HomeMy WebLinkAbout08-26-2009 Planning Commission Packet
CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, August 26, 2009 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners Vice-Chair Mary-Lynne Bernald, Manny Cappello, Joyce Hlava, David Reis, Douglas Robertson,
Linda Rodgers, and Chair Yan Zhao
PLEDGE OF ALLEGIANCE
MINUTES
Minutes from the Regular Planning Commission Meeting of August 12, 2009
ORAL COMMUNICATION
Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not
on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items.
However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning
Commission direction to Staff.
ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 20, 2009
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
All interested persons may appear and be heard at the above time and place. Applicants/Appellants and
their representatives have a total of ten minutes maximum for opening statements. Members of the Public
may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a
total of five minutes maximum for closing statements.
PUBLIC HEARING
1. APPLICATION PSP08-0002 (386-57-022) AA Signs / Chase Bank, 12220 Saratoga-Sunnyvale Road
- The applicant is requesting a Sign Permit to construct and display two new building identification signs.
The project includes one 20.7 square foot illuminated sign which would replace an existing illuminated
sign and one 16.3 square foot non-illuminated sign. The total sign area is approximately 37 square feet. The
signs will replace two existing signs. (Cynthia McCormick)
2. APPLICATION ZOA09-0008 (City-Wide) - The Planning Commission will consider a draft ordinance
that will regulate tobacco retailers in the City of Saratoga. The draft ordinance proposes to: (1) allow new
Tobacco Retailers (defined as any person who sells tobacco products) to operate only in commercial zoning
districts and only after obtaining a Conditional Use Permit, with alternate provisions for existing Tobacco
Retailers; and (2) limit the density of new Tobacco Retailers. The draft ordinance is based on a Model
Land Use Ordinance Regulating the Location and Operations of Tobacco Retailers drafted by the Public
Health Institute (www.phi.org) and its Technical Assistance Legal Center. The Model Ordinance suggests
numerous regulatory options, some of which are included in the draft ordinance, and others of which may
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be discussed at the public hearing. After the Public Hearing, the Planning Commission will make a
recommendation to the City Council regarding the contents of the draft ordinance. (John Livingstone)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, September 9, 2009 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
POSTING
Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the
foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on August 20,
2009 , at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us
If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE: Wednesday, August 12, 2009 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners Vice-Chair Mary-Lynne Bernald, Manny Cappello, Joyce Hlava, David Reis, Douglas Robertson,
Linda Rodgers, and Chair Yan Zhao
Commissioner Rodgers arrived at 7:10 pm.
PLEDGE OF ALLEGIANCE
MINUTES
Minutes from the Regular Planning Commission Meeting of July 22, 2009 action minutes (Approved, 6:0)
ORAL COMMUNICATION
Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not
on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items.
However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning
Commission direction to Staff.
ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 8, 2009
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
All interested persons may appear and be heard at the above time and place. Applicants/Appellants and
their representatives have a total of ten minutes maximum for opening statements. Members of the Public
may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a
total of five minutes maximum for closing statements.
PUBLIC HEARING
1. APPLICATION CUP 09-0014 & PDR 09-0015 (386-30-039) Timespace Investment Development,
12330 Saratoga-Sunnyvale Rd. - The applicant is requesting a Conditional Use Permit (CUP) and Design
Review (PDR) for an educational facility and indoor swimming facility in the Commercial-Visitor (CV)
zoning district. The program would serve a maximum of 10 employees and 97 students at any one time.
The facility would operate in an existing 15,000 sq. ft. building with adequate parking and circulation.
