Ordinance - 2222ORDINANCE NO.2222
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 22"a 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 26th 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 4th of October, 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. 9th 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.
Ordinance No. 2222
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 it
shall be published as required by law.
APPROVED AND ADOPTED on this 18th day of October 2011.
ATTEST:
-
ity Clerk L"sine Carrico
v
Mayor eve 11
rt
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 4th day of October, 2011. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 181h day
of October, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Armbrust, Lane, Sanderson, Touhey, Herfert
None
None
None
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
Ordinance No. 2222
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. ,
the pi;eatio „f,.o...,... nent make ,
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. 2222
Page 4
RA
R1
MF
MF
MF
MF
OP
NC
RC
SC
C2
C3
M1
IP
PB
OS
8
15
20
45
Tailor shops
x
x
x
x
x
—
Tanning salon
x
x
x
x
x
x
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
c
c
c
c
—
x
c
Theaters (not open
c
c
c
—
air)
Trailers, (temporary
p
p
p
p
p
p
—
only) in conjunction
with a school,
hospital, church or
other similar
institutional use (not
permitted with
commercial uses)
Truck rental
c
c
x
accessory, not in
conjunction with
automobile
dealership (outdoor
display)
Tutoring facility
c
c
c
c
c
c
(Code 1960, § I1001; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1392, § 2, 8-14-78; Ord.
No. 1418
Ordinance No. 2222
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 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 ''�5
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.
Ordinance No. 2222
Page 6
(f g) A business Llicenses and -permits -as required by Seetio 14 "'' Chapter 14 of
the West Covina Municipal Code shall be obtained prior to the start of the
operation use.
(g i) 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.
mpr-IV .............
90
Sri
(5 6) A business blicenses and -permits as required by seefien 14 "P Chapter
14 of the West Covina Municipal Code shall be obtained prior to the start
of the operation of the use.
Ordinance No. 2222
Page 7
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(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
See.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. 2222
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, public 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.
(7) Temporary or mobile tattooing uses or events are not allowed by this section.
(8) The parking requirement for a tattooing use shall be consistent with standards
for personal service business. Accessory use tattooing shall comply with the
parking requirements for the primary use.
(9) The tattooing use shall comply with the Los Angeles County Code Title 11,
Chapter 11.36, Body Art Establishments.
(10 A business license as required by Chapter 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.
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2222 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, As istant City Clerk
Posted: /0 09/1