Item 21 - Public Hearing - Zoning Ordinance Amendment No. 2026-01 Related to Smoke Shop Inspection Fees

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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution) March 3, 2026 Page 6 5 5 8 9 Item Existing Zoning Code Regulations Proposed Zoning Code Amendment Discontinuance of Nonconforming Status Smoke shops are not subject to use-specific discontinuance of nonconforming status. Sec. 41-683.8 deems all smoke shops with a valid certificate of occupancy and tobacco retailer license prior to the effective date of the ordinance nonconforming and establishes that if a nonconforming smoke shop is discontinued for a period of six months, the subsequent use must conform to the provisions of the Zoning Code. Locational Criteria Analysis The proposed ordinance includes three distance and separation requirements to protect public health, safety, and community character. To reduce exposure of smoke shops to youth, a 1,000-foot buffer is proposed between smoke shops and youth-centered locations. This proposed distance is more effective at making tobacco products less visible and accessible to students, particularly those walking or biking to and from school. This standard matches the City’s buffers for other restricted businesses, such as alcohol retailers, which have proven effective at reducing access to alcoholic beverages, and which is associated with lowering initiation of consumption and consumption rates, reducing violence, and decreasing crime. A 1,000- foot buffer is consistent with those adopted by cities like Anaheim and Fresno. To protect residential neighborhoods from secondary impacts, such as late-night loitering, the proposed ordinance also includes a 500-foot buffer between smoke shops and residential areas. This distance balances the desire to protect community character with the need to leave some commercial space available for businesses. Such a standard matches the City’s rules for other restricted businesses, like massage establishments, which have proven effective at limiting their associated negative impacts. While a 500- foot standard is stricter than Anaheim’s 200-foot rule, it is a more consistent compared to other California cities that have recently adopted regulations, such as West Hollywood (600 feet), Escalon (600 feet), and Rancho Cordova (1,000 feet). To prevent overconcentration of smoke shops, the proposed ordinance includes a 1,000- foot buffer between smoke shops. Separating the businesses helps to prevent the formation of “vice hubs” that can negatively impact community character, health, and safety. This distance matches the City’s current requirements for massage establishments and adult entertainment businesses, which have proven effective at reducing crime and fostering a more professional, therapeutic environment. Other cities in California, including Fresno and Rancho Cucamonga, have the same separation requirement.