HomeMy WebLinkAbout2 - CUP 11-7 1500-F Pacific Coast Hwy (Tattoo Studio)August 17, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
GENERAL DESCRIPTION
Applicant:
Owner:
Location:
Classification of Property:
Request:
Environmental Review:
Code Sections:
Recommendation:
TIMOTHY SEAN SHELTON
DENNIS SWING
1500 -F PACIFIC COAST HIGHWAY
GENERAL COMMERCIAL (GC)
FOR A CONDITIONAL USE PERMIT TO ESTABLISH A TATTOO
STUDIO WITHIN THE GENERAL COMMERCIAL (GC) ZONE AT
1500 -F PACIFIC COAST HIGHWAY.
PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15301 — THIS PROJECT IS CATEGORICALLY
EXEMPT FROM CEQA REVIEW.
SECTIONS 11.2.10.010; 11.4.65; AND 11.5.20 OF THE SEAL
BEACH MUNICIPAL CODE
APPROVE CUP 11 -7, SUBJECT TO CONDITIONS OF APPROVAL
AS RECOMMENDED BY STAFF AND AS MAY BE FURTHER
REVISED BY THE COMMISSION AFTER CONSIDERING PUBLIC
TESTIMONY, THROUGH THE ADOPTION OF PLANNING
COMMISSION RESOLUTION 11 -20.
Z: \Conditional Use Permits \CUP 11 -7 1500 -F Pacific Coast Highway (Tattoo Studio) \CUP 11 -7 1500 -F Pacific Coast Highway
(Tattoo Studio) PC Staff Report.doc
Planning Commission Staff Report
Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
FACTS
❑ On June 22, 2011, Timothy S. Shelton ( "the applicant ") filed an application for
Conditional Use Permit 11 -7 with the Department of Development Services.
❑ The applicant is requesting a Conditional Use Permit (CUP) for the
establishment of a tattoo studio within the General Commercial (GC) zone at
1500 Pacific Coast Highway, Suite F.
❑ Tattoo studios are a conditionally permitted use within the General Commercial
(GC) zone.
❑ The subject property is located within the neighborhood generally referred to as
"Old Town ".
❑ The subject lease space is approximately 858 square feet in area and is located
on the second floor of a larger retail /office complex at 1500 Pacific Coast
Highway.
❑ Surrounding land uses and zoning are as follows:
NORTH: Pacific Coast Highway; residential uses within the Residential Low
Density (RLD -9) zone.
SOUTH: Residential uses within the Residential High Density (RHD -20)
zone.
WEST: Commercial uses within the General Commercial (GC) zone;
residential uses within the Residential High Density (RHD -20) zone.
EAST: Commercial uses within the General Commercial (GC) zone.
❑ As of August 11, 2011, 2011, Staff has received one forwarded email, in
response to the public hearing notices that were mailed and published regarding
this application.
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Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
DISCUSSION
.44,114,4■11,7.13.17.
Prior to the adoption of Title 11, the Zoning Code was silent with regard to the
establishment and operation of tattoo studios within any areas of the City. As tattoo art
has become more prevalent within mainstream society in recent years, a provision was
added to Title 11 to allow tattoo studios as a conditionally permitted use within the
General Commercial (GC) zone.
Moreover, in September 2010, the U.S. Court of Appeals for the Ninth Circuit, which
includes California, ruled that tattoos are a form of protected free expression under the
First Amendment of the United States Constitution and that cities therefore cannot
completely ban tattoo studios. This ruling was in response to an ordinance enacted by
the City of Hermosa Beach, CA, that completely prohibited tattoo studios, due to what
the city believed to be the potential health hazards caused by unsanitary tattoo
practices. This ruling does not, however, preclude cities from implementing reasonable
zoning restrictions such as a conditional use permit requirement.
The Planning Commission may issue Conditional Use Permits for certain identified
uses that require special consideration to ensure that they can be designed, located,
and operated in a manner that will be compatible with surrounding uses and not
interfere with the use and enjoyment of properties in the vicinity.
The two primary issues for the Planning Commission to consider, with regard to the
subject request, are compatibility with surrounding land uses and the applicant's ability
to comply with the requirements of the Seal Beach Municipal Code, as they relate to the
establishment and operation of tattoo studios, as well as the County of Orange and
State of California health care codes regarding business operations at a tattoo
establishment.
Within Seal Beach, tattoo establishments are subject to extensive municipal code
requirements regarding maintenance of the premises and equipment, the sourcing or
dyes and inks, sterilization practices, cleanliness, health conditions of both customers
and operators, and penalties (by misdemeanor) for failing to conform to the regulations
established under Chapter 11.4.65 of the Municipal Code. Tattoo establishments are
regulated and inspected for compliance with the Municipal Code by the staff of the
Environmental Health Division of the County of Orange Health Care Agency. Recent
state legislation requires all practitioners of "body arts ", including tattooing, body
piercing, and application of permanent cosmetics, within the County of Orange to
register with the OC Health Care Agency. A Registered Environmental Health
Specialist (REHS) coordinates registration of each tattoo artist with County, performs
yearly random inspections to verify compliance with regulations, and assists the City in
responding to complaints regarding tattoo establishments. During this yearly
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1500 -F Pacific Coast Highway
August 17, 2011
inspection, the REHS tests equipment and inspects for general cleanliness and sanitary
conditions.
The subject business is being proposed within an existing commercial /retail center in
the GC zone. Staff believes that the business is compatible with the surrounding area,
as it is proposed to be located within an established commercial district that presently
contains other commercial retail and personal service uses. Staff also believes that the
proposed tattoo establishment, if properly conditioned, would not create an undue
amount of noise, traffic, or adverse impacts to adjacent businesses.
The proposed interior layout is similar to that of other personal service type uses.
There is a demising wall between the work stations and the reception /waiting area
which provides a degree of privacy, but since there is a permanent opening between
the rooms, they are not completely private and there is no door or partition available to
make them completely private. Staff suggests that any area or room where tattooing is
performed remain partially open and not be made completely private. Additionally, Staff
recommends that any patrons or their companions be required to remain inside the
building within the reception /waiting area while they are waiting to be served and that no
one be allowed to wait outside of the premises.
Staff believes that because of the strict local and state regulations and inspection
criteria that tattoo establishments must operate under, as well as the conditions that are
proposed to be placed on the requested use permit, the use would not have an adverse
impact on the surrounding businesses or neighborhood at large.
RECOMMENDATION I
Staff recommends that the Planning Commission, after considering all relevant
testimony, written or oral, presented during the public hearing, approve CUP 11 -7 for
the establishment of a tattoo studio at 1500 -F Pacific Coast Highway.
Staff's recommendation is based on the following:
❑ Conditional Use Permit 11 -7, as conditioned regarding business operations, is
consistent with the provisions of the Land Use Element of the City's General
Plan, which provides a General Commercial zoning designation for the subject
property, encourages a mix of land uses, including offices, businesses, and retail
stores to serve local residents and visitors, and permits tattoo establishments
subject to the issuance of a Conditional Use Permit;
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August 17, 2011
❑ Conditional Use Permit 11 -7 is also consistent with the remaining elements of
the City's General Plan, as the policies of those elements are consistent with,
and reflected in, the Land Use Element;
❑ The proposed use is permitted within the applicable zoning district, subject to the
approval of a Conditional Use Permit, and as proposed to be conditioned, will
comply with all other applicable provisions of the Municipal Code;
❑ The project site and lease space is physically adequate for the type, density, and
intensity of use being proposed, including the provision of services and the
absence of physical constraints;
❑ The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect uses and properties in the
surrounding neighborhood and;
❑ The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare of
persons residing or working in the vicinity of the proposed use.
Approval of Conditional Use Permit 11 -7 should be through the adoption of Resolution
No. 11 -20.
For: August 17, 2011
J-fo e olivera, AICP
lanner - Department of Development Services
Attachments: (4)
Attachment 1:
Resolution Number 11 -20 — A Resolution of the Planning
Commission of the City of Seal Beach, approving
Conditional Use Permit 11 -7 for the Establishment of a
Tattoo Studio at 1500 -F Pacific Coast Highway, Seal Beach
Attachment 2: Copy of Chapter 11.4.65 — Tattoo Establishments
Attachment 3: Forwarded email received in opposition to CUP 11 -7
Attachment 4: Project Plans
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Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
ATTACHMENT 1
RESOLUTION 11 -20 - A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF
SEAL BEACH, APPROVING CONDITIONAL USE
PERMIT 11 -7 FOR THE ESTABLISHMENT OF A
TATTOO STUDIO AT 1500 -F PACIFIC COAST
HIGHWAY, SEAL BEACH
Planning Commission Staff Report
Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
RESOLUTION NUMBER 11 -20
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING CONDITIONAL USE PERMIT NO.
11 -7, FOR THE ESTABLISHMENT OF A TATTOO
STUDIO AT 1500 -F PACIFIC COAST HIGHWAY,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On June 22, 2011, Timothy S. Shelton ( "the applicant ") filed an
application for Conditional Use Permit (CUP) 11 -7 with the Department of Development
Services.
Section 2. The applicant is requesting a CUP for the establishment of a tattoo
studio within the General Commercial (GC) zone at 1500 -F Pacific Coast Highway.
Section 3. Pursuant to 14 Calif. Code of Regs. § 15301, staff has determined
as follows: The application for Conditional Use Permit 11 -7 for the requested land use
entitlements at a proposed tattoo studio is categorically exempt from review pursuant to
the California Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on August 17, 2011, to consider the application for Conditional Use Permit
No. 11 -7. At the public hearing the Planning Commission received written and oral
evidence on the proposed project.
Section 5. The record of the public hearing of August 17, 2011 indicates the
following:
a. On June 22, 2011, the applicant filed an application for Conditional Use
Permit 11 -7 with the Department of Development Services.
b. The applicant is requesting approval to establish a tattoo studio within the
General Commercial (GC) at 1500 -F Pacific Coast Highway.
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1500 -F Pacific Coast Highway
August 17, 2011
c. The subject property is located within the area commonly known as "Old
Town ".
d. The subject lease space is approximately 858 square feet in area and is
located on the second floor of a larger retail /office complex at the subject location.
e. Surrounding land uses and zoning are as follows:
NORTH: Pacific Coast Highway; residential uses within the
Residential Low Density (RLD -9) zone.
SOUTH: Residential uses within the Residential High Density
(RHD -20) zone.
WEST: Commercial /Retail uses within the General
Commercial (GC) zone; residential uses within the
Residential High Density (RHD -20) zone.
EAST: Commercial uses within the General Commercial
(GC) zone.
f. As of August 11, 2011, Staff has received one forwarded email opposing
the request, in response to the public hearing notices that were mailed and published
regarding the subject application.
Section 6. Based upon the facts contained in the record, including those
stated in §5 of this resolution and pursuant to Chapters 11.2.10.010; 11.4.65; and
11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the
following findings:
a. CUP No. 11 -7, as conditioned regarding business operation, is consistent
with the provisions of the Land Use Element of the City's General Plan,
which provides a Commercial - General designation for the subject
property, encourages a mix of land uses, including offices, businesses,
and retail stores to serve local residents and visitors;
b. Conditional Use Permit 11 -7 is also consistent with the remaining
elements of the City's General Plan, as the policies of those elements are
consistent with, and reflected in, the Land Use Element;
c. The proposed use is permitted within the applicable zoning district,
subject to the approval of a Conditional Use Permit, and as proposed to
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Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
be conditioned, will comply with all other applicable provisions of the
Municipal Code;
d. The project site and lease space is physically adequate for the type,
density, and intensity of use being proposed, including the provision of
services and the absence of physical constraints;
e. The location, size, design, and operating characteristics of the proposed
use will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood and;
f. The establishment, maintenance, or operation of the proposed use at the
location proposed will not be detrimental to the health, safety, or welfare
of persons residing or working in the vicinity of the proposed use.
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 11 -7, subject to the following conditions:
1. Conditional Use Permit 11 -7 is approved for an approximately 858 square foot
tattoo studio within the General Commercial (GC) zone at 1500 -F Pacific Coast
Highway.
2. The hours of operation for the premises shall be 10:00 a.m. to 10:00 p.m., seven
days a week.
3. The applicant shall hereby comply with all requirements enumerated within
Chapter 11.4.65 of the Seal Beach Municipal Code, regarding the operation of a
tattoo establishment.
4. The applicant shall hereby comply with all pertinent laws, requirements, and
guidelines of the County of Orange and the State of California regarding tattoo
establishments.
5. Only owners, operators, and employees of the establishment are allowed to
enter the sterilization room, as shown on the subject floor plan.
6. All patrons must be 18 years of age or older and provide government issued
photo identification to receive any of the services provided at the business
premises.
7. No persons under the age of 18 shall enter upon or be allowed to remain upon
the premises unless in the company of a parent or legal guardian. The premises
shall have signs posted in at least two prominent locations, subject to the
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1500 -F Pacific Coast Highway
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approval of the Department of Development Services, which shall read: "No
persons under the age of 18 shall be permitted on the business premises unless
accompanied by a parent or legal guardian ".
8. No persons suspected of being intoxicated with alcohol or under the influence of
any controlled substance shall be allowed within the business premises.
9. The sales, consumption, or use of any alcoholic beverages or controlled
substances shall be prohibited within the business premises.
10. No coin - operated video games or other amusement devices shall be permitted
within the business premises.
11. All artists operating at the business location shall be properly registered through
the State of California and the County of Orange.
12. The property owner and business owner shall grant access at any time by the
County of Orange Health Care Agency, the Seal Beach Police Department, or
the Department of Development Services personnel for the purpose of
inspecting the premises to verify compliance with all applicable conditions of
approval, state laws, and /or all local and county ordinances.
13. Upon any change in ownership of the business, the business owner(s) are
subject all conditions listed under CUP 11 -7 and shall notify the Seal Beach
Police Department and City of Seal Beach of the ownership change.
14. Any areas within the business where tattooing is performed shall remain partially
open and shall not be made completely private.
15. Any business patrons and their companions shall remain inside the building
while they are waiting to be served. No persons shall be allowed to wait within
the walkways or exterior areas immediately adjacent to the business premises.
16. The interior areas of the business premises shall be illuminated at all times while
the business premises are occupied, at a level that will allow clear and distinct
identification of individuals inside the business premises.
17. No smoking shall be permitted inside the business.
18. No commercial deliveries or trash disposal activities may occur in association
with the operation of this business facility between the hours of 10:00 P.M. and
7:00 A.M
19. The establishment shall have a public telephone listing.
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20. No neon signage or other illuminated signage directed towards the exterior of the
business premises shall be allowed at any time. All proposed business signage
shall be subject to approval of the Department of Development Services.
21. Any conviction of a Business & Professions code or Penal code section arising
from the ownership or operation of the establishment shall be sufficient grounds
to suspend or revoke this Conditional Use Permit.
22. In the event staff determines security problems exist on the site, the Conditions
of this permit may be amended, under the procedures of The Code of the City of
Seal Beach, to require the provision of additional security measures.
23. The establishment shall comply with Chapter 7.15, "Noise" of the City of Seal
Beach Municipal Code, as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise
generated by the establishment, the Planning Commission reserves the right to
schedule this permit for reconsideration and may require the applicant/business
operator to mitigate the noise level to comply with the provisions of Chapter 7.15.
