HomeMy Public PortalAbout15C) 8C-C Planning Commission Minutes 2013-06-25Planning Commission
Staff Report
June 25, 2013
Item No.: 7 B
Attachment C
FILE NO: Municipal Code Amendment -regulations regarding tobacco shops
and E-cigarette/vaporizer stores
A request for a Municipal Code amendment to provide definitions and
criteria for the establishment and operation of tobacco shops, E-
cigarette/vaporizer stores, and closely-related businesses
APPLICANT: City of Temple City
PROJECT PLANNER: Hesty Liu, Associate Planner
ENVIRONMENTAL REVIEW: Exempt, per Sections 15061(b)(3)
RECOMMENDATION: Adopt Resolution No. 13-2376 and recommend to the City Council to
approve the requested Municipal Code Amendment
CRITICAL ISSUES:
• The absence of regulation for the establishment and operation of such businesses
• Potential overconcentration
• Potential public safety and health issues relative to sensitive land uses
BACKGROUND:
Recently, the Planning Division has experienced an influx of inquiries and requests for opening a
retail store selling E-cigarettes and personal vaporizers in the City. As a new and burgeoning
business, an E-cigarette/vaporizer shop is not specifically classified in the City's Municipal Code.
Upon requests, staff's initial response was based on the interpretation that the business would be
a retail store selling nicotine-enriched solutions and instruments used for vaporizing the solutions
-a new form of business evolved from a traditional tobacco shop. Both retail stores and tobacco
shops are widely permitted in the City by right. As a result, staff approved a number of business
license requests and business licenses were later issued after the businesses complied with the
requirements ofthe business license procedure.
June 25, 2013, Planning Comrnisslon Meeting
Staff Report-Item No. 7B
File No.: Municipal Code Amendment-Tobacco/E-cigarette Businesses
After the establishment of several E-cigarette businesses in town, staff came to the realization that
the business should be differentiated from a traditional tobacco shop and/or a general retail store
in that the business is a specialty business with a smaller floor area used for displaying and
marketing tobacco and tobacco-related products. In addition, after surveying the ordinances and
business activities relating to E-cigarette/vaporizer stores in the surrounding cities, it appears that
the rapid growth of this sector of the business industry would likely result in an overconcentration
in one area or one municipality, if no regulations are put in place.
To ensure an orderly economic development and growth in the City, and to provide clear
guidelines for permitting the use, a code amendment is necessary. The amendment would give
staff a legal tool when reviewing and approving future business license requests for tobacco
retailers and E-cigarette/vaporizer retailers.
ANALYSIS:
The code amendment will create a business class and definition for tobacco shops and E-
cigarette/vaporizer stores under "Article T. Special Uses" of Zoning Regulations of the City's
Municipal Code. The amendment also provides locational and visibility criteria for the
establishment of such businesses subject to the approval of a Conditional Use Permit. The
locational and visibility criteria are necessary to address the potential impact of such businesses
on socially sensitive land uses within the City. The Conditional Use Permit requirement is to
ensure that the public is informed and the public input is included in the decision making process
when such uses are put forth for the review of zoning entitlement.
Staff proposes amending the Zoning Municipal Code as the followings:
1. Section 9202 of Article F. (Zone Variances and Conditional Use Permits) of Chapter 1
(Zoning Code) of Title 9 (Zoning Regulations) of the Municipal Code: add "tobacco shag"
and" E-cigaretteNaporizer store" to the list of items that require a CUP;
2. Article T. (Special Uses) of Chapter 1 (Zoning Code) of Title 9 (Zoning Regulations) of the
Municipal Code: add Section 9453 and Section 9454 to read as follows:
9453: TOBACCO/E-CIGARETTE STORE:
A: Definitions:
1. Tobacco (retailer): an establishment for which more than 50% of the floor area is
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June 25, 2013, Planning Commission Meeting
Staff Report -Item No. 7B
File No.: Municipal Code Amendment-Tobacco(E-cigarette Businesses
dedicated for the display and retail sale of tobacco, cigarettes, and related products.
This provision does not include the sales of tobacco and tobacco products from a
permitted grocery store and similar permitted retail stores, the primary purpose of
which are not the sale of tobacco and tobacco products.
2. E-cigarette/vaporizer (retailer): an establishment for which more than 50% of the
floor area is dedicated to the display and retail sale of nicotine-enriched solutions
and/or vaporizers.
