On Tuesday, Brentwood City Council voted in favor of amending the Downtown Specific Plan to allow tattoo studios in Downtown Brentwood.
The discussion around allowing tattoo parlors in the downtown was first brought up at the January 28 meeting by Vice Mayor Pa’tanisha Pierson and Councilman Tony Oerlemans on behalf of Calculated Puncture Studio. At the meeting, councilmember Jovita Mendoza suggested the city hire a consulted to assist the city in a determination of benefits, including tax revenues.
Tuesday night, however, the council voted 3-2 in favor of allowing tattoo studios with Mayor Susannah Meyer and Mendoza dissenting. The council opted to direct city to create a process that included an administrative approval process that shows proof of compliance with health and safety code 119303 to 119304—as opposed to a conditional use permit process.
Pierson initiated the motion after discussion.
“My rationale for bringing this as a future agenda item request, I brought this up in January, was that I thought the specific plan was putting us in grave legal danger as it is violative of the first amendment of the constitution,” Pierson said. “The case law in Anderson v. City of Hermosa Beach spoke so loudly that I don’t know why we would even consider not moving this forward.”
According to the Agenda Item No. G.2, the Ninth Circuit Court of Appeals has held that tattooing is “purely expressive activity fully protected by the First Amendment.” (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051.) This means that the city can only regulate tattoo uses that constitute reasonable “time, place, and manner” restrictions.
According to Erik Nolthenius, the Brentwood Planning Manager, questions have arisen since 2017 regarding whether the DSP should be amended and in what manner. One of the inquiries being whether or not the city council would consider revising the DSP to allow tattoo studios downtown.
At a city council meeting on Jan 28, Pierson and Council Member Tony Oerlemans proposed a future agenda item request to further discuss the amendment.
The city council raised several questions and concerns involving whether or not a tattoo studio is the best use for downtown, if a comprehensive update to the downtown specific plan was a better option, would the city be taking a space away from a better fit, the impact on economic development, if there should there be certain regulations, and how does the community feel, that were to be addressed prior to today’s meeting.
Estrella Juarez, one of the owners of Calculated Punkture Tattoo Studio, said that moving their business downtown has always been a goal since they took over the studio in 2019. Estrella Juarez said that over the years, she brought the idea up in conversation whenever she spoke with city officials, but they didn’t officially pursue the amendment of the DSP until January of this year.
According to Juarez, one of the concerns brought up at the Jan 28 meeting was whether or not residents and Downtown Brentwood businesses are supportive of bringing a tattoo studio downtown. After this, Estrella Juarez, and her husband Christopher Juarez, went downtown with a petition to ask the downtown business owners if they would welcome a tattoo studio downtown.
“Luckily for us, we did not have one single person tell us no. As of today, we have 29 signatures of Downtown Brentwood business owners who all fully supported a tattoo shop going downtown,” Estrella Juarez said.
The Juarez also cited an online petition where they have received 874 signatures in support.
Amy Noack, owner of Boondoggies in downtown Brentwood, offered support for tattoo studios in the downtown.
“Some have expressed concern that allowing a tattoo shop downtown could tarnish its reputation, but I would argue the opposite is true. This shop would specifically enhance it. This isn’t just about image, it’s about impact. A tattoo studio offers something truly different from the current mix of salons, boutiques, bars and restaurants. That difference will draw new visitors and new energy to the downtown,” said Noack. “This experience based business compliments what is already downtown and doesn’t compete with it.”
According to the agenda item, one of the concerns brought forth by the city council was how a tattoo studio would impact economic development downtown.
“We’re in the type of industry where people specifically come to us for a specific service that they can’t just get anywhere,” Estrella Juarez said. “On the other side of that, over 90% of our clients who come in here will go get food before an appointment or they go get a drink after. We would 100% bring clientele to Downtown Brentwood.”
Oerlemans expressed support Tuesday towards Calculated Punkture and the motion.
“We as a city council have said numerous times that we have challenges with the state mandating what we can and cannot do with our housing, and I feel that with some of the rules that exist within the specific plans all around Brentwood are imposing some of those same rules on the businesses within Brentwood,” Oerlemans said. “Calculated Punkture in our downtown would bring a benefit to downtown and add to the atmosphere of downtown.”
Had the council gone with a Conditional Use Permit process, it would cost any tattoo studio who wanted to go downtown $5,850. The council opted for the administrative approval.
According to acting city manager Darin Gale, based on the direction of the city council, this will go before the planning commission for their consideration before returning to the city council for two readings. It would then not become effective until 30-days after the second reading and will not happen overnight.
