive activity, but rather,
consisted of time, place and manner restrictions, the court reasoned that the ordinance
was not narrowly tailored to serve a significant governmental interest and allow ample
alternative channels for expression.
These two decisions serve as a guide to Newport Beach in updating its zoning provisions
related to tattoo establishments.
Summary of Current Regulations
Sections 20.70.020 and 21.70.020 of the NBMC define tattoo services as a Restricted
Personal Service use which are permitted in all office zones, commercial zones (except
the CM zone) and mixed-use zones subject to MUP. This use classification is intended
for personal service establishments that may need to be dispersed from other similar uses
to minimize adverse impacts. Other personal service uses classified under this category
include day spas, healing arts and tanning salons. In order to approve the MUP, the
Zoning Administrator must find:
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 this 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; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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.
The above criteria required for approving a tattoo establishment are subjective in nature
and raise concerns that a court would find these standards vest unbridled discretion in
granting a permit to operate and whether they are narrowly tailored to serve a significant
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governmental interest and allow ample alternative channels for expression in accordance
with the Long Beach decision.
Proposed Amendment
The proposed code amendment would allow ministerial approval of tattoo establishments
in commercial zones of the City subject, however, to separate requirements and other
development and operational standards delineated below. The proposed code
amendment would serve the objectives of creating reasonable time, place and manner
restrictions as required by the First Amendment while also ensuring tattoo establishments
are compatible with the surrounding area, do not result in an overconcentration and
maintain the quality and character of the community. The limitations on tattoo
establishments set forth in the proposed code amendment are supported by the additional
data on secondary effects of such establishments in Attachment No. PC3.
Definition and Table Revision
The proposed code amendment defines tattoo establishments as its own use type
(Attachment No. PC 1, Exhibit A) separate and distinct from other Restricted Personal
Service Use types and modifies relevant tables demonstrating the zoning districts where
tattoo establishments are permitted.
Development Standards
The proposed code amendment incorporates development standards for the operation of
a tattoo establishment including zones where the use is allowed, site and floor plan
requirements to ensure the operation is fully contained within the building and does not
spillover to the outdoors, parking requirements, signage requirements as well as
separation requirements. With respect to the zones where the use would be allowed,
tattoo establishments would be authorized in the CG (Commercial General), OG (Office
General), and OR (Office Regional) zones.
With respect to the separation requirements, a tattoo establishment could not operate
within 1,000 feet of another tattoo establishment, 500 feet of sensitive uses such as
schools or playgrounds, and 500 feet from residential. The proposed zoning districts
along with the separate requirement ensures ample locations for tattoo establishments to
locate while preventing overconcentration, ensuring compatibility with surrounding uses
and mitigating secondary effects. Staff analyzed the proposed locational requirements
and found that in addition to the five existing tattoo establishments currently operating in
the City, there are approximately 150-200 potentially available sites for the establishment
of new tattoo business when factoring in the locational requirements under the proposed
code amendment and number of existing suites/offices provided at these locations. It is
important to note that the proposed 1,000 -foot separation requirement between tattoo
establishments will diminish the availability sites as new tattoo business are opened.
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Operating Standards
The proposed ordinance would establish hours of operation, ensure the operation and
the area within its vicinity is properly maintained, in compliance with Chapter 10.26
(Community Noise Control) noise requirements, require security cameras and
screening, as well as limiting the consumption of alcohol or marijuana on the premises.
Finally, tattoo establishments and artists operating within the establishment are required
to comply with all other applicable license and permitting requirements.
Existing Tattoo Establishments
There are five existing tattoo establishments within the City that are legally permitted to
operate under the City's current zoning regulations. These five establishments would
become legal non -confirming uses as a result of adopting the proposed code amendment
based upon the zoning district in which they are located or the locational/separation
requirements of the proposed ordinance. As non -conforming uses, these establishments
would be able to continue operating but would be required to obtain a conditional use
permit in order to expand or intensify their use in accordance with Section 20.38.050
(Nonconforming Uses) of the NBMC. Non -conforming rights to operate would cease in
the event the tattoo establishment use is discontinued for one hundred eighty (180)
consecutive days.
General Plan Consistency
The proposed code amendment does not introduce any new Zoning Districts or General
Plan Land Use Plan Categories in which tattoo establishments would be permitted. The
General Commercial and Regional Commercial Office are the two General Plan Land
Use Categories under which tattoo establishments would continue to be allowed. These
two designations allow for a range of uses and are consistent with the proposed Zoning
Code amendment.
Local Coastal Plan
Similar to Title 20 (Planning and Zoning), Title 21 (Local Coastal Program Implementation
Plan) currently regulates tattoo establishments. Therefore, subsequent to City Council
adoption of this Zoning Code Amendment, staff will submit corresponding amendments
(Attachment No. PC2) to the LCP for review and approval of the California Coastal
Commission.
Altarnativac
The Planning Commission may recommend revisions to the proposed code amendment,
such as changing location, separation requirements, and hours or operation with the
proviso that any revisions would be reasonable time, place and manner restrictions that
provide sufficient opportunities for tattoo establishments to operate.
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Environmental Review
The proposed action is exempt pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA applies only to projects, which have the potential for causing a
significant effect on the environment. While this amendment would allow tattoo
establishments as a permitted use within the City, it does not authorize new development
that would directly result in physical changes to the environment. There is no evidence that
amending the regulations for tattoo establishments would result in any new effects on the
environment. Additionally, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the adoption
of a Local Coastal Program.
Public Notice
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement, consistent with the provisions of the Municipal Code. The item also
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website. Additionally, notice was sent to the property owners of the four existing tattoo
establishment currently operating in the City.
Prepared by:
n if
Matt hneider
Priv pal Planner
ATTACHMENTS
Submitted by:
Jim Campbell
Deputy Community Development Director
PC 1 Resolution No. PC2021-012 recommending City Council approve Zoning Code
Amendment No. CA2020-002
PC 2 Resolution No. PC2021-013 recommending approval of submission of Local
Coastal Program Amendment No. LC2020-002
C Background Research - Secondary Effects of Tattoo Establishments
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Attachment C
Background Research
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The Newport Beach Police Department provided Calls for Service (CFS) data for the City's existing
Restricted Personal Service uses dating back to January 1, 2015. A summary of the data is provided below
to provide a comparison of tattoo establishments versus non -tattoo establishments. It should be noted
that one tattoo establishment and two non -tattoo establishments were excluded from the summary table
as they were located in large centers and the data collected did not specify which suite/tenant in the
center the CFS was attributed to. The City's data shows that since January 2015, Newport Beach Police
Department has received 49 CFS for four tattoo establishments; in comparison to 12 CFS (when excluding
calls for alarms) for three non -tattoo establishments operating during the same period of time. In
addition, there were no CFS at non -tattoo establishments for incidents recorded as: disturbance,
theft/fraud, drunk in public or battery/fighting in comparison to 22 such incidents recorded at tattoo
establishments. The CFS data for the City of Oceanside, (another coastal city with publicly available CFS
data) shows a similar pattern, with substantially higher CFS for tattoo establishments and recorded
incidents of disturbances and violent crimes in comparison to non -tattoo establishments.
Table -1 City of Newport Beach Calls for Service Summary Table
Location
Use Type
Calls for
Service
Alarm
Disturbance
Theft/
Fraud
Drunk
in Public
Battery/
Fight
3413 Newport Blvd
Tattoo
7
0
1
1
0
0
2611 Newport Blvd
Tattoo
34
0
10
0
3
1
365 Old Newport Blvd
Tattoo
8
0
1
1
0
0
6000 West Coast Hwy
Tattoo
23
0
2
1
0
1
20280 Acacia Street
Non -Tattoo
14
8
0
0
0
0
4101 Birch Street
Non -Tattoo
6
0
0
0
0
0
1220 Bison Street
Non -Tattoo
0
0
0
0
0
0
Data provided by Wendy Joe, Investigator— Newport Beach Police Department
In addition to the CFS data analyzed several studies and article were reviewed (see references below)
regarding the secondary effects of tattoo establishments. Among the impacts disclosed, it was reported
that tattooing carries the risk of infection and transmission of disease including tuberculosis, Hepatitis B
and C and HIV if unsanitary conditions are present or unsterile equipment is used. Additionally, a link
between the tattooing of high school aged people and a propensity to engage in high-risk behaviors
including gang affiliation, substance abuse and violence has been found.
Based upon a review of the available data and studies sited below there is a reasonable basis to conclude
that tattoo establishments may result in negative impacts on sensitive uses such as residential areas and
schools and parks which attract and serve minors.
References Documentine the Secondary Effects of Tattoo Establishments
CDC Study: Body Art: Tattoos and Piercings (Jan. 21, 2008)
https://www.cdc.gov/niosh/topics/body art/more-info.html
Koch, J. R., Roberts, A. E., Armstrong, M. L., & Owen, D. C. (2010). Body art, Deviance, and American
College students. Social Science Journal, https://psycnet.apa.org/record/2010-02170-009
Memorandum from Christi Helm, City of Oceanside Crime and Intelligence Analyst regarding Calls for
Service Data (Tattoo Establishments v. Non -Tattoo Establishments) (July 27, 2016) Pages 16-17,
https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?blobid=42802
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Shelley, J. M. (2012). Who gets tattoos? Demographic and behavioral correlates of ever being tattooed
in a representative sample of men and women. Annals of Epidemiology,
https://pubmed.ncbi.nlm.nih.gov/22153289/
Study of Timothy A. Roberts, MD and Sheryl Ryan, MD entitled "Tattooing and High -Risk Behavior in
Adolescents (2002), https://pediatrics.aappublications.org/content/110/6/1058
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May 6, 2021, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (iimmosher(a-)-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE
(PA2020-030)
One hopes the proposed code language has been reviewed by someone in the City Attorney's
Office, but the staff report does not say so and the attachments are not signed by anyone
saying they have reviewed them.
As to Exhibit "A" of Attachment A (starting on handwritten page 17):
Section 1: The "allowed use" tables being amended are divided into business categories.
Exhibit "A" appears to be leaving it to the codifier's imagination as to where the "Tattoo
Establishments" line should be placed. I would guess under "Service Uses—General" – but
shouldn't that be specified?
Section 2:
• Under A.1, reciting the title of Chapter 20.20 makes it confusingly appear that Tattoo
Establishments are allowed in all the Commercial Zoning Districts identified in that
chapter. Should it perhaps say they are "authorized within the Commercial Zoning
Districts where they are identified as a permitted use in Chapter 20.20" (without
quoting the chapter title)?
• In A.5, in one of the three categories the method of measuring the separation distance is
objectively specified ("measured from lot line to /of'– probably meant to read "measured
from lot line to lot line"). In the other two, it is not. Shouldn't it be?
• 113.1, as proposed, seems to be a command that tattoo establishments operate from
10:00 a.m. to 10:00 p.m., even if the applicant asks for lesser hours. Shouldn't the
objective standard be "Operating hours shall he hofen must not extend outside the
hours of 10:00 a.m. and to 10:00 p.m."?
