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HomeMy WebLinkAboutPA2023-0007_20230330_Resolution_ZA2023-021Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 30, 2023 Rainbow Inc. 939 Westranch Place Simi Valley, CA 93065 Subject: Minor Use Permit (PA2023-0007) 3810 East Coast Highway Rainbow Inc. Body Piercings Dear Mr. Kusada, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on March 30, 2023 and effective on April 14, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, ____________________________ Jenny Tran, Assistant Planner LAW/jt cc: Kuish Collection, LLC Brad Kuish 3800 E Coast Hwy Corona Del Mar, CA 92625 Capital RE Group Attn: Bruce Kusada 455 31st Street Hermosa Beach, CA 90254 RESOLUTION NO. ZA2023-021 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A BODY PIERCING STUDIO (PERSONAL SERVICES, RESTRICTED LAND USE) IN CONJUNTION WITH A JEWELRY RETAIL STORE LOCATED AT 3810 EAST COAST HIGHWAY (PA2023-0007) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bruce Kusada of Capital RE Group on behalf of Danny Quintana and Rojelio Rodriguez of Rainbow Inc. with respect to property located at 3810 East Coast Highway, and legally described as Lots 50 and 51 of Block B of Tract No. 673, requesting approval of a minor use permit. 2. The applicant requests a minor use permit to operate a body piercing studio (Personal Services, Restricted land use) in conjunction with a jewelry retail store. The project involves the occupancy of an approximately 395-square-foot commercial suite with one (1) chair and one (1) employee for the body piercings that will be performed in a separate closed room. The hours of operation are 10:00 am to 8:30 pm, daily. No construction is proposed. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 30, 2023, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project includes the operation of a body piercing studio and no construction is proposed within the existing tenant space. Zoning Administrator Resolution No. ZA2023-021 Page 2 of 8 10-18-21 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan Land Use category for this property is CC (Corridor Commercial), which is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 2. The proposed jewelry retail store and body piercing studio is a retail and personal service use that is consistent with the land uses permitted within this land use designation. The use is intended to serve nearby residents of Corona del Mar as well as visitors to the city. 3. The proposed jewelry retail store and body piercing studio is in an existing commercial building with a variety of commercial uses. While the tenant space is adjacent to residential neighborhoods, the building is oriented towards East Coast Highway where the properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District. 4. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The jewelry retail store is a permitted use in the CC (Commercial Corridor) Zoning District. The body piercing studio (Personal Services, Restricted) is permitted with the approval of a minor use permit. A minor use permit is required as the restricted uses may tend to have a blighting and/or deteriorating effect upon surrounding areas and may need to be dispersed from other similar uses to minimize adverse impacts. 2. A tanning salon (Personal Services, Restricted) is located approximately 315-feet from the proposed body piercing studio. The surrounding commercial uses are primarily retail, food service, beauty shops, and other commercial uses not classified as Personal Services, Restricted. Although not a Personal Services, Restricted land use, the nearest massage business is located approximately 580-feet from the property. Therefore, the use is dispersed from similar uses that may create adverse impacts. Zoning Administrator Resolution No. ZA2023-021 Page 3 of 8 10-18-21 3. The project site is nonconforming because it does not provide the required number of parking spaces. However, Section 20.38.06.B of the NBMC indicates that a use may be changed to a new use without providing additional parking provided no intensification or enlargement occurs and the new use requires a parking rate of no more than one (1) space per 250-square-feet of gross building area. The previous uses were professional office and retail sales which require a parking rate of one (1) space per 250-square-feet and the proposed retail and personal services use requires a parking rate of one (1) space per 250- square-feet. Additionally, no enlargement of the space is proposed. Therefore, the project would not result in an intensification that requires additional parking pursuant to Section 20.38.060(B). Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed jewelry retail store and body piercing studio is located within an existing tenant space that is compatible with the surrounding uses including retail commercial uses. 2. The existing commercial building is oriented towards East Coast Highway and facing away from the adjacent residential neighborhoods. The surrounding properties fronting East Coast Highway are also in the CC (Commercial Corridor) Zoning District to provide a range of commercial uses to serve nearby residential neighborhoods. The nearest residential dwelling is approximately 65 feet from the subject building and separated by a parking lot. 3. The hours of operations will be between 10 a.m. to 8:30 p.m., daily with no walk-ins or appointments after 8:00 p.m. The project does not propose late hours (past 11 p.m.) which will minimize any disturbance to residences nearby the property. Finding: D. 