10-18-2011 - Code Amendment No. 11-04Tattooing - Item 3.pdfPrpa?&I1ir Margaret Garcia
Deputy Clerk
City of West Covina
Memorandum
AGENDA
ITEM NO. 3 TO: Andrew G. Pasmant, City Manager
and City Council DATE: October 18, 2011
FROM: Susan Rush
Assistant City Clerk
SUBJECT: ORDINANCE FOR ADOPTION
CODE AMENDMENT NO. 11-04
TATTOOING
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO
PERMANENT MAKEUP AND BODY PIERCING AND ESTABLISHING
STANDARDS FOR TATTOOING USES
DISCUSSION:
This ordinance was introduced at the Joint Council/CDC Meeting of October 4, 2011. This
ordinance will allow tattooing in the City and establish standards for the operation of a tattooing
business.
At that meeting, the City Council requested that the proposed code amendment be revised to
eliminate the S-C Zone from the zones that tattooing uses would be allowed in and require a
minimum 1,000 square foot floor area for tattooing businesses. The attached code amendment
allows tattooing in the R-C and M-1 zones.
The ordinance will become effective 30 days after its adoption on November 17, 2011.
Approved by usan Rush
Assistant City Clerk
Attachment: 1. Ordinance
2. October 4, 2011 Staff Report Item #11
ATTACHMENT NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO PERMANENT
MAKEUP AND BODY PIERCING AND ESTABLISHING STANDARDS
FOR TATTOOING USES
WHEREAS, on the 22nd day of March, 2011, the Planning Commission initiated a code
amendment to consider allowing tattoo uses in the City; and
WHEREAS, the Planning Commission held a study session on the 14th day of June, 2011, to
discuss potential revisions to the code; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 26 th day
of July, 2011, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 26th day
of July, 2011, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 11-5434 recommending to the City Council
approval of Code Amendment No. 11-04; and •
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 20th day of September, 2011; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
In September 2010, a three-judge panel of the U.S. 9 th Circuit Court of Appeals
determined that a prohibition on tattooing was "facially unconstitutional" in a court case
involving the City of Hermosa Beach. The Court of Appeals found that tattooing was
protected by the 1 st Amendment (freedom of speech).
2. The West Covina Municipal Code does not allow tattooing.
The permanent makeup and body piercing standards in the Municipal Code need to be
revised to address the adoption of standards for tattooing.
Tattooing uses could have a detrimental effect on impressionable children and minors.
Therefore standards have been developed to require separation between tattooing uses
and uses frequented by children and minors.
The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO. 1: Based on the evidence presented and the fmdings set forth, Code
Amendment No. 11-04 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. 11-04 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A", attached hereto
and incorporated herein by reference.
Ordinance No.
Page 2
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and
shall be published as required by law.
APPROVED AND ADOPTED on this 18th day of October 2011.
Mayor Steve Herfert
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 4 th day of October, 2011. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18 th day
of October, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
Ordinance No.
Page 3
Exhibit "A"
CHAPTER 26 ZONING
SECTION 1. Section 26-63 of Article II of Chapter 26 of the West Covina Municipal Code,
regarding definitions, is amended to read as follows:
Section 26-63. Definitions
Tattooing The business of inserting pigment under the surface of the skin by pricking with a
needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This
definition is not intended to apply to any act of a licensed practitioner of the healing arts
performed in the course of his practice. Tattooing does not include application of permanent
makeup that is performed as an incidental service in a beauty shop. No person shall manage,
conduct, carry on, or participate in, directly or indirectly, the business of tattooing. This
prohibition is declaratory of existing code provisions. This definition is not intended to apply to
the application of permanent make up.
SECTION 2. Section 26-597 of Division 3 of Article X of Chapter 26 of the West Covina
Municipal Code, regarding service, trade, cultural, public and private uses (except industrial or
manufacturing), is amended to read as follows:
Section. 26-597. Service, trade, cultural, public and private uses (except industrial or
manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one or more of
the following purposes. All such uses shall be within an enclosed building unless specifically
stated otherwise.
Uses specifically noted as "(Outdoor Display)": Outdoor display and sales uses are allowed
providing all functions other than display are at all times conducted within an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
a Indicates stated use is allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
Ordinance No.
Page 4
RA R1 MF
8
MF
15
MF
20
MF
45
OP NC RC SC C2 C3 M1 IP PB OS
Tailor shops x x xxx —
Tanning salon x x xxxx
Tattooing (see art. c c
XII, div. 24)
Tattooing (see art. c c
XII, div. 24) with
accessory
permanent makeup
and/or body
piercing use
Taxidermist x x x —
Theaters, open air c c c ccc c — x c
Theaters (not open
air)
c c c —
Trailers, (temporary
only) in conjunction
with a school,
hospital, church or
other similar
institutional use (not
permitted with
commercial uses)
plIpp 10 13 —
Truck rental
accessory, not in
conjunction with
automobile
dealership (outdoor
display)
c c x
Tutoring facility c c ccc c
(Code 1960, sr 11001; Ord. No. 1333, § 1, 4-25-77; Ord No. 1392, sr 2, 8-14-78; Ord.
No. 1418
Ordinance No.
Page 5
SECTION 3. Division 22 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding permanent makeup, is amended to read as follows:
DIVISION 22. PERMANENT MAKEUP
Sec. 26-685.6300. Purpose
This division sets forth a uniform set of standards for the application of permanent make-
up. The application of permanent makeup shall be allowed in conjunction only with a beauty
shop or tattooing use. Only permanent make-up uses shall supply permanent make-up services
to the general public.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6400. Definition.
Permanent make-up. The business of inserting pigment under the surface of the skin in
the facial area by pricking with a needle or otherwise, so as to produce an indelible mark or
figures visible through the skin. The application of permanent make-up is intended to principally
consist of, but is not necessarily limited to, the application of permanent eyeliner, eyebrows, lip
liner, lip color, and beauty marks.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6500. Permit required.
An administrative review and approval by the planning director shall be obtained prior to
establishing and operating permanent make-up use as an accessory use to a beauty shop in the N-
C, R-C, S-C, C-2, C-3, and M-1 zones.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6600. Permanent make-up regulations.
The application of permanent make-up shall be subject to and comply with the following
standards and regulations.
(a) Permanent make-up uses may be established and operated only in the zones
specified in Section 26-597.
(b) Permanent make-up uses may only be established as an accessory use to a beauty
shop or tattooing use.
(c) An administrative review and approval by the planning director shall be obtained
prior to establishing a permanent make-up use (as specified in section 25 685.65
26-296.1400)
(d) The permanent make-up use shall comply with the Los Angeles County Code
Department Regulations Body Art Title 11 — Health and Safety Code Division 1 —
Health Code, Chapter 11.36— Body Art Establishments and Environmental
Health Regulations Part 1 Public Health Chapter 36 Body Art Regulations as
adopted July 1999 or as may be amended in the future.
(e) The person conducting the service of permanent make-up application shall be a
licensed cosmetologist.
by the planning director under the provisio
Covina Municipal Code.
