HomeMy WebLinkAbout3.0_Tattoo Establishment Ordinance Update_PA2020-030CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 22, 2021
Agenda Item No. 3
SUBJECT: Tattoo Establishment Ordinance Update (PA2020-030)
▪Zoning Code Amendment No. CA2020-002
▪Local Coastal Program Amendment No. LC2020-002
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Matt Schneider, Principal Planner
949-644-3219, mschneider@newportbeachca.gov
PROJECT SUMMARY
The proposed code amendments to Titles 20 (Planning and Zoning) and 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code (“NBMC”) would
update development standards related to tattoo establishments. Specifically, Zoning Code
Amendment No. CA2020-002 and Local Coastal Program Amendment No. LC2020-002
(“Code Amendment”) would define this previously undefined land use category and
establish objective standards to regulate its use.
RECOMMENDATION
1) Conduct a public hearing;
2)Find this project categorically exempt from the California Environmental Quality
Act (“CEQA”) pursuant to Section 15061(b)(3), the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the
environment and pursuant to Section 15265(a)(1), which exempts local
governments from the requirements of CEQA in connection with the adoption of a
Local Coastal Program;
3)Adopt Resolution No. PC2021-018 (Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2020-002 updating
development standards related to tattoo establishments; and
4)Adopt Resolution No. PC2021-019 (Attachment No. PC 2) recommending the City
Council authorize staff to submit Local Coastal Program Amendment No. LC2020-
002 to the California Coastal Commission.
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Tattoo Establishment Ordinance Update (PA2020-030)
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DISCUSSION
Background
This project was previously presented to the Planning Commission at the May 6, 2021
meeting. During the meeting, staff presented a summary of recent legal decisions related
to the zoning of tattoo establishments and the court’s view that tattooing is a purely
expressive activity protected under the First Amendment of the U.S. Constitution. Staff
reviewed a Code Amendment designed to address the recent court decisions and
establish reasonable time, place and manner restrictions for tattoo establishments.
Commissioners expressed an interest in gaining a better understanding of the calls for
service for the City’s existing tattoo establishments, as well as exploring smoking
limitations, an annual review, larger buffers, hours of operation (including appointment-
only) and focusing the use within zones intended for medical uses. Based on the
Commission’s desire for additional information, the item was continued by a vote of 7-0.
Staff has researched the topics/questions raised during the May 6, 2021 meeting and
provides the following responses to the questions that were raised by the Commission.
Calls for Service
The Police Department conducted a review of dispatch events related to the City’s five
existing tattoo establishments (Attachment No. PC 4). The review indicated that there
was no notable correlation with regards to day or time of dispatch events at existing tattoo
establishments. It did not find any troublesome establishments or specific burden on
police resources.
Smoking
In response to Commissioner concerns, staff added a provision into the proposed
ordinance that would prohibit clients, guests or staff from smoking withing 20 feet of the
tattoo establishment.
Annual Review
Under the Code Amendment, tattoo establishments would be permitted ministerially. The
ministerial permit process does not afford opportunities for “annual review” in the same
manner that the Commission may annually review discretionary approvals such as
conditional use permits. That said, violations of the proposed development and
operational standards would be addressed via the City’s progressive code enforcement
model. Tattoo establishments with code violations could ultimately result in their closure
if not addressed by the operator in a timely and satisfactory manner.
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Buffers
Staff analyzed the proposed locational requirements and found that in addition to the five
existing tattoo establishments currently operating in the City, there are approximately 150
to 200 potentially available sites for the establishment of new tattoo establishments when
factoring in the locational requirements under the Code Amendment and number of
existing suites/offices provided at these locations (Attachment No. PC 5). However, the
number of potentially available sites would be reduced if a new establishment is
approved. With this in mind, staff does not recommend increasing the separation
requirements in order to ensure there are an adequate number of viable locations for
tattoo establishments to operate.
Medical Zoning
The Commission expressed an interest in focusing tattoo establishments into zones
intended for medical uses. The City’s existing zoning structure does not include a distinct
zone for medical uses. Medical and dental uses are allowed in the majority of the City’s
office and commercial zoning designations, including the OG (Office General), OR (Office
Regional) and CG (Commercial General) zones, where tattoo establishments are
proposed to be permitted under the Code Amendment.
Exhibit “A” of the draft resolution has been updated to reflect the smoking limitation and
appointment-only requirement, which were incorporated into the project in response to
Commission input and subsequent research (Attachment No. PC 1).
General Plan Consistency
The Code Amendment does not introduce any new zoning districts or General Plan Land
Use Plan categories in which tattoo establishments would be permitted. The General
Commercial and Regional Commercial Office are the two General Plan Land Use
categories under which tattoo establishments would continue to be allowed. These two
designations allow for a range of uses and are consistent with the Code Amendment.
Local Coastal Program (LCP)
Similar to Title 20 (Planning and Zoning), Title 21 (Local Coastal Program Implementation
Plan) currently regulates tattoo establishments. Therefore, if adopted by the City Council,
staff will submit corresponding amendments (Attachment No. PC 2) to the LCP for review
and approval of the California Coastal Commission.
Alternatives
The Planning Commission may recommend revisions to the Code Amendment, such as
changing location, separation requirements, and hours or operation with the proviso that
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any revisions would be reasonable time, place and manner restrictions that provide
sufficient opportunities for tattoo establishments to operate.
Environmental Review
The Code and LCP Amendments are exempt pursuant to CEQA Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. While this Code Amendment would allow
tattoo establishments as a permitted use within the City, it does not authorize new
development that would directly result in physical changes to the environment. There is no
evidence that amending the regulations for tattoo establishments would result in any new
effects on the environment. Additionally, pursuant to CEQA Guidelines Section
15265(a)(1), local governments are exempt from the requirements of CEQA in connection
with the adoption of a Local Coastal Program.
Public Notice
Notice of this amendment was published in the Daily Pilot as an eighth-page
advertisement, consistent with the provisions of the Municipal Code. The item also
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website. Additionally, notice was sent to the property owners of the five existing tattoo
establishment currently operating in the City.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Resolution No. PC2021-018, recommending City Council approve Zoning Code
Amendment No. CA2020-002
PC 2 Resolution No. PC2021-019, recommending approval of submission of Local
Coastal Program Amendment No. LC2020-002
PC 3 May 6, 2021 Planning Commission Staff Report
PC 4 May 6, 2021 Planning Commission Minutes
PC 5 June 9, 2021 Memorandum from Police Department
PC 6 Map of Existing and Proposed Tattoo Establishment Locations
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Attachment No. PC 1
Planning Commission Resolution No. PC2021-018 (Zoning Code)
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RESOLUTION NO. PC2021-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL ADOPT ZONING CODE AMENDMENT NO. CA2020-002 UPDATING DEVELOPMENT STANDARDS RELATED TO TATTOO ESTABLISHMENTS (PA2020-030)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”)
authorizes Restricted Personal Service uses which includes day spas, healing arts,tanning salons, tattoo and body piercing establishments in office, commercial (with theexception of the Commercial Recreational and Marine [CM] zone), and mixed-use zonessubject to approval of a minor use permit.
