HomeMy WebLinkAbout2021-127 - 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 DevRESOLUTION 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;
Resolution No. 2021-127
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 9th 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.
Resolution No. 2021-127
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.
Resolution No. 2021-127
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.
Resolution No. 2021-127
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.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aarbn C. arp
City Attorney
Attachment(s): Exhibit A: Local Coastal Program Amendment No. LC2020-002
(PA2020-030)
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.
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
CV
Specific Use
land use definitions.
CC
CG
(3)
CN
(3)
LV
OG
Regulations
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.
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.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven, the foregoing resolution, being Resolution
No. 2021-127 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 30th day of November, 2021; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1s' day of December, 2021.
444� 1
Leilani I. Brown
City Clerk -000nuuft.-
Newport Beach, California
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