B.4 was probably intended to read "The owner or operator shall maintain security
cameras of coverin_p all entrances and exits to/from the establishment, the public right-
of-way fronting the establishment and the parking facility serving the establishment."
As to Exhibit "A" of Attachment B (starting on handwritten page 29):
Section 1: Why is the opening sentence written differently from the corresponding Section 1 in
Attachment A (which seemed more accurate)? In addition, it seems exceedingly strange to
place "Tattoo Establishment" in the "Industry, Manufacturing and Processing, and Warehousing
Uses" category. It does not seem to be any of those. Shouldn't it be under "Service Uses—
General"?
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Memorandum
To: Planning Commission
From: Matt Schneider, Principal Planner
Date: May 6, 2021
Re: Item No. 5 Tattoo Establishment Zoning Update (PA2020-030)
Attached please find updated excerpts of Exhibit "A" of Resolution No. PC2021-
012(Zoning) and Resolution No. PC2021-013(LCP). The edits that have been
incorporated into the exhibit are highlighted.
Attachment:
Excerpts of Exhibit "A" of Resolution No. PC2021-012(Zoning) and Resolution No.
PC2021-013(LCP)
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EXHIBIT "A"
Zoning Code Amendment No. CA2020-002
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements)
of Section 20.20.020(C) (Commercial Zoning Districts Land Uses and Permit
Requirements) of the NBMC are amended to read as follows:
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zonina Districts. Tattoo establishments are authorized within the
Commercial Zoning Districts identified in Chapter 20.20 (Commercial
Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV -LV)).
2. Site and Floor Plans. The site and floor plans shall incorporate
design features to ensure the activities and operation, including
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Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
ALLOWED USES AND PERMIT
TABLE 2-4
REQUIREMENTS
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section ?0.52.020)
— Not allowed
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
Cc
CG
CM
CN
CV
See Part 7 of this title for land use definitions.
OA
OG
OM
OR
Specific Use
Regulations
See Chapter for unlisted uses.
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
P
Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zonina Districts. Tattoo establishments are authorized within the
Commercial Zoning Districts identified in Chapter 20.20 (Commercial
Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV -LV)).
2. Site and Floor Plans. The site and floor plans shall incorporate
design features to ensure the activities and operation, including
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Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section 20.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for land use
Cc
CG
CM
CN
CV
CV -LV
Specific Use
definitions.
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—_
Section
20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zonina Districts. Tattoo establishments are authorized within the
Commercial Zoning Districts identified in Chapter 20.20 (Commercial
Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV -LV)).
2. Site and Floor Plans. The site and floor plans shall incorporate
design features to ensure the activities and operation, including
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seatina and waitina areas. are conducted entirelv within the buildina
or structure.
3. Parking. Parking shall comply with Chapter 20.40 (Off -Street
Parking). The Personal Services, General parking requirement from
Table 3-10 (20.40.40 Off Street Parking Spaces Required,) shall
apply to all tattoo establishments.
4. Signs. Signs shall comply with Chapter 20.42 (Sign Standards
addition, a sign shall be visible at all entrances stating, "No tattoo
service will be provided for any person under the age of 18."
5. Location Restrictions. Tattoo establishments shall maintain the
following separation requirements:
i. One thousand (1,000) feet from another tattoo establishment;
ii. Five hundred (500) feet from any primary or secondary school
or park or playground as measured from lot line to lot line; or
iii. Five hundred (500) feet from the boundary of any residential
structure or residential use, including residential uses in
mixed-use zonina districts.
B. Operating Standards.
1. Hours of Ooeration. Ooeratina hours must not extend outside the
hours of 10:00 a.m. to 10:00 p.m.
2. Maintenance. The owner or operator shall:
i. Maintain the exterior of the premises free of litter and araffiti
at all times; and
ii. Provide for daily removal of trash, litter, debris and graffiti from
the premises and abutting sidewalks within twenty (20) feet of
the premises.
3. Noise. The owner or operator shall be responsible for the control of
noise generated by the tattoo establishment. All noise generated by
the use shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control
requirements of the Newport Beach Municipal Code.
4. Security. The owner or operator shall maintain security cameras
covering all entrances and exits to/from the establishment, the
public right-of-way fronting the establishment and the parking
facility serving the establishment. The recording shall be retained
for no less than thirty (30) days and shall be made available to the
Police Department upon request.
5. Consumption. The service or use of alcohol or marijuana shall be
prohibited.
6. Screening. All tattoo services shall be screened so as not to be
visible to the exterior of the business.
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EXHIBIT "A"
Local Coastal Program Amendment No. LC2020-002
Section 1: Table 21.20-1 in Newport Beach Municipal Code (NBMC)
Section 21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is
amended, in part to the "Tattoo Establishments" row as follows:
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Commercial Coastal Zoning Districts
TABLE 21.20-1
A
Allowed
ALLOWED USES
—
Not Allowed*
Land Use
See Part 7 of this Implementation Plan for
CC
CG
CM
CN
Cv
v
OG
Specific Use
land use definitions.
(3)
(3)
(3)
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishment
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To the Newport Beach Planning Commision,
My name John Gargan as an advocate and professional artist I am speaking for our local tattoo
community. I was born and raised in Newport Beach and have a large appreciation for this city.
Today I would like to address a few topics in regards to the current Tattoo Establishment
Ordinance Update.
As a local artist I have always had a goal to open a shop of my own within the allowed areas of
the city. After following the city's proposed updates I believe that the planning commission is
fully segregating tattooing and pushing it away from the most viable locations. As I understand
all businesses must be regulated within their rights I have found some of the material to be
offensive. Tattooing is an ancient art form that has become a largely growing professional
industry. With so much dedication to this craft I must express the fact that we deserve equal
rights to any other business.
The Federal court has found Tattooing to be a purely expressive activity entitled to full First
Amendment protection. I have also followed similar cases of discrimination from surrounding
cities. The standards that are being used to define the secondary effects of tattoo shops are not
are not imposed on other businesses. The supporting facts also seem to be outdated. Tattooing
does not pose any threat to the community, an example of this can be seen through the low
volume of safety calls to tattoo establishments. I also find it completely offensive that the city of
Newport Beach has openly stated a link between tattooing and high risk behaviors such as gang
affiliation, substance abuse and violence. The profession of tattooing has no direct link to any of
these activities. As a professional tattoo artist, father and active member of our community I do
not believe these descriptions to be true. The city of Newport Beach should greatly consider
how these actions can contradict the protection of our civil rights. As the tattoo industry will
continue to grow, the cooperation of the cities remains important. We truly hope you will
consider these facts before putting the updates into place.
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O e
u s
cgtiFowN�P
Zoning and Local Coastal Program
Amendment (PA2020-030)
Tattoo Establishments
• Over the past decade there have been
several legal decisions related to the
zoning of tattoo establishments
• Anderson v. City of Hermosa Beach
• Real v. City of Long Beach
•Tattooing is considered protected speech
under the First Amendment of the United
States Constitution
•Reasonable
restrictions
time, place and manner
Community Development Department - Planning Division
25-752
•Current regulations define tattoo services
as a Restricted Personnel Services Use
• Allowed in all office zones, commercial
zones(expect CM zone) and mixed-use
zones subject to a Minor Use Permit
• April 14, 2020 - Zoning amendment
initiated by City Council
• Ministerial process
• Objective standards
Community Development Department - Planning Division
25-763
Community Development Department - Planning Division 25-774
• One thousand (1,000) feet from another tattoo
establishment;
• Five hundred (500) feet from any primary or
secondary school or park or playground as
measured from lot line to lot line; or
• Five hundred (500) feet from the boundary of any
residential structure or residential use, including
residential uses in mixed-use zoning districts.
• Hours 10 a.m. - 10 p.m.
• Security camera system required
• Screen from public view, no outdoor seating/waiting
areas
• Alcohol and marijuana use prohibited
• Noise, signs and parking
• All applicable State, County and City Health
regulations
Community Development Department - Planning Division
25-785
Tattoo Businesses
r
r
- General Commerical
General Office
- Regional Office s
oa,
Uooument Name: TadooBusiness Cit Wde Residential 500 only PowerPoint
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25-80
25-81
Tattoo Businesses
- General Commerical
General Office "
- Regional Office
500 ft buffer from Residential Structures
: 500 ft Buffer from Schools and Parks
Parks
t Schools
aal1'
25-82
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-64
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•Notice was provided to the property
owner and business operators of the
City's five existing Tattoo
Establishments
• Existing tattoo establishments would
become legal non -conforming uses as
a result of adopting the proposed
code amendment
• May continue to operate
• Require discretionary approval to expand or
intensify their use
Community Development Department - Planning Division 25-85 12
•Find the project exempt from CEQA
(Section 15061(b)(3))
• Adopt Resolution No. PC2021-012,
recommending the City Council adopt
Zoning Code Amendment No.
CA2020-002
• Adopt Resolution No. PC2021-013,
recommending the City Council adopt
Local Coastal Program Amendment
No. LC2020-002 and authorize staff to
submit the amendment to the
California Coastal Commission
Community Development Department - Planning Division 25_86 13
For more
information
Contact
Matt Schneider
949-644-3219
mschneider@newportbeachca.gov
www.newportbeachca.gov
Dupstle
Attachment No. PC 4
May 6, 2021 Planning Commission Minutes
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3. Adopt Resolution No. PC2021-010 approving Use Permit No. UP2020-191.
sistant Planner Patrick Achis reported the existing suite is located within the Newport North Shopping Center.
Th me tenant was a retail use. Uses to the north and south of the site are multifamily residences. The Bluffs
Shop g Center is located east of the site, and industrial uses and a U.S. Post Office are located west of the
site. T\an
oject is consistent with the General Plan and zoning designations, which are commercial in nature.
The apt proposes a small-scale, full-service animal clinic offering wellness exams, preventative care,
vaccina, rgeries, and other services. Most services will be offered by appointment. Only animals in critical
conditioll re in onsite overnight. The applicant does not propose to board animals. To provide future
flexibilitff reco mends hours of operation of 8 a.m. to 6 p.m. daily. The suite measures approximately
3,400 se feet. T ant improvements consist of repartitioning walls and installing equipment. The rear of
the siteains a walk rea. Only clinic staff will walk animals but not on residential properties. Staff will
promptk up and dispos of animal waste. A 30 -foot drive aisle, landscaping, and an 8 -foot -tall wall separate
the anilinic from residen s. The shopping center provides 269 onsite parking spaces when 265 spaces
are req. Typically, an anim clinic requires one parking space per 400 square feet. The project will be a
more iive use, and a require ent of one space per 250 square feet is more appropriate. The higher
requireresults in no change to rking demand from the existing retail use. The project complies with
additioquirements for animal servic Staff recommends approval of the project.