24. If there are substantial adverse impacts on Police Department services and /or in
the event that the Police Chief or designee determines that a significant increase
in police service has resulted due to the operations of the establishment, the
Police Chief or designee at any time may request a public hearing before the
Planning Commission to modify the conditions of approval including, but not
limited to, the hours of operation or revocation of this Conditional Use Permit.
25. A modification of this Conditional Use Permit shall be applied for when:
a. The establishment proposes to modify any of its current Conditions of
Approval.
b. There is a substantial change in the mode or character of operations of
the establishment.
26. This Conditional Use Permit shall become null and void unless exercised within 1
year of the date of final approval, or such extension of time as may be granted
by the Planning Commission pursuant to a written request for extension
submitted to the Department of Development Services a minimum of 90 days
prior to such expiration date.
27. This Conditional Use Permit shall not become effective for any purpose
unless /until a City "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Development Services, or notarized
and returned to the Planning Department; and until the 10 calendar -day appeal
period has elapsed.
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Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
28. After six months from the commencement of business operations, Staff shall
report back to the Planning Commission as to whether there have been any
police calls for service, reports of disturbing the peace, or other reports of
nuisances or disruptions within the neighborhood resulting from the business
operation. If such events have occurred, Staff may schedule a public hearing
before the Planning Commission to modify the conditions of approval including,
but not limited to, the hours of operation or revocation of this Conditional Use
Permit.
29. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
30. Failure to comply with any of the aforementioned conditions may result in the
revocation of this Conditional Use Permit.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2011, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSTAIN:
Commissioners
ABSENT:
Commissioners
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Planning Commission Staff Report
Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
Sandra Massa -Lavitt
Chairwoman of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission
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1500 -F Pacific Coast Highway
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ATTACHMENT 2
COPY OF CHAPTER 11.4.65 - TATTOO ESTABLISHMENTS
14
Chapter 11.4.65
Tattoo Establishments
§ 11.4.65.005 Permit Requirement.
A Conditional Use Permit is required to establish a tattoo establishment pursuant
to Chapter 11.5.20: Development Permits.
§ 11.4.65.010 Definitions.
As used In the Chapter, unless the context otherwise requires, the following
terms shall have the meanings ascribed to them respectively.
A. Health Officer: that person or office designated by order of the City
Council of the City or by contract approved by the 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 or 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.
E. Tattoo Establishment: any 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.
§ 11.4.65.015 Location.
Tattoo establishments shall be located a minimum distance of 1,000 feet from
other tattoo establishments.
§ 11.4.65.020 License Requirements.
Tattoo establishments shall have all licenses required by the State, County or
City.
Title 11- Part IV - page 227
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
§ 11.4.65.025 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 the purposes of this
paragraph a floor shall not be considered clean if it has not been swept and
mopped within the preceding 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.
E. No tattooing establishment shall be used as a sleeping room or
dormitory.
§ 11.4.65.030 Source of Dyes and Inks.
A. Proprietors 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.
§ 11.4.65.035 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 lubes, 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 of needle barrels shall be brushed. After cleaning, equipment shall be
thoroughly rinsed under running fresh tap water.
Title 11 - Part IV - page 228
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
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 antiseptic 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.
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.
§ 11.4.65.040 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 pre - cleaned and disinfected in the
following manner:
A. Each stencil must be pre - cleaned by being scrubbed with soap and
brush to the extent necessary to remove any accumulations of carbon and
Vaseline in the etched grooves of the stencil.
B. Each stencil, after being pre - cleaned and dried, must be disinfected
by being soaked, design -cut side down, in a closed container of 70% alcohol for
not Tess than 30 minutes at room temperature.
Title 11- Part IV - page 229
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
C. Each stencil, after being disinfected, shall be air dried for not less
than 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.
§ 11.4.65.045. Tattooing Operations.
All tattoo establishments shall comply with the following operation standards.
A. 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.
B. 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.
C. Health Conditions of Operator. No tattooing operations shall be
performed unless the operator is free of communicable diseases and pustular
skin lesions.
D. Smoking. No operator shall smoke while performing a tattooing
operation.
E. Apparel of Operator. The operator must wear a clean, light -
colored, short- sleeved smock while performing the tattooing operation.
F. Cleanliness of Operator. No operator shall perform a tattooing
operation with unclean hands. For purpose of this paragraph hands shall not be
considered clean unless they have been thoroughly 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 gloves while handling
needles or blades, or doing any procedure that may cause bleeding. Gloves
shall be discarded between each customer.
G. 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 unless the blade holder has
been autoclaved since its previous use.
Title 11- Part IV - page 230
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
H. Skin Preparation. No tattooing operation shall be performed
unless the skin is adequately prepared prior to the operation. For purposes of
this paragraph, skin shall be considered adequately prepared if it is thoroughly
washed with soap following shaving and thereafter scrubbed gently 3 times with
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.
1. Use of Stencils. No tattooing operation involving the use of
stencils shall be performed unless all of the following requirements have been
complied with:
1. Each stencil must be precleaned pursuant to Section
4.65.040: Maintenance of Stencils.
2. Each stencil, having been precleaned, must be wiped with
sterile gauze soaked in 70% alcohol and air dried immediately prior to its use, in
the tattooing operation.
3. 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 sterile gauze which has not previously been
used.
J. Use of Approved Dyes. 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 11.4.65.030: Source of Dyes and Inks.
K. Use of Sterile Dyes. No tattooing operation shall be performed
unless the following requirements have been complied with:
1. The dye or ink used for the tattoo must be obtained from pre -
sterilized dye or ink bottles and, prior to the tattooing operation, aseptically
transferred from such bottles into sterile paper cups which have not previously
been used in any tattooing operation. No refilling of the dye cup is permitted.
2. No dye or ink shall be used in which needles used on
another person have been dipped.
L. 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 11.4.65.035: Maintenance of Pigments, Dyes and
Equipment.
Title 11- Part IV - page 231
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
M. Discarding of Certain Equipment. Operators shall discard the
following items immediately alter use in any tattooing operation:
1. Blades used in shaving;
2. Tubes and gauze used in application of petroleum jelly used
for stencils; and
3. Paper cups used for dye or ink.
§ 11.4.65.050 Inspections; Health Services Fee Schedule.
The County Health Officer shall periodically make inspections of tattooing
establishments located in the City to determine if the proprietor or operator of
such establishment is complying with the provisions of this Chapter. The County
shall, by annual 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 such
services related to this Chapter.
Title 11- Part IV - page 232
City of Seal Beach Municipal Code Ord. No. 1598
October 11, 2010
Planning Commission Staff Report
Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
ATTACHMENT 3
FORWARDED EMAIL RECEIVED IN
OPPOSITION TO CUP 11 -7
Mark Persico
From:
Sent:
To:
Cc:
Subject:
Ellery Deaton
Tuesday, August 02, 2011 7:37 PM
Peggy Morrison
David Everson; Mark Persico; Linda Devine; Jill Ingram
Re: tattoo parlor
Hi, Peggy. I'm sorry you won't be able to attend the Planning Commission Meeting. I am
forwarding your email to Dave Everson, our Planning Commissioner, Mark Prrsico, the
Planning Director and Linda Devine, the City Clerk so it will be part of the record before
the Commission.
Yours,
Eliery
Sent from my iPhone
On Aug 2, 2011, at 2:16 PM, Peggy Morrison • wrote:
> Today I received 2 notices of a public hearing concerning CUP 11 -7. I will not be able
to attend but please note and forward my comments.
> Will this business serve the needs of the residents of Seal Beach: No.
> Does it fit the business mix in old town:No.
> There are tattoo studios in Sunset Beach and Long Beach. Anyone wishing a tattoo can
patronize those places. If this CUP is granted, I suggest a 3 month period to re evaluate.
> P. Morrison
1
Planning Commission Staff Report
Conditional Use Permit 11 -7
1500 -F Pacific Coast Highway
August 17, 2011
ATTACHMENT 4
PROJECT PLANS