Ordinance - 2103ORDINANCE NO. 2103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE REGULATING BODY PIERCING
USES (CODE AMENDMENT NO. 02-03)
WHEREAS, Code Amendment No. 02-03 is a City -initiated code amendment regulating
body piercing uses; and
WHEREAS, the Planning Commission, upon giving required notice, did on the I Oth day
of June, 2003, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 03-4857 recommending to the City Council
approval of Code Amendment No. 02-03; 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 I s` day of July, 2003; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the
existing code and regulate body piercing use within the City by an administrative review
and approval by the Planning Director.
2. A new category will be added to the matrix to allow body piercing use as an accessory
use to barber and beauty shops as well as jewelry stores. Body piercing use will be
allowed in the "R-C" "C-3," and the "M-l" Zones by an administrative review and
approval by the Planning Director.
3. 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 requirement, body piercing
regulations, development standards and conditions of approval for a body piercing use.
4. The development standards in the Unique Uses section consists of body piercing allowed
in certain zones, uses shall be accessory to a barber and beauty shop or jewelry store, an
administrative review and approval by the Planning Director shall be required for the use,
and that the use shall comply with the development standards of the zone of which the
body piercing use is located. The accessory use shall not occupy more than ten percent
of the floor area of the main use.
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 resolve as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 02-03 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
• SECTION NO. 2: 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. 3: The City Council of the City of West Covina hereby amends Chapter
26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
•
•
Ordinance No. 2103
Page 2
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
PASSED AND APPROVED on this I" day of July, 2003.
ATTEST:
�U vY i
City Cleric Janet Berr
1, JANET BERRY, CITY CLERK of the City of West Covina, 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 1 st day of July, 2003. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 22nd day of July 2003
by the following vote:.
AYES: Hernandez, Miller, Sanderson, Wong
NOES: Herfert
ABSENT: None
APPROVED AS TO FORM:
City Attorney tl nold Alvarez Glasman
City Clerk Janet Berry
•
•
Exhibit "A"
CHAPTER 26 ZONING
Article II
Section 26-63. Definitions
Article VI. Procedure, Hearing, Notices, Fees and Cases
Division 11. Administrative Review by Planning Director
Section 26-296.1400. Planning Director may grant administrative review approval.
(2) After an application is received, the planning director shall be authorized to
approve, approve with conditions or disapprove an application for an
administrative review permit.
Sec. 26-269.1500. Amendment to an administrative review by Planning Director.
use.
Sec. 26-1600. Failure to utilize an administrative review approval by Planning Director.
(2)
(3) Extensions of time up to a maximum of one (1) year may be granted from
Exhibit A
Page 2
Sec.26-1700. Revocation.
(a) The use is detrimental to the public health, safety or welfare or is a
nuisance; or
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the
administrative review permit; or
(d) The use has ceased or been suspended for a period of six (6) months
or more; or
(e) The conditions of approval have not been complied with; or
(f) The required findings for an administrative review permit (as
specified in section 26-271) have been violated; or
(g) The use is not being operated in the manner or for the purpose
(h) The development entitlement dependent thereon has been revoked
orsuspended.
Sec. 26-1800. Compliance required.
0
Exhibit A
Paoe 3
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.
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.
TABLEINSET:
M M M M p
R R F F F F O N R S C C M I A P O
A 1 8 15 20 45 P C C C 2 3 1 P R B S
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
Barber and
p
p
p
Beauty Shops
with Accessory
Body Piercing
Use
Beauty supply
x
x
x
x
x
stores
Bicycle shops
I
I
Ix
ix
ix
Ix
Ix
stores
•
Exhibit A
Page 4
•
Article XII. Special Regulations for Unique Uses
DIVISION 23. BODY PIERCING USE
Sec.26-685.6700. Purpose.
Sec. 26-685.6800. Permit Required
Sec. 26-685.6900. Body Piercing Regulations
The practice of body piercing shall be subject to and comply with the following standards
and regulations:
(2) Body piercing uses may only be established in permitted businesses with a
minimum of 1.200 square feet of gross floor area.
ll
m
ll
M The use shall be conducted in compliance with all applicable requirements of
Article V of Chapter 14 of the West Covina Municipal Code.
(8) The Planning Director may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
(d) Exemptions. The following exemptions shall apply:
• a.
Exhibit A
Page 5
•
91
C.
2.
to allow an accessory body piercing use.
3.
4.
Conditions of Approval. The use is subject to the standards set forth in
Section 26-685.6900 numbers 2 through 8.