3. Paraphernalia: any apparatus, equipments, or instruments used for smoking
tobacco or controlled substances, and/or inhaling mist of nicotine-enriched
solutions, for the purpose of personal or recreational satisfactions.
B. Locational Criteria and minimum proximity requirements:
A tobacco or E-cigarette/ Vaporizer retailer shall be permitted under the business
class of "Tobacco Shop" in the Downtown Specific Plan area, General Commercial
Zone (C-2), Heavy Commercial Zone (C-3), Light Manufacturing Zone (M-1), and
Heavy Commercial Zone (M-2), subject to the locational criteria as set forth in the
followings.
1. No such business shall be permitted within 1,000 feet of a public or private
school established for academic education of children or minors under the age
of 18 years old.
2. No such business shall be permitted within 1,000 feet of a public park.
3. No such business shall be permitted within 1,000 feet of an existing tobacco or
E-cigarette/vaporizer business.
4. No such business shall be permitted within 1,000 feet of a large child care
centers located within the city's limits.
C. Conditional Use Permit requirement:
No such businesses shall be permitted without first obtaining a Conditional Use
Permit.
D. Visibility requirements:
1. As a retail store, a tobacco or E-cigarette/vaporizer retailer is required to provide
necessary visibility for the in-store business activities. A common way of providing
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June 25, 2013, Planning Commission Meeting
Staff Report -Item No. 78
File No.: Municipal Code Amendment-Tobacco/E-cigarette Businesses
such visibility includes, but not limited to, creating larger window area for the
storefront facing pedestrian and vehicular traffic; maintaining the storefront
windows unobstructed at all times during business hours, and using clear glass
instead of tinted glass for the storefront windows.
2. Window signs for such businesses shall be limited to identifying the name of the
business and shall not exceed 10% of each window area.
E. Limitation on sales of paraphernalia:
Any commercial retail establishment including a tobacco or E-cigarette/vaporizer
retailer selling paraphernalia as accessory products shall limit the sale, storage,
and display of paraphernalia to no more than 20% of the total floor area. Further,
all sale, storage, and display of paraphernalia shall be conducted within a
separate enclosed room.
9454: HOOKAH/SMOKE LOUNGE:
A: Definition:
Hookah/Smoke Lounge: an establishment for which the configuration of the floor
area is to facilitate on-site consumption of tobacco, cigarette, and nicotine-enriched
solutions. For clarification purpose, a hookah/smoke lounge, and/or any other
similar uses shall be considered an individual business class separated from a
tobacco/E-cigarette store.
B: Hookah/Smoke Lounge prohibited
No Hookah/smoke Lounge business or similar operations shall be allowed within
the City's limits.
ENVIRONMENTAL REVIEW:
Staff has determined that the project is categorically exempt from CEQA per Section 15061(b)(3). The
exemption applies because the proposed code amendment can be shown with absolute certainty that the
project will have no possible effect on the environment. No further environmental review for this project is
necessary. In addition, the amendment will have an effect of strengthening the City's capacity of regulating
the subject land uses to prevent overconcentration and significant public safety and health impacts, a goal
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June 25, 2013, Planning Commission Meeting
Staff Report -Item No. 7B
File No.: Municipal Code Amendment-Tobacco/E-cigarette Businesses
consistent with the policies of the City's General Plan.
ATTACHMENTS:
A. Planning Commission Resolution No. 13-2376 PC
B. Draft Ordinance No. 13-975
C. Notice of Exemption
Page 5
PLANNING COMMISSION
TEMPLE CITY, CALIFORNIA
REGULAR MEETING
JUNE 25, 2013-7:30 P.M.
1. CALL TO ORDER-Chairman Horton
2. ROLL CALL -Commissioners Curran, Leung, O'Leary, Vice-Chairman Cordes,
Chairman Horton
PRESENT: Commissioners: Curran, Leung, O'Leary, Horton
ABSENT: Commissioners: Cordes
ALSO PRESENT: City Attorney Murphy, Planning Manager Starns, Associate
Planner Gulick, Associate Planner Liu, Management Analyst
Coyne, and Community Development Secretary Venters
Commissioner O'Leary made a motion to excuse Vice-Chairman Cordes for due
cause seconded by Commissioner Curran and unanimously carried.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
5. CONSENT CALENDAR {Roll Call Vote)
Commissioner O'Leary moved to approve the Consent Calendar, seconded by
Commissioner Curran and unanimously carried.