Chair Weigand felt a closing time of 6 p.m.w'�s early and proposed a closing time of 8 p.m. to provide some
flexibility for the applicant.
Commissioners reported no ex parte communications'
Chair Weigand opened the public hearing.
Rajat Garhwal, business owner, concurred with the proposal for ding the closing time to 8 p.m. even though
he plans to limit hours of operation initially.
In response to Commissioner Koetting's inquiry, Mr. Garhwal advise\analtical condition will be
either transferred to an emergency clinic or monitored by staff.
Mr. Garhwal agreed to the proposed conditions of approval.
Chair Weigand closed the public hearing.
Motion made by Secretary Kleiman and seconded by Commio approve the staff
recommendation with the amendment to the hours of operation.
AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey, Weigand
NOES:
RECUSED:
ABSENT:
ITEM NO. 5 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020-030)
Site Location: Citywide
Summary:
Amendments to Sections 20.20.020, 20.70.020 and the addition of Section 20.48.230 of Title 20
(Planning and Zoning) and amendments to Sections 21.20.020 and 21.70.020 of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NEMC) to define
tattoo establishments (a previously undefined use) as a land use category and establish objective
standards to regulate its use
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have
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the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1),
which exempts local governments from the requirements of CEQA in connection with the adoption
of a Local Coastal Program;
3. Adopt Resolution No. PC2021-012 recommending the City Council approve Zoning Code
Amendment No. CA2020-002 updating development standards related to tattoo establishments;
and
4. Adopt Resolution No. PC2021-013 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2020-002 to the California Coastal Commission.
Principal Planner Matt Schneider reported staff analyzed legal decisions related to, the zoning of tattoo
establishments. Tattoos are considered protected speech under the First Amendment. A jurisdiction is allowed
to implement reasonable time, place, and manner restrictions for tattoo establishments. Current regulations
define tattoo services as a restricted personal services use. Tattoo establishments are allowed in all office zones,
commercial zones, with the exception of Commercial Marine (CM) zones, and mixed-use zones subject to
approval of a minor use permit. On April 14, 2020, the Council directed staff to initiate a zoning amendment to
create a ministerial process and establish objective standards. Other jurisdictions' regulations for tattoo
establishments, Police Department calls for service, and case law informed the proposed amendments. Staff
proposes to define a tattoo establishment as its own use type, permit a tattoo establishment in Commercial
General (CG), Office General (OG), and Office Regional (OR) zoning districts, allow tattoo establishments as a
ministerial use subject to standards for specific land uses, and require a 1,000 -foot buffer between other tattoo
establishments, a 500 -foot buffer between schools, parks, and playgrounds, and a 500 -foot buffer from
residential structures or uses including residential uses in mixed-use zoning districts. Staff proposes operating
hours of 10 a.m. to 10 p.m.; a requirement for a security camera system; screening tattoo artists while they work;
prohibition of outdoor seating/waiting areas and alcohol and marijuana use; noise, signs, and parking be subject
to NBMC standards; and a requirement for tattoo establishments to comply with all applicable State, County, and
City health regulations. Staff sent notice of the public hearing to the property owners and business operators for
the five existing tattoo establishments. If the proposed amendments are adopted, the five existing tattoo
establishments will become legal non -conforming uses. Staff recommends adoption of the two proposed
resolutions as amended by a memorandum distributed earlier in the day.
In reply to Commissioner Klaustermeier's inquiry, Principal Planner Schneider noted owners of the existing tattoo
establishments may sell their businesses, and the establishments may continue to operate under a new owner
because entitlements run with the land. If the businesses are vacant for 180 days, the owners lose their vested
right in the business.
In response to Commissioner Koetting's questions, Principal Planner Schneider indicated the expansion of a
non -conforming use requires a conditional use permit. The existing tattoo establishments would have to amend
their conditional use permits to expand the business. Based on ordinances implemented in other jurisdictions
after the legal decisions, the buffer distances seem to be best practices. The City has to provide viable sites for
tattoo establishments in order to preserve the First Amendment right. The buffer distances may be increased or
decreased. An increase or decrease will affect the areas of the City where tattoo establishments may locate.
Assistant City Attorney Yolanda Summerhill advised that a 1,000 -foot buffer is probably sufficient to address the
secondary impacts of tattoo establishments.
In answer to Secretary Kleiman's queries, Principal Planner Schneider indicated the Planning Commission has
the discretion to call for a review of businesses with conditional use permits. Staff relies on Code Enforcement
officers and the Police Department to refer businesses for review. Staff has not received any referrals.
Community Development Director Seimone Judis added that staff will investigate the calls for service for the
establishment located at 2611 Newport Boulevard and, if warranted, place an item on the Planning Commission's
agenda. Principal Planner Schneider reported CG, OG, and OR zones allow medical and dental uses by right.
The Office Medical zone is located primarily around Hoag Hospital, but the buffer from residential uses would
preclude tattoo establishments in that zone. A combination of zones could reduce the areas in which tattoo
establishments may locate, which raises a legal question of whether the City is providing sufficient viable sites.
Staff proposed the hours of operation based on hours of operation allowed for the existing tattoo establishments
and in other jurisdictions. Assistant City Attorney Summerhill indicated staff will review the hours that calls for
service were made.
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Secretary Kleiman did not believe the proposed buffer between tattoo establishments and schools is sufficient.
Restricting tattoo establishments to daytime hours will likely reduce their negative secondary effects.
Vice Chair Lowrey related his review of ordinances and concerns in other jurisdictions. Riverside prohibited
tattoo establishments within 500 feet of any business that sells alcohol. Treating future tattoo establishments as
medical offices may balance Constitutional issues with concerns. Taking a couple of weeks to consider the
methods that other jurisdictions utilized to address legal issues is a good idea.
Assistant City Attorney Summerhill noted the Private Institutional zone, where many medical uses are located,
has the same classification as private schools. Staff may have to create a new subcategory for tattoo
establishments. Staffs proposed buffers are more restrictive than those implemented in Oceanside.
Secretary Kleiman clarified that tattoo establishments do not have to be associated with medical or private
institution uses, but their hours of operation should be similar to those of a medical use.
Assistant City Attorney Summerhill interpreted Secretary Kleiman's comments as staff is to analyze medical
zones and properties zoned for medical -type uses. She requested Commissioners review operational standards
and ensure the standards are consistent with Commissioners' wishes.
Secretary Kleiman wanted to hear from the Police Department as to their experiences with existing tattoo
establishments so that the Commission can address concerns.
In answer to Commissioner Rosene's query, Deputy Community Development Director Campbell indicated staff
provided a map of potential locations for tattoo establishments based on proposed standards. Staff can explore
buffers for daycares, preschools, and alcohol uses. The area for tattoo establishments gets smaller as more
separation standards are imposed. Most medical uses have daytime office hours, not because of regulations
but because of owners' preferences. Perhaps staff can create business -friendly daytime hours of operation for
tattoo establishments. The City needs to avoid eliminating all areas where tattoo establishments can locate.
Chair Weigand stated he originally thought 10 p.m. was too early for tattoo establishments to close. After some
internet research, he learned that 10 p.m. is an appropriate closing time. People want to visit tattoo
establishments that are not located in medical areas. Therefore, requiring tattoo establishments to locate in
medical areas is too restrictive. In response to his questions, Principal Planner Schneider related that more than
one tattoo establishment could conceivably locate in the Irvine Avenue area, but that scenario is not likely. Zoning
is fluid and can become more or less restrictive based on residential zoning changes. As proposed, tattoo
establishments may locate in only one or two sites. Chair Weigand concurred with obtaining clarification of the
calls for service and proposed restricting tattoo establishments to operating by appointment only. It is important
not to restrict the sites so severely that a lawsuit arises as a result. Perhaps somebody from the industry could
present the industry's viewpoint at the next Commission discussion.
In reply to Vice Chair Lowrey's inquiry, Assistant City Attorney Summerhill reported the Planning Commission
cannot call for review a permit approved ministerially.
In answer to Chair Weigand's query, Community Development Director Jurjis indicated the Commission can call
for review the existing tattoo establishments.
Chair Weigand opened and closed the public hearing with no public comment.
In response to Commissioner Rosene's question, Principal Planner Schneider explained that the Zoning
Administrator's decision is discretionary and may be appealed to the Planning Commission. The proposed code
would establish a ministerial permit process. If an application for a new tattoo establishment meets objective
standards, the permit would be approved by staff and issued. Ministerial decisions are not appealable to the
Planning Commission.
Motion made by Commissioner Ellmore and seconded by Secretary Kleiman to continue the item to a date
uncertain.
AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowery, Weigand
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NOES:
RECUSED:
ABSENT:
X. DISCUSSION ITEMS
ITEM NO. 6 DIRECTOR'S INTERPRETATION FOR ACCESSORY RESIDENTIAL USES ASSOCIATED
WITH HOTELS (PA2021-096)
\ Site Location: Citywide
Summary:
The Community Development Director has issued a determination that residential uses are allowable
an accessory use to resort hotels under certain parameters. This determination is consistent with City
C\
cil Policy K-4 (Reducing the Barriers to the Creation of Housing).
Action: Receive and file.
Community Develop ent Director Jurjis reported the item is presented to the Planning Commission in order to
provide transparency the Plannin\theprima
Commission and community. Local travel is returning, but international
and group travel will reny years. Business travel is questionable due to the use of virtual meetings.
To support the hotel indouncil adopted Policy K-4 that covers accessory dwelling units (ADU), mixed-
use, and resort hotels.or's Determination looks at the conversion of hotel units, a maximum of 30
percent on a one-to-onsidential units. The Determination does not trigger Section 423 but recognizes
a land use. Residentiaccessory use to a resort hotel. Limiting conversion to a maximum of 30
percent of units presera use as a hotel.
In answer to Commissioner Rosene's inq ivies, Community Development Director Jurjis advised that a hotel can
increase or decrease a room's size. The termination does not focus on floor area. Trip count is a sensitive
issue, and sone -to -one conversion does not crease the trip count. The conversion is tied to room count. The
Determination also applies to the demolition an ebuilding of hotel units.
Jim Mosher did not understand how the Director m\etheDetermination ofwhat has or does not have resort -
like qualities. One-third of a hotel could be demolisreplaced with a completely residential building. The
Determination seems to be inconsistent with Greee General Plan, and history. Council Policy K4 is
inconsistent with Policy A-18.
In reply to Commissioner Koetting's query, Community Development Director Jurjis indicated the units may be
sold or leased but not time shared. \
In response to Commissioner Ellmore's questions, Community evelopment Director Jurjis indicated the
Director's Determination is consistent with Council policy. Section W23 specifically relates to General Plan
amendments.
Chair Weigand stated the Director's Determination helps the hotel indusIV, provides housing, and creates
funding that can be used for homeless programs, transitional housing, or affor able housing.
XI. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
None
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR ReqUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE P ED ON A
FUTURE AGENDA.