(Cynthia McCormick) (Continued to a date uncertain, 6:0)
2. APPLICATION PDR09-0009 (503-27-052) Mike & Inna Lubyanisky, 14340 Paul Avenue - The
applicant is requesting Design Review approval for the construction of a new two-story, single-family
residence with attached garage located at 14340 Paul Avenue. The total floor area of the proposed
residence and garage will be approximately 2877 square feet. One (1) apple tree has been proposed for
removal as it is in poor health and in conflict with the design. The net lot size is approximately 7,500
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square feet and the site is zoned R-1-10,000. (Michael Fossati) (Continued to the September 9, 2009
meeting, 6:0)
3. APPLICATION CUP09-0012 (386-53-019) Verizon Wireless c/o Complete Wireless Consulting,
12383 Saratoga-Sunnyvale Road - The applicant is requesting Conditional Use Permit approval to install
three new antennas to an existing lattice utility tower. The project also includes the installation of one GPS
antenna and the replacement of snap hangers and an existing ground bar on the equipment shed. The
proposal will not increase the height of the existing utility structure. The utility structure is located on the
south of the Railroad Tracks and Seagull Way. (Michael Fossati) (Approved with minor change to the
resolution, 7:0)
4. APPLICATION CUP09-0013 (393-21-006) Verizon Wireless c/o Complete Wireless Consulting,
Glen Brae Dr. at Chardonnay Ct. - The applicant is requesting Conditional Use Permit approval to install
three new antennas to an existing lattice utility tower. The project also includes the replacement of snap
hangers with stackable snap in hangers and an existing ground bar on the equipment shed. The proposal
will not increase the height of the existing utility structure. The utility structure is located on the south of
Congress Springs Park and the Railroad Tracks. (Michael Fossati) (Approved with minor change to the
resolution, 7:0)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:45 PM
- Wednesday, August 26, 2009 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
POSTING
Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the
foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on August 8,
2009, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us
If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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SARATOGA PLANNING COMMISSION
MEETING DATE: August 26, 2009 PROJECT APP:
DEPARTMENT: Community Development PREPARED BY: Richard Taylor
______________________________________________________________________________
SUBJECT: Zoning Ordinance Amendment to Create Regulations for Tobacco Retailers
______________________________________________________________________________
RECOMMENDED ACTION:
Conduct a public hearing and make a recommendation to the City Council concerning adoption of
the attached Zoning Ordinance Amendment to Create Regulations for Tobacco Retailers.
REPORT SUMMARY:
The City Council directed staff to prepare a zoning ordinance amendment 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 draft ordinance included as Attachment 1 reflects the direction of the City Council at its
July 15, 2009 meeting. The Council has requested the Commission’s recommendations on the
ordinance. Attachment 2 is a draft resolution recommending adoption to the City Council.
DISCUSSION:
The attached draft 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.
The proposed amendment begins with findings, which describe Saratoga’s specific interest in
regulating Tobacco Retailers and its authority to do so. More general information about the health
consequences of smoking and current trends in California can be found on the Public Health Institute
website and on the attached “Fast Facts” sheet from the Center for Disease Control and Prevention
(Attachment 3).1
The amendment has two main components: 1) it requires new Tobacco Retailers to obtain a
conditional use permit (CUP) from the Planning Commission, with alternate provisions for existing
Tobacco Retailers allowing administrative approval by the Community Development Director, and
2) it limits the density of new Tobacco Retailers. The use permit requirement includes conditions
1 http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm
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designed to limit the exposure of minors to tobacco and tobacco related products.
Conditional Use Permits
New Tobacco Retailers (defined as any person who sells tobacco products) would be allowed to
operate only in commercial zoning districts and only after obtaining a CUP from the Planning
Commission. The granting of a CUP by the Commission would be discretionary, and would require
ongoing compliance with the following conditions:
• Tobacco products must be secured, so that only employees have access;
• Tobacco Retailers must comply with existing state, local and federal laws;
• Sale of tobacco products must be by individuals 18 or older;
• No sale to or sampling by individuals under 18 years of age; and
• No smoking on the premises of a Tobacco Retailer.
The ordinance would provide that if a Tobacco Retailer fails to comply with the conditions or with
other applicable law, the Community Development Director can suspend the right to sell tobacco for
30 days for the first violation and 90 days for a second violation within a 60-day period. For the third
violation, the Director can revoke a Tobacco Retailer’s right to sell tobacco. These suspension and
revocation procedures differ from the enforcement procedures for other CUP violations, as tobacco
violations tend to be more technical in nature. The tobacco procedures are similar to the enforcement
mechanisms for State regulation of liquor licenses. The ordinance provides that appeals of these
enforcement decisions would be made to the City’s hearing officer (this officer is appointed pursuant
to Chapter 3 of the City Code and currently hears appeal of various code enforcement decisions
made by the City Manager).
