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HomeMy WebLinkAboutD-1 Staff Report - Smoke Shop Moratorium First ExtensionSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: STEPHAN E. HUNT, CHIEF OF POLICE/ACTING CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY KURT CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: JULY 17, 2017 SUBJECT: ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF HOOKAH LOUNGES AND TOBACCO STORES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS SUMMARY: The adoption of the attached urgency ordinance (Attachment 1) will extend the moratorium on the establishment of hookah lounges and tobacco stores within the City by an additional ten months and fifteen days. The extension is authorized pursuant to Government Code Section 65858 and will provide City Staff with additional time to study and address the issues associated with such facilities. The proposed actions, waive further reading, ready by title only and adopt RECOMMENDATION: Staff recommends the City Council take the following action: 1) Waive further reading, read by title only and adopt Urgency Ordinance No 2017-09, an urgency ordinance of the City Council of the City of Azusa, California: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF HOOKAH LOUNGES AND TOBACCO STORES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS. APPROVED CITY COUNCIL 7/17/2017 Approved with Revisions Urgency Ordinance, Moratorium Extension July 17, 2017 Page 2 DISCUSSION: On June 19, 2017, the Azusa City Council adopted Urgency Ordinance No. 2017-07 (Attachment 2) prohibiting the issuance of business licenses, use permits, and entitlements to hookah lounges and tobacco stores. Pursuant to California Government Code Section 65858(d), the City issued a written report describing measures taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2017-07. These conditions are listed in Urgency Ordinance No. 2017-07. City Staff has determined that the Azusa Municipal Code must be amended in order to alleviate these conditions. On July 7, 2017, City staff issued a written report describing the measures taken to alleviate the conditions which led to the adoption of the Urgency Ordinance No. 2017-07. According to the report, the following actions have been taken since the moratorium was enacted:  The City’s Police Department has contacted other law enforcement agencies in Southern California regarding their approach to regulating hookah lounges and tobacco stores.  The City’s Planning Department has begun the process of reviewing the City’s Zoning Code and identifying which zones might be appropriate for hookah lounges and tobacco stores and whether additional planning tools (such as separation from sensitive land uses) might be appropriate.  The City’s Police Department, Planning Department, and City Attorney have begun the process of determining appropriate standards for hookah lounges and tobacco stores within the City.  The City’s Police Department, Planning Department, and City Attorney have reviewed whether the moratorium must continue to affect cigar lounges and have determined that it need not because such facilities are not a common source of the impacts which prompted the initial moratorium.  The City Attorney has prepared a ten (10) month and fifteen (15) day extension for the moratorium in accordance with Government Code Section 65858. The City’s Planning Department, Police Department, and City Attorney’s Office are currently working together to prepare a new ordinance regarding hookah lounges and tobacco stores. While the amendments are being prepared and adopted, City staff believes it is critical that the moratorium be extended in accordance with Government Code Section 65858. The moratorium established by Urgency Ordinance No. 2017-07 is currently set to expire on August 3, 2017. Staff recommends extending the moratorium for 10 months and 15 days. However, Staff also recommends amending the moratorium slightly so that it does not prohibit the establishment of new cigar lounges within the City. As noted above, such facilities are considered to be a common source of the impacts and conditions that prompted the adoption of Urgency Ordinance No. 2017-07. The attached moratorium incorporates this proposed change. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Urgency Ordinance, Moratorium Extension July 17, 2017 Page 3 Prepared by: Reviewed by: Marco Martinez Kurt Christiansen, FAICP City Attorney Economic and Community Development Director Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Stephan E. Hunt Management Analyst Chief of Police/Acting City Manager Attachments: 1) Proposed Urgency Ordinance No. 2017-09 2) Urgency Ordinance No. 2017-07 3) Report issued July 7, 2017 URGENCY ORDINANCE NO. 2017-09 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, EXTENDING FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF HOOKAH LOUNGES AND TOBACCO STORES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of Azusa (“City”) to make and enforce within its limits all ordinances and regulations not in conflict with general laws; and WHEREAS, the unregulated development of Hookah Lounges and Tobacco Stores, as defined in Section 2 of this Ordinance, presents an immediate threat to the public health, safety and welfare for the following reasons:  The City does not have sufficient regulations in its Municipal Code governing the establishment of Tobacco Stores or Hookah Lounges. Specifically, there are no detailed regulations regarding the development, operation or location standards for these uses;  Significant concerns have been raised regarding the lack of current regulations to address Tobacco Stores and Hookah Lounges and