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Home My WebLink AboutCC AG PKT 2014-02-24 #E AGENDA STAFF REPORT DATE: February 24, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 11 (ZONING CODE) REGARDING SMOKE SHOPS SUMMARY OF REQUEST: That the City Council hold a public hearing regarding the proposed Ordinance No. 1638, which, if adopted, Would add smoke shops as a conditionally permitted use in the Commercial zoning classification and include the definition in Title 11 (Zoning Code); and after considering all information presented during the hearing, introduce Ordinance No. 1638. BACKGROUND AND DISCUSSION: The proposed ordinance would amend the Zoning Ordinance to make it consistent with recent changes to Title 5 of the Code regarding smoke shops. Specifically, the ordinance would amend the table of permitted land uses to specify that smoke shops would be allowed in the Service Commercial (SC) and General Commercial (GC) zones upon approval of a conditional use permit. The ordinance would also insert the same definition of "smoke shop" in the Zoning Code that was recently added to Title 5. On February 5, 2014, the Planning Commission conducted a public hearing and reviewed the proposed ordinance. After receiving public testimony, the Commission adopted the resolution recommending that City Council adopt the ordinance. ENVIRONMENTAL IMPACT: Municipal Code Amendment 14-1 is exempt from review under the California Environmental Quality Act, Pub. Res. Code § 21000 et seq., ("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 Agenda Item— E 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. LEGAL ANALYSIS: The City Attorney has reviewed the ordinance and approved as to form. FINANCIAL IMPACT: There is no financial impact related to this item. RECOMMENDATION: That the City Council introduce Ordinance No. 1638, and direct staff to schedule second reading of the same. BMITTEI BY: NOTED AND APPROVED: Ba—sham ill Ingram, dity''�a ger rector of Community Development Attachments: A. Ordinance No. 1638 Page 2 ORDINANCE NUMBER 1638 AN ORDINANCE OF THE CITY OF SEAL BEACH MUNICIPAL CODE (MCA 14-1) AMENDING TITLE 11 (ZONING 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 by adding smoke shops as a conditionally permitted use in the General Commercial and Special Commercial zones 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 See Section Service C C 11.4.05.035 Stations/Vehicle Service and Repair, Minor Automobile A A Washing Large Vehicle Sales, Services A and Rental Bakery 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 and Services C Business Services P P L-2,L-3 P P Commercial Recreation Large-scale C C Small-scale A A Eating and Drinking Establishments Bars C C C Coffee Housel P; L-5; Dessert Shop L-6 P P Restaurants, Fast C C See Section Food 1.4 .05.050 11 , Restaurants, Full See Section P,C P, C P, C Service 11.4.05.015 Restaurants, P�l P�� See Section 1 1 P .4.05.015 Limited Service L Ordinance Number 1S38 TABLE 11.2.10.010 (Continued) USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS Additional LCIRMD PO MSSP SC GC Regulations Commercial Use Types(Continued) Take Out Only With Drive- C See Section Through Facilities 11,405.050 With Outdoor See Section Eating Areas A, C A, C 11.4.05090 Extended Hour Business 111.4.05.055 Food and Beverage Sales Catering Services Convenience e Section Se Market 11.4.05.015 General Market p, C p, C p, C See Section Funeral Parlors and Mortuaries Home Improvement See Sections Sales and Services C 11.4.05.090 and Hotels and Motels Kennel C See Section Kiosks A A 11-4105.065 Laboratories P L-2,L- P Maintenance and P Repair Services Massage See Chapter Establishment P P L-2,L- P P 5.45, Massage 3 and Massage Establishments Offices, Business and Professional roffiDental ces, Medical and P P L-2, L- _P Parking Facilities, C See Chapter Commercial 11.4.20 See Section Retail Sales P P P 7PP 11.4.05,090 - Ordinance Number 1838 TABLE 11.2.10.010(Continued) USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS Additional Commercial Use Types(Continued) P See Section Large Format P See Section Smoke Shop C C See Chapter Establishments Theaters C Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots rTemp rary Use See Chapter 11.5.25: Director Determinations Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Not allowed on the ground floor along Main Street without a Conditional Use Permit; allowed on side streets as a permitted use L-3 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 Minor Use Permit required if 1,000 square feet or more and 10 seats or more Section 2. The following definition is hereby added to Section 11.8D5.O10of the Municipal Code: "Smoke shop: an establishment that primarily engages in the wholesale or retail sale of electronic smoking devices, tobacco products, tobacco pamphenno|ia, or any combination thereof or exchange of electronic smoking devioaa, tobacco products. or tobacco paraphernalia,or any nfthase.^ Section 3. The City Clerk ohoU certify to the passage and adoption of this Ordinance and oho|| cause the same or summary thereof to be published and posted in the manner required bylaw. PASSED. APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the_day of . 2014. Mayor ATTEST: City Clerk Ordinance Number 1638 STATE OF CALIFORNIA ) COUNTY OF ORANGE SS CITY{3F SEAL BEACH } |. Linda Oevina, City Clerk of the City of Seal Heunh, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the_24th_day of_1Feblua[}L_. 2014 and was passed, approved and adopted by the City Council eta regular meeting held on the day of________. 2014 by the following vote: AYES: Council Members: NOBS: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 838 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk