HomeMy WebLinkAbout04 - A Code Amendment Related to Tattoo Establishment Development Standards (PA2020-030)Q �EwPpRT
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
December 14, 2021
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: 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
Establishment Development Standards (PA2020-030)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2021-27 for a proposed
code amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
(NBMC) that would update development standards related to tattoo establishments.
Specifically, the ordinance would define this previously undefined land use category and
establish objective standards to regulate its use.
RECOMMENDATION:
a) 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; and
b) Conduct second reading and adopt 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).
DISCUSSION:
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.
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Ordinance No. 2021-27: A Code Amendment Related to Tattoo Establishment
Development Standards (PA2020-030)
December 14, 2021
Page 2
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 separation requirement, ensure 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 to 200 potentially available sites for the
establishment of new tattoo businesses, when factoring in the locational requirements
under the proposed code amendment and the 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 of sites as new
tattoo business are opened.
The proposed ordinance would establish hours of operation, ensure the operation and
the area within its vicinity are properly maintained, ensure compliance with Chapter 10.26
(Community Noise Control) noise requirements, require security cameras and screening,
and limit 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.
The attached ordinance was introduced and considered at the November 30, 2021, City
Council meeting.
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.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item.
ATTACHMENT:
Attachment A — Ordinance No. 2021-27
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Attachment A
Ordinance No. 2021-27(ZA)
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 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 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.
z Real v. City of Long Beach, (2017) 852 F.3d 929.
Ordinance No. 2021-27
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. 2021-27
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.
RHO
Ordinance No. 2021-27
Page 4 of 4
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,tITY 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:
RM
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:
RM
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:
RM
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.
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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