Deputy Community Development Director Campbell reported the City Council reviewed the draft \Hou"ngElement in a study session and directed staff to increase the number of ADUs and adjust the den
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Attachment No. PC 5
June 9, 2021 Memorandum from Police Department
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NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Matthew Schneider, Principal Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: June 9, 2021
SUBJECT: Tattoo Establishment Dispatch Events
At your request, the Police Department has conducted a detailed review of dispatch events
related to the tattoo establishments within the City of Newport Beach. The below locations were
reviewed:
Red Buddha Tattoo: 3413 Newport Blvd.
Newport Tattoo: 2611 Newport Blvd.
Stay True Tattoo: 365 Old Newport.
Balboa Tattoo: 2233 W. Balboa Blvd. Ste. 106
English Ink Tattoo Company 6000 Coast Hwy W Ste. E
Dispatch events and police calls for service are electronically recorded by geographic location.
If a call for police services is made from a residence or business, the police department's
computer aided dispatch database will geographically record the information by postal address
to facilitate a swift police response. For the same reason, a traffic collision or vehicle stop that
occurs in front of a business will be geographically attributed to the business' postal address as
well. Both calls are recorded as a dispatch event at that location, but both are not directly related
to the location. In some situations, an increased amount of dispatch events in a neighborhood
can either be attributed to one problem location, or can be the result of several contributing
factors and not the direct result of a specific problem location.
After reviewing dispatch events related to tattoo establishments within the City of Newport
Beach, the police department concludes that the majority of events were either unrelated to the
tattoo businesses or were unable to be directly attributed to the businesses by the notes or
disposition of the call. Additionally, the Police Department found there was no notable correlation
of day or time of dispatch events, indicating no problem location or specific burden on police
resources.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy JQe at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe
PoliceCivilian Investigator, Special Investigations Unit
25-96
25-97
Attachment No. PC 6
Map of Existing and Proposed Tattoo Establishment Locations
25-98
25-99
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July 22, 2021, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (iimmosher(cD-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE
(PA2020-003)
I am no fan of tattoos, but there is much I don't understand about this.
Calls for Service: The staff report (handwritten page 3) cites Attachment No. PC 4 from the
police department to "It did not find any troublesome establishments or specific burden on
police resources." Yet, Finding 4 on handwritten page 11 of the proposed resolution
describes in detail the anomalously high number of tattoo -establishment -related calls for
police service that require "adequate separation." How can these be reconciled?
2. Smoking: I am also not a fan of smoking, but can a restriction to tattoo establishments (and
not to other businesses that might have an attractive allure to minors) be justified?
3. Buffers: Handwritten page 4 says "staff does not recommend increasing the separation
requirements." It would have seemed more helpful to tell the Commission (and public) how
many establishments would be theoretically possible with larger buffers. But am I
understanding
But am I understanding Attachment No. PC 6 (Map of Existing and Proposed Tattoo
Establishment Locations), that even with the staff -proposed buffers, all existing tattoo
establishments will become non -conforming, and there will be only two small allowed areas,
one in Newport Center (soon to be reduced in size or eliminated entirely if the "car wash"
condo proposal is approved) and one along Irvine Avenue in East Santa Ana Heights, near
the airport? And, with the 1,000 foot rule, it would appear those could accommodate at most
one each for a total of two?
4. Medical Zoning: The staff report says "The City's existing zoning structure does not include
a distinct zone for medical uses." But doesn't NBMC Subsection 20.20.010.0 describe the
"OM (Office—Medical) Zoning District" – where, according to the proposal on handwritten
page 14, tattoo establishments will specifically not be allowed?'
5. 1 continue to think the proposed statement in the code (at the bottom of handwritten page
14) that "Tattoo establishments are authorized within the Commercial Zoning Districts
identified in Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM,
CN, CV, CV -LV))" is extremely confusing. It appears to state clearly they are authorized in
all ten districts listed when, in fact, they are allowed in only three of them.
As best I can tell, none of the other sections in Chapter 20.48 have this problem. Why
should this one?
' In this connection, it strikes me as slightly ironic that tattoo establishments are also proposed to be
banned in the "CM (Commercial Recreational and Marine) Zoning District" since I thought tattoos were
once associated primarily with sailors. Likewise, are the tattoo establishments intended primarily to serve
Newport Beach residents or visitors from other cities? If the latter, banning from visitor -serving districts
might also be difficult to justify.
25-101
O e
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cgtiFowN�P
Zoning and Local Coastal Program
Amendment (PA2020-030)
Tattoo Establishments
• Project was originally presented to the
Planning Commission on May 6, 2021
• Over the past decade there have been
several legal decisions related to the
zoning of tattoo establishments
• Anderson v. City of Hermosa Beach
• Real v. City of Long Beach
*Tattooing is considered protected speech
under the First Amendment of the United
States Constitution
• Reasonable time, place and manner
restrictions
Community Development Department - Planning Division
25-1032
• Calls for Service
• June 9, 2021, Police Dept. Memo
•Smoking
• Prohibited within 20 feet of the establishment
• Annual Review
• Buffers
*Medical Zoning
• Office General, Office Regional and Commercial
General Zones
Community Development Department - Planning Division 25-104 3
• One thousand (1,000) feet from another tattoo
establishment;
• Five hundred (500) feet from any primary or
secondary school or park or playground as
measured from lot line to lot line; or
• Five hundred (500) feet from the boundary of any
residential structure or residential use, including
residential uses in mixed-use zoning districts.
• Hours 10 a.m. - 10 p.m. Appointment Only
• Security camera system required
• Screen from public view, no outdoor seating/waiting
areas
• Alcohol and marijuana use prohibited
• No Smoking within 20 feet of premises
• Noise, signs and parking
• All applicable State, County and City Health
regulations
Community Development Department - Planning Division
25-1054
Tattoo Businesses
r
r
- General Commerical
General Office
- Regional Office s
oa,
Uooument Name: TadooBusiness Cit Wde Residential 500 only PowerPoint
25-108
25-109
25-110
Tattoo Businesses
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1
- General Commerical
General Office
c/
r
- Regional Office
500 ft buffer from Residential Structures
Parks
t Schools
s
oa,
Uooument Name: TadooBusiness Cit Wde Residential 500 only PowerPoint
25-110
Tattoo Businesses
- General Commerical
General Office "
- Regional Office
500 ft buffer from Residential Structures
: 500 ft Buffer from Schools and Parks
Parks
t Schools
aal1'
25-111
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•Notice was provided to the property
owner and business operators of the
City's five existing Tattoo
Establishments
• Existing tattoo establishments would
become legal non -conforming uses as
a result of adopting the proposed
code amendment
• May continue to operate
• Require discretionary approval to expand or
intensify their use
Community Development Department - Planning Division 25-114 13
•Find the project exempt from CEQA
(Section 15061(b)(3))
• Adopt Resolution No. PC2021-018,
recommending the City Council adopt
Zoning Code Amendment No.
CA2020-002
• Adopt Resolution No. PC2021-019,
recommending the City Council adopt
Local Coastal Program Amendment
No. LC2020-002 and authorize staff to
submit the amendment to the
California Coastal Commission
Community Development Department - Planning Division 25-115 14
For more
information
Contact
Matt Schneider
949-644-3219
mschneider@newportbeachca.gov
www.newportbeachca.gov
Dupstle
Attachment D
May 6, 2021 Planning Commission Minutes
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3. Adopt Resolution No. PC2021-010 approving Use Permit No. UP2020-191.
Assistant Planner Patrick Achis reported the existing suite is located within the Newport North Shoppif g Center.
The e&s
former tenant was a retail use. Uses to the north and south of the site are multifamily reside . The Bluffs
Shopping Center is located east of the site, and industrial uses and a U.S. Post Office ar066ated west of the
site. 1,The„project is consistent with the General Plan and zoning designations, which are dmmercial in nature.
The appl cant proposes a small-scale, full-service animal clinic offering wellness��,,;���ms, preventative care,
vaccinations, `surgeries, and other services. Most services will be offered by appoint” cent. Only animals in critical
condition will r4Majin onsite overnight. The applicant does not propose to ,b,�'�rd animals. To provide future
flexibility, staff recomrpends hours of operation of 8 a.m. to 6 p.m. daily.,: T'he suite measures approximately
3,400 square feet. Teinapt improvements consist of repartitioning wall nd installing equipment. The rear of
the site contains a walk area Only clinic staff will walk animals t not on residential properties. Staff will
promptly pick up and dispose''off \animal waste. A 30 -foot drive alsl -`; landscaping, and an 8 -foot -tall wall separate
the animal clinic from residence§,,: The shopping center provi 269 onsite parking spaces when 265 spaces
are required. Typically, an animal*c inic requires one parki, pace per 400 square feet. The project will be a
more intensive use, and a requirement.of one space, p r 250 square feet is more appropriate. The higher
requirement results in no change to par in demandrom the existing retail use. The project complies with
additional requirements for animal service. ltaff,�06mmends approval of the project.
Chair Weigand felt a closing time of 6 p.m.,. as early and proposed a closing time of 8 p.m. to provide some
flexibility for the applicant.
Commissioners reported no ex part `communications
Chair Weigand opened the pu lic `hearing. `<
Rajat Garhwal, business • �ner, concurred with the proposal for extending the closing time to 8 p.m. even though
he plans to limit hours operation initially.
In response to Cpffimissioner Koetting's inquiry, Mr. Garhwal advised that animals in critical condition will be
either transferred to an emergency clinic or monitored by staff.
Mr. Garh, " I agreed to the proposed conditions of approval._' ,
Chai o eigand closed the public hearing.
Motion made by Secretary Kleiman and seconded by Commissioner Rosene to ap rove the staff
recommendation with the amendment to the hours of operation.
AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowrey, Weigand
NOES:
RECUSED:
ABSENT.-
ITEM
BSENT:
ITEM NO. 5 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020-030)
Site Location: Citywide
Summary:
Amendments to Sections 20.20.020, 20.70.020 and the addition of Section 20.48.230 of Title 20
(Planning and Zoning) and amendments to Sections 21.20.020 and 21.70.020 of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to define
tattoo establishments (a previously undefined use) as a land use category and establish objective
standards to regulate its use
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically exempt from the California Environmental Quality Act ("CEQX)
pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have
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the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1),
which exempts local governments from the requirements of CEQA in connection with the adoption
of a Local Coastal Program;
3. Adopt Resolution No. PC2021-012 recommending the City Council approve Zoning Code
Amendment No. CA2020-002 updating development standards related to tattoo establishments;
and
4. Adopt Resolution No. PC2021-013 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2020-002 to the California Coastal Commission.