2.Two (2) Ninth Circuit federal court decisions determined that tattooing constitutesspeech such that it is protected under the First Amendment of the United StatesConstitution (“First Amendment”). Specifically, in Anderson v. City of Hermosa Beach,(9th Cir. 2010) 621 F.3d 1051, the court struck Hermosa Beach’s ban on tattoo parlors
justified on the basis of a risk of infection. In Real v. City of Long Beach, (9th Cir. 2017)
852 F.3d 929, the court held that Long Beach’s conditional use permit requirement fortattoo establishments vested unbridled discretion in a government official over whetherto permit or deny expressive activity constituted a prior restraint on speech in violationof the First Amendment.
3.These decisions limit a local jurisdiction’s ability to require discretionary permits approvalfor this protected class of free speech, however, cities may apply time, place and mannerrestrictions through the application of objective standards such as hours of operation,separation requirements and appropriate zoning districts for new applications.
4.On April 14, 2020, the City Council adopted Resolution No. 2020-35 to initiate a codeamendment related to tattoo services.
5.A telephonic public hearing was held by the Planning Commission on May 6, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observingrestrictions due to the Declaration of a State Emergency and Proclamation of LocalEmergency related to COVID-19. A notice of time, place and purpose of the publichearing was given in accordance with the California Government Code Section 54950et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the PlanningCommission at this public hearing.
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6.After receiving a presentation from staff and discussing the item, the Planning Commissionvoted (7-0) to continue the item to allow staff additional time to research and respond to
the Commission’s questions.
7.A public hearing was held by the Planning Commission on July 22, 2021, in the CouncilChambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, andconsidered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is exempt from environmental review under the California Environmental Quality Act (“CEQA”) Section 15061(b)(3) of the California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines”), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow
tattoo establishments as a permitted use within the City, it does not authorize new development
that would directly result in physical changes to the environment. There is no evidence or known special circumstances that amending the regulations for tattoo establishments would result in any new effects on the environment.
SECTION 3. FINDINGS.
1.The City, through Titles 20 (Planning and Zoning) and 21 (Local Coastal ProgramImplementation Plan), promotes the orderly development of the City; promotes thepublic health, safety, peace, comfort, and general welfare; protects the character, social
and economic vitality of neighborhoods; and ensures the beneficial development of the
City. Zoning Code Amendment No. CA2020-002 authorizes tattoo establishments incommercial zones including the OG (Office General), OR (Office Regional), and CG(Commercial General) zoning districts where they are compatible with other commercialuses.
2.A buffer between tattoo establishments and sensitive land uses such as residentialzones, schools, and parks is appropriate and will continue to allow a wide range ofpotential alternative sites. These buffer provisions will serve to: (1) protect the quality oflife and neighborhoods in the City, (2) protect the City’s retail and commercial trade, (3)
minimize the potential for nuisances related to the operation of tattoo establishments,
(4) protect the well-being, tranquility and privacy of the home with the residential buffer,and (5) protect the peace, welfare, and privacy of persons who own, operate and/orpatronize tattoo establishments.
3.Establishing distance requirements between other tattoo establishments ensures the
City maintains an adequate number of establishments to serve residents and visitorswhile avoiding overconcentration and maintaining a diversity of uses to serve thecommunity. For example, Newport Beach is comprised of several villages with distinctand unique commercial cores that serve families and visitors. It is important that the
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character of these commercial core areas remain family- and tourist-oriented. Moreover, Zoning Code Amendment No. CA2020-002 ensures that adequate sites are available
for the establishment and operation of tattoo establishments in the City as approximately
150 to 200 sites would be available for a tattoo establishment to operate when factoring in the locational requirements proposed under this ordinance amendment and number of existing suites/offices provided at these locations. The distance requirements ensure that there are adequate sites available to provide this use while also ensuring a diversity
of uses within the City.
4.Maintaining adequate separation between establishments as well as locating saidestablishments in commercial zones is appropriate in that tattoo establishments maycause negative secondary effects in the community including the potential to attract
criminal activity. Specifically, data from the Newport Beach Police Department’s Calls
for Service (“CFS”) which compares the number of CFS during the preceding five (5)years shows a disparity in the number of calls for tattoo establishments when comparedwith other Restricted Personal Services. The City’s data shows that since January 2015,Newport Beach Police Department has received 49 CFS for four (4) tattoo
establishments, in comparison to 12 CFS (when excluding calls for alarms) for three (3)
non-tattoo establishments operating during the same period of time. In addition, therewere no CFS at non-tattoo establishments for incidents recorded as: disturbance,theft/fraud, drunk in public or battery/fighting in comparison to 22 such incidentsrecorded at tattoo establishments. The CFS data for the City of Oceanside (another
coastal city with publicly available CFS data), shows a similar pattern, with substantially
higher CFS for tattoo establishments and recorded incidents of disturbances and violentcrimes in comparison to non-tattoo establishments.
5.Zoning Code Amendment No. CA2020-002 is appropriate to prevent deterioration
and/or degradation of the vitality of the community before the problem exists, rather than
waiting for problems to be created. Buffer requirements are a legitimate and reasonablemeans of ensuring against the negative secondary effects of tattoo facilities and tobalance the various land uses in order to protect the health, safety and welfare ofNewport Beach residents, preserve the quality of life, and preserve the character of
surrounding neighborhoods. The buffer requirements of the City do not unreasonably
restrict the establishment or operation of constitutionally protected businesses inNewport Beach. The City recognizes that these buffer requirements do not precludereasonable alternative avenues of communication and that there are approximately 150to 200 potentially available sites for tattoo establishments in addition to the City’s five
(5)existing tattoo establishments.
6.Zoning Code Amendment No. CA2020-002 is appropriate to protect the health and well-being of adolescents within the community. A study titled “Tattooing and High-RiskBehavior in Adolescents” established an association between adolescents who obtain
tattoos and their involvement in high-risk behaviors that are detrimental to their health
and welfare including gang affiliation, substance abuse, and violence. Adopting time,place and manner restrictions that protect minors is appropriate (Sable Commission ofCalifornia, Inc. v. FCC, [1989] 492 U.S. 115).
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7.Zoning Code Amendment No. CA2020-002 is appropriate to protect customer health.Tattooing carries the risk of infection and transmission of disease if unsanitary conditions
are present or unsterile equipment is used. The Centers for Disease Control and
Prevention (CDC) and the United States Food and Drug Administration confirm thesignificant health risks of tattooing (CDC, Body Art: Tattoos and Piercings [Jan. 21, 2008][noting risks of infection, tuberculosis, Hepatitis B and C, and HIV]). Zoning CodeAmendment No. CA2020-002 which requires all licenses and permits including
compliance with the State’s Safe Body Art Act and registration/licensing with the Orange
County Health Department is appropriate.
8.Zoning Code Amendment No. CA2020-002 sets appropriate time, place and mannerrestrictions on tattoo establishments. The City has considered the following decisions:
Anderson v. Hermosa Beach, (9th Cir. 2010) 621 F.3d 1051; Real v. City of Long Beach,
(9th Cir. 2017) 852 F.3d 929; Garcia v. City of Torrance Case No. 2:15-cv-03810-SVW-RAO; Ward v. Rock Against Racism, (1989) 491 U.S. 78; and City of Renton v PlaytimeTheaters, (1986) 475 U.S. 41.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds Zoning Code
Amendment No. CA2020-002 is exempt from the CEQA pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which havethe potential for causing a significant effect on the environment. While the codeamendment would allow tattoo establishments as a permitted use within the City, it doesnot authorize new development that would directly result in physical changes to the
environment.
