HomeMy WebLinkAbout5.0_Tattoo Establishment Ordinance Update_Staff Presentation_PA2020-030Zoning and Local Coastal Program Amendment (PA2020-030)
Tattoo Establishments
Planning
Commission
May 6, 2021
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Background
Over the past decade there have been several legal decisions related to the zoning of tattoo establishments
Anderson v. City of Hermosa Beach
Real v. City of Long Beach
Tattooing is considered protected speech under the First Amendment of the United States Constitution
Reasonable time, place and manner restrictions
Community Development Department -Planning Division 2
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Background
Current regulations define tattoo services as a Restricted Personnel Services Use
Allowed in all office zones, commercial zones(expect CM zone) and mixed-use zones subject to a Minor Use Permit
April 14, 2020 -Zoning amendment initiated by City Council
Ministerial process
Objective standards
Community Development Department -Planning Division 3
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Community Development Department -Planning Division 4
Proposed
Amendments
•Defines “Tattoo Establishments” as its
own use type
•Permitted in the General Commercial,
Office General and Office Regional
zoning districts
•Allowed as a ministerial use subject to
Standards for Specific Land Uses
(Sect. 20.48.230 of NBMC)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Community Development Department -Planning Division 5
Proposed
Amendments
Development Standards
•Location Requirements
•One thousand (1,000) feet from another tattoo
establishment;
•Five hundred (500) feet from any primary or
secondary school or park or playground as
measured from lot line to lot line; or
•Five hundred (500) feet from the boundary of any
residential structure or residential use, including
residential uses in mixed-use zoning districts.
•Operating Standards
•Hours 10 a.m. -10 p.m.
•Security camera system required
•Screen from public view, no outdoor seating/waiting
areas
•Alcohol and marijuana use prohibited
•Noise, signs and parking
•All applicable State, County and City Health
regulations
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Existing Tattoo
Establishments
Notice was provided to the property owner and business operators of the City’s five existing Tattoo Establishments
Existing tattoo establishments would become legal non-conforming uses as a result of adopting the proposed code amendment
May continue to operate
Require discretionary approval to expand or intensify their use
Community Development Department -Planning Division 12
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
Recommended
Actions
Find the project exempt from CEQA (Section 15061(b)(3))
Adopt Resolution No. PC2021-012, recommending the City Council adopt Zoning Code Amendment No. CA2020-002
Adopt Resolution No. PC2021-013, recommending the City Council adopt Local Coastal Program Amendment No. LC2020-002 and authorize staff to submit the amendment to the California Coastal Commission
Community Development Department -Planning Division 13
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
For more
information
Contact Questions?
Matt Schneider
949-644-3219
mschneider@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 14
Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)