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278 ORDINANCE NO. 14-278 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS A CITYWIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING EXPANSION OF EXISTING OR THE ESTABLISHMENT OF NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES WHEREAS, the City of Grand Terrace ("City") has adopted a General Plan, including a Land Use and Community Design 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,the public health, safety and welfare is fully articulated in the City's General Plan; and WHEREAS, in order for the immediate protection of the public health, safety and welfare, and pursuant to Government Code Section 65858, a moratorium is hereby placed on the expansion of existing or establishment of new tobacco and electronic cigarette retailers, smoke shops, and vapor lounges in the City of Grand Terrace. WHEREAS, the City of Grand Terrace has not adopted a moratorium on the expansion, establishment or operation of tobacco and electronic cigarette retail establishments, smoke shops and vapor lounges prior to this urgency ordinance. WHEREAS, Government Code Section 65858 provides for the adoption, as an urgency measure, interim ordinances for certain expressed purposes and by a vote of four-fifths (4/5) majority of the voting City Council members. WHEREAS, this urgency ordinance is based on the following facts: 1. The City of Grand Terrace has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and 2. Tobacco retailers, electronic cigarette retailers and vapor lounges within the City of Grand Terrace present unique challenges to local government because the Grand Terrace Municipal Code does not currently define or regulate these types of land uses. Smoke shops are permitted within certain zones but are not otherwise regulated. In the absence of specific standards and zoning regulations pertaining to tobacco retailers, electronic cigarette retailers, smoke shops and j vapor lounges, it is difficult to mitigate the secondary impacts generated by these ORDINANCE NO. 14-278 PAGE 1 OF & OCTOBER 28, 2014 L� establishments, thus requiring a commitment of police and code enforcement resources that is typically greater than other regulated retail establishments. 3. Tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges are typically adult-only uses in a commercial,setting and may not be appropriate in all zoning districts or near uses where minors are present. 4. The establishment and operation of new tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges in the City, or the expansion of existing ones, before the City can adopt land use regulations presents a current and immediate threat to the public health, safety and welfare. The negative health impacts related to tobacco use have been known for some time, and recent studies show an increase in the use of electronic cigarettes by minors. Although the long- term health effects of using electronic cigarettes are still unknown, initial studies have found carcinogens and toxic chemicals in,electronic cigarette vapors. 5. City staff has received a number of inquiries 'regarding these establishments and anticipates business license application requests in the foreseeable future. Such establishments provide the potential for illegal sales of tobacco, vapor and electronic cigarette products to minors. 6. Because the City's zoning ordinance is silent on tobacco retailers, electronic cigarette retailers and vapor lounges it does not address the impacts related to the location and manner of development, establishment and operation of these businesses and smoke shops in relation to public health, safety and welfare concerns, including the impacts on surrounding uses and on minors. 7. Until such time as the City institutes specific land use controls over tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges the community is at risk that such businesses could be established, operated,modified or expanded prior to the adoptions necessary for the protection of public health, safety and welfare. 8. The presence of electronic cigarette retailers in the City could increase the potential for minors to associate use of electronic cigarettes with a healthy lifestyle. 9. Many California cities have adopted tobacco and electronic cigarette retailer licensing ordinances, including Los Angeles, Long Beach, Dublin, Concord, Richmond, Albany and Oakland. 10. Government Code Section 65858 allows cities to adopt an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal',which is in the process of being considered by the Planning Agency, Planning 'Commission, or legislative body; and ORDINANCE NO. 14-278 PAGE 2 OF 4 OCTOBER 28, 2014 �. 11. The City needs additional time to (1) address the City's concerns regarding the establishment and operation of tobacco and electronic cigarette retailers; (2) study \ the potential impacts that these businesses may have on the public health, safety and welfare; (3) study and determine what local regulations may be appropriate or necessary for these retailers; (4) study and determine the appropriate zoning and location for these retailers; and (5) determine appropriate controls for the protection of the public health and welfare. 