HomeMy WebLinkAboutZA2013-003 Approved Ink Yard Tattoo Studio MUP-2233 W Balboa BlvdRESOLUTION NO. ZA2013 -003
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
UP2012 -028 FOR A TATTOO STUDIO (PERSONAL SERVICE,
RESTRICTED USE) LOCATED AT 2233 WEST BALBOA
BOULEVARD, SUITE 106 (PA2012 -159)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Aaron Burrows on behalf of Emilio Flores, with respect to
property located at 2233 West Balboa Boulevard, Suite 106, and legally described as Lot
9, 10, 11, 12, 13, 14 and 15, in Block 22 of Newport Beach, as shown on map recorded
in Book 3, Page 26, Miscellaneous Maps, Records of said Orange County requesting
approval of a Minor Use Permit.
2. The applicant proposes to convert an 890 - square -foot, currently vacant retail tenant
space to a tattoo studio (personal service, restricted use).
3. The subject property is located within the MU -W2 (Mixed -Use Water Related) Zoning
District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU -W (Mixed -Use Water Related)
5. A public hearing was held on January 10, 2013 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. 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 under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. The project is a change of use in an existing building whereby no improvements are
proposed for the existing commercial tenant space and the proposed use has an equal
intensity to the previous retail or office use.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a 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 MU -W2 (Mixed -Use Water -
Related), which applies to properties on or near the waterfront in which marine -
related uses may be intermixed with general commercial, visitor - serving
commercial and residential dwelling units on the upper floors.
2. The proposed personal service, restricted use is consistent with the General Plan
Mixed -Use Water Related (MU -W2) land use designation as it is intended to
provide a service not only to visitors, but also to residents within the immediate
area.
3. The proposed project is a tattoo studio (personal service, restricted use) to be
located within a vacant tenant space on the ground floor of an existing mixed -use
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 Mixed -Use Water Related (MU -W2) Zoning District
of the Newport Beach Zoning Code. The intent of this district is to provide for
areas appropriate for a limited range of retail and service uses developed in one
or more distinct centers oriented to serve primarily the needs of and maintain
compatibility with residential uses in the immediate area. The proposed
personal service, 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. Pursuant to Section 20.22.020 (Table 2 -9 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit.
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3. Pursuant to Section 20.38.060 (Nonconforming Parking), a nonconforming use
in a nonresidential zoning district may be changed to a new use allowed in that
zoning district without providing additional parking, provided no intensification or
enlargement (e.g., increase in floor area, or lot area) occurs, and the new use
requires a parking rate of no more than one space per 250 square feet of gross
building area. Personal Service, Restricted uses have a required parking ratio
of one space per 250 square feet of gross floor area.
4. The proposed project complies with the requirements of Section 20.38.060
(Nonconforming Parking) because the square footage of the existing suite will
not be increased; the tattoo studio use requires the same number of parking
spaces required for the currently vacant retail space (890/250 = 4 spaces).
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. Although the proposed project involves no tenant improvements, furniture and
equipment will be placed within an existing vacant retail space to operate the
service use. The six existing parking spaces on site will be maintained.
2. The proposed operation will consist of a waiting area, an open tattooing area,
and a private tattooing room. Four tattoo artists registered and licensed by the
Orange County Health Department will provide the body art services. Each
individual artist will schedule his or her client appointments and greet walk -in
clients. No designated receptionist will be provided. A maximum of four tattoo
artists will be present at any one time. The hours of operation will be 10:00 a.m.
to 11:00 p.m. Monday- Saturday and 10:00 a.m. to 10:00 p.m. Sunday.
3. The proposed tattoo studio use is a service use that will be complementary to
the other uses in the commercial building, which include retail stores and an
eating and drinking establishment (Tutti Frutti Frozen Yogurt). Its operating
characteristics are similar to other service uses such as barber and beauty
shops, and tanning salons.
4. The proposed tattoo studio 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 the site.
5. The proposed tattoo studio use will be located within an existing commercial
floor of a mixed -use building on a site located at the corner of West Balboa
Boulevard and 23rd Street on the Balboa Peninsula. It will serve clients by
appointment and walk -in customers. Due to its corner location, opportunities for
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on- street parking will be available along West Balboa Boulevard and 23`d Street
in addition to the parking spaces provided on the site. Furthermore, its close
proximity to the boardwalk is anticipated to yield walking and biking customers.
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 proposed project will be located in a tenant space within an existing
commercial floor of a mixed -use building and will not involve any improvements
of the space. The design, size, location, and operating characteristics of the use
are compatible with the existing uses on the site and within the surrounding
area.
2. Adequate public and emergency vehicle access, public services, and utilities
are provided on -site and are accessed from 23' Street, West Ocean Front
Alley, or the alley at the rear of the site.
3. Although no tenant improvements are proposed to accommodate the change of
use, the project is required to comply with all Building, Public Works, and Fire
Codes.
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. The proposed tattoo studio use will help revitalize the project site and provide
an economic opportunity for the property owner while providing additional
services to the residents and visitors in the surrounding area.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012 -028 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 fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY, 2013.
, Zoning Administrator
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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 studio shall be 10:00 a.m. to 11:00 p.m., Monday
through Saturday, and 10:00 a.m. to 10:00 p.m. on Sunday.
3. The number of tattoo artists operating at one time shall be limited to four, and each
artist shall be registered and licensed with the Orange County Health Department.
4. Use Permit No. UP2012 -028 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 project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. 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.
7. This Use Permit may be modified or revoked by the Zoning Administrator should they
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.
8. All proposed signs shall be in conformance with the provisions of Chapter 20.42
(Signs) of the Newport Beach Municipal Code.
9. 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.
10. 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.
11. 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,
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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 Ink Yard Tattoo Studio including, but not limited to
Minor Use Permit No. UP2012 -028. 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.
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