Ordinance No.
Page 6
(f g) A business blicensec, and permits as required by Section 14 117 Chapter 14 of
the West Covina Municipal Code shall be obtained prior to the start of the
operation use.
(h)
article V of Chapter 14 of the Wcst Covina Municipal Code.
(g 4) The planning director may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
SECTION 4. Division 23 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding body piercing use, is amended to read as follows:
Sec. 26-685.6700. Purpose.
This division sets forth a uniform set of standards for the practice of body piercing. The
practice of body piercing shall be allowed in conjunction only with a beauty shop or jewelry store
use. Only body piercing uses shall supply body piercing services to the general public. Medical
practitioners licensed by the State of California under the Business and Professions Code Chapter 5
(commencing with Section 2000 of Division 2) who utilize body art activities as part of patient
treatment are exempt from the registration and permitting requirements of this division.
(Ord. No. 2103, § 3, 7-1-03)
Sec. 26-685.6800. - Permit required.
An administrative review and approval by the planning director shall be obtained prior to
establishing and operating a body piercing use as an accessory use to a beauty shop or jewelry
store in the R-C, C-3, or M-1 zones.
(Ord. No. 2103, § 3, 7-1-03)
Sec. 26-685.6900. - Body piercing regulations.
(a) Requirements. The practice of body piercing shall be subject to and comply with
the following standards and regulations:
(1) Body piercing uses may only be established as an accessory use to a
beauty shop or jewelry store in the R-C, C-3, or M-1 zones or a tattooing
use in the R-C or M-1 zones and shall occupy no more than ten (10)
percent of the gross floor area of the primary business.
(2) Body piercing uses may only be established in permitted businesses with a
minimum of one thousand two hundred (1,200) square feet of gross floor
area.
(3) An administrative review and approval by the planning director shall be
obtained prior to establishing a body piercing use (as specified in Section
26 685.65 26-296.1400).
(4) The body piercing use shall comply with the Los Angeles County Code
Department Regulations Body Art Title 11-Health and Safety Code
Division 1 — Health Code Chapter 11.36-Body Art Establishments and
Environmental Health Regulations Part 1 Public Health Chapter 36 Body
Art Regulations as adopted July 1999 or as may be amended in the future.
(5) The administrative review and approval may be revoked, amended or
of the West Covina Municipal Code.
(5 6) A business blicenses and permits as required by section 14 117 Chapter
14 of the West Covina Municipal Code shall be obtained prior to the start
of the operation of the use.
Ordinance No.
Page 7
(7) The use shall be conducted in compliance with all applicable requirements
of article V of chapter 11 of the West Covina Municipal Code.
(6 8) The planning director may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
(b) Exemptions. The following exemptions shall apply:
(1) Existing beauty shops and jewelry shops performing body piercing as an
accessory use to the main business, prior to August 21, 2003, may be
allowed to continue the accessory use under the following conditions:
(a) Application. An application to maintain an accessory body
piercing use must be submitted to the planning department by
January 31, 2004. Said application shall include the following:
(1) Sufficient information to verify to the satisfaction of the
planning director that the accessory body piercing use was
in place prior to and has been continuously functioning on
the property since the date of the adoption of this division.
Such information may include receipts or affidavits from
clientele
(2) A signed statement from the applicant stating that he/she will
or has applied to the Los Angeles County Health
Department for a body art establishment plan review and/or
body art technician registration to allow an accessory body
piercing use.
(3) A signed statement of understanding from the applicant stating
that he/she understands that the process has to be complete
with the city within six (6) months and Los Angeles County
in no more than one (1) year from the time of submittal.
(4) During the term between filing an application to maintain an
accessory use body piercing use and granting of necessary
permits, the use may continue to operate provided that any
and all body art technicians possess a valid registration
from the Los Angeles County Health Department. In the
event that no body art technicians possess such registration,
the body piercing use shall suspend operations until such
time as one or more body art technicians in the employment
of the use have completed such registration.
b. Review. The planning director shall review the submitted
application and render a decision within twenty (20) days. In
making the decision, the planning director shall consider the
impact of the accessory body piercing use on surrounding private
and public property.
c. Conditions of approval. The use is subject to the standards set
forth in section 26-685.6900 numbers 2 through 8-6.
SECTION 5. Division 24 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding tattooing, is added to read as follows:
DIVISION 24. TATTOOING
Sec. 26-685.7000. Purpose.
This division sets forth a uniform set of standards for the practice of tattooing.
Sec. 26-685.7100. Permit Required
Ordinance No.
Page 8
A conditional use permit shall be obtained prior to establishing and operating a
tattooing use in the R-C or M-1 Zones.
Sec. 26-685.7200. Tattooing Regulations
The practice of tattooing shall be subject to and comply with the following standards
and regulations:
(1) Tattooing uses may only be established in the "R-C" and "M-1" Zones.
(2) A conditional use permit shall be obtained prior to establishing a tattooing use
(as specified in Section 26-246).
(3) Tattooing uses may only be established in a tenant space with a minimum of one
thousand (1,000) square feet of gross floor area.
(4) Tattooing uses shall be located a minimum of three hundred (300) feet from a
residential zone or use, religious facility, pubic parks, or educational institution
which is utilized by minors.
(5) Tattooing uses shall be located more than one thousand five hundred (1,500) feet
from the perimeter of the tenant space of any other tattooing use.
(6) Tattooing uses shall not operate between the hours of 10:00 pm and 10:00 am.
gi_Temr_olAle_to .oAgim uses or events are not allowed by this section.
(8) The parking requirement for a tattooing use shall be consistent with standards
for sersonal service business. Access() r use tattooin . shall comil with the
parking requirements for the primary use.
(9) The tattooing use shall comply with the Los Angges County Code Title 11,
Chapter Art Establishments.
(10 A business license as re uired h Chaster 14 of the West Covina Municipal
Code shall be obtained prior to the start of the operation of the use.
(11)The Planning Commission may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
Code Amendment No. 11-04
Tattooing
October 4, 2011 - Page 2
Modify Permanent Makeup Standards
Revise the permanent makeup standards to allow it as an accessory to a tattooing use
(currently permanent makeup is allowed as an accessory use to a beauty shop only).
Additionally, remove outdated reference to revocation section of Code.
4. Modify Body Piercing Standards
Revise the body piercing standards to allow it as an accessory to a tattooing use (currently
body piercing is allowed as an accessory use to a beauty shop or jewelry store only).
Additionally, remove outdated reference to revocation section of Code.
Add Tattooing Standards in Article XII, Special Regulations for Unique Uses
Add a section that provides the process, allowed lecations, and regulations for tattooing.
Regulations include the following.
Allow tattooing with a conditional use permit in the R-C (Regional
Commercial), S-C (Service Commercial) and M-1 (Manufacturing) zones.
Require that tattooing businesses must be 300 feet from residential uses or
zones, religious facilities, public parks or educational institutions used by
minors.
ReqUire a separation between tattooing uses of 1,500 feet.
Prohibit operation of a tattooing use between 10:00 pm and 10:00 am.