12. The City's General Plan contains Goals 2.1 and 2.3, which seek to establish balanced commercial growth and a wide range of diversified retail and commercial opportunities. The lack of or minimal regulations governing tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges frustrates the stated purposes of the General Plan by allowing these businesses to operate and proliferate unchecked to the detriment of balanced commercial growth in the City. 13. For the reasons set forth above, this Ordinance is necessary to preserve the public health, safety and welfare and to avoid a current and immediate threat to the health, safety and welfare of the community. WHEREAS, on September 23, 2014, the City Council adopted by a four fifths vote, an interim urgency ordinance declaring and imposing a forty-five (45) day Citywide moratorium on the expansion of existing, or the establishment of new tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of Grand Terrace; WHEREAS, pursuant to Government Code Section 65858(a), after notice and a public hearing, the City Council may extend the interim ordinance for an additional ten(10)months and fifteen(15) days; WHEREAS, pursuant to Government Code Section 65858(d), ten (10) days prior to expiration of the interim ordinance, a written agenda report describing the measures taken to alleviate the condition which led to the establishment of the moratorium was prepared and presented to the City Council at its regular meeting of October 28, 2014, with the herein ordinance; WHEREAS, pursuant to Government Code Section 65090, notice of the public hearing for the moratorium extension was published in the Grand Terrace City News, on Thursday, October 16, 2014; and WHEREAS, pursuant to Government Code Section 65858(a), a public hearing on this action was held by the City Council on October 28, 2014. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. ORDINANCE NO. 14-278 PAGE 3 OF OCTOBER 28, 2014 NOW THEREFORE, THE CITY COUNCIL OF THE CITY, OF GRAND TERRACE DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS INTERIM ZONING AND URGENCY MEASURE 'PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 AS FOLLOWS: SECTION 1. The City Council finds that, per the above Recitals, the Zoning Code may appear to provide insufficient regulations regarding new tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges. SECTION 2. The City Council hereby declares I and imposes the extension for an additional ten (10) months and fifteen (15) days of an existing Citywide moratorium on the establishment or expansion new tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges. SECTION 3. After the effective date of this ordinance, no permit or any other applicable license or entitlement for use, including the issuance of a business license, business permit, building permit, use permit or zoning text amendment shall be approved or issued for the expansion of existing, or the establishment of new tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of Grand Terrace. New tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges are hereby prohibited. Expansion shall also include any amendment to an existing entitlement or permit. Notwithstanding the provisions of the Grand Terrace Municipal Code, all land use permit , applications for expansions of or for new tobacco retailers, electronic cigarette retailers, smoke shops and or vapor lounges, which have been received, but decisions have not been rendered by the City as of September 23, 2014, are hereby suspended and the use prohibited within the City of Grand Terrace for an initial period of 45 days from the effective date of this ordinance pursuant to Government Code Section 65858 i SECTION 4. DEFINITIONS. For purposes of this ordinance, the following definitions shall apply: "Tobacco retailer" means any establishment that sells tobacco products, tobacco-related products, electronic smoking devices, tobacco paraphernalia, imitation products or any combination thereof. "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. ORDINANCE NO. 14-278 PAGE 4 OF[o OCTOBER 28, 2014 "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. `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. "Electronic cigarette retailer"means any establishment that sells electronic cigarettes. "Smoke shop"means any establishment that sells drug paraphernalia, which.includes, but is not limited to, smoking devices, pipes, water pipes, chamber_ pipes;-bongs, and literature, posters, and apparel depicting controlled substances. - "Vapor lounge" means any establishment that sells electronic cigarettes for consumption on site. ` SECTION 5. URGENCY CLAUSE. The City Council finds and -declares that this ordinance is required for the immediate protection of the public health, safety and welfare as previously stated in this ordinance, and that this ordinance shall become effective immediately upon its adoption and will continue in full force and effect until the end of 45 days from its effective date unless its effectiveness is extended in accordance with Government Code 65858. SECTION 6. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 7. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 8. HARDSHIP WAIVER. The moratorium established herein shall not be applicable if a request for exception due to hardship, or other unique circumstances that have arisen as a result of this ordinance is approved by the City Manager of the City of Grand Terrace. Any request for exception shall be in writing and shall articulate the reasons for the request. The request shall be filed with the City Clerk. The matter shall be heard through a public hearing and may be appealed to the City Council for a de novo public hearing. The waiver shall not be granted unless the requestor can demonstrate the need for a waiver by-clear :and convincing evidence. A hardship waiver shall not be unreasonably withheld. SECTION 9. SEVERABILITY. If any provision or clause-of:this o"r nance or the application thereof to any person or circumstances is held to be unconstituti6nal or otherwise invalid by any court of competent jurisdiction, such invalidity shall not-affect other provisions or �f " ORDINANCE NO. 14-278 PAGE 5 OF !a OCTOBER 28, 2014 clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 10. PUBLICATION. The City Clerk shall post this Ordinance in three (3) public places within fifteen(15) days of its adoption, as designated for such purposes by the City Council. This ordinance shall become effective immediately from and after its passage. ATTEST: a a u ares Walt Stanckiewi z City -ler Mayor Approved as to form: _ CAVdf— � �►�IF �f �, 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 281h day of October, 2014,by the following vote: AYES: Council Members McNaboe, Mitchell,'Robles, Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None Pat JaC - s City Clerk. � ORDINANCE NO-.-14-278 PAGE 6 OF OCTOBER 28, 2014