No preview available
HomeMy WebLinkAboutItem 1 of AJC 9 ALtr �� � ~ � ^ 1 � C Au�u.t S.IYI■i � £,.r. ° '` e STAFF REPORT halnic ottr� Development Services Department DATE: May 27, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrate SUBJECT: CONTINUED PUBLIC HEARING — TEXT AMENDMENT NO. TA 14-01 WITH AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND THE ARCADIA MUNICIPAL CODE TO DEFINE AND REGULATE THE USE OF ELECTRONIC SMOKING DEVICES AND SMOKING LOUNGES, TO AMEND THE CONDITIONAL USE PERMIT REQUIREMENT FOR BUSINESSES THAT ARE OPEN DURING LATE NIGHT HOURS, AND ADD FLOOR AREA RATIOS TO THE COMMERCIAL AND INDUSTRIAL ZONES. Recommended Action: Recommend to City Council a finding of exemption from CEQA, approval of amendments to define and regulate electronic smoking devices and smoking lounges with grandfathering of existing establishments; that CUP requirements for late-night hours not be amended; and that floor area ratios be added to the commercial and industrial zones. SUMMARY At its April 22, 2014 regular meeting, the Arcadia Planning Commission opened a public hearing on proposed Text Amendment No. TA 14-01 to amend regulations in the Arcadia Municipal Code regarding smoking and electronic cigarettes, smoking lounges, the Conditional Use Permit requirements for businesses open late at night, and to add floor area ratios to the commercial and industrial zones. The City Attorney had recommended revisions to the proposed smoking amendments, and requested additional information regarding retroactive application of the amendments, and a number of questions were raised by the Commission. Several attendees addressed the Commission in regards to the smoking lounges. Commissioner Baerg submitted a recent Pasadena Star News article on e-cigarette vapor, and an e-mail exchange with staff regarding the lack of information on the health aspects of e-cigarettes/vaping. In order to have staff gather the information requested by the City Attorney and respond to the Commission's questions, the public hearing was continued to the May 13, 2014 meeting. However, staff was not able to compile all the information necessary, and the public hearing was further continued to the May 27, 2014 meeting. Attached are the April 22, 2014 staff report with the original attachments, and the May 13, 2014 staff report with additional attachments that include the City Attorney's revisions to the proposed smoking regulation amendments, a list of Smoke Shops & E-Cigarettes regulations of other cities, the recent Pasadena Star News article on e- cigarette vapor from Commissioner Baerg, the e-mail exchange between staff and Commissioner Baerg, and the e-mails in support of the existing cigar shop/lounge at 26 N. First Avenue. Staff consulted, with the City Attorney regarding the questions posed by the Commission, and in regards to the retroactive application of the potential regulations. The discussion with the City Attorney resulted in a need to gather additional information on existing businesses. There are six shops in the City that specialize in the sale of tobacco and electronic cigarette products. After reviewing the information compiled for these existing shops, it is being recommended that the new smoking lounge regulations not be applied retroactively. But, it is recommended that the other smoking-related amendments be approved. It had been a concern that there would be a proliferation of massage businesses that are exempt from the City's regulations due to State legislation. But, of the 32 -. businesses in the City that currently offer massage, only eight are exempted from the City's regulations. And, there is legislation pending that should restore local regulation in 2015 for all massage businesses. Based on this, it is recommended that the text amendment to require CUPs for businesses open between 10:00 p.m. and 12:00 midnight not go forward. The City's General Plan established a 50% Floor Area Ratio (FAR) limitation for the Commercial and Industrial Land Use Designations. However, these limitations are not in the Zoning Code, which causes some confusion. The proposed text amendments will add the 50% FAR provision to the commercial and industrial zones to be consistent with the General Plan. It is being recommended that these amendments be approved. DISCUSSION Electronic Cigarettes, Vaping, and Smoking Lounges The proposed smoking/vaping text amendments affect two Articles of the Arcadia Municipal Code: Article IV - Public Welfare, Morals and Policy, and Article IX - Division and Use of Land. There are two Sections in Article IV that address smoking. Section 4290, which prohibits smoking in specified locations and was added to the Arcadia Municipal Code in 1975, and Section 4290.1, which prohibits Text Amendment No. TA 14-01 May 27, 2014 Page 2 of 12 the use of tobacco products at City parks, recreation areas and entertainment events, and was added in 2012. Article IV Amendments The proposed amendments to Article IV (Public Welfare, Morals and Policy) are to include electronic cigarettes and vaping in the City's smoking prohibition, and to extend the prohibition to outdoor dining areas, and within 20 feet of business entrances. The City's General Plan includes a goal to promote healthy lifestyles. While the health impacts from the vapor produced from electronic cigarettes have not been definitively determined, restricting the use of these products in the same manner as traditional tobacco products appears to be consistent with this General Plan goal. Amendments are also proposed to prohibit smoking in accordance with State and Federal laws, but at County properties and facilities the County's smoking/non-smoking regulations will apply. Proposed new language is italicized and underlined, proposed deletions are shown with £trikethroughs, and the City Attorney's revisions are highlighted in gray: 4290. SMOKING PROHIBITED. It shall be unlawful for any person to hold, carry, possess, smoke, vape, burn, inhale, and/or exhale any kind of lighted or actuated pipe, cigar, cigarette, hookah, joint, or any other lighted smoking equipment, including the use of any electronic cigarette, or other similar devices 'e • , '= • - - -- • • -- • - -, - • - -, smoke producing substance within: 1. Those portions of any building, structure or other enclosed facility open to the general public for the primary purpose of exhibiting any motion picture, stage production, musical recital or similar performance exclusive of sports events, other than in an area which serves as a lobby; 2. Any room, chamber, place of meeting or public assembly wherein public business is being conducted and which is open to members of the general public either as participants or as spectators, except that the prohibition contained in this subparagraph shall not apply within a contiguous area containing fifty percent (50%) or less of the room, chamber, or place of meeting or public assembly, if the entity having management and control of the premises has designated and identified such area as a Smoking Permitted Area by appropriate signs, provided that no division of that area of such room, chamber, place of meeting or public assembly set aside for use by the general public shall be made on a front area versus rear area basis. 3. Any elevator - - •e •-* - •• -•*- - • - _ --- • • -- - - - -- - -- . 4. Any outdoor dining area available for use by the public, and within 20 feet of any such outdoor dining area and/or any business entrance. Text Amendment No. TA 14-01 May 27, 2014 Page 3 of 12 5. Any place where smoking is prohibited by any County, State or Federal law. 4290.1. TOBACCO AND SIMILAR PRODUCTS AT CITY PARKS, RECREATION AREAS AND ENTERTAINMENT EVENTS PROHIBITED. A. It shall be unlawful for any person to use any form of tobacco products, at any time, in or upon any City park property or recreation area. Prohibited products include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes. Exceptions shall be made for the use or possession of prescription nicotine products. B. Tobacco or similar products are prohibited during the performance or conduct of any City conducted or sponsored events at the parks and recreation areas, including but not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs, or training in any such location. Notwithstanding the foregoing, the Director of Recreation and Community Services is authorized to designate restricted areas within which the products containing tobacco or nicotine described in subsection A may be used at such a City conducted or sponsored event. C. During the period that the Arcadia Par 3 Golf Course is owned by the City of Arcadia, it shall be exempt from the prohibition against the use of products containing tobacco or nicotine. The Planning Commission raised the following questions about the proposed amendments to Article IV: • What prompted these text amendments, and should vaping be included with the definition of smoking, or should it be addressed separately? The City's General Plan addresses Community Health in the Parks, Recreation, and Community Resources Element. Staff feels that vaping should be included in the prohibition of smoking at City parks, recreation areas and entertainment events; outdoor dining areas; and near the entrances to businesses. There are six shops in the City that specialize in the sale of tobacco and tobacco-related products. Two of these shops are operating as smoking lounges, and there have been inquiries about opening smoking lounges. It has been brought to the attention of staff that many of the outdoor dining areas are also de facto smoking lounges. And, rather than draft specific prohibitions for vaping, it is being included with smoking because vaping is a closely-related activity, and may have similar negative health effects. • Would this prohibit the mere possession of an electronic cigarette? Since electronic cigarettes are actuated by a switch, wouldn't it be very difficult to Text Amendment No. TA 14-01 May 27, 2014 Page 4 of 12 determine without close examination if such devices are actuated, and thus make enforcement very difficult? Possession of an electronic cigarette, or electronic smoking device is not being prohibited. Similarly, the possession of tobacco, a tobacco product, or a tobacco smoking device is not prohibited. It is more difficult to determine if an electronic smoking devise is actuated, whereas it is fairly easy to see if a tobacco product is lit. Nevertheless, if it can be determined that such a device is actuated, or is being used, that would be a violation. For clarification, "The use of" could be added to the beginning of Section 4290.1.B. • In subparagraph 1 of Section 4290, would a tented facility that is not enclosed on all sides be subject to the prohibition? If a facility is not enclosed, would smoking be permitted? It is not clear what was intended in 1975, or if this provision is superseded by State law. If the facility is, "not a place of employment," per State law, smoking is prohibited. If the tent is being used for a City function, smoking is prohibited by Section 4290.1. • What is meant by, 'public business' in subparagraph 2 of Section 4290? Is this provision limited to City business or City functions? It is unlikely that the City intended to regulate private businesses, and therefore, staff interprets this provision to apply to City activities. If the facility is, "a place of employment," per State law, smoking is prohibited, and with the proposed amendment, vaping would be prohibited at City activities. • Why in subparagraph 3 is the portion, ". . . designed principally for the accommodation of passengers." being struck out? Unless the elevator is not subject to the State Labor Laws, smoking is prohibited. It is very difficult to imagine a scenario where an elevator would qualify for an exemption from the State Labor Laws, and the deletion of this phrase will eliminate any potential misunderstanding. • Unlike State and Federal laws that also apply to cities, County laws generally do not; therefore, is it proposed that the City of Arcadia also be subject to any smoking/vaping laws that are adopted by the County of Los Angeles? No. The intention was that smoking/vaping not be allowed at County facilities in the City of Arcadia. But, this could be overreaching our jurisdiction, and the proposed amendment will not address this. "County" will be stricken from the amendment, and the County's regulations will apply at County facilities, and the City's regulations will not be applicable at County facilities, unless it is a City function. Text Amendment No. TA 14-01 May 27, 2014 Page 5 of 12 • With regard to the newspaper articles attached to the staff report; was there any specific information staff wanted the Commission to glean from them? Or, are they just to show that there's something going on in the City of Los Angeles? And, a related article in the Pasadena Star News dated March 26, 2014, was submitted as part of the record, and is attached. The headline of this article is, "E-cigarette Vapor Not Annoying to Most Americans National Study Finds." The articles were provided to show that electronic cigarettes and vaping are issues for other cities. It is recommended that the Planning Commission recommend to the City Council approval of the smoking prohibition amendments. Article IX Amendments Regarding Smoking and Smoking Lounges The retail sale of tobacco products such as cigars, cigarettes, and electronic cigarettes is allowed where a retail use is allowed. But, City regulations do not address the use of tobacco products, electronic cigarettes or similar devices within a retail shop. Any shop or business that has five or fewer employees may allow smoking in compliance with the State Labor Law (attached) but there are currently no State regulations on electronic smoking devices, electronic cigarettes, other similar devices, or vaping. Additionally, there have been inquiries regarding seating in tobacco shops and electronic cigarette or vape shops. In response, Planning Policy No. 49 was drafted to prohibit the on-site consumption of products, except for the incidental sampling of products while standing adjacent to a sales counter. This text amendment proposes to codify these restrictions. There have also been inquiries and attempts to open smoking, or hookah, vape, and cigar lounges, which are not addressed by the Zoning Code. The proposed amendments to Article IX (i.e., the Zoning Code) are to include electronic cigarettes and vaping in the definition of smoking, and to address smoking lounges. Smoking/vaping lounges are to be subject to Conditional Use Permits, and the parking requirement is to be the same as for bars and cocktail lounges. The proposed new language is italicized and underlined, and proposed deletions are shown with strikethroughs: 9220.24.0.1. ELECTRONIC SMOKING DEVICE OR ELECTRONIC CIGARETTE "Electronic smoking device" or "Electronic cigarette" means any electronically actuated device which in operation enables the user to inhale or exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. "Electronic smoking device" or "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. -" Text Amendment No. TA 14-01 May 27, 2014 Page 6 of 12 9220.53.4. SMOKE OR SMOKING "Smoke" or "smoking" means the holding, carrying, possessing, smoking, vaping, burning, inhaling and/or exhaling of any kind of lighted or actuated pipe, cigar, cigarette, hookah,joint, or any other lighted smoking equipment, including the use of any electronic smoking device, or other similar devices. 9220.53.5. SMOKING LOUNGES A smoking lounge is an establishment or location that provides and/or sells smoking products with any seating, and/or where onsite smoking is the primary activity, re.ardless of whether the smokin• •roducts are •rovided b the establishment: or are brought to the location by the patron. 9260.1.12. — USES SUBJECT TO CONDITIONAL USE PERMIT (18) Smoking Lounges 9264.2.9. USES SUBJECT TO A CONDITIONAL USE PERMIT 17. Smoking Lounges 9265.1. USES PERMITTED. Smoking Lounges C 9267.10. NON-RESIDENTIAL USES Smoking Lounges C 9268.10. NON-RESIDENTIAL USES Smoking Lounges C 9269.5. OFF-STREET PARKING REQUIREMENTS. Bars and Cocktail Lounges; Smoking 15 spaces per 1,000 sq. ft. of gross floor Lounges area 9275.1.54.1.1. Smoking Lounges. In zones CPD-1, C-1, C-2, CBD, C-M, DMU, and MU The Planning Commission raised the following questions about the proposed amendments to Article IX: • What prompted these text amendments, and should vaping be included with the definition of smoking, or should it be addressed separately? Text Amendment No. TA 14-01 May 27, 2014 Page 7 of 12 There are six shops in the City that specialize in the sale of tobacco and tobacco- related products. Two of these shops are operating as smoking lounges, and there have been inquiries about opening smoking lounges. Because the use is not addressed by the Zoning Code, staff's position is that the use is not allowed. Staff feels that the use, "Smoking lounges," needs to be defined if it is to be allowed and regulated, and distinguished from a retail shop. The proposed distinction is that a shop, ". . . with any seating, and/or where onsite smoking is the primary activity . . ." is a smoking lounge. And, rather than define vaping separately, it is being included with smoking because it is a closely-related activity. The two shops that are operating as smoking lounges were issued business licenses as retail shops, but seating was not prohibited. One of the six existing shops specializes in electronic cigarettes, and during the business licensing process, the applicant inquired about having seating in the shop. The applicant explained that the seating would be for the convenience of the customers that are having their electronic cigarettes assembled, and for sampling the various flavors. The inquiry ranged from stools at the counter, to sofas and easy chairs. Staff was concerned that this shop would become a smoking or vaping lounge, and this prompted the development of Policy No. 49, which limits on-site consumption to, ". . . the brief sampling of a small amount of a product while standing adjacent to a sales counter for the purposes of possible purchase and sale thereof." The Policy does not allow smoking lounges, and makes the activity at the two de facto lounges illegitimate. If smoking lounges are to be allowed, even by Conditional Use Permit, the two de facto lounges could then at least be legitimized as legal-nonconforming uses. • In preparing the language of the Text Amendment did any staff speak with any of the businessmen who are presently engaged in this occupation? Did they get a chance to look at the language or get any input into it? Staff did not consult with any of the operators of the existing businesses prior to drafting the text amendment. They were, however, given the staff report and proposed text amendment prior to the public hearing that was opened at the Commission's April 22, 2014 meeting. • The definition of electronic smoking device or electronic cigarette includes in the definition that it is a device that causes smoke to be generated. Is that factually correct? Are there any electronic cigarette devices that actually release smoke or do they just release water vapor? That is probably not correct. Electronic cigarettes do not burn anything. The liquid that contains nicotine and flavoring is heated so that it is vaporized and can be inhaled, and what is exhaled is also vaporized liquid that may, or may not contain nicotine or other chemicals. However, staffs research into this question _. Text Amendment No. TA 14-01 May 27, 2014 Page 8 of 12 is far from exhaustive, and there may be other types of devices that might electronically burn tobacco and other products. • Under smoke and smoking, the definition seems to compare the airborne particulates and gasses generated from the combustion of tobacco with the water vapor that gets released by electronic cigarettes, and it seems that the water vapor product of these electronic cigarettes could be defined separately because smoke and smoking is not necessarily the same as vapor and vaping. Smoking uses combustion that creates gas particulates, and it seems that vaping is limited to water vapor that dissipates pretty quickly. Was any consideration given to separately defining water vapor from smoke? A separate definition was not considered for the vapor released by electronic cigarettes. If electronic cigarettes and other similar devices are limited to releasing harmless water vapor, it would not need to be defined. The proposed amendments are intended to include it with smoking so that it would be regulated in the same manner. This position is based on concerns that all vapors from all of the various types of electronic cigarettes and other similar devices are not harmless, and an understanding that the State's smoking regulations do not apply to vaping. • Is the term smoking lounge intended to include a lounge where e-cigarettes are used because the terms e-cigarette or electronic cigarette do not seem to be included in the smoking lounge definition? And, in the smoke or smoking definition the terms seem to be verbs, but for smoking lounge, the word 'smoking' is an adjective, and this might need to be clarified. Yes, e-cigarettes and electronic cigarettes are intended to be included, and this is being done by including in the definition of smoke or smoking, ". . . the use of any electronic smoking device, or other similar devices." There could, however, be some confusion with regard to smoking lounges, and the phrase, "as defined in this Chapter," could be added: ". . . where onsite smoking as defined in this Chapter is the primary activity . . ." • For the off-street parking requirement of 15 spaces per 1,000 square feet of gross floor area — how was that determined to be sufficient or acceptable? Was a separate study done on other smoking lounge uses? Is there a typical number of customers, or is it proposed this way just because it is similar to a bar or cocktail lounge? A