Prohibit temporary use or mobile tattooing uses or events.
Define parking requirements for tattooing as personal service (1 parking
space for every 250 square feet of floor'area, same as retail).
Require tattooing uses to comply with standards of the Los Angeles County
for Body Art Establishments.
Require that a business licenses be obtained from the City prior to start of
operation.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission held a study session on June 14, 2011. At that study session the
Commission discussed the Hermosa Beach court case and adopted code standards,
information on process from other cities, and current standards in the City's Municipal
Code. A public hearing , was held by the Planning Commission on July 26, 2011. The
Commission discussed the proposed code standards and also discussed whether there
should be a numerical limit on the number of tattooing business licenses allowed. The
Planning Commission determined that the standards, including the minimum separation
between tattooing uses of 1,500 feet, would regulate the number of tattooing business that
could open. The Commission- voted 5-0 to recornmend approVal of the proposed code
amendment to the City Council.
FISCAL IMPACT:
The proposed Code Amendment would not have any direct fiscal impact to the General
Fund.
Prep if: Jeff Anderson
Acting Planning Director
Z:\Case Files\CODE AMEND\201 1\1 1-04 Tattooing\CC \Staff Reportcloc
ATTACHMENT 1
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO PERMANENT
MAKEUP AND BODY PIERCING AND ESTABLISHING STANDARDS
FOR TATTOOING USES.
WHEREAS, on the 22 1td day. of March, 2011, the Planning Commission initiated a code
amendment to consider allowing tattoo uses in the City; and
,
WHEREAS, the Planning Commission held a study session on the 14th day of June, 2011, to
discuss potential revisions to the code; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 26 th day
of July, 2011, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 26 th day
of July, 2011, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 11-5434 recommending to the City Council
approval of Code Amendment No. 11-04; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties . at a duly advertised public
hearing on the 20 th day of September, 2011; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
.-
1. In September 2010, a three-judge panel, of the .U.S.. 9 th Circuit . Court of Appeals
determined that a -prohibition on tattooing was "facially: unconstitutional'? in a court -case •
involving the City .of Hermosa Beach. The Court of Appeals found that tattooing was
protected by the 1 st Amendment .(freedom of speech)...
2. The West Covina Municipal: Code does not allow tattooing.
3. The permanent makeup and body piercing standards in the Municipal Code need to be
.
revised to address the adoption of standards for tattooing. •
. 4. Tattooing uses could have a detrimental effect on impressionable children and minors.
Therefore standards have been developed to require separation between tattooing uses
and uses frequented by children and minors.
5. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant ,effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth; Code
Amendment No. 11-04 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth; the City
Council of the City of West Covina apprOves Code Amendment No. 11-04 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown.: on Exhibit "A", attached hereto
and incorporated herein by reference.
APPROVED AS TO FORM:
Code Amendment No. 11-04
September 20, 2011 — Page 2
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 4: The City Clerk shall Certify to the passage Of this Ordinance and
shall be published as required by law. r,
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) „ _
CITY OF 'WEST COVINA )
-I, Laurie Carrico, City Clerk of the City of West Covina, do hereby 'certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first readiii at a
regular meeting of the City Council on the 20 th day. of September, 2011. That, thereafter, said
Ordinance was :duly adopted.and passed a a regular- .rneeting of the City Council on the day
of , 2011.
AYES:
NOES
ABSENT
City Attorney
ZACase Files\CODE AMEND\2011\11-04 Tattooing\CC\Ordinance.doc
Code Amendment No. 11-04
September 20, 2011 — Page 3
Exhibit "A"
CHAPTER 26 ZONING
Article II
Section 26-63. Definitions
Tattooing. The business of inserting pigment under the surface of the skin by pricking with a
needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This
definition is not intended to apply to any act of a licensed practitioner of the healing arts
performed in the course of his practice. Tattooing does not include application of permanent
makeup that is performed as an incidental service in a beauty shop. No person shall manage,
prohibition is declaratory of existing cede previsions. This definition is net intended to apply to
the application of permanent make up.
Article X
Section. 26-597. Service, trade, cultural, public and private uses
(except industrial or manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one or more of
the following purposes. All such uses shall be within an enclosed building unless specifically
stated otherwise.
Uses specifically noted as "(Outdoor Display)": Outdoor display and sales uses are allowed
providing all functions other than display are at all times conducted within an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
a Indicates stated use is allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
Z:\Case Files\CODE AMEND\2011\11-04 Tattooing\CC\Ordinance.doc
Code Amendment No. 11-04
September 20, 2011 — Page 4
RA RI. ME MF MF MF OP N,C RC SC C2 C3 M1 IP PB OS
8 15 20 45 I
f
Tailor shops
Tanning salon
Tattooing (see art.
XII, div. 24)
Tattooing (see art.
XII, ,div.
accessory ;
p ermanentanakeup,
ancito r, b o dy;
piercing use
Taxidermist
Theaters, open air ,
X X
X C
Theaters (not open --c
air)
Trailers, (temporary '1)
only) in conjunction
With a sChOcil,
hospital, Church or
other similar,
institirtionat ti:S.e (not
permitted with
commercial uses)
Truck rental
accessory, rio,t rin-i
conjunctionwih.
automobile
dealership (outdoor
display)
Tutoring faCility
; (COde 1960, sC 11001; Ord NO. sC 4 .4-2:5-f77,' ord. 1:3:0; 2,-8-14-78; Ord.
;No. 1418
Z:\Case Files\CODE AMEND\201 1\1 1-04 Tattooing\CC\Ordina0e.doc
Code Amendment No. 11-04
September 20, 2011 — Page 5
Article XII. Special Regulations for Unique Uses
DIVISION 22. PERMANENT MAKEUP
See. 26-685.6300. Purpose
This division sets forth a uniform set of standards for the application of permanent make-
up. The application of permanent makeup shall be allowed in conjunction only with a beauty
shop or tattooing use. Only permanent make-up uses shall supply permanent make-up services
to the general public.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6400, Definition.
Permanent make-up. The business of inserting pigment under the surface of the skin in
the facial area by pricking with a needle or otherwise, so as to produce an indelible mark or
figures visible through the skin. The application of permanent make-up is intended to principally
consist of, but is not necessarily limited to, the application of permanent eyeliner, eyebrows, lip
liner, lip color, and beauty marks.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
See. 26-685.6500. Permit required.
An administrative review and approval by the planning director shall be obtained prior to
establishing and operating permanent make-up use as an accessory use to a beauty shop in the N-
C, R-C, S-C, C-2, C-3, and M-1 zones.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6600. Permanent make -up regulations.
The application of permanent make-up shall be subject to and comply with the following
standards and regulations.
(a) Permanent make-up uses may be established and operated only in the zones
specified in Section 26-597.
(b) Permanent make-up uses may only be established as an accessory use to a beauty
shop or tattooing use.
