PC Res 3319RESOLUTION NO. 3319
OF THE CITY
DETERMINATION
TATTOO/BODY
ACCESSORIES BE
(NEIGHBORHOOD
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF CAMPBELL MAKING THE
THAT BUSINESSES OFFERING
PIERCING AND/OR SMOKING
A PERMITTED USE WITHIN THE C-1-S
COMMERCIAL) ZONING DISTRICT
SUBJECT TO ISSUANCE OF A CONDITIONAL USE PERMIT.
After due consideration of all evidence presented, the Planning Commission did find as follows
with regard to the C-1-S (Neighborhood Commercial) Zoning District:
1. A tattoo and/or body piercing establishment is similar to other uses permitted in the C-1-S
(Neighborhood Commercial) Zoning District, such as tanning salons and massage
establishments, subject to the approval of a Conditional Use Permit.
2. A smoking accessory establishment is similar to other uses permitted in the C-1-S
(Neighborhood Commercial) Zoning District, such as liquor stores, subject to the approval of
a Conditional Use Permit.
3. A tattoo, body piercing, and/or smoking accessory establishment is similar in intensity to
other uses permitted with a Conditional Use Permit in the C-1-S (Neighborhood
Commercial) Zoning District.
4. Permitting a tattoo, body piercing, and/or smoking accessory establishment in a C-1-S
(Neighborhood Commercial) Zoning District with the approval of a Conditional Use Permit
is in keeping with the intent and purpose of the zoning district.
5. The requirement for approval of a Conditional Use Permit will provide the opportunity for
public review and comment and the imposition of conditions to ensure the compatibility of
such proposed uses with the surrounding community.
In addition to the approval of a Conditional Use Permit from the City of Campbell to allow a
tattoo, body piercing, and/or smoking accessory establishment, there are various other
regulations with which these uses would have to comply, including but not limited to:
A. Campbell Municipal Code Section 8.24: Strictly regulates the manner of operation for
establishments selling or displaying smoking accessories/drug paraphernalia.
B. State of California Health and Safety Code: Regulates tattoo and body piercing
establishments
o
C. State of California Penal Code: Strictly regulates the manner of operation for
establishments selling or displaying smoking accessories/drug paraphernalia.
D. State of California Business and Professions Code: Regulates the sales and marketing of
tobacco and smoking accessories to minors.
The Conditional Use Permit procedure will allow the Planning Commission an opportunity to
review the compatibility of a certain use at a specific location and to ensure that an over-
concentration of such uses does not result.
Planning Commission Resolution No. 3119
Determination: Tattoo/Body Piercing and/or Smoking Accessory Uses in C-1-S
Page 2
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
Upon approval of a Conditional Use Permit, the establishment of a tattoo, body piercing,
and/or smoking accessory retail use in a C-1-S (Neighborhood Commercial) Zoning District
will not be detrimental to the public health, safety, peace, morals, comfort, or general welfare
of persons residing or working in the neighborhood of such proposed use, or be detrimental
or injurious to property and improvements in the neighborhood or to the general welfare of
the City.
A tattoo, body piercing, and/or smoking accessory establishment is similar to other uses
allowed in the C-1-S (Neighborhood Commercial) Zoning District, subject to the approval of
a Conditional Use Permit.
A tattoo, body piercing, and/or smoking accessory establishment, subject to the approval of a
Conditional Use Permit, would be compatible with the General Plan of the City and will aid
in the harmonious development of the City in providing a variety of retail services in the
community.
PASSED AND ADOPTED this 28th day of November, 2000, by the following roll call vote:
ATTEST:
Commissioners: Doorley, Francois, Gibbons, Hemandez, Jones, Lindstrom,
Commissioners: None
Commissioners: Lowe
Commissioners: None
APPROVED:~fd-2~~ ~J~'.~ ~' ~c-~
~Eli~.a~eth Gibbons, Chair
Sharon Fierro, Secretary
AYES:
NOES:
ABSENT:
ABSTAIN: