Yvon
Yvon v. City of Oceanside
Opinion
Lead Opinion
Honbattaglia, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
Presently before the Court is Plaintiff Christopher Yvon’s (“Yvon”) motion for preliminary injunction. 1 (Doc. No. 3.) Defendant City of Oceanside (“City”) opposes the motion. (Doc. Nos. 5, 10.) Having reviewed the parties’ arguments and controlling authority, and pursuant to Local Civil Rule 7.1.d.l, the Court finds the matter suitable for decision on the papers, without oral argument. The Court GRANTS Yvon’s motion.
*1152 Background
Yvon is an individual seeking the City’s approval to operate a tattoo studio at 609 Vista Way in Oceanside, California. (Doc. No. 1 ¶¶ 1, 9.) The location where Yvon seeks to open his studio is governed by the substantive provisions of the 1986 Zoning Ordinance and the administrative provisions of the 1992 Zoning Ordinance. (Doc. No. 5-3 ¶ 14.) Section 1500 of the 1986 Ordinance (“CUP regulation”) requires persons seeking a business license to operate a tattoo business in Oceanside to obtain a conditional use permit (“CUP”). (Id. ¶ 10.) Yvon alleges that this regulation grants City officials unbridled discretion in determining whether to grant or deny a permit. (Id. ¶ 11.) Yvon further…