The Consent Calendar consisted of the following items:
A. APPROVAL OF MINUTES MAY 28,2013
Recommendation: APPROVE AS SUBMITTED
6. UNFINISHED BUSINESS-None
7. NEW BUSINESS
A. CONDITIONAL USE PERMIT 13-1828, A REQUEST TO ESTABLISH A
NEW CELLULAR ANTENNA FACILITY {12 ANTENNAS) THAT WOULD BE
ATTACHED TO A 70 FOOT TALL LIGHT POLE AT THE HIGH SCHOOL
ATHLETIC FIELD. THE REQUEST ALSO INCLUDES THE LEASING OF A
33 FOOT BY 19 FOOT AREA NEAR THE LIGHT POLE AT THE ATHLETIC
FIELD {WITH ACCESS FROM COMINO REAL DRIVE) THAT WOULD
CONSIST OF A 50 KILOWATT BACKUP GENERATOR AND A 230
SQUARE FOOT PRE-FABRICATED SHELTER {10 FEET TALL) THAT
WOULD CONTAIN ASSOCIATED CELLULAR ANTENNA EQUIPMENT.
Planning Commission Minutes
June 25, 2013
Page 2 of 5 Pages
CASE NUMBER:
APPLICANT:
RECOMMENDATION:
CONDITIONAL USE PERMIT 13-1828
NEW CINGULAR WIRELESS PCS (AT&T)
ADOPT A RESOLUTION TO APPROVE THE
PROJECT
Associate Planner Gulick gave a PowerPoint presentation.
Chairman Horton opened the public hearing.
Jerrv Ambrose, applicant, informed the Planning Commission that due to a
company merge the previously approved CUP for Metro PCS will likely
expire. This project meets all FCC regulations and New Cingular Wireless
will abide by the conditions of approval.
Darryl Marini, resident, presented documentation to the Planning Commission
regarding cellular towers. Spoke in opposition of the proposed request.
Maria Lin, resident, spoke in opposition on the proposed request regarding
possible health effects created by cellular towers.
Janet Marcellus, resident, briefed the Planning Commission regarding
disturbances from her neighbor.
Desiree Marini, resident, asked the Planning Commission about FCC
regulations and what role the Temple City School Board would play regarding
cell tower placement on a school campus.
Aum Leonard, resident, spoke concerning health effects from cellular towers.
She is not in favor of the proposed request.
Antony Lin, resident, asked the Planning Commission if an additional cellular
tower is beneficial. He spoke in opposition of the proposed request.
City Attorney Murphy clarified the Planning Commissions role in
approving/denying requests for cellular towers.
Chairman Horton invited the applicant to address the concerns of the public.
Jerrv Ambrose, applicant, felt that the City Attorney satisfactorily addressed
the concerns of the public.
Chairman Horton closed the public hearing.
Planning Commission Minutes
June 25, 2013
Page 3 of 5 Pages
Commissioner Curran made a motion to approve Conditional Use Permit 13-
1828 as amended and find that the project is categorically exempt seconded
by Commissioner Leung and carried by Roll Call Vote.
AYES:
NOES:
ABSENT:
Commissioner-Curran, Leung
Commissioner-O'Leary, Horton
Commissioner-Cordes
City Attorney Murphy advised that due a tie vote, at the next Planning
Commission Meeting this body may continue this item or deny the project and
prepare a resolution recommending denial.
Commissioner Leung made a motion to continue Conditional Use Permit 13-
1828 to the Planning Commission Meeting of July 23, 2013 seconded by
Commissioner O'Leary and unanimously carried.
B. A REQUEST FOR A MUNICIPAL CODE AMENDMENT TO PROVIDE
DEFINITIONS AND CRITERIA FOR THE ESTABLISHMENT AND
OPERATION OF TOBACCO SHOPS, E-CIGARETTENAPORIZER
STORES, AND CLOSELY RELATED BUSINESSES.
