City Council
LRP-2024-0006
October 15, 2024
Fullerton Municipal Code Tattoo Parlors
Background
2 March 13, 2024 – Planning Commission provided recommendations which included:
Review the permit requirements and fees
Remove the 250-foot separation from residential zones
Remove the 500-foot separation from other tattoo parlors Review the definition of sensitive areas and include churches and schools Consider piercing and similar services separately
Background
2 August 14, 2024 – Planning Commission approved Resolution No. PC-2024-22 recommending that the City Council approve amendments:
Include definitions: Body Piercing, Permanent Cosmetics, Practitioner, Scarification and Tattooing.
Reduce distance of a tattoo parlor to a K-12 grade school from 500 feet to 250 feet Remove the 500-foot separation from other tattoo parlors Remove the 250-foot separation from residential zones
Text change to the measurement method
15.04.040 Definitions
2 TATTOO PARLOR means any facility that engages in the activity of tattooing and body piercing, as defined and regulated by the State of California Health and Safety Code, and any business that conducts scarification and other similar forms of nonmedical body modification. Tattoo Parlors do not include a facility that only conducts ear piercing with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, nor shall it include a facility conducting medical procedures by any licensed physician or surgeon or the application of permanent cosmetics.
Distance Exhibit
Definitions
2 BODY PIERCING means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue, nose, or eyebrow. However, “body piercing" does not include the piercing of an ear, except for the tragus, with a disposable, single-use, pre-sterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
PERMANENT COSMETICS means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color (see Personal Service Facility).
PRACTITIONER means a person who performs body art on a client.
SCARIFICATION means and includes any method used to alter skin texture by cutting the skin and controlling the body's healing process in order to produce wounds which result in permanently raised welts or bumps, or any other technique that changes the contour, or level plane of the skin and/or results in a scar on the skin.
TATTOOING means and includes to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.
2 Goodman Logistics
Center
15.55.020. Special uses permitted with provisions.
E. Tattoo Parlors:
1. A tattoo parlor shall be located as follows:
a. A minimum of 500 250 feet from any other tattoo parlor or public or private K- 12 grade school. b. A minimum of 250 feet from a residential zone.
15.55.020.E Special uses permitted with provisions
2 Goodman Logistics
Center
15.55.020. Special uses permitted with provisions.
E. Tattoo Parlors:
c. b. Measurements of distance shall be made in a straight line without regard to the intervening structures or objects, from the closest exterior wall of the structure or a portion of the structure in which the establishment is located, to the property line of the parcel on which the structure or portion of the structure is located. shall be taken from the closest tenant wall of the tattoo parlor to the nearest wall of an existing tattoo parlor, or the property line of a school or residentially zoned property. Residential zoned properties include those identified in FMC § 15.17.015. Schools shall include private and public schools, but not trade schools, as defined by FMC § 15.04.040.
15.55.020.E Special uses permitted with provisions
2 Goodman Logistics
Center
15.55.020. Special uses permitted with provisions.
E. Tattoo Parlors:
2. A tattoo parlor shall not exceed a size of 3,000 gross square feet.
3. All tattoo parlors shall be designed to ensure that the tattooing, piercing or similar services performed on a patron's specified anatomical body parts as defined by FMC § 7.95.010, are not visible to persons outside the tenant space. Signage, advertising or images depicting specified anatomical body parts shall not be visible to persons outside the tenant space.
4. All tattoo practitioners shall comply with all applicable state and county laws and licensing requirements at all times.
15.55.020.E Special uses permitted with provisions
Recommended Actions
Adopt Ordinance No. XXXX, entitled:
ORDINANCE NO. XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING TITLE 15 ZONING OF THE FULLERTON MUNICIPAL CODE INCLUDING SECTIONS 15.040.040 DEFINITIONS AND 15.55.020 SPECIAL USES PERMITTED WITH PROVISIONS, SUBSECTION E TATTOO PARLORS