HomeMy WebLinkAbout101-Staff report Tobacco Ord.pdf 1
SARATOGA CITY COUNCIL
MEETING DATE: October 7, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Adoption of Ordinance Amending the Zoning Regulations related to Regulations
for Tobacco Retailers (CONSENT ITEM)
RECOMMENDED ACTION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the
Zoning Regulations related to Regulations for Tobacco Retailers.
REPORT SUMMARY:
On September 16, 2009, the City Council conducted a public hearing and introduced and
approved the ordinance and directed staff to place the matter on the consent calendar at the next
Council meeting.
The proposed ordinance is attached. Among the central policy issues addressed by the proposed
amendment is to require conditional use permits for new tobacco retailers, limit the density of new
tobacco retailers, and require all tobacco retailers to comply with requirements limiting access to
tobacco products by persons under 18 years of age.
The attached ordinance would regulate tobacco retailers in the City of Saratoga. It is based on a
Model Land Use Ordinance Regulating the Location and Operations of Tobacco Retailers drafted
by the Public Health Institute (PHI) and its Technical Assistance Legal Center.
CEQA:
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
FISCAL IMPACTS:
Staff time would be required to administer the ordinance. Some of these costs will be recovered
through application fees. The City Council also has approved the use of $2,000 from the City
Council discretionary fund to offset the administrative costs associated with documenting the
existing tobacco retailers in the city by the Community Development Department.
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would not require use permits or regulate the density of tobacco retailers.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within 15 days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Proposed Ordinance amending the Zoning Regulations related to Regulations for Tobacco
Retailers