ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 15 ZONING INCLUDING SECTIONS 15.040.040 DEFINITIONS AND 15.55.020 SPECIAL USES PERMITTED WITH PROVISIONS, SUBSECTION E TATTOO PARLORS LRP-2024-0006
APPLICANT: city of fullerton
WHEREAS, the City of Fullerton filed an application to consider revisions to Fullerton Municipal Code Title 15 Zoning.
WHEREAS the Planning Commission of the City of Fullerton held a duly noticed public hearing for LRP-2024-0005 on August 14, 2024 in compliance with Fullerton Municipal Code (FMC) Chapter 15.76 noticing requirements.
WHEREAS the Planning Commission of the City of Fullerton recommended that City Council approve LRP-2024-0006.
WHEREAS City Council continued LRP-2024-0006 to November 19, 2024 on October 15, 2024 and then continued to December 3, 2024.
WHEREAS, the recommended action is exempt from further review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) as the commonsense exemption that CEQA applies to projects with potential to causing a significant effect on the environment covers this action.
NOW, THEREFORE, the City Council of the City of Fullerton, ordains as follows:
Section 1. In all respects as set forth in the Recitals of the Ordinance.
Section 2. The Planning Commission of the City of Fullerton recommends City Council amend Fullerton Municipal Code Chapter 15.04 and Chapter 15.55 as follows:
SECTION 15.04.040. Definitions, will include the following definitions:
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.
SECTION 15.55.020. Special uses permitted with provisions, Subsection E Tattoo Parlors will be amended in its entirety to read as follows:
E. Tattoo Parlors:
A tattoo parlor shall be located as follows:
A minimum of 250 feet from any public or private K-12 grade school.
Measurement 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.
A tattoo parlor shall not exceed a size of 3,000 gross square feet.
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.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 3, 2024. 2