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File #: 21-0598    Version: 1
Type: Work Session Item Status: Agenda Ready
File created: 11/1/2021 In control: Visalia City Council
On agenda: 11/15/2021 Final action:
Title: Discussion and direction on potential recommended changes to the Zoning Ordinance related to Line R78 Smoke Shops (retail of cigarettes and smoke devices/paraphernalia) of the Zone Land Use Table (Chapter 17.25).
Attachments: 1. 1. Visalia Municipal Code Chapter 8.46 (Exposure of Minors to Tobacco Products), 2. 2. Visalia Municipal Code Chapter 8.48 (Smoking), 3. 3. Visalia Municipal Code Chapter 7.25 (Table 17.25.030 Use Matrix, Line R78), 4. 4. Sensitive Land Use with 750-ft Buffer Map
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Agenda Item Wording:
title
Discussion and direction on potential recommended changes to the Zoning Ordinance related to Line R78 Smoke Shops (retail of cigarettes and smoke devices/paraphernalia) of the Zone Land Use Table (Chapter 17.25).
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Deadline for Action: 11/15/2021

Submitting Department: Community Development

Contact Name and Phone Number:
Josh Dan, Associate Planner, josh.dan@visalia.city, (559) 713-4003
Mike Olmos, Interim City Planner, mike.olmos@visalia.city, (559) 713-4449
Paul Bernal, Community Development Director, paul.bernal@visalia.city, (559) 713-4025

Department Recommendation:
That the City Council receive the staff report and presentation on potential changes related to Line R78 "Smoke Shop/Tobacco Store" (retail of cigarettes and smoke devices) of the Zone Use Table (Chapter 17.25) and direct staff to begin processing a Zoning Text Amendment to implement potential changes identified in the staff report, including incorporating comments and modifications received from the City Council, and members of the public. Revisions to be considered as part of the Zoning Text Amendment process related to "Smoke Shop/Tobacco Store" will be subject to further public hearings by both the Planning Commission and City Council.

Background Discussion:
On May 17, 2021, the City Council received a staff report and presentation related to an appeal of the Planning Commission's approval of Conditional Use Permit No. 2021-06, a request to establish a "smoke shop" in a former convenience store located at 1410 West Houston Avenue, which is 400-feet from Houston Elementary School. During the public hearing, the City Council received comments related to concerns regarding the smoke shops proximity to an elementary school and other sensitive land uses. Although the City Council denied the appeal and upheld the Planning Commission's approval, several Councilmembers expressed interest in staff returning to a future Council meeting with a staff report to ident...

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