(c) An administrative review and approval by the planning director shall be obtained
prior to establishing a permanent make-up use (as specified in section 25 685.65
26-296.1400)
(d) The permanent make-up use shall comply with the Los Angeles County Code
Department Regulations Body Art Title 11 - Health and Safety Code Division 1
Health Code, Chapter 11.36 7 Body Art Establishments and Environmental
Health Regulations Part 1 Public Health Chapter 36 Body Art Regulations as
adopted July 1999 or as may be amended in the future.
(e) The person conducting the service of permanent make-up application shall be
licensed cosmetologist.
. .
by director under the provisions of Section 26 253 of the West
Covina Municipal Code.
(f g) A business lilicenses and permits as required by Section 11 117 Chapter 14 of
the West Covina Municipal Code shall be obtained prior to the start of the
operation use.
(h)
aftie1e-V-of-Chapter 14 of the West Covina Municipal Code.
Z:\Case Files\CODE AMEND\201 1 \ 11-04 Tattooing\CC\Ordinance.doc
Code Amendment No. 11-04
September 20, 2011 — Page 6
• . . A 1„ (g i) The planning dritOtbi'MaY impOse Other COnditiOn8 deemed necessary td -
.reasonably. relate to the purpose pf this division. •
V' n .
A
DIVISION 23. BODTPIVRCING USE •
See. 26-685.670,0. Purpose. .
This 4,11(i,siO, sets,f.Iiir.t1). a iinifOrin,sotof •standardS, for the practice of body piercing. The
practice of body Pkerc;0* shall be alloWed'in conjunction only with a beauty shop or jewelry store
use Only bOdypi*irik uses shall supply 13.(10 ..piOiCi.0,:*Vices to the general public. Medical
practitioners licensed by the State Of CalifOrnia rundet -the,Brisiness and Professions Code Chapter 5
(commencing with Section 2000 of who utilize body art activities as part of patient
treatment are :e?cerript -fiorri ttie registration and permitting requirements of this division.
(Ord. No. 2163, § 3, 7-1-03)
See. 26-685.680D. - Perinit required.
An adminiStratiVe review 40 approval IV'tbe,i)Orining director shall be obtained prior to
establishing and operating a body piercing Use as an accessory use to a beauty shop or jewelry
store in the R-C, C73, or M-1 zones. . „ (Ord. No. 2163, §.3, 7:1-03) .
Sec. 26 -685.6900. - B6dV niereina res_intatibils
(a) Requirements. The practice of body piercing shall be subject to and comply
with the following Staiidard'nd regidOtibilS:
,
(1) Body piereing uses May- only:be established as an accessory use tO a
beauty shop or jewe ,ry store in the R-C, C-3, or M-1 zones or a
tattooing use in the'rR"-C,'S=Cibr NI-1 zones and shall occupy no more
than en pereeiitof the,grogs floor area of the primary business.
(2) BOY piercing Uses May only be established in permitted businesses with a
thiriimnin of One thousand two hundred (1,200) square feet of gross floor
area.
- (3) An administrative review and approval by planning director shall be
obtained prior to establishing d body Piercing use (as specified in Section
26 685.65 26-296.14001
(4) The bo.dy,piereing use .shalkeornply with the Los Angeles County Code
Department Regulations Body Art Title .11,:-Health'and Safety Code
DiViSiOn. 1 Code CVaiiter '1r:36:Body Art Establishments and
Environmental Health Regulations Part 1 Public Health Chapter 36 Body
Art Regulations as adopted July 1999 or as may be amended in the future.
(5) The administrative review and approval may be revoked, amended or
suspended by the planning direator under the provisions of section 26 253
of the West Covina Municipal Code.
(5 6) A business Llicenses and permits7as i-equired by section 11,117 ,Chapter.
14 of "the West- Covina' MuniCipalt o de shall be'dlitainediitior tot-the Start':
of -the oper.p.tion of thp usp.
r. The planning director may impose other conditions deemed necessary to , „ _ _ - reasonably telate'td- the pinpOse of thisdivision.
Z:\Case Files\CODE AMEND\2011\11-04 Tattooing\CC\Ordinance.doc
Code Amendment No. 11-04
September 20, 2011 — Page 7
(b) Exemptions. The following exemptions shall apply:
(1) Existing beauty shops and jewelry shops performing body piercing as
an accessory use to the main business, prior to August 21, 2003, may
be allowed to continue the accessory use under the following
conditions:
(a) Application. An application to maintain an accessory body
piercing use must be submitted to the planning department by
January 31, 2004. Said application shall include the following:
(1) Sufficient information to verify to the satisfaction of the
planning director that the accessory body piercing use was
in place prior to and has been continuously functioning on
the property since the date of the adoption of this division.
Such information may include receipts or affidavits from
clientele
(2) A signed statement from the applicant stating that he/she will
or has applied to the Los Angeles County Health
Department for a body art establishment plan review and/or
body art technician registration to allow an accessory body
piercing use.
(3) A signed statement of understanding from the applicant stating
that he/she understands that the process has to be complete
with the city within six (6) months and Los Angeles County
in no more than one (1) year from the time of submittal.
(4) During the term between filing an application to maintain an
accessory use body piercing use and granting of necessary
permits, the use may continue to operate provided that any
and all body art technicians possess a valid registration
from the Los Angeles County Health Department. In the
event that no body art technicians possess such registration,
the body piercing use shall suspend operations until such
time as one or more body art technicians in the employment
of the use have completed such registration.
b. Review. The planning director shall review the submitted
application and render a decision within twenty (20) days. In
making the decision, the planning director shall consider the
impact of the accessory body piercing use on surrounding private
and public property.
c. Conditions of approval. The use is subject to the standards set
forth in section 26-685.6900 numbers 2 through -8-6.
DIVISION 24. TATTOOING
Sec. 26-685.7000. Purpose.
This division sets forth a uniform set of standards for the practice of tattooing.
Sec. 26-685.7100. Permit Required
A conditional use permit shall be obtained prior to establishing and operating a tattooing
use in the R-C, S-C, or M-1 Zones.
ZACase Files\CODE AMEND\2011\11-04 Tattooing\CC\Ordinance.doc
• • 1.".f . •
(8) The tattooing-,use,Shall title 11,
„ . CharifeeitA6'4A116,0. Art Establishments . • ' , , .
(9) A:biisiiiei&li&nSe asieiirie4d by Chapter 14 Of the VegitiWin'a'Aitiiiii6bai
Code Shaltbe obtained likiof to the Start of theiip.- eration of the.use.
Code Amendment No. 11-04
September 20, 2011 — Page 8
Sec. 26-685.7200. -Tattodhig Regtilatioifs
The practice of ta.ttoohig ihaltbe.Sublectio ahreointilir Witii .therfoll6wittg standards and
regulations:
(1) ;:Tattiiiiiii'g1iiS.C.kiiia:Viiiiltb'C',iestahIISlik.cldilttliePRgC4'tt.SX:,7-..an&gMil" Zones.
f :
(2)..AteOrtdition44.t...-tetrnip,.stialts*;%:Olgainepl -.0tior:40-stallAshing'p. 'tattooing use (as
s1D4cified in , , i , .
•••:, CP:7,4 t
(3) Tattooing uses shall ',-be located a minimum: of three hundred (4.0.9).--leet from a
residential zone or use, religious facility, pubiCT:parks, or.educational institution which
is Utilized by minors.
(4) Tattooing uses shall be located more than on'e -flioi*d. ,fiVe- i(f50Vfeet
from the perimeter of the tenant space of any other tattooing-use.-
(5) Tattooing uses shall not operate betweefethe'l016O4f, 0 pm andi 0100 -
•,/ (6) Temporary or mobile tattooing uses or events are not allowed by this section.
(7) . The .parking requirement for, a tattOoing, Use bes, consistentwitikstandards for
,'•5 • _ . , • . - • i-;-; . - personal service buSiiiesSI Accessory use fattoOmg, shall comply with theparkmg yequirements
for the primary use.
. • ". •••=•
(10)The Planning Commission may impose other conditions deemed necessary to - reasonably relate to the purpose of this division.
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ZACase Files\CODE AMEND\2011\11-04 Tattooing\CC\Ordinance.doc
ATTACHMENT 2 •
PLANNING COMMISSION
RESOLUTION NO. 1 1 — 4 3 4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 11-04,
REVISING STANDARDS FOR PERMANENT MAKEUP AND BODY
PIERCING AND ESTABLISHING STANDARDS FOR TATTOOING
USES
CODE AMENDMENT NO. 11 -04
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on the 22nd day of March, 2011, the Planning Commission initiated
code amendment to consider allowing tattoo uses in the City; and
WHEREAS, the Planning Commission held a study session on the 14 th day of June,
2011, to discuss potential revisions to the code; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
26th day of July, 2011, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, studies and investigations made by this Commission and in its behalf
reveal the following facts:
In September 2010, a three-judge panel of the U.S. 9 th Circuit Court of Appeals
determined that a prohibition on tattooing was "facially unconstitutional" in a court
case involving the City of Hermosa Beach. The Court of Appeals found that
tattooing was protected by the 1St Amendment (freedom of speech).
The West Covina Municipal Code does not allow tattooing.
The permanent makeup and body piercing standards in the Municipal Code need to
be revised to address the adoption of standards for tattooing.
Tattooing uses could have a detrimental effect on impressionable children and
minors. Therefore standards have been developed to require separation between
tattooing uses and uses frequented by children and minors.
The proposed action is considered to be exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of
the CEQA Guidelines, in that the proposed action consists of a code amendment,
which does not have the potential for causing a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of West Covina as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 11-04 is hereby found to be consistent with the West Covina General Plan
and the implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the
Planning Commission of the City of West Covina hereby recommends to the City Council
ZAResos\2011 ResosU 1-3434 CA 11-04 Tattooing.doc
Planning Commission Resolution No. 11-5434
Code Amendment No. 11-04
July 26. 2011 - Page 2
of the City of West Covina that it-approves.cCode Amendment No_ 11-04 to amend Chapter
26 (Zoning) of the West Covina Municipal Code 'to read as shown on Exhibit "A",
attached to this Resolution.
SECTION NO. 3: TheSecr'etarY is hiStri.liCted to forward a copy of this Resolution to
the City Council for their attention in the manner as prescribed by law.
I HEREBY CERTIFY, thatthe.foregoing Reaolution was adopted by theTianning
Commission Of 'the' City of West Covina, at a regular meeting held on the ,26'11,-, day of July,
2011 by the following-Note
AYES: -Sotelo Redholtz;-Stewart -Holtz, ethic()
NOES: None
ABSTAIN: None
ABSENT: None
DATE: July 26, 2011
64„,:: ce, •_, .
Alan Cari-ico-; ,Chainnan -
Planning Commission
. ,.
.. /. ,
J tfif/Anderson, Secretary ic
; lanning QommiSsion
i
Z:\Resos\2011 Resos\ 11-5434 CA 11-04 Tattooing.doc
Exhibit "A"
CHAPTER 26 ZONING
Article II
ection 26-61 Definitions
Tattooing. The business of inserting pigment under the surface of the skin by pricking
with a needle or otherwise, so as to produce an indelible mark or figure visible through
the skin. This definition is not intended to apply to any act of a licensed practitioner of
the healing arts performed in the course of his practice.. Tattooing does not include
application of permanent makeup that is performed as an incidental service in a
beauty shop. ••: *- - - . - , ..--: -
up.
Article X
Section. 26-597. Service, trade, cultural, public and private uses (except
industrial or manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one or
more of the following purposes. All such uses shall be within an enclosed building unless
specifically stated otherwise.
Uses specifically noted as "(Outdoor Display)": Outdoor display and sales uses are
allowed providing all functions other than display are at all times conducted within an
enclosed building.
Indicates stated use is prohibited in the Civic Center Overlay Zone.
Indicates stated use is allowed by right.
Indicates stated use is allowed by conditional use permit.
Indicates stated use is allowed subject to administrative review and approval by the
planning director.
a Indicates stated use is allowed by administrative use permit.
Indicates stated use is allowed by adult oriented business pennit.
Z:\Case Files \CODE AMENDV2011\ 11-04 TattooingExhibit A.doc
Exhibit A
Page 3
Article XII. Special Regulations for Unique Uses
DIVISION 22. PERMANENT MAKEUP
Sec. 26-685.6300. Purpose
This division sets forth a uniform set of standards for the application of permanent
make-up. The application of permanent makeup shall be allowed in conjunction enljr
with a beauty shop or tattooing use. Only permanent make-up uses shall supply
permanent make-up 'services to the general public.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6400. Definition.
Permanent make-v. The business of inserting pigment under the surface of the
skin in the facial area by pricking with a needle or otherwise, so as to produce an
indelible mark or figures visible through the skin. The application of permanent make-up
is intended to principally consist of, but is not necessarily limited to, the application of
permanent eyeliner, eyebrows, lip liner, lip color, and beauty marks.
(Ord. No. 2086, § 2(Exh. A), 7716-02)
Sec. 26-685.6500. Permit required.
An administrative review and approval by the planning director shall be obtained
prior to establishing and operating permanent make-up use as an accessory use to a
beauty shop in the N-C, R-C, S-C, C-2, C-3, and M-1 zones.
(Ord. No. 2086, § 2(Exh. A), 7-16-02)
Sec. 26-685.6600. Permanent make-up regulations.
The application of permanent make-up shall be subject to and comply with the
following standards and regulations.
(a) Permanent make-up uses may be established and operated only in the
zones specified in Section 26-597.
(b) Peimanent make-up uses may only be established as an accessory use to a
beauty shop or tattooing use.
(c) An administrative review and approval by the planning director shall be
obtained prior to establishing a permanent make-up use (as specified in
section 25 685.65 26-296.1400)
(d) The permanent make-up use shall comply with the Los Angeles County
Code Department Regulations Body Art Title 11 Health and Safety
Code Division 1 — Health Code, Chapter 11.36 — Body Art Establishments
and Environmental Health Regulations Part 1 Public Health Chapter 36 -
Body Art Regulations as adopted July 1999 or as may be amended in the
future.
