CITY OF SANTA ANA Tattoo/ Body Art ORDINANCE COMMUNITY MEETING City Hall Ross Annex Conference Room 1600 August 10, 2017
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CITY OF SANTA ANA
Tattoo/
Body Art ORDINANCE
COMMUNITY MEETING City Hall Ross Annex
Conference Room 1600 August 10, 2017
Today’s Agenda
1) Introduction & Background (2 minutes)
2) Current City Regulations (2 minutes)
3) How Cities Are Addressing Tattoo Establishments (10 minutes)
4) Proposed Draft Ordinance Regulations (14 minutes)
5) Next Steps & Timeline (2 minutes)
6) Community Feedback (30 minutes)
Page 2
Introduction & Background
• Why a change Now?
Anderson v. City of Hermosa Beach
o United States Court of Appeals for the Ninth Circuit ruled that tattoos, tattooing, and the business of tattooing are considered a form of artistic expression and therefore protected under the First Amendment (2010).
Real v. City of Long Beach
o United States Court of Appeals for the Ninth Circuit determined that municipalities should ensure that there are sufficient locations in which tattoo parlors may operate (2017).
Page 3 Page 3
City Current Regulations
• Allowed only in the Heavy Industrial (M-2) zone with approval of a Conditional Use Permit (CUP) by the Planning Commission
Page 9 Page 4
City Current Regulations
Page 9 Page 5
How Cities Are Addressing Tattoo Establishments
Page 6
City Zones Allowed Approval Action Distance Requirements
Long Beach Some Commercial and Mix-Use Zones
Conditional Use Permit (CUP)
1,000 feet of any existing adult entertainment, arcade, fortunetelling, tattoo parlor or tavern use.
San Diego Most Commercial Zones Permitted by Right 1,000 feet of another facility, residentially zoned property and/or a church, a school, a public park, or a social service institution.
Hermosa Beach Some Commercial zones Permitted by Right 1,000 to 1,500 of any other tattoo/body piercing establishment, depending on zone.
Signal Hill Some Commercial Zones Permitted by Right 1,000 feet of another tattoo and/or body piercing studio in any jurisdiction 1,000 feet of a church, school, library, public park, day care center or community center 1,000 feet from any area zoned for residential use
Santa Monica Most Commercial and Mix-Use Zones
Minor Use Permit (administrative)
None
Pomona Highway Commercial (C-4) zone only
Conditional Use Permit 500 feet of another tattoo parlor or facility, church, school, public park, day care center, or community center.
Anaheim Most Commercial Zones Permitted by Right None
Glendale Most Commercial Zones Permitted by Right None
Sacramento Most Commercial Zones Permitted by Right None
Garden Grove Community Commercial (C-2)
Permitted by Right None
Page 6
Proposed
Draft
Ordinance
Permitted Zones:
o Community Commercial (C-1)
o General Commercial (C-2)
Page 9 Page 7
Page 9 Page 8
Permitted Zones:
o Transit Zoning Code (Downtown)
o Sub-Zones o Transit Village (TV) o Downtown (DT) o Urban Center (UC) o Corridor (CDR)
Proposed
Draft
Ordinance
Permitted Zones:
o Harbor Mixed Use Transit Corridor
o Sub –Zones
o Transit Node
o Corridor
Page 9 Page 9
Proposed
Draft
Ordinance
Permitted Zones:
o Metro East Mixed Use Overlay Zone
o Sub –Zones
o Village Center District
o Active Urban District
Page 9 Page 10
Proposed Draft Ordinance
Location and Distance Requirements:
Located on the ground floor of a building
Located 500 feet from a school (private or public) and public parks o This requirement will not apply to Downtown
o Measure from PL to PL
Located 500 feet from another tattoo establishment o This requirement will not apply to Downtown
o Measure from PL to PL
Page 9 Page 11
Proposed Draft Ordinance
Operational Requirements:
Allowed to operate between 7am and midnight o After hours allowed with a Conditional Use Permit
Temporary or mobile establishments or events will require a Land Use Certificate
Page 9 Page 12
Proposed Draft Ordinance
City Permit Requirements:
Proof of State Certification
Police Department Permit
Business License
Certificate of Occupancy
Page 9 Page 13
Next Steps and Timeline
Continue to draft Ordinance to reflect public input
o September 11 – General Plan & Zoning Ordinance Advisory Group
o September 25 – Planning Commission Public Hearing
o October 17 – City Council 1st Reading
o November 7 – City Council 2nd Reading
Page 14
Contact Information
Page 21 Page 15
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