HomeMy WebLinkAbout2021-27 - 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)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.
2 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.
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.
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: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council
Member Brenner, Council Member Dixon Council Member Duffield
Council Member O'Neill
NAYS:
ABSENT:
BRA RY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
CPC -t-',
AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A — Zoning Code Amendment No. CA2020-02
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:
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
See Chapter 20.12 for unlisted uses.
Regulations
See Chapter 20.12 for unlisted uses.
Regulations
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:
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:
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."
Exhibit A
Page 4of4
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.
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; that the foregoing ordinance, being Ordinance
No. 2021-27 was duly introduced on the 30th day of November, 2021, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 141h day of December, 2021, and that 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 15th day of December, 2021.
r
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2021-27 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: December 4, 2021
Adopted Ordinance: December 18, 2021
f�
In witness whereof, I have hereunto subscribed my name this ! day of 202
ity Clerk
ity of Newport Beach