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Ordinance - 2086ORDINANCE NO. 2086 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 THE REGULATION OF PERMANENT MAKE-UP (CODE AMENDMENT NO. 02-01) • WHEREAS, Code Amendment No. 02-01 is a City -initiated code amendment related to permanent make-up; and WHEREAS, On April 9, 2002, the Planning Commission held a study session to evaluate the regulations related to permanent make-up; and WHEREAS, based on the information provided at the study sessions, staff was directed by the Planning Commission to draft a code amendment to amend the existing regulations to allow permanent make-up uses within the City of West Covina; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 26°i day of June, 2002, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 02-4752 recommending to the City Council approval of Code Amendment No.02-01; 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 16`h day of July, 2002; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: l . Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the existing code and allow permanent make-up use within the City by an administrative review and approval by the Planning Director. 2, The definition of tattooing will be amended to add that the operation of a permanent make- up business does not apply to a tattooing business. The definition will also describe that the application of permanent make-up shall be conducted by a licensed cosmetologist within a beauty shop. 3. A new category will be added to the matrix to allow permanent make-up use as an accessory use to beauty shops. The permanent make-up use will be allowed in the N-C, R-C, S-C, C- 2, C-3, and the M-1 Zones by an administrative review and approval by the Planning Director. 4. A code amendment is proposed to add a new division to Section 26-622 (Unique Uses). The section will consist of a purpose, a definition, permit required, permanent make-up regulations, development standards and conditions of approval for a permanent make-up use. Also, a permitted incidental use list will be included along with prohibitions to the permanent make-up use. 5. The development standards in the Unique Uses section consists of permanent make-up allowed in certain zones, uses shall be accessory to a beauty shop, an administrative review and approval by the Planning Director shall be required for the use, and that the use shall apply to the development standards of the zone of which the permanent make-up use is • located. 6. 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. Ordinance No. 2086 Page 2 NOW, THERFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: is SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 02-01 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: The City Council of the City of West Covina hereby amends Chapter 26 of the West Covina Municipal Code (Zoning) as shown on Exhibit "A." SECTION NO. 3: 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. SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED on this 6°i day of August, 2002. Mayok Michael Touhey ATTEST: City Clerk Janet Berry I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the foregoing Ordinance No. 2086 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of July, 2002. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6°i day of August 2002. AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None ABSENT: None V City Clerk Janet Berry APPROVED AS TO FORM: 0 "/Z� -4906-- City Attorney Arnold Alvarez-Glasman Exhibit "A" CHAPTER 26 ZONING 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. 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. • 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 figure 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. 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. s Indicates stated use is a specialized nonresidential use requiring a conditional use permit approval if it is proposed in an existing, planned, or proposed commercial center and the planning director finds the conditional use permit necessary. a Indicates stated use is allowed by administrative use permit. b Indicates stated use is allowed by adult oriented business permit. TABLE INSET: M M M M P R R F F F F O N R S C C M I A P O A t 8 15 20 45 P C IC IC 2 3 1 IP R B S Bakery shops x x Ix x x x Bank, savings x x x x x x x x x and loan associations, and similar financial institutions (also see automated teller machines) Barber and x x x x x x beauty shops Barber and P P P P P P Beauty Shops with Accessory Permanent Make -Up Use Beauty supply x x x x x stores Bicycle shops I Ix Ix Ix Ix Ix Article XII. Special Regulations for Unique Uses DIVISION 22. PERMANENT MAKE-UP • 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 make-up shalt be allowed in conjunction only with a beauty shop use. Only permanent make-up uses shall supply permanent make-up services to the general public. 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 figure 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. Sec. 26-685 .6500. Permit Required An administrative review and approval by the Planning Director shall be obtained prior to establishing and operating a 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. 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:. (1) Permanent make-up uses may be established and operated only in the zones specified in section 26-597. (2) Permanent make-up uses may only be established as an accessory use to a beauty shop. (3) An administrative review and approval by the Planning Director shall be obtained prior to establishing a permanent make-up use (as specified in section 26-685.65). (4) 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. (5) The person conducting the service of permanent make-up application shall be a licensed cosmetologist (6) The administrative review and approval may be revoked, amended or suspended by the planning director under the provisions of section 26-253 of the West Covina Municipal Code. (7) Licenses and permits as required by section 14-117 of the West Covina Municipal Code shall be obtained prior to the state of the operation of the use. (8) The use shall be conducted in compliance with all applicable requirements of article V of chapter 14 of the West Covina Municipal Code. 0(9) The Planning Director may impose other conditions deemed necessary to reasonably relate to the purpose of this division.