HomeMy WebLinkAboutRES CC 2015 3365 2015 0218 RESOLUTION NO. 2015-3365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION
TO STUDY, HOLD A PUBLIC HEARING, AND PROVIDE A
RECOMMENDATION TO THE CITY COUNCIL ON AN AMENDMENT TO
SECTION 17.08.010 (APPLICATION OF DEFINITIONS) OF CHAPTER
17.08 (DEFINITIONS) AND SECTION 17.20.060 (PERMITTED USES IN
COMMERCIAL AND INDUSTRIAL ZONES) OF CHAPTER 17.20 (USES
BY ZONE) OF THE ZONING ORDINANCE (TITLE 17) RELATED TO
ELECTRONIC CIGARETTE STORES AND SMOKING AND VAPOR
LOUNGES; DIRECTING CITY STAFF TO DEVELOP ADDITIONAL
MUNICIPAL CODE LANGUAGE TO REGULATE STORES THAT SELL
TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES AND
SUPPLIES; AND DETERMINATION THAT THIS ACTION IS NOT A
PROJECT APPROVAL SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, Section 17.44.050 of the Municipal Code provides that the City
Council may initiate proceedings to consider amendments to the Zoning Ordinance by
the adoption of a resolution of intent; and
WHEREAS, the City Council wishes to initiate proceedings to consider a Zoning
Ordinance Amendment that would amend Section 17.08.010 (Application of Definitions)
of Chapter 17.08 (Definitions) and Section 17.20.060 (Permitted Uses in Commercial
and Industrial Zones) of Chapter 17.20 (Uses by Zone) of the Zoning Ordinance related
to electronic cigarette stores and smoking or vapor lounges; and
WHEREAS, the City Council at its meeting on February 18, 2015, also directed
staff to develop additional Municipal Code regulations to regulate stores that sell
tobacco products and electronic cigarettes and supplies; and
WHEREAS, the Community Development Director has determined that the
initiation of proceedings for a Zoning Ordinance Amendment is not a project approval
subject to the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the determination of the Community Development Director that the
initiation of proceedings for a Zoning Ordinance Amendment is not a project approval
subject to the California Environmental Quality Act.
SECTION 2. INITIATION OF PROCEEDINGS: The City Council hereby
authorizes 1) the initiation of proceedings to consider a Zoning Ordinance Amendment
Resolution No. 2015-3365
Page 2
that would amend Section 17.08.010 (Application of Definitions) of Chapter 17.08
(Definitions) and Section 17.20.060 (Permitted Uses in Commercial and Industrial
Zones) of Chapter 17.20 (Uses by Zone) of the Zoning Ordinance related to electronic
cigarette stores and smoking or vapor lounges as shown in Exhibit A (attached) or as
otherwise recommended by the Planning Commission; and 2) directs staff to also study
and initiate additional Municipal Code amendment revisions related to regulating stores
that sell tobacco products and electronic cigarettes and supplies.
SECTION 3. DIRECTION TO PLANNING COMMISSION: The Planning
Commission is hereby directed to study, hold a public hearing, and provide a
recommendation to the City Council on the Zoning Ordinance amendment.
SECTION 4. CITY CLERK CERTIFICATION AND FILING: The City Clerk
shall certify to the adoption of this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of February, 2015.
45„.ce S. Parvin, Mayor
ATTEST:
•
Maureen Benson, City Clerk -.�°I� �•'��
Exhibit A: Proposed Amendments to Zoning Ordinance Related to Electronic
Cigarette Stores and Smoking or Vapor Lounges
Resolution No. 2015-3365
Page 3
EXHIBIT A
PROPOSED AMENDMENTS TO SECTIONS 17.08.010 AND 17.20.060
OF THE ZONING ORDINANCE
SECTION 17.08.010 Application of definitions
The following definitions are added to this section:
"Electronic or "E" Cigarette" means an electronic or battery operated device that delivers
vapors for inhalation, including every variation and type of such devices whether they
are manufactured, distributed, marketed, or sold as an electronic cigarette, an "e"
cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic
hookah, or any other product name or descriptor.
"Electronic Cigarette Store" means a store that engages in retail trade primarily of
electronic cigarettes and other vapor devices, e-juice, e-liquids or e-liquid cartridges or
other vapor solutions.
"Tobacco Store" means a store that engages in retail trade primarily of tobacco products
including but not limited to tobacco, cigarettes, cigars, pipe tobacco, chewing tobacco
and snuff, and/or smoking paraphernalia, including but not limited to rolling paper or
tubes, pipes, water pipes, hookahs, or other smoking devices.
"Smoking or Vapor Lounge" means a business established for the purpose of providing
customers with a place to purchase and smoke tobacco products or purchase and use
electronic cigarettes and supplies within the establishment.
SECTION 17.20.060 Permitted uses in commercial and industrial zones
Subsection A, Number 26 of Table 17.20.060 is amended as follows:
Zones C-O C-1 C-2 C-OT M-1 M-2 I
26. Tobacco stores and electronic
cigarette stores, including, but not
limited to, cigarette, cigar, and CUP
smoking paraphernalia shops, and
smoking or vapor lounges
Resolution No. 2015-3365
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2015-3365 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
18th day of February, 2015, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 4th day of March, 2015.
Maureen Benson, City Clerk
(seal)
r:_tr4tIV
t \1111h.
.11111.111111