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HomeMy WebLinkAbout3. PLN-22-00020 Zone Text AmdmtSTAFF REPORT PLANNING DIVISION DATE: FEBRUARY 16, 2022 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER SUBJECT: PLN-22-00020 (ZONE TEXT AMENDMENT) – A REQUEST TO AMEND ARTICLE 9 OF THE DOWNEY MUNICIPAL CODE REGULATING BODY ART ESTABLISHMENTS AND CLARIFYING LANGUAGE RELATED TO HOME OCCUPATIONS LOCATION: CITYWIDE – COMMERCIAL ZONES ZONING: CITYWIDE – COMMERCIAL ZONES REPORT SUMMARY Presently, Article IX (Land Use) is silent on body art establishments and does not mention them as either permitted or prohibited uses. The proposed amendment would bring the City’s Zoning Code into compliance with State of California laws regulating body art establishments. In addition, staff has included clarifying language for the operation of home occupations. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO TITLE IX (“LAND USE”) TO PROHIBIT SPECIFIED ACTIVITIES AS HOME OCCUPATIONS AND TO AUTHORIZE BODY ART FACILITIES IN THE COMMERCIAL ZONES OF THE CITY OF DOWNEY (PLN- 22-00020) BACKGROUND On September 9, 2010 the Ninth Circuit Court of Appeals decided Anderson v City of Hermosa Beach and held that the process and business of tattooing are pure forms of expression fully protected by the First Amendment. According to the Court, although the City of Hermosa Beach had significant health and safety interests in regulating the tattoo studios, a complete prohibition was unreasonable because it was substantially broader than necessary to achieve the city’s health and safety goals. PC Agenda Page 1 Zone Text Amendment (Tattoo) - PLN-22-00020 February 16, 2022 - Page 2 Regulations for tattoo studios have changed substantially over the years. Currently, all tattoo studios must adhere to rules set by the Occupational Safety and Health Administration (OSHA) and Centers for Disease Control & Prevention (CDC). Tattoo studios are subject to such regulations simply because the nature of their work involves shedding blood. In addition to the federal oversight, the California Health and Safety Code also established sterilization, sanitation, and safety standards for persons engaging in the business of tattooing, body piercing, or permanent cosmetics. The Ninth Circuit Court decision determined that tattooing is now considered a form of artistic expression that deserves protections under the First Amendment, and zoning ordinances that prohibit tattoo parlors are unconstitutional and in need of being updated. The Downey Municipal Code does not specifically prohibit tattoo establishments; however, the commercial land use table of the Zoning Code states that if a use is not listed then it is not permitted. As such, the proposed Ordinance has been prepared to update the Zoning Code and establish appropriate operating standards. DISCUSSION The proposed amendment would permit body art facilities in the City’s commercial zones and be treated similarly as “Personal Services” uses within commercial areas throughout the City. All zones within the City that allow “Personal Services” will allow tattoo establishments subject to specific operational standards outlined in the Ordinance. Body Art or Tattoo facilities would be permitted in the following commercial zones. The Zoning Code will be further amended to clarify that tattoo and other sensitive uses are allowed only in commercial zones and prohibited in residential zones. As such, the Home Occupation regulations within the Zoning Code will be amended to specifically prohibit tattoo establishments as home occupations in residentially zoned areas. Upon preparation of these home occupation provisions, staff felt it was prudent that the amendment also provide additional clarifying language for the existing operational standards that apply to Home Occupations throughout the City. The clarification should serve to further facilitate the Home Occupation process and continue to preserve the character of residential neighborhoods. ENVIRONMENTAL ANALYSIS The Planning Commission further finds, determines and declares that the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorically exempt from CEQA, pursuant to Guideline Section 15061 (b)(3), Review for Exemption. The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. FINDINGS Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted prior to the City approving the Zone Text Amendment. A discussion of the findings follows: PC Agenda Page 2 Zone Text Amendment (Tattoo) - PLN-22-00020 February 16, 2022 - Page 3 A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed Zone Text Amendment is necessary and desirable for the development of the community and is in the interest of furthering public health, safety, and general welfare. The development of the community is achieved through the continuous update of the municipal code in an effort to provide adequate land use regulations where needed. Specific to this application, body art establishments are being introduced as permitted uses in the Commercial zones, subject to specific operational standards, in order to comply with State of California Health and Safety Codes. The proposed Zone Text Amendment will also provide clarifying language for the existing operational standards that apply to Home Occupations throughout the City. The clarification