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Home My WebLink About01_English Tattoo Company MUP_PA2014-115 wP COMMUNITY DEVELOPMENT DEPARTMENT H PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 r9LIFOK P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 25, 2014 Agenda Item No. # 1 SUBJECT: English Tattoo Company - (PA2014-115) 6000 W. Coast Highway, Unit E ■ Minor Use Permit No. UP2014-029 APPLICANT: Jason Peter Kirtley PLANNER: Debbie Drasler, Project Planner (949) 644-3206, ddrasler@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: CV (Commercial Visitor-Serving) • General Plan: CV (Visitor Serving Commercial) PROJECT SUMMARY A minor use permit to allow the operation of a tattoo service business within a 425- square-foot tenant space (Personal Services, Restricted use). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2014-029 (Attachment No. ZA 1). DISCUSSION • The subject property consists of a 2,125-square-foot commercial building located at the corner of West Coast Highway and 60th Street. The single-story commercial building is comprised of five tenant spaces, which are currently occupied by Newport Velo Bike Rentals & Sales, Newport Beach Smoke House, Vapor Tavern, Surfari Surf Shop, and the proposed, English Tattoo Company. �� QP �� P P�" O� �� \�� English Tattoo Company MUP Zoning Administrator, September 24, 2014 Page 2 • The property is within the CV (Commercial Visitor-Serving) Zoning District which is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Tattoo services are defined as a Personal Services, Restricted use. A minor use permit is required to establish a Personal Services, Restricted use in this district. • English Tattoo Company has been operating at this facility since 2011 under a valid City business license but without the benefit of a minor use permit. After receiving notification that a minor use permit is required to operate, the applicant submitted this minor use permit application requesting formal approval for the operation of the business. • English Tattoo Company maintains three workstations and operates mostly by appointments with very limited "walk-in" service. The requested hours of operation are between 10:00 a.m. and 10:00 p.m., daily. • The use is a service use that is complementary to the other uses in the commercial building. Its operating characteristics are similar to other service uses that are permitted by right such as barber and beauty shops. • There are three open tattoo service uses within the City: one in Newport Shores and two on the Balboa Peninsula. The nearest similar use is Balboa Tattoo located approximately 1,600 feet north and the second nearest use is Newport Tattoo located approximately 1.4 miles south; therefore, staff believes the approval would not create an overconcentration of tattoo service uses within the area. • Tattoo studio operators are required to register with the Orange County Health Department and are regulated by the California Safe Body Art Act, which was enacted July 1, 2012, to ensure safe operating procedures are practiced. English Tattoo Company has been compliant with Orange County Health Care Agency inspections and regulations since beginning its operation. • Pursuant to Chapter 20.40 (Off-Street Parking), the proposed personal restricted land use requires one parking space per 250 gross square feet. A total of nine parking spaces are required for all uses at the site and a total of ten parking spaces are provided. No additional parking is required. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Class 1 (Existing Facilities). Tmplt:04-17-14 English Tattoo Company MUP Zoning Administrator, September 24, 2014 Page 3 This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project does not involve any alterations to the interior floor plan or expansion in use. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: 0, " Debbie Drasler, Contract Planner J M/dad Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Letters of Recommendation ZA 4 Site Photos ZA 5 Project Plans Tmplt:04-17-14 1 Attachment No. ZA 2 Vicinity Map �� QP �� P P�" O� �� \�� VICINITY MAP Subject Site 10 / y� f sv,\ 6Ooo � 1p ` Pit , A o JI�� yO o,O ,c t O Minor Use Permit No. UP2014-029 PA2014-115 6000 W. Coast Highway �� QP �� P P�" O� �� \�� Attachment No. ZA 1 Draft Resolution �� QP �� P P�" O� �� \�� RESOLUTION NO. ZA2014-XXX A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2014-029 FOR A TATTOO SERVICE BUSINESS (PERSONAL SERVICES, RESTRICTED USE) LOCATED AT 6000 WEST COAST HIGHWAY, UNIT E (PA2014-115) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jason Peter Kirtley on behalf of the property owner David Jalali, with respect to property located at 6000 West Coast Highway, Unit E, and legally described as Lot 16 and 17, Block 160 of Tract 670 requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow the operation of a tattoo service business within a 425-square-foot tenant space (Personal Services, Restricted use). 3. The subject property is located within the CV (Commercial Visitor-Serving) Zoning District and the General Plan Land Use Element category is CV (Visitor Serving Commercial). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CV-A (Visitor Serving Commercial). 