2.The Planning Commission of the City of Newport Beach hereby recommends approval ofCode Amendment No. CA2020-002 as set forth in Exhibit “A,” which is attached heretoand incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JULY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________ Lee Lowrey, Chairman
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BY:_________________________
Curtis Ellmore, Secretary
Attachment: Exhibit A – Zoning Code Amendment No. CA2020-002
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EXHIBIT “A” Zoning Code Amendment No. CA2020-002
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements) of Section 20.20.020(C) (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC are amended to read as follows:
TABLE 2-4 ALLOWED USES AND PERMIT REQUIREMENTS
Commercial Office Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
OA OG OM OR Specific Use Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments — P — P Section 20.48.230
TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
CC CG CM CN CV CV-LV Specific Use Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments — P — — — — Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses – Tattoo Establishments) of the NBMC is added to read as follows:
A.Development Standards.
1.Zoning Districts. Tattoo establishments are authorized within the CommercialZoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA,OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)).
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2.Site and Floor Plans. The site and floor plans shall incorporate design featuresto ensure the activities and operation, including seating and waiting areas, are
conducted entirely within the building or structure.
3.Parking. Parking shall comply with Chapter 20.40 (Off-Street Parking). ThePersonal Services parking requirement from Table 3-10 (20.40.040 Off StreetParking Spaces Required) shall apply to all tattoo establishments.4.Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, a
sign shall be visible at all entrances stating, "No tattoo service will be provided
to any person under the age of 18."5.Location Restrictions. Tattoo establishments shall maintain the followingseparation requirements:i.One thousand (1,000) feet from another tattoo establishment;
ii.Five hundred (500) feet from any primary or secondary school or park or
playground as measured from lot line to lot line; oriii.Five hundred (500) feet from the boundary of any residential structure orresidential use, including residential uses in mixed-use zoning districts.
B.Operating Standards.1.Hours of Operation. Operating hours must not extend outside the hours of 10:00a.m. to 10:00 p.m. scheduled by appointment only. No walk-ins shall beaccepted. 2.Maintenance. The owner or operator shall:
i.Maintain the exterior of the premises free of litter and graffiti at all times;andii.Provide for daily removal of trash, litter, debris and graffiti from thepremises and abutting sidewalks within twenty (20) feet of the premises.3.Noise. The owner or operator shall be responsible for the control of noise
generated by the tattoo establishment. All noise generated by the use shallcomply with the provisions of Chapter 10.26 (Community Noise Control) andother applicable noise control requirements of the Newport Beach MunicipalCode.4.Security. The owner or operator shall maintain security cameras covering all
entrances and exits to/from the establishment, the public right-of-way frontingthe establishment and the parking facility serving the establishment. Therecording shall be retained for no less than thirty (30) days and shall be madeavailable to the Police Department upon request.5. Consumption. The service or use of alcohol or marijuana shall be prohibited.
Clients, guests, visitors, or staff shall not smoke within twenty (20) feet of thepremises.6.Screening. All tattoo services shall be screened so as not to be visible to theexterior of the business.
C.Other Licenses and Permits. The owner or operator shall comply with all applicable State,County and City Health and Human Services regulations including, but not limited to theState Safe Body Art Act regarding the establishment and operation of businessesengaged in tattooing, body piercing and permanent cosmetic application. Each artist shall
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be registered and licensed with the Orange County Health Department. Said license shall be made available upon request of the City's Code Enforcement Division at any time.
Section 3: Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the NBMC is amended to revise the definition of “Personal Services (Land Use)” and add the definition of “Tattoo Establishment” to read as follows:
Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.Illustrative examples of these uses include:
a. Barber and beauty shops.
b.Clothing rental shops.
c.Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f.Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services
provided.
2. Restricted. Personal service establishments that may tend to have a blighting and/ordeteriorating effect upon surrounding areas and that may need to be dispersed from othersimilar uses to minimize adverse impacts, including:
a.Day spas.
b. Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under“Massage establishments.”
c.Tanning salons.
d.Tattoo services and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services
provided.
“Tattoo Establishment” (Land Use) means an establishment where the insertion of pigment, ink or dye is applied under the surface of the skin by a person pricking with a needle or otherwise,
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to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin in exchange for financial or other valuable consideration. It does
not include the application of permanent make-up that is performed as an incidental service in
a beauty shop, day spa, or dermatology office.
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Attachment No. PC 2
Planning Commission Resolution No. PC2021-019 (Local Coastal Program)
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RESOLUTION NO. PC2021-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL AUTHORIZE SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-002 TO THE CALIFORNIA COASTAL COMMISSION TO UPDATE DEVELOPMENT STANDARDS RELATED TO TATTOO ESTABLISHMENTS (PA2020-030)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan)of the Newport Beach Municipal Code (“NBMC”) authorize Restricted Personal Serviceuses which includes day spas, healing arts, tanning salons, tattoo and body piercingestablishments in office, commercial (with the exception of the Commercial Recreational
and Marine [CM] zone), and mixed-use zones subject to approval of a minor use permit.
2.Two (2) Ninth Circuit federal court decisions determined that tattooing constitutesspeech such that it is protected under the First Amendment of the U.S. Constitution(“First Amendment”). Specifically, in Anderson v. City of Hermosa Beach, (9th Cir. 2010)
621 F.3d 1051 the court struck Hermosa Beach’s ban on tattoo parlors justified on thebasis of a risk of infection. In Real v. City of Long Beach, (9th Cir. 2017) 852 F.3d 929the court held that Long Beach’s conditional use permit requirement for tattooestablishments vested unbridled discretion in a government official over whether topermit or deny expressive activity constituted a prior restraint on speech in violation of
the First Amendment.
3.These decisions limit a local jurisdiction’s ability to require discretionary permits approvalfor this protected class of free speech, however, cities may apply time, place and mannerrestrictions through the application of objective standards such as hours of operation,
separation requirements and appropriate zoning districts for new applications.
4.On April 14, 2020, the City Council adopted Resolution No. 2020-35 to initiate a codeamendment related to tattoo services.
5.A telephonic public hearing was held by the Planning Commission on May 6, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observingrestrictions due to the Declaration of a State Emergency and Proclamation of LocalEmergency related to COVID-19. A notice of time, place and purpose of the publichearing was given in accordance with the California Government Code Section 54950
et seq. (“Ralph M. Brown Act”) and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the PlanningCommission at this public hearing.
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Planning Commission Resolution No. PC2021-019 Page 2 of 7
6.After receiving a presentation from staff and discussing the item, the Planning Commissionvoted (7-0) to continue the item to allow staff additional time to research and respond to
the Commission’s questions.
7.A public hearing was held by the Planning Commission on July 22, 2021, in the CouncilChambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 21.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, andconsidered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is exempt from environmental review under the California Environmental Quality
Act (“CEQA”) pursuant to Section 15061(b)(3) of the California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines”), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow tattoo establishments as a permitted use within the City, it does not authorize new
development that would directly result in physical changes to the environment. There is no
evidence that amending the regulations for tattoo establishments would result in any new effects on the environment. Additionally, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program (LCP).