Principal Planner Matt Schneider reported staff analyzed legal decisions related to the zoning of tattoo
establishments. Tattoos are considered protected speech under the First Amendment. A jurisdiction is allowed
to implement reasonable time, place, and manner restrictions for tattoo establishments. Current regulations
define tattoo services as a restricted personal services use. Tattoo establishments are allowed in all office zones,
commercial zones, with the exception of Commercial Marine (CM) zones, and mixed-use zones subject to
approval of a minor use permit. On April 14, 2020, the Council directed staff to initiate a zoning amendment to
create a ministerial process and establish objective standards. Other jurisdictions' regulations for tattoo
establishments, Police Department calls for service, and case law informed the proposed amendments. Staff
proposes to define a tattoo establishment as its own use type, permit a tattoo establishment in Commercial
General (CG), Office General (OG), and Office Regional (OR) zoning districts, allow tattoo establishments as a
ministerial use subject to standards for specific land uses, and require a 1,000 -foot buffer between other tattoo
establishments, a 500 -foot buffer between schools, parks, and playgrounds, and a 500 -foot buffer from
residential structures or uses including residential uses in mixed-use zoning districts. Staff proposes operating
hours of 10 a.m. to 10 p.m.; a requirement for a security camera system; screening tattoo artists while they work;
prohibition of outdoor seating/waiting areas and alcohol and marijuana use; noise, signs, and parking be subject
to NBMC standards; and a requirement for tattoo establishments to comply with all applicable State, County, and
City health regulations. Staff sent notice of the public hearing to the property owners and business operators for
the five existing tattoo establishments. If the proposed amendments are adopted, the five existing tattoo
establishments will become legal non -conforming uses. Staff recommends adoption of the two proposed
resolutions as amended by a memorandum distributed earlier in the day.
In reply to Commissioner Klaustermeier's inquiry, Principal Planner Schneider noted owners of the existing tattoo
establishments may sell their businesses, and the establishments may continue to operate under a new owner
because entitlements run with the land. If the businesses are vacant for 180 days, the owners lose their vested
right in the business.
In response to Commissioner Koetting's questions, Principal Planner Schneider indicated the expansion of a
non -conforming use requires a conditional use permit. The existing tattoo establishments would have to amend
their conditional use permits to expand the business. Based on ordinances implemented in other jurisdictions
after the legal decisions, the buffer distances seem to be best practices. The City has to provide viable sites for
tattoo establishments in order to preserve the First Amendment right. The buffer distances may be increased or
decreased. An increase or decrease will affect the areas of the City where tattoo establishments may locate.
Assistant City Attorney Yolanda Summerhill advised that a 1,000 -foot buffer is probably sufficient to address the
secondary impacts of tattoo establishments.
In answer to Secretary Kleiman's queries, Principal Planner Schneider indicated the Planning Commission has
the discretion to call for a review of businesses with conditional use permits. Staff relies on Code Enforcement
officers and the Police Department to refer businesses for review. Staff has not received any referrals.
Community Development Director Seimone Jurjis added that staff will investigate the calls for service for the
establishment located at 2611 Newport Boulevard and, if warranted, place an item on the Planning Commission's
agenda. Principal Planner Schneider reported CG, OG, and OR zones allow medical and dental uses by right.
The Office Medical zone is located primarily around Hoag Hospital, but the buffer from residential uses would
preclude tattoo establishments in that zone. A combination of zones could reduce the areas in which tattoo
establishments may locate, which raises a legal question of whether the City is providing sufficient viable sites.
Staff proposed the hours of operation based on hours of operation allowed for the existing tattoo establishments
and in other jurisdictions. Assistant City Attorney Summerhill indicated staff will review the hours that calls for
service were made.
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Secretary Kleiman did not believe the proposed buffer between tattoo establishments and schools is sufficient.
Restricting tattoo establishments to daytime hours will likely reduce their negative secondary effects.
Vice Chair Lowrey related his review of ordinances and concerns in other jurisdictions. Riverside prohibited
tattoo establishments within 500 feet of any business that sells alcohol. Treating future tattoo establishments as
medical offices may balance Constitutional issues with concerns. Taking a couple of weeks to consider the
methods that other jurisdictions utilized to address legal issues is a good idea.
Assistant City Attorney Summerhill noted the Private Institutional zone, where many medical uses are located,
has the same classification as private schools. Staff may have to create a new subcategory for tattoo
establishments. Staffs proposed buffers are more restrictive than those implemented in Oceanside.
Secretary Kleiman clarified that tattoo establishments do not have to be associated with medical or private
institution uses, but their hours of operation should be similar to those of a medical use.
Assistant City Attorney Summerhill interpreted Secretary Kleiman's comments as staff is to analyze medical
zones and properties zoned for medical -type uses. She requested Commissioners review operational standards
and ensure the standards are consistent with Commissioners' wishes.
Secretary Kleiman wanted to hear from the Police Department as to their experiences with existing tattoo
establishments so that the Commission can address concerns.
In answer to Commissioner Rosene's query, Deputy Community Development Director Campbell indicated staff
provided a map of potential locations for tattoo establishments based on proposed standards. Staff can explore
buffers for daycares, preschools, and alcohol uses. The area for tattoo establishments gets smaller as more
separation standards are imposed. Most medical uses have daytime office hours, not because of regulations
but because of owners' preferences. Perhaps staff can create business -friendly daytime hours of operation for
tattoo establishments. The City needs to avoid eliminating all areas where tattoo establishments can locate.
Chair Weigand stated he originally thought 10 p.m. was too early for tattoo establishments to close. After some
internet research, he learned that 10 p.m. is an appropriate closing time. People want to visit tattoo
establishments that are not located in medical areas. Therefore, requiring tattoo establishments to locate in
medical areas is too restrictive. In response to his questions, Principal Planner Schneider related that more than
one tattoo establishment could conceivably locate in the Irvine Avenue area, but that scenario is not likely. Zoning
is fluid and can become more or less restrictive based on residential zoning changes. As proposed, tattoo
establishments may locate in only one or two sites. Chair Weigand concurred with obtaining clarification of the
calls for service and proposed restricting tattoo establishments to operating by appointment only. It is important
not to restrict the sites so severely that a lawsuit arises as a result. Perhaps somebody from the industry could
present the industry's viewpoint at the next Commission discussion.
In reply to Vice Chair Lowrey's inquiry, Assistant City Attorney Summerhill reported the Planning Commission
cannot call for review a permit approved ministerially.
In answer to Chair Weigand's query, Community Development Director Jurjis indicated the Commission can call
for review the existing tattoo establishments.
Chair Weigand opened and closed the public hearing with no public comment.
In response to Commissioner Rosene's question, Principal Planner Schneider explained that the Zoning
Administrator's decision is discretionary and may be appealed to the Planning Commission. The proposed code
would establish a ministerial permit process. If an application for a new tattoo establishment meets objective
standards, the permit would be approved by staff and issued. Ministerial decisions are not appealable to the
Planning Commission.
Motion made by Commissioner Ellmore and seconded by Secretary Kleiman to continue the item to a date
uncertain.
AYES: Ellmore, Klaustermeier, Koetting, Rosene, Kleiman, Lowery, Weigand
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Attachment E
July 22, 2021 Planning Commission Minutes
25-121
Ocean Boulevard public right-of-way, contingent upon all conditions of the Encroachment Permit process
being met; and
3. Adopt Resolution No. PC2021-017 waiving City Council Policy L-6 and approving Encroachment Permit
No. N2021-0197.
Ron Yeo, Corona del Mar Residents Association, indicated that the Corona del Mar Residents Association is preparing
a master plan for refurbishing landscaping in the public right-of-way because the existing landscape is not consistent
with Council Policy L-6. The Residents Association requests an additional condition of approval for review and approval
of a landscape plan that balances visual open space with adjacent homeowners' privacy.
Scott Laidlaw, project architect, reported that the property owners support the Residents Association's direction but are
not planning any changes for the right-of-way or their property. The intent of the application is to document the existing
conditions. He agreed to the conditions of approval.
Jim Mosher remarked that Finding B4 of the resolution does not appear to be necessary to support the Finding and is
incorrect. The activities described in Finding B4 would require a coastal development permit (CDP). He suggested
deleting Finding B4.
In response to Commissioner Rosene's questions, Deputy Community Development Director Jim Campbell explained
that the finding indicates a CDP is not needed for an agreement that reflects the existing improvements. The
improvements were in existence prior to the enactment of the Coastal Act, and the Coastal Act authorizes existing
improvements. The agreement reflects the existing improvements and allows them to remain subject to the terms of
the agreement. The finding does not control any future improvements. Assistant City Attorney Yolanda Summerhill
suggested the motion include language that any future construction or improvements are not subject to the exemption.
In answer to Commissioner Weigand's inquiry, Deputy Community Development Director Campbell advised that the
City can require changes to the right-of-way in the future.
Motion made by Secretary Ellmore and seconded by Commissioner Rosene to approve the staff recommendation
with a modification to facts in Finding B4 that any future construction or improvements are not subject to the
exemption.
AYES: Ellmore, Lowrey, Rosene, and Weigand
NOES:
RECUSED:
ABSENT: Klaustermeier, Kleiman, and Koetting
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE (PA2020-030)
Site Location: Citywide
Summary:
Amendments to Sections 20.20.020, 20.70.020 and the addition of Section 20.48.230 of Title 20 (Planning and
Zoning) and amendments to Sections 21.20.020 and 21.70.020 of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC) to define tattoo establishments (a
previously undefined use) as a land use category and establish objective standards to regulate its use.
Recommended Action:
1. Conduct a public hearing;
2. Find this project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to
pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1), which
exempts local governments from the requirements of CEQA in connection with the adoption of a Local
Coastal Program;
3. Adopt Resolution No. PC2021-018 recommending the City Council approve Zoning Code Amendment
No. CA2020-002 updating development standards related to tattoo establishments; and
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4. Adopt Resolution No. PC2021-019 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2020-002 to the California Coastal Commission.
Principal Planner Matt Schneider summarized legal decisions that influence the regulation of tattoo establishments and
requests for information discussed at the May 6, 2021 meeting. The Police Department has indicated there is no pattern
to calls for service at the five existing tattoo establishments that could inform hours of operation for tattoo establishments.
The five existing establishments are not a drain on the Police Department's resources. Staff has revised the proposed
ordinance to prohibit smoking by both employees and customers within 20 feet of the establishment. The proposed
ministerial permit process does not lend itself to annual reviews, and reviews are typically handled administratively.
Through the code enforcement process, establishments that do not comply with the ordinance would face progressive
penalties and ultimately could be required to cease operations. Buffer zones around tattoo establishments would limit
the number of areas in which tattoo establishments could locate. Staff does not recommend any modifications to the
proposed buffers. The Planning Commission suggested limiting tattoo establishments to areas zoned for medical uses,
but medical uses are allowed in most commercial and office zones. Staff proposes limiting tattoo establishments to
office general, office regional, and commercial general zones because they offer the greatest opportunity for tattoo
establishments given the proposed buffer requirements. Staff has modified development standards for tattoo
establishments to require service by appointment only and to prohibit smoking within 20 feet of the premises. Tattoo
establishments could locate on an estimated 150-200 sites or suites that comply with ordinance requirements. Staff
sent notice of the public hearing to property owners and business operators for the existing tattoo establishments. A
tattoo business owner called with questions but did not express any concerns after learning about the proposed
ordinance. If the Council adopts the proposed ordinance, existing tattoo establishments would become legal
nonconforming uses. If the existing establishments subsequently wanted to expand or intensify, they would have to
apply for a conditional use permit. If existing establishments discontinue operations for more than 180 days, they lose
their privilege to operate.