study was not conducted. It is based on being similar to a bar or cocktail lounge. If smoking lounges are to be allowed, it is being recommended that it be by Conditional Use Permit, and the particular parking needs of a proposal would be evaluated based on occupancy capacity, and other incidental activities that might be included, such as live entertainment, big-screen televisions, and food and/or beverage service. Text Amendment No. TA 14-01 May 27, 2014 Page 9 of 12 • Attached to the April 22, 2014 staff report is a copy of the State Labor Law that is _ contained within the Labor Code, and there seems to be some inconsistency. It reads that if there is an employee in an area where there is smoking taking place that that would be prohibited. So how does that work if someone has a tobacco shop and they have an employee who is selling tobacco products? Does the State law prohibit any smoking? Would there be some inconsistency between the State Labor Law and our Municipal Code? Subparagraph (d)(4) excludes retail or wholesale tobacco shops and private smokers' lounges, and subparagraph (d)(14) excludes employers with five or fewer employees with provisions regarding minors, consent to smoking, the direct exhausting to the outside, and the Occupational Safety and Health Standards for ventilation. If smoking lounges are to be allowed by CUP, these provisions could be imposed, and compliance verified. It is recommended that the Planning Commission recommend approval of the new smoking definitions and the requirement for a Conditional Use Permit for smoking lounges, but that the CUP requirement not be applied retroactively. Article IX Amendments Regarding Late Night Business Hours In the commercial zones, retail uses are currently required to obtain a Conditional Use Permit (CUP) if they operate between midnight and 6:00 a.m., and/or more than 16 hours a day, and are within 150 feet of residentially-zoned property. The hours from 10:00 p.m. to 12:00 midnight are not included in the CUP requirement. To promote the public health, safety, and welfare, the CUP requirement for all businesses selling goods and/or services on a walk-in basis during late night hours was proposed to be expanded to include the time between 10:00 p.m. and 12:00 midnight. The text amendment would have provided the City the opportunity to review more late night businesses through the CUP process; in particular, massage businesses that are exempted from the City's massage regulations if they employee only State-certified massage therapists. It had been a concern that there was the potential that such massage businesses would proliferate in the City, as has been the case in other cities. But, of the 32 businesses in the City that currently offer massage, only eight are employing State-certified massage therapists, and are therefore, not subject to the City's regulations. And, there is legislation pending that should restore local regulation in 2015. Based on this, it is recommended that the text amendments to require CUPs for businesses open between 10:00 p.m. and 12:00 midnight not go forward. Article IX Amendments Regarding Floor Area Ratios The City's General Plan established a 50% Floor Area Ratio (FAR) limitation for the Commercial and Industrial Land Use Designations. However, these limitations are not in the zoning regulations, which is a cause of some confusion. The proposed text amendments will add the 50% FAR provision to be consistent with the General Text Amendment No. TA 14-01 May 27, 2014 Page 10 of 12 Plan. The Downtown Mixed Use (DMU) and Mixed Use (M-U) zones have a 1.0 FAR that is already stated in those zoning regulations. Additionally, there is a Downtown Overlay that increases the FAR to 1.0 for the Downtown properties. The proposed new language is italicized and underlined, and proposed deletions are shown with s tr-ik« g-h-s: 9260.2.0. FLOOR AREA RATIO. (CPD-1) Building gross floor area shall not exceed fifty percent (50%) of the total lot area. 9261.2.0. FLOOR AREA RATIO. (0-0) Building gross floor area shall not exceed fifty percent (50%) of the total lot area. 9262.2.0. FLOOR AREA RATIO. (C-1) Building gross floor area shall not exceed fifty percent (50%) of the total lot area. 9263.2.5. FLOOR AREA RATIO REQUIREMENTS. (C-2) There shall be no area requirements. Building gross floor area shall not exceed fifty percent (50%) of the total lot area. 9264.3.0. FLOOR AREA RATIO. (CBD) Building gross floor area shall not exceed fifty percent (50%) of the total lot area. 9265.2.0. FLOOR AREA RATIO. (C-M) Building gross floor area shall not exceed fifty percent (50%) of the total lot area. 9266.2.4. LOT COVERAGE FLOOR AREA RATIO. (M-1) Building coverage gross floor area shall not exceed sixty fifty percent (6050%) of the total lot area. It is recommended that the Planning Commission recommend that the 50% FAR provisions be added to the commercial and industrial zones to be consistent with the General Plan. ENVIRONMENTAL ANALYSIS The proposed text amendments are exempt from further environmental review because they do not qualify as a project for the purposes of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines because there is no potential for the text amendments to have a significant effect on the environment. A Preliminary Exemption Assessment is attached. It is recommended that the Planning Commission recommend to the City Council that these text amendments are exempt from CEQA. Text Amendment No. TA 14-01 May 27, 2014 Page 11 of 12 PUBLIC NOTICE/COMMENTS The Public Hearing Notice for Text Amendment No. TA 14-01 was published in the Arcadia Weekly on April 10, 2014. Because the public hearing was continued to regular meetings of the Planning Commission, the hearing did not need to be re- noticed. The six tobacco/vape-related businesses were notified of this continued public hearing, and a copy of this staff report was sent to those businesses. RECOMMENDATION Text Amendment No. TA. 14-01 as proposed will address the inadequacies of the smoking regulations, and bring the zoning regulations into consistency with the floor area ratio provisions in the General Plan. The Development Services Department recommends approval of Text Amendment No. TA 14-01. PLANNING COMMISSION ACTION The Planning Commission should direct staff to convey the Commission's recommendations and comments to the City Council for consideration at a public hearing. If any Planning Commissioner or other interested party has any questions regarding this matter prior to the May 27, 2014 meeting, please contact Jim Kasama at (626) 574-5442, or jkasama @ArcadiaCA.gov. Attachments April 22, 2014 Staff Report with original attachments: Exhibit "A" — Proposed Smoking Regulation Amendments Exhibit "B" — Proposed Floor Area Ratio Amendments Exhibit "C" — Proposed Late-Night Business Amendments California State Labor Code regarding Smoking in the Workplace Articles on City of Los Angeles Restrictions Planning Policy No. 49 regarding e-cigarettes and smoke shops Preliminary CEQA Exemption Assessment May 13, 2014 Staff Report with additional attachments Revised Exhibit "A" List of Cities regulating Smoke Shops & E-Cigarettes Pasadena Star News article E-mail between Commissioner Baerg and staff E-mails in support of Robusto Cigars — 26 N. First Ave. Text Amendment No. TA 14-01 May 27, 2014 Page 12 of 12 of Ape, Auwuit S.IVV3 ' Co � ew,, �al�nicy oit;°, STAFF REPORT Development Services Department DATE: April 22, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: TEXT AMENDMENT NO. TA 14-01 WITH AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND THE ARCADIA MUNICIPAL CODE TO DEFINE AND REGULATE THE USE OF ELECTRONIC SMOKING DEVICES AND SMOKING LOUNGES, TO AMEND THE CONDITIONAL USE PERMIT REQUIREMENT FOR RETAIL USES AND BUSINESSES THAT OPERATE ON A WALK-IN BASIS DURING THE LATE NIGHT HOURS, AND ADD FLOOR AREA RATIOS TO THE COMMERCIAL AND INDUSTRIAL ZONES. Recommended Action: Find that this project is exempt from CEQA, and forward a recommendation to the City Council SUMMARY The Development Services Department is proposing Text Amendment No. TA 14-01 to define and regulate the use of electronic smoking devices and smoking lounges, to add floor area ratios (FARs) to the commercial and industrial zones, and amend the Conditional Use Permit (CUP) requirement for retail uses and businesses that operate on a walk-in basis during the late night hours. The use and sale of electronic smoking devices or vaping and e-cigarettes is a growing business. But, the health impacts of these devices and vapors are unknown. And, as of yet, there are no State or federal regulations in place that directly address the use and sale of these products. In addition, smoking lounges for both regular tobacco-related products and electronic smoking devices or vaping have become a trend; but as a land use, is not addressed by the Arcadia Municipal Code. Therefore, in the interest of promoting and protecting the community's health, safety and general welfare, the Development Services Department is proposing regulations to restrict the use of these products in a manner similar to the restrictions on smoking and tobacco products. The General Plan Update that was adopted in 2010 established Floor Area Ratios (FARs) for the areas designated for commercial and industrial uses, but these limits were not incorporated into the zoning regulations. They are now proposed to be added to the commercial and industrial zones to be consistent with the City's General Plan. In a further effort to promote public health, safety, and welfare, the Conditional Use Permit (CUP) requirement for businesses operating on a walk-in basis during the late night hours are proposed to be extended to apply to the hours between 10:00 p.m. and 6:00 a.m. This will offer the City an opportunity to review each late night retail and business operation that is open to the public through a public hearing for a CUP. The Development Services Department is recommending approval of the proposed text amendments as set forth in the attached Exhibits "A," "B," and "C" of this staff report. DISCUSSION The proposed text amendments affect two Articles of the Arcadia Municipal Code: Article IV — Public Welfare, Morals and Policy, and Article IX — Division and Use of Land. The proposed text amendments are as follows: a. Amending the Smoking Prohibited regulations in Section 4290. b. Adding new definitions on smoking, smoking lounges, and the use of electronic cigarettes and similar devices in Section 9220 et seq. c. Amending the Conditional Use Permit requirement to allow Smoking Lounges in Section 9275.1 et seq. d. Amending the Parking Requirements to include Smoking Lounges in Sections 9265.1 and 9269.5. e. Amending the Conditional Use Permit requirement in the Commercial Planned Development (CPD-1), Limited Commercial (C-1), General Commercial (C-2), and Commercial Manufacturing (CM) zones to restrict retail uses and businesses that operate on a walk-in basis between the hours of 10:00 p.m. and 6:00 a.m. in Article IX, Chapter 2, Part 6. f. Repealing the Lot Coverage limitation in Section 9266.2.4 of the Planned Industrial District (M-1) zone. g. Adding the Floor Area Ratio of 50% in the Commercial Planned Development (CPD-1), Commercial Office (C-O), Limited Commercial (C-1), General Commercial (C-2), Commercial Manufacturing (CM), and Planned Industrial District (M-1) zones in Article IX, Chapter 2, Part 6, for consistency with the General Plan. Text Amendment No. TA 14-01 April 22, 2014 Page 2 of 6 Under Article IV, Section 4290 is proposed to be expanded to have the "Smoking Prohibited" regulations include a wider variety of smoking devices, and to be consistent with the new zoning definitions and to include additional smoking restrictions in specified areas. Article IX is being amended to expand the Conditional Use Permit (CUP) requirement for late night hours for retail uses and businesses in the commercial zones, to provide new definitions and restrictions on smoking and electronic smoking devices, and to add the floor area ratios in the commercial and industrial zones. The proposed wording of the text amendments are shown on the attached Exhibits "A," "B," and "C." The proposed new language is Italicized and underlined, and the proposed deletions are shown with "strikethroughs-" Electronic Smoking Devices / Smoking Lounges The retail sale of tobacco products such as cigars, cigarettes, and electronic cigarettes is allowed where ever a retail use is allowed. But, City regulations do not address the use of tobacco products, electronic cigarettes or similar devices within a retail shop. Any shop or business that allows smoking is required to comply with the State Labor Law on smoking in the workplace (California State Labor Code Section 6404.5 is attached) but there are currently no State regulations on electronic smoking devices/electronic cigarettes, other similar devices, or vaping. In the absence of State regulations, many cities are beginning to impose regulations to restrict the use of electronic smoking devices, at least in the manner of traditional -. cigarettes or other tobacco products. Attached are articles on the restrictions recently adopted by the City of Los Angeles. The City of Arcadia has prohibited smoking in public buildings, places of public assembly, and elevators since 1975. A prohibition of the use of tobacco products, including electronic cigarettes at City parks, recreation areas and entertainment events was adopted on June 19, 2012. These restrictions in Article IV of the Arcadia Municipal Code are proposed to be expanded to include a wider variety of smoking devices and to be consistent with the new zoning definitions, and to include additional smoking restrictions in specified areas. Within the past year, there have been a number of inquiries regarding seating in electronic cigarette or vape shops. In response, the attached Planning Policy No. 49 was drafted to prohibit the on-site consumption of products, except for the incidental sampling of products while standing adjacent to a sales counter. This text amendment proposes to codify these restrictions. Additionally, there have been inquiries and attempts to open smoking, or hookah, vape, and cigar lounges. This use is not addressed by the Zoning Code. The proposed text amendment defines smoking, smoking lounges, vaping, and electronic smoking devices or electronic cigarettes; and makes smoking, hookah, and/or vaping lounges subject to a Conditional Use Permit. The City's General Plan includes a goal to promote healthy lifestyles. While the health impacts from the vapor produced from electronic cigarettes is still being Text Amendment No. TA 14-01 April 22, 2014 