SECTION 3. FINDINGS.
1.The City, through Titles 20 (Planning and Zoning) and 21 (Local Coastal ProgramImplementation Plan), promotes the orderly development of the City; promotes the
public health, safety, peace, comfort, and general welfare; protects the character, social
and economic vitality of neighborhoods; and ensures the beneficial development of theCity. Tattoo establishments are not a coastal dependent or visitor serving use.Implementation of this code revision will allow tattoo establishments in the CG (GeneralCommercial) and OG (Office General) Coastal Zoning Districts while preserving
opportunities for visitor serving or coastal dependent uses in the CM (Commercial
Recreational and Marine) and CV (Commercial Visitor-Serving) Coastal Zoning Districts.
2.Local Coastal Program Amendment No. LC2020-002 authorizes tattoo establishments incoastal commercial zones where they are compatible with other commercial uses.
3.A buffer between tattoo establishments and sensitive land uses such as residentialzones, schools, and parks is appropriate and will continue to allow a wide range ofpotential alternative sites. These buffer provisions will serve to: (1) protect the quality oflife and neighborhoods in the City, (2) protect the City’s retail and commercial trade, (3)
minimize the potential for nuisances related to the operation of tattoo establishments,
(4) protect the well-being, tranquility and privacy of the home with the residential buffer,
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and (5) protect the peace, welfare, and privacy of persons who own, operate and/or patronize tattoo establishments.
4.Establishing distance requirements between other tattoo establishments ensures theCity maintains an adequate number of establishments to serve residents and visitorswhile avoiding overconcentration and maintaining a diversity of uses to serve thecommunity. For example, Newport Beach is comprised of several villages with distinct
and unique commercial cores that serve families and visitors. It is important that the
character of these commercial core areas remain family- and tourist-oriented. Currently,four (4) of the five (5) tattoo establishments in the City are located within the coastalzone. Therefore, 80 percent of the City’s existing tattoo establishment are located within63 percent of the City’s land area that comprises the City’s coastal zone. The existing
establishments adequately serve coastal zones and ensure community compatibility.
5.Maintaining adequate separation between establishments as well as locating saidestablishments in commercial zones is appropriate in that tattoo establishments maycause negative secondary effects in the community including the potential to attract
criminal activity. Specifically, data from the Newport Beach Police Department’s Calls
for Service (“CFS”) which compares the number of CFS during the preceding five (5)years shows a disparity in the number of calls for tattoo establishments when comparedwith other Restricted Personal Services. The City’s data shows that since January 2015,Newport Beach Police Department has received 49 CFS for four (4) tattoo
establishments, in comparison to 12 CFS (when excluding calls for alarms) for three (3)
non-tattoo establishments operating during the same period of time. In addition, therewere no CFS at non-tattoo establishments for incidents recorded as: disturbance,theft/fraud, drunk in public or battery/fighting, in comparison to 22 such incidentsrecorded at tattoo establishments. The CFS data for the City of Oceanside (another
coastal city with publicly available CFS data) shows a similar pattern, with substantially
higher CFS for tattoo establishments and recorded incidents of disturbances and violentcrimes in comparison to non-tattoo establishments.
6.Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to prevent deterioration and/or degradation of the vitality
of the community before the problem exists, rather than waiting for problems to becreated. Buffer requirements are a legitimate and reasonable means of ensuring againstthe negative secondary effects of tattoo facilities and to balance the various land usesin order to protect the health, safety and welfare of Newport Beach residents, preserve
the quality of life, and preserve the character of surrounding neighborhoods. The buffer
requirements of the City do not unreasonably restrict the establishment or operation ofconstitutionally protected businesses in Newport Beach.
7.Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 are appropriate to protect the health and well-being of adolescents within
the community. A study titled “Tattooing and High-Risk Behavior in Adolescents”established an association between adolescents who obtain tattoos and their
23
Planning Commission Resolution No. PC2021-019 Page 4 of 7
involvement in high-risk behaviors that are detrimental to their health and welfare including gang affiliation, substance abuse, and violence. Adopting time, place and
manner restrictions that protect minors is appropriate (Sable Commission of California,
Inc. v. FCC, [1989] 492 U.S. 115).
8.Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.CA2020-002 are appropriate to protect customer health. Tattooing carries the risk of
infection and transmission of disease if unsanitary conditions are present or unsterile
equipment is used. The Centers for Disease Control and Prevention (CDC) and theUnited States Food and Drug Administration confirm the significant health risks oftattooing (CDC, Body Art: Tattoos and Piercings [Jan. 21, 2008] [noting risks of infection,tuberculosis, Hepatitis B and C, and HIV]). Local Coastal Program Amendment No.
LC2020-002 which requires all licenses and permits including compliance with the
State’s Safe Body Art Act and registration/licensing with the Orange County HealthDepartment is appropriate.
9.Local Coastal Program Amendment No. LC2020-002 and Zoning Code Amendment No.
CA2020-002 set appropriate time, place and manner restrictions on tattoo
establishments. The City has considered the following decisions: Anderson v. HermosaBeach, (9th Cir. 2010) 621 F.3d 1051; Real v. City of Long Beach, (9th Cir. 2017) 852F.3d 929; Garcia v. City of Torrance Case No. 2:15-cv-03810-SVW-RAO; Ward v. RockAgainst Racism, (1989) 491 U.S. 78; and City of Renton v Playtime Theaters, (1986)
475 U.S. 41.
10.Local Coastal Program Amendment No. LC2020-002 shall not become effective untilapproval by the California Coastal Commission and adoption, including any modificationssuggested by the California Coastal Commission, by resolution and/or ordinance of the
City Council of the City of Newport Beach.
11.The LCP, including Local Coastal Program Amendment No. LC2020-002, will be carriedout fully in conformity with the California Coastal Act.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds Local Coastal
Program Amendment No. LC2020-002 is exempt from the CEQA pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,which have the potential for causing a significant effect on the environment. While theLCP amendment would allow tattoo establishments as a permitted use within the City,it does not authorize new development that would directly result in physical changes to
the environment.
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Planning Commission Resolution No. PC2021-019 Page 5 of 7
2.The Planning Commission of the City of Newport Beach hereby recommends submittal ofLocal Coastal Program Amendment No. LC2020-002, as set forth in Exhibit “A,” which is
attached hereto and incorporated herein by reference, to the California Coastal
Commission.
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JULY, 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lee Lowrey, Chairman
BY:_________________________
Curtis Ellmore, Secretary
Attachment: Exhibit A - Local Coastal Program Amendment No. LC2020-002
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Planning Commission Resolution No. PC2021-019 Page 6 of 7
EXHIBIT “A” Local Coastal Program Amendment No. LC2020-002
Section 1: Table 21.20-1 in Newport Beach Municipal Code (NBMC) Section 21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is amended, in part to the “Tattoo Establishments” row as follows:
TABLE 21.20-1 ALLOWED USES
Commercial Coastal Zoning Districts
A Allowed
— Not Allowed *
Land Use
CC CG CM (3) CN CV (3)
CV-LV (3) OG Specific Use Regulations See Part 7 of this Implementation Plan for land use definitions.
See Chapter 21.12 for unlisted uses.