For Tobacco Retailers already in existence, a traditional CUP is not required. Instead, the operator
must apply to the Director within 180 days to obtain an Administrative Existing Tobacco Retailer
Use Permit . In the application, the operator must declare that it will comply with the conditions for
the CUP listed above. If the operator fails to obtain the administrative permit within the specified
time, they must obtain a CUP through the process described above. A suspension or revocation
decision is appealable to the Planning Commission. The ordinance provides that no fee may be
charged by the City for an Administrative Existing Tobacco Retailer Use Permit.
Within the general framework of a CUP requirement the City Council considered three more specific
policy issues. The sections below summarize these issues and the Council’s proposed resolution as
reflected in the attached ordinance.
CUP Policy Issue 1: Whether tobacco retailer CUPs will be issued by the Planning
Commission or would be uses subject to Community Development director approval under the new
expedited use permit review process. Similarly, whether use permit suspensions/revocations may be
issued by the Director or may only be instituted by the Planning Commission. The City Council
directed that the ordinance provide that CUP decisions be made by the Planning Commission but
that enforcement decisions be made by the Community Development Director.
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CUP Policy Issue 2: How long should existing Tobacco Retailers be given to obtain an
Administrative Existing Tobacco Retailer Use Permit? The City Council concluded that 180 days is
a reasonable period.
CUP Policy Issue 3: Should the Director’s enforcement decisions be appealed to a hearing
officer or the Planning Commission? The Council concluded that due to the technical nature of the
violations appeals should be heard by the City’s code enforcement hearing officer.
Density Limits
The second component of the zoning ordinance amendment would limit the density of new Tobacco
Retailers. No new Tobacco Retailer could obtain a CUP on a parcel located within (1) 500 feet of
any existing Tobacco Retailer or (2) 1000 feet of a public or private elementary, middle, or high
school. Existing Tobacco Retailers would not be subject to this requirement.
Within the general framework of a density limitation the Council considered four specific policy
issues. The sections below summarize these issues and the Council’s proposed resolution as
reflected in the attached ordinance.
Density Policy Issue 1: Distance between tobacco retailers. The PHI Model Ordinance
recommends a 500 foot separation between new tobacco retailers and any existing tobacco retailer.
The City Council considered this to be a reasonable limit. Attachment 4 to this staff report is a map
showing the effect of a 500 foot buffer based on staff’s estimate of the location of existing tobacco
retailers.
Density Policy Issue 2: . Distance between new tobacco retailers and schools. The Council
concluded that Saratoga’s ordinance should limit tobacco retailers near schools and concluded that a
1,000 foot buffer area would be reasonable. Attachment 4 shows the effect of a 1,000 foot buffer
based on the location of schools.
Density Policy Issue 3: Distance between new tobacco retailers and City parks. The City
Council considered whether the ordinance should include a 1000 foot buffer between new tobacco
retailers and City parks. The Council specifically requested the Commission’s recommendation on
this point to assist in Council deliberations on the ordinance. Attachment 4 shows the effect of a
1,000 foot buffer based on the location of City parks. The attached ordinance includes wording to
include this buffer with a notation that it is an option. The wording can be deleted if the
Commission recommends that there should not be a park/tobacco retailer buffer.
Density Policy Issue 4: The PHI Model Ordinance also restricts the total number of Tobacco
Retailers based on the City’s population (i.e., one Tobacco Retailer per 1,000 residents). The City
Council elected to not include this restriction.
Enforcement
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In addition to the suspension and revocation enforcement activities already described, the
amendment also declares that any violation of this section would constitute a public nuisance. The
City also retains the ability to enforce the section through civil actions, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, unfair business
practice proceedings, and suits for injunctive relief.
Enforcement Policy Issue: As an additional enforcement option, the PHI Model Ordinance
also includes a private right of action. This would allow private individuals to independently
enforce the ordinance in lieu of the City. The City Council did not include this provision in the
ordinance.
FOLLOW UP ACTION(S):
Inform the City Council of the Commission’s recommendation.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this hearing was properly posted and published in the Saratoga News on August 12, 2009.
ATTACHMENTS:
1 – Draft Ordinance
2 – Proposed Resolution
3 – Fast Facts from the Center for Disease Control and Prevention
4 – Map of Estimated Commercial, School, and Park Buffers
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ORDINANCE NO. __________
AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO PROVIDE
REGULATIONS FOR ESTABLISHMENTS SELLING TOBACCO PRODUCTS AND
TOBACCO PARAPHERNALIA
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The City of Saratoga recognizes the negative health consequences of smoking and
wishes to regulate the sale of tobacco products and tobacco paraphernalia out of
concern for the health of Saratoga’s citizens.
