HomeMy Public PortalAbout15) 8C 2nd Reading & Adoption of Ord. No. 13-975 Tobacco & e-cigaretteDATE:
TO:
FROM:
SUBJECT:
AGENDA
ITEM 8.C.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
August 6, 2013
The Honorable City Council
Jose E. Pulido, City Manager Cf'
Via: Mark Persico, AICP, Community Development Director
By: Hesty Liu, AICP, Associate Planner
SECOND READING AND ADOPTION OF ORDINANCE NO. 13-975,
AMENDING CHAPTER 1 ("ZONING CODE") OF TITLE 9 ("ZONING
REGULATIONS") OF THE TEMPLE CITY MUNICIPAL CODE TO
ESTABLISH REGULATIONS AND CONDITIONAL USE PERMIT
REQUIREMENT FOR: TOBACCO SHOPS; E-CIGARETTEN APORIZER
STORES; AND CLOSELY-RELATED BUSINESSES
RECOMMENDATION:
The City Council is requested to waive further reading and adopt Ordinance No. 13-975
(Attachment "A"), amending Chapter 1 ("Zon i ng Code") of Title 9 ("Zoning Regulations") of
the Temple City Municipal Code to establish regu lations and Conditional Use Permit
requ irement for tobacco shops, e-cigarette/vaporizer stores, and closely-related
businesses.
BACKGROUND:
1. On July 21, 2009, the City Council adopted Ordinance No. 09-928 prohibiting
smoking in City Parks.
2. On December 4, 2012, the City Council adopted Ordinance No. 12-965, adding
Article D ("Tobacco Retailer Permit Ordinance") of Chapter 2 ("Business Permits")
of Title 5 ("Business License and Regulations") of Temple City Municipal Code to
address the failing ("F") grade Temple City received for insufficient local tobacco
control policies as published by the American Lung Association's State of Tobacco
Control 2012-California Local Grade Results.
3. From January to March of 2013, the City received a large number of inquiries from
City Council
August 6, 2013
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business owners wanting to establish e-cigarette/vaporizer retail and
tobacco/smoke shops in the City. After zoning clearance, three businesses were
approved -"House of Vapor" and "Aqua Vape" in the City's Downtown Specific
Plan area and "0 G Smoke Shop" in the C-3 (Heavy Commercial) Zone
(Attachment "8").
4. On June 25, 2013, at its regular meeting, the Planning Commission held a public
hearing to review the proposed code amendment. The Planning Commission
made the recommendation to the City Council approving the proposed code
amendment (Attachment "C").
5. On July 16, 2013, staff presented Ordinance No. 13-975 to the City Council for first
reading. After introducing Ordinance No. 13-975 for first reading, the City Council
directed staff to conduct a survey of surrounding cities regarding the subject.
ANALYSIS:
During the hearing for first reading and adoption of Ordinance No. 13-975 on July 16,
2013, Council Member Yu and Council Member Blum requested staff to complete a
survey of surrounding cities on the subject topic (Attachment "E"). Among the 19 cities
surveyed, 12 cities currently permit tobacco ore-cigarette shops as retail businesses;
five cities (i.e., Claremont, Montclair, Hemet, National City and Santa Rosa) require a
Conditional Use Permit; and two cities (i.e., Covina and Duarte) adopted moratoria in
order to complete studies on the subject. The Conditional Use Permit requirement of the
City of Hemet is the result of a recent code amendment which limits tobacco or e-
cigarette shops to its M-2 (General Commercial) and C-M (Commercial Manufacturing)
Zones. The City of Montclair is also considering amending the code to add locational
criteria (similar to those in our proposed ordinance), in addition to its Conditional Use
Permit requirement.
Adopting the proposed ordinance would be a proactive approach to address the
community concerns and to avoid overconcentration of this type of businesses. Survey of
surrounding cities also indicates that some cities already have regulations in place, or in
the process of developing regulations for tobacco or e-cigarette shops.
CONCLUSION:
The City Council is requested to adopt Ordinance No. 13-975 amending Chapter 1
("Zoning Code") of Title 9 ("Zoning Regulations") of the Temple City Municipal Code to
establish regulations and Conditional Use Permit requirement for tobacco shops, e-
cigarette/vaporizer stores, and closely-related businesses.
City Council
August 6, 2013
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FISCAL IMPACT:
It is anticipated the adoption of proposed Ordinance No. 13-975 will not have a fiscal
impact on the Fiscal Year (FY) 2013-14 City Budget. The City will generate revenue to
cover the cost of processing Conditional Use Permit applications. Staff cannot estimate
at this time how many Conditional Use Permits will be issued, however, if the increase
in revenues is significant, staff will return at FY 2013-14 Mid-Year Budget Review with a
revised revenue estimate.
ATTACHMENT:
A. Ordinance No. 13-975
B. Locations of the Existing Tobacco and E-cigarette Businesses
C. Planning Commission Staff Report and Minutes
D. City Zoning Map
E. Survey of Surrounding Cities