Service Uses—General
Tattoo Establishments — A — — — — A
Section 2: Amend NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) to read as follows, with all other provisions of Chapter 21.70 remaining unchanged: Personal Services (Land Use).
1. General. Establishments that provide recurrently needed services of a personal nature.
Illustrative examples of these uses include:
a. Barber and beauty shops.
b. Clothing rental shops.
c.Dry cleaning pick-up stores with limited equipment.
d. Laundromats (self-service laundries).
e. Locksmiths.
f.Shoe repair shops.
g. Tailors and seamstresses.
These uses may also include accessory retail sales of products related to the services provided.
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Planning Commission Resolution No. PC2021-019 Page 7 of 7
2. Restricted. Personal service establishments that may tend to have a blighting and/ordeteriorating effect upon surrounding areas and that may need to be dispersed from other
similar uses to minimize adverse impacts, including:
a.Day spas.
b. Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under
“Massage establishments.”
c.Tanning salons.
d.Tattoo services and Bbody piercing studios.
These uses may also include accessory retail sales of products related to the services provided.
Tattoo Establishment (land use) means a business where the insertion of pigment, ink or dye
is applied under the surface of the skin by a person pricking with a needle or otherwise, to
permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin in exchange for financial or other valuable consideration. It does not include the application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or dermatology office.
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Attachment No. PC 3
May 6, 2021 Planning Commission Staff Report
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CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT
May 6, 2021
Agenda Item No. 5
SUBJECT: Tattoo Establishment Ordinance Update (PA2020-030)
Zoning Code Amendment No. CA2020-002
Local Coastal Program Amendment No. LC2020-002
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Matt Schneider, Principal Planner 949-644-3219, mschneider@newportbeachca.gov
PROJECT SUMMARY
The proposed code amendments to Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (“NBMC”) would update development standards related to tattoo establishments. Specifically, Zoning Code Amendment No. CA2020-002 and Local Coastal Program Amendment No. LC2020-002
would define this previously undefined land use category and establish objective standards to regulate its use.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project categorically exempt from the California Environmental QualityAct (“CEQA”) pursuant to pursuant to Section 15061(b)(3), the general rule thatCEQA applies only to projects, which have the potential for causing a significant
effect on the environment and pursuant to Section 15265(a)(1), which exempts
local governments from the requirements of CEQA in connection with the adoptionof a Local Coastal Program;
3)Adopt Resolution No. PC2021-012(Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2020-002 updating
development standards related to tattoo establishments; and
4)Adopt Resolution No. PC2021-013(Attachment No. PC 2) recommending the CityCouncil authorize staff to submit Local Coastal Program Amendment No. LC2020-
002 to the California Coastal Commission.
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Tattoo and Body Piercing Services Ordinance Update (PA2020-030) Planning Commission, May 6, 2021 Page 2
DISCUSSION
Background
Over the past decade, cities have seen a rapid increase in the number of tattoo
establishments given the rise in popularity of tattooing. In 2011, then Governor Jerry
Brown signed into law the Safe Board Art Act which set uniform standards for the body art industry which includes tattooing. These regulations are codified in California Health and Safety Code Section 119300 et seq. requires body art practitioners to complete a registration process, obtain annual bloodborne pathogen training, provide documentation
of vaccination status, and obtain relevant health information and informed consent from
clients.
Many cities have adopted zoning ordinances related to the use ranging from an all-out ban to requiring a conditional use permit with conditions to mitigate impacts associated
with the use. In Newport Beach’s case, Titles 20 (Planning and Zoning) and 21 (Local
Coastal Program Implementation Plan) of the NBMC classify tattoo businesses as a Restricted Personal Service, which is permitted in all office zones, commercial zones (except the CM zone) and mixed-use zones subject to a minor use permit (“MUP”). An MUP is a discretionary permit requiring a public hearing and is appealable to the Planning
Commission and ultimately to the City Council.
Over time, prospective operators have challenged cities’ zoning codes applicable to tattoo establishments on the basis that tattooing is protected speech under the First Amendment of the United States Constitution (“First Amendment”).
In Anderson v. City of Hermosa, (9th Cir. 2010) 621 F.3d 1051, a prospective operator challenged Hermosa Beach’s ban on tattoo parlors. The city justified the ban based upon the risk of infection and the possibility of diseases. At the time, the county health official responsible for inspecting tattoo establishments testified to being overwhelmed by the
number of inspections required. On appeal, the 9th Circuit overturned the district court’s decision and held that tattoos are purely expressive activity protected under the First Amendment. The court took a rather expansive view as to what aspects of tattooing was protected by the First Amendment to include “the tattoo itself, the process of tattooing and the business of tattooing.
Seven years later, a challenge was brought against Long Beach’s tattoo ordinance that required a conditional use permit; separation requirements from adult entertainment, arcade, fortunetelling, tattoo parlors and taverns; and hours of operation between 7 a.m. and 10 p.m. Similar to conditional use permit findings in other jurisdictions, the Long
Beach Municipal Code included a finding that the proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life. Real v. City of Long Beach, (9th Cir. 2017) 852 F.3d 929.While Long Beach argued that the petitioner lacked standing to sue (because hehad not applied for a conditional use permit) and that the ordinance did not restrict speech,
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Tattoo and Body Piercing Services Ordinance Update (PA2020-030) Planning Commission, May 6, 2021 Page 3
but rather, placed reasonable time, place and manner restrictions on the use, the court disagreed. With respect to the standing argument, the court held that when a licensing ordinance vests unbridled discretion in a government official over whether to permit or deny expressive activity, a prospective operator has standing to challenge the ordinance in spite of never having applied for a conditional use permit. With respect to Long Beach’s
argument that the ordinance did not unduly restrict expressive activity, but rather, consisted of time, place and manner restrictions, the court reasoned that the ordinance was not narrowly tailored to serve a significant governmental interest and allow ample alternative channels for expression.
These two decisions serve as a guide to Newport Beach in updating its zoning provisions related to tattoo establishments.
Summary of Current Regulations
Sections 20.70.020 and 21.70.020 of the NBMC define tattoo services as a Restricted
Personal Service use which are permitted in all office zones, commercial zones (except the CM zone) and mixed-use zones subject to MUP. This use classification is intended for personal service establishments that may need to be dispersed from other similar uses to minimize adverse impacts. Other personal service uses classified under this category
include day spas, healing arts and tanning salons. In order to approve the MUP, the
Zoning Administrator must find:
1.The use is consistent with the General Plan and any applicable specific plan;
2.The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3.The design, location, size, and operating characteristics of the use arecompatible with the allowed uses in the vicinity;
4.The site is physically suitable in terms of design, location, shape, size, operatingcharacteristics, and the provision of public and emergency vehicle (e.g., fire andmedical) access and public services and utilities; and
5.Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, orotherwise constitute a hazard to the public convenience, health, interest, safety,or general welfare of persons residing or working in the neighborhood of theproposed use.
The above criteria required for approving a tattoo establishment are subjective in nature and raise concerns that a court would find these standards vest unbridled discretion in granting a permit to operate and whether they are narrowly tailored to serve a significant
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Tattoo and Body Piercing Services Ordinance Update (PA2020-030) Planning Commission, May 6, 2021 Page 4
governmental interest and allow ample alternative channels for expression in accordance with the Long Beach decision.
