HomeMy WebLinkAbout20190312_Applicant's Response to Luthin LetterMarch 10th, 2019
Written Response to letter written by Melinda Luthin, received on February 26th, 2019
I, Savaanah Gallegos, have thoroughly, reviewed the 18+ pages of “evidence” brought upon E Art
Gallery. This packet of information is the reason for City Council’s ultimate decision to return my
business proposal to be reviewed, once again, back to Planning Commission on March 21st, 2019. This
entire packet has also been thoroughly reviewed by the Orange County Health Department supervisor,
James Hendron, via phone call with Savaanah Gallegos. As well, this packet has been thoroughly
reviewed by “E Art Gallery’s” assigned Orange County Health Body Art inspector, Allison Mok. E Art
Gallery, also, underwent a site visit by the Newport Beach City Associate Planner Chelsea Crager and
Planning Supervisor, Gregg, shortly after this complaint was filed. E Art Gallery has been in touch with
the OC Health Department since May 2018. ALL necessary paper work demanded by the California Safe
Body Art Act, has been filed or drafted, and sent to OC Health Department, as of June 2018. Health
inspections and health permits are not issued by the OC Health Department of Body Art, until Minor Use
Permits are obtained. It is not a necessity to already have this paper work filed, nor have an assigned
body art inspector for the past year, but we wanted to make sure we have everything right, and get the
OC Health Department part-of-the-process done in the meantime of the process of obtaining our Minor
Use Permit, as it has been 8 months and counting.
E Art Gallery is to be an art gallery [show room] and creative space, that offers art classes and minimal
appointment only Body-Art services; limited to Tattoos.
As there were many things Ms. Luthin wrote that were correct and true, I will only comment on things
that are in bigger question of approving our Minor Use Permit, to save us all [reading] time.
Response to pages 1 & 4;
At this time, “E Art Gallery LLC” is pending with the California Secretary of State as of March 9th, 2019.
There has not been any type of business conducted at the proposed location and has only been utilized
as a creative space; painting, drawing and storage of art supplies. No art manufactured or created at this
location has been sold. We pay our lease here and our landlord, Jeff Brown, is very aware of our current
status with our permits and inspections.
Response to pages 3, 5, 13 & 14;
An “adult oriented business” permit is not necessary, as the models at my live figurative art classes will
not be nude models. All models will be fully clothed.
There has not been any figurative drawing classes conducted, by far. Typically, the figurative classes will
be designated for an older crowd [total of 7 artists] who is knowledgeable of the basics of art and who
can draw on their own. There is no prohibition of children present during tattoo appointments nor [non-
nude] live figurative art classes. The law is simply “119302. (a) Pursuant to Section 653 of the Penal
Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent
cosmetics application, regardless of parental consent.” E Art Gallery does not contribute to the
delinquency of minors. One-on-one art classes will be booked mostly with minors, with their parents’
consent. This is an opportunity for children, to have my undivided attention to focus and teach them
what they want to learn about art.
There are much art supplies in my studio, and I am allowed to display curtains during the time we are
not open to the public. The windows are not blacked out. My entire studio is visible through the doors
that is how Luthin was able to capture photos. Nothing to hide, I can assure you, it is all art supplies.
Response to pages 6 & 7;
Ms. Luthin was correct, as she wrote, “…the overall square footage is grossly overstated.” I, accidentally,
used the original square footage (693 sq. ft.) given by our landlord that is clearly outdated. To correct
this issue (See Attached Floor Plan) a local, licensed Corona Del Mar architect drew the original floor
plans and measure corrected the square footage, which turns out to be a total of 513 sq. ft. The
entrance hallway to our common restrooms measure 36 inches (3 feet).
Response to pages 8, 9 & 12;
Here are sections of the California Safe Body Art Act pertaining to Luthin’s concerns on pages 8, 9 and
12. Edgar Aguirre and I are completely aware of the regulations of the California Safe Body Art Act, and
the facility of E Art Gallery currently does not violate any of these regulations. Health Inspections aren’t
conducted until after the Minor Use Permit is obtained.
119312. (a) A body art facility shall not conduct business without a valid health permit. (b) No body art
facility shall allow a practitioner who does not possess a valid practitioner registration to perform body
art procedures at the facility.
119313. (a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan,
provided by the owner or established by the practitioners, specifying the procedures to achieve
compliance with each applicable requirement of this chapter.