Commissioner Koetting joined the meeting.
In reply to Commissioner Weigand's queries, Principal Planner Schneider advised that staff would approve applications
for new tattoo establishments. The Planning Commission would consider revocation of a use permit for an existing
tattoo establishment if there were grounds to do so.
In answer to Commissioner Rosene's inquiry, Principal Planner Schneider indicated new tattoo establishments would
not need a conditional use permit.
Chair Lowrey opened the public hearing.
Jim Mosher noted a residential project has been proposed for Anacapa and questioned whether approval of the project
would extinguish the ability of tattoo establishments to locate in Newport Center. There may be an existing
nonconforming residential use located on Orchard Drive that could affect the second area where tattoo establishments
could locate. Limiting tattoo establishments to Newport Center could be considered restrictive. In section 1, paragraph
2 of the proposed resolution, the second court decision is not described correctly. The appeals court ruled on the
plaintiffs standing and sent the case back to the trial court. A finding based on a background report and a letter from
the Police Department are contradictory.
Principal Planner Schneider reported a portion of the Newport Center area would remain available for tattoo
establishments if the property on Anacapa is rezoned for residential use. Staff will confirm whether the use on Orchard
Drive is a legal nonconforming residential use or an office use. Conceivably, two tattoo establishments could locate in
the area and comply with the proposed 1,000 -foot buffer. At the May 6, 2021, hearing, staff noted a higher number of
calls for service at personal service uses versus tattoo establishments, but the findings were based on that and peer-
reviewed articles discussing secondary effects. Assistant City Attorney Summerhill advised that the court determined
the ordinance cited by Mr. Mosher was invalid.
Chair Lowrey closed the public hearing.
Commissioner Weigand related his support for the tattoo industry. Having an ordinance and a ministerial process
avoids the need for Commissioners to decide whether they support tattoo establishments. In response to his inquiry,
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Principal Planner Schneider indicated a tattoo establishment that received approval prior to a parcel being rezoned for
residential use has the right to continue operations.
Motion made by Commissioner Weigand and seconded by Commissioner Rosene to approve the staff
recommendation.
Commissioners Rosene and Weigand and Chair Lowrey appreciated the information staff provided in response to
Commissioners' requests at the May 6 hearing.
AYES: Ellmore, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN:
ABSENT: Klaustermeier and Kleiman
ITEM NO. 4 SETBACK MAP CORRECTIONS ZONING CODE AND LCP AMENDMENT (PA2020-006)
Site Location: Citywide
Summary:
Amendments to the Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan
(Title 21) of the Newport Beach Municipal Code (NBMC) to correct identified errors in the setback maps
contained in NBMC Sections 20.80.040 and 21.80.040 (Setback Maps). These maps provide the minimum
distance a primary residential structure must be set back from a property line or other identified line such
as a bulkhead or abandoned right-of-way line. These setbacks also establish front yard setback areas
regulating accessory structures that differ from side or rear yard setback areas.
Recommended Action:
1. Conduct a public hearing;
2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The
proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has
no potential to have a significant effect on the environment;
3. Adopt Resolution No. PC2021-020 recommending the City Council approve Code Amendment No.
CA2020-001; and
4. Adopt Resolution No. PC2021-021 recommending the City Council authorize staff to submit Local Coastal
Program Amendment No. LC2020-001 to the California Coastal Commission.
Secretary Ellmore recused himself from the item due to a conflict of real property interests.
Assistant City Attorney Summerhill noted Vice Chair Kleiman's absence and real property conflicts that recused her
from the item.
Principal Planner Jaime Murillo reported the item is intended to correct a number of errors that resulted from the 2010
comprehensive Zoning Code Update. Setback maps began in 1943 as districting maps. Districting maps identified
front yard setbacks that differed from the standard 20 -foot setback and in some cases used to establish multiple yards
that should be treated as a front yard. The maps were modernized in 2010 and incorporated into the Local Coastal
Program (LCP) Implementation Plan in 2017. Staff has discovered a number of errors in the maps, and the errors
create nonconformities, limit development rights, and create inconsistencies with historical development patterns. He
shared examples of two errors and their consequences for property owners. After publication of the staff report, staff
found an additional error and distributed a memorandum with proposed modification of Setback Map S -2E. Mr. Mosher
submitted written comments regarding another error, and staff requests the motion include correction of that error.
Amendments to the LCP will require California Coastal Commission approval.
Chair Lowrey opened and closed the public hearing with no comment from the public.
Commissioner Koetting and Chair Lowrey commended staff for finding and correcting these errors.
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Attachment F
Planning Commission Resolution No. PC2021-18
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RESOLUTION NO. PC2021-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL
ADOPT ZONING CODE AMENDMENT NO. CA2020-002
UPDATING DEVELOPMENT STANDARDS RELATED TO
TATTOO ESTABLISHMENTS (PA2020-030)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC")
authorizes Restricted Personal Service uses which includes day spas, healing arts,
tanning salons, tattoo and body piercing establishments in office, commercial (with the
exception of the Commercial Recreational and Marine [CM] zone), and mixed-use zones
subject to approval of a minor use permit.
2. Two (2) Ninth Circuit federal court decisions determined that tattooing constitutes
speech such that it is protected under the First Amendment of the United States
Constitution ("First Amendment"). Specifically, in Anderson v. City of Hermosa Beach,
(9th Cir. 2010) 621 F.3d 1051, the court struck Hermosa Beach's ban on tattoo parlors
justified on the basis of a risk of infection. In Real v. City of Long Beach, (9th Cir. 2017)
852 F.3d 929, the court held that Long Beach's conditional use permit requirement for
tattoo establishments vested unbridled discretion in a government official over whether
to permit or deny expressive activity constituted a prior restraint on speech in violation
of the First Amendment.
3. These decisions limit a local jurisdiction's ability to require discretionary permits approval
for this protected class of free speech, however, cities may apply time, place and manner
restrictions through the application of objective standards such as hours of operation,
separation requirements and appropriate zoning districts for new applications.
4. On April 14, 2020, the City Council adopted Resolution No. 2020-35 to initiate a code
amendment related to tattoo services.
5. A telephonic public hearing was held by the Planning Commission on May 6, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing
restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
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6. After receiving a presentation from staff and discussing the item, the Planning Commission
voted (7-0) to continue the item to allow staff additional time to research and respond to
the Commission's questions.
7. A public hearing was held by the Planning Commission on July 22, 2021, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is exempt from environmental review under the California Environmental Quality
Act ("CEQA") Section 15061(b)(3) of the California Code of Regulations, Title 14, Chapter 3
("CEQA Guidelines"), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment. While this amendment would allow
tattoo establishments as a permitted use within the City, it does not authorize new development
that would directly result in physical changes to the environment. There is no evidence or
known special circumstances that amending the regulations for tattoo establishments would
result in any new effects on the environment.
SECTION 3. FINDINGS.
1. The City, through Titles 20 (Planning and Zoning) and 21 (Local Coastal Program
Implementation Plan), promotes the orderly development of the City; promotes the
public health, safety, peace, comfort, and general welfare; protects the character, social
and economic vitality of neighborhoods; and ensures the beneficial development of the
City. Zoning Code Amendment No. CA2020-002 authorizes tattoo establishments in
commercial zones including the OG (Office General), OR (Office Regional), and CG
(Commercial General) zoning districts where they are compatible with other commercial
uses.
2. A buffer between tattoo establishments and sensitive land uses such as residential
zones, schools, and parks is appropriate and will continue to allow a wide range of
potential alternative sites. These buffer provisions will serve to: (1) protect the quality of
life and neighborhoods in the City, (2) protect the City's retail and commercial trade, (3)
minimize the potential for nuisances related to the operation of tattoo establishments,
(4) protect the well-being, tranquility and privacy of the home with the residential buffer,
and (5) protect the peace, welfare, and privacy of persons who own, operate and/or
patronize tattoo establishments.
3. Establishing distance requirements between other tattoo establishments ensures the
City maintains an adequate number of establishments to serve residents and visitors
while avoiding overconcentration and maintaining a diversity of uses to serve the
community. For example, Newport Beach is comprised of several villages with distinct
and unique commercial cores that serve families and visitors. It is important that the
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character of these commercial core areas remain family- and tourist -oriented. Moreover,
Zoning Code Amendment No. CA2020-002 ensures that adequate sites are available
for the establishment and operation of tattoo establishments in the City as approximately
150 to 200 sites would be available for a tattoo establishment to operate when factoring
in the locational requirements proposed under this ordinance amendment and number
of existing suites/offices provided at these locations. The distance requirements ensure
that there are adequate sites available to provide this use while also ensuring a diversity
of uses within the City.
4. Maintaining adequate separation between establishments as well as locating said
establishments in commercial zones is appropriate in that tattoo establishments may
cause negative secondary effects in the community including the potential to attract
criminal activity. Specifically, data from the Newport Beach Police Department's Calls
for Service ("CFS") which compares the number of CFS during the preceding five (5)
years shows a disparity in the number of calls for tattoo establishments when compared
with other Restricted Personal Services. The City's data shows that since January 2015,
Newport Beach Police Department has received 49 CFS for four (4) tattoo
establishments, in comparison to 12 CFS (when excluding calls for alarms) for three (3)
non -tattoo establishments operating during the same period of time. In addition, there
were no CFS at non -tattoo establishments for incidents recorded as: disturbance,
theft/fraud, drunk in public or battery/fighting in comparison to 22 such incidents
recorded at tattoo establishments. The CFS data for the City of Oceanside (another
coastal city with publicly available CFS data), shows a similar pattern, with substantially
higher CFS for tattoo establishments and recorded incidents of disturbances and violent
crimes in comparison to non -tattoo establishments.
5. Zoning Code Amendment No. CA2020-002 is appropriate to prevent deterioration
and/or degradation of the vitality of the community before the problem exists, rather than
waiting for problems to be created. Buffer requirements are a legitimate and reasonable
means of ensuring against the negative secondary effects of tattoo facilities and to
balance the various land uses in order to protect the health, safety and welfare of
Newport Beach residents, preserve the quality of life, and preserve the character of
surrounding neighborhoods. The buffer requirements of the City do not unreasonably
restrict the establishment or operation of constitutionally protected businesses in
Newport Beach. The City recognizes that these buffer requirements do not preclude
reasonable alternative avenues of communication and that there are approximately 150
to 200 potentially available sites for tattoo establishments in addition to the City's five
(5) existing tattoo establishments.