should serve to further facilitate the Home Occupation process and continue to preserve the character of residential neighborhoods and protect the public health, safety, and general welfare. The implementation of operational standards will reduce the possibility of such establishments from posing a nuisance to adjacent commercial uses. B. The proposed amendment is in general conformance with the General Plan. The proposed Zone Text Amendment is in conformance with all applicable objectives, policies, and programs specified in the City’s General Plan. Specifically, the proposed amendment will permit and regulate Body Art Establishments, while at the same time creating job opportunities in the City. The proposed Zone Text Amendment is consistent with the following policies established in the Land Use Section of the General Plan: Policy 1.1.1. – Maintain a balance of land uses Policy 1.1.3. – Provide an appropriate amount of land area for business and employment Policy 1.3.1 – Minimize or eliminate conflicts where incompatible land uses are in proximity to each other. Policy 1.3.2. – Monitor and address changes in land use trends. The Zone Text Amendment recognizes a change in current land uses, and is carried out in an attempt to remain up-to-date with these changes. New and evolving uses are continuously introduced to the city, and it remains a responsibility to analyze and determine the viability of these uses in the City of Downey. The proposed Zone Text Amendment also promotes the above-mentioned policies by permitting body art facilities to be located in the commercial zones of the City, subject to specific operational standards, and will require that these facilities comply with the State of California Health and Safety Codes related to body art establishments. Lastly, the clarifying language to the operational standards of Home Occupations will maintain the residential character of the City’s residential neighborhoods by prohibiting uses that may negatively impact adjacent properties. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. PC Agenda Page 3 Zone Text Amendment (Tattoo) - PLN-22-00020 February 16, 2022 - Page 4 CONCLUSION Based on the analysis contained in this report, the proposed Zone Text Amendment complies with all of the findings necessary to recommend approval to the City Council of Zone Text Amendment (PLN-22-00020). As such, staff recommends that the Planning Commission adopt the proposed Resolution recommending approval of the Zone Text Amendment to the City Council. EXHIBITS A. Proposed Planning Commission Resolution B. Draft Ordinance PC Agenda Page 4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE AN ZONE TEXT AMENDMENT TO THE DOWNEY MUNICIPAL CODE WHICH WOULD PROHIBIT SPECIFIED ACTIVITIES AS HOME OCCUPATIONS AND AUTHORIZE BODY ART AND TATTOO ESTABLISHMENTS IN THE COMMERCIAL ZONES OF THE CITY OF DOWNEY THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On February 3, 2022, notice of the pending application and public hearing was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and, B. The Planning Commission held a duly noticed public hearing on February 16, 2022, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution recommending that the City Council approve the Zone Text Amendment. SECTION 2. The Planning Commission further finds, determines and declares that the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorically exempt from CEQA, pursuant to Guideline Section 15061 (b)(3), Review for Exemption. The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Zone Text Amendment, the Planning Commission further finds, determines and declares that: 1. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare in that the proposed Zone Text Amendment is necessary and desirable for the development of the community and is in the interest of furthering public health, safety, and general welfare. The development of the community is achieved through the continuous update of the municipal code in an effort to provide adequate land use regulations where needed. Specific to this application, body art establishments are being introduced as permitted uses in the Commercial zones, subject to specific operational standards, in order to comply with State of California Health and Safety Codes. The proposed Zone Text Amendment will also provide clarifying language for the existing operational standards that apply to Home Occupations throughout the City. The clarification should serve to further facilitate the Home Occupation process and continue to preserve the character of residential neighborhoods and protect the public health, safety, and general welfare. The implementation of operational PC Agenda Page 5 standards will reduce the possibility of such establishments from posing a nuisance to adjacent commercial uses. 2. The proposed amendment is in general conformance with the General Plan in that the proposed Amendment is in conformance with all applicable objectives, policies, and programs specified in the City’s General Plan. Specifically, the proposed amendment will permit and regulate Body Art Establishments, while at the same time creating job opportunities in the City. The proposed Zone Text Amendment is consistent with the following policies established in the Land Use Section of the General Plan: Policy 