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HomeMy WebLinkAbout2001-04-10 - AGENDA REPORTS - TOBACCO PARA REGULATIONS (2)CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval PUBLIC HEARING Item to be presented by:/Vinceni DATE: April 10, 2001 SUBJECT: AMEND THE ZONING CODE ESTABLISHING REGULATIONS FOR TOBACCO PARAPHERNALIA. DEPARTMENT: Planning and Building Services RECOMMENDED ACTION Conduct the public hearing and adopt a resolution approving amendment to the Unified Development Code. Introduce an ordinance entit]ed: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA C negative declaration for the AMENDING THE SANTA CLARITA MUNICIPAL CODE BY VITA, CALIFORNIA, FOR TOBACCO PARAPHERNALIA BUSINESSES (UDC ' ADOPTING REGULATIONS second reading. AMENDMENT 00-001 and pass to BACKGROUND In January of 2000 the City Council established The Blue Ribbon Task Force which includes Councilman Frank Ferry, City staff, parents, youth, educators, law enforcement, businesses, and community-based organizations to educate parents and increase awareness about teen drug, aling and cohol, and tobacco use. One of the goals of the Task Force is to become active in of drugt and tobac oting a strong commuty standard against paraphernalia in the City of Santa Claritahe use of drugs and the selling As a result of several Task Force meetings, the Blue Ribbon Task Force requested that the City Council direct City staff to research the possibility of regulating tobacco and drug paraphernalia through the City's Unified Development Code. In December of 2000 Council directed staff to research this possibility. Tobacco paraphernalia and drug paraphernalia are both regulated and defined differently under the City's Unified Development Code and California State Law. The following information is a background of both uses. Tobacco paraphernalia is not defined in the City's Unified Development Code, therefore it is included in the definition of basic retail, which is permitted in all of the commercial zones. Adopted: c.__- P�� Z, Agenda Item:_ /q Drug paraphernalia is prohibited from sale in the City under California State Law, and that State law is so broad it preempts any local regulation. However, certain businesses, commonly referred to as "Head Shops," have been avoiding the State prohibition on drug paraphernalia sales by classifying their products as "tobacco paraphernalia," which is not prohibited by State Law. These businesses then advertise and display their products (such as water pipes) in their stores as intended for use with tobacco. They believe this categorization then classifies the products into non -drug paraphernalia, which would be exempt from the current State law prohibiting drug paraphernalia. At the very least, it creates enough confusion to make prosecution for drug paraphernalia sales difficult. There are two such Head Shop businesses in the City that devote most of their business to selling this type of tobacco paraphernalia, which is identical to drug paraphernalia but simply labeled differently. The Planning Staff and the City Attorney's Office worked with the Sheriffs Department to research the possibility of closing up this loophole in the law by regulating future tobacco paraphernalia businesses (Head Shops) and the tobacco paraphernalia itself through a legally defensible ordinance. In addition, staff called other cities and counties and found that none of them regulated these types of businesses other than through the existing State law prohibiting drug paraphernalia, and that was rarely enforced. Thus, these businesses essentially exist through a loophole by advertising and displaying their products as tobacco paraphernalia rather than drug paraphernalia. The City Attorney's Office believes that prohibiting tobacco paraphernalia outright would be difficult because it is a legal product. Defining tobacco paraphernalia would be virtually impossible. For instance, there are smoking pipes intended and used for tobacco, but defining the millions of different pipes for tobacco versus those intended for drugs would be very difficult. Thus, an ordinance was drafted by the City Attorney's Office that would regulate tobacco paraphernalia businesses as land uses, through a discretionary permit that would include a public hearing, sign posting and notification of the surrounding property owners. After researching this issue, staff presented an amendment to the Planning Commission which would regulate tobacco paraphernalia. On March 6, 2001, the Planning Commission recommended approval to the City Council for the amendment. PROJECT DESCRIPTION The tobacco paraphernalia ordinance would regulate businesses that devote more than a two foot by four foot (2 feet in depth maximum) section of shelf space within the store for equipment, products, and materials of any kind which are intended or designed for use of tobacco. Al] businesses that devote less than a two foot by four -foot section of shelf space for tobacco paraphernalia would not be regulated by the ordinance. This will likely include convenience stores, grocery stores, pharmacies, and other uses that do not focus on the sale of tobacco paraphernalia. This ordinance also does not regulate actual tobacco such as cigarettes and chewing tobacco. In addition, the ordinance excludes matches and lighters from being regulated. If a business does request