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Regulation of Tattoo Parlors - Ordinance No 3236 Code Amendm
J APP OVER BY CITY COUNCIL �'• C Y C 2K REQUEST FOR CITY COUNCIL ACTI "T Date: May 16,.1994 Submitted.to: Honorable Mayor and City Council Members . Submitted by: Michael T. Uberuaga, City Administrator`ti� Prepared by: Melanie Fallon, Director of Community Development—����� . Subject: CODE AMENDMENT NO. 93-6, NEGATIVE DECLARAITON NO. 93-22,A REQUESY TO CREATE PROVISIONS REGULATING TATTOO ESTABLISHMENTS APPROV y CI-Ty COUNCIL ra 19 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception a -2GL'GRK Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments:- ,(� Q �✓ ,��� :��� mod"��•�cZuT�� ,��.���2��'�v -�'.�a�� �a smitted fo•the City Council's consideration is a request to create provisions for regulating tattoo establishments within the C2 and C4 Commercial Zones subject to the approval of a conditional use permit and locational criteria by amending Article 922 of the Huntington Beach Ordinance Code. RECOMMENDATION: Planning Commission Recommendation: PLANNING COMMISSION ACTION ON MARCH 1, 1994: THE MOTION MADE BY COOK,SECONDED BY DETTLOFF, TO APPROVE DRAFT j NEGATIVE DECLARATION NO. 93-22 AND CODE AMENDMENT NO. 93-6 WITH FINDINGS ' CARRIED BY THE FOLLOWING ROLL CALL VOTE: AYES: COOK, RICHARDSON, DETTLOFF, BIDDLE NOES: NEWMAN, INGLEE ABSTAIN: NONE ABSENT: GORMAN r ` I 0 0 PASSED AND ADOPTED by the City of Huntington Beach at a regular meeting held on the day of 11994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney y EWED AND AP ROVED: INITIATED AND APPROVED: City Administrator Director of Community De elopment Oordms178 TATTOO ESTABLISHMENTS ..........-..... ..................................... ....................... ...... ... . . ... .................ic......-........................ .............. ........................ .. ...... ................ ...................... ............. .. ........ .... ....... ................... ..................................... ............... ........................ . ............. ........ .M. 0 C Alter V.-E.- -t. t ...... ....... it Ing avi . ...................---........................ ................................ .................. .......................................................................................... ........ ............ ...... ... ... .......... ..................... .......... 'je ]P, quired: ... . .......... I.................t.... ...... ...................... ............................ ...................... "d:: ...h ......... ....................... C.............. ...... .............................. a ...... . ......... ...........- .......... ....... .... ..... ... ............ ....................... ...................... ... . ............. .......................................................... .............. .......................... ........... ....... ........ ...... ....................- .......... ........... ....... . . ..............................: ... .......................................... ............................... 111.: .............. . .. .......... .Tatty'. ............. MUS ........... . .......... ............ .............. ................... . ............... ......................................... ... .........................................%....- ............................ ............ ... ..... ... . ................ .................... ............ ............. ................ ............. ............... ...... ................................ ........ ... ..... ........ ................ .................... . ...................................... ..................... .........-........................... ............. ..........I........--............. ........................... ....................................... ................................. .............................. ............. ......... ...1. ......... ....................-............................................................. ................................--.......................... Dana Point Yes C.U.P. Yes (1) No Community Commercial Zone Visitor Rec. Commercial Zone Anaheim Yes None Yes (7-8) No None/Personal Services Permitted in Comm. Zone Costa Mesa Yes Must be located in No No Basic Commercial Zone Barber or Beauty Parlor Zone or CUP necessary Laguna Yes None Yes (1) No None, as long as not in Downtown Area Fullerton Yes Must be in Yes (2) No No, Same as Zoning Commercal zone, Requirement except Office Prof. Zones&Comm. Zones Pomona Yes C.U.P. No No. Must be Located on Highway Commercial Zones Santa Monica No. Municipal Code N/A N/A N/A Enforced by Police Department Whittier No N/A N/A N/A N/A Newport Bch. Yes Must be Yes (3) No No Commercial Zone RCA 5/16/94 5 ms1p0287 at -� • I PO 0 pO ARGOSY ii MC FAD EN — EDINGER ■- HEIL I ' WARNER ` SLATER 9 � n TALBERT �O . ELLIS Z C7 O • — OARFIELD YORKTOWN — ■ ADAMS Sv 1 /INDIANAPOLIS b —_ ATLANI'A / HAMILTC q HAMILTON ■ BANNING AREAS WHICH CAN ACCOMODATE ADULT BUSINESSES HUNTINGTON BEACH PLANNING DIVISION B-5 CODE AMENDMENT NO. 93-6/DRAFT NEGATIVE DECLARATION NO. 93-22 (CONTINUED FROM THE FEBRUARY 15, 1994 PLANNING COMMISSION MEETING: APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 93-6 is a request by the City of Huntington Beach to regulate tattoo establishments within the City subject to the approval of a conditional use permit. As proposed, tattoo establishments would be permitted within the C2 and C4 Commercial Districts, subject to the following locational criteria: 1. Tattoo establishments shall not be located closer than 200 feet from any lot zoned or general planned for residential use; 2. Tattoo establishments shall not be located closer than 500 feet from any lot upon which there is located a church or educational institution frequented by minors; and 3. Tattoo establishments shall not be located closer than 1,000 feet from any lot upon which there is located any adult business as defined in Section 975 or another tattoo establishment. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve Negative Declaration No. 93-22 and Code Amendment No. 93-6 with findings and suggested conditions of approval and forward to City Council for adoption. This item was continued from the February 15, 1994 Planning Commission meeting. Discussion ensued with staff and Commissioners regarding the reasoning behind considering tattoo establishments and adult business. Staff stated that City Council had directed them to do so. The Commission question other cities policy on this matter. Staff explained that of those polled, Anaheim and Santa Ana regulate tattoo establishments as Adult Businesses. The Commission suggested that a more in-depth study be done, and the polling of more cities occur. The Commission did not needlessly want to restrict this type of establishment in the areas they could exist. It was stated that the allow the areas of location to be changes they would have to change the Adult Business classification on tattoo establishments. PC Minutes-3/1/94 11 (pcm002) PUBLIC HEARING REQUEST R SUBJECT: DEPARTMENT: MEETING: NUMBER OF OTHER PUBLIC HEARINGS: y oC_ (PER- Initial) AUTHORIZATION: Ray.141'ver Assistant City Administrator • THE PUBLIC HEARING WAS OPENED. Traci Goodson-Smith, 1717 Delaware, spoke in support of the request. Ms. Goodson- Smith stated that if regulation of tattoo establishments did not occur it would lead to unhealthy situations. She did not agree, however, with the classification of a tatoo establishment as an Adult Business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission did state that they wish to have restrictions on tattoo establishments to maintain a healthy atmosphere. A MOTION WAS MADE BY NEWMAN, SECOND BY INGLEE, TO CONTINUE NEGATIVE DECLARATION NO. 93-22 AND CODE AMENDMENT NO. 93-6 TO THE APRIL 5, 1994 PLANNING COMMISSION MEETING TO ALLOW STAFF TIME TO RESEARCH THE CONDITIONS AND REGULATIONS OF OTHER CITIES THAT ALLOW TATTOO ESTABLISHMENT, BY THE FOLLOWING VOTE: AYES: Inglee,Newman, Biddle NOES: Cook, Dettloff, Richardson ABSENT: Gorman ABSTAIN: None MOTION FAILED THE MOTION FAILED BECAUSE OF SPLIT(3-3) VOTE A MOTION WAS MADE BY COOK, SECOND BY DETTLOFF, TO APPROVE NEGATIVE DECLARATION NO. 93-22 AND CODE AMENDMENT NO. 93-6 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Cook, Dettloff,Richardson,Biddle NOES: Inglee,Newman ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes-3/1/94 12 (pcm002) r r � i �i ��� //'i � ��' it ► � �1►����._ ►i`.��� ..��"►:� \.]emu ,. y r I lb r � � l s. 1i i I MOPI � r �Air.IL ddL ■ -_ - _� _ �jE���+*��4,:,r:..t i,{,i.; �l'.� r�'!�". !,W,����4���a�j(�(.��.' r 4°���C�y"�f a p • i�rf�F •n. t�� G kt �A` a. ,OJT, ' tip, 'i�' :._ v;-.�... .•�:. _.._ ,r� -. 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Code Amendment No. 93-6 will be consistent with the goals and policies contained within the General Plan by regulating the location of tattoo establishments through the use of locational criteria and the requirement of a conditional use permit. 