302 ORDINANCE NO. 302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE ADOPTING ZONE CHANGE 15-02
AMENDING CHAPTER 18.82 OF THE GRAND TERRACE
MUNICIPAL CODE AND SPECIFIC PLAN AMENDMENT 15-
02 FOR THE PURPOSE OF REGULATING SMOKE SHOPS
AND TOBACCO STORES
WHEREAS, the City of Grand Terrace ("City") has adopted a General Plan, including a
Land Use Element; and
WHEREAS, state law requires that the City's Zoning Code (Title 18 of the Grand
Terrace Municipal Code) conform with the General Plan's goals and policies;-and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code,
the City may adopt ordinances to regulate the use of buildings, structures, and land as between
industry, business, residences, and open space, and other purposes; to regulate the location,
height, ,bulk, number of stories and size of buildings and structures, the size and use of lots,
yards, courts and other open spaces, the percentage of a lot which may be occupied by a building
or structure, and the intensity of land use; and to establish requirements for off-street parking, in
compliance with the California Government Code.
WHEREAS, Chapter 18.90 of the Municipal Code provides a process for the amendment
of the Zoning Code.
WHEREAS, on September 15,.2016, September 29, 2016, and November 3, 2016, the
Planning Commission of the City of Grand Terrace conducted duly noticed public hearings at the
Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA
92313 and concluded the hearing on that date.
WHEREAS, on December 13, 2016, the City Council of the City of Grand Terrace
conducted a duly noticed public at the Grand Terrace City Hall Council Chambers located 22795
Barton Road, Grand Terrace, CA 92313 and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
SECTION 1. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01
are exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule that
CEQA'applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the,activity is not subject to CEQA.
ORDINANCE NO. 302 PAGE 1 OF 7 JANUARY 10, 2017
The Ordinance establishes regulations for smoke shops and similar uses and will not have any _
direct impact on the environment.
SECTION 2. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01
will not be detrimental to the health, safety, morals, comfort or general welfare of the persons
residing or working within the neighborhood of the proposed amendment or within the city
because these amendments are intended to regulate smoke shops and tobacco stores which tend
to have secondary deleterious effects on surrounding neighborhoods.
SECTION 3. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01
will riot be injurious to property or improvements in the neighborhood or within the city because
it will not preclude the continued use and/or development of surrounding properties.
SECTION 4. Chapter 18.82 (Standards for Specified Land Uses and Activities) of
Title 18 of the Grand Terrace Municipal Code is hereby amended (Zoning Code Amendment 15-
02)to add Section 18.82.030, as follows:
"Section 18.82.030 Zoning and Land Use Standards for Tobacco Stores and Smoke Shops
A Purpose. The regulation of tobacco retailers is necessary and in the ''interests of the public
health, safety and general welfare because there is �he
substantial likelihood of the
establishment and operation of tobacco retailers in he City of Grand Terrace. The
proliferation of tobacco retailers in the city would result in undesirable impacts to the
community. Among these impacts are increased potential ifor tobacco'sales to minors, greater
opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco
paraphernalia, and heightened risk of negative.aesthetic impacts, blight, and loss of property
values of residential neighborhoods and businesses in close proximity to such uses. This
section contains amendments consistent with good zoning and planning practices to address
such negative impacts of tobacco retailers while providing a reasonable number of locations
and zones for such uses to locate within the city of Grand Terrace.
B Definitions.
1. "Amusement device" shall mean any device, whether mechanical, electrical,
electronic, computerized, or similar object, which by; payment of a fee, or insertion of
a coin or token, may be operated for the primary purpose of amusement. The term
amusement machine does not include any device or object the primary purpose of
which is to play music.
2. "Ancillary sale" shall mean where a grocery store, supermarket, convenience store or
other similar market uses no more than five percent (5%) of its gross floor area, or 250
square feet, whichever is less for the display, sale, distribution, delivery, offering,
furnishing, or marketing of conventional cigars cigarettes, e-cigarettes or tobacco. For
any grocery store, convenience market, retail kiosk or similar use consisting of 250
square feet or less, "ancillary sale' shall mean where'Ino more than five square feet are
used for the display sale, distribution, deliver, offering, furnishing or marketing of r
ORDINANCE NO. 302 PAGE 2 OF 7 JANUARY 10, 2017
conventional cigars cigarettes, e-cigarettes or tobacco or. The display, sale, distribution,
C ' delivery, offering, furnishing, or marketing of any other tobacco products or tobacco
paraphernalia, regardless of square footage used, is subject to the restrictions of this
chapter and shall not constitute ancillary sale"under any circumstance.
3. 'Electronic cigarette" means an electronic and/or battery operated device, the use of
which,may resemble smoking that can be used to deliver an inhaled dose of nicotine
or other substances and that causes the user to exhale any smoke, vapor, or substance
other than that produced by unenhanced human exhalation. 'Electronic cigarette"
includes any such device, whether manufactured, distributed, marketed or sold as an
electronic.cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an
electronic hookah, a vapor cigarette or any other product name or descriptor.
4. Electronic cigarette retailer" means any establishment that sells electronic cigarettes.
5. "Tobacco paraphernalia" shall mean any paraphernalia, equipment, device, or instrument
that is primarily designed or manufactured for the smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of
tobacco, tobacco products, or other controlled substances as defined in California Health
and Safety Code Section 11054 et seq. Items or devices classified as tobacco
paraphernalia include but are not limited to the following: pipes, punctured metal bowls,
bongs, water bongs, electric pipes, ecigarettes, ecigarette juice, buzz bombs, vaporizers,
hookahs, and devices for holding burning material. Lighters and matches shall be
J excluded from the definition of tobacco paraphernalia
6. "Tobacco products" means any substance containing the tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco,
dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product of
formulation of matter containing biologically active amounts of nicotine that is
manufactured, sold, offered for sale, or otherwise distributed with the expectation that the
product or matter will be introduced into the human body, but does not include any
cessation product specifically approved by 'the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
7. "Tobacco store and smoke shop" means any premises dedicated to the display, sale,
distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products,
tobacco related products, electronic smoking devices, or tobacco paraphernalia; provided
however, that any grocery store, supermarket, convenience store or similar retail use that
only sells conventional cigars, cigarettes, e-cigarettes or tobacco as an ancillary sale shall.
not be defined as a "smoke shop and tobacco store" and shall not be subject to the
restrictions in this chapter.
8. 'Vapor lounge" means any establishment that sells electronic cigarettes for
consumption on site.
C. Prohibition. The establishment of a vapor lounges and hookah lounges are prohibited in the
City of Grand Terrace.
ORDINANCE NO. 302 PAGE 3 OF 7 JANUARY 10, 2017
D. Zoning. Notwithstanding any other provision of this title to the contrary, smoke shops and
tobacco stores shall be subject to a standard conditional use permit and only within the
following zones, subject to the regulations contained in this chapter:
1. C2 General Commercial
2. CM Commercial Manufacturing
3. BRSP-General Commercial
4. BRSP-Village Commercial
E. Locational standards.
1. Smoke shops and tobacco stores shall not be located within 1,000 feet, measured property
line to property line, from a public school, child care facility, park, library, or community
center.
2. Smoke shops and tobacco stores shall not be located within 1,000 feet,measured property
line to property line, from another smoke shop and tobacco store.
D. Development and Operational Standards. Standard conditions of approval for any conditional
use permit shall, at a minimum, include the following
1. Minors, not accompanied by his or her parent or legal guardian, shall not be allowed or
permitted to enter or remain within any smoke shop and tobacco store.
2. Smoke shops and tobacco stores shall post clear signage stating that minors may not enter
the premises unless accompanied by a parent or legal guardian. At least one such sign
shall be placed in a conspicuous location near each public entrance to the smoke shop and
tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display
and maintain, or fail to cause to be displayed or maintained, such signage.
3. No smoking shall be permitted on the premises at any time.
4. No sales may be solicited or conducted on the premises by minors.
5. No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be
permitted.
6. There shall be no obstructions within the storefront, windows and doors which would
hinder visual surveillance of the interior of the tenant space from the outside of the
premises during operating hours. Obstructions would include signage, window tint,
window coverings, advertisements, etc.
ORDINANCE NO. 302 PAGE 4 OF 7 JANUARY 10, 2017
7. The interior of the business shall be maintained with adequate illumination to make the
conduct of patrons within the premises readily discernible to persons-of normal visual
acuity.
8. Food for consumption is not permitted on the premises.
9. No alcoholic beverages shall be sold or consumed on the business premise`s_:
10.No amusement devices, shall be permitted anywhere within the business.
SECTION 5. Table 1 Land Use Matrix of Section V (Specific Plan Administration)
of the Barton Road Specific Plan(Specific Plan Amendment 15-01) shall be revised follows:
"General Commercial Village Commercial Office/Professional
PAl
PA 2 PA 3
1 Retail Commercial
Uses
Smoke shops C C
Subject to the provisions of Section 18.82.030 of the Grand Terrace Zoning Code.
SECTION 6. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any
one or more sections, subsections, sentences, clauses,phrases or portions of it be declared invalid
or unconstitutional. If for any reason any portion of this ordinance is declared invalid or
unconstitutional, then all other provisions shall remain valid and enforceable.
SECTION 7. This ordinance shall take effect thirty days from the date of adoption.
SECTION 8. First read at a regular meeting of the City Council held on the 131h day
of November, 2016 and finally adopted and ordered posted at a regular meeting of said City
Council on the 1 oth day of January, 2017.
SECTION 9. This Ordinance shall take effect thirty (30) days after its final passage
and, within fifteen (15) days of its passage, the City Clerk of the City of Grand Terrace shall
certify to the passage and adoption of this Ordinance and to its approval by the Mayor and City
Council, and shall cause the same to be published in a newspaper in the manner required by law.
i
ORDINANCE NO. 302 PAGE 5 OF 7 JANUARY 10, 2017
it
ATTEST:
Pay z- es:" cy cN boe
City Cie r Ma
Approved as to form:
pp �
Richard L. Adams, II
City Attorney
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the 10''day of January, 2017, by the following vote:
AYES: Council Members Reinarz, Hussey, Wilson, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None
ABSENT: None
ABSTAIN: None
at Jac ar s
City Cle
ORDINANCE NO. 302 PAGE 6 OF 7 JANUARY 10, 2017