Agenda Report
Fullerton City Council
MEETING DATE: October 15, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: Sunayana Thomas, Director of Community And Economic Development
PREPARED BY: Chris Schaefer, AICP, Planning Manager
DAVID LOPEZ, SENIOR PLANNER
SUBJECT: Amendments to 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
SUMMARY
Proposed amendments to the Fullerton Municipal Code (FMC), Title 15 Zoning related to the regulations for tattoo parlors.
PROPOSED MOTION
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
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
ALTERNATIVE OPTIONS
None.
STAFF RECOMMENDATION
Approve Ordinance No. XXXX.
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
Not applicable.
FISCAL IMPACT
There is no impact to the City’s General Fund by this action.
BACKGROUND AND DISCUSSION
On March 13, 2024, Planning staff presented a report to the Planning Commission that included a survey of twelve cities comparing their regulations against the City of Fullerton’s Municipal Code. The survey identified the regulations for establishments that sell alcoholic beverages for off-site consumption, tattoo parlors, and tobacco retail stores. A discussion was held on all three business types in which the Planning Commission provided guidance and recommendations including establishing separation requirements for each business type.
On August 14, 2024, Planning staff presented LRP-2024-0006 to the Planning Commission that included amendments to Title 15 Zoning related to tattoo parlors based on the recommendations that previously came from the Planning Commission. In addition to the required public hearing noticing, staff mailed notices to all of the registered tattoo parlor operators in Fullerton. One tattoo parlor operator (name not provided) spoke in support of the request as well as one member of the public (Attachment 6).
The Planning Commission approved Resolution No. PC-2024-18 with a 4-0-1 vote (Commissioner Mansuri absent) with the recommendation that the City Council approve the code amendments (Attachment 4). In summary, staff is recommending that the following definitions be added to FMC Section 15.04.040: “Body Piercing,” “Permanent Cosmetics,” “Practitioner,” “Scarification,” and “Tattooing.” No changes are proposed to the definition of “Tattoo Parlor.” The requested amendments to FMC Section 15.55.020.E include the following:
Reduce the distance or separation of a tattoo parlor to a K-12 grade school from 500 feet to 250 feet.
Text change to add “public or private” to K-12 grade school.
Remove the separation requirement between tattoo parlors (500 feet of separation between a tattoo parlor to another tattoo parlor).
Remove the separation requirement of a tattoo parlor to a residential zone (250 feet of separation).
Text change to the measurement or distance of a tattoo parlor to a K-12 grade school.
Text change to add a requirement that all tattoo practitioners comply with all applicable state and county laws and licensing requirements at all times.
There are no changes to the current licensing requirements for tattoo parlors. A City business license will still be required for the operation of a tattoo parlor in zones in which they are permitted. Tattoo parlors are permitted in all commercial zones and are prohibited in Office Professional (O-P), General Manufacturing (M-G) and Manufacturing Park (M-P) zones.
Environmental Review
In accordance with the California Environmental Quality Act (CEQA) Guidelines, the recommended action is exempt from further review pursuant to Section 15061(b)(3) as the action is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Attachments:
• Attachment 1 – PowerPoint Presentation
• Attachment 2 – Draft Ordinance No. XXXX
• Attachment 3 – Planning Commission Staff Report dated August 14, 2024 • Attachment 4 – Planning Commission Resolution No. PC-2024-18 • Attachment 5 – Summary of Proposed Amendments
• Attachment 6 – Planning Commission Minutes dated August 14, 2024 cc: City Manager Eric J. Levitt
Title 15 Amendments Regarding Tattoo Parlors
October 15, 2024 - Page 2