(e) The person conducting the service of permanent make-up application shall
be a licensed cosmetologist.
(4)
(f g) A business Llicenses and permits as required by Section 14 117 Chapter
14 of the West Covina Municipal Code shall be obtained prior to the start
of the operation use.
2.:\Case Files\CODE A1vIEND\2011\11-04 Tattooing\Exhibit A.doc
Exhibit A
Page'4
4
(g i) The planning director may impose other -CdfidftiOliS'deemed necessary to
reasonably relate to the purpose of this division. ..r .
DIVISION 23. BODY PIERCING USE
Sec. 26-685.6700. Purpose.
This diVisidn'*sforth a UnifOrin set Of siandaras,Idi the of body
piercing The pi'aCitcd'Of body pieicmg sliMi be a11wed inC'OriihriCtion only with a
beauty shop or jewelry store use. Only body piercing iise'shalhiipply body piercing
services to the general public. Medical practitioners licensed by the State of California
under the iiSteSs'aii&PrOfesgi'dia COde'Cll'apfer ''."-=(el'OMthencing with Section 2000 of
Division 2) *ho Litilizë body art adiiaties;sgWari'bfidatielit treatment are exempt from the
regikratiOaii&perihittirig reqUireihentS'ofthis'
(Ord. No. 2103,_§ 3, 7-1-03)
Sec. 26:L-05.6806: 'requited. "
An administrative review d..iid'appi-OVal'bY:the planning director shall be obtained
prior to establishing and Operating: abOdy'pieteilig use as an accessory use to a beauty
shop or jewelry stoke in the R.-C,'CL3,.of ML1 'Zones.
(Ord. No. 2103, § 3, 7-1-03)
Sec. 26-68-5.'6900..-13bay piereicieregulitiOns.
(a) ReqUifernentS. The'piCii:Oe'df &Ai piercing shall be subject to and
.*"
comply with th IdilOW-iiig:Standaras and regulations:
(1)' '13*-Ody pieicinkb.SeS Mak ohly be established as an accessory use to
'sa-beaiitY SfioP oi. jee1iy stole in the R-C, C-3, or M-1 zones or a
tattooin;uSe m the 1VC;=S-C. or M-1 zones and shall occupy no
More than ten (10)Tereciat 'of the gross floor area of the primary
'bh.§iijes‘§.
(2) * Body pier`cmg liSes MAY orilY be established in permitted
businesses with a minimum Of one thousand two hundred (1,200)
square feet of gloss flo area
(3) An admimstrative'revieVy at cLapproval by the planning director
41Sliall be Obiairied'PridftO 4e-stablishing a-body piercing use (as . ,
eCified ir Section''.46'..685:65 26-296.1400).
•'"(4) ..ThebodY'PiercingUe 'Slialt comply with the Los Angeles County
Code Depaiti-herit RegtilationS Body Art Title 11-Health and Safety
Code Division 1 — Health Code Chapter 11.36-Body Art
Establishments 'arid Environmental Health' Regulations Part 1
r-Public itealth=thapien6B'OdY'Art Regulations as adopted July
F.1999 oi-Tmbe amended in .the . iture.
6) A business Llicenses and permits as required by section 11 117
.Chapter 1.4 of the West Covina Municipal Code shall be obtained
prior tb the start of the operation of the usc.
•
ZACase Fils\CODE AMENCA2.011 \ 11-04 TattooingExhibit A.doc
Exhibit A
Page 5
Municipal Code.
(6 4) The planning director may impose other conditions deemed
necessary to reasonably relate to the purpose of this division.
(b) Exemptions. The following exemptions shall apply:
(1) Existing beauty shops and jewelry shops performing body piercing
as an accessory use to the main business, prior to August 21, 2003,
may be allowed to continue the accessory use under the following
conditions:
(a) Application. An application to maintain an accessory body
piercing use must be submitted to the planning department
by January 31, 2004. Said application shall include the
following:
(1) Sufficient information to verify to the satisfaction of
the planning director that the accessory body
piercing use was in place prior to and has been
continuously functioning on the property since the
date of the adoption of this division. Such
information may include receipts or affidavits from
clientele
(2) A signed statement from the applicant stating that
he/she will or has applied to the Los Angeles
County Health Department for a body art
establishment plan review and/or body art
technician registration to allow an accessory body
piercing use.
(3) A signed statement of understanding from the
applicant stating that he/she understands that the
process has to be complete with the city within six
(6) months and Los Angeles County in no more
than one (1) year from the time of submittal.
(4) During the term between filing an application to
maintain an accessory use body piercing use and
granting of necessary peimits, the use may continue
to operate provided that any and all body art
technicians possess a valid registration from the Los
Angeles County Health Department. In the event
that no body art technicians possess such
registration, the body piercing use shall suspend
operations until such time as one or more body art
technicians in the employment of the use have
completed such registration.
b. Review. The planning director shall review the submitted
application and render a 'decision within twenty (20) days.
In making the decision, the planning director shall consider
the impact of the accessory body piercing use on
surrounding private and public property.
c. Conditions of approval. The use is subject to the standards
set forth in section 26-685.6900 numbers 2 through -8-6.
Z:\Case Files\CODE AMEND\20 1 RI 1-04 Tattooing\Exhibit A.doc
(7)
DIVISION 24. TATTOOING
Kirpo'Se.
Exhibit A
Page 6
This division sets forth. a uniform set of standards for the practice of tattooing.
Sec. 26-685.7100. Permit Required
- A conditional use permit shall be obtained prior to establishing and operating a
tattooingaise in the R-C, S-C, orM-1 Aones.
Sec. 26-685.7200. Tattooing Regulations
The practice of tattooing shall be subject to and comply with the following
standard§-and regtilation -S:
(1) Tattooing uses may only be establishectin,theR-C,r,ffS,C,r.anct "M-I".
Zones.
:
,(2) A conditional use permit he obtained prioi-'10 establishing a tatibefQ , „ , . -
e as specified in Section 26-246);
Tattooing uses • - three shall be located. a rammium o three hundred .,
't46111—
' .a
.'r-eSideM-i-afiaie-or:'iise,.'religiO§tialif:t. bic'fark4, o
edueafiOlAiiiiitUfuin Which is utilizedby minors
r, ..„
(4) Tattooing: uses shalt be located more than one thousand five hundred
(1,500) feet from the perimeter ofthe tenant space of any other tattooing , use.
(5) Tattooing uses shall not operate between The hours 410:00 pm and 10:00
am.
(6) Temporary or mobile tattooing„uses.otevents are notallowed bv this
section.
(7) The parking reqUironentiot a lattooiriz use ..celisistenfjvith
stan ar s for iwrsoual.service business.,,, ecessory.use tattooing shall
comply with the parking reci-iiirethents for the primary' use.
(8) The tattooing use shall comply with the Los Angeles County Code Title
11, Chapter 11.36, Body Art Establishments.
(9)„A„businesalicense as.;requirect by Chafiter,14- °tithe West C,ovina
WIrmieial Code shah be bt piEor he itari i'littiie.143ei-iition of the
use.
(10)The Planning Commission may impose other conditions deemed
necessary to reasoliAblyrelaie to.,the.Puirpose.of this division.. ,
ZACase Files \ CODE _AMEND\2011\11-04 Tattooing\Exhibit A..doc
AGENDA
ATTACHMENT 3 ITEM NO. C-1
DATE July 26,2011
PLANNING DEPARTMENT STAFF REPORT
AMENDMENT NO. 11-04
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
DESCRIPTION OF APPLICATION
On March 22, 2011, the Planning Commission adopted Resolution No. 11-5409
initiating Code Amendment No. 11-04 to consider allowing tattooing in the City of
West Covina. The initiation of this code amendment requires that a draft code
amendment be presented to the Planning Commission. The Planning Commission
will then make a recommendation and the code amendment will be presented to the
City Council. A study session on the code amendment was held by the
Commission on June 14, 2011.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code Amendment No. 11-04 to the City Council.
III. ENVIRONMENTAL DETERMINATION
The proposed code amendment is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines in that it consists of a code amendment, which does not have the potential
for causing a significant effect on the environment.
IV. BACKGROUND
The Planning Commission held a study session to consider potential revisions to the
Municipal Code. The Commission held the study session on June 14, 2011.
Information presented to the Planning Commission is attached.
V. PROJECT DESCRIPTION AND ANALYSIS
In September 2010, a three-judge panel of the U.S. 9 th Circuit Court of Appeals
determined that a prohibition on tattooing was "facially unconstitutional" in a court
case involving the City of Hermosa Beach. The Court of Appeals found that
tattooing was protected by the 1 S` Amendment (freedom of speech). Hermosa
Beach has proceeded to approve some tattooing businesses.
Currently, the West Covina Municipal Code does not allow tattooing. At the study
session there was discussion about the possibility of revising other Code sections
dealing with permanent makeup and body piercing. Based on the Commission
ZACase Files \CODE AMEND \2011 \ 11-04 Tattooing\PC\Staff Report.doc
Code Amendment No 11-04
Tattooing
July 26, 2011 - Page 2
direction at the study session, Planning staff has completed, 4. draft ccide amendment
(Attachment 1). The following is a summary Oftlie proposed code airten ent.
- 1. Revise the definition for `I‘attooing"
Currently the definition states that tattooing is not allOwed in the City.
Additionally, the definition is revised to clarify that permanent makeup is not
the same as tattooing.
2. Revise the Land Use Matrix y,
Add tattooing and tattooing with accessory permanent makeup and body
piercing to the matrix.
3. Mo.clify germaneut Makeup..Standards„
Revise the permanent makeup standards. to allow' it asnlan. acdeSaSOry to a
tattooing use (currently permanent makeup is allowed as an accessory use to a
beauty shop only). Additionally, remove outdated reference to revocation
section of Code.
4. Modify Body Piercing Standards
Revise the body piercing standards to allow it as an accessory to a tattooing use
(currently body piercing is allowed as an accessory use to a beauty shop or
jewelry store only). AC1ditionally, remove outdated reference to revocation
section of Code.
5. Add Tattooing Standards in Article XII, Special Regulations for Unique Uses
Add a section that provides the process, allowed locations, and regulations for
tattooing. Regulations include the following.
• Allow tattooing with a conditional4use permit in the R-C, S-C and M-1.
• Require that tattooing businesses must be 300 feet from residential uses
or zones, religious facilities, public parks or educational institutions
used by minors.
• Require a separation between tattoOing uses of 1,500 feet.
• Prohibit operation of a tattooing use between 10:00 pm and 10:00 am.
• Prohibit temporary use or mobile tattooing uses or event.
• Define parking requirements for tattooing as personal service (1 parking
space for every 250 square feet of floor area, same as retail).
• Require tattooing uses to comply with standards of the Los Angeles
County for Body Art Establishments.
• Require that a business licenses be obtained from the City prior to start
of operation.
Conclusion
The proposed code amendment addresses :the issues discussed at the Planning
Commission study session and allows tattooing in the City. The proposed code text is
attached to the resolution for your review (Attachment 1). If the Planning
Commission chooses to recommend approval of the proposed code amendment, the
City Council will hold a public hearing to consider adopting the proposed code
amendment.
ZACase Files\CODE AMEND\2011 \ 11-04 Tatto,oing\PC Reportd.Oc
Code Amendment No. 11-04
Tattooing
July 26, 2011 - Page 3
VI. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code Amendment No. 11-04 to the City Council.
Jeff Ai:Arson, AICP
Acting Planning Director
Attachments:
Attachment 1 - Code Amendment Resolution
Attachment 2— Planning Commission Minutes, June 14, 2011
Attachment 3 — Memorandum to Planning Commission, Study Session, June 14, 2011
Attachment 4 — Survey of Other Cities
ZACase Files\CODE AMEND\2011 \ 11-04 Tattooing\POStaff Report doc
ATT
• The ,projeot consists ofa request for a variance, ftom standards for
parking requireinentS. The proposal is in conjunction with a request
to allow an 8 477-square foot Medical office.
Planning Commission Minutes
Page 7 —June 14.2011
RMIJEST:
Chaignap. Carnco Fensed himself from this matter du-e.ioa cC:triflici of .interest. Vice
Chaiiman kedholtz opened the public haring
Plannt:tig,.As§ociaT,P,13-0,11 Oarpia pres,ented :the staff report., During, his presentation, Mr.
Garcia told the CO-mission that the ,appli,cant was requ.esting a variance from parking
requirenients He said that the applicantwas propoSing,a,InedicalTg.„fpr the location, but
that the center would continue to operate as a, rei1 5centeii In addition,Mr„, Garcia said
that the parking deficiency would be helped by :the change in use of One of the buildings
from a restaurant to a bank. He also told the Commission that staff had received one
letter of concern.
PROPONENT:
Brian Prock, representing Caremore lyIedicaLEnterprises, ancl,„J.eff Tuck; representing the
property owners, spoke in favor of the project. TMr. Prock told the Commission that his
•comPany operated similar uses in other„cities, and answered questionsby the Commission
regarding the anticipated use of the it
Mr. Tuck said that he supported the proposed use and added that the deficiency in parking
was partially due to code requirements that-were in effect-when the. center was originally
constructed.
• OPPONENTS;
No one spoke in opposition to this project.
Vice Chairman Redholtz closed the. public hearing.
There was a disciliSSiOn by the Commission regarding the letter of concern, the need in the
community for proposed use and the impact On. parking this Use Will'have. It was the
consensus of the Commission that the requested variance be approved.
Motion by Sotelo, seconded by Stewart, to adopt Resolution No. 11-542..9 approving
Variance No. 11-06. Motion carried 4-0 (Carrico abstained.) .
Vice Chairman Redholtz said this action is final unless appealed to the City Council
within ten days.
a NON HEARING ITEMS
(I)
STUDY SESSION
CODE AMENDMENT NO. 11-04
TATTOOING
APPLICANT City of West Covina
LOCATION: • Citywide
A study session to review the draft code amendment for tattooing.
,
Staff recommends that the Planning Comimsion provide comment and direction as
appropriate.
Acting Planning Director Jeff Anderson presented the staff report. During his presentation,
Mr. Anderson said this code amendment had been initiated by the Commission based on a
ruling by the 9th Circuit Court of Appeals that prohibiting tattoo parlors was
unconstituidonal.
Z:\PLANCOM\MINUTES\2011 MINUTES \minutes 6.14.11.doc
Planning Commission Minutes
Page 8 — June 14,2011
Mr. Steven Potts, owner of Inflictions Tattoo Shop, addressed the Commission regarding
the over-saturation of tattoo parlors in some cities that do not have codes to regulate such
uses. He recommended that the Commission consider requiring a minimum distance
between tattoo shops and requiring a conditional use permit. He also spoke regarding Los
Angeles County Health Department requirements, and asked if body piercing would be
considered as an accessory use to tattooing.
There was a discussion by the Commission regarding the appropriate zoning for tattoo
shops, notification of property owners, requiring a minimum distance between tattoo shops,
a minimum distance between tattoo shops and residential and school uses, and limiting the
hours of operation. The Commission also considered the similarity between tattooing and
permanent make-up, and expressed their desire to keep tattoo shops away from schools and
other areas frequented by children.
It was the consensus of the Commission to direct staff to draft an ordinance, based on their
recommendations, for their consideration at a future meeting.
CONTINUATION OF ORAL COMMUNICATIONS
Continuation of Item A, Oral Communications
None
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS
Commissioner Redholtz spoke regarding Gold's Gym grand opening, Fairfield Inn grand
opening and upcoming Nordstrom Rack grand opening.
Commissioner Sotelo spoke regarding Building Department inspectors and building plans.
Commissioner Stewart said he believed the businesses approved at this meeting, would be
beneficial for the City of West Covina. He also spoke regarding Marie Callendar's Chapter
11 filing and West Covina Mazda dealership.
Commissioner Holtz spoke about the Energy Conservation Reward Luncheon at Hurst
Ranch on June 22,2011.
CITY COUNCIL ACTION:
June 7, 2011 — 2011/2012 Budget adopted.
June 21, 2011 — Public hearing - Code Amendment No. 10-03, Vehicle Storage in the
"Service Commercial" S-C Zone
PLANNING DIRECTOR'S REPORT:
a. Subcommittee Minutes
April 12, 2011
G. ADJOURNMENT
Motion by Sotelo, seconded by Redholtz, to adjourn the meeting at 9:55 p.m. Motion
carried 5-0.
ZAPLANCOM\MINUTES\2011 MINUTES\minutes 6.14.11.doc
City of West Covina
Memorandum
AGENDA
ATTAC H M ENT 5 ITEM NO D-1
DATE: June 14,2011
TO: Planning Commission ,
FROM Planning Department
SUBJECT: STUDY SESSION
CODE AWitNuMENT NO:11 ,04 -
Tattooing
DESCRIPTION
On March 22, 2011, the Planning Commission adopted Resolution No 11-5409 initiating
Code Amendment No. 11-04.,to consider allowihg ;tattooing:in,the rCity ,of West Covina. The
initiation of this code amendment requires that a draft code amendment be presented to the
Planning Commission:. Theylanning, Commission will then make_ a, i -ecquimmldation and
the code amendment, willb presented to the City ;Council.: In order: to allow for careful
consideration of the code amendment, the study ,session4as, been_ scheduled prior to the
publi;c hearing before the Planning Commission.
DISCUSSION
; ; ,; • - In September 2010,, a three-judge panel of the U S 9 th Cireuit Court Of Appeals determined
that a ptdhibition on tattooing was "facially unconstitutional" in a court case involving the
City of Hermosa Beach. The Court of Appeals found that tattooing was protected by the 1 St
Amendment (freedom of speech). Hermosa Beach has allowed at least two tattoo businesses
; to open and there has recently been some citizen opposition to the ordinance adopted there.
At the Planning Commission Meeting when the Code 'amendment was initiated, there was
some 'discussion on restrictions Cudently in the code on types ; of uses that might have similar
effects on neighboring uses. The uses in that category include adult oriented businesses,
pennanent makeup and body piercing-. The following table,provides information on the code
requirements for those uses.
.Adult Oriented
Businesses
Permanent Makeup Body Piercing
Permit .
,
Milli Oriented'
Business Pennit . .
'Adininistratiiie'
Review
' Administrative
Review
Fee , _ . , ' $2,000 . $400 $400
Appioyal , Planning Director Planning'Direeter Planning Director
Zones Allowed R-C, 8C, 63, 61 '
' &M-1
it:-.--t; S:-C, N-C, C-3," , , C:2, M-1
R-C, C-3, M-1
Separation
Requirements
:
z
300 feet fi-oin
residential zone or
use, religious
facilities, public
' parks, & schools
(utilized by minors). • rf,2;,, -` th froM po feet other
`adult businesses.
, .: -.
' -
.
4, . ,
.
-
.
•
Other Restrictions - Only allayed as
accessory use to
beauty shop.
'
Only ?Mowed as
acEeSsory use to
beauty shop &
jewelry store with no
more than 10% of
' ' I:lie floor area. ..
ZACase Files\CODE AMEND\2011\11-04 Tattoping\Study Session.PC.cloc
Je ig,4-iderson, AICP
Acting Planning Director
Code Amendment 11-04
Tattooing
June 14,2011 - Page 3
Staff recummnds that the Planning Cominission Teyw the information in the -staff report
and provide direttion to staff regarding standards-to be included in the code anendment.
Ly Davis
Assistant Planne
REVIEWED AND APPROVED:
Attachments:
Attachment 1 — Survey of Other Cities
ZACase Files\CODE AlvIEND\2011 \ 11-04 Tattooing\Study Session.PC.doc
ATTACHMENT 6
Survey of City Ordinances
City Land Use Regulations Special Criteria
Azusa Allowed by Right Only allowed in industrial zone.
Baldwin Park . Not Allowed by Code N/A
Citrus Heights Minor Conditional Use Permit None
Covina Not Allowed by Code N/A
Dixon Conditional Use Permit None
Elk Grove Conditional Use Permit None
Hanford Conditional Use Permit None
Hermosa Beach Permitted Use Separation from other tattoo business,
1,000 feet in C-2 Zone and 1,500 feet
in C-3 Zone.
Operate between 10 am and 10 pm.
Once established cannot be expanded
and cannot establish in another
location in City.
No temporary or mobile
establishments.
Montclair Conditional Use Permit None
Pasadena Conditional Use Permit Separation from other tattoo business
of 500 feet.
Rancho Cordova Conditional Use Permit Separation from other tattoo business
of 1,000 feet.
Separation of 250 feet from public
school, park, community center or
library.
Stanton Conditional Use Permit Subject to adult-oriented business
standards.
San Dimas Not Allowed by Code N/A
San Ramon Conditional Use Permit None
Walnut Not Allowed by Code N/A