Agenda Item Wording:
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Consider the extension of Ordinance No. 2021-10, an interim zoning ordinance adopted as an urgency measure to regulate the location of smoke shops and tobacco shops, Citywide. (4/5's approval of the Council required for passage.)
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Deadline for Action: 1/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Community Development Director, paul.bernal@visalia.city, (559)713-4025
Department Recommendation:
Staff recommends that the City Council extend Ordinance No. 2021-10, an interim ordinance, as an urgency measure to regulate the location of smoke shops and tobacco stores citywide.
Summary:
On December 6, 2021, the City Council Ordinance No. 2021-10. The interim ordinance was considered under 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 City Council made the findings, as stated in the attached ordinance, that these uses pose an immediate threat to the public health, safety, or welfare. The City Council finds and declares that there is a current and immediate threat to public health, safety, and welfare, caused by youths using tobacco products that requires the adoption of the proposed interim zoning ordinance while a more specific amendment to the Zoning Ordinance is reviewed in the normal process by the City. Furthermore, the City Council finds and declares that approving additional conditional use permits to allow additional Smoke Shops/Tobacco Stores near specified sensitive uses or within close proximity of an existing Smoke Shop/Tobacco Store would potentially be in conflict with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city by creating conditions that would increase the visibility and usage of tobacco produ...
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