EXHIBIT I
PowerPoint Presentation
CONSIDERATION OF
Text Amendment Application No. P23-03410
and related
Environmental Assessment No. P23-03410
PRESENTATION BY: PHILLIP SIEGRIST, PLANNING MANAGER
CITY COUNCIL HEARING | February 27, 2025ID 25-132
Smoke Shop Text Amendment
Overview of current Section 15-2761 of the FMC
• Retail establishments which sell tobacco and vapor products are subject to regulations of Section 15-2706
• Provides regulations for Tobacco & Vapor Sales
• Only provides restrictions for signage when establishments are near sensitive uses
• May not advertise smoking sales or paraphernalia visible from outside the establishment when w/in 400 feet of:
1. School
2. Day care
3. Youth sensitive places (e.g. boys and girls club, youth activity centers) Smoke Shop Text Amendment
Summary of Proposal
1) Adds terms and definitions to Section 15-6208 (Definitions) of FMC 1) Tobacco Retailer - incidental sale of Smoke and Vapor Products, such as supermarkets and convenience stores
2) Tobacco Product - product containing, made, or derived from tobacco or nicotine intended for human consumption
3) Smoking Paraphernalia - any device, substance, or accessory intended for smoking tobacco, cannabis, vaping or electronic cigarette, illicit drug use, or any other substance 4) Smoke and Vapor Product - includes Tobacco Products and Smoking Paraphernalia 5) Smoke Shop - primarily sells Smoke and Vapor Products. Does not include Tobacco Retailers, cigar lounges, or establishments operating as Cannabis Retail and/or Commercial Cannabis Businesses 6) Smoke Shop Operator - persons who own/operate a Smoke Shop 2) Replace existing regulations for Tobacco and Vapor Sales in Section 15-2761 of the FMC 1) Establish regulations relating to New and Exisitng Smoke Shops 2) Amortize existing Smoke Shop establishments by allowing up to seven (7) establishments per City Council District
Total Retailers: 564
• 34% near schools (192 of 564)
• 84% near other retailers (472 of 564)
• 15% Smoke Shops (82 of 564)
Smoke Shop Text Amendment
Smoke Shop Text Amendment
Summary of Proposal Changes to Section 15-2706:
1. Permitting: Requires New Smoke Shops to obtain a Conditional Use Permit (CUP) and a Business License
2. Amortization of Existing Smoke Shops:
a. Gives up to 18 months to change the nature business or wind down and close operations; or b. May apply for a Conditional Use Permit alongside New Smoke Shops
3. Numerical Limit on Smoke Shops:
a. 7 per Council District
b. 49 citywide
4. Public Notice of Available Permits:
a. City to provide notice to public on availability of Smoke Shop CUPs
5. Location Restrictions
a. Not located w/in 1,000 feet of:
i. Sensitives Use
ii. Other Smoke Shops
b. Concentration – No more than 7 per Council District
Smoke Shop Text Amendment
Summary of Proposal Changes to Section 15-2706: cont’d
1. Operational Requirements:
a. Maintain landscaping and lighting per code requirements b. Litter & graffiti abatement
c. Internal & external vending machines prohibited
d. Video surveillance
e. Signage
f. Window glazing – 50% of street facing façade to remain clear w/ no tinted material g. Loitering and nuisance Activities
h. Training
i. Prohibited products
j. Hours of Operation – 8:00am – 10:00pm
k. Non-Operating Rule – if use discontinued for more than 1 year, new CUP required
2. Annual Inspections
3. Fines - $2,500 (sales to minor); $1,000 (external advertising)
PUBLIC NOTICE & INPUT
Reviewed by all active Council District Project Review Committees December 26, 2024 and January 29, 2025: Notice of Public Hearing published and posted online
January 15, 2025: Considered by Planning Commission – continued January 23, 2025: Smoke Shop Industry Meeting
February 19, 2025: Considered by Planning Commission for recommendation to Council
STAFF RECOMMENDATION
Staff recommends that the City Council take the following actions:
Adopt a finding set forth in Environmental Assessment No. P23-03410 dated January 15, 2025, that Text Amendment Application No. P23-03410 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Approve Text Amendment Application No. P23-03410, to amend Sections 15-2761 and 15- 6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions.
CITY COUNCIL
February 27, 2025 | ID 25-132