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
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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