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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 13, 2025
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: AMENDMENT TO TITLE 18 (ZONING) TO ESTABLISH A
NEW REGULATORY PERMIT FOR TOBACCO RETAILERS
DEVELOPMENT APPLICATION NO. DEV2024-00068
(INTRODUCTION)
ATTACHMENT (Y/N): YES ITEM # 24
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Ordinance (Introduction):
1) Approve Development Application No. DEV2024-00068, amending Title 18 (Zoning) of the Anaheim Municipal Code to establish a new Tobacco Retail Permit (Section 18.16.090), including permitting requirements and operational regulations for tobacco retailers; and
2) Determine that the proposed amendments are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), 15378, and 15061(b)(3) of Title 14 of the California Code of Regulations.
DISCUSSION:
The City of Anaheim is proposing to amend Title 18 (Zoning) of the Anaheim Municipal Code to introduce a new regulatory framework for tobacco retailers. This includes the creation of a Tobacco Retail Permit under Section 18.16.090. The intent of the ordinance is to regulate the retail sale of tobacco products, focusing on improving public health and safety by reducing illegal activities associated with tobacco retailers, such as the sale of controlled substances, drug paraphernalia, gambling, and illegal weapons.
The proposed amendments would:
Establish a Tobacco Retail Permit that includes requirements for permit application, renewal, and suspension or revocation.
Introduce operating regulations for tobacco retailers, including mandatory separation distances of 1,000 feet from sensitive uses (e.g., schools, parks) and 500 feet from other tobacco retailers.
Prohibit tobacco retailers from operating between the hours of 12:00 a.m. and 6:00 a.m. to reduce unlawful activities.
Tobacco Retail Permit
May 13, 2025
These regulations are in response to increasing concerns about the concentration of tobacco retailers in certain areas (Attachment 2, Figure 1) and the illegal activities associated with some of these establishments. Currently, tobacco retail locations are classified as “retail” and there are no operating requirements or review procedures associated with the use. The proposed Zoning Code amendments seek to create operational and permitting requirements to address and curb illegal activities while in furtherance of the Strategic Plan, improve, enhance, beautify, and maintain major street corridors while also reducing crime, preventing public nuisances, and promoting the safety and well-being of all residents.
Any existing tobacco retail location will be required to apply for and receive approval of the new Tobacco Retail Permit by January 1, 2026, or their next annual business license renewal deadline, whichever is later.
In advance of the Planning Commission public hearing, the required notice was posted in the Anaheim Bulletin. Additionally, mailed notices were sent to the business operators and associated property owners of the 78 currently operating tobacco retailers based on business license data.
One property owner inquiry was received. Following adoption, outreach will be conducted with existing businesses and information will be provided to those seeking to commence operations in the City.
Planning Commission: On April 7, 2025, the Planning Commission unanimously recommended City Council approval of the Zoning Code amendments. The Draft Planning Commission minutes are provided as Attachment 3.
Environmental Impact Analysis: Staff recommends that the City Council determine that the proposed amendments are not subject to CEQA. The amendments do not involve any physical changes to the environment and do not have the potential for causing a significant effect on the environment. Thus, the activity is exempt from CEQA under Sections 15060(c)(2), 15060(c)(3), 15378, and 15061(b)(3) of the CEQA Guidelines.
IMPACT ON BUDGET:
A fee will be charged for the processing of the Tobacco Retail Permit as established through the upcoming FY 2025/26 budget process.
Respectfully submitted, Concurred by,
Heather Allen Rick P. Armendariz
Planning and Building Director Chief of Police
Attachments:
1. Ordinance - Title 18 (Zoning)
2. Planning Commission Staff Report, April 7, 2025 (without attachments)
3. Draft April 7, 2025 Planning Commission Minutes