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. Facts in Support of Finding: 1. The project site is located on East Coast Highway between Poppy Avenue and Hazel Drive, which is a busy commercial corridor with heavy vehicular traffic and pedestrian activity. The parking lot is located at the rear of the property and is conveniently located for patrons and employees. Vehicular access to the parking lot is available via an alley in the rear of the property that is accessible from both Poppy Avenue and Hazel Drive. The proposed jewelry retail store and body piercing studio is not expected to result in increased vehicular and pedestrian traffic that would negatively impact access. Zoning Administrator Resolution No. ZA2023-021 Page 4 of 8 10-18-21 2. The proposed use will occupy an existing tenant space in an existing commercial building serviced by all necessary utilities. No construction is proposed as part of this project. The design, location, shape, size, and operating characteristics of the use are compatible with the existing retail, personal services, personal improvement establishment (martial arts studio) uses on the site and within the surrounding areas. 3. The Life Safety Services Division (Fire Department) has reviewed the project to ensure adequate public and emergency vehicle access is provided and does not have any concerns with the proposed use. Finding: E. 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. Facts in Support of Finding: 1. The proposed jewelry and retail store and body piercing studio has been reviewed and this resolution includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The business operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The proposed use has been conditioned with typical daytime and evening hours of operation that will minimize any detriment to the surrounding area. Condition of Approval No. 5 limits walk-ins and appointments to no later than 8:00 p.m. (daily) to ensure that the business is closed by 8:30 p.m. 3. The applicant 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 business engaged in body piercing. Staff performing body piercings shall be registered and licensed with the Orange County Health Department and said license shall be made available upon request of the City’s Code Enforcement Division at any time. 4. The proposed use does not include late hours (past 11 p.m.) or alcohol service. The use does not increase the parking requirement and no construction is proposed within the existing tenant space. Based on these facts, the proposed use will not result in a detriment to the existing retail, service, and residential uses of the surrounding area. Zoning Administrator Resolution No. ZA2023-021 Page 5 of 8 10-18-21 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MARCH 2023. Zoning Administrator Resolution No. ZA2023-021 Page 6 of 8 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This use permit, as part of PA2023-0007, shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. The hours of operation shall be between 10 a.m. and 8:30 p.m., daily. No walk-ins or appointments shall be accepted after 8 p.m., daily. 6. No alcohol shall be served or offered on-site. 7. All body piercing services shall be conducted within an enclosed room to ensure privacy from patrons of the establishment and to not be visible to the exterior of the business. 8. Windows within the piercing room shall be affixed with both a privacy window film and opaque curtains. Curtains shall remain closed during all hours of operations. 9. Each operator of the body piercing services 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. 10. Each operator of the body piercing service shall be registered and licensed with the Orange County Health Department and said license shall be made available upon request of the City’s Code Enforcement Division at any time. 11. The facility shall be maintained in a safe and sanitary condition. 12. This use permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Zoning Administrator Resolution No. ZA2023-021 Page 7 of 8 10-18-21 13. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review and approval of the Planning Division. Depending on the nature of the request, an amendment to this minor use permit or the processing of a new use permit. 14. If construction or alterations are proposed that would require a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 15. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 16. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 19. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 20. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Zoning Administrator Resolution No. ZA2023-021 Page 8 of 8 10-18-21 22. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 24. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 25. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Rainbow Inc. Body Piercings including, but not limited to, Minor Use Permit (PA2023-0007). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.