HomeMy WebLinkAbout05 - LCP Amendment Related to Tattoo Establishments (PA2020-030)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q4�:09 City Council Staff Report
May 10, 2022
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Principal Planner
PHONE: 949-644-3209, jmurillo@newportbeachca.gov
TITLE: Ordinance No. 2022-12: LCP Amendment Related to Tattoo
Establishments (PA2020-030)
ABSTRACT:
For the City Council's consideration is the adoption of an amendment to Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC)
updating development standards related to tattoo establishments. The attached ordinance
was introduced and considered at the April 26, 2022, City Council meeting.
RECOMMENDATION:
a) Find this amendment exempt pursuant to California Environmental Quality Act
("CEQA") Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has
no potential to have a significant effect on the environment and local governments are
exempt from the requirements of CEQA in connection with the adoption of a Local
Coastal Program;
b) Conduct second reading and adopt Ordinance No. 2022-12, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code and Adopting
Local Coastal Program Amendment No. LC2020-002 Related to Tattoo Establishment
Development Standards (PA2020-030).
DISCUSSION:
On December 14, 2021, the City Council adopted amendments to Title 20 (Zoning Code)
of the NBMC to allow ministerial approval of tattoo establishments in commercial zones
of the City subject, however, to separate requirements and other development and
operational standards. The amendment serves 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. Similar
amendments to Title 21 of the NBMC are also needed for consistency with the adopted
changes to Title 20.
5-1
Ordinance No. 2022-12: LCP Amendment Related to
Tattoo Establishments (PA2020-030)
May 10, 2022
Page 2
On November 30, 2021, the City Council adopted Resolution No. 2021-127, authorizing
submittal of LCP Amendment No. LC2020-002 to the California Coastal Commission
(CCC) for review and approval. The resolution specified LCP Amendment No. LC2020-
002 shall not become effective until approval by the CCC and adoption, including any
modifications suggested by the CCC, by resolution(s) and/or ordinance(s) of the City
Council.
On March 9, 2022, the CCC approved LCP Amendment No. LC2020-002 with no
modifications. As a result, the amendment is now considered deemed approved and
became a certified part the City of Newport Beach Local Coastal Program on March 9,
2022. This item is the final adoption of the ordinance amending Title 21 to approve LC2020-
002, as certified by the Coastal Commission.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to CEQA in accordance with Section
21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and
15378. While this amendment would allow tattoo establishments as an allowed 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 -
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. 2022-12
5-2
Attachment A
Ordinance No. 2022-12
5-3
ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE AND ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2020-002 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 for that portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("LCP") as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, which the City added
as Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the City of
Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal
development permit -issuing authority;
WHEREAS, both Title 20 (Planning and Zoning) ("Title 20") and Title 21 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 [CM] zone), and mixed-use
zones subject to approval of a minor use permit;
WHEREAS, on April 14, 2020, the City Council initiated LCP Amendment No.
LC2020-002 pursuant to City Council Resolution No. 2020-35;
5-4
Ordinance No. 2022 -
Page 2 of 6
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, drafts of LCP Amendment No. LC2020-002 were made available and a
Notice of the Availability was distributed a minimum of six weeks prior to the City
Council public hearing;
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 Chapters 20.62 and 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, at the hearing, the Planning Commission voted (7 ayes, 0 nays) to
continue the item to allow staff additional time to research and respond to the
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 Chapters 20.62 and 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, at the hearing, the Planning Commission adopted Resolution Nos.
PC2020-018 and PC2020-019 by a unanimous vote (5 ayes, 0 nays) recommending to
the City Council approval of Zoning Code Amendment No. CA2020-002 and LCP
Amendment No. LC2020-002;
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, Chapters 20.62 and 21.62 (Public Hearings) of the NBMC and 14
CCR Section 13515. Evidence, both written and oral, was presented to, and considered
by, the City Council at this public hearing;
5-5
Ordinance No. 2022 -
Page 3 of 6
WHEREAS, at the hearing, the City Council introduced Ordinance No. 2021-27
adopting Zoning Code Amendment No. CA2020-002 and Resolution No. 2021-127
authorizing submittal of LCP Amendment No. LC2020-002 to the California Coastal
Commission by a unanimous vote (7 ayes, 0 nays); and
WHEREAS, on March 9, 2022, the California Coastal Commission approved LCP
Amendment No. LC2020-002 (LCP-5-NPB-21-0084-3 Part B) with no modifications, as
a result, LCP Amendment No. LC2020-002 is now deemed approved and became a
certified part of Title 21.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Table 21.20-1 in Section 21.20.020(C) (Commercial Coastal Zoning
Districts Land Uses) of Chapter 21.20 (Commercial Coastal Zoning Districts (CC, CG,
CM, CN, CV, CV -LV, OG) of Title 21 of the Newport Beach Municipal Code is hereby
amended, in part to the "Tattoo Establishments" row as follows:
Section 2: The definition of "Personal Services (Land Use)" in Section
21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions)
of Title 21 of the Newport Beach Municipal Code is hereby amended to read as follows,
with all other provisions of Chapter 21.70 (Definitions) 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.
Wei
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.
Service Uses—General
Tattoo Establishments
—
A
—
-- —
—
A
Section 2: The definition of "Personal Services (Land Use)" in Section
21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions)
of Title 21 of the Newport Beach Municipal Code is hereby amended to read as follows,
with all other provisions of Chapter 21.70 (Definitions) 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.
Wei
Ordinance No. 2022 -
Page 4 of 6
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. 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 hereby added
to Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70
(Definitions) of Title 21 of the Newport Beach Municipal Code to read 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.
5-7
Ordinance No. 2022 -
Page 5 of 6
Section 4: The LCP and Title 21, including LCP Amendment No. LC2020-002,
shall be carried out in full conformance with the California Coastal Act.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: 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 7: The City Council finds LCP Amendment No. LC2020-002 is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b)(3), of Title 14, Division 6, Chapter 3 of the California Code of Regulations
("CEQA Guidelines"), the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. LCP Amendment No.
LC2020-002 would allow tattoo establishments as a permitted use within the City. LCP
Amendment No. LC2020-002 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 LCP.
Section 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 9: 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.
Ordinance No. 2022 -
Page 6 of 6
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of April, 2022, and adopted on the 10th day of
May, 2022, by the following vote, to -wit:
AYES.-
NAYS:
YES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
f C. .."
AA ON C. HARP, CITY ATTORNEY
FJ