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WHEREAS, Code Enforcement and Police Department enforcement have <br />observed unlawful activities at smoke shops that directly impact community character, <br />public health, and public safety; and <br />WHEREAS, unlawful nuisance activities observed at smoke shop establishments <br />include, but are not limited to, storage of banned substances such as nitrous oxide, <br />whippets, and flavored tobacco; illegal gambling operations; sale of unregulated goods <br />such as psychedelic mushrooms, kratom, and hemp; loitering; littering; and crime linked <br />to cash -based operations; and <br />WHEREAS, between August 2025, when Code Enforcement data specific to <br />smoke shops was first collected, and January 2026, Code Enforcement personnel issued <br />two (2) Notices and Orders, five (5) Notices of Violation, and ten (10) administrative <br />citations for unpermitted work, unpermitted substance sales, and operation without <br />licensing and/or certification; and <br />WHEREAS, Zoning Ordinance Amendment No. 2026-01 is consistent with various <br />goals and policies of the General Plan, specifically, this action is consistent with Land Use <br />(LU) Element Goal LU-3 (Compatibility of Uses), which is intended to preserve the <br />character and integrity of existing neighborhoods; Policy LU-3.3 (Enforcement of <br />Standards), which aims to maintain a robust and proactive code enforcement program <br />that partners with community stakeholders and is responsive to community needs; Policy <br />LU-3.8 (Sensitive Receptors), which endeavors to avoid placing noxious or hazardous <br />uses in close proximity to sensitive land uses; Policy LU-4.6 (Healthy Living Conditions) <br />which encourages land use decisions that promote healthy lifestyles; Community (CM) <br />Element Goal CM-3 (Active Living and Well -Being), which promotes the health and <br />wellness of all residents; Policy CM-3.2 (Healthy Neighborhoods), which supports the <br />creation of healthy neighborhoods by addressing public safety, land use conflicts, and <br />incompatible uses; and Economic Prosperity (EP) Element Policy EP-2.3 <br />(Complementary Businesses), which encourages the development of mutually beneficial <br />and complementary business clusters within the community; and <br />WHEREAS, on February 9, 2026, the Planning Commission held a duly -noticed <br />public hearing and considered the staff report, recommendations by staff, and public <br />testimony concerning Zoning Ordinance Amendment No. 2026-01, at which time the <br />Planning Commission recommended that the City Council adopt the proposed ordinance <br />with direction that staff evaluate certain definition(s) and location requirements and revise <br />the proposed ordinance accordingly; and <br />WHEREAS, on March 3, 2026, the City Council held a duly -noticed public hearing <br />and considered the staff report, recommendations by staff, and public testimony <br />concerning the proposed ordinance. <br />Ordinance No. NS-#### <br />Page 3 of 17 <br />