276 ORDINANCE NO. 276
AN URGENCY'ORDINANCE OF THE CITY COUNCIL'OF THE CITY OF
GRAND TERRACE, CALIFORNIA, FOR A TEMPORARY
MORATORIUM ON EXPANSION OF EXISTING OR THE
ESTABLISHMENT OF NEW TOBACCO , AND ELECTRONIC
CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR
LOUNGES FOR A PERIOD OF 45 DAYS PENDING A STUDY OF
ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A
CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH AND
SAFETY
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 moratorium shall remain in effect for forty-five (45) days and
may be extended, after notice and public hearing, for an additional ten (10) months and
fifteen (15) days.
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
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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 vapor lounges, it is difficult to mitigate
the secondary impacts generated by these 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.
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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.
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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
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 a-nd welfare of the community.
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. 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.
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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
SECTION 2. 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.
"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 3. URGENCY CLAUSE. The City Council finds and declares that this
ordinance _is required for the immediate protection of the public health, safety and
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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. 4. 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 ber seen with certainty that there is no possibility
that the passage of this Ordinance will have a significant effect on the environment.
SECTION 5. 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 6. 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 7. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or 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 8. 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.
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ATTEST:
De rah A. Harrington alt iewitz
Interim City Clerk Mayor
Approved as to form:
Ric and L. Adams, II
City Attorney
I, Deborah A. Harrington, Interim City Clerk of the City of. Grand Terrace, do' hereby
certify that the foregoing,Ordinance No. 276 was introduced and adopted at a regular
meeting of the City Council of the City of Grand Terrace held on the 23rd day of
September, 2014, by the following vote:
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AYES: Council Members McNaboe, Mitchell, Robles, Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
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eb rah A. Harrington
Interim City Clerk