1.1.1. – Maintain a balance of land uses Policy 1.1.3. – Provide an appropriate amount of land area for business and employment Policy 1.3.1 – Minimize or eliminate conflicts where incompatible land uses are in proximity to each other. Policy 1.3.2. – Monitor and address changes in land use trends. The Zone Text Amendment recognizes a change in current land uses, and is carried out in an attempt to remain up-to-date with these changes. New and evolving uses are continuously introduced to the city, and it remains a responsibility to analyze and determine the viability of these uses in the City of Downey. The proposed Zone Text Amendment also promotes the above-mentioned policies by permitting body art facilities to be located in the commercial zones of the City, subject to specific operational standards, and will require that these facilities comply with the State of California Health and Safety Codes related to body art establishments. Lastly, the clarifying language to the operational standards of Home Occupations will maintain the residential character of the City’s residential neighborhoods by prohibiting uses that may negatively impact adjacent properties. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey add the following definition to Section 9124 (“B” Definitions) of Chapter 1 (“General Provisions and Definitions) of Article IX of the Downey Municipal Code: Body Art: Body piercing, tattooing, branding, or application of permanent cosmetics as each of these terms are defined in California Business & Professions Code Section 119301, as that section may be amended from time to time. SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey amend the following definition to Section 9152 (“P” Definitions”) of Chapter 1 (“General Provisions and Definitions”) of Article IX (“Land Use”) of the Downey Municipal Code: Personal Services: A commercial land use providing recurrently needed services of a personal nature. Personal services generally include barbershops, beauty and nail salons (including permanent cosmetic facial shading), seamstresses, tailors, shoe repair shops, photo processing, and photographic studios. PC Agenda Page 6 SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey add “Body Art or Tattoo Facilities” to Table 9.3.5 of Section 9314.04 (“Commercial Zones Use Regulations”) of Chapter 3 (“Zones and Standards”) of Article IX (“Land Use”) of the Downey Municipal Code: Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions General Commercial Uses Body Art or Tattoo Facilities P P P P P P Subject to Section 9432 SECTION 7. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey amend Section 9408.08 (“Conditions”) of Section 9408 (“Home Occupations”) of Chapter 4 (“Regulations for Special Uses and Structures”) of Article IX (“Land Use”) of the Downey Municipal Code to read as follows: SECTION 9408.08. CONDITIONS No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with the following conditions: (a) Any person conducting a home occupation use shall have a current and valid business license pursuant to Article VI, Chapter 2 of this Code. (b) If the person conducting the home occupation is not the owner-of-record of the premises upon which the home occupation is being conducted (“Premises”), written consent from the owner-of-record shall be required prior to the issuance of any permit for the home occupation. (c) Home occupations shall only be authorized as accessory uses to a residential use and shall be clearly incidental and secondary to the use of the Premises for residential purposes. (d) The home occupation shall be conducted entirely and exclusively within the confines of the principal residential structure, except for horticulture activities which may be conducted outdoors. It is explicitly prohibited to utilize any garage or accessory structure except as authorized herein. (e) No residential structure shall be built or altered for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized from the exterior of the residential structure as a place where a home occupation is conducted (by materials, construction, color, lighting, signs, sounds, noise, vibrations, etc.). (f) The total floor area of the residential structure used for the home occupation (including for the storage of any material or equipment) shall not exceed the lesser of 10 percent or 250 square feet, other than for the parking of an automobile in accordance with the provisions of this Section. PC Agenda Page 7 (g) No portion of any residential structure shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use. (h) No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use. (i) No sign associated with the home occupation shall be displayed at the Premises, and there shall be no advertising which can be construed as encouraging customers, clients, or the public to visit the premises. (j) The address of the home occupation shall not be advertised in any advertisement, publication, or notice (including on social media), unless otherwise required by law. Business cards and letterhead are not included in this requirement. (k) No employee or person other than a verifiable permanent resident of the Premises shall be allowed to work, gather, or congregate on the Premises in connection with the home occupation, with the exception of cottage food operations as defined in California