the noise, safety, health, and other impacts of these uses on the community including on minors and sensitive land uses;  Many state laws have been adopted, which acknowledge the public health impacts of tobacco and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within 20 feet of the main entrances and exits of public buildings;  In recent years, e-cigarettes and other vape pens have become a popular alternative to traditional smoking. State laws have been amended to include these products within the definition of tobacco products. Although such products are too new for any long- terms studies that evaluate the health effects, current research indicates that chemicals contained in such products may be harmful and that vaping releases contents of e- cigarettes into the air. Further, e-cigarettes are made to mimic conventional cigarettes, making enforcement of smoking and tobacco product regulation difficult and confusing if e-cigarettes are excluded;  Tobacco Stores can be a target for theft and vandalism and require such establishments to install retractable security bars on all doors and windows. Additionally, Tobacco Stores may be affiliated with the sale of drug paraphernalia that encourage illegal activity, which then can negatively affect the neighborhoods and surrounding community;  The establishment of Hookah Lounges produces secondary smoke, far more concentrated than cigarette smoke, which can negatively affect workers, passers-by, neighbors, the elderly, sick and disabled and particularly minors. Recognizing the health risks, state laws have been adopted to prohibit unlawful smoking of tobacco in hookah pipes in an enclosed place of employment as well as prohibiting smoking of tobacco in hookah pipes by those under 18 years of age; and  Due to the lack of development, operation and location standards for these uses, the City desires to study new zoning regulations in order to provide clear, consistent, and uniform guidance to businesses and individuals regarding the citing and operational characteristics while also addressing significant community concerns; WHEREAS, on June 19, 2017, the City Council adopted Urgency Ordinance No. 2017- 07 pursuant to Government Code Section 65858 establishing a forty-five (45) day moratorium on the issuance of any entitlements for the establishment or operation of Hookah Lounges and Tobacco Stores; and WHEREAS, while no new regulations have been formulated or proposed in the brief time since the adoption of the moratorium, much progress has been made toward identifying key stakeholders and logical next steps; and WHEREAS, City staff, the Police Department, and the City Attorney’s office are continuing to conduct research into the possible and likely impacts of further regulating Hookah Lounges and Tobacco Stores in the City in order to mitigate such impacts; and WHEREAS, City staff is continuing to gather factual data regarding the adverse impacts experienced by other cities that permit Hookah Lounges and Tobacco Stores. This information is currently being processed as a tool to draft provisions for regulating Hookah Lounges and Tobacco Stores in the City; and WHEREAS, as a result of early discussions between City staff, the Police Department and the City Attorney’s office, it has been determined that cigar lounges, where the sole Tobacco Products sold and used on site include cigars and pipe tobacco, are generally not the cause of the impacts on minors and sensitive land uses; and WHEREAS, the extension of the moratorium has been drafted to now exclude cigar lounges from its coverage due to their lower potential to cause adverse impacts; and WHEREAS, as a result, the City Council desires to extend the moratorium for a period of ten (10) months and fifteen (15) days to allow staff and the City Council the opportunity to continue to research and select the best course of action for the City’s citizens and the community at large; and WHEREAS, in preparation for further extending Urgency Ordinance No. 2017-07, and pursuant to Government Code Section 65858(d), the City staff issued a written report on July 7, 2017 describing the measures taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 2017-07; and WHEREAS, based on the report, the City Council has determined that the circumstances and conditions that led to the adoption of Urgency Ordinance No. 2017-07, which are set in the recitals of Urgency Ordinance No. 2017-07, have not been alleviated as of the date of this Ordinance and continue to create the concerns described in Urgency Ordinance No. 2017-07; and WHEREAS, the City has substantially complied with the notice and public hearing required by Government Code Section 65858 (a) of the California Government Code for the extension of Urgency Ordinance No. 2017-07. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The above recitals, and the recitals accompanying Urgency Ordinance No. 2017-07, are true and correct and are incorporated herein by reference. The Azusa City Council hereby finds and determines that this Urgency Ordinance is necessary for the immediate protection of the public safety, health and welfare. SECTION 2. EXTENSION OF MORATORIUM. The City Council hereby extends the moratorium established under Urgency Ordinance No. 2017-07 for a period of ten (10) months and fifteen (15) days until June 18, 2018. Notwithstanding the foregoing, the moratorium will no longer apply to the establishment and operation of Cigar Lounges, defined as “an enclosed area in or attached to a retail shop dedicated to the sale and use of cigars, pipe tobacco, and associated paraphernalia and no other Tobacco Products.” The Azusa City Council hereby finds that there is an urgent need to