5. A public hearing was held on September 25, 2014, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of an existing building where there is negligible or no expansion of use. 2. The project is a permit to allow the operation of a Personal Services, Restricted Use in an existing building whereby no improvements are proposed for the existing commercial tenant space. 1� Zoning Administrator Resolution No. ZA2014-XXX Page 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the Minor Use Permit 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 designation for the site is CV (Visitor Serving Commercial). The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. The proposed project is consistent with this land use designation as it will provide a service not only to visitors, but also to Newport Beach residents. 3. The proposed project is a tattoo service business (personal services, restricted use) to be located within an existing tenant space on the ground floor of an existing commercial building. 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 site is located within the Commercial Visitor-Serving (CV) Zoning District. This designation is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. The proposed personal services, restricted use is consistent with the land uses permitted within this zoning district and the conditions of approval will ensure that the use is compatible with the adjacent residential areas. 2. Within Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the Zoning Code, the CV District allows Personal Services, Restricted uses subject to the approval of a minor use permit. 3. Personal Services, Restricted uses have a required parking ratio of one space per 250 square feet of gross floor area. A total of nine parking spaces are required for the subject site based on the current and proposed mix of tenant uses. The property provides 10 parking spaces on-site; which is adequate to Tmplt: 05/16/2012 12 Zoning Administrator Resolution No. ZA2014-XXX Page 3 of 6 accommodate the parking requirement of one space per 250 square feet of gross building area. 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 tattoo service business use is located within an existing 425-square-foot tenant space. No increase in floor area and no interior improvements are proposed. 2. The proposed operation will consist of three workstations. Three tattoo artists registered and licensed by the Orange County Health Department will provide the body art services. One primary artist with two minor independent contractors will operate with differing schedules mostly by appointments with very limited "walk-in" services. No designated receptionist will be provided. The hours of operation will be 10:00 a.m. to 10:00 p.m. daily. 3. The proposed tattoo studio use is a service use that will be complementary to the other uses in the commercial building, which include Newport Velo Bike Rentals & Sales, Newport Beach Smoke House, Vapor Tavern, and Surfari Surf Shop. Its operating characteristics are similar to other service uses such as barber and beauty shops. 4. The proposed tattoo service business will provide a service for residents of the neighborhood and visitors to the area and will not require the provision of additional parking spaces on site. 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 has demonstrated that it is physically suitable to support the existing development. The addition of a tattoo service business use within an existing commercial building will not alter the site's ability to provide public and emergency vehicle access and public services and utilities. 2. The proposed project will be located in a tenant space within an existing commercial building and will not involve any improvements of the space. The Tmplt: 05/16/2012 is Zoning Administrator Resolution No. ZA2014-XXX Page 4 of 6 design, size, location, and operating characteristics of the use are compatible with the existing uses on the site and within the surrounding area. 3. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and did not have any concerns regarding access, public services, or utilities provided to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and this approval includes conditions to establish the permitted hours of operation and the maximum number of tattoo artists allowed to operate on site at any one time. These conditions will ensure that the proposed personal service, restricted use will be compatible with the uses on site and within the surrounding neighborhood. 2. Tattoo studio operators are required to register with the Orange County Health Department and are regulated by the California Safe Body Art Act, which was enacted July 1, 2012, to ensure safe operating procedures are practiced. English Tattoo Company has been compliant with Orange County Health Care Agency inspections and regulations since beginning its operation. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-029, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal 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 25TH DAY OF September, 2014. Brenda Wisneski, AICP, Zoning Administrator Tmplt: 05/16/2012 Z� Zoning Administrator Resolution No. ZA2014-XXX Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The hours of operation for the tattoo service business shall be 10:00 a.m. to 10:00 p.m., daily. 3. The number of tattoo artists operating at one time shall be limited to three, and each artist shall be registered and licensed with the Orange County Health Department. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is determine that the proposed use 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. 7. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 8. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 9. 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. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit or the processing of a new use permit. 11. 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. Tmplt: 05/16/2012 15 Zoning Administrator Resolution No. ZA2014-XXX Page 6 of 6 The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 12. 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. 13. 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. 14. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 15. 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 the English Tattoo Company MUP including, but not limited to, the Minor Use Permit No. UP2014-029 (PA2014-115). 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. Tmplt:05/16/2012 10 Attachment No. ZA 3 Letters of Recommendation 17 �� QP �� P P�" O� �� \�� Thursday, March 13, 2014 To Whom It May Concern, I am one of the resident managers of the hotel at 6030 W. Pacific Coast Hwy in Newport Beach. I am writing this letter to inform you of the positive benefits English Tattoo Company has brought to our operation. The guests that stay with us, come to Newport Beach from all over the Country and from all over the world. On a daily basis, many of our guests ask for my recommendations and advice on restaurants, points of interest, and other tourist-related services. Once in.. a while, some of our guests seek a "permanent souvenir" of their stay in sunny Southern California, and it has been any pleasure to be able to recommend English Tattoo Company to those .guests. This recommendation is offered not just as a location convenience for them, but mainly due to the positive feedback I have.received from previous guests. Likewise, there have been guests that have stayed in our hotel because of a reference from someone at English Tattoo Company. Our business relationship has been mutually beneficial and I wholeheartedly recommend that the business be approved to continue to operate in our tourist-oriented location. On a personal note I would also like to add that Mr. Kirtley, the owner of English Tattoo Company, has helped me numerous times in being a good neighbor by looking out for the safety and goodwill of our property, and my home. Res f . ally, Crystal Rigby �� QP �� P P�" O� �� \�� r; { To: City of Newport Beach Planning Department My understanding is that the owner of English Tattoo Company,Jason Kirtley,AKA "English" is applying to the city of Newport Beach to obtain a Use Permit to conduct business at his current location. I would like to take this opportunity to offer my personal assessment of Mr. I<irtley for your consideration. I have known Jason for many years, both personally and professionally as he has completed a few body . art/tattoo pieces for me. I know him to be a person of good moral character and in good standing within the community. He has always shown a high level of professionalism in his work. In addition, I have had opportunities to interact with him on a social and personal level and can attest that his demeanor and integrity remain consistent and respectable. Furthermore, I know him to be a very dedicated husband to his wife of 13 years, and father to their three children. I believe Jason and his business would prove to be an asset to the community. Please call me if I can be of further assistance. Sincerely, Detg.� cott Ivatore LosAngeles` unty Sheriff's Department Cell phone (714)809-5549 �� QP �� P P�" O� �� \�� f2201; East WinstoRoad Anaheim a Callf• • 928,06 BAT S Ph: (714) i0!• E . ® . M . S . LLC Fx: (714) 999-6717 Cusiness License:#01 79179 To Whom it may concern: BATS CLEANING SERVICES INC. has been doing janitorial service for Jason Kirtley (English Tattoo Company) at 6000 PCH Newport Beach, Ca. for the past forty eight months on a monthly basis contract. Regular and deep cleaning service is provided twice a week at the above location. Jason Kirtley is a responsible customer, always on time with no delay on service payments. BATS CLEANING SERVICES INC. appreciates customers like English Tattoo Company for always paying on time and thinking about his customers' well being by keeping his business well maintained and sanitary. BATS CLEANING SERVICES INC. has been in business for over fifteen years, servicing both grade A and B buildings and also the community(churches). If you have any questions please feel free to contact the office at(714)981-5245 or email leogonzalez540a yahoo.com (CEO). Leo Go alez(CE ) 2� �� QP �� P P�" O� �� \�� Attachment No. ZA 4 Site Photos 25 �� QP �� P P�" O� �� \�� - I'`". � , . �' -`�� .: - � � � L� . . � - - �- -� 1 N 1 r A _ � �`� '�' . K. ., .��. I �� .�� .. Q a_ i J � � �: U U .. Cl] "�, t ��, �. a*lk1 �r 1 wit r PAWN z,P4J r' ~ ^ ` ry 11"f.meq"-vim{ SMOKE suP & SHOP SURF RENTALS SURF LESSONS � SUBPAR/ , �SL/RFAR/ SURF TOURS � (949)610-6692 s Y r 1 tr droved a�T! t �� QP �� P P�" O� �� \�� Attachment No. ZA 5 Project Plans 31 �� QP �� P P�" O� �� \�� Attachment No. ZA 5 - Project Plans a 1, AI- 4 I I v I � I G V i a rI � I � I IJ v_ - ----- ❑adv - � — ------- - - -- - N 1- N 3 4- to --- — - in m .= U 0 0 0 co CL co Attachment No. ZA 5 - Project Plans S LL 00000 ILs v i c � � TI (O ' a � o � U C:) o o C) IL T a C)