Page 3 of 6 debated, restricting the use of these products in the same manner as traditional tobacco products would help in achieving this goal. These text amendments will provide definitions for the following: "smoke or smoking," "electronic smoking device/electronic cigarette," and "smoking lounges." The amendments will allow retail sale of tobacco products, including electronic cigarettes in zones where retail shops are permitted, and allow by CUP smoking lounges, which are to be defined as establishments that provide and/or sell smoking products with any seating, and/or where on-site smoking is the primary activity, in the following zones: Commercial Planned Development-1 (CPD-1), Limited Commercial (C-1), General Commercial (C-2), Central Business District (CBD), Commercial-Manufacturing (C-M), Downtown Mixed Use (DMU), and Mixed Use (M-U). The only commercial zone in which smoking lounges will not be allowed is the Professional Office (C-O) zone. And, they will not be allowed at the Westfield Mall because their allowed use list can only be amended by a City Council resolution. There are seven tobacco/vape-related shops with business licenses in the City, and some of these provide seating. The text amendment proposes that the new regulations be applicable to these existing establishments. If they want to have seating, they will need to get approval of a CUP. If they remove all seating, then they will be in compliance with the proposed new regulations as retail shops. In addition, the general parking requirements are to be amended to include smoking lounges with the same parking requirement for bars and cocktail lounges, which is 15 spaces per 1,000 square feet of gross floor area. The text amendments are attached as Exhibit "A." Floor Area Ratios The City's General Plan established a 50% Floor Area Ratio (FAR) limitation for the Commercial and Industrial Land Use Designations. However, these limitations are not in the zoning regulations, which has caused some confusion. The proposed text amendments will add the 50% FAR provision to the following zones to be consistent with the General Plan: Commercial Planned Development-1 (CPD-1), Professional Office (C-O), Limited Commercial (C-1), General Commercial (C-2), Central Business District (CBD), Commercial-Manufacturing (C-M), and Planned Industrial District (M-1). The Downtown Mixed Use (DMU) and Mixed Use (M-U) zones have a 1.0 FAR that is already stated in those zoning regulations. Additionally, there is a Downtown Overlay that increases the FAR to 1.0 for the Downtown properties. The proposed text amendments are attached as Exhibit "B." Late Night Business Hours In the Commercial Planned Development (CPD-1), Limited Commercial (C-1), General Commercial (C-2), and Commercial-Manufacturing (CM) zones, retail uses are currently required to obtain a Conditional Use Permit (CUP) if they operate between midnight and 6:00 a.m., and/or more than 16 hours a day, and are within 150 feet of residentially-zoned property. The hours from 10:00 p.m. to midnight are Text Amendment No. TA 14-01 April 22, 2014 Page 4 of 6 not necessarily included in the CUP requirement, but were excluded for restaurants in the Downtown Mixed Use (DMU) and Mixed Use (MU) zones to provide an incentive for those businesses to locate in those zones. To promote the public health, safety, and welfare, the CUP requirement for retail businesses selling goods, services and/or products on a walk-in basis during the late night hours is proposed to be expanded to apply to any business that is open on a walk-in basis for any time between 10:00 p.m. and 6:00 a.m. at any location, except for restaurants in the DMU and MU zones. In those zones, restaurants may still be open until midnight without a CUP. This text amendment will provide the City the opportunity to review most late night business through the CUP process to ensure that the neighboring properties will not be adversely impacted. The proposed times of 10:00 p.m. to 6:00 a.m. are consistent with the City's noise ordinance, where the allowable noise level drops at 10:00 p.m. Many businesses such as restaurants, convenience stores, gas stations, etc., are already subject to CUPs and those generally include late night hours, but there are many, such as personal service businesses, day spas, tattoo and massage parlors, and smoke shops that could be open until midnight without a CUP. The text amendment proposes that the expanded CUP requirement for late night hours be applicable to existing businesses. If a business does not already have a CUP that includes being open past 10:00 p.m., then it will need to get approval of a CUP. If it is not to be open past 10:00 p.m., then it will be in compliance with the proposed late night regulations. The proposed text amendments are attached as Exhibit "C." ENVIRONMENTAL ANALYSIS The proposed text amendments are exempt from further environmental review because they do not qualify as a project for the purposes of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines because there is no potential for the text amendments to have a significant effect on the environment. A Preliminary Exemption Assessment is attached. PUBLIC NOTICE/COMMENTS The Public Hearing Notice for Text Amendment No. TA 14-01 was published in the Arcadia Weekly on April 10, 2014. As of April 17, 2014, no comments were received in response to the public hearing notice. There are seven tobacco/vape-related shops with business licenses in the City. A copy of the notice and this staff report has been sent to those business proprietors. RECOMMENDATION Text Amendment No. TA. 14-01 is proposed to address the inadequacies of the smoking regulations, provide control of late-night businesses, and bring the zoning Text Amendment No. TA 14-01 April 22, 2014 Page 5 of 6 regulations into consistency with the floor area ratio provisions in the General Plan. The Development Services Department recommends approval of Text Amendment No. TA 14-01. PLANNING COMMISSION ACTION The Planning Commission should direct staff to convey the Commission's recommendations and comments to the City Council for consideration at a public hearing. If any Planning Commissioner or other interested party has any questions regarding this matter prior to the April 22, 2014 meeting, please contact Associate Planner, Thomas Li by calling (626) 574-5447, or by email at tli(a�ci.arcadia.ca.us. Approved by: Jim Csama Co munity Development Administrator Attachments: Exhibit "A" — Proposed Smoking Regulation Amendments Exhibit "B" — Proposed Floor Area Ratio Amendments Exhibit "C" — Proposed Late-Night Business Amendments California State Labor Code regarding Smoking in the Workplace Articles on City of Los Angeles Restrictions Planning Policy No. 49 regarding e-cigarettes and smoke shops Preliminary CEQA Exemption Assessment Text Amendment No. TA 14-01 April 22, 2014 Page 6 of 6 Text Amendment No. TA 14-01 — Exhibit "A" Electronic Smoking Device/Cigarette/Smoking/Smoking Lounges Proposed new language is italicized and underlined, and proposed deletions are shown with strikethrougho cmrvugrr.,,. ARTICLE IV 4290. SMOKING PROHIBITED. It shall be unlawful for any person to hold, carry, possess, smoke, vape, burn, inhale, and/or exhale any kind of lighted or actuated pipe, cigar, cigarette, hookah, joint, or any other lighted smoking equipment, including the use of any electronic cigarette, or other similar devices _ •_ • - _ _ - - • - - • - e, e "e - - within: 1. Those portions of any building, structure or other enclosed facility open to the general public for the primary purpose of exhibiting any motion picture, stage production, musical recital or similar performance exclusive of sports events, other than in an area which serves as a lobby; 2. Any room, chamber, place of meeting or public assembly wherein public business is being conducted and which is open to members of the general public either as participants or as spectators, except that the prohibition contained in this subparagraph shall not apply within a contiguous area containing fifty percent (50%) or less of the room, chamber, or place of meeting or public assembly, if the entity having management and control of the premises has designated and identified such area as a Smoking Permitted Area by appropriate signs, provided that no division of that area of such room, chamber, place of meeting or public assembly set aside for use by the general public shall be made on a front area versus rear area basis. 3. Any elevator _ --.e -_ e _ __ _ __ _ ___ _ _ __ _ •_ • e __ ""e " 4. Any outdoor dining area, and within 20 feet of an outdoor dining area and/or any business entrance. 5. Any place where smoking is prohibited by any County, State or Federal law. 4290.1. TOBACCO PRODUCTS AT CITY PARKS, RECREATION AREAS AND ENTERTAINMENT EVENTS PROHIBITED. A. It shall be unlawful for any person to use any form of tobacco products, at any time, in or upon any City park property or recreation area. Prohibited products include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes. Exceptions shall be made for the use or possession of prescription nicotine products. Text Amendment No. TA 14-01 — Exhibit "A" — Smoking Page 1 of 2 B. Tobacco products are prohibited during the performance or conduct of any City conducted or sponsored events at the parks and recreation areas, including but not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs, or training in any such location. Notwithstanding the foregoing, the Director of Recreation and Community Services is authorized to designate restricted areas within which the products containing tobacco or nicotine described in subsection A may be used at such a City conducted or sponsored event. C. During the period that the Arcadia Par 3 Golf Course is owned by the City of Arcadia, it shall be exempt from the prohibition against the use of products containing tobacco or nicotine. ARTICLE IX DEFINITIONS ELECTRONIC SMOKING DEVICE OR ELECTRONIC CIGARETTE "Electronic smoking device" or "Electronic cigarette" means any electronically actuated device which in operation enables the user to inhale or exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. "Electronic smoking device" or "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. SMOKE OR SMOKING "Smoke" or "smoking" means the holding, carrying, possessing, smoking, vaping, burning, inhaling and/or exhaling of any kind of lighted or actuated pipe, cigar, cigarette, hookah, joint, or any other lighted smoking equipment, including the use of any electronic smoking device, or other similar devices. SMOKING LOUNGES A smoking lounge is an establishment or location that provides and/or sells smoking products with any seating, and/or where onsite smoking is the primary activity, regardless of whether the smoking products are provided by the establishment, or are brought to the location by the patron. USES SUBJECT TO A CONDITIONAL USE PERMIT Smoking Lounges in the following zones: Commercial Planned Development-1 (CPD-1), Limited Commercial (C-1), General Commercial (C-2), Central Business District (CBD), Commercial-Manufacturing (C-M), Downtown Mixed Use (DMU), and Mixed Use (MU). OFF-STREET PARKING Bars and Cocktail Lounges; Smoking 15 spaces per 1,000 sq. ft. of gross floor Lounges area Text Amendment No. TA 14-01 — Exhibit "A" — Smoking Page 2 of 2 Text Amendment No. TA 14-01 — Exhibit "B" Floor Area Ratio Proposed new language is italicized and underlined, and proposed deletions are shown with CPD-1, C-O, C-1, CBD, and C-M zones: Building gross floor area shall not exceed fifty percent (50%) of the total lot area. C-2 zone: FLOOR AREA RATIO REQUIREMENTS . Building gross floor area shall not exceed fifty percent (50%) of the total lot area. M-1 zone: 9266.2.4. LOT-COVERAGE FLOOR AREA RATIO Building coverage gross floor area shall not exceed sixty fifty percent (6050%) of the total lot area. Text Amendment No. TA 14-01 — Exhibit "B" — FAR - - THIS PAGE INTENTIONALLY BLANK - - Text Amendment No. TA 14-01 - Exhibit "C" Expand CUP requirement for late night, walk-in business hours Proposed new language is italicized and underlined, and proposed deletions are shown with CPD-1 Zone: USES SUBJECT TO CONDITIONAL USE PERMIT Every -retail business selling goods, services and/or products on a walk-in basis •'_- ' --- - - _ - •- • -• - • _ • - _ e" e - . e which is open-te the public any time between :00 a.m.) 10:00 p.m. and 6:00 a.m., and C-1 Zone: USES PERMITTED A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off-premise consumption. A CUP shall be required for every business selling goods, services and/or products to the public on a walk-in basis wish is open more than sixteen (16) hours per day or which is open to the public any time between 10:00 p.m. and 6:00 a.m., _ _ e—_ -_ - _ e'" • . .e -- - -- - •• - - - • e•-- e -- -. C-2 Zone: RETAIL STORES A CUP shall be required for every business selling goods, services and/or products to the public on a walk-in basis which is open more than sixteen (16) hours per day-of-which is open to the public any time between n „R, h 2:Og a.m.) 10:00 p.m. and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zed-property. C-M Zone: USES PERMITTED A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off-premise consumption. A CUP shall be required for every business selling goods, services and/or products to the public on a walk-in basis wh-ish -”" = ' e- e- e - e which is open to the public any time - between 10:00 p.m. and 6:00 a.m., - _ _-_ "e - _ e'- hundred fifty (150) feet from residentially zoned property. Text Amendment No. TA 14-01 — Exhibit "C" CUP for late night business hours — Page 1 of 2 DMU Zone: .. NON-RESIDENTIAL USES Use Permit Requirement Retail Uses and businesses selling goods, P - if open between the hours of 6:00 a.m. services and/or products on a walk-in and 10:00 p.m., except until 12:00 basis, excepting restaurants midnight for restaurants C - if open anytime between the hours of 10:00 p.m. and 6:00 a.m., except for restaurants unless open anytime between the hours of 12:00 midnight and 6:00 a.m. MU Zone: NON-RESIDENTIAL USES Use Permit Requirement Retail Uses and businesses selling goods, P - if open between the hours of 6:00 a.m. services and/or products on a walk-in and 10:00 p.m., except until 12:00 - basis, excepting restaurants midnight for restaurants C - if open anytime between the hours of 10:00 p.m. and 6:00 a.m., except for restaurants unless open anytime between the hours of 12:00 midnight and 6:00 a.m. Conditional Uses: RETAIL BUSINESSES Retail Businesses selling goods, services and/or products to the public on a walk-in basis, - - - - -'• • - ' • - - 'e- e - e which are open to the Otis any time between midnight (12:00 a.m.) 10:00 p.m. and 6:00 a.m.;and-located - _ _ . •_ -- - - .1 -- e-- - - - • e--- - --" Text Amendment No. TA 14-01 — Exhibit "C" CUP for late night business hours — Page 2 of 2 California State Labor Law Smoking in the Workplace 6404. No employer shall occupy or maintain any place of employment that is not safe and healthful. 6404.5. (a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that any area not defined as a "place of employment" pursuant to subdivision (d) or in which the smoking of tobacco products is not regulated pursuant to subdivision (e) shall be subject to local regulation of smoking of tobacco products. (b) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. "Enclosed space" includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (d). (c) For purposes of this section, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not acted knowingly or intentionally in violation of this section if he or she has taken the following reasonable steps to prevent smoking by a nonemployee: (1) Posted clear and prominent signs, as follows: (A) Where smoking is prohibited throughout the building or structure, a sign stating "No smoking" shall be posted at each entrance to the building or structure. Page 1 of 7 California State Labor Law Smoking in the Workplace (B) Where smoking is permitted in designated areas of the building or structure, a sign stating "Smoking is prohibited except in designated areas" shall be posted at each entrance to the building or structure. (2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace. For purposes of this subdivision, "reasonable steps" does not include (A) the physical ejection of a nonemployee from the place of employment or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee. (d) For purposes of this section, "place of employment" does not include any of the following: (1) Sixty-five percent of the guestroom accommodations in a hotel, motel, or similar transient lodging establishment. (2) Areas of the lobby in a hotel, motel, or other similar transient lodging establishment designated for smoking by the establishment. An establishment may permit smoking in a designated lobby area that does not exceed 25 percent of the total floor area of the lobby or, if the total area of the lobby is 2,000 square feet or less, that does not exceed 50 percent of the total floor area of the lobby. For purposes of this paragraph, "lobby" means the common public area of an establishment in which registration and other similar or related transactions, or both, are conducted and in which the establishment's guests and members of the public typically congregate. (3) Meeting and banquet rooms in a hotel, motel, other transient lodging establishment similar to a hotel or motel, restaurant, or public convention center, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes. At times when smoking is not permitted in a meeting or banquet room pursuant to this paragraph, the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area on other than a passing basis. (4) Retail or wholesale tobacco shops and private smokers' lounges. For purposes of this paragraph: (A) "Private smokers' lounge" means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. Page 2 of 7 California State Labor Law Smoking in the Workplace (B) "Retail or wholesale tobacco shop" means any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories. (5) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are present. (6) Warehouse facilities. For purposes of this paragraph, "warehouse facility" means a warehouse facility with more than 100,000 square feet of total floorspace, and 20 or fewer full-time employees working at the facility, but does not include any area within a facility that is utilized as office space. (7) Gaming clubs, in which smoking is permitted by subdivision (f). For purposes of this paragraph, "gaming club" means any gaming club, as defined in Section 19802 of the Business and Professions Code, or bingo facility, as defined in Section 326.5 of the Penal Code, that restricts access to minors under 18 years of age. (8) Bars and taverns, in which smoking is permitted by subdivision (f). For purposes of this paragraph, "bar" or "tavern" means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. "Bar or tavern" includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. However, when located within a building in conjunction with another use, including a restaurant, "bar" or "tavern" includes only those areas used primarily for the sale and service of alcoholic beverages. "Bar" or "tavern" does not include the dining areas of a restaurant, regardless of whether alcoholic beverages are served therein. (9) Theatrical production sites, if smoking is an integral part of the story in the theatrical production. (10) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. (11) Private residences, except for private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present. (12) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code. Page 3 of 7 California State Labor Law Smoking in the Workplace (13) Breakrooms designated by employers for smoking, provided that all of the following conditions are met: (A) Air from the smoking room shall be exhausted directly to the outside by an exhaust fan. Air from the smoking room shall not be recirculated to other parts of the building. (B) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the Occupational Safety and Health Standards Board or the federal Environmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the Occupational Safety and Health Standards Board shall be no less stringent than the standards adopted by the federal Environmental Protection Agency. (C) The smoking room shall be located in a nonwork area where no one, as part of his or her work responsibilities, is required to enter. For purposes of this subparagraph, "work responsibilities" does not include any custodial or maintenance work carried out in the breakroom when it is unoccupied. (D) There are sufficient nonsmoking breakrooms to accommodate nonsmokers. (14) Employers with a total of five or fewer employees, either full time or part time, may permit smoking where all of the following conditions are met: (A) The smoking area is not accessible to minors. (B) All employees who enter the smoking area consent to permit smoking. No one, as part of his or her work responsibilities, shall be required to work in an area where smoking is permitted. An employer who is determined by the division to have used coercion to obtain consent or who has required an employee to work in the smoking area shall be subject to the penalty provisions of Section 6427. (C) Air from the smoking area shall be exhausted directly to the outside by an exhaust fan. Air from the smoking area shall not be recirculated to other parts of the building. (D) The employer shall comply with any ventilation standard or other — standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the Page 4 of 7 California State Labor Law Smoking in the Workplace Occupational Safety and Health Standards Board or the federal Environmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the Occupational Safety and Health Standards Board shall be no less stringent than the standards adopted by the federal Environmental Protection Agency. This paragraph shall not