119314. (a) With the exception of a temporary demonstration booth, as specified in Sections 119317
and 119318, a body art facility shall comply with all of the following: (1) Have floors, walls, and
ceilings. (2) Have floors and walls that are smooth, nonabsorbent, free of open holes, and washable.
(3) Be free of insect and rodent infestation. (4) Be separate from any residential areas used for
sleeping, bathing, or meal preparation. A body art facility associated with a residential dwelling shall
have a separate entrance and toilet facility, and shall not have a door allowing direct access between the
body art facility and the residential dwelling. (5) Have adequate toilet facilities, in accordance with the
specifications of the State Building Standards Code, local building standard codes, and any other local
ordinance. The sink shall be supplied with hot and cold running water, containerized liquid soap, and
single-use paper towels that are dispensed from a wall-mounted, touchless dispenser. (5) All sinks shall
be permanently plumbed and meet local building and plumbing codes.
(f) A body art facility that does not afford access to a decontamination and sterilization area that meets
the standards of subdivision (c) of Section 119314 or that does not have sterilization equipment shall
use only purchased disposable, single-use, pre-sterilized instruments. In place of the requirements for
maintaining sterilization records, the following records shall be kept and maintained for a minimum of
90 days following the use of the instruments at the site of practice for the purpose of verifying the use
of disposable, single-use, pre-sterilized instruments: (1) A record of purchase and use of all single-use
instruments. (2) A log of all procedures, including the names of the practitioner and client and the
date of the procedure. (3) Written proof on company or laboratory letterhead showing that the pre-
sterilized instruments have undergone a sterilization process. Written proof shall clearly identify the
instruments sterilized by name or item number and shall identify the lot or batch number of the
sterilizer run.
(A) Removal and disposal by a licensed waste hauler. Materials shall be disposed of at a licensed
treatment facility or removed and transported through a mail-back system authorized by the
State Department of Public Health.
E Art Gallery currently abides by all of these standards set by California Safe Body Art Act. There is no
standard on ceilings, there is only a mandatory rule that the facility simply has to have a ceiling. The
walls are painted with a commercial grade, non-absorbent paint, painted by our landlord’s building
management. The walls are not painted wallboard. Also, via phone call with the supervisor of Orange
County Health Department, James Herdon, it has been finalized that the proposed facility does not have
to have its own toilet facility, if there are common toilet facilities. Since the toilet facilities are common,
it is not a necessity to have two separate toilet facilities for boy and girl. Sinks in the facility also doesn’t
have to have its own water heater, as long as the water reaches 120 degrees Fahrenheit. E Art Gallery
has one sink, which is in compliance. E Art Gallery will be using single use pre-sterilized sharps and tools.
These sharps are not disposed of in regular waste receptacles; meaning the houses surrounding our
common exterior trash bin, will not be effected. Sharps will be disposed by a licensed waste hauler.
Our proposed location is 2721 E Coast Hwy Suite 104 Corona Del Mar, California 92625. We are located
in a Commercial Corridor, and did not have any knowledge there was a person residing in the building
and I don’t believe anyone resides there. To my knowledge, no one uses our common bathroom who
resides at this building [if so], as the only people who have keys to our common bathroom, are a select
few tenants down stairs including Edgar and I. Although these concerns have been brought up, James
Hendron of the OC Health Department Body Art reassured me that this facility has the potential to be
approved by the Orange County Health Department even if we were opening in a building where there
was residential dwelling associated, as E Art Gallery does not violate the restrictions. Refer to above
section of [119314. #(4)] in the California Safe Body Art Act.
Response to page 15, 16 & 17;
The information listed on page 15 under “2. Body art facility owners must” And on page 16 where
Luthin stated the information under “3. Body art Practitioners must”, Luthin is correct and this
information is true. Edgar Aguirre and Savaanah Gallegos have been aware of these basic facts since
Savaanah has previously, successfully managed a Body Art facility for two years, so there should be no
worries about any of these regulations being violated.
Regardless of Luthin’s intention of this crucial letter, I am happy to inform you all [the public] that our
talent cannot be taken away. This is our livelihood, and I am another woman [23 years old], just like her,
trying to continue to be successful, the right way. We are tenants in the same building and all of this
could have been avoided, if Luthin were to ask or get to know me.
Sincerely,
Savaanah Gallegos