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HomeMy Public PortalAboutOrdinance 06-9121 1 1 ORDINANCE NO. 06 -912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO ALLOWING PERMANENT MAKEUP IN CONJUNCTION WITH A BONA FIDE NAIL SHOP, BEAUTY SALON OR DAY SPA IN COMMERCIAL ZONES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the City Council Staff Report dated September 19, 2006; and Planning Commission Staff Reports dated January 24, 2006, May 9, 2006, June 23, 2006,and August 22, 2006, as well as information discussed at the Public Hearings on August 22, 2006 and September 19, 2006 to consider certain amendments to the Zoning Code, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: 1. While numerous beauty procedures are permitted in the City, currently, the Zoning Code is silent relative to Permanent Makeup use in the Commercial Zone; and 2. This Code Amendment would add text to permit this relatively new procedure of Permanent Makeup application in conjunction with a bona fide Beauty Salon, Nail Shop, or Day Spa; and 3. At this time, the City Council of the City of Temple City approves a Zoning Code Amendment to allow a Beauty Salon, Nail Shop, or Day Spa to perform Permanent Makeup application as an incidental use in commercial zones Citywide. SECTION 3. This project (amendments to the Temple City Zoning Code and the City's Downtown Specific Plan relative to permitting Permanent Makeup as an incidental use in a bona fide Beauty Salon, Nail Shop, or Day Spa) shall result in no significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial study as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 4. The Planning Commission hereby recommends that the following sections be added to the Temple City Zoning Code: ARTICLE IX CHAPTER 1 — ZONING CODE PART XIV — COMMERCIAL DISTRICTS SECTION 9380 GENERAL COMMERCIAL ZONE, C -2 B. ACCESSORY USES: The following uses shall be permitted as an incidental use: 1. Permanent Makeup; however, it shall only be permitted, if it is in conjunction with a permitted Beauty Salon. Nail Shop, or Day Spa. Additionally, they must comply with the following special standards and restrictions: Ordinance No. 06 -912 Page 2 a. "Permanent Makeup" shall be limited to the application of eyeliner, eyebrows, eye shadow, lipliner or jj color. b. The person applying for an Independent Service Provider business license shall provide the City with a certificate of training proving that they have completed a State for equivalent out of state) approved school, program, or course related to the application of permanent makeup. c. Each applicant shall require, on an annual basis, a Sheriff's Background check and any other applicable permitting procedure required by the Los Angeles County Sheriff's Department. d. The applicant shall provide proof that they have registered and passed all necessary inspections of the Los Angeles County Department of Health Services Environmental Health. e. There shall be no temporary or permanent signage visible from the exterior of the shop or place of business, which indicates that the business provides "tattooing ". And the business name shall not include any of the following words: Tattoo, Tattooing, or Tattoos. f. Permanent Makeup shall not be permitted as a primary use in any zone, except where Adult Businesses are permitted. g. The application of permanent makeup shall not be performed on minors or persons under the age of 18 without the consent of said minor's parent or guardian. h. Any business providing permanent makeup services shall be sub'ect but not limited to the following provisions of the Municipal Code: 4181.5 investigation, 3181.8 minimum operation requirements, 4181.11 hours of operation, 4181.12 hygiene, 4181.14 prohibited conduct. i. Any business that is found in violation or failing to comply with any of the special standards and restrictions specified in 9380.B.1.a — 9380.B.1.h., shall have their business license suspended and /or revoked. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published according to law. APPROVED AND ADOPTED on this 3`d day of October, 2006. ATTEST: Aiumi City Clerk O 1 1 1 1 1 1 Ordinance No. 06 -912 Page 3 I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 06 -912, was introduced at the regular meeting of the City Council of the City of Temple City held on the 19th day of September, 2006 and was duly passed, approved and adopted by said Council at their regular meeting held on the 3rd day of October, 2006 by the following vote: AYES: Councilmember - Arrighi, Gillanders, Wong, Wilson, Capra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None fretA City Clerk R q-e-4-r\obtice