RECOMMENDATION: RECOMMEND THAT THE CITY COUNCIL
APPROVE THE MUNICIPAL CODE
AMENDMENT
Associate Planner Liu gave a PowerPoint presentation and provided an
overview of our current zoning standards regarding tobacco shops. Tobacco
shops and similar uses currently are allowable by right with the exception of
the Las Tunas East Commercial District. Among the 13 cities surveyed, e-
cigarette shops are a newly established business use. If staff does not
regulate tobacco stores and related uses the City will face an oversaturation
of this type of business. The proposed code amendment requires a CUP for
all tobacco shops and related uses, prohibits hookah lounges, requires
visibility requirements, and limits the sale and storage of paraphernalia. The
proposed municipal code amendment clearly defines and establishes criteria
for tobacco shops that would be consistent with the state and federal levels.
Chairman Horton opened the public hearing.
Jerrv Jambazian, business owner, spoke regarding the recent increase of
tobacco related businesses in the City.
Jim Clift, resident, asked if e-cigarettes could be sold as an incidental use at
gas stations and convenience stores.
Planning Manager Starns replied that the proposed code amendment applies
to stand alone businesses only.
Planning Commission Minutes
June 25, 2013
Page 4 of 5 Pages
Chairman Horton closed the public hearing.
Commissioner Curran made a motion to recommend that the City Council
approve a code amendment to require a Conditional Use Permit for tobacco
shops, e-cigarette/vaporizer stores and closely related businesses and find
that the request is categorically exempt seconded by Commissioner O'Leary
and unanimously carried.
C. A REQUEST FOR A MUNICIPAL CODE AMENDMENT TO ADD MIXED
USE STANDARDS AND MODIFY THE REQUIREMENTS FOR MULTI-
FAMILY AND SENIOR CITIZEN HOUSING PROJECTS.
RECOMMENDATION: RECOMMEND THAT THE CITY COUNCIL
APPROVE THE MUNICIPAL CODE
AMENDMENT
Management Analyst Coyne gave a PowerPoint presentation and briefed the
Planning Commission regarding the municipal code amendment pertaining to
the Downtown Specific Plan (DSP) in relation to mixed use. Earlier this year
the City Council approved the Housing Element which implements several
modifications to the DSP. To ensure that future projects are compatible with
the surrounding area, design guidelines and development standards will be
set forth. The proposed municipal code amendment includes the following;
allowance for side by side commercial/residential uses, high density
standards for non-senior housing, no density cap for senior housing,
elimination of a CUP requirement for residential and senior housing projects,
and elimination of the one acre requirement for mixed use projects.
Development and design standards include lot size, building heights, ground
floor heights, bulk and massing, setbacks, parking requirements, and open
space requirements. Stand alone residential projects would be allowable by
right however, all mixed use projects would continue to require Planning
Commission approval.
Chairman Horton opened the public hearing.
Chairman Horton closed the public hearing.
Commissioner O'Leary made a motion to recommend that the City Council
approve a code amendment to add mixed use standards and modify the
requirements for multi-family and senior citizen housing projects and find that
the request is categorically exempt seconded by Commissioner Leung and
unanimously carried.
8. COMMUNICATIONS-None
Planning Commission Minutes
June 25, 2013
Page 5 of 5 Pages
9. MATTERS FROM CITY OFFICIALS-City Attorney Murphy confirmed the resolution
number on Agenda item 78.
Commissioner O'Leary made a motion to open Agenda item 78, seconded by
Commissioner Leung and unanimously carried.
Commissioner O'Leary made a motion to recommend that the City Council adopt
resolution 13-2376 approve a code amendment to require a Conditional Use Permit
for tobacco shops, e-cigarette/vaporizer stores and closely related businesses and
find that the request is categorically exempt seconded by Commissioner Curran and
unanimously carried.
10. UPDATE FROM COMMUNITY DEVELOPMENT MANAGER-Planning Manager
Starns announced that an RFP for the General Plan have been sent. Responses
regarding the RFP for the General Plan are due in July. Upcoming RFP's will be
sent shortly for the Historic Preservation Ordinance, Route 19 Village Specific Plan,
and the Sign Code Ordinance. Agenda items for the next Planning Commission
Meeting include updates for the Housing Element and a CUP for a preschool.
Currently, there are no items scheduled for the month of August. The Gateway
Project is in plan check and is slowly making progress.
11. COMMISSION ITEMS SEPARATE FROM THE REGULAR AGENDA
12. ADJOURNMENT
The Planning Commission Meeting was adjourned at 9:29 p.m. to the Planning
Commission Regular Meeting of July 23, 2013 at 7:30p.m. in the Council Chambers
at 5938 Kauffman Avenue.
Chairman
Secretary