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Home My WebLink AboutCC AG PKT 2014-03-10 #C AGENDA STAFF REPORT DATE: March 10, 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 waive further reading and adopt Ordinance No. 1638, adding smoke shops as a conditionally permitted use in the Commercial zoning classification and include the definition in Title 11 (Zoning Code). BACKGROUND AND ANALYSIS: At the February 24, 2014 City Council meeting the City Council introduced Ordinance No. 1638. It is now appropriate to consider second reading and adopt the subject ordinance. ENVIRONMENTAL IMPACT: Municipal Code Amendment 14-1 is exempt from review under the California Environmental Quality Act, Pub. Res. Code § 21000 of seq., ("CEQA") and the State CEQA Guidelines, 14 C.C.R. § 15000 of 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. LEGAL ANALYSIS: The City Attorney has reviewed the ordinance and approved as to form. Agenda Item _ C FINANCIAL IMPACT: There is no financial impact related to this item. RECOMMENDATION: That the City Council waive further reading and adopt Ordinance No. 1638. SU,BMITTE NOTED AND APPROVED: BAham, JpIA. Ingram, City *ager 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 Service Commercial zones as follows: TABLE 11.2.10.010(Continued) USE REGULATIONS–COMMERCIAL AND MIXED-USE DISTRICTS L IWS!P SC GC Additional Regulations Commercial Use Types Continue Automobile Service C C See Section StationslVehicle 11.4.05.035 Service and Repair, Minor Automobile A A _Washing _ Large Vehicle A Sales, Services and Bakery L-4 L-4 I L-4 L-4 Banks and Other P P P P Financial Institutions With Drive-Through C C C C See Section Facilities 11.4.05.050 Automated Teller A A A A See Section Machines(A TMs) 11.4.05.030 Building Materials and Services Business Services P 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; P p Dessert Shop L-6 1 Restaurants, Fast C C See Section Food 11.4.05.050 Restaurants, Full P,C P, C P, C See Section Service 11.4.05.015 Restaurants, P P See Section Limited Service 11,4.05.015 Restaurants, Take P A A Out Only_ 1 With Drive-Through C C See Section Facilities 11.4.05.050 ——--------- With Outdoor A, C A, C A, C See Section Eating Areas 11.4.05.090 Extended Hour C C C See Section Ordinance Number 1638 TABLE 11.2.10.010(Continued) USE REGULATIONS–COMMERCIAL AND MIXED-USE DISTRICTS LCIRMD Pt7 MSSP SC GC � Additional Regulations Commercial Use Types Continue Business 111.4.05.055 Food and Beverage Sales Catering Services P Convenience P, C P, C See Section Market 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 Home Improvement C See Sections Sales and Services 11.4.05.090 and 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- P P 3 Maintenance and P P P Repair Services Massage P P L-2, L- P P See Chapter Establishment 3 5.45, Massage and Massage Establishments Offices, Business P P L-2, L- P P and Professional 3 Walk-in Clientele P P L-2, L- P P 3 Offices, Medical P P L-2,L- P P and Dental 3 Parking Facilities, C C See Chapter Commercial 11.4.20 Personal Services P P P P P P Retail Sales P See Section P P _�ts,11.4.05.090 .....——--------------- Large Format P P See Section 11.4.05.140 Smoke Shop C C See Chapter 5.75 Tattoo C See Chapter Establishments 1 11.4.65 Theaters C 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 Tem ora 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 I Not allowed on the ground floor along Main Street without a Conditional Use Permit; allowed on side streets as a perm tted use Ordinance Number 1638 TABLE 11.2.10.010(Continued) USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS Regulations Commercial Use Types(Continued) 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 L-6 Minor Use Permit required if 1,000 square feet or more and 10 seats or more Section 2. The following definition ka hereby added UoSection 11.6.05010 of the Municipal Code: "Smoke shop: an establishment that primarily engages in the wholesale orretail sale ofelectronic smoking devices, 0ube000 pvududn' tobacco ponapharna|ia, or any combination thereof or exchange of electronic smoking devices, tobacco products,or tobacco paraphernalia, or any ofdhesa.^ Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same ura summary thereof k` 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_10th_dayof March . 2014. Mayor ATTEST: City Clerk STATE OFCALIFORNIA ) COUNTY OFORANGE SS CITY(JF SEAL BEACH } |. Linde Davina, City Clerk of the City of Soo| Beanh, du hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the_24th_daynf_Februa[y _. 2O14 and was passed, approved and adopted by the City Cuunni| ata regular meeting held on the 1 1Oth day cfMarch . 2O14 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And du hereby further certify that Ordinance Number 1638 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk