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Home My WebLink AboutPC AG 2014-02-05 #2 N11M Z_1 SEA�'BF�.' iU� 9�y4 PLANNING COMMISSION ITEM NUMBER ss+` f STAFF REPORT 2 1 %�•c�tl�oRN�P` TO: Planning Commission FROM: Director of Community Development MEETING DATE: February 5, 2014 SUBJECT: PUBLIC HEARING AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING SMOKE SHOPS RECOMMENDATION: That the Planning Commission hold a public hearing regarding Municipal Code Amendment 14-1 and after considering all evidence and testimony presented adopt the draft resolution recommending approval of Municipal Code Amendment 14-1 to the City Council. LEGAL NOTIFICATION: Legal notice of the Public Hearing was published in the Sun on Thursday, January 23, 2014. An affidavit of publication is on file. ENVIRONMENTAL ASSESSMENT: Municipal Code Amendment 14-1 is exempt from review under the California Environmental Quality Act, Pub. Res. Code§21000 etseq., ("CEQA")and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq., because the amendment establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. The amendment does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under the CEQA Guidelines, Sections 15301, 15305, and 15308. February 5, 2014 Municipal Code Amendment 14-1 Smoke Shops BACKGROUND: At the August 26, 2013 meeting, the City Council adopted Ordinance No. 1631-U, an urgency ordinance declaring a moratorium on the acceptance, processing or issuance of any zoning permit, building permit, occupancy permit, business license or any other entitlement for the establishment and operation of electronic cigarette retailers, drug paraphernalia retailers and smoke shops. On September 23, 2013, the City Council extended the moratorium for ten months and 15 days to allow staff additional time to coordinate with the City Attorney's office and prepare necessary provisions to address smoke shops, electronic cigarettes, and drug paraphernalia. At the December 9, 2013 and January 13, 2014 City Council meetings staff received direction from City Council regarding electronic cigarettes and classifying the use as the same for tobacco products, applying the entitlement process for smoke shops and prohibiting smoking lounges. Additionally, apply the same State Labor and Health and Safety Codes for smoking in public places for electronic cigarettes. At the meeting of January 27, 2014 City Council introduced the first reading of Ordinance 1636 which added Chapter 5.75 of the Municipal Code requiring a Conditional Use Permit for smoke shops, prohibiting smoking lounges and defining smoke shops. ANALYSIS: The proposed ordinance amends the Zoning Ordinance to be consistent with the Municipal Code by adding the definition of smoke shops and the requirement of a Conditional Use Permit for such use, The Use requirement would be incorporated under Service Commercial (SC) and General Commercial (GC) zoning classifications. Smoke shops would require a Conditional Use Permit pursuant to the requirements of the Zoning Ordinance. The findings set forth in the City's Municipal Code would apply on the basis of land use compatibility. CONCLUSION: Staff recommends that the Planning Commission hold a public hearing regarding Municipal Code Amendment 14-1 and after considering all evidence and testimony presented adopt the draft resolution recommending approval of Municipal Code Amendment 14-1 to the City Council. Pre Laredd by: Jiln Bash o fn Community Director Development Attachments: 1. Resolution No. 14-1 ATTACHMENT 1 RESOLUTION 14-1 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF MUNICIPAL CODE AMENDMENT 14-1 REGARDING SMOKE SHOPS RESOLUTION NO. 14-1 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF MUNICIPAL CODE AMENDMENT 14-1 REGARDING SMOKE SHOPS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On February 5, 2014 the Planning Commission held a duly noticed public hearing to consider Municipal Code Amendment 14-1, which would amend Municipal Code Chapters 11.2.10 and 11.6.05 of the Seal Beach Municipal Code regarding Smoke Shops as set forth in the draft ordinance included as Attachment "A". Section 2. This ordinance ( Municipal Code 14-1) is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance with the requirements of CEQA. Section 3. The Planning Commission recommends that the City Council adopt Municipal Code Amendment 14-1. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on February 5, 2014, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt ATTEST: Chairperson Jim Basham Planning Commission Secretary 1 of 8 ATTACHMENT A DRAFT ORDINANCE MUNICIPAL CODE AMENDMENT 14-1 2of8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH MUNICIPAL CODE REGARDING SMOKE SHOPS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Table 11.2,10.010 of the Seal Beach Municipal Code is hereby amended as follows: TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS LCIRMD PO MSSP SC GC Additional Regulations Commercial Use Types (Continued) Automobile C See Section Service C StationslVehicle 11.4.05.035 Service and Repair, Minor Automobile A A Washing Large Vehicle A Sales, Services and Rental Ba ke ry L-4 L-4 L-4 L-4 Banks and Other P P P P Financial Institutions With Drive- C C C C See Section Through Facilities 11.4.05.050 Automated Teller A A A A See Section Machines (ATMs) 11.4.05-030 Building Materials C and Services Business Services P P L-2, L-3 P P Commercial Recreation Large-scale C C 3 of 8 TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Commercial Use Types (Continued) Small-scale -- -- -- A A Eating and Drinking Establishments Bars -- -- C C C Coffee House/ P; L-5; P P Dessert Shop L-6 Restaurants, Fast See Section Food C C 11.4.05.050 Restaurants, Full See Section Service -- -- P, C P, C P, C 11.4.05.015 Restaurants, See Section Limited Service -- -- P P P 11.4.05.015 Restaurants, Take P A A Out Only With Drive- C C See Section Through Facilities 11.4.05.050 With Outdoor See Section Eating Areas -- -- A, C A, C A, C 11.4.05.090 Extended Hour C -- -- C C See Section Business 11.4.05.055 Food and Beverage Sales Catering Services -- -- -- -- P Convenience See Section Market -- -- -- P, C P, C 11.4.05.015 General Market P, C P, C P, C See Section 11.4.05.015 Liquor Stores C C C See Section 11.4.05.070 Funeral Parlors and - _ P Mortuaries See Sections Home Improvement C 11.4.05.090 and Sales and Services 4of8 TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Commercial Use Types (Continued) 11.4.05.140 Hotels and Motels -- -- -- -- C Kennel -- -- -- C C Kiosks -- -- -- A A See Section 11.4.05.065 Laboratories -- P L-2, L-3 P P Maintenance and P -- -- P P Repair Services Massage See Chapter Establishment P P L-2, L-3 P P 5.45, Massage and Massage Establishments Offices, Business P P L-2, L-3 P P and Professional Walk-in Clientele P P L-2, L-3 P P Offices, Medical and P P L-2, L-3 P P Dental Parking Facilities, C C__ See Chapter Commercial 11.4.20 Personal Services P P P P P Retail Sales P -- P P P See Section 11.4.05.090 Large Format -- -- -- P P See Section 11.4.05.140 Smoke Shop -- -- -- C C See Section 5.75 Tattoo __ __ __ __ C See Chapter Establishments 11.4.65 Theaters -- -- C -- C Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities 5of8 TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS LCIRMD PO MSSP SC GC Additional Regulations Commercial Use Types (Continued) Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations L-1 Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots L-2 Not allowed on the ground floor along Main Street without a Conditional Use Permit; allowed on side streets as a permitted use - If on the ground floor along Main Street permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots L-4 Bakery production sold at retail on premise L-5 Permitted use if less than 1,000 square feet and less than 10 seats L-6 Minor Use Permit required if 1,000 square feet or more and 10 seats or more Section 2. The following definitions are hereby added to Section 11.6.05.010 of the Municipal Code: Smoke shop: an establishment that primarily engages in the wholesale or retail sale of electronic smoking devices, tobacco products, tobacco paraphernalia, or any combination thereof or exchange of electronic smoking devices, tobacco products, or tobacco paraphernalia, or any of these. Smoking lounge: an establishment where electronic smoking devices, tobacco products, tobacco paraphernalia, or any of these are sold for use by customers on the premises. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. 6 of 8 Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the th day of_, 2014. Ellery A. Deaton Mayor ATTEST: APPROVED AS TO FORM Linda Devine Quinn M. Barrow City Clerk City Attorney 7 of 8 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the _th day of , 2014 and was passed, approved and adopted by the City Council at a regular meeting held on the th day of , 2014 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Linda Devine City Clerk 8of8