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 COUNCILHEARING | March 13, 2025ID 25-311
Smoke Shop Text Amendment
Overview of current Section 15-2761 of the FMC
• Retail es tablishments which sell tobacco and vapor products are subject to regulations of Section 15-2706
• Provides r egulations for Tobacco & Vapor Sales
• Only p rovides 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 c are
3. Youth s ensitive places (e.g. boys and girls club, youth activity centers) Smoke Shop Text Amendment
Summary of Proposal
1) Adds t erms and definitions to Section 15-6208 (Definitions) of FMC 1) Tobacco Re tailer - incidental sale of Smoke and Vapor Products, such as supermarkets and convenience stores
2) Tobacco P roduct - product containing, made, or derived from tobacco or nicotine intended for human consumption
3) Smoking P araphernalia - any device, substance, or accessory intended for smoking tobacco, cannabis, vaping or electronic cigarette, illicit drug use, or any other substance 4) Smoke a nd Vapor Product - includes Tobacco Products and Smoking Paraphernalia 5) Smoke S hop - 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 S hop Operator - persons who own/operate a Smoke Shop 2) Replace ex isting regulations for Tobacco and Vapor Sales in Section 15-2761 of the FMC 1) Establish r egulations relating to New and Exisitng Smoke Shops 2) Amortize ex isting 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 o f Existing Smoke Shops:
a. Gives up to 18 months to change the nature business or wind down and close operations; or b. May appl y for a Conditional Use Permit alongside New Smoke Shops
3. Numerical Lim it on Smoke Shops:
a. 7 per C ouncil District
b. 49 c itywide
4. Public N otice of Available Permits:
a. City to pr ovide notice to public on availability of Smoke Shop CUPs
5. Location R estrictions
a. Not l ocated w/in 1,000 feet of:
i. Sensitives Us e
ii. Other Smo ke Shops
b. Concentration – No mo re than 7 per Council District Smoke Shop Text Amendment
Summary of Proposal Changes to Section 15-2706: cont’d
1. Operational R equirements:
a. Maintain l andscaping and lighting per code requirements b. Litter & graffiti abatement
c. Internal & external vending machines prohibited
d. Video s urveillance
e. Signage
f. Window gl azing – 50% of street facing façade to remain clear w/ no tinted material g. Loitering and nuisance Activities
h. Training
i. Prohibited pr oducts
j. Hours of O peration – 8: 00am – 10:00pm
k. Non-Operating Ru le – if use discontinued for more than 1 year, new CUP required
2. Annual I nspections
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
March 13, 2025 | ID 25-311