6. Zoning Code Amendment No. CA2020-002 is appropriate to protect the health and well-
being of adolescents within the community. A study titled "Tattooing and High -Risk
Behavior in Adolescents" established an association between adolescents who obtain
tattoos and their involvement in high-risk behaviors that are detrimental to their health
and welfare including gang affiliation, substance abuse, and violence. Adopting time,
place and manner restrictions that protect minors is appropriate (Sable Commission of
California, Inc. v. FCC, [1989] 492 U.S. 115).
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7. Zoning Code Amendment No. CA2020-002 is appropriate to protect customer health.
Tattooing carries the risk of infection and transmission of disease if unsanitary conditions
are present or unsterile equipment is used. The Centers for Disease Control and
Prevention (CDC) and the United States Food and Drug Administration confirm the
significant health risks of tattooing (CDC, Body Art: Tattoos and Piercings [Jan. 21, 2008]
[noting risks of infection, tuberculosis, Hepatitis B and C, and HIV]). Zoning Code
Amendment No. CA2020-002 which requires all licenses and permits including
compliance with the State's Safe Body Art Act and registration/licensing with the Orange
County Health Department is appropriate.
8. Zoning Code Amendment No. CA2020-002 sets appropriate time, place and manner
restrictions on tattoo establishments. The City has considered the following decisions:
Anderson v. Hermosa Beach, (9th Cir. 2010) 621 F.3d 1051; Real v. City of Long Beach,
(9t" Cir. 2017) 852 F.3d 929; Garcia v. City of Torrance Case No. 2:15-cv-03810-SVW-
RAO; Ward v. Rock Against Racism, (1989) 491 U.S. 78; and City of Renton v Playtime
Theaters, (1986) 475 U.S. 41.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby finds Zoning Code
Amendment No. CA2020-002 is exempt from the CEQA pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. While the code
amendment would allow tattoo establishments as a permitted use within the City, it does
not authorize new development that would directly result in physical changes to the
environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2020-002 as set forth in Exhibit 'A," which is attached hereto
and incorporated herein by reference.
3
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JULY, 2021.
AYES: Ellmore, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN:
ABSENT: Klaustermeier and Kleiman
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Planning Commission Resolution No. PC2021-018
Page 5 of 9
BY:i
Curtis Ellmore, Secretary
Attachment: Exhibit A —Zoning Code Amendment No. CA2020-002
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EXHIBIT "A"
Zoning Code Amendment No. CA2020-002
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements) of Section
20.20.020(C) (Commercial Zoning Districts Land Uses and Permit Requirements) of the
NBMC are amended to read as follows:
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the Commercial
Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,
OG. OM. OR. CC. CG. CM. CN. CV. CV -LV)).
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Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
ALLOWED USES AND PERMIT
TABLE 2-4
REQUIREMENTS
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section )
— Not allowed
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
CC
CG
CM
CN
CV
See Part 7 of this title for land use definitions.
OA
OG
OM
OR
Specific Use
Regulations
See Chapter 20.12 for unlisted uses.
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
P
Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the Commercial
Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,
OG. OM. OR. CC. CG. CM. CN. CV. CV -LV)).
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Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section 20.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for land use
CC
CG
CM
CN
CV
CV -LV
Specific Use
definitions.
Regulations
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—_
_—
Section
20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the Commercial
Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,
OG. OM. OR. CC. CG. CM. CN. CV. CV -LV)).
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2. Site and Floor Plans. The site and floor plans shall incorporate design features
to ensure the activities and operation, including seating and waiting areas, are
conducted entirely within the building or structure.
3. Parking. Parking shall comply with Chapter 20.40 (Off -Street Parking). The
Personal Services parking requirement from Table 3-10 (20.40.040 Off Street
Parking Spaces Required) shall apply to all tattoo establishments.
4. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, a
sian shall be visible at all entrances statina. "No tattoo service will be provided
to any person under the age of 18."
5. Location Restrictions. Tattoo establishments shall maintain the following
separation requirements:
i. One thousand (1,000) feet from another tattoo establishment;
ii. Five hundred (500) feet from any primary or secondary school or park or
playground as measured from lot line to lot line; or
iii. Five hundred (500) feet from the boundary of any residential structure or
residential use. includina residential uses in mixed-use zonina districts.
B. Operating Standards.
1. Hours of Operation. ODeratina hours must not extend outside the hours of 10:00
a.m. to 10:00 p.m. scheduled by appointment only. No walk-ins shall be
accepted.
2. Maintenance. The owner or oaerator shall:
i. Maintain the exterior of the premises free of litter and graffiti at all times;
and
ii. Provide for dailv removal of trash. litter. debris and araffiti from the
premises and abutting sidewalks within twenty (20) feet of the premises.
3. Noise. The owner or operator shall be responsible for the control of noise
generated by the tattoo establishment. All noise generated by the use shall
comply with the provisions of Chapter 10.26 (Community Noise Control) and
other applicable noise control requirements of the Newport Beach Municipal
Code.
4. Security. The owner or operator shall maintain security cameras covering all
entrances and exits to/from the establishment, the public right-of-way fronting
the establishment and the parking facility serving the establishment. The
recording shall be retained for no less than thirty (30) days and shall be made
available to the Police Department upon request.
5. Consumption. The service or use of alcohol or marijuana shall be prohibited.
Clients, guests, visitors, or staff shall not smoke within twenty (20) feet of the
premises.
6. Screening. All tattoo services shall be screened so as not to be visible to the
exterior of the business.
C. Other Licenses and Permits. The owner or operator shall comply with all applicable State,
County and City Health and Human Services regulations including, but not limited to the
State Safe Body Art Act regarding the establishment and operation of businesses
engaged in tattooing, body piercing and permanent cosmetic application. Each artist shall
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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.
Section 3: Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the
NBMC is amended to revise the definition of "Personal Services (Land Use)" and add the
definition of "Tattoo Establishment" to read as follows:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
2. 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 servffi es and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
"Tattoo Establishment" (Land Use) means an establishment where the insertion of pigment, ink
or dye is applied under the surface of the skin by a person pricking with a needle or otherwise,
25-133
to permanently change the color or appearance of the skin or to produce an indelible mark or
figure visible through the skin in exchange for financial or other valuable consideration. It does
not include the application of permanent make-uo that is performed as an incidental service in
a beauty shop, day spa, or dermatology office.
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Attachment G
Planning Commission Resolution No. PC2021-19
25-135
RESOLUTION NO. PC2021-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL
AUTHORIZE SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2020-002 TO THE CALIFORNIA COASTAL
COMMISSION TO UPDATE DEVELOPMENT STANDARDS
RELATED TO TATTOO ESTABLISHMENTS (PA2020-030)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code ("NBMC") authorize Restricted Personal Service
uses which includes day spas, healing arts, tanning salons, tattoo and body piercing
establishments in office, commercial (with the exception of the Commercial Recreational
and Marine [CM] zone), and mixed-use zones subject to approval of a minor use permit.
2. Two (2) Ninth Circuit federal court decisions determined that tattooing constitutes
speech such that it is protected under the First Amendment of the U.S. Constitution
("First Amendment"). Specifically, in Anderson v. City of Hermosa Beach, (9th Cir. 2010)
621 F.3d 1051 the court struck Hermosa Beach's ban on tattoo parlors justified on the
basis of a risk of infection. In Real v. City of Long Beach, (9th Cir. 2017) 852 F.3d 929
the court held that Long Beach's conditional use permit requirement for tattoo
establishments vested unbridled discretion in a government official over whether to
permit or deny expressive activity constituted a prior restraint on speech in violation of
the First Amendment.
3. These decisions limit a local jurisdiction's ability to require discretionary permits approval
for this protected class of free speech, however, cities may apply time, place and manner
restrictions through the application of objective standards such as hours of operation,
separation requirements and appropriate zoning districts for new applications.
4. On April 14, 2020, the City Council adopted Resolution No. 2020-35 to initiate a code
amendment related to tattoo services.
5. A telephonic public hearing was held by the Planning Commission on May 6, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing
restrictions due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. ("Ralph M. Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
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6. After receiving a presentation from staff and discussing the item, the Planning Commission
voted (7-0) to continue the item to allow staff additional time to research and respond to
the Commission's questions.
7. A public hearing was held by the Planning Commission on July 22, 2021, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 21.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is exempt from environmental review under the California Environmental Quality
Act ("CEQA") pursuant to Section 15061(b)(3) of the California Code of Regulations, Title 14,
Chapter 3 ("CEQA Guidelines"), the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. While this amendment would
allow tattoo establishments as a permitted use within the City, it does not authorize new
development that would directly result in physical changes to the environment. There is no
evidence that amending the regulations for tattoo establishments would result in any new effects
on the environment. Additionally, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the adoption of a
Local Coastal Program (LCP).
SECTION 3. FINDINGS.
The City, through Titles 20 (Planning and Zoning) and 21 (Local Coastal Program
Implementation Plan), promotes the orderly development of the City; promotes the
public health, safety, peace, comfort, and general welfare; protects the character, social
and economic vitality of neighborhoods; and ensures the beneficial development of the
City. Tattoo establishments are not a coastal dependent or visitor serving use.
Implementation of this code revision will allow tattoo establishments in the CG (General
Commercial) and OG (Office General) Coastal Zoning Districts while preserving
opportunities for visitor serving or coastal dependent uses in the CM (Commercial
Recreational and Marine) and CV (Commercial Visitor -Serving) Coastal Zoning Districts.
2. Local Coastal Program Amendment No. LC2020-002 authorizes tattoo establishments in
coastal commercial zones where they are compatible with other commercial uses.
3. A buffer between tattoo establishments and sensitive land uses such as residential
zones, schools, and parks is appropriate and will continue to allow a wide range of
potential alternative sites. These buffer provisions will serve to: (1) protect the quality of
life and neighborhoods in the City, (2) protect the City's retail and commercial trade, (3)
minimize the potential for nuisances related to the operation of tattoo establishments,
(4) protect the well-being, tranquility and privacy of the home with the residential buffer,
25-137
and (5) protect the peace, welfare, and privacy of persons who own, operate and/or
patronize tattoo establishments.
4. Establishing distance requirements between other tattoo establishments ensures the
City maintains an adequate number of establishments to serve residents and visitors
while avoiding overconcentration and maintaining a diversity of uses to serve the
community. For example, Newport Beach is comprised of several villages with distinct
and unique commercial cores that serve families and visitors. It is important that the
character of these commercial core areas remain family- and tourist -oriented. Currently,
four (4) of the five (5) tattoo establishments in the City are located within the coastal
zone. Therefore, 80 percent of the City's existing tattoo establishment are located within
63 percent of the City's land area that comprises the City's coastal zone. The existing
establishments adequately serve coastal zones and ensure community compatibility.
5. Maintaining adequate separation between establishments as well as locating said
establishments in commercial zones is appropriate in that tattoo establishments may
cause negative secondary effects in the community including the potential to attract
criminal activity. Specifically, data from the Newport Beach Police Department's Calls
for Service ("CFS") which compares the number of CFS during the preceding five (5)
years shows a disparity in the number of calls for tattoo establishments when compared
with other Restricted Personal Services. The City's data shows that since January 2015,
Newport Beach Police Department has received 49 CFS for four (4) tattoo
establishments, in comparison to 12 CFS (when excluding calls for alarms) for three (3)
non -tattoo establishments operating during the same period of time. In addition, there
were no CFS at non -tattoo establishments for incidents recorded as: disturbance,
theft/fraud, drunk in public or battery/fighting, in comparison to 22 such incidents
recorded at tattoo establishments. The CFS data for the City of Oceanside (another
coastal city with publicly available CFS data) shows a similar pattern, with substantially
higher CFS for tattoo establishments and recorded incidents of disturbances and violent
crimes in comparison to non -tattoo establishments.
6. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to prevent deterioration and/or degradation of the vitality
of the community before the problem exists, rather than waiting for problems to be
created. Buffer requirements are a legitimate and reasonable means of ensuring against
the negative secondary effects of tattoo facilities and to balance the various land uses
in order to protect the health, safety and welfare of Newport Beach residents, preserve
the quality of life, and preserve the character of surrounding neighborhoods. The buffer
requirements of the City do not unreasonably restrict the establishment or operation of
constitutionally protected businesses in Newport Beach.
7. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to protect the health and well-being of adolescents within
the community. A study titled "Tattooing and High -Risk Behavior in Adolescents"
established an association between adolescents who obtain tattoos and their
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involvement in high-risk behaviors that are detrimental to their health and welfare
including gang affiliation, substance abuse, and violence. Adopting time, place and
manner restrictions that protect minors is appropriate (Sable Commission of California,
Inc. v. FCC, [1989] 492 U.S. 115).
8. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to protect customer health. Tattooing carries the risk of
infection and transmission of disease if unsanitary conditions are present or unsterile
equipment is used. The Centers for Disease Control and Prevention (CDC) and the
United States Food and Drug Administration confirm the significant health risks of
tattooing (CDC, Body Art: Tattoos and Piercings [Jan. 21, 2008] [noting risks of infection,
tuberculosis, Hepatitis B and C, and HIV]). Local Coastal Program Amendment No.
LC2020-002 which requires all licenses and permits including compliance with the
State's Safe Body Art Act and registration/licensing with the Orange County Health
Department is appropriate.
9. Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 set appropriate time, place and manner restrictions on tattoo
establishments. The City has considered the following decisions: Anderson v. Hermosa
Beach, (9th Cir. 2010) 621 F.3d 1051; Real v. City of Long Beach, (9t" Cir. 2017) 852
F.3d 929; Garcia v. City of Torrance Case No. 2:15-cv-03810-SVW-RAO; Ward v. Rock
Against Racism, (1989) 491 U.S. 78; and City of Renton v Playtime Theaters, (1986)
475 U.S. 41.
10. Local Coastal Program Amendment No. LC2020-002 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution and/or ordinance of the
City Council of the City of Newport Beach.
11. The LCP, including Local Coastal Program Amendment No. LC2020-002, will be carried
out fully in conformity with the California Coastal Act.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds Local Coastal
Program Amendment No. LC2020-002 is exempt from the CEQA pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment. While the
LCP amendment would allow tattoo establishments as a permitted use within the City,
it does not authorize new development that would directly result in physical changes to
the environment.
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Planning Commission Resolution No. PC2021-019
Paae 5 of 7
2. The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No. LC2020-002, as set forth in Exhibit "A," which is
attached hereto and incorporated herein by reference, to the California Coastal
Commission.
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JULY, 2021.
AYES: Ellmore, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN:
ABSENT: Klaustermeier and Kleiman
Curtis Ellmore, Secretary
Attachment: Exhibit A - Local Coastal Program Amendment No. LC2020-002
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EXHIBIT "A"
Local Coastal Program Amendment No. LC2020-002
Section 1: Table 21.20-1 in Newport Beach Municipal Code (NBMC) Section
21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is amended, in part to the
"Tattoo Establishments" row as follows:
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases)
to read as follows, with all other provisions of Chapter 21.70 remaining unchanged:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
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Commercial Coastal Zoning Districts
TABLE 21.20-1
A
Allowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for
CM
Cv
Specific Use
land use definitions.
CC
CG
(3)
CN
(3)
LV
OG
Regulations
(3)
See Chapter for unlisted uses.
Service Uses—General
Tattoo Establishments
—
A
—
—
—
—
A
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases)
to read as follows, with all other provisions of Chapter 21.70 remaining unchanged:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
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2. 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 seNiGes and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
Tattoo Establishment (land use) means a business where the insertion of pigment, ink or dye
is applied under the surface of the skin by a person pricking with a needle or otherwise, to
permanently change the color or appearance of the skin or to produce an indelible mark or
figure visible through the skin in exchange for financial or other valuable consideration. It does
not include the application of permanent make-up that is performed as an incidental service in
a beauty shop, day spa, or dermatology office.
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Attachment H
Strikeout/Underline Summary of Proposed Amendments
25-143
Strike-out/Underline
Zoning Code Amendment No. CA2020-002
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements) of
Section 20.20.020(C) (Commercial Zoning Districts Land Uses and Permit
Requirements) of the NBMC are amended to read as follows:
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
25-144
Commercial Office Zoning Districts
Permit Requirements
P
Permitted by Right
ALLOWED USES AND PERMIT
TABLE 2-4
REQUIREMENTS
Conditional Use Permit
ALLOWED USES AND PERMIT REQUIREMENTS
CUP
(Section 20.52.020)
— Not allowed
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
CC
CG
CM
CN
CV
See Part 7 of this title for land use definitions.
OA
OG
OM
OR
Specific Use
Regulations
See Chapter 20.12 for unlisted uses.
Regulations
See Chapter __.. for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
P
Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
25-144
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND PERMIT
CUP Conditional Use Permit (Section !0.52.020)
REQUIREMENTS
MUP Minor Use Permit (Section M.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for land use
CC
CG
CM
CN
CV
CV -LV
Specific Use
definitions.
Regulations
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments
—
P
—
—
—
Section
20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses — Tattoo
Establishments) of the NBMC is added to read as follows:
A. Development Standards.
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1. Zoning Districts. Tattoo establishments are authorized within the
Commercial Zoning Districts identified in Chapter 20.20 (Commercial
Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV -LV)).
2. Site and Floor Plans. The site and floor plans shall incorporate design
features to ensure the activities and operation, including seating and waiting
areas, are conducted entirely within the building or structure.
3. Parking. Parking shall comply with Chapter 20.40 (Off -Street Parking). The
Personal Services, General parking requirement from Table 3-10 (20.40.40
Off Street Parking Spaces Required) shall apply to all tattoo establishments
4. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition,
a sign shall be visible at all entrances stating, "No tattoo service will be
provided for any person under the age of 18."
5. Location Restrictions. Tattoo establishments shall maintain the following
separation requirements:
i. One thousand (1,000) feet from another tattoo establishment;
ii. Five hundred (500) feet from any primary or secondary school or park
or playground as measured from lot line to lot line; or
iii. Five hundred (500) feet from the boundary of any residential structure
or residential use, including residential uses in mixed-use zoning
districts. Excluding legal non -conforming residential properties within
the Santa Ana Heights Specific Plan
B. Operating Standards.
1. Hours of Operation. Operating hours must not extend outside the hours of
10:00 a.m. to 10:00 p.m. scheduled by appointment only. No walk-ins shall
be accepted.
2. Maintenance. The owner or operator shall:
i. Maintain the exterior of the premises free of litter and graffiti at all
times; and
ii. Provide for daily removal of trash, litter, debris and graffiti from the
premises and abutting sidewalks within twenty (20) feet of the
premises.
3. Noise. The owner or operator shall be responsible for the control of noise
generated by the tattoo establishment. All noise generated by the use shall
comply with the provisions of Chapter 10.26 (Community Noise Control)
and other applicable noise control requirements of the Newport Beach
Municipal Code.
4. Security. The owner or operator shall maintain security cameras covering
all entrances and exits to/from the establishment, the public right-of-way
fronting the establishment and the parking facility serving the
establishment. The recording shall be retained for no less than thirty (30)
days and shall be made available to the Police Department upon request.
5. Consumption. The service or use of alcohol or marijuana shall be prohibited.
Clients, guests, visitors, or staff shall not smoke within twenty (20) feet of
the premises.
6. Screening. All tattoo services shall be screened so as not to be visible to
the exterior of the business.
25-145
C. Other Licenses and Permits. The owner or operator shall comply with all applicable
State, County and City Health and Human Services regulations including, but not
limited to the State Safe Body Art Act regarding the establishment and operation of
businesses engaged in tattooing, body piercing and permanent cosmetic application.
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.
Section 3: Section 20.70.020 (Definitions of Specialized Terms and Phrases) of
the NBMC is amended to revise the definition of "Personal Services (Land Use)" and add
the definition of "Tattoo Establishment" to read as follows:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal
nature. Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
2. 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.
25-146
d Tatte, selVi es and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
"Tattoo Establishment" (Land Use) means an establishment where the insertion of
pigment, ink or dye is applied under the surface of the skin by a person prickingwith ith a
needle or otherwise, to permanently change the color or appearance of the skin or to
produce an indelible mark or figure visible through the skin in exchange for financial or
other valuable consideration. It does not include the application of permanent make-up
that is performed as an incidental service in a beauty shop, day spa, or dermatology office.
Section 1: Table 21.20-1 in Newport Beach Municipal Code (NBMC) Section
21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is amended, in part to the
"Tattoo Establishments" row as follows:
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and
Phrases) to read as follows, with all other provisions of Chapter 21.70 remaining
unchanged:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal
nature. Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
25-147
Commercial Coastal Zoning Districts
TABLE 21.20-1
A
Allowed
ALLOWED USES
—
Not Allowed
Land Use
See Part 7 of this Implementation Plan for
CM
Cv
v
Specific Use
land use definitions.
CC
CG
(3)
CN
(3)
OG
Regulations
(3)
See Chapter 21.12 for unlisted uses.
Industry, Manufacturing and Processing, and Warehousing Uses
Tattoo Establishment
I —
I A
I —
I —
I —
I —
I A
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and
Phrases) to read as follows, with all other provisions of Chapter 21.70 remaining
unchanged:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal
nature. Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c. Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f. Shoe repair shops.
25-147
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
2. 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 Tattee SeFV'Ges and gt ody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
Tattoo Establishment (land use) means a business where the insertion of pigment, ink or
dye is applied under the surface of the skin by a person pricking with a needle or
otherwise, to permanently change the color or appearance of the skin or to produce an
indelible mark or figure visible through the skin in exchange for financial or other valuable
consideration. It does not include the application of permanent make-up that is performed
as an incidental service in a beauty shop, day spa, or dermatology office.
25-148