extend this temporary prohibition, subject to the above exception, in order to eliminate the current and immediate threats set forth herein. SECTION 3. ADOPTION. Pursuant to Government Code Section 36937, this Urgency Ordinance is designed to protect the health, safety, and welfare of the City and its residents and becomes effective immediately upon adoption by a four-fifths (4/5) vote of the City Council following the notice and public hearing required by Government Code Section 65858(a). SECTION 4. TERM. This Urgency Ordinance is adopted under the provisions of Government Code Section 65858 and 36937(b), and shall take effect immediately upon its passage by a four-fifths vote of the City Council. This Urgency Ordinance shall remain in effect for ten (10) months and fifteen (15) days from its adoption, unless earlier repealed. SECTION 5. REPORT REQUIRED No less than ten (10) days prior to the scheduled expiration of this Urgency Ordinance, staff shall issue a report on behalf of the City Council on the progress of its study and on determinations for how the City should proceed, insofar as conclusions have been drawn. SECTION 6. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this Urgency Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, section 15061(b)(3) that this interim urgency ordinance is nonetheless exempt from the requirements of CEQA. 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. SECTION 7. SEVERABILITY If any provision of this Urgency Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Urgency Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Urgency Ordinance are severable. The City Council hereby declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any particular portion thereof. PASSED, APPROVED, AND ADOPTED this 17th day of July, 2017. ___________________________________ Joseph Romero Rocha, MAYOR ATTEST: _______________________________ Jeffrey Lawrence Cornejo, Jr., CITY CLERK APPROVED AS TO FORM: _______________________________ Marco Martinez, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Jeffrey Lawrence Cornejo Jr., City Clerk of the City of Azusa, do hereby certify that the foregoing Urgency Ordinance No. 2017-09 was duly introduced and adopted at a regular meeting of the City Council on the 17th day of July, 2017, by the following roll-call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: _________________________________________ Jeffrey Lawrence Cornejo, Jr., CITY CLERK REPORT TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCO A. MARTINEZ, CITY ATTORNEY KURT CHRISTIANSEN, FAICP, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: STEPHAN E. HUNT, CHIEF OF POLICE AND INTERIM CITY MANAGER DATE: JULY 7, 2017 SUBJECT: REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE NO. 2017-07 ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF HOOKAH LOUNGES AND TOBACCO STORES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS SUMMARY In accordance with Section 5 of Urgency Ordinance No. 2017-07, Staff is issuing this report on behalf of the City Council. REPORT On June 19, 2017, the City Council adopted Urgency Ordinance No. 2017-07 (“Interim Ordinance”), enacting a forty-five (45) day moratorium on the establishment of hookah lounges and tobacco stores, pending study and adoption of regulatory and zoning standards in order to protect the public health, safety and welfare. The moratorium is set to expire on August 3, 2017. Government Code Section 65858 requires that at least ten (10) days prior to the expiration of an interim ordinance or any extension, the City Council must issue a written report describing the measures taken to alleviate the condition(s) which led to the adoption of the initial moratorium in the Interim Ordinance. The conditions that led to the adoption of the initial moratorium were listed in the Interim Ordinance and still exist as of the date of this report. In Section 5 of the Interim Ordinance, the City Council instructed City Staff to issue this Report. Since the enactment of the Interim Ordinance, the following actions have been taken: (1) The City’s Police Department has contacted other law enforcement agencies in Southern California regarding their approach to regulating hookah lounges and tobacco stores. Report on Hookah Lounge and Tobacco Store Moratorium July 7, 2017 Page 2 (2) The City’s Planning Department has begun the process of reviewing the City’s Zoning Code and identifying which zones might be appropriate for hookah lounges and tobacco stores and whether additional planning tools (such as separation from sensitive land uses) might be appropriate. (3) The City’s Police Department, Planning Department, and City Attorney have begun the process of determining appropriate standards for hookah lounges and tobacco stores within the City. (4) The City’s Police Department, Planning Department, and City Attorney have reviewed whether the moratorium must continue to affect cigar lounges and have determined that it need not because such facilities are not a common source of the impacts which prompted the initial moratorium. (5) The City Attorney has prepared a ten (10) month and fifteen (15) day extension for the moratorium in accordance with Government Code Section 65858. In light of the complexity of this matter, City Staff requires additional time to study the issue in depth in order to determine the best way to serve all interests while protecting the public health, safety, and welfare. While this study is being continued and a new ordinance is being prepared, City staff believes it is critical that the moratorium established by the Interim Ordinance be extended in accordance with Government Code Section 65858. cc: Assistant City Clerk