B. Zoning controls and a requirement that tobacco retailers obtain a use permit will
not unduly burden legitimate business activities of tobacco retailers who sell
cigarettes or distribute tobacco products or tobacco paraphernalia to adults. It
will, however, allow the City of Saratoga to regulate the operation of lawful
businesses to avoid circumstances which facilitate violations of state, federal, and
local laws.
C. The City of Saratoga has a substantial interest in ensuring that any person selling
or exchanging tobacco products should be at least of a legal age to purchase such
products.
D. The City of Saratoga has a substantial interest in promoting compliance with state
laws prohibiting the sales of tobacco products to minors; in promoting compliance
with federal, state and local laws intended to discourage the purchase of tobacco
products by minors; and finally, and most important, in protecting children from
being lured into illegal activity through the misconduct of adults.
E. The California courts in such cases as Cohen v. Board of Supervisors (1985) 40
Cal. 3d 277, and Bravo Vending v. City of Rancho Mirage (1993) 16 Cal. App.
4th 383, have affirmed the power of local governments to regulate business
activity in order to discourage violations of state law.
F. The California Constitution, Article XI, section 7, provides cities and counties
with the authority to enact ordinances to protect the health, safety, welfare, and
morals of their citizens.
G. Zoning regulations are necessary to control the location and operation of the sale
or exchange of tobacco products and/or tobacco paraphernalia for the protection
of public health, safety and welfare.
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H. It is the intent of the City Council to discourage violations of laws forbidding
distribution of tobacco products to minors, but not to expand or reduce the degree
to which the acts regulated by state or federal law are criminally proscribed.
SECTION 2. Adoption.
A. Section 15-19.020 of the Saratoga City Code is hereby amended by adding the
text shown in bold double-underlined (example) and deleting the text shown in
strikeout (example) in Attachment A.
B. Section 15-80.130 is added to the Saratoga City Code as shown in Attachment A.
SECTION 3. California Environmental Quality Act.
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).
SECTION 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
-- Continued Next Page --
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SECTION 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the ___ day of _____, 2009, and was adopted by the following vote
following a second reading on the _____ day of ___________________________, 2009:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________
CHUCK PAGE
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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Attachment A to Ordinance No. __
Amendment to Section 15-19.020
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
[subsection (a) unchanged]
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit in accordance with this Code: pursuant to Article 15-
55 of this Chapter:
[subsections (1)-(14) unchanged]
(15) Tobacco Retailers. All Tobacco Retailers (as defined in Section 15-80.130 of this
Article) shall be subject to the permitting requirements and provisions set forth in Section
15-80.130 of this Article.
Amendment adding Section 15-80.130
15-80.130 Tobacco Retailers
(a) Definitions. For the purposes of this Section, the following words and phrases shall
have the meanings specifically ascribed to them in this subsection, unless the context or
provision clearly requires otherwise:
(1) “Person” means any natural person, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(2) “Tobacco Paraphernalia” means cigarette papers or wrappers, pipes, holders
of smoking materials of all types, cigarette rolling machines, and any other item designed for the
smoking or ingestion of tobacco products.
(3) “Tobacco Products” means any substance containing any tobacco leaf,
including but not limited to cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, and
smokeless tobacco.
(4) “Tobacco Retailer” means any person who sells, offers for sale, exchanges or
offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco
paraphernalia; “tobacco retailing” shall mean the doing of any of these things.
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(b) Conditional Use Permits. In zoning districts where tobacco retailers are listed a
conditional use, tobacco retailers may be allowed upon the granting of a use permit. Tobacco
retailers are not allowed in any zoning district unless listed as a conditional use. In addition to
the requirements of Article 15-55, conditional use permits for tobacco retailers must include the
following conditions:
(1) Tobacco products and/or tobacco paraphernalia shall be secured so that only
store employees have immediate access to the tobacco products and/or tobacco paraphernalia.
Self-service displays are prohibited.
(2) The tobacco retailer shall comply with local, state, and/or federal laws
regarding sales, advertising or display of tobacco products and/or tobacco paraphernalia
including posting prominently near the cash register or other point of sale the legal age to buy
tobacco products and/or tobacco paraphernalia, and checking the identification of all purchasers
to ensure they are of legal age.
(3) No person under 18 years of age may sell or exchange tobacco products or
tobacco paraphernalia.
(4) Sampling of tobacco products by individuals under 18 years of age shall not
be permitted. Therefore, tobacco products shall not be given or sold to individuals under 18
years of age.
(5) Smoking shall be prohibited in a premises deemed a Tobacco Retailer.
(c) Limited Density of Tobacco Retailers. No tobacco retailer, not legally in existence as
of the effective date of this ordinance, shall be granted a conditional use permit to operate on a
site which is:
(1) within five hundred (500) feet of a site occupied by another tobacco retailer;
(2) within one thousand (1000) fee of a site occupied by a public or private
elementary, middle, or high school; or
[Option: (3) within ___ feet of a site occupied by a City park.]
All distances shall be measured in a straight line from the point on the parcel boundary of the
proposed tobacco retailer nearest to the subject use (i.e, existing tobacco retailer, school, [or
park]) to the nearest point on the parcel boundary of the subject use.
(d) Existing Tobacco Retailers: Procedure for Administrative Approval. If a tobacco
retailer is legally in existence on [effective date of ordinance], the operator is not required to
comply with the requirements in subdivision (b), as long as the operator obtains an
Administrative Existing Tobacco Retailer Use Permit by [effective date plus 180 days]. The
Director shall issue an Administrative Existing Tobacco Retailer Use Permit to any tobacco
retailer legally in existence as of the date of enactment of this ordinance when the Director
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obtains a declaration from the tobacco retailer operator declaring that it will comply with the
conditions in subdivision (b). No fee shall be charged for this permit.
(e) Suspension or Revocation of a Use Permit.
(1) The suspension and revocation provisions set forth in this subsection apply to
use permits granted under both subsection (b) and (d).
(2) Grounds for Suspension or Revocation: In addition to any basis for suspension
or revocation under Article 15-55, a tobacco retailer’s use permit status shall be suspended or
revoked if the Director finds, after notice and opportunity to be heard, any of the following:
(A) That the applicant has violated any of the use permit conditions of
approval, including without limitation the conditions set forth in subsection (b) of this Section,
or
(B) That the applicant has violated any local, state or federal law
governing the sale, advertisement or display of tobacco products or tobacco paraphernalia.
(3) Suspension shall suspend the privilege of tobacco retailing for a stated period
pursuant to paragraph (4) of this subsection. Revocation shall be without prejudice to the filing
of a new application for a conditional use permit following correction of the conditions that
required the revocation.
(4) Suspension or Revocation of CUP: If the Department finds that there are
grounds for the suspension of a CUP, the following sanctions shall be imposed:
(A) A first violation of this ordinance shall result in a thirty-day (30)
suspension of the right to sell tobacco products and tobacco paraphernalia.
(B) A second violation of this ordinance within a sixty-month (60) period
shall result in a ninety-day (90) suspension of the right to sell tobacco products and tobacco
paraphernalia.
(C) A third or subsequent violation of this ordinance within a sixty-month
(60) period may result in a revocation of the right to sell tobacco products and tobacco
paraphernalia.
(5) Appeal of Suspension and/or Revocation: The decision of the Director is
appealable to the Hearing Officer pursuant to section 3-15.070 of this Code provided that any
appeal must be filed within 10 days of receipt of the Director’s decision. An appeal shall stay all
proceedings in furtherance of the appealed action.
(f) Enforcement.
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(1) Violations of this Section and any use permit issued hereunder are hereby
declared to be public nuisances.
(2) In addition to other remedies provided by this Section or by other law, any
violation may be remedied by a civil action brought by the City Attorney, including but not
limited to administrative or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, unfair business practice proceedings under Business & Professions
Code Section 17200 et seq., and suits for injunctive relief. The remedies provided by this Section
are cumulative and in addition to any other remedies available at law or in equity.
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RESOLUTION NO.
CITY OF SARATOGA PLANNING COMMISSION
ZONING ORDINANCE AMENDMENT
WHEREAS, the City Council referred to the Planning Commission recommended
amendments to the zoning ordinance 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; and
WHEREAS, the Planning Commission held a duly noticed Public Hearing on August
26, 2009 at which time all interested parties were given a full opportunity to be heard and to
present evidence; and
WHEREAS, the Zoning Ordinance Amendment will not change any uses of land and
therefore is exempt under CEQA Guidelines Section 5061(b)(3) (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); and
WHEREAS, the Planning Commission has determined that the proposed amendment is
in the public interest because it will help reduce the exposure of minors to tobacco and
tobacco-related products and limit the proliferation of tobacco retailers in the City.
Now Therefore,
BE IT RESOLVED: that the Planning Commission hereby recommends approval by
the City Council of a zoning ordinance amendment 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 as set forth the recommended ordinance attached as Exhibit 1.
***
[Continued on next page]
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PASSED AND ADOPTED by the City of Saratoga Planning Commission, State
of California, this 26th day of August, 2009 by the following roll call vote:
AYES:
NOES:
ABSENT:
________________________________
Yan Zhao
Chair, Planning Commission
ATTEST:
________________________________
John Livingstone
Secretary, Planning Commission
P:\SARATOGA\RESOLUTI\Tobacco Ordinances\PC staff repo Tobacco Retailer Ordinance (Draft 08-17-09).doc
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Fast Facts
Morbidity and Mortality Related to Tobacco Use
Worldwide, tobacco use causes more than 5 million deaths per year.1
Current trends show that tobacco use will cause more than 8 million deaths annually by 2030.1
Cigarette smoking is the leading preventable cause of death in the United States.2
In the United States, cigarette smoking is responsible for about one in five deaths annually, or
about 443,000 deaths per year.3
An estimated 49,000 of these deaths are the result of secondhand smoke exposure.3
On average, smokers die 13 to 14 years earlier than nonsmokers.2
For every person who dies of a smoking-related disease, 20 more people suffer with at least
one serious illness from smoking.4
Cigarette smoking increases the length of time that people live with a disability by about 2
years.5
Tobacco-Related Costs and Expenditure in the United
States
Annually, cigarette smoking costs more than $193 billion ($97 billion in lost productivity and
$96 billion in health care expenditures).3
Health care costs associated with exposure to secondhand smoke average $10 billion
annually.6
In 2005, the latest year with available data, the cigarette industry spent almost $13.4 billion, or
more than $36 million per day, on advertising and promotional expenses.7
States spend less than 3% of the $24.9 billion available to them from tobacco excise taxes and
tobacco industry legal settlements on preventing and controlling tobacco use.8 Investing only
17% of these funds would allow every state tobacco control program to be funded at
CDC-recommended minimum levels.9
Tobacco Use in the United States
Approximately 19.8% of U.S. adults (43.4 million people) are current cigarette smokers.10
Prevalence of cigarette smoking is highest among American Indians/Alaska Natives (36.4%),
followed by African Americans (19.8%), whites (21.4%), Hispanics (13.3%), and Asians
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[excluding Native Hawaiians and other Pacific Islanders](9.6%).10
In the United States, 20% of high school students are current cigarette smokers.11
Each day, about 1,100 persons younger than 18 years of age become regular smokers; that is,
they begin smoking on a daily basis.12
Among adult smokers, 70% report that they want to quit completely,13 and more than 40% try
to quit each year.9
References
World Health Organization. WHO Report on the Global Tobacco Epidemic, 2008
(http://www.who.int/tobacco/mpower/en/) (http://www.cdc.gov/Other/disclaimer.html) .
Geneva: World Health Organization; 2008 [accessed 2009 Mar 31].
1.
Centers for Disease Control and Prevention. Annual Smoking-Attributable Mortality,
Years of Potential Life Lost, and Productivity Losses—United States, 1995–1999
(http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5114a2.htm) . Morbidity and
Mortality Weekly Report [serial online]. 2002;51(14):300–303 [accessed 2009 Mar 31].
2.
Centers for Disease Control and Prevention. Smoking-Attributable Mortality, Years of
Potential Life Lost, and Productivity Losses—United States, 2000–2004
(http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a3.htm) . Morbidity and
Mortality Weekly Report [serial online]. 2008;57(45):1226–1228 [accessed 2009 Mar 31].
3.
Centers for Disease Control and Prevention. Cigarette Smoking-Attributable Morbidity
—United States, 2000 (http://www.cdc.gov/mmwr/preview/mmwrhtml
/mm5235a4.htm) . Morbidity and Mortality Weekly Report [serial online]. 2003;52(35)
[accessed 2009 Mar 31].
4.
Nusselder WJ, Looman CWN, Marang-van de Mheen PJ, van de Mheen H, Mackenbachet JP.
Smoking and the Compression of Morbidity. Journal of Epidemiology and Community
Health. 2000;54:566–74.
5.
Behan DF, Eriksen MP, Lin Y. Economic Effects of Environmental Tobacco Smoke
Report (http://www.soa.org/research/life/research-economic-effect.aspx)
(http://www.cdc.gov/Other/disclaimer.html) [paper on the Internet]. Schaumburg, IL: Society of
Actuaries; 2005 [accessed 2009 Mar 31].
6.
Federal Trade Commission. Cigarette Report for 2004 and 2005 (http://www.ftc.gov
/reports/tobacco/2007cigarette2004-2005.pdf) (http://www.cdc.gov/Other
/disclaimer.html) (PDF–880 KB). Washington, DC: Federal Trade Commission; 2007
[accessed 2009 Mar 31].
7.
Campaign for Tobacco Free Kids. A Broken Promise to Our Children: The 1998 State
Tobacco Settlement Nine Years Later (http://tobaccofreekids.org/reports/settlements
/2008/fullreport.pdf) (http://www.cdc.gov/Other/disclaimer.html) (PDF–1.82 MB).
Washington, DC: Campaign for Tobacco Free Kids; 2007 [updated 2007 Dec 12; accessed 2009
Mar 31].
8.
Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco
Control Programs—2007 (/tobacco/stateandcommunity/best_practices/index.htm) .
Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on
Smoking and Health; October 2007. [accessed 2009 Mar 31].
9.
Centers for Disease Control and Prevention. Cigarette Smoking Among Adults—United
States, 2007 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a2.htm) .
Morbidity and Mortality Weekly Report [serial online]. 2008;57(45):1221–1226 [accessed 2009
Mar 31].
10.
Centers for Disease Control and Prevention. Cigarette Use Among High School Students11.
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Page last reviewed: May 29, 2009
Page last updated: May 29, 2009
Content source: Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion
Centers for Disease Control and Prevention 1600 Clifton Rd. Atlanta, GA 30333, USA
800-CDC-INFO (800-232-4636) TTY: (888) 232-6348, 24 Hours/Every Day -
cdcinfo@cdc.gov
—United States, 1991–2007 (http://www.cdc.gov/mmwr/preview/mmwrhtml
/mm5725a3.htm) . Morbidity and Mortality Weekly Report [serial online].
2008;57(25):689–691 [accessed 2009 Mar 31].
Substance Abuse and Mental Health Services Administration. Results from the 2006
National Survey on Drug Use and Health (http://oas.samhsa.gov/nsduh/2k6nsduh
/2k6results.pdf) (http://www.cdc.gov/Other/disclaimer.html) (PDF–1.41 MB): (Office of
Applied Studies, NSDUH Series H-32, DHHS Publication No. SMA 07–4293). Rockville, MD
[accessed 2009 Mar 31].
12.
Centers for Disease Control and Prevention. Cigarette Smoking Among Adults—United
States, 2000 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5129a3.htm) .
Morbidity and Mortality Weekly Report [serial online]. 2002;51:642–5 [accessed 2009 Mar 31].
13.
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T.PERALTA CT.SEVILLA
BELLA VINA
EMERALD HILLSCT.PICEA CT.VIA DE MARCOSH A Y F IE L D C T .SPAICH CT.Central Park
Kevin Moran Park
El Quito Park
Azule Park
St. Marco s Open Space
Wildwood Park
Congress Springs Park
Beauchamps Park
Bellgrove Park
Gardiner Park
Foo thill Park
His toric al Park
Brook glen Park
Ravenswood Park
Bla ney Pla za
±0 1,000 2,000 3,000 4,000500Feet
Existing School and Commercial Buffers
Legend
City Parks
Saratoga Schools
Grocery and Drug Store
Gas Station
School Buffers 1000 Sq. Ft.
Gas Station Buffer 500 Sq. Ft.
Store Buffer 500 Sq. Ft.
Park Buffers 1000 Sq. Ft.
21