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Home My WebLink AboutA. Discussion of Potential Regulatioins to Tattoo Establishments in the city of Palm Desert CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: DISCUSSION OF POTENTIAL REGULATIONS TO TATTOO ESTABLISHMENTS IN THE CITY OF PALM DESERT. SUBMITTED BY: Kevin Swartz, Assistant Planner DATE: December 15, 2009 Background At the Planning Commission meeting held on November 10, 2009, Commissioner DeLuna expressed concerns about the number, location and concentration of tattoo establishments on Highway 111 in Palm Desert. Commissioner DeLuna asked staff to research potential regulations on the location of tattoo establishments. The following information describes the history of previous attempts to regulate these establishments. At the December 11, 1997, City Council meeting there was a request for consideration of an amendment to the Palm Desert Municipal Code (PDMC) to regulate tattoo businesses within the City. The City Council wanted to amend Chapter 5.88 of the PDMC to regulate tattoo establishments as adult businesses. There was a long discussion, one Councilman didn't agree, because he did not find tattoo businesses offensive. Two Councilmembers were concerned with treating tattoo establishments as adult businesses since they are located based on proximately and didn't want to impact other areas. The City Attorney stated, "There would be an impact if there is no ability to locate an adult business in the area because a tattoo establishment is there." The Council agreed, and took the direction by the City Attorney to direct staff to look into the ordinance again, and not have it included in the definitions of an adult business. The discussion was continued to the meeting of January 8, 1998. At the January 8, 1998, City Council meeting there was no discussion, since the City Attorney asked that this matter be continued to the next meeting of January 22, 1998 when a regulatory ordinance will be presented. At the January 22, 1998, City Council meeting the City Attorney briefed the Council that as of January 1, 1998, a new legislation was is in effect. The State Department of Health Services had stepped into the field to regulate all of the business activity of tattooing, creating regulations, for each individual county health department to regulate. The City Attorney recommended that the City not attempt to regulate the business of tattooing. The Council agreed and adopted the City Attorney's report. Staff Report Tattoo Regulations Discussion December 15, 2009 Page 2 of 4 Discussion Staff has identified six tattoo establishments on Highway 111, and one located along Joni Drive, within the City limits (vicinity map attached). Staff has also researched other cities to identify possible regulations on tattoo establishments. Indian Wells: Does not address tattoo establishments in their municipal code, therefore they are prohibited. No business owner has applied for a business license. Rancho Mirage: Does not address tattoo establishments in their municipal code, therefore they are prohibited. No business owner has applied for a business license. Cathedral City: Allows tattoo establishments subject to a Conditional Use Permit. In 2001 their City Council expressed concerns regarding tattoo establishments located on East Palm Canyon. At their September 24, 2009 meeting, the Planning Commission adopted a resolution prohibiting tattoo establishments along East Palm Canyon. Cathedral City's Planning Commission recommend to the City Council that they approve a zoning ordinance amendment to Cathedral City Municipal Code Sections 9.30, 9.34, 9.36, and 9.96 to prohibit the location of tattooing and body piercing establishments along East Palm Canyon Drive or within 300 feet of the right-of-way of East Palm Canyon Drive. The Findings of approval adopted by Cathedral City's Planning Commission were: 1. The proposed Zone Ordinance Amendment is consistent with the established goals, policies and objectives of the General Plan; 2. The proposed Zone Ordinance Amendment finds that East Palm Canyon Drive is a significant corridor of the City and requires special land use provisions; 3. Since tattoo and body piercing establishments will not contribute to the positive development or economic vitality of East Palm Canyon Drive the proposed Zone Ordinance Amendment will prohibit tattooing and body piercing establishments along East Palm Canyon Drive or within 300 feet of the right-of-way of East Palm Canyon Drive; 4. The proposed Zone Ordinance Amendment will enhance the public health, safety, and general welfare for the residents of the City. C\Documents and Settings\kswartz\My Documents\Tattoo discussion PC report.doc Staff Report Tattoo Regulations Discussion December 15, 2009 Page 3 of 4 At