Proposed Amendment The proposed code amendment would allow ministerial approval of tattoo establishments
in commercial zones of the City subject, however, to separate requirements and other
development and operational standards delineated below. The proposed code amendment would serve the objectives of creating reasonable time, place and manner restrictions as required by the First Amendment while also ensuring tattoo establishments are compatible with the surrounding area, do not result in an overconcentration and
maintain the quality and character of the community. The limitations on tattoo
establishments set forth in the proposed code amendment are supported by the additional data on secondary effects of such establishments in Attachment No. PC3.
Definition and Table Revision
The proposed code amendment defines tattoo establishments as its own use type
(Attachment No. PC 1, Exhibit A) separate and distinct from other Restricted Personal Service Use types and modifies relevant tables demonstrating the zoning districts where tattoo establishments are permitted.
Development Standards
The proposed code amendment incorporates development standards for the operation of a tattoo establishment including zones where the use is allowed, site and floor plan requirements to ensure the operation is fully contained within the building and does not spillover to the outdoors, parking requirements, signage requirements as well as
separation requirements. With respect to the zones where the use would be allowed, tattoo establishments would be authorized in the CG (Commercial General), OG (Office General), and OR (Office Regional) zones.
With respect to the separation requirements, a tattoo establishment could not operate
within 1,000 feet of another tattoo establishment, 500 feet of sensitive uses such as
schools or playgrounds, and 500 feet from residential. The proposed zoning districts along with the separate requirement ensures ample locations for tattoo establishments to locate while preventing overconcentration, ensuring compatibility with surrounding uses and mitigating secondary effects. Staff analyzed the proposed locational requirements
and found that in addition to the five existing tattoo establishments currently operating in
the City, there are approximately 150-200 potentially available sites for the establishment of new tattoo business when factoring in the locational requirements under the proposed code amendment and number of existing suites/offices provided at these locations. It is important to note that the proposed 1,000-foot separation requirement between tattoo
establishments will diminish the availability sites as new tattoo business are opened.
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Tattoo and Body Piercing Services Ordinance Update (PA2020-030) Planning Commission, May 6, 2021 Page 5
Operating Standards The proposed ordinance would establish hours of operation, ensure the operation and the area within its vicinity is properly maintained, in compliance with Chapter 10.26 (Community Noise Control) noise requirements, require security cameras and screening, as well as limiting the consumption of alcohol or marijuana on the premises.
Finally, tattoo establishments and artists operating within the establishment are required to comply with all other applicable license and permitting requirements.
Existing Tattoo Establishments
There are five existing tattoo establishments within the City that are legally permitted to operate under the City’s current zoning regulations. These five establishments would become legal non-confirming uses as a result of adopting the proposed code amendment based upon the zoning district in which they are located or the locational/separation requirements of the proposed ordinance. As non-conforming uses, these establishments
would be able to continue operating but would be required to obtain a conditional use permit in order to expand or intensify their use in accordance with Section 20.38.050 (Nonconforming Uses) of the NBMC. Non-conforming rights to operate would cease in the event the tattoo establishment use is discontinued for one hundred eighty (180) consecutive days.
General Plan Consistency
The proposed code amendment does not introduce any new Zoning Districts or General Plan Land Use Plan Categories in which tattoo establishments would be permitted. The
General Commercial and Regional Commercial Office are the two General Plan Land Use Categories under which tattoo establishments would continue to be allowed. These two designations allow for a range of uses and are consistent with the proposed Zoning Code amendment.
Local Coastal Plan
Similar to Title 20 (Planning and Zoning), Title 21 (Local Coastal Program Implementation Plan) currently regulates tattoo establishments. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments
(Attachment No. PC2) to the LCP for review and approval of the California Coastal Commission.
Alternatives
The Planning Commission may recommend revisions to the proposed code amendment,
such as changing location, separation requirements, and hours or operation with the proviso that any revisions would be reasonable time, place and manner restrictions that provide sufficient opportunities for tattoo establishments to operate.
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Tattoo and Body Piercing Services Ordinance Update (PA2020-030) Planning Commission, May 6, 2021 Page 6
Environmental Review
The proposed action is exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow tattoo
establishments as a permitted use within the City, it does not authorize new development
that would directly result in physical changes to the environment. There is no evidence that amending the regulations for tattoo establishments would result in any new effects on the environment. Additionally, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption
of a Local Coastal Program.
Public Notice
Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. The item also
appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Additionally, notice was sent to the property owners of the four existing tattoo establishment currently operating in the City.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Resolution No. PC2021-012 recommending City Council approve Zoning Code Amendment No. CA2020-002 PC 2 Resolution No. PC2021-013 recommending approval of submission of Local
Coastal Program Amendment No. LC2020-002
C Background Research - Secondary Effects of Tattoo Establishments
36
Attachment C
Background Research
37
Background Research
Secondary Effects of Tattoo Establishments
The Newport Beach Police Department provided Calls for Service (CFS) data for the City’s existing
Restricted Personal Service uses dating back to January 1, 2015. A summary of the data is provided below
to provide a comparison of tattoo establishments versus non-tattoo establishments. It should be noted
that one tattoo establishment and two non-tattoo establishments were excluded from the summary table
as they were located in large centers and the data collected did not specify which suite/tenant in the
center the CFS was attributed to. The City’s data shows that since January 2015, Newport Beach Police
Department has received 49 CFS for four tattoo establishments; in comparison to 12 CFS (when excluding
calls for alarms) for three non-tattoo establishments operating during the same period of time. In
addition, there were no CFS at non-tattoo establishments for incidents recorded as: disturbance,
theft/fraud, drunk in public or battery/fighting in comparison to 22 such incidents recorded at tattoo
establishments. The CFS data for the City of Oceanside, (another coastal city with publicly available CFS
data) shows a similar pattern, with substantially higher CFS for tattoo establishments and recorded
incidents of disturbances and violent crimes in comparison to non-tattoo establishments.
Table-1 City of Newport Beach Calls for Service Summary Table
Location Use Type Calls for
Service
Alarm Disturbance Theft/
Fraud
Drunk
in Public
Battery/
Fight
3413 Newport Blvd Tattoo 7 0 1 1 0 0
2611 Newport Blvd Tattoo 34 0 10 0 3 1
365 Old Newport Blvd Tattoo 8 0 1 1 0 0
6000 West Coast Hwy Tattoo 23 0 2 1 0 1
20280 Acacia Street Non-Tattoo 14 8 0 0 0 0
4101 Birch Street Non-Tattoo 6 0 0 0 0 0
1220 Bison Street Non-Tattoo 0 0 0 0 0 0
Data provided by Wendy Joe, Investigator – Newport Beach Police Department
In addition to the CFS data analyzed several studies and article were reviewed (see references below)
regarding the secondary effects of tattoo establishments. Among the impacts disclosed, it was reported
that tattooing carries the risk of infection and transmission of disease including tuberculosis, Hepatitis B
and C and HIV if unsanitary conditions are present or unsterile equipment is used. Additionally, a link
between the tattooing of high school aged people and a propensity to engage in high-risk behaviors
including gang affiliation, substance abuse and violence has been found.
Based upon a review of the available data and studies sited below there is a reasonable basis to conclude
that tattoo establishments may result in negative impacts on sensitive uses such as residential areas and
schools and parks which attract and serve minors.
References Documenting the Secondary Effects of Tattoo Establishments
CDC Study: Body Art: Tattoos and Piercings (Jan. 21, 2008)
https://www.cdc.gov/niosh/topics/body_art/more-info.html
Koch, J. R., Roberts, A. E., Armstrong, M. L., & Owen, D. C. (2010). Body art, Deviance, and American
College students. Social Science Journal, https://psycnet.apa.org/record/2010-02170-009
Memorandum from Christi Helm, City of Oceanside Crime and Intelligence Analyst regarding Calls for
Service Data (Tattoo Establishments v. Non-Tattoo Establishments) (July 27, 2016) Pages 16-17,
https://www.ci.oceanside.ca.us/civicax/filebank/blobdload.aspx?blobid=42802
38
Background Research
Secondary Effects of Tattoo Establishments
Shelley, J. M. (2012). Who gets tattoos? Demographic and behavioral correlates of ever being tattooed
in a representative sample of men and women. Annals of Epidemiology,
https://pubmed.ncbi.nlm.nih.gov/22153289/
Study of Timothy A. Roberts, MD and Sheryl Ryan, MD entitled “Tattooing and High-Risk Behavior in
Adolescents (2002), https://pediatrics.aappublications.org/content/110/6/1058
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May 6, 2021, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE
(PA2020-030)
One hopes the proposed code language has been reviewed by someone in the City Attorney’s
Office, but the staff report does not say so and the attachments are not signed by anyone
saying they have reviewed them.
As to Exhibit “A” of Attachment A (starting on handwritten page 17):
Section 1: The “allowed use” tables being amended are divided into business categories.
Exhibit “A” appears to be leaving it to the codifier’s imagination as to where the “Tattoo
Establishments” line should be placed. I would guess under “Service Uses—General” – but
shouldn’t that be specified?
Section 2:
Under A.1, reciting the title of Chapter 20.20 makes it confusingly appear that Tattoo
Establishments are allowed in all the Commercial Zoning Districts identified in that
chapter. Should it perhaps say they are “authorized within the Commercial Zoning
Districts where they are identified as a permitted use in Chapter 20.20” (without
quoting the chapter title)?
In A.5, in one of the three categories the method of measuring the separation distance is
objectively specified (“measured from lot line to lot” – probably meant to read “measured
from lot line to lot line”). In the other two, it is not. Shouldn’t it be?
B.1, as proposed, seems to be a command that tattoo establishments operate from
10:00 a.m. to 10:00 p.m., even if the applicant asks for lesser hours. Shouldn’t the
objective standard be “Operating hours shall be between must not extend outside the
hours of 10:00 a.m. and to 10:00 p.m.”?
B.4 was probably intended to read “The owner or operator shall maintain security
cameras of covering all entrances and exits to/from the establishment, the public right-
of-way fronting the establishment and the parking facility serving the establishment.”
As to Exhibit “A” of Attachment B (starting on handwritten page 29):
Section 1: Why is the opening sentence written differently from the corresponding Section 1 in
Attachment A (which seemed more accurate)? In addition, it seems exceedingly strange to
place “Tattoo Establishment” in the “Industry, Manufacturing and Processing, and Warehousing
Uses” category. It does not seem to be any of those. Shouldn’t it be under “Service Uses—
General”?
Planning Commission - May 6, 2021 Item No. 5a - Additional Materials Received Tattoo Establishment Zoning Ordinance Update (PA2020-030)
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Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Matt Schneider, Principal Planner
Date: May 6, 2021
Re: Item No. 5 Tattoo Establishment Zoning Update (PA2020-030)
Attached please find updated excerpts of Exhibit “A” of Resolution No. PC2021-012(Zoning) and Resolution No. PC2021-013(LCP). The edits that have been incorporated into the exhibit are highlighted.
Attachment: Excerpts of Exhibit “A” of Resolution No. PC2021-012(Zoning) and Resolution No. PC2021-013(LCP)
Planning Commission - May 6, 2021 Item No. 5b - Additional Materials Received From Staff Tattoo Establishment Zoning Update (PA2020-030)
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EXHIBIT “A” Zoning Code Amendment No. CA2020-002
Section 1: Tables 2-4 and 2-5 (Allowed Uses and Permit Requirements)
of Section 20.20.020(C) (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC are amended to read as follows:
TABLE 2-4 ALLOWED USES AND PERMIT REQUIREMENTS
Commercial Office Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
OA OG OM OR Specific Use Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments — P — P Section 20.48.230
TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed *
Land Use
CC CG CM CN CV CV-LV Specific Use Regulations See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Service Uses—General
Tattoo Establishments — P — — — — Section 20.48.230
Section 2: Section 20.48.230 (Standards for Specific Land Uses – Tattoo Establishments) of the NBMC is added to read as follows: A. Development Standards.
1. Zoning Districts. Tattoo establishments are authorized within the
Commercial Zoning Districts identified in Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)). 2. Site and Floor Plans. The site and floor plans shall incorporate design features to ensure the activities and operation, including
Planning Commission - May 6, 2021 Item No. 5b - Additional Materials Received From Staff Tattoo Establishment Zoning Update (PA2020-030)
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seating and waiting areas, are conducted entirely within the building or structure. 3.Parking. Parking shall comply with Chapter 20.40 (Off-Street
Parking). The Personal Services, General parking requirement fromTable 3-10 (20.40.40 Off Street Parking Spaces Required) shallapply to all tattoo establishments.4.Signs. Signs shall comply with Chapter 20.42 (Sign Standards). Inaddition, a sign shall be visible at all entrances stating, "No tattoo
service will be provided for any person under the age of 18."5.Location Restrictions. Tattoo establishments shall maintain thefollowing separation requirements:i.One thousand (1,000) feet from another tattoo establishment;ii.Five hundred (500) feet from any primary or secondary school
or park or playground as measured from lot line to lot line; or iii.Five hundred (500) feet from the boundary of any residentialstructure or residential use, including residential uses inmixed-use zoning districts.
B.Operating Standards.1.Hours of Operation. Operating hours must not extend outside thehours of 10:00 a.m. to 10:00 p.m. 2.Maintenance. The owner or operator shall:
i.Maintain the exterior of the premises free of litter and graffiti
at all times; andii.Provide for daily removal of trash, litter, debris and graffiti fromthe premises and abutting sidewalks within twenty (20) feet ofthe premises.
3.Noise. The owner or operator shall be responsible for the control of
noise generated by the tattoo establishment. All noise generated bythe use shall comply with the provisions of Chapter 10.26(Community Noise Control) and other applicable noise controlrequirements of the Newport Beach Municipal Code.
4.Security. The owner or operator shall maintain security cameras
covering all entrances and exits to/from the establishment, the public right-of-way fronting the establishment and the parking facility serving the establishment. The recording shall be retained for no less than thirty (30) days and shall be made available to the
Police Department upon request. 5. Consumption. The service or use of alcohol or marijuana shall beprohibited.6.Screening. All tattoo services shall be screened so as not to bevisible to the exterior of the business.
Planning Commission - May 6, 2021 Item No. 5b - Additional Materials Received From Staff Tattoo Establishment Zoning Update (PA2020-030)
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EXHIBIT “A”
Local Coastal Program Amendment No. LC2020-002
Section 1: Table 21.20-1 in Newport Beach Municipal Code (NBMC)
Section 21.20.020(C) (Commercial Coastal Zoning Districts Land Uses) is
amended, in part to the “Tattoo Establishments” row as follows:
TABLE 21.20-1 ALLOWED USES
Commercial Coastal Zoning Districts
A Allowed
— Not Allowed *
Land Use
CC CG CM (3) CN CV (3)
CV-LV (3) OG Specific Use Regulations See Part 7 of this Implementation Plan for land use definitions.
See Chapter 21.12 for unlisted uses.
Service Uses—General
Tattoo Establishment — A — — — — A
Planning Commission - May 6, 2021 Item No. 5b - Additional Materials Received From Staff Tattoo Establishment Zoning Update (PA2020-030)
46
To the Newport Beach Planning Commision,
My name John Gargan as an advocate and professional artist I am speaking for our local tattoo
community. I was born and raised in Newport Beach and have a large appreciation for this city.
Today I would like to address a few topics in regards to the current Tattoo Establishment
Ordinance Update.
As a local artist I have always had a goal to open a shop of my own within the allowed areas of
the city. After following the city’s proposed updates I believe that the planning commission is
fully segregating tattooing and pushing it away from the most viable locations. As I understand
all businesses must be regulated within their rights I have found some of the material to be
offensive. Tattooing is an ancient art form that has become a largely growing professional
industry. With so much dedication to this craft I must express the fact that we deserve equal
rights to any other business.
The Federal court has found Tattooing to be a purely expressive activity entitled to full First
Amendment protection. I have also followed similar cases of discrimination from surrounding
cities. The standards that are being used to define the secondary effects of tattoo shops are not
are not imposed on other businesses. The supporting facts also seem to be outdated. Tattooing
does not pose any threat to the community, an example of this can be seen through the low
volume of safety calls to tattoo establishments. I also find it completely offensive that the city of
Newport Beach has openly stated a link between tattooing and high risk behaviors such as gang
affiliation, substance abuse and violence. The profession of tattooing has no direct link to any of
these activities. As a professional tattoo artist, father and active member of our community I do
not believe these descriptions to be true. The city of Newport Beach should greatly consider
how these actions can contradict the protection of our civil rights. As the tattoo industry will
continue to grow, the cooperation of the cities remains important. We truly hope you will
consider these facts before putting the updates into place.
Planning Commission - May 6, 2021 Item No. 5c - Additional Materials Received After Deadline Tattoo Establishment Zoning Update (PA2020-030)
47
INTENTIONALLY BLANK PAGE48
Zoning 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)
49
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)
50
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)
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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)
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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)
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Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
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Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
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Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
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Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
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Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
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Planning Commission - May 6, 2021 Item No. 5d - Additional Materials Presented at Meeting by Staff Tattoo Establishment Ordinance Update (PA2020-030)
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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)
60
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)
61
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)
62
Attachment No. PC 4
May 6, 2021 Planning Commission Minutes
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Attachment No. PC 5
June 9, 2021 Memorandum from Police Department
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INTENTIONALLY BLANK PAGE70
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INTENTIONALLY BLANK PAGE72
Attachment No. PC 6
Map of Existing and Proposed Tattoo Establishment Locations
73
INTENTIONALLY BLANK PAGE74
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75
July 22, 2021, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. TATTOO ESTABLISHMENT ZONING ORDINANCE UPDATE
(PA2020-003)
I am no fan of tattoos, but there is much I don’t understand about this.
1.Calls for Service: The staff report (handwritten page 3) cites Attachment No. PC 4 from the
police department to “It did not find any troublesome establishments or specific burden on
police resources.” Yet, Finding 4 on handwritten page 11 of the proposed resolution
describes in detail the anomalously high number of tattoo-establishment-related calls for
police service that require “adequate separation.” How can these be reconciled?
2.Smoking: I am also not a fan of smoking, but can a restriction to tattoo establishments (and
not to other businesses that might have an attractive allure to minors) be justified?
3.Buffers: Handwritten page 4 says “staff does not recommend increasing the separation
requirements.” It would have seemed more helpful to tell the Commission (and public) how
many establishments would be theoretically possible with larger buffers. But am I
understanding
But am I understanding Attachment No. PC 6 (Map of Existing and Proposed Tattoo
Establishment Locations), that even with the staff-proposed buffers, all existing tattoo
establishments will become non-conforming, and there will be only two small allowed areas,
one in Newport Center (soon to be reduced in size or eliminated entirely if the “car wash”
condo proposal is approved) and one along Irvine Avenue in East Santa Ana Heights, near
the airport? And, with the 1,000 foot rule, it would appear those could accommodate at most
one each for a total of two?
4.Medical Zoning: The staff report says “The City’s existing zoning structure does not include
a distinct zone for medical uses.” But doesn’t NBMC Subsection 20.20.010.C describe the
“OM (Office—Medical) Zoning District” – where, according to the proposal on handwritten
page 14, tattoo establishments will specifically not be allowed?1
5.I continue to think the proposed statement in the code (at the bottom of handwritten page
14) that “Tattoo establishments are authorized within the Commercial Zoning Districts
identified in Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM,
CN, CV, CV-LV))” is extremely confusing. It appears to state clearly they are authorized in
all ten districts listed when, in fact, they are allowed in only three of them.
As best I can tell, none of the other sections in Chapter 20.48 have this problem. Why
should this one?
1 In this connection, it strikes me as slightly ironic that tattoo establishments are also proposed to be
banned in the “CM (Commercial Recreational and Marine) Zoning District” since I thought tattoos were
once associated primarily with sailors. Likewise, are the tattoo establishments intended primarily to serve
Newport Beach residents or visitors from other cities? If the latter, banning from visitor-serving districts
might also be difficult to justify.
Planning Commission - July 22, 2021 Item No. 3a - Additional Materials Received Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Zoning and Local Coastal Program Amendment (PA2020-030)
Tattoo Establishments
Planning
Commission
July 22, 2021
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Background
Project was originally presented to the Planning Commission on May 6, 2021
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 - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Follow-up
Topics
Calls for Service
June 9, 2021, Police Dept. Memo
Smoking
Prohibited within 20 feet of the establishment
Annual Review
Buffers
Medical Zoning
Office General, Office Regional and Commercial General Zones
Community Development Department -Planning Division 3
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Community Development Department -Planning Division 4
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. Appointment Only
•Security camera system required
•Screen from public view, no outdoor seating/waiting
areas
•Alcohol and marijuana use prohibited
•No Smoking within 20 feet of premises
•Noise, signs and parking
•All applicable State, County and City Health
regulations
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Community Development Department -Planning Division 5
Map of Existing Zones Tattoo Establishment Allowed with MUP
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Community Development Department -Planning Division 6
Map of Existing and Proposed Tattoo Establishment Locations
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning 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 13
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)
Recommended
Actions
Find the project exempt from CEQA (Section 15061(b)(3))
Adopt Resolution No. PC2021-018, recommending the City Council adopt Zoning Code Amendment No. CA2020-002
Adopt Resolution No. PC2021-019, 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 14
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning 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 15
Planning Commission - July 22, 2021 Item No. 3b - Additional Materials Presented at meeting by Staff Tattoo Establishment Zoning Ordinance Update (PA2020-030)