Loading...
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 Page 2 of 3 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 Page 3 of 3 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