HomeMy WebLinkAboutOrdinance 1797 (Tobacco Retailers)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1797 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS
14.03.030, 14.05.020 AND 14.05.022 OF THE MUNICIPAL CODE
CONCERNING THE REGULATION OF SIGNIFICANT TOBACCO RETAILERS"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 3rd day of February, 2003,
published as required by City Charter in the MARIN INDEPENDENT JOURNAL. a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City held on the 18th day of February, 2003, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
20`h day of February, 2003
JE M. LEONCINI, City Clerk
ORDINANCE NO. 1797
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 14.03.030, 14.05.020, and 14.05.022 OF THE MUNCIPAL
CODE CONCERNING THE REGULATION OF SIGNIFICANT
TOBACCO RETAILERS.
WHEREAS, on October 18, 1993, the City Council adopted Ordinance No. 1653 repealing
Chapter 8.14 in its entirety and reenacted a new Chapter 8.14 of the San Rafael Municipal Code
prohibiting tobacco smoking in public places and places of employment and regulating the sale of tobacco
products; and
WHEREAS, on August 16, 1999, the City Council adopted Ordinance No. 1741 enacting Chapter
8.15 of the San Rafael Municipal Code establishing a permitting process for tobacco retail sales and
regulating tobacco advertising and promotion; and
WHEREAS, despite these restrictions, minors continue to obtain cigarettes and other tobacco
products at rates harmful to public health. According to the 2001 California Healthy Kids Survey (2001)
the level of cigarette use by youth in Marin County within a 30 -day survey period increased from 13% in
ninth grade to 23% in eleventh grade; and
WHEREAS, it is estimated that 7.1% of children in California smoke;' and
WHEREAS, the best predictor of adolescent experimentation with cigarettes is the perception
that they are easily available;Z and
WHEREAS, for many minors, shoplifting is the primary means of obtaining cigarettes;3 and
WHEREAS, studies have shown that minors are significantly more sensitive to price reductions
in tobacco products than adults, with a 10% drop in cigarette prices resulting in a 13.1% increase in total
cigarette consumption by minors compared with an increase of 4% in total cigarette consumption by
adults; 4 and
WHEREAS, the City has a substantial interest in promoting compliance with state laws
prohibiting sales of cigarettes and tobacco products to minors and in protecting children into being lured
into illegal activity through the misconduct of adults; and
I . Tobacco Control Section, Cal. Dept of Health Services, Adult and Youth Smoking Prevalence 1994-2000 (updated January 9, 2001).
2. Leslie A. Robinson et al., Predictors of Risk for Different States of Adolescent Smoking in Biracial Sample, 65 J. of Consultative
Clinical Psychology, 653, 657 (1997).
3. Growing Up Tobacco Free: Preventing Nicotine Addiction in Children and Youths (Institute of Medicine Ed, 1994).
4. Frank J. Chaloupka & Michael Grossman, Price, Tobacco Control Policies and Youth Smoking (National Bureau of Economic
ResearchWorking Paper No. 5740, 1996).
WHEREAS, prohibiting Significant Tobacco Retailers from locating within a 1000 -foot radius
from schools (public and private elementary, junior high, and high schools), public parks, public libraries,
arcades, youth/teen centers, community/recreation centers, licensed daycare centers for children, shopping
malls, and houses of worship with organized youth programs will not unduly burden legitimate business
activities of retailers of tobacco products to adults, but will allow the City to regulate the operation of
lawful businesses to avoid circumstances which facilitate violations of the state and local laws; and
WHEREAS, the proposed amendments to the Municipal Code are categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15305, Minor Alteration in Land Use Limitations, Section 15061(b)(3), which exempts projects which
clearly will have no significant adverse environmental impacts, and the City of San Rafael Environmental
Assessment Procedures Manual under Class 5f., Zoning Ordinance text amendments not involving
proposed development plans or commitment of land use or resources which would result in a significant
environmental impact; and
WHEREAS, the proposed ordinance amending the San Rafael Municipal Code Sections
14.03.030, 14.05.020, and 14.05.022 would be consistent with the San Rafael General Plan goals, and
policies and the City's Zoning Ordinance and implementing regulations; and
WHEREAS, a notice describing the proposed amendment to the Municipal Code was: a)
published in a newspaper of general circulation; and b) mailed to special interest groups; and
WHEREAS, on December 10, 2002, the Planning Commission held a public hearing on the
proposed text amendments and recommended approval to the City Council; and
WHEREAS, on January 21, 2003 and February 3, 2003, the City Council held a public hearing
and accepted all oral and written public testimony and the written report of the Community Development
Department staff and has determined that Alternative "A" prohibiting the establishment of significant
tobacco retailers within 1,000 feet of schools (public and private elementary, junior high, and high
schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers,
licensed daycare centers for children, shopping malls, and houses of worship with organized youth
programs is the most appropriate alternative.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1:
The amendments to the San Rafael Municipal Code set forth in Divisions 2 through 4 hereafter
are based on the findings contained in the foregoing recitals and the following additional findings:
1. The amendments are consistent with the San Rafael General Plan 2000. Specifically, restricting
significant tobacco retailers to certain commercial districts and prohibiting their establishment
within 1,000 feet of youth -oriented land uses will minimize the potential nuisance impacts of
tobacco sales to minors, while not overly burdening legitimate business activities of retailers of
tobacco products to adults. Further, allowing significant tobacco retail establishments in the
additional zoning districts proposed will be consistent with the underlying General Plan land use
designations for the zoning districts and potentially bring new businesses into existing
commercial areas which would help support and encourage the upgrading of those areas.
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2. The proposed text amendments will be consistent with the San Rafael Zoning Ordinance (Title
14). The proposed text amendments will provide a definition for "Significant Tobacco Retailers"
and add a new land use category for "Significant Tobacco Retailers" to the land use tables of the
GC, C/O, 4SRC, CSMU, 2/3 MUW, and the FBWC Districts. New significant tobacco retail
establishments will be allowed within these specified commercial districts subject to approval of
a Use Permit, provided that they are consistent with the location requirements which will prohibit
the establishment of significant tobacco retailers within 1,000 feet of specified youth -oriented
land uses.
Allowing significant tobacco retail establishments within the GC, C/O, 4SRC, CSMU, 2/3
MUW, and the FBWC Districts will be compatible with the purpose and intent of these
districts. This includes the following: 1) promoting a full range of retail uses within the
GC District; 2) promoting retail, office, and mixed retail/office/residential uses within the
C/O District; 3) offering a mix of small specialty retail shops, and larger retail stores
within the 4SRC District; 4) providing a wide range of uses, including retail, restaurants,
and offices within the CSMU District; 5) providing retail uses usually accessed by car (i.e.,
daily needs retail such as grocery and drug stores, etc.) within the 2/3MUW District; and
6) providing a wide range of specialty retail uses with regional appeal within the FBWC
District.
DIVISION 2:
Section 14.03.030 of the San Rafael Municipal Code is hereby amended to add thereto the
following definitions:
"Shopping Mall" means an enclosed group of commercial establishments, planned, owned or managed
as a unit, with covered, common -gathering areas and off-street parking provided on the site.
"Tobacco Retailer, Significant" means a retail establishment that devotes 20% or more of its
sales or display area to, or derives 75% or more of its gross sales receipts from, the sale of tobacco
products and/or tobacco paraphernalia.
DIVISION 3:
Section 14.05.020 of the San Rafael Municipal Code is hereby amended to add a new entry
entitled "Tobacco Retailer, Significant" under "Retail" in Table 14.05.020 as follows:
Type of Land
Use
Tobacco
Retailer,
Significant
GC NC O C/O R/O FBWC Additional Use Regulations
C C C Shall not be located within 1,000 feet from:
schools (public and private elementary,
junior high, and high schools), public
parks, public libraries, arcades, youth/teen
centers, community/recreation centers,
licensed daycare centers for children,
shopping malls, and houses of worship
with organized youth programs, as
measured from the property lines of each
parcel.
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DIVISION 4:
Section 14.05.022 of the San Rafael Municipal Code is hereby amended to add a new entry
entitled "Tobacco Retailer, Significant" under "Retail' in Table 14.05.022 as follows:
Type of 4SRC HO
Land Use
Tobacco C(28)
Retailer,
Significant
CSMU 2/3 MUE 2/3
MUW
C(28) C(28)
WEV 5/M R/O
(28) Shall not be located within 1,000 feet from: schools (public and private elementary, junior high, and
high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers,
licensed daycare centers for children, shopping malls, and houses of worship with organized youth
programs, as measured from the property lines of each parcel.
DIVISION 5:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The
Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
DIVISION 6:
This Ordinance shall be published once in full before its final passage in a newspaper of general
circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty
(30) days after its final passage.
MA�V
ALXERT J. ] IRO, Mayor
001036
M. LEONCINI, City Clerk
The foregoing Ordinance No. 1797 was read and introduced at a Regular Meeting of the City Council of
the City of San Rafael, held on the 3`d day of February, 2003 and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council
to be held on the 18'' day of February, 2003.
J�Ai NF. M. LEONC , CityClerk