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HomeMy WebLinkAboutPC Reso 12-38 Tobacco Retailers ZOA RESOLUTION 12-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING A NEW CHAPTER 8.43 AND AMENDING CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT) AND 8.116 (ZONING CLEARANCE) TO THE DUBLIN MUNICIPAL CODE TO REGULATE THE LOCATION OF TOBACCO RETAILERS WITHIN THE CITY OF DUBLIN CITY-WIDE WHEREAS, studies show that tobacco use among our youth continues to rise with a particular impact among our high school students; and WHEREAS, although it is unlawful to sell tobacco products and/or tobacco paraphernalia to minors, studies have shown that more than 900 million packs of cigarettes are consumed by minors 12 to 17 years of age each year; and WHEREAS, in the City of Dublin over the past 14 year period there has been a 9% sales rate to minors during sting operations; and WHEREAS, the City of Dublin has a substantial interest in discouraging the purchase of tobacco products by minors, and protecting children from being lured into illegal activity through the misconduct of adults; and WHEREAS, the California Constitution, Article XI, section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, and welfare of their citizens; and WHEREAS, zoning regulations are necessary to control the location and operation of the sale or exchange of tobacco products and/or tobacco paraphernalia for the protection of public health, safety and welfare; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately; and 1 WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on said application on October 9, 2012; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 9th day of October 2012 by the following vote: AYES: Wehrenberg, Brown, Bhuthimethee NOES: ABSENT: Schaub, O'Keefe ABSTAIN: 145 Planning Commission Chair .. ATTEST: Assistant Com unity Development Director 2 ORDINANCE NO. xx-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADDING A NEW CHAPTER 8.43 AND AMENDING CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES) AND 8.116 (ZONING CLEARANCE) OF THE DUBLIN MUNICIPAL CODE TO REGULATE THE LOCATION OF TOBACCO RETAILERS WITHIN THE CITY OF DUBLIN WHEREAS, studies show that tobacco use among our youth continues to rise with a particular impact among our high school students; and WHEREAS, although it is unlawful to sell tobacco products and/or tobacco paraphernalia to minors, studies have shown that more than 900 million packs of cigarettes are consumed by minors 12 to 17 years of age each year; and WHEREAS, in the City of Dublin over the past 14 year period there has been a 9% sales rate to minors during sting operations; and WHEREAS, the City of Dublin has a substantial interest in discouraging the purchase of tobacco products by minors and protecting children from being lured into illegal activity through the misconduct of adults; and WHEREAS, the California Constitution, Article XI, section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, and welfare of their citizens; and WHEREAS, zoning regulations are necessary to control the location and operation of the sale or exchange of tobacco products and/or tobacco paraphernalia for the protection of public health, safety and welfare; and WHEREAS, it is the intent of City Council to discourage violations of laws forbidding distribution of tobacco products to minors, but not to expand or reduce the degree of which the acts regulated by state or federal laws are criminally proscribed; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on October 9, 2012 and adopted Resolution 12-xx recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on 2012; and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth; and NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: 1 EXHIBIT A TO ATTACHMEI~IT 5 Section 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2. Anew Chapter 8.43 is hereby added to the Dublin Municipal Code to read as follows: CHAPTER 8.43 TOBACCO RETAILERS 8.43.010 Purpose The purpose of this Chapter is to establish regulations for the location and operation of tobacco retailers. 8.43.020 Intent. The intent of this Chapter is to: A. Establish a minimum distance that tobacco retailers must maintain from areas where children are present, such as schools, playground, parks, libraries and City owned and operated recreational facilities. B. Prevent Retail Tobacco Shops from concentrating in a particular geographic area of the City. C. Establish development standards and regulations for the siting of new tobacco retailers within the City. 8.43.030 Definitions. A. The terms used in this Chapter have the meaning set forth below: "Department" means the Community Development Department. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Retail Tobacco Shop" means a business establishment, the main purpose of which is the sale of tobacco, tobacco products, or tobacco paraphernalia. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and other items designed for the smoking or ingestion of tobacco products. 2 "Tobacco Products" means any substance containing any tobacco leaf, including but not limited to cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco. "Tobacco Retailer" shall have the meaning ascribed to it in Chapter 8.08 of the Dublin Municipal Code. "Tobacco retailing" shall mean engaging in the activities of a Tobacco Retailer. 8.43.040 Development Standards and Regulations. A tobacco retailer shall comply with all development standards and regulations for the zoning district in which it is located and any other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. A. Permitted in the C-1, C-2, and Certain Planned Development Zoning Districts. A tobacco retailer may be established only in the C-1 and C-2 Zoning Districts. A tobacco retailer may also be established in a comparable Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Retail Commercial or General Commercial Land Use designation. Any tobacco retailer in a PD Zoning District shall be subject to the requirements of this Chapter and the requirements of the PD Zoning District. Where a conflict arises between the requirements of this Chapter and the PD regulations, this Chapter shall take precedence. B. No tobacco retailer shall be located within one thousand (1,000) feet, as measured in a straight line from parcel boundary to parcel boundary, of a parcel that, at the time the tobacco retailer is granted a Zoning Clearance, is occupied by public or private elementary, middle, junior high or high school; C. No tobacco retailer shall be located within five hundred (500) feet, as measured in a straight line from parcel boundary to parcel boundary, of a parcel that, at the time the tobacco retailer is granted a Zoning Clearance, is occupied by a: (i) Playground; (ii) Youth center; (iii) City owned and operated recreational facilities; (iv) Park; or (v) Library. D. Limited Density of Retail Tobacco Shops. No Retail Tobacco Shop shall be granted a permit to operate on a site which is within one thousand (1,000) feet of a site occupied by another Retail Tobacco Shop, as measured in a straight line from parcel boundary to parcel boundary. E. New tobacco retailers. Each application for a Zoning Clearance to operate a Tobacco Retail business shall include, in addition to such other information as reasonably required by the Community Development Director, a map demonstrating that the proposed location of the tobacco retailer is consistent with the minimum distance standards established in Sections 8.43.040.B, 8.43.040.C and 8.43.040.D. 3 F. Tobacco retailers shall apply for, acquire and maintain a current and valid Tobacco Retailer License as required by Chapter 4.40 of the Municipal Code. G. Sections 8.43.040.B, 8.43.040.C and 8.43.040.D shall not apply to any tobacco retailer legally in existence as of the original effective date of this Chapter. H. Sections 8.43.040.B, 8.43.040.C and 8.43.040.D shall not apply to any situation in which a tobacco retailer legally in existence as of the original effective date of this Chapter or a tobacco retailer that has been granted a Zoning Clearance expands its existing operations to an adjacent parcel but does not establish a second location at which tobacco retailing will occur. 8.43.050 Zoning Clearance. A. A Zoning Clearance shall document the compliance of a tobacco retailer with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the tobacco retailer. Section 3. The following definition is hereby added to Section 8.08.020 (Definitions) of the Dublin Municipal Code to read as follows: Tobacco Retailer. The term Tobacco Retailer shall mean any person or business that sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia, and includes, but is not limited to a Retail Tobacco Shop. Section 4. Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the Dublin Municipal Code is hereby amended to add a new row for the "Tobacco Retailer" use type to the "Commercial Use Types" table. (All other rows of the table in Section 8.12.050 shall remain unchanged by this Ordinance): COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Tobacco Retailer - - - - - - ZC ZC - - - Section 5. Section 8.30.020 of the Dublin Municipal Code is hereby amended to read as follows: The Downtown Dublin Specific Plan, adopted by the City Council on February 1, 2011 by Resolution 9-11, and as may be amended thereafter, shall be used to guide the review of site development review applications in the Downtown Dublin Zoning District. The Downtown Dublin Specific Plan contains all information regarding permitted, conditionally permitted, and prohibited uses, development standards, and design guidelines to direct the development and use of properties within the specific plan area, with the exception of the tobacco retail use types. 4 Tobacco retailers are to be regulated in the same way as in the C-1 and C-2 Zoning Districts. All new development in the Downtown Dublin Zoning District shall be reviewed for consistency with the Downtown Dublin Specific Plan. Section 6. Section 8.116.010 of Dublin Municipal Code is hereby amended to read as follows: 8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying conformance of a building permit, sign application, recreational facility (indoor), large family day care home, tobacco retailer or auto-related use in the Scarlett Court Overlay Zoning District application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. Section 7. Section 8.116.020.H is hereby added to the Dublin Municipal Code to read as follows: H. Tobacco retailers that meet the standards specified in Chapter 8.43 (Tobacco Retailers). Section 8. Section 8.116.030.G is hereby added to the Dublin Municipal Code to read as follows: G. Tobacco Retailer. If the Zoning Clearance is for a tobacco retailer, the Applicant shall submit a "Zoning Clearance for Tobacco Retailer" form along with such information requested on said form Section 9. Section 8.116.040.H is hereby added to the Dublin Municipal Code to read as follows: H. Tobacco Retailer. All tobacco retailers shall be reviewed for compliance with Chapter 8.43 (Tobacco Retailers). The zoning clearance approval for a tobacco retailer shall be a completed "Zoning Clearance for Tobacco Retailers" form with the date and signature of the Community Development Director orhis/her designee. Section 10. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 11. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. 5 Section 12. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2012. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 6