The URL can be used to link to this page

Home My WebLink About8.2 PCSR Tobacco RetailerZOAG~~~ OF DU~lr2 /ll ~ ~A ~~~,~~Z O~LIFOR~~~ DATE: TO: October 9, 2012 Planning Commission SUBJECT: PUBLIC HEARING -Tobacco Retailers Zoning Ordinance Amendment (Legislative) ~c./ Report prepared by Martha A~a~Environmental Coordinator EXECUTIVE SUMMARY: A Fiscal Year 2012/2013 City Council Key Initiative directs Staff to establish zoning restrictions for new tobacco retailers within the City. The proposed ordinance establishes minimum distances that new tobacco retailers must be from areas where children congregate, including schools, playgrounds, youth centers, City owned and operated recreational facilities, parks, libraries and other tobacco retailer shops. The City is adding a new Chapter to the Zoning Ordinance relating to the location of tobacco retailers within the City. Additionally, amendments are proposed to: 1) Chapter 8.08 (Definitions) to add a new definition for Tobacco Retailers; 2) Chapter 8.12 (Zoning Districts and Permitted Uses of Land) to add tobacco retailers as a commercial use type; and 3) Chapter 8.116 (Zoning Clearance) to include tobacco retailers as a use that can be approved via the Zoning Clearance process. The Planning Commission will review the proposed Zoning Ordinance Amendments and make a recommendation to the City Council. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance adding a new Chapter 8.43 and amend Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land) and Chapter 8.116 (Zoning Clearance) to the Dublin Municipal Code to regulate the location of tobacco retailers within the City of Dublin. Su mitted By Review By Assistant to the City Manager Assistant Community Development Director COPIES TO: File ITEM NO.: STAFF REPORT PLANNING COMMISSION Page 1 of 4 G:IAgendas120121Tobacco Retailers OrdlPlanning CommissionlPC Staff Report 10.9.12.12.doc DESCRIPTION: A Fiscal Year 2012/2013 City Council Key Initiative directs Staff to establish zoning restrictions for new tobacco retailers within the City. The proposed Ordinance would create development standards and regulations for the siting of new tobacco retailers within the City. A tobacco retailer is defined to mean any person or business which sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia. The proposed Ordinance would require that new tobacco retailers maintain a minimum distance from areas where children are present. The goal of the Ordinance is to maintain a buffer zone between tobacco retailers and areas frequented by youth, thereby decreasing the likelihood of youth attempting to purchase tobacco products. ANALYSIS: The City Council provided direction to Staff on the Zoning Ordinance Amendment on January 17, 2012, April 17, 2012 and September 18, 2012. Additionally, Staff received direction to prepare a Tobacco Retailer Licensing system which will be presented to the City Council at a later date. Please refer to the attached City Council Staff Reports for additional Information (Attachment 1, 2 and 3). The minutes and video recordings of these meetings are available on the City of Dublin website. The direction provided to Staff on the Zoning Ordinance Amendment is summarized below. Minimum Distance from Areas Where Children are Present The City Council opined that the appropriate distance to maintain from a tobacco retailer to youth-oriented areas is 1,000 feet from schools and 500 feet from all other areas where children congregate. Which Areas Should be Included in the Ordinance The City Council opined that the areas that should be included in the definition of youth oriented are: • Schools; • Libraries; • Parks; • Playgrounds; • Youth centers; • City owned & operated recreational facilities. Attachment 4 shows all of the areas in the City where children congregate with a 1,000 foot buffer around schools and a 500 foot buffer around the other areas where children congregate. Should residential zones be included in the Ordinance The City Council opined that residential zones should not be included in the Ordinance. Limited Density of Retail Tobacco Shops The City Council opined that retail tobacco shops (retailers that primarily sell tobacco products) shall be prohibited from siting within 1,000 feet of one another. Grocery stores, drug stores and gas stations are not subject to this requirement. Aaaroval Process for New Tobacco Retailers The City Council opined that a provision be included in the proposed ordinance to require that the arov~l process for new tobacco retailers be through the Zoning Clearance process. 2 of 4 Existing Retailers -Grandfather The City Council opined that existing tobacco retailers should be grandfathered within the Ordinance; therefore, the minimum distance requirement applies only to new tobacco retailers. The direction provided to Staff by the City Council has been incorporated into the Draft Ordinance, which, among other things, adds a new Chapter 8.43 to the Zoning Ordinance to regulate the siting of new tobacco retailers within the City of Dublin (Attachment 5). The following amendments, as further discussed in Attachment 5, are proposed to ensure internal consistency within the Zoning Ordinance. Chapter 8.08 (Definitions) In addition to adding a new Chapter to the Zoning Ordinance to regulate the siting of future tobacco retailers in the City, a new definition for tobacco retailers is proposed to be added to Chapter 8.08 (Definitions) 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. Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Staff is proposing to amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) to note that future tobacco retailers that meet the requirements outlined in Chapter 8.43 are permitted in the C-1 and C-2 Zoning Districts, by means of a Zoning Clearance. The following rows of the "Land Use Matrix" table in Section 8.12.050 are proposed to be amended as follows (the underlined text is new): 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 - - - Chapter 8.30 (Downtown Dublin Zoning District) Staff is proposing to amend Section 8.30.020 to state that Tobacco Retailers are to be regulated in the Downtown Dublin Specific Plan in the same way as the C-1 and C-2 Zoning Districts. Chapter 8.116 (Zoning Clearance) Staff is proposing amendments to this Chapter of the Zoning Ordinance to note that tobacco retailers are now subject to a Zoning Clearance. Please refer to Exhibit A to Attachment 5 of this Staff Report for proposed amendments to the Zoning Ordinance. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies aimed at protecting the health and safety of its citizens. 3 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH: At the April 17, 2012 meeting, the City Council provided direction to Staff to meet with the tobacco retailers. Staff met with representatives from the Chamber of Commerce on several occasions. Additionally, Staff held two public outreach meetings with the tobacco retailers on August 15, 2012. Staff also met with the American Lung Association and Alameda County Public Health. A Public Notice was mailed to the existing tobacco retails and interested parties and also published in the Valley Times and posted at several locations throughout the City and e-mailed to the development community. ENVIRONMENTAL REVIEW: 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. Pursuant to 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. ATTACHMENTS: 1. City Council Staff Report dated January 17, 2012 (without attachments). 2. City Council Staff Report dated April 17, 2012 (without attachments). 3. City Council Staff Report dated September 18, 2012 (without attachments) 4. Map of the areas in the City where children congregate with a 1,000 foot buffer around schools & 500 foot buffer around all other areas. 5. Resolution recommending that the City Council adopt an ordinance adding a new Chapter 8.43 and amending Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land) and Chapter 8.116 (Zoning Clearance) to the Dublin Municipal Code to regulate the location of tobacco retailers, with the draft Ordinance attached as Exhibit A. 4 of 4