2. Code Amendment No. 93-6 will provide guidelines for the orderly review and establishment of tattoo establishments through the conditional use permit process. ANALYSIS: At the August 2, 1993 City Council meeting, the Council directed staff to pursue establishing criteria for the location of tattoo businesses within the city. The Planning staff and the City Attorney's office have prepared the attached ordinance which regulates tattoo establishments within the City. The proposed ordinance permits tattoo establishments within the C-2, Community Business District and the C-4, Highway Commercial District subject to the approval of a conditional use permit by the Planning Commission and subject to the following criteria: 1. Tattoo establishments shall not be located closer than 200 feet from any lot zoned or general planned for residential use; 2. Tattoo establishments shall not be located closer than 500 feet from any lot upon which there is located a church or educational institution frequented by minors; 3. Tattoo establishments shall not be located closer than 1,000 feet from any lot upon which there is located any adult business as defined in Section 975 or another tattoo establishment; The Planning staff has prepared a map which indicates the possible locations for tattoo businesses utilizing the above criteria. This map is attached for your review. The Planning Commission action on March 1, 1994 included a provision which makes conditional use permits for tattoo establishments non-transferable upon change of owner. The City Attorney has advised the Planning Staff that this requirement is considered unconstitutional and should not be placed in the new ordinance as a restriction. Based on the City Attorney's opinion, the ordinance before you this evening does not include wording related to the transfer of conditional use permits to new owners. RCA 5/16/94 2 mslpo287 The Police Department is currently processing a companion ordinance pertaining to the health and operating standards for tattoo establishments. The model ordinance was obtained from the Orange County Health Department and addresses the following areas: 1. Maintenance of facility; 2. Maintenance of pigments and dyes; 3. Skin condition; 4. Health history of customers; 5. Health history of operator; 6. Smoking; 7. Cleanliness of operator; 8. Skin preparation; 9. Discarding of certain equipment; and 10. Health department inspections and fees The Police Department's proposed ordinance is currently in use by three Orange county cities and was developed by the Orange County Health Department to ensure adequate safeguards to protect patrons and operators. If adopted by the City Council, the ordinance would amend the Huntington Beach Municipal Code. The proposed ordinance is attached for the City Council's review and information. Environmental Status: Pursuant to the environmental regulations effect at this time,the Department of Community Development advertised draft Negative Declaration No. 93-22 for thirty (30) days. Comments were received from the Environmental Board, which are attached for the Council's review. The staff, in its initial study of the project, has recommended that a negative declaration be issued. Prior to any action on Code Amendment No. 93-6, it is necessary for the City Council to review and act on Negative Declaration No. 93-22. On March 1, 1994,the Planning Commission approved Negative Declaration No. 93-22. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may make one of the following motions: A. "Modify Code Amendment No. 93-6 by altering or adding to the proposed locational criteria." B. "Deny Negative Declaration No. 93-22 and Code Amendment No. 93-6 with findings for denial." RCA 5/16/94 3 ms1p0287 ATTACHMENTS: 1. Tattoo Business Matrix 2. Adult Business Location Map 3. Planning Commission Minutes dated March 1, 1994 4. Planning Commission Staff Report dated March 1, 1994 5. Draft Negative Declaration No. 93-6 6. Legislative Draft 7. Proposed Ordinance MTU:MF:MS:lp RCA 5/16/94 4 mslr o2s7 j i i -06 Ilei ORDINANCE NO. 3236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLES 908 AND 922 THEREOF TO ADD TATTOO ESTABLISHMENTS TO THE LIST OF PERMITTED USES IN THE C-2 (COMMUNITY BUSINESS DISTRICT) -AND C4 (HIGHWAY COMMERCIAL DISTRICT)ZONES WHEREAS, the City Council of the City of Huntington Beach desires to add tattoo establishments to the list of permitted uses within certain commerical zones as provided in Article 922 of the Huntington Beach Ordinance Code; and Pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings relative to amending the Huntington Beach Ordinance Code as provided .herein, wherein both bodies have carefully considered all information presented at said hearings; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 9220.1(d) of the Huntington Beach Ordinance Code, entitled "Development Standards," is hereby amended to read as follows: (d) List D - C2, C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be 4\Ord:Amend Ord Code Tattoos\06/02/94 nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction.) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal Clinic D. *Dancing and/or live entertainment, including dancing for patrons under the age.of twenty-one (21) pursuant to section 9220.12 F. Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to section 9220.13) S. Service stations pursuant to section 9220.13 Single room occupancy/Living units pursuant to Section 9220.15 T. Tattoo establishments subject to the locational criteria contained in Article 975, Adult Businesses. U. Unclassified uses pursuant to Article 963 (2829-5/86) SECTION 2. That Section 9080(T) of the Huntington Beach Ordinance Code is hereby amended to read as follows: T. Temporary outdoor event. A temporary use of property not exceeding an aggregate of twenty-one (21) calendar days per year, the purpose of which is to conduct a specialized, short-term event such as an art show, fund-raising events, amusement attractions, sporting events and rabies clinics. Public services which benefit the community suchas, but not limited to, bloodmobile or chest X ray are included in this category. Any such event if sponsered by a nonprofit organization shall be exempt from the requirements of Article 973. (2836-6/86) Tattoo. An indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars. Tattooing establishment. Premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use. 4\Ord:Amend Ord Code Tattoos\06/02/94 b 4 SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at-a regular meeting thereof held on the 21ST day of JuNE , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: ity AdministrIfOY Director of Comm ty Development 4\Ord:Amend Ord Code Tattoos\06/02/94 Ord. No. 3236 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNM BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and'ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of May, 1994, and was again read to said City Council at a regular meeting thereof held on the 21 st day of June. 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Silva, Bauer,Moulton-Patterson, Winchell, Leipzig, Sullivan NOES: Councilmembers: None ABSENT: Councilmembers: Robitaille City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California ORDINANCE AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TATTOO O_.PR -TO THE LIST OF PERMITTED USES WLTHI -THE C-2, COMMUNITY BUSINESS DISTRICT -'' AND THE C-4, HIGHWAY COMMERCIAL DISTRICT WHEREAS, the City Council of the City of Huntington Beach desires to add tattoo parlors to the list of permitted uses within Article 922, Commercial Districts of the Huntington Beach Ordinance Code, NOW THEREFORE, the City of Huntington Beach does hereby ordain as follows: That article 922, Commercial Districts of the Huntington Beach Ordinance Code, Section 9220.1(d) is hereby amended to read as follows: (d) List D - C2. C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction.) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal clinic D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty-one (21)pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only,pursuant to section 9220.13) S. Service stations pursuant to section 9220.13 Single room occupancy/Living units pursuant to Section 9220.15 T. Tattoo Parlors, subject to the locational criteria contained in Article 975, Adult Businesses. U. Unclassified uses pursuant to Article 963 (2829-5/86) That this ordinance shall become effective 30 days after its adoption. 0 0 FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 93-6: 1. Code Amendment No. 93-6 will be consistent with the goals and policies contained within the General Plan by regulating the location of tattoo establishments through the use of locational criteria and the requirement of a conditional use permit. 2. Code Amendment No. 93-6 will provide guidelines for the orderly review and establishment of tattoo establishments through the conditional use permit process. C. CO SENT CALENDAR C-1 GENEkAL PLAN CONFORMANCE NO. 94-1 CONTINUED FROM THE MARCH 5 1994 PLANNING COMMISSION MEETING : APPLICAN City of Huntington Beach, Department of Community Development LOCATION: 200 Main Street (Parking Structure) General Plan Conformance No. -1 is a request to determine if the transfer of title for the Main Street/Promenade Parkin Structure, from the Redevelopment Agency to the City of Huntington Beach is in confo ance with the General Plan. STAFF RECOMMENDATION: The request was automatically continued fro the February 15, 1994, Planning Commission meeting due to a split vote (3-3). here has been no changes to the report and planning staff is recommending approval of e request. A MOTION WAS MADE BY BIDDLE, SECON BY COOK TO DENY GENERAL PLAN CONFORMANCE NO. 94-1 W H FINDINGS, BY THE FOLLOWING VOTE: AYES; Cook, Biddle NOES: Inglee, Dettloff, Richardson, Newman ABSENT: Gorman ABSTAIN; None MOTION FAILED PC Minutes-3/1/94 13 (pcm002) Huntington beach Department of Community Vevelopment STAFF REF ORT EXECUTIVE SUMMARY MARCH 1. 1994 CODE AMENDMENT NO. 93-6/ NEGATIVE DECLARATION NO. 93-22 (CONTINUED FROM THE FEBRUARY 15. 1994 PC MEETING (City-Wide) - Code Amendment No. 93-6 is a request by the City of Huntington Beach to regulate tattoo establishments within the City subject to the approval of a conditional use permit. As proposed, tattoo establishments would be permitted within the C2 and C4 Commercial Districts, subject to the following locational criteria: 1. Tattoo establishments shall not be located closer than 200 feet from any lot zoned or general planned for residential use; 2. Tattoo establishments shall.not be located closer than 500 feet from any lot upon which there_ is located a church or educational institution frequented by minors; and 3. Tattoo establishments shall not be located closer than 1,000 feet from any lot upon which -there is located any adult business as defined in Section 975 or another tattoo establishment. Staff is recommending that the Planning Commission approve Negative Declaration No. 93-22 and Code Amendment No. 93-6 with findings and suggested conditions of approval and forward to City Council for adoption. This item was continued from the February 15, 1994 Planning Commission meeting. TO: Planning Commission FROM: Community Development DATE: March 1, 1994 SUBJECT: CODE AMENDMENT NO. 93-6/1)RAFT NEGATIVE DECLARATION NO. 93-22 (CONTINUED FROM THE FEBRUARY 15, 1994 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 926.48 REQUEST: To create provisions for regulating tattoo establishments within the C2 and C4 commercial zones subject to the approval of a conditional use permit _ and locational criteria by amending Article 922 of the.Huntington Beach Ordinance Code. LOCATION: City-wide ZONE: C2. Community Business District and C4 , Highway Commercial Districts GENERAL PLAN: General Commercial and Visitor Serving 1.0 SUGGESTED ACTION: Motion to: "Approve Negative Declaration No. 93-22 and Code Amendment No. 93-6 with findings and fonvard to City Council for adoption." 2.0 GENERAL INFORMATION: Code Amendment No. 93-6 is a request to create provisions for regulating tattoo establishments within the C2 and C4 Commercial Districts. Approval of a tattoo establishment would require the Planning Commission to review and find that the business meets the locational criteria spelled out in the ordinance. Staff Report-3/1/94 -I- (PCSR020) 4.0 ENVIRONMENTAL STATUS: Pursuant to the environmental regulations effect at this time, the Department of Community Development advertised draft Negative Declaration No. 93-22 for thirty (30) days. Comments were received from the Environmental Board, which are attached for the Commission's review. The staff, in its initial study of the project, has recommended that a negative declaration be issued. Prior to any action on Code Amendment No. 93-6, it is necessary for the Planning Commission to review and act on Negative Declaration No. 93-22. 5.0 COASTAL STATUS: Not applicable. 6.0 SPECIFIC PLAN: Not applicable. 7.0 SUBDIVISION COMMITTEE: Not applicable. 8.0 ISSUES AND ANALYSIS: At the August 2, 1993 City Council meeting, the Council directed staff to pursue establishing criteria for the location of tattoo establishments within the city. The Planning staff and the City Attorney's office have prepared the attached ordinance which regulates tattoo establishments within the City. The proposed ordinance permits tattoo establishments within the C-2; Community Business District and the C-4, Highway Commercial District subject to the approval of a conditional use permit by the Planning Commission, subject to the following criteria: 1. Tattoo establishments shall not be located closer than 200 feet from any lot zoned or general planned for residential use; 2. Tattoo establishments shall not be located closer than 500 feet from any lot upon which there is located a church or educational institution frequented by minors; 3. Tattoo establishments shall not be located closer than 1,000 feet from any lot upon which there is located any adult business as defined in Section 975 or another tattoo establishment; The City has prepared a map which indicates the possible locations for tattoo business to locate. This map will be on display at the March 1, 1994 meeting. Staff Report-3/1/94 -2- (PCSR020) The Police Department is currently processing a companion ordinance pertaining to the health and operating standards for tattoo establishments. The model ordinance was obtained from the Orange County Health Department and addresses the following areas: 1. Maintenance of facility; 2. Maintenance of pigments and dyes: 3. Skin condition; 4. Health history of customers; 5. Health history of operator; 6. Smoking; 7. Cleanliness of operator; - 8. Skin preparation; 9. Discarding of certain equipment; and 10.-Health department inspections and fees The proposed ordinance is currently in use by three Orange county cities and was developed by the Orange County Health Department to ensure adequate safeguards to protect patrons and operators. If adopted by the City Council, the ordinance would amend the Huntington Beach Municipal Code. The proposed ordinance is attached for the Planning Commission's review and information. 9.0 RECOMMENDATION: Staff recommends that the-Planning Commission approve Negative Declaration No. 93-22 and Code Amendment No. 93-6 with the following findings and forward to City Council for adoption: FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 93-6: 1. Code Amendment No. 93-6 will be consistent with the goals and policies contained within the General Plan by regulating the location of tattoo establishments through the use of locational criteria and the requirement of a conditional use permit. 2. Code Amendment No. 93-6 will provide guidelines for the orderly review and establishment of tattoo establishments through the conditional use permit process. 10.0 ALTERNATIVE ACTION: The Planning Commission may: 1. Deny Negative Declaration No. 93-22 and Code Amendment No. 93-6 with findings for denial; or 2. Modify the proposed ordinance by altering or adding to the proposed locational criteria._ Staff Report- 3/1/94 -3- (PCSR020) ATTACHMENTS: l. Legislative Draft 2. Draft Ordinance 3. Letter from Environmental Board 4. Negative Declaration No. 93-22 5. Model Ordinance pertaining to tattoo establishments (operating regulations). SH:MS� Staff Report- 3/1(94 -4- (PCSR020) s �. ORDINANCE NO . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 8 . 70 TO THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS WHEREAS, the City Council wishes to ensure protection of the health and safety of the citizens of the City of Huntington Beach by regulating the establishment and operation of tattoo businesses within the City; and NOW, THEREFORE, the City- Council does hereby ordain as -follows : SECTION 1 . Chapter 8 . 70 is hereby added to Title 8 of the Huntington Beach Municipal Code to read : Sections : 8 . 70 . 010 Definitions . 8 . 70 . 020 Maintenance of Premises . 8 . 70 . 030 Source of Dyes and Inks . 8 . 70 . 040 Maintenance of Pigments , Dyes . and Equipment . 8 . 70 . 050 Maintenance of Stencils . 8 . 70 . 060 Tattooing Operations - Skin Condition of Customers . 8 . 70 . 070 Tattooing Operations - Health History of Customers . 8 : 70-. 080 Tattooing Operations - Health Condition of Operator . 8 . 70 . 090 Tattooing Operations - Smoking . 8 . 70 . 100 Tattooing Operations - Apparel of Operator . 8 . 70 . 110 Tattooing Operations - Cleanliness of Operator . 8 . 70 . 120 Tattooing Operations - Shaving . 8 . 70 . 130 Tattooing Operations - Skin Preparation. 8 . 70 . 140 Tattooing Operations - Use of Stencils . 8 . 70 . 150 Tattooing Operations - Use of Approved Dyes . 8 . 70 . 160 Tattooing Operations - Use of Sterile Dyes . 8 . 70 . 170 Tattooing Operations - Use-of Sterile Equipment . 8 . 70 . 180 Tattooing Operations - Discarding of Certain Equipment . , 8 . 70 . 190 Inspections - Health Services Fee Schedule . 8 . 70 .200 Penalties . - 1 - CHAPTER 8 .70 TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS 8 . 70 . 010 Definitions . (a) Health Officer. That person or office designated -by- order of the City Council of the City of Huntington Beach or by contract . approved by the said council as the person or office having responsibility for the enforcement of the provisions of this article . (b) Operator. Any person, whether the proprietor or another person, - administering a tattoo- to any customer- of a tattooing establishment . (c) Proprietor . The person having general control and management over- the conduct of business at a tattooing establishment, whether or not such person is the legal owner of the premises or the business . (d) Tattoo. An indelible mark. or figure fixed upon a body by insertion of pigment under the skin or by production of scars . 2 - (e) Tattooing establishment . Premises used for the business of marking or coloring the skin with tattoos , and all furnishings, equipment , instruments , dyes and inks , and other facilities maintained therein incidental to such use. 8 . 70 .020 Maintenance of Premises . (a) All tattooing establishments shall be equipped with running hot and cold water, with adequate toilet facilities and with all such -_ appliances, furnishings -and materials as may be necessary . to enable persons employed in and about such establishments to comply with the requirements of this Chapter . (b) The floors , furnishings and equipment of tattooing establishments shall be kept clean at-all times during business hours . For purposes of this paragraph a floor shall not be considered clean if it has not been swept and mopped within the preceding twenty-four (24) hour period . (c) All operating tables in tattooing establishments shall be constructed of metal with white enamel or -porcelain finish, -or stainless steel . (d) Each tattooing establishment shall have adequate lighting and ventilation. For purposes of this paragraph lighting or ventilation shall be considered as inadequate if it fails to comply with a standard prescribed by the Health Officer . 3 - (e) No tattooing establishment shall be used as a sleeping room or dormitory. 8 . 70 . 030 Source of Dyes and Inks . ( a) Propri-etors of .tattooing establishments shall , on request of the -Health Officer , submit in writing to the Health Officer the source of all dyes or- inks retained for- use in tattooing operations , and thereafter shall notify the Health .Officer in writing of any dyes or inks obtained for use in tattooing operations from any source other than those previously submitted . (b) No dyes or inks from any sources which have been disapproved by the Health Officer shall be retained available for use in tattooing operations . 8 .70 .040 Maintenance of Pigments, Dyes and Equipment . No pigments , dyes or equipment shall be retained available for use in tattooing operations unless cleaned and sterilized as provided in this section. For purposes of the section, equipment shall include needles , needle tubes , towels , blade holders , wiping cloths , paper towels and- napkins , charcoal , gauze bandages (unless purchased in individual sterile packages) , and all similar items . (a) All equipment shall be thoroughly cleaned before being sterilized . Instruments shall be cleaned with soap or detergent by use of a brush . The interior or needle barrels shall be brushed .- 4 - After cleaning, equipment shall be thoroughly rinsed under running fresh tap water . (b) All equipment shall be sterilized by autoclaving . Each piece of equipment shall be individually wrapped with paper in an approved method for autoclaving . Metal foil may not be used . Tattooing needles shall be threaded through the metal tube that attaches to the .tattooing vibrator and shall be placed in a glass (or autoclavable plastic test tube) with a cotton plug for autoclaving . -- wiping tissues shall be sterilized in a single pack to be used for one tattoo and then be discarded. All packs shall be marked with temperature recording tape or labels . (c) Dyes or inks shall be used from containers with a cap that completely covers the opening and is --attached to the neck of the dye container, sterilized in an autoclave after first being filled with _the dye. Dye shall be handled utilizing aseptic techniques and the dye containers filled with dye shall be autoclaved at least once a week or more often if necessary to keep the dye in a sterile condition. The dyes may be placed in Teflon squeeze bottles that . will withstand autoclaving . (d) Steam sterilization of the above listed equipment shall be accomplished in an autoclave with at least 15 pounds pressure per square inch (251°F) for at least 15 minutes . Other means of sterilization may be approved by the Health Officer . - 5 - (e) All sterilized dyes , pigments and equipment shall be stored in a manner which will insure sterility at the time of use. (f) Proprietors shall maintain sufficient sterilized equipment available at the beginning of each workday to allow completion of such workday without requiring resterilization of such equipment . 8 . 70 . 050 Maintenance of Stencils . No stencil, whether new or : used, shall be retained in a manner available for use in any tattooing operation unless it has been precleaned and disinfected in the following manner : (a) Each stencil must be precleaned by being scrubbed with soap and brush to the extent necessary to remove all accumulations of carbon and Vaseline in the etched grooves of. the stencil . (b) Each stencil , after being precleaned -and dried, must be disinfected by being soaked, design-cut side down, in a closed container of seventy percent (70%) alcohol for not less than thirty (30) minutes at room temperature . (c) Each stencil, after being disinfected, shall be air dried for not less than thirty (30) minutes by being suspended in a manner exposing both sides to the air, and thereafter shall be stored for next use in a clean envelope. 6 - 8 70 . 060 Tattooing Operations - Skin Condition of Customers. No tattooing operation shall be performed on skin surface areas containing any rash, pimples, boils , or infection or otherwise manifesting any evidence of unhealthy conditions . 8 . 70 . 070 Tattooing Operations -.. Potential Health Risks . The establishment owner shall provide written information as required by the - Health Officer about blood-borne- diseases and their transmission to all tattoo operators _and maintain records to verify operator receipt of this information. The tattoo operator shall inform the customer of any potential health risks involved whenever the skin is violated -as required by the Health Officer . 8 .70 .080 Tattooing Operations/Health Conditions of Operator. No tattooing operations shall be performed unless the operator is free of communicable diseases and pustular skin lesions . 8 .70. 090 Tattooing Operations - Smoking. No operator shall smoke while performing a tattooing operation. 8 70 100 Tattooing Operations - Apparel of Operator. The operator must wear a clean, light-colored, short-sleeved smock while performing the tattooing operation. 8. 70 . 110 Tattooing Operations - Cleanliness of Operator . No operator shall perform a tattooing operation with unclean hands . For purpose of this paragraph hands shall not be considered clean - 7 - 0 unless they have been throroughly washed with soap from a single service dispenser and warm water , vigorously rubbing all surfaces of lathered hands for at least 10 seconds , followed by thorough rinsing under a stream of water . Hands shall be dried using single service towels from a dispenser or hot air blower . If a liquid soap is used, the dispenser shall be cleaned and filled with fresh soap only when empty. Tattoo operators shall wear protective .g-loves while handling needles or blades , or doing any procedure that may cause bleeding . Gloves shall- be discarded between each customer . 8 . 70 . 120 Tattooing Operations - Shaving . No tattooing operation involving shaving shall be -performed unless the skin is washed with soap prior to the shaving and unless the blade used in shaving is previously unused and unles-s the blade holder has been autoclaved since its previous use. 8 . 70 .130 Tattooing Operations - Skin Preparation. No tattooing operations shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this paragraph, skin shall be considered properly prepared if it is thoroughly washed with soap following shaving and thereafter scrubbed gently three times with seventy percent (70%) isopropyl alcohol, using a separate sterile gauze pad each such time; and no alternate method of skin preparation shall be considered adequate unless approved in writing by the Health Officer . 8 - 8 70 140 Tattooing Operation - Use of Stencils. No tattooing operation involving the use of stencils shall be performed unless all of the following requirements have been complied with: (a) Each stencil must be precleaned pursuant to Section 8 . 70 . 050 . - (b) Each stencil , having been precleaned, must be wiped with sterile gauze soaked in seventy percent (70%) alcohol and air dried immediately prior -to its use in the tattooing operation. (c) Petroleum jelly used for stencils must be obtained from a collapsible tube which has not previously been used in any tattooing operation and must be applied to the skin with a sterile gauze which has not previously been used . 8 .70 . 150 Tattooing Operations - Use of Approved Iles. No tattooing operation shall be performed using dyes or inks -of a -type that has been disapproved for use by the Health Officer pursuant to Section 8 . 70 . 030 . 8 . 70 . 160 Tattooing Operations - Use of Sterile Dyes . No tattooing operation shall be performed unless the following requirements have been complied with: (a) The dye or ink used for the tattoo must be obtained from presterilized dye or ink bottles and, prior to the tattooing operation, aseptically transferred from such bottles into sterile 9 - paper cups which have not previously been used in any tattooing operation. No refilling of the dye cup is permitted . (b) No dye or ink shall be used in which needles used on another person have been dipped . 8 .70 . 170 Tattooing Operations -- Use of Sterile Equipment . No tattooing operation shall be performed using equipment that has not been cleaned and sterilized in the manner set- forth in Section 8 . 70 . 040 . 8 70 . 180 Tattooing Operations - Discarding of Certain Equipment. Operators can discard -the following items immediately after use in any tattooing operation. (a) Blades used in shaving . (b) Tubes and gauze used in application of petroleum jelly used for stencils . (c) Paper cups used for dye or ink. ~` 8. 70. 190 Inspections - Health Services Fee Schedule. The County Health Officer shall periodically make inspections of tattooing establishments located in the City of Huntington Beach to determine if the proprietor or operator of such establishments are complying with the provisions of this Chapter . The County shall , by annual 10 - Board Resolution, adopt health service fees to be paid by the proprietor or operator of the tattoo establishment . Such fees to be paid directly to the County Health Officer and retained by the County as reimbursement for said services related to this ordinance . 8 .70 .200 Penalties . Each of the following acts or omissions shall constitute a misdemeanor- and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1-; 000 . 00) : (a) Any performance of a tattooing operation by an operator in violation of any requirement or prohibition imposed by this article. (b) Any failure by a proprietor to maintain a tattooing establishment in conformity with the requirements of this article . For purposes of this subparagraph -(b) , each day upon which such a failure to conform occurs shall constitute a separate violation . SECTION 2 . Nothing in this section shall preclude enforcement or prosecution of any other applicable law. SECTION 3 . This ordinance shall take effect 30 days after its passage. (END OF PAGE) - 11 - PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1992 . Mayor ATTEST APPROVED AS TO FORM: City Clerk C�ty A torn y C(2 REVIEWED AND APPROVED: INITIATED AND- APPR D: City Administrator 9Mef of Polic 12 - ENVIRONMENTAL, CHECKLIST FORM CITY OF HUNTINGTON BEACH PLANNING DIVISION ENVIRONMENTAL ASSESSMENT NO. 93-22 1 . Name of Proponent: Department of Community Development City of Huntington Beach Address: 2000 Main Street Huntington Beach, CA -92648 Phone Number: (714) 536-5271 2. Date Checklist Submitted for Review: October 7, 1993 3. Concurrent Entitlement(s): Code Amendment No. 93-6 4. Project- Location: Citywide 5. Proiect Description: Adoption of provisions to allow tattoo parlors subject to the locational criteria contained in Article 975, Adult Businesses of the- Huntington Beach Ordinance Code. The Huntington Beach Police Department, in conjunction with the Orange County Health Department are preparing a companion ordinance which will establish health provisions for tattoo parlors within the city. ENVIRONMENTAL IMPACTS (Explanations of answers are included after each subsection.) Yes Maybe No 1 . Earth. Will the proposal result in: - a. Unstable earth conditions or changes in geologic substructures?- _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in or create unstable earth conditions or result in changes to geologic substructures. b. Disruptions, displacements, compaction or overcovering of the soil? _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in any disruptions, displacements, compaction of overcovering of soil . Yes Maybe No C. Change in topography or ground surface relief features? _ _ X Discussion: The proposed code amendment revisions do not consist of any development. Therefore, adoption of the document will not result in changes to topography or ground surface relief features. d. The destruction, covering or modification of any unique geologic or physical features? X Discussion: Because no site development is involved in the proposed project, no destruction, covering, or modification of any unique geologic or physical features will occur. e. Any increase in wind or water erosion of soils, either on or off the site? i _ X Discussion: No site development is involved in the proposed project which would alter soils through wind or water erosion. f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ X Discussion: No changes will occur which would result in the deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any inlet or lake. g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or-similar hazards? _ X Di.scussion: Adoption of the proposed code amendment will not result in the exposure of people--or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. *Note (a-g) : Subsequent development under the provisions- of the proposed code amendment may result in some earth impacts. However, impacts will be project/site specific. Subsequent development projects will be subject .to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ _ _ X Discussion: Adoption of the proposed code amendment will not produce substantial air emissions or deteriorate the ambiant air quality. b. The creation of objectionable odors? - X Discussion: Because no site development is. involved, adoption of the proposed ordinance will not create any objectionable odors. Environmental Checklist -2- (1957D) Yes Maybe No C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ _ X Discussion: Because no site development is involved adoption of the proposed ordinance will not alter local or regional air movement, moisture, temperature, or any change in climate. Note (a-c): Subsequent development under the provisions of the code amendment may result in some air impacts. Any impacts generated will be project/site specific. Subsequent outdoor uses will be subject to the provisions of CEQA. Any projects that have a potential to result in significant adverse invironmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 3. Water. Will the proposal result in: a. Changes in currents, or the course of-direction of water movements, in either marine or fresh waters? = X Discussion: Changes in currents or the course or direction of water movements will not occur if the proposed code amendment is adopted as no physical development is proposed which will alter such features. b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ _ X Discussion: No change in absorption rates, drainage patterns or runoff will occur if the proposed code amendment is adopted since no physical development has been included. C. Alterations to the course or flow of flood waters? _ _ X Discussion: No changes to the course or flow of flood waters will occur as the result of the adoption of the proposed code amendment. d. Change in the amount of surface water in any water body? _ _ X Discussion: As no site development is involved, no chances will occur in the amount of surface water in any water body. e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? — _ X Discussion: No direct impacts to surface waters or surface water quality are anticipated to result if proposed code amendment is adopted. f. Alteration of the direction or rate of flow of ground waters? _ _ X Discussion: The direction or rate of flow of ground waters will not be affected if the proposed code amendment is adopted as no physical development is included. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? _ X Discussion: As no site development is involved, no changes will occur in the quantity of ground water. i Environmental Checklist -3- (1957D) Yes Maybe No h. Substantial reduction in the amount of water otherwise available for public water supplies? _ _ X Discussion: No reduction in the amount of water available for public water supplies will occur because a specific development project is not involved in the code amendment. i . Exposure of people or property to water related hazards such as flooding or tidal waves? _ _ X Discussion: Adoption of the proposed code amendment will not result in the exposure of people or property to water—related hazards (e.g., flooding or tidal waves). 'Note (a—i): Subsequent development under the provisions of the proposed code amendment may result in some water impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the. California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? — _ X Discussion: Because no site development is involved, neither changes in the diversity of species nor deterioration of vegetation will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any mature, unique, rare or endangered species of plants? _ X Discussion: Because no site development-is involved, reduction of the numbers of any unique, or rare or endangered species of plants will not occur if the project is approved._. C. Introduction. of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X Discussion: Because no site development is involved, no new species of plant, or barriers to replenishment of existing plant species will result with the adoption of the proposed code amendment. d. Reduction in acreage of an agricultural crop? _ _ X Discussion: Because no site development is involved, a reduction in acreage of any agricultural crop will not result from the adoption of the proposed code amendment. 'Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some plant impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. Environmental Checklist (1957D) • Yes Maybe No 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? _ X Discussion: Since no site development is proposed, neither changes in the diversity of species nor number of any species of animals will occur with the adoption of the proposed code amendment. b. Reduction of the numbers of any unique, rare or endangered species of animals? _ _ X Discussion: Since no site development is proposed, reduction of the numbers of any unique or rare or endangered species of animals will not occur with the adoption of the proposed code amendment. C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? _ X Discussion: Since no site development is proposed, no new species of animals, or barriers to migration of existing animal species will result with the adoption of the proposed code amendment. d. Deterioration to existing fish or wildlife habitat? _ X Discussion: Since no site development is proposed, no deterioration to existing fish or wildlife habitat will result from the adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some animal impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result i-n significant adverse environmental impacts will be subject to environmental review. to determine the nature and extent-of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 6. Noise. WiYl the proposal result in: a. Increases in existing noise levels? _ X Subsequent development under the provisions of the proposed code amendment may result in some noise impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary to adequate environmental protection. b. Exposure of people to severe noise levels? _ X Discussion: See 6a. 7. Light and Glare. Will the proposal produce new light or glare? _ X Discussion: Because no site development is involved, adoption of the proposed code amendment will not result in the exposure of people to new light or glare. Subsequent development under the provisions of the proposed code amendment may result in some light and glare impacts. However, impacts will be project/site Er-�,ironmental Checklist (1957D) Yes Maybe No specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA) . As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary to adequate environmental protection. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? _ — X Discussion: Adoption of the code amendment does not propose any substantial changes to land uses in the City. However, subsequent development under the provisions of the code amendment may result in alteration of the present- or planned land uses of an area. Any impacts generated will be project/site specific, and those projects that may have a potential to result in-adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 9. Natural Resources. Will the proposal result in: - a.- -- Increase in the rate of use of any natural resources? _ X b. Substantial depletion of any non-renewable natural resource? _ _ X . Discussion: The proposed code amendment does not propose any alteration to development standards which will result in any noticeable change in the use of non-renewable or natural resources. Furthermore, since no site development is included, adoption of the proposed code amendment will not result in an increase in the use of natural resources such as energy, water, and raw materials. 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil , pesticides, chemicals- or radiation) in the event of an accident or upset conditions? — _ X Discussion: Since no site development is included, adoption of the proposed code- amendment will not result in any risk of explosion or release of hazardous substances in the event of an accident or upset condition. b. Possible interference with an emergency response plan or an emergency evacuation plan? _ _ X Discussion: Because no development is included, adoption of the proposed code amendment will not interfere with an emergency response plan or evacuation plan. *Note (a-b): Subsequent. development under the provisions of the proposed code amendment may result in some risk of upset impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential- impacts and any mitigation, if necessary, to ensure adequate environmental protection. 11 . Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? _ X Discussion: The proposed code amendment does not include provisions to increase, decrease or regulate density. Subsequent development is not anticipated to alter the location, distribution, density or growth rate of the human population of the area. Environmental Checklist -6- (1957D) • 0 Yes Maybe No 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? _ _ X Discussion: The adoption of the proposed code amendment will not have an impact upon the existing housing and will not result in creating a demand for additional housing. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ _ X Discussion: Because no site development is included, adoption of the proposed code amendment will not generate additional vehicular movement. b. Effects on existing parking facilities, or demand for new off-site parking? _ X Discussion: The proposed code amendment does not include any amendments to the existing parking ratios or parking design requirements. Therefore, no impacts to parking are anticipated. C. Substantial impact upon existing transportation systems? _ _ X Discussion: Because no site development is proposed, no impacts to the existing transportation facilities are anticipated to result from adoption of the proposed code amendment. d. Alterations to present patterns of circulation or movement of people and/or goods? _ _ X Discussion: Since no site development is included, neither present patterns of circulation nor the movement of people and/or goods will be affected if the proposed code amendment is adopted. e. Alterations to waterborne, rail or air traffic? _ _ X Discussion: Since no site development is included, no waterborne, rail, or air traffic will be affected by adoption of the proposed code amendment. f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? — _ X Discussion: Since no site development is included, no hazards to motor vehicles, bicyclists, or pedestrian will not occur if the proposed code amendment is adopted. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X Discussion: Adoption of the proposed code amendment will have no effect upon or result in the need for new or altered fire protection services. Environmental Checklist -7- (1957D) Yes Maybe No 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? _ X Discussion: The adoption of the proposed code amendment will not create the demand for additional power (i .e. , electricity) or natural gas. b. Communication systems? _ - X Discussion: No new demand for communication systems will be created if the proposed code amendment is adopted. C. Water? _ _ X Discussion: No new demands for domestic water will be created if the proposed code amendment is adopted. d. Sewer or septic tanks? _ _ X Discussion: No new demands for sewer facilities or septic tanks will be created if the proposed code amendment is adopted. e. Storm water drainage? X Discussion: Adoption of the proposed code amendment will not necessitate new storm water drainage improvements. f. Solid waste and disposal? X Discussion: No new demands for solid waste disposal facilities will be _created if the proposed code amendment is adopted. *Note (•a-f): Subsequent development under the provisions of the proposed code amendment may result in some utility impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessarv, to ensure adequate environmental protection. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X _ Discussion: The Orange County Health Department will regulate all tattoo parlors located within the City of Huntington Beach through the adoption of a companion ordinance being prepared by the Police Department in conjunction with the Orange County Health Department. b. Exposure of people to potential health hazards? _ _ X Discussion: The Orange County Health Department will regulate all tattoo parlors located within the City of Huntington Beach through the adoption of a companion ordinance being prepared by the Police Department in conjunction with the Orange County Health Department. _. ,,': ronmental Checklist -9- (1957D) Yes Maybe No *Note (a—b): Subsequent development under the provisions of the proposed code amendment may result in some human health impacts. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA) . As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ _ X Discussion: future development under the provisions of the proposed code amendment may be located on sites which result in potential impacts to the aesthetic environment. However, development of such facilities- will be subject to the entitlement process and additional environmental review. Subsequent environmental documentation will fully analyze the potential impacts and identify appropriate mitigation measures prior to , adoption of the projects. No significant adverse aesthetic impacts are anticipated. 19.. Recreation. Will the proposal result in an impact upon. the quality or quantity of existing recreational opportunities? _ _ X Discussion: The proposed code amendment will not create any impact upon the quality or quantity of existing recreational opportunities. 20. Cultural Resources. a. Will the proposal .result in the alteration of or the destruction of a prehistoric or historic archaeological site? _ _ X Discussion: Because no site development is included, no alteration or destruction of archaeological, prehistoric, or historic sites will occur as a result of the proposed code amendment adoption. b. . Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ _ X Discussion: Because no site development is included, no effects, physical or aesthetic, are anticipated to occur as a result of adoption of the proposed code amendment. C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ _ X Discussion: Because no physical development is included, no unique ethnic cultural values are anticipated to be affected as the result of adoption of the proposed code amendment. d. Will the proposal restrict existing-religious or sacred uses within the potential impact area? _ X Discussion: No known existing religious or sacred uses will be impacted as a result of adoption of the proposed code amendment. *Note (a—d): Subsequent development under the provisions of the proposed code amendment may result in some impacts to archeological or cultural resources. However, impacts will be project/site specific. Subsequent development projects will be subject to the provisions of the California Environmental Quality Act (CEQA). Environmental Checklist —10— (19570) Yes Maybe No As such, projects which have a potential to result in significant adverse environmental impacts will be subject to environmental review to determine the nature and extent of potential impacts and any mitigation, if necessary, to ensure adequate environmental protection. 21 . Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, sub- stanti'ally reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? _ _ X Discussion: As presented in the environmental analysis, the proposed code amendment does not consist of any development and will not have any impact on plant or animal species. b. Does the project have the potential to achieve short-term, to the disadvantage of 1_ong-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ _ X Discussion: As presented in the environmental analysis adoption of the proposed code amendment will allow for outdoor uses in commercial districts. However, over the long-term, the new outdoor uses may increase, however, each use will be subject to CEQA and any mitigation necessary to protect environmental goals. No significant adverse impacts are anticipated. C. Does the project have impacts which are individually limited, but cumulatively consid- erable? (A project may impact two or more separate.-resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant.) _ X Discussion.: Cumulative impacts associated with the proposed code amendment are not significant. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X Discussion: Provisions of code amendment do not alter development standards in any way which will impact animal/plant species. No significant adverse effects are anticipated to occur to human beings, either directly or indirectly if the proposed code amendment is adopted. =-" " r•onmental Checklist -11- (1957D) DETERMINATION On the basis of this initial evaluation: .I find that the proposed project COULD NOT have a significant effect on the environment, and a 'NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 1 Date Signature For: City of Huntington Beach Community Development Decartment Environmental Checklist -12- (1957D) LEGISLATIVE DRAFT ORDINANCE # AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENTDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TATTOO PARLORS TO THE LIST OF PERMITTED USES WITHIN THE C-2, COMMUNITY BUSINESS DISTRICT AND THE C-4, HIGHWAY COMMERCIAL DISTRICT WHEREAS,'the City Council of the City of Huntington Beach desires to add tattoo parlors to the list of permitted uses within Article 922, Commercial Districts of the Huntington_ Beach Ordinance Code, NOW THEREFORE, the City of Huntington Beach does hereby ordain as follows: That article 922, Commercial Districts of the Huntington Beach Ordinance Code, Section 9220.1(d) is hereby amended to read as follows: (d) List D - C2, C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the - 'Planning Commission. Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction.) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal clinic D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty-one (21) pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to section 9220.13) S. Service stations pursuant to section 9220.13 Single room occupancy/Living units pursuant to Section 9220.15 T. Tattoo Parlors, subject to the locational criteria contained in Article 975, Adult Businesses. U. Unclassified uses pursuant to Article 963 (2829-5/86) That this ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City of Huntington Beach at a regular meeting held on the day of 31994. Mayor ATTEST: APPROVED AS TO FORM:- City Clerk - City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Development ORDINANCE 4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TATTOO PARLORS TO THE LIST OF PERMITTED USES WITHIN THE C-2, COMMUTNITY BUSINESS DISTRICT AND THE C-4, HIGH-WAY CO'\INIERCIAL DISTRICT WHEREAS, the City Council of the City of Huntington Beach desires to add tattoo parlors to the list of permitted uses within Article 922, Commercial Districts of the Huntington_ Beach Ordinance Code, NOW THEREFORE, the City of Huntington Beach does hereby ordain as follows: That article 922, Commercial Districts of the Huntington Beach Ordinance Code, Section 9220.1(d) is hereby amended to read as follows: (d) List D - C2. C4 districts--Conditional use permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction.) A. *Adult businesses pursuant to Article 975 Alcoholic Beverage Sales pursuant to Article 963 (2987-3/89) Animal clinic D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty-one (21)pursuant to section 9220.12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to section 9220.13) S. Service stations pursuant to section 922 0.13 Single room occupancy/Living units pursuant to Section 9220.15 T. Tattoo Parlors, subiect to the locational criteria contained in Article 975, Adult 8-usiuesseq_ U. Unclassified uses pursuant to Article 963 (2829-5/86) That this ordinance shall become effective 30 days after its adoption. i • PASSED AND ADOPTED by the City of Huntincton Beach at a regular meeting held on the day of . 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Z REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Development c:\ordms178 • Dear Member of City Council, I can see no reason why my tattoo establishment must be bound by the focational criteria of an adult business. My business will not be conducted EXCLUSIVELY for adult patronage. I will also offer retail merchandise which can be purchased by customers of any age. Furthermore, there will be nothing about my business which could be construed as pornographic or sexual in nature. According to your article 9751, adult businesses are conducted EXCLUSIVELY for the patronage of adults and from which minors are specifically excluded either by law or by the operators of such business, except any business 'licensed by the DAB, or any business other than those expressly specified in this article where employees or patrons expose specified anatomical areas or engage in specified sexual activities or any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Municipal code 5.24.010. (b) . My business, as proposed, does not meet the criteria 'listed above in regard to locational criteria to which it is expected to adhere. In addition, may I point out the large number of movie theaters that show "R" rated movies located in areas not adhering to the adult business zones, as well as stores that sell cigarettes, music that has been identified as containing explicit lyrics, spray paint, permanent markers, and literature that is sexual in nature. Most of these businesses are located in commercial and residential areas not zoned for adult business. By law, minors are not allowed to purchase cigarettes, music containing explicit lyrics, spray paint, permanent markers, literature sexually explicit in nature, or attend "R" rated movies unless accompanied by a parent or guardian. However minors are allowed to enter these premises for the reason they are not included under Article 9751. My business is similar to these businesses in that we will offer merchandise which requires no specific age to purchase. Shall we then require each of these businesses to relocate or risk being fined and/or having their business license revoked??? I am certain you can see how unrealistic and utterly ridiculous this would be. Why then must a retail and personal service establishment like mine be considered in such a discriminatory manner? Sincerely A- Lo-� i WE, THE UNDERSIGNED RESIDENTS OF HUNTINGTON BEACH ARE IN FAVOR OF THE OPENING OF A TATTOO ESTABLISHMENT WITHIN OUR CITY AND SIGN THIS PETITION AS PROOF OF OUR SUPPORT. NAME ADDRESS AGE I v i. k 1 I i t w t 3` r aD s February 25, 1994 City of Huntington Beach Huntington Beach, CA 92648 i To Whom it May Concern: 1 As a business owner in the downtown Huntington Beach area, I would like to tell you that after meeting Tracy Goodson Smith and listening to her proposed plans on a " Body Art Shop " I believe that a business such as hers would blend perfectly with the new Main Street look. Tracy seems to be a hard working and very dedicated person and I believe she will be,anassect to. our community. Sincerely, ino Can ellieri President Pierside Pavillion • 300 Pacific Coast Highway,Suite 405 • Huntington Beach.CA 92648 (714)960-6636 FAX(714)960-4439 i J R � PI • r d - Apr UNAREM It / •� ' ` , top& Wall: PW 1 � �i J. ♦� � Vim. . � i � 1 �`� �attoo & Body Piercing 20387 Beach Blvd. lluntington Beach CA (714) 374-4880 CONSF.NT I'ORM I , consent to this tatoo on my at the price of$ . I acknowledge that I am eighteen (18)years old. I have shown my Identification card and I acknowledge that it is valid. I also acknowledge that the tattooist is not responsible for any mishap or injury during or after my tattoo. 1 am at least eighteen (18) years old and I do not have any of the following conditions: 1. Heart Condition 2. Epilepsey 3. Hemopheliac (BLEEDER) 4. Under the Influence of Drugs or Alcohol 5. Aids, or H.I.V. 6. A.R.C.(Aids Related Complex) To wv knowledge, I do not have any physical, mental, or medical impairment or disability which might cflcct my well-being as a direct or indirect result of my decision to have any TATTOO-related work clone at this time. I agree to follow all instructions concerning the care of my TATTOO while it is healing. I agree that any touch-up work needed, due to my own negligence, will be done at my own expen�c. I understand that if my skin color is dark the colors will not appear as bright as on light skin. l agree to holcl harmless from all damages, actions, causes of action, claims.judgements, and costs of litigation in any matter. 1 agree to keep my tattoo clean and infection free. I must use normal hygiene and A&D Ointnm)t to clean the tattooed area. I also acknowledge that the tattooist is using sterile equipment. I have received and understand the cleaning instructions given to me by the tattoo artist. I hereby agree I have read, understand, and agree to the conditions stated in this conset form. Signal urc Date Print Namc Age ID# or California Drivers License Date of Birth Tattooist Social Security Number PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a PUBLIC NOTICE to or interested in the below � NOTICE OF party PUBLIC HEARING entitled matter. I am a principal clerk of CODEAMENDMENT NO.93-6 AND the HUNTINGTON BEACH INDEPENDENT, a DRAFT NEGATIVE DECLARATION newspaper of general circulation, printed NP.93-22TO CREATE PROVISIONS and published in the City of Huntington FOR ALLOWING TATTOO Beach, County of Orange, State of I ESTABLISHMENTS California, and that attached Notice is a WIT AND C4C2 COMMERCIAL ZONES true and complete copy as was printed NOTICE IS HEREBY ON FILE: A copy of the' GIVEN that the Huntington proposed request is on file. and published :;in ,the.- Huntington Beach Beach City Council will in the Community Develop hold.a public hearing in the ment Department, 2000, and Fountain -Valley issues of said Council Chambers at,,the Main Street, Huntington Huntington Beach "Civic Beach, California 92648,' to wit the issue(s) of: Center, 2000 Main Street, for inspection by the pub- newspaper Huntington Beach, Califor• lic. A copy of the staff re- nia,on the date and at the port will be available to in- time indicated below to re- terested parties in the City ceive and consider the Clerk's office after May 4, statements of all persons 1994. May 5 , 1994 who wish to be heard rela. ALL INTERESTED PER.. Y tive to the application de- SONS are invited to attend scribed below. said hearing and express DATE/TIME: Monday, May opinions or submit to the 16,1994,7:00 PM City Clerk,written evidence APPLICATION NUMBER: for or against the applica-, Code Amendment No.93-6 tion as outlined above. If and Draft Negative Declara• you challenge the Cityi tion No.93-22 Council's action in court, APPLICANT: City of Hun- 'you may be limited to rais. I declare, under penalty of perjury, that tington Beach mg only those issues you LOCATION:Citywide or someone else raised at the foreaolna is true and correct. ZONE: C2 (Community the public hearing de- Business District) and C4 scribed in this notice, or in Highway Commercial Dis- written correspondence de- trict) livered to the City at, or REQUEST: To create pro prior to,the public hearing. visions for allowing tattoo If there are any further Executed on May 5 , 1994 establishments within the questions please call C2 and C4 commercial Michael Strange, Senior at Costa Mesa, California. zones subject to location Planner,at536-5271. criteria by amending Article Connie Brockway, 922 of the Huntington City Clerk Beach Ordinance Code. City of Huntington ENVIRONMENTAL STA- Beach, 2000 Main ITUS: Draft Negative Decla- ration No. 93-22 has been Street, Huntington prepared in accordance Beach, CA 92648 with the California Environ- (714)536.5227 mental Quality Act and will Published Huntington also be considered by the Beach-Fountain Valley In. City Council. dependent May 5, 1994. COASTAL STATUS: Not 051.627 applicable :. -T Signature _:; - � C 42) W zg�/�y NOTICE OF PUBLIC HEARINLO CODE AMENDMENT NO. 93-6 AND DRAFT NEGATIVE DECLARATION NP. 93-22 TO CREATE PROVISIONS FOR ALLOWING TATTOO ESTABLISHMENTS WITHIN THE C2 AND C4 COMMERCIAL ZONES NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, May 16, 1994, 7:00 PM APPLICATION NUMBER: Code Amendment No. 93-6 and Draft Negative Declaration No. 93-22 APPLICANT: City of Huntington Beach LOCATION: Citywide ZONE: C2 (Community Business District) and C4 (Highway Commercial District) REQUEST: To create provisions for allowing tattoo establishments within the C2 and C4 commercial zones subject to location criteria by amending Article 922 of the Huntington Beach Ordinance Code. ENVIRONMENTAL Draft Negative Declaration No. 93-22 has been prepared in accordance STATUS: with the California Environmental Quality Act and will also be considered by the City Council. COASTAL STATUS:Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after May 4, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk, written evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call Michael Strange, Senior Planner, at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (ms1p0289) NOTICE OF PUBLIC HEARING 9 y CODE AMENDMENT NO. 93-6 AND DRAFT NEGATIVE DECLARATION NP. 93-22 TO CREATE PROVISIONS FOR ALLOWING TATTOO ESTABLISHMENTS WITHIN THE C2 AND C4 COMMERCIAL ZONES NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public.hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, May 16, 1994, 7:00 PM APPLICATION NUMBER: Code Amendment No. 93-6 and Draft Negative Declaration No. 93-22 APPLICANT: City of Huntington Beach LOCATION: Citywide ZONE: C2 (Community Business District) and C4 (Highway Commercial District) REQUEST: To create provisions for allowing tattoo establishments within the C2 and C4 commercial zones subject to location criteria by amending Article 922 of the Huntington Beach Ordinance Code. ENVIRONMENTAL Draft Negative Declaration No. 93-22 has been prepared in accordance STATUS: with the California Environmental Quality Act and will also be considered by the City Council. COASTAL STATUS:Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after May 4, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk,written evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call Michael Strange, Senior Planner, at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (msIp0289) \pppoved by City Administration . COVER SHEET FOR CITY COUNCIL PUBLIC HEARINGS VA YES NO ( ) ( ) Has the City Administrator's Office authorized the public hearing to be set? (Attach Asst. City Administrator's approval slip) Is day of public hearing correct- Monday/Tuesday? Does Heading of Notice Reflect City Council Hearing (Not PC) If appeal, is appellant's name shown on legal notice? If the project includes residential use,is "legal challenge paragraph" included? If Coastal Development Permit,has the Master Legal Notice Document been used. Is there an Environmental Status to be approved by Council? Is Title Company verification letter attached? -tJ) ( ) ( ) Were the latest Assessor's Parcel Rolls used? —(J) ( ) ( ) Are the appellant/applicant's names and addresses on mailing labels? If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? For Public Hearings at the City Council level,please insert the below paragraph of the public hearing notice "ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above. If there are any further questions, please call(insert name of Planner) at 536-5271 CONNIE BROCKWAY, CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET-2ND FLOOR HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5227 PUBHER I PUBLIC HURiNG NOTIFICATION CHECKLIST MAILING LABELS �I (1211D) 9/18/92 1 � President ` William D. Holman y Planning Director H.B. Chamber of Commerce Pacific Coast _Homes City of Westminster 2213 Main St. R32 2124 Main St. 8200 Westminster Blvd. f Huntington Beach, CA 92648 Hunt. Bch., CA 92648-2499 Westminster_, CA 92683 Board President Pres., H.B. His". Society ' Planning Director H.B.IF.V. Board of Realtors C/O Newland House Museum_ City of Seal Beach 8101 Slater Ave. 19820 Beach Blvd. 211 Eight St. - Huntington Beach, CA 92647 - Huntington Beach, CA 92648 i Seal Beach, CA 90740 President Chairperson CA Coastal Commission Amigos De Bolsa Chica Historical Resources Bd. Theresa Henry 15545 Computer Lane - Comm. Services Dept. 245 W. Broadway, Ste 380 Huntington Beach, CA 92649 -2000 Main St. - Long Bch, CA 90802 - - - Huntington Beach, CA 92648 Charles Grant _ - Robert -Joseph Friends of the H3 Wetlands Council on Aging Caltrans District 12 21902 Kiowa Lane 1706 Orange Ave. 2501-Pullman St. Huntington Beach, CA 92646 Huntington.Beach, CA 92648 Santa Ana, CA 92705 Ruth Galanter Edna Littlebury Director Coastal Conservancy Golden St. Mob. -m. Ow_ners..leag. Local Solid .Waste Enr. Agy. P.O. Box 66494 11021 Magnolia Blvd. O.C. Health {are Acency Los Angeles, CA 90066 Garden Grove, CA 92642 P.O. Box 355 Santa Ana, CA 92702 President County of Orange/EMA Dominick Toraino Huntington Beach Tomorrow Michael M. Ruane, Dir. Seacliff Homeowners Assoc. 411-6th St. P.O. Box 4048 6812 Scenic Bay Lane Huntington beach, C.4 92548 Santa Ana, CA 92702-4048 Huntington Beach, CA 92648 Julie Vandermost I BIA-OC County of Orange/EMA Huntington Harbor HOA 2001 E. 4th St. #224 Thomas Mathews, Dir, Planning P. 0. 6ox..791 Santa Ana, CA 92705 P. 0. Box 4048 ! Sunset Beach, CA 90742 - Santa Ana, CA 92702-4048 - Richard Spicer SCAG County of Orange/EMA j Bill Lilly 818 West 7th, 12th Floor Bob Fisher, Dir. HHHOA ARC Los Angeles, CA 90017 P.O. Box 4048 16835 Algonquin St. #119 - Santa Ana, CA 92702-4048 i Huntington Beach, CA 92649 E.T.I. Corral 100 Planning Dir. New Growth Coordinator Mary Bell City of Costa Mesa Huntington Beach Post Office 20292 Eastwood Cir. P. 0. Box 1200 6771 Warner Ave. Huntington Beach, CA 92646 Costa Mesa, CA 92628-1200 Huntington Beach, CA 92647 I i PUBLIC HEARING NOTIFICATION CHO ST Pg. 2 (121)D) J . I � Chair ,an, Environmental Board Planning Dir.. Mr. Tom Zanic V Comm. Dev. Dept. City of Fountain Valley. �- Seacliff Partners 2000 Main St. 10200 Slater Ave. - 520 Broadway Ste. 100 Huntington Beach, CA 92648 Fountain Valley, CA 927_08 Santa Monica, CA Pacific Coast Archaeological, Society. Inc. - _ - P.O. Box 10926 Costa Mesa, CA 92627 l Attn.: -Jane Gothold: -.. :_ JERRY BUCHANAN HB CITY ELEMENTARY SCHOOL DISTRICT P. 0. Box 71 I Huntington Beach, CA 92648 GAR_Y BURGNER - _ - HB UNION HIGH SCHOOL DISRICT_ 10251 Yorktown Avenue Huntington Beach, CA.92646 - 964-3339--- NJ,RC ECKER FOUNTAIN VALLEY ELEMENTARY SCHOOL DISTRICT _ 17210 OAK STREET - i FOUNTAIN VALLEY CA-.92703 -j-- -- -'� DAMES JONES OCEAN MEW ELEMENTARY - SCHOOL DISTRICT 17200 PINEHURST LANE HUNTINGTON-BEACH CA 92647 RON FRAZIER : WESTMINSTER SCHOOL DISTRICT 14121 CEOARWOOD AVENUE WESTMINSTER CA 92683 CSA 730 El Camino Way #200 Tustin, CA 9680 I i �I I , I NOTICE OF PUBLIC HEARD CODE AMENDMENT NO. 93-6 AND DRAFT NEGATIVE DECLARATION NP. 93-22 TO CREATE PROVISIONS FOR ALLOWING TATTOO ESTABLISHMENTS WITHIN THE C2 AND C4 COMMERCIAL ZONES NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chambers at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, May 16, 1994, 7:00 PM APPLICATION NUMBER: Code Amendment No. 93-6 and Draft Negative Declaration No. 93-22 APPLICANT: City of Huntington Beach LOCATION: Citywide ZONE: C2 (Community Business District) and C4 (Highway Commercial District) REQUEST: To create provisions for allowing tattoo establishments within the C2 and C4 commercial zones subject to location criteria by amending Article 922 of the Huntington Beach Ordinance Code. ENVIRONMENTAL Draft Negative Declaration No. 93-22 has been prepared in accordance STATUS: with the California Environmental Quality Act and will also be considered by the City Council. COASTAL STATUS:Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties in the City Clerk's office after May 4, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk, written evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to,the public hearing. If there are any further questions please call Michael Strange, Senior Planner, at 536-5271. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (ms1p0289) Connie Brockway,City Clerk Cityof Huntington Beach .—. �T_,.�,.-.... ..•, .�...,�....�,., .,.:. ��,; i crd' ' M \ Office of the City Clerk .x• ,x ter; `. P.O. Box 190YSrb�,#wk ton Beach CA 92848 sr� .• C p� ` v Huntington .. .CDT N `3 IN Julie Vander-most 8I A-0C .2001 E. 4th St. 1224._ INGTpy� Santa Ana, CA 92705 ' I Q \hGOPYOBATF F y VAND0�it 927051007 IN 0 %'07 91 . RETURN TO SENDER o NO ,'-'Cll?WARD ORDER ON RILE UNABLE TO FORWARD 1909• O RETURN TO SENDER Cp CP ' LINTY LEGAL NOTICE - PUBLIC HEARING I1i,111111111II„II, I1,,,II,„!!„►11,1r,�,llll,,,ll„1111„1 Connie Brockway,City Clerk City of Huntington Beach Gror � Office of the City Clerk U.S.POTS AGti� P.O. Box 190 a`h :a�d fill, z ja(1itY 5 �4 s ! . -, • ;: ?.j o Huntington Beach,CA 92648 y � �?6 •ck°� �t i P'i s `a -�, •'•is i E� 'Q ti i�. i i ... I 1 William D. Holman Pacific Coast Homes �pNTINGTp 2124 Hain St. O �NCOXPOggrFO �F9 Hunt. Bch., CA 92648-2499 � I f.� FOF;WHI~•D..t_V4'G TIME.,PACIFIC HOME-=- •9n _'�'.=T Q•2�� r—_- >.i3 if...L.iR 'O•F A i E PLAZA LiF #2c l'%4E t-l.+R I C••::-CH CA CppN TV Ca RETURN TO SENDER LEGAL NOTICE - PUBLIC HEARING ....�......... ..._� . Connie Brockway,City Clerk City of Huntington Beach ' Office of the City Clerk ,,� cF, u•s•P�smcr, � P.O. Box190vti9 r NAT 5 '04 -� • ^ ;, Huntington Beach,CA 92648 ( ;, a�.FGq - it _,�.�•^ .. - �_•. ti� ( c0 S. ° I President ". ro H.B. Chamber of Commerce la o� q R .I /D D o �F NCOAPO t�.AFF, Huntington. Beach, CA,,926 O = BA 7F _. CD ORN rFro ? ppGNrY LEGAL NOTICE - PUBLIC HEARING ►/ /S on a as a MAE i 1 i 1 i F CS VIC + ' PTA 1w t % • i 14 MCI MUM FT r \' �► ...�Mh1. I .�.� +E i 1 • WE, THE UNDERSIGNED RESIDENTS OF HUNTINGTON BEACH ARE IN FAVOR OF THE OPENING OF A TATTOO ESTABLISHMENT WITHIN OUR CITY AND SIGN THIS PETITION AS PROOF OF OUR SUPPORT. NAME ADDRESS AGE © � ���1 Awl S [Olyeoi2G�1 ST �4P� N 4 P ' i, I i I i j . s t t t y � 1 WE', THE UNDERSIGNED RESIDENTS OF HUNTINGTON _ BEACH ARE IN FAVOR OF THE OPENING OF A TATTOO ' ESTABLISHMENT WITHIN OUR CITY AND SI THIS PETITION AS PROOF OF OUR SUPPORT. NAM ADDRESS AGE 11 p LL i - Zg. 1 44/ s�z ILL f i i 1 } F t , . T i ,.r - a F MMV , "ills %=lliiilil� pill, x y- WE, TH UNDERSIGNED RESIDENTS OF HUNTINGTON BEACH ARE INI FAVOR OF THE OPENING OF A TATTOO ESTAB ISHME'IT WITHIN OUR CITY AND SIGN THIS PETITION AS PROOF OF OUR SUPPORT. N NAME ADDRESS a AGE 37 r� i �. 8 hi- i �°rw� Z-C Ila- Iq t r 1 so a IM Le Moz FA M, MR EMS I it 1. 1�� _ Lz'� • • • • • • ` sees WOMEN �► l MR fit, -1IT .9II A VNI MMIR MOAN- u 'AP �.�i�� � � AA vl� I(t�i�,,i/ i � ♦ A' Sim �il�����,^� rid ireFINE s. r - r - r • • • • rr - WIR ;. f 7AwPA Am IN i r rr r ld - l�a s ti Cis c (� a �� 27 lt�J VLt A)6",_1 4,�----' � r r • � � • r r r • r /♦ M Ma 7Ar,�-sue .. I fiY • �� • one r r * a A / / ■ W. - �/L/ •�7I IMP L_ 1914 R M , i i i • • • ; • . i • �� • 1 r i� G / 'NMi �r • s L .W.,o WANO_ I � 1. i. . V MM �► � � 0 :_ IA ' "' • • • • ' ones MIAMI r , A Aif I r • !.� • i ✓ M. ♦ _ice i WL A C _ JES i FXTiML � y i • • • • ' • • • • A • • ww • • • • • now s ►�� MISPIr I �' a r._ f • i S ap - - � � 24 O� �. - � �/ •._I it ' ` • • • • • ` ` • ` CE On I � :dlI� -WOMMEANO MANCE AN NAM Mill � •�� ,L�/iV�i� filA �, 1 � ,� �, ��:, ,, �11: .� . �► KM WE, THE UNDERSIGNED RESIDENTS OF HUNTINGTON BEACH ARE IN FAVOR OF THIS OPENING OF A TKFI'00 ESTABLISHMENT WITHIN OUR CITY AND SIGN THl;")" PETITION AS PROOF OF OUR SUPPORT, NAME ADDRESS, AGE ki 771 zr _f E '1 cJ.Ll 39 ( #h 2 H 6 La- i , Alk • . n /. l • L • PQW �, . = • i .I �l r • L 1 ' ii i r �../ . . s .i�a.tt���� /ji I • My /ON lug 1�i � r rMUM r S/:IL_ L/ t L i .vALI WRT.0 � �r ,� fit•. �►' n��l � _ � I_�. �_ _� /fir/ � � � -fills. 11.E Ll Z �A_rzprj .O • r _. / amid WEEK r .� WE JIMA% llvwr r % ./ .I��� �i MAIER OVA M2 M!WMEW - I ME Is Am" • Will .. MOM n1lill-P&M MR., Lye I WiF yr �,J.���_ ►,�' �_ WE �I: l Fr ♦� I / I AN FA RWR Mal ilk • _ �'fI I WN.11 011 pilM Ml�i ' one • �1G.iG�i/11l • r • J �'. m HVIO, r .dam , FT 00 W �i�1if1►al �' - v G pillill i �- ee I N C.,M-1,IR _ , WAM A AwPAVI p NOW ► \ �� 400, . E , g r� WIN MINE r , - ' f �Mff� ILA i WAY I awl MORE M. _ ,INRO 2 %� I� •• � MAMA IVA it ► J ./ L= i M� WE, THE UNDERSIGNED RESIDENTS OF HUNTINGTON BEACH ARE IN FAVOR OF THE OPENING OF A TATTOO ESTABLISHMENT WITHIN OUR CITY AND SIGN THIS PETITION AS PROOF OF OUR SUPPORT. �h�ne NAME ADDRESS AGE 1-1 Do t,. c. �A *' I\3 N,.y ;�1--3 Iv Z 1 ---- - (�- i . I cay Cur e fie 1f � L{C)`A =(f, 14 � iCA � 1 :TU d" lM e_In t- 2 .5 02 6 2,24 ,s l %Ifo r. k c i vlw J ' - ----- � 0�, / ' ��a,�/TiL<Tary sr 2 --- - v��✓ 1PF6 2on Af --- d � Aj -- --- IA 6 A I L tr ;PA�, 4WL It .'�._�,. ...}.•. •,,,ram ` -- _. _ Aaglo,,24 CA3 � lAf- - � 1 (c) • lir � iL. .A WE 1p -. i LAWS • .L<< /i � WE, THE UNDERSIGNED RESIDENTS OF HUNTINGTON BEACH ARE IN FAVOR OF THE OPENING OF A TATTOO ESTABLISHMENT WITHIN OUR CITY AND SIGN THIS PETITION AS PROOF OF OUR SUPPORT. NAME ADDRESS AGE A CWl ,p ljn� ��---- r 2 5 .Z' rd—) ct z � i i i i n 1 1 --1 �74ycll-\'pl h � I-V �!2ckk Vi ll Ike I �� 4 � �1 I_. . _ r �T Li �+Li� - � - rr�i�►� ` � • ' • ` ' ' • • • • ' WOOD ININSM 1A I / r M � � r r tsar► `_ il"i►rMGi i t I!� FIRM 01 ,11, MA 024 w /4 M K 2 Two,Am :�/, �fi��I �l. 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