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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 Page 2 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 Page 3 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 Page 4 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