Agenda Item Wording:
title
Adoption of the second reading of Ordinance No. 2022-04 pertaining to the approval of Zoning Text Amendment No. 2021-10: A request by the City of Visalia to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use) Zones, Citywide.
body
Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Josh Dan, Associate Planner, josh.dan@visalia.city <mailto:josh.dan@visalia.city>, (559)713-4003
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025)
Department Recommendation:
Staff recommends that the City Council adopt the second reading of Ordinance No. 2022-04, as amended, to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use) Zones, Citywide.
Summary:
The first reading of Ordinance No. 2022-04 for Zoning Text Amendment (ZTA) No. 2021-10, approved by the City Council on March 21, 2022, amended provisions in the Municipal Code (both Chapters 8 and 17) related to Smoke Shops / Tobacco Stores.
This ZTA is a city-initiated request to address the increase in applications for smoke shops and concern for smoke shop proximities to sensitive land uses.
The proposed Zoning Ordinance changes are as follows:
• Amend Chapter 8.46 Legislative Purpose to align with the State of California minimum age requirement to purchase tobacco or tobacco related products and Definitions regarding Tobacco Stores to align with the existing 30 percent threshold in the Zoning Ordinance and other proposed changes to Chapter 17 (Zoning).
• Amend Section 17.04.030 Definitions “Smoke Shop / Tobacco Store” to include vaping and adjust the calculated area from net floor area to the more consistent gross floor area found throughout the Zoning Ordinance.
• Amend Section 17.25.030 (Zoning Use Matrix) line R78 to note the inclusion of special use standards.
• Amend Section 17.32 Special Provisions to include performance standards regarding “Smoke Shop / Tobacco Stores”.
During the adoption of Ordinance No. 2022-04, the City Council adopted a 1,000-foot buffer distance rather than the recommended 750-foot buffer distance. No other changes to the ordinance were made.
Background Discussion:
In recent years, the City of Visalia has seen an increase in requests for CUPs to operate a Smoke Shop/Tobacco Store. Since the 2017 update, staff have received nine smoke shop submittals through SPR, which have resulted in seven smoke shop conditional use permit application submittals with only four having been approved by the Planning Commission. In 2021, a Smoke Shop/Tobacco Store CUP was proposed on Houston Avenue within 400 feet of Houston Elementary School. This particular CUP was approved because the current Zoning Ordinance is silent regarding this type of commercial activity near schools.
As a result of this outcome, the City Council, during a work session item at the November 15, 2021, meeting, considered potential zoning ordinance changes that could place restrictions on proximity of this type of use from sensitive land uses and determined that additional regulation would be in the interest of the public health, safety, or welfare. During this discussion, the City Council directed staff to considered zoning ordinance changes that could be considered for adoption to reduce the visibility of tobacco products/stores, particularly in areas where minors congregate.
In response to this direction from City Council, staff prepared an interim ordinance, as an urgency measure, requiring a 750-foot buffer from sensitive land uses. This distance was determined based on similar distance requirements in the Municipal Code for adult-oriented businesses. This interim ordinance was adopted and extended under the provisions of Government Code Section 65858, which permits the adoption of interim zoning ordinances as an urgency measure upon findings that there is a current and immediate threat to the public health, safety, or welfare. The adoption of the urgency ordinance has afforded staff with the necessary time to study the extent of revisions necessary to address smoke shops and consider different buffer distances and their impact to land inventory.
Fiscal Impact:
None.
Prior Council Action:
• On March 21, 2022, the City Council introduced the first reading of Ordinance No. 2022-04, for the approval of Zone Text Amendment No. 2021-10.
• On January 18, 2022, City Council Public Hearing: The City Council extended Ordinance No. 2021-10 for an additional 10 months pursuant to Government Code section 65858.
• December 6, 2021, City Council Public Hearing: The City Council adopted Ordinance No. 2021-10, an interim zoning ordinance to be adopted as an urgency measure to regulate the location of smoke shops and tobacco shops, Citywide. The adoption of the urgency ordinance was done in compliance with Government Code section 65858.
• November 15, 2021, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential performance standards for smoke shops (retail of cigarettes and smoke devices/paraphernalia), and begin a Zoning Text Amendment.
Other: Planning Commission Review and Action:
On February 28, 2022, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2021-10, as presented by staff with modifications to the definition of “Smoke Shop/Tobacco Store” and inclusion of preschools within the sensitive land use section of the proposed ordinance. The Planning Commission revisions are reflected in the staff report and the attachment to Ordinance No. 2022-04. During the public hearing, five individuals spoke in support of the proposed zone text amendment. One member requested that the buffer distance be adopted at 1,000 feet to ensure that there is able distance from sensitive land uses and smoke shop establishments. In addition, a question related to apparel displaying tobacco advertising was raised.
It should be noted, a federal law, the Tobacco Control Act, forbids manufacturers and distributors of cigarettes or smokeless tobacco from marketing or licensing products that identify their brands of cigarettes or smokeless tobacco. There were no comments received in opposition to the proposed ordinance.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2022-04 for Zone Text Amendment No. 2021-10.
end
Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) Per Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) Per Section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project.
Attachments:
1. Revised Ordinance No. 2022-04 for Zoning Text Amendment No. 2021-10
2. Exhibit A - 750-ft Buffer Map
3. Exhibit B - 800-ft Buffer Map
4. Exhibit C - 900-ft Buffer Map
5. Exhibit D - 1,000-ft Buffer Map
6. Exhibit E - Map of Existing Smoke Shops
7. Exhibit F - Example - Projected 750-Foot Buffer After Adding Two Additional Smoke Shops
8. Visalia Municipal Code Chapter 8.46 (Exposure of Minors to Tobacco Products)
9. Visalia Municipal Code Chapter 8.48 (Smoking)
10. Planning Commission Staff Report dated February 28, 2022