Agenda Packet_2026-03-03 - Laserfiche WebLink

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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution) March 3, 2026 Page 4 investigations confirmed additional concerns and uncovered illicit activities. Because of investigations, authorities executed 12 search warrants, which revealed various criminal violations, including: • Storage of narcotics and controlled substances, • Sale of nitrous oxide, and • Sale of flavored tobacco products. Following searches, the Police Department issued citations and, in some instances, made arrests. The Code Enforcement Division has also responded to complaints about smoke shops and began collecting detailed data for them in August 2025. Since then, Code Enforcement personnel have issued two Notices and Orders, five Notices of Violation, and 10 Administrative Fines for unpermitted work, unpermitted substance sales, and operation without required licensing and/or certification. Proposed Ordinance The draft smoke shop ordinance defines smoke shops as a distinct land use separate from retail and service uses, and restricts the location of smoke shops to commercial zones provided they obtain a CUP. Furthermore, the ordinance restricts the location by buffering smoke shops from one another and from residential and youth-centered land uses. In addition, the ordinance establishes a set of regulations to minimize impacts to surrounding businesses and neighborhoods. The following table summarizes current and proposed regulations. Table 2: Current and Proposed Regulations Item Existing Zoning Code Proposed Zoning Code Amendment Regulations Definitions Smoke shops are not defined Sec. 41-152.6.1 establishes a definition for and are considered a type of smoke shops and specifically excludes retail and service convenience stores and grocery stores with establishment. accessory sales of tobacco. Zoning Districts Smoke shops are consider a Sec. 41-2409 expressly states that smoke retail and service shops may be located in the C1, C1-MD, C2, establishment and are C4, C5, or C-SM zoning districts subject to permitted throughout the city in approval of a CUP. commercial and industrial districts and Specific Plans and Specific Developments where retail and service uses are allowed by right. Permit No special or additional permit Sec. 41-2410(b)(1) requires a CUP for the Requirements required for smoke shops. establishment of smoke shops. Location No location requirements. Sec. 41-2409(a) establishes location Requirements standards, including: City Council 21 — 4 3/3/2026