the October 28, 2009 Cathedral City, City Council meeting, the City Council requested that staff include massage establishments, pawn shops, fortune tellers, bail bonds, and other similar uses into the ordinance. Palm Desert: If the Palm Desert Planning Commission believes that tattoo establishments portray a negative image or less desirable business appearance, staff proposes four possible approaches to regulation. The Planning Commission may choose to recommend one of staff's proposals to the City Council or an alternative recommendation. Since there are currently seven locations within the City, existing businesses may be impacted by any proposed modifications and staff would have to address grandfathering or relocation within any proposed zoning ordinance amendment. 1. Eliminate tattoo establishments within the City's commercial core along Highway 111 and El Paseo. Eliminating tattoo establishments in the commercial corridor will assist in preserving the quality of development along the City's primary entryways. Highway 111 and El Paseo are the major retail corridors of the City and tattoo establishments do not contribute to the positive development or economic vitality of the city. Highway 111 serves as the primary connection to other desert cities east and west. Indian Wells and Rancho Mirage do not allow tattoo establishments, because they are not addressed in their respected municipal codes. This is causing an influx of tattoo establishments in Palm Desert along Highway 111. Prohibiting tattoo establishments along Highway 111 and EL Paseo may help prevent any deleterious impacts from a concentration of tattoo establishments on Highway 111, thereby reducing or eliminating the adverse secondary effects of such uses in the area. Tattoo establishments would be permitted outright in other zones and areas of the City. 2. Require a Conditional Use Permit (CUP) in all zones, except residential, for a tattoo establishment to open business. These zones are the PC (Planned Commercial) District, PCD (Planned Community Development) District, (S.I) Service Industrial District, C-1 (General Commercial) District, O.P (Office Professional). This would include Highway 111 and El Paseo. The ordinance can be written to require a CUP in all zones, but prohibit them along Highway 111 and El Paseo. If a CUP is required, tattoo establishments must be approved by the Planning Commission to establish the business. The Planning Commission may approve a tattoo establishment with conditions of approval placed on the business, or may deny an application if it was believed that the business was not located in an appropriately. The CUP will focus upon the safety and welfare of the client, community, and property. Conditions of approval for a CUP would also regulate hours of operation, number of employees, parking, and signage. A CUP would be approved for the property, not the business owner, and it may be revoked if a business is operating outside the terms of the conditions. C:\Documents and Settings\kswartz\My Documents\Tattoo discussion PC report.doe Staff Report Tattoo Regulations Discussion December 15, 2009 Page 4 of 4 Requiring a CUP for this type of business is not the best solution because it requires staff to analyze parking and other land use compatibility requirements. These analysis would show that tattoo establishments are typically open from 3 pm to 1 am, and do not create parking problems since most other businesses in the same location will be closed. The legal findings for approving or denying the CUP will be difficult for staff to make. 3. If the Planning Commission is willing to allow tattoo establishments within all zones, except residential, without prohibiting them within the commercial core, then a proximity prohibition can be placed in the zones. An example would be to restrict tattoo parlors so that no other one can be within 500 feet, or 1,000 feet or 1,500 feet from each other, and/ or schools, child care centers, municipal parks, and places of worship. 4. Other local cities have outright prohibited tattoo establishments and the Planning Commission may consider that as well. These cities do not address tattoo establishments in their municipal codes, therefore do not allow them. However, business owner has challenged one of these cities and the legal grounds to deny the business may be difficult for the City of Palm Desert since there are seven tattoo establishments doing business today. Recommendation: If the intent of the Planning Commission is to eliminate tattoo establishments along the City's main commercial corridors, Highway 111 and El Paseo, then staff is recommending regulation No.1. The Planning Commission may also decide on an alternative recommendation to the City Council. 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