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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance <br />and Inspection Fee Resolution) <br />March 3, 2026 <br />Page 8 <br />5 <br />5 <br />8 <br />9 <br />Policy CM-3.2 (Healthy Neighborhoods): This policy supports the creation of <br />healthy neighborhoods by addressing public safety, land use conflicts, and <br />incompatible uses. <br />Policy EP-2.3 (Complementary Businesses): This policy encourages the <br />development of mutually beneficial and complementary business clusters within <br />the community. <br />Code Enforcement and Police Department Smoke Shop Inspection Fees <br />Miscellaneous Fees are intended to recover the City’s costs associated with delivering the <br />corresponding services and, in accordance with state law, cannot exceed the City’s actual <br />costs in delivering said services. <br />With the adoption of ZOA No. 2026-01, the City would require smoke shop inspections at <br />least once per year. Code Enforcement and the Police Department will conduct joint <br />inspections. Code Enforcement will inspect compliance with development and operating <br />standards such as, but not limited to, the display of products, lighting, signage, glazing, and <br />obstructions, in addition to compliance with Conditions of Approval. The Police Department <br />will conduct inspections for evidence of criminal activity such as, but not limited to, loitering <br />and other nuisance activities, and the sale of prohibited products, as well as proper video <br />surveillance. <br />Neither of the inspection types were contemplated in the Fiscal Year 2025-2026 <br />Miscellaneous Fees Schedule. The Planning and Building Agency is proposing to establish <br />a Code Enforcement Smoke Shop Inspection fee of $533.08 and the Police Department is <br />proposing to establish a Police Department Smoke Shop Inspection fee of $709.98. <br />ENVIRONMENTAL IMPACT <br />Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA <br />Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review <br />pursuant to Section 15060(c)(2) because the activity will not result in a direct or <br />reasonably foreseeable indirect physical change in the environment; Section <br />15060(c)(3), because the activity is not a “project” as defined in Section 15378; and <br />Section 15061(b)(3), because it can be seen with certainty that there is no possibility <br />that the adoption of this ordinance, which establishes land use and zoning regulations <br />for smoke shops to protect public health and safety, may have a significant effect on the <br />environment. These amendments are administrative and regulatory in nature, do not <br />authorize specific development projects, and are intended to prevent the over- <br />concentration and proliferation of smoke shops near sensitive uses. Based on this <br />analysis, a Notice of Exemption, Environmental Review No. 2026-08, will be filed for this <br />Project.