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 8 • Policy CM-3.2 (Healthy Neighborhoods): This policy supports the creation of healthy neighborhoods by addressing public safety, land use conflicts, and incompatible uses. • Policy EP-2.3 (Complementary Businesses): This policy encourages the development of mutually beneficial and complementary business clusters within the community. Code Enforcement and Police Department Smoke Shop Inspection Fees Miscellaneous Fees are intended to recover the City's costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City's actual costs in delivering said services. With the adoption of ZOA No. 2026-01, the City would require smoke shop inspections at least once per year. Code Enforcement and the Police Department will conduct joint inspections. Code Enforcement will inspect compliance with development and operating standards such as, but not limited to, the display of products, lighting, signage, glazing, and obstructions, in addition to compliance with Conditions of Approval. The Police Department will conduct inspections for evidence of criminal activity such as, but not limited to, loitering and other nuisance activities, and the sale of prohibited products, as well as proper video surveillance. Neither of the inspection types were contemplated in the Fiscal Year 2025-2026 Miscellaneous Fees Schedule. The Planning and Building Agency is proposing to establish a Code Enforcement Smoke Shop Inspection fee of$533.08 and the Police Department is proposing to establish a Police Department Smoke Shop Inspection fee of$709.98. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance ("Project") is exempt from CEQA review pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), because the activity is not a "project" as defined in Section 15378; and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the adoption of this ordinance, which establishes land use and zoning regulations for smoke shops to protect public health and safety, may have a significant effect on the environment. These amendments are administrative and regulatory in nature, do not authorize specific development projects, and are intended to prevent the over- concentration and proliferation of smoke shops near sensitive uses. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-08, will be filed for this Project. City Council 21 — 8 3/3/2026