Health & Safety Code Section 113758. (l) Garages or carports, whether attached or detached, shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces, other than the parking or storage of an automobile in accordance with the provisions of this Section. (m) No merchandise, inventory, stock in trade, scrap, or other materials related directly or indirectly with or resulting from the operation of the home occupation may be stored at the Premises. Administrative supplies and equipment necessary for the home occupation may be stored solely within the residential structure or garage, so long as such storage otherwise adheres to the provisions of this Section. (n) No mechanical equipment, material, or other substance or object shall be used in conjunction with the home occupation which is not customarily used in a residence. (o) No storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas. Storage of any hazardous, toxic, or combustible materials must comply with all applicable laws and regulations. (p) The home occupation use shall not have utility services other than those required for normal residence use. (q) Only one (1) vehicle used in conjunction with a home occupation may be parked or stored at the Premises subject to the following restrictions: (1) The vehicle is registered with the California Department of Motor Vehicles to a permanent resident of the Premises. (2) The vehicle is of a passenger automobile variety or a light truck, not having a Gross Vehicle Weight Rating of more than eight thousand five hundred (8,500) pounds or exceeding twenty feet (20’) in length or eighty inches (80”) in width or eighty inches (80”) in height. Any vehicles that is registered with the Department of Motor Vehicles as a commercial vehicle – or that PC Agenda Page 8 otherwise constitutes a Commercial Vehicle as defined by California Vehicle Code Section 260, and that is used in conjunction with a home occupation at the Premises is explicitly prohibited from being parked or stored on any portion of the Premises- including within the garage. (3) The vehicle is parked inside of a lawfully constructed, fully enclosed garage structure. (r) The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, other than delivery services which are normally be expected to serve a residential neighborhood (e.g., United States Postal Service, United Parcel Service, Federal Express, etc.). (s) Noise generated by the home occupation shall not exceed that normally associated with residential use, and shall otherwise be subject to all other provisions of the Downey Municipal Code. No mechanical equipment shall be used if such equipment makes a noise that is perceptible beyond the boundaries of the Premises. (t) Persons with documented physical disabilities may be permitted special review by the City Planner, by filing a written request for a waiver of one or more conditions, or a portion thereof. Such request shall specify the condition(s) being sought to be waived and the reason(s) therefor. (u) The home occupation and that portion of the Premises being utilized for the home occupation shall be in compliance with all applicable laws – including applicable building, plumbing, electrical, mechanical, and health codes and regulations. All persons conducting or participating in the home occupation shall consent to and provide access for entry and inspections of the Premises by any person responsible for the enforcement of this Section or any other provision of law pertaining to the home occupation between the hours of 8 a.m. and 6 p.m. or any other hours during which the home occupation is being conducted, in order to verify compliance with the Home Occupation Permit, the provisions of this Section, or any other law, rule, or regulation applicable to the home occupation and Premises. SECTION 8. Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey add Section 9408.10 (“Prohibited Home Occupations”) to Section 9408 (“Home Occupations”) of Chapter 4 (“Regulations for Special Uses and Structures”) of Article IX (“Land Use”) of the Downey Municipal Code: SECTION 9408.10. PROHIBITED HOME OCCUPATIONS. The following uses shall not be permitted as a home occupation: (a) Adult Businesses (b) Animal training (c) Automotive repair (including body or mechanical), upholstering, painting, detailing, and washing – including, but not limited to, motorcycles, trucks, trailers, recreational vehicles, all-terrain vehicles (ATV’s), and trailers (d) Body art facilities PC Agenda Page 9 (e) Contractor storage yards (f) Personal services (g) Tow truck service (h) Other uses as determined by the City Planner/Community Development Director to be similar to those listed above, or which, by operation or nature, are not incidental to or compatible with residential activities. SECTION 9: Based upon the findings set forth in Sections 1 through 3 of this resolution, the Planning Commission of the City of Downey hereby recommends that the City Council of the City of Downey add Section 9432 (“Body Art or Tattoo Facilities”) to Chapter 4 (“Regulations for Special Uses and Structures”) of Article IX (“Land Use”) of the Downey Municipal Code: SECTION 9432. BODY ART OR TATTOO FACILITIES SECTION 9432.02. INTENT AND PURPOSE. It is the intent and purpose of this Section to regulate the operation of facilities that perform body art (including tattooing) to provide for the health, safety, and welfare of the public and to ensure compliance with California Health & Safety Code section 119300 et seq. SECTION 9432.04. FACILITY REQUIREMENTS. (a) No person shall establish or operate any body art facility without a current and valid Public Health Permit, as issued by the County of Los Angeles Department of Public Health. (b) Every body art facility shall have a sign posted on each entrance utilized by patrons stating that no person under the age of eighteen (18) years is allowed on site unless accompanied by their parent or legal guardian. (c) No operator of a body art facility (including any owner, manager, or other person in control) shall allow any person who is not registered with the County of Los Angeles Department of Public Health to perform body art at the facility. (d) Every operator of a body art facility (including any owner, manager, or other person in control) shall post and display a certificate (as issued by the County of Los Angeles Department of Public Health) for each body art practitioner performing body art at the facility in a prominent area visible to patrons. (e) Every operator of a body art facility (including any owner, manager, or other person in control) shall strictly adhere to the Safe Body Art Act (as contained in California Health & Safety Code Sections 119300 et seq.), as that act may be amended from time to time. SECTION 9432.06. PRACTITIONER REGISTRATION. (a) No person shall perform body art without having registered with the County of Los Angeles Department of Public Health, and/or without maintaining a current and valid registration with the County of Los Angeles Department of Public Health. (b) No person shall perform body art at any facility for which a current and valid Public Health Permit has not been issued by the County of Los Angeles PC Agenda Page 10 Department of Public Health. (c) No person shall perform body art at any facility without having a current and valid certificate (as issued by the County of Los Angeles Department of Public Health) posted and displayed in a prominent area visible to patrons. (d) Every practitioner of body art shall strictly adhere to the Safe Body Art Act (as contained in California Health & Safety Code Sections 119300 et seq.), as that act may be amended from time to time. SECTION 10. Based upon the findings set forth in Sections 1 through 8 of this resolution, the Planning Commission recommends that the City Council of the City of Downey approve the Zone Text Amendment (PLN-22-00020), as proposed in Sections 4 through 8 of this Resolution. SECTION 11. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of February, 2022. _____________________ Patrick Owens, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 16th day of February, 2022, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: _______________________ Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 11 ORDINANCE NO. 22- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING TITLE IX (“LAND USE”) TO AUTHORIZE BODY ART FACILITIES IN THE COMMERCIAL ZONES OF THE CITY OF DOWNEY; TO ENHANCE THE CONDITIONS ON THE OPERATION OF HOME OCCUPATIONS; AND TO PROHIBIT SPECIFIED ACTIVITIES AS HOME OCCUPATIONS SECTION 1. Section 9124 (“B” Definitions”) of Chapter 1 (“General Provisions and Definitions”) of Title IX (“Land Use”) of the Downey Municipal Code is hereby amended to include the following: Body Art : Body piercing, tattooing, branding, or application of permanent cosmetics as each of these terms are defined in California Business & Professions Code Section 119301, as that section may be amended from time to time. SECTION 2. The definition of “Personal Services” set forth in Section 9152 (“P” Definitions”) of Chapter 1 (“General Provisions and Definitions”) of Article IX (“Land Use”) of the Downey Municipal Code is hereby amended to read as follows: Personal Services: A commercial land use providing recurrently needed services of a personal nature. Personal services generally include barbershops, beauty and nail salons (including permanent cosmetic facial shading), seamstresses, tailors, shoe repair shops, photo processing, and photographic studios. SECTION 3. Table 9.3.5 of Section 9314.04 (“Commercial Zones Use Regulations”) of Chapter 3 (“Zones and Standards”) of Article IX (“Land Use”) of the Downey Municipal Code is hereby amended to include the following: Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions General Commercial Uses Body Art or Tattoo Facilities P P P P P P Subject to Section 9432; Permitted in Specific Plan areas where Personal Service permitted subject to DMC Section 9432 SECTION 4. Section 9408.08 (“Conditions”) of Section 9408 (“Home Occupations”) of Chapter 4 (“Regulations for Special Uses and Structures”) of Article IX (“Land Use”) of the Downey Municipal Code is hereby repealed and a new Section 9408.08 (“Conditions”) is hereby added to read as follows: SECTION 9408.08. CONDITIONS No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with the following conditions: PC Agenda Page 12 (a) Any person conducting a home occupation use shall have a current and valid business license pursuant to Article VI, Chapter 2 of this Code. (b) If the person conducting the home occupation is not the owner- of-record of the premises upon which the home occupation is being conducted (“Premises”), written consent from the owner- of-record shall be required prior to the issuance of any permit for the home occupation. (c) Home occupations shall only be authorized as accessory uses to a residential use and shall be clearly incidental and secondary to the use of the Premises for residential purposes. (d) The home occupation shall be conducted entirely and exclusively within the confines of the principal residential structure, except for horticulture activities which may be conducted outdoors. It is explicitly prohibited to utilize any garage or accessory structure except as authorized herein. (e) No residential structure shall be built or altered for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized from the exterior of the residential structure as a place where a home occupation is conducted (by materials, construction, color, lighting, signs, sounds, noise, vibrations, etc.). (f) The total floor area of the residential structure used for the home occupation (including for the storage of any material or equipment) shall not exceed the lesser of 10 percent or 250 square feet, other than for the parking of an automobile in accordance with the provisions of this Section. (g) No portion of any residential structure shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use. (h) No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use. (i) No sign associated with the home occupation shall be displayed at the Premises, and there shall be no advertising which can be construed as encouraging customers, clients, or the public to visit the premises. (j) The address of the home occupation shall not be advertised in any advertisement, publication, or notice (including on social media), unless otherwise required by law. Business cards and letterhead are not included in this requirement. PC Agenda Page 13 (k) No employee or person other than a verifiable permanent resident of the Premises shall be allowed to work, gather, or congregate on the Premises in connection with the home occupation, with the exception of cottage food operations as defined in California Health & Safety Code Section 113758. (l) Garages or carports, whether attached or detached, shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces, other than the parking or storage of an automobile in accordance with the provisions of this Section. (m) No merchandise, inventory, stock in trade, scrap, or other materials related directly or indirectly with or resulting from the operation of the home occupation may be stored at the Premises. Administrative supplies and equipment necessary for the home occupation may be stored solely within the residential structure or garage, so long as such storage otherwise adheres to the provisions of this Section. (n) No mechanical equipment, material, or other substance or object shall be used in conjunction with the home occupation which is not customarily used in a residence. (o) No storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas. Storage of any hazardous, toxic, or combustible materials must comply with all applicable laws and regulations. (p) The home occupation use shall not have utility services other than those required for normal residence use. (q) Only one (1) vehicle used in conjunction with a home occupation may be parked or stored at the Premises subject to the following restrictions: (1) The vehicle is registered with the California Department of Motor Vehicles to a permanent resident of the Premises. (2) The vehicle is of a passenger automobile variety or a light truck, not having a Gross Vehicle Weight Rating of more than eight thousand five hundred (8,500) pounds or exceeding twenty feet (20’) in length or eighty inches (80”) in width or eighty inches (80”) in height. Any vehicles that is registered with the Department of Motor Vehicles as a commercial vehicle – or that otherwise constitutes a Commercial Vehicle as defined by California Vehicle Code Section 260, and that is used in conjunction with a home occupation at the Premises is explicitly prohibited from being parked or stored on any portion of the Premises- including within the garage. (3) The vehicle is parked inside of a lawfully constructed, fully enclosed garage structure. PC Agenda Page 14 (r) The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, other than delivery services which are normally be expected to serve a residential neighborhood (e.g., United States Postal Service, United Parcel Service, Federal Express, etc.). (s) Noise generated by the home occupation shall not exceed that normally associated with residential use, and shall otherwise be subject to all other provisions of the Downey Municipal Code. No mechanical equipment shall be used if such equipment makes a noise that is perceptible beyond the boundaries of the Premises. (t) Persons with documented physical disabilities may be permitted special review by the City Planner, by filing a written request for a waiver of one or more conditions, or a portion thereof. Such request shall specify the condition(s) being sought to be waived and the reason(s) therefor. (u) The home occupation and that portion of the Premises being utilized for the home occupation shall be in compliance with all applicable laws – including applicable