to devote more than a two foot by four foot section of shelf space to tobacco paraphernalia they would be required to obtain an approved conditional use permit. The conditional use permit would consist of a Planning Commission approval, paying the applicable fees, notifying all property owners within 500' of the exterior boundaries of the property, and posting a sign advertising their request. The following would be incorporated into the Property Development Standards of the UDC TOBACCO PARAPHERNALIA BUSINESS shall mean an establishment that devotes more than a two foot by four foot (two feet in depth maximum) section of shelf space for equipment, products, and materials of any kind (excluding lighters and matches) which are intended or designed for use of tobacco, and includes but not limited to the following: 1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant. 2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco. 3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant. 4. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of tobacco. 5. Scales and balances intended for use or designed for use in weighing or measuring tobacco. 6. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds, or other foreign material from, or in otherwise cleaning or refining, tobacco. 7. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding tobacco substances or substances containing tobacco. 8. Envelopes, pouches, capsules, balloons, and other containers intended for use or designed for use in packaging small quantities of tobacco. 9. Containers and other objects intended for use or designed for use in storing or concealing tobacco. 10. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, such as the following: A. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls. B. Water pipes. C. Carburetion tubes and devices. D. Smoking and carburetion masks. E. Clips or other devices intended to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand. F. Chamber pipes. G. Carburetor pipes. H. Electric pipes. I Air -driven pipes. J. Chillums. K. Bongs. L. Ice pipes or chillers. Tobacco paraphernalia is allowed in all non-residential zones with an approved conditional use permit. ENFORCEMENT This ordinance would be enforced by the City's Code Enforcement Division and would review complaints and oversee violations of the ordinance. All property owners violating this ordinance would be subject to the same penalties already set up in the City's Unified Development Code. A Code Enforcement Officer would give the business three written notices to comply with the ordinance and if not complied with on the third warning, the property owner would be cited for a misdemeanor and the case would go to the District Attorney's Office for legal action. ALTERNATIVE ACTIONS Other actions as determined by Council. FISCAL PACT There may be a minimal impact to the General Fund Budget as a result of a minor increase in Code Enforcement hours to enforce the ordinance and respond to complaints and violations. ATTACHMENTS Ordinance Negative Declaration Resolution Planning Commission Resolution No. 00-39 (Available in City Clerk's reading file) Initial Study (Available in City Clerk's reading file) JJL: VPB:JWH:lep council \ ardrug CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING TO CONSIDER MASTER CASE NO. 00-334 UDC AMENDMENT 00-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CA AMENDING THE SANTA CLARITA MUNICIPAL CODE, BY ADOPTING REGULATIONS ESTABLISHING REGULATIONS FOR TOBACCO PARAPHERNALIA USES IN THE CITY OF SANTA CLARITA, CA PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to consider Master Case No. 00-334, UDC Amendment 00-001- an ordinance of the City Council of the City of Santa Clarita, CA, amending the Santa Clarita Municipal Code, by adopting regulations establishing regulations for tobacco paraphernalia uses in the City of Santa Clarita, CA. The project location is Citywide and the project proponent is the City of Santa Clarita, CA. The hearing will be held by the Santa Clarita City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, on the 10' day of April, 2001, at or after 6:00 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting Jeff Hogan (661) 255-4330 at the Department of Planning and Building Services, Santa Clarita City Hall, 23920 Valencia Blvd., Suite No. 302, Santa Clarita, CA. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. Dated: February 26, 2001 Sharon L. Dawson, CMC City Clerk Publish Date: March 15, 2001 phtobacco. PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on April 10, 2001, the City Council of the City of Santa Clarita introduced an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE, BY ADOPTING REGULATIONS FOR TOBACCO PARAPHERNALIA BUSINESSES (UDC AMENDMENT 00-001) A certified copy of the complete text of the ordinance is posted and may be read in the City Clerk's Office, 23920 Valencia Boulevard, Suite 301, Santa Clarita, and/or a copy may be obtained from that office. Dated this 12' day of April, 2001. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that by Thursday, April 12', 2001, she caused a certified copy of the subject ordinance to be posted and made available for public review in the City Clerk's office and a copy of the ordinance summary to be published as required by law. J _ — Sharon L. Dawson, CMC, City Clerk City of Santa Clarita