building, plumbing, electrical, mechanical, and health codes and regulations. (v) All persons conducting or participating in the home occupation shall consent to and provide access for entry and inspections of the Premises by any person responsible for the enforcement of this Section or any other provision of law pertaining to the home occupation between the hours of 8 a.m. and 6 p.m. or any other hours during which the home occupation is being conducted, in order to verify compliance with the Home Occupation Permit, the provisions of this Section, or any other law, rule, or regulation applicable to the home occupation and Premises. SECTION 5. Section 9408.10 (“Prohibited Home Occupations”) is hereby added to Section 9408 (“Home Occupations”) of Chapter 4 (“Regulations for Special Uses and Structures”) of Article IX (“Land Use”) of the Downey Municipal Code to read as follows: SECTION 9408.10. PROHIBITED HOME OCCUPATIONS. The following uses shall not be permitted as a home occupation: (a) Adult Businesses (b) Animal hospitals or grooming facilities (c) Animal training (d) Automotive repair (including body or mechanical), upholstering, painting, detailing, and washing – including, but not limited to, motorcycles, trucks, trailers, recreational vehicles, all-terrain vehicles (ATV’s), and trailers (e) Body art facilities (f) Cabinet making and carpenter shops (g) Contractor storage yards PC Agenda Page 15 (h) Firearms manufacture, sales, or repair (i) Furniture refinishing or upholstery (j) Junkyards (k) Machine shop and tool repair (l) Personal services (m) Tow truck service (n) Welding or machine operation (o) Other uses as determined by the City Planner/Community Development Director to be similar to those listed above, or which, by operation or nature, are not incidental to or compatible with residential activities. SECTION 6. Section 9432 (“Body Art or Tattoo Facilities”) is hereby added to Chapter 4 (“Regulations for Special Uses and Structures”) of Article IX (“Land Use”) of the Downey Municipal Code to read as follows: SECTION 9432. BODY ART OR TATTOO FACILITIES SECTION 9432.02. INTENT AND PURPOSE. It is the intent and purpose of this Section to regulate the operation of facilities that perform body art (including tattooing) to provide for the health, safety, and welfare of the public and to ensure compliance with California Health & Safety Code section 119300 et seq. SECTION 9432.04. FACILITY REQUIREMENTS. (a) No person shall establish or operate any body art facility without a current and valid Public Health Permit, as issued by the County of Los Angeles Department of Public Health. (b) Every body art facility shall have a sign posted on each entrance utilized by patrons stating that no person under the age of eighteen (18) years is allowed on site unless accompanied by their parent or legal guardian. (c) No operator of a body art facility (including any owner, manager, or other person in control) shall allow any person who is not registered with the County of Los Angeles Department of Public Health to perform body art at the facility. (d) Every operator of a body art facility (including any owner, manager, or other person in control) shall post and display a certificate (as issued by the County of Los Angeles Department of Public Health) for each body art practitioner performing body art at the facility in a prominent area visible to patrons. (e) Every operator of a body art facility (including any owner, manager, or other person in control) shall strictly adhere to the Safe Body Art Act (as contained in California Health & Safety Code Sections 119300 et seq.), as that act may be amended from time to time. PC Agenda Page 16 SECTION 9432.06. PRACTICITIONER REGISTRATION. (a) No person shall perform body art without having registered with the County of Los Angeles Department of Public Health, and/or without maintaining a current and valid registration with the County of Los Angeles Department of Public Health. (b) No person shall perform body art at any facility for which a current and valid Public Health Permit has not been issued by the County of Los Angeles Department of Public Health. (c) No person shall perform body art at any facility without having a current and valid certificate (as issued by the County of Los Angeles Department of Public Health) posted and displayed in a prominent area visible to patrons. (d) Every practitioner of body art shall strictly adhere to the Safe Body Art Act (as contained in California Health & Safety Code Sections 119300 et seq.), as that act may be amended from time to time. SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this ____ day of ____________, 2022. BLANCA PACHECO, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk PC Agenda Page 17 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 22-______ was introduced at a Regular Meeting of the City Council of the City of Downey held on the ____ day of __________, 2022, and adopted at a regular meeting of the City Council of the City of Downey held on the ____ day of ___________, 2022, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 22- ______, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on ________________, 2022 (after introduction), and on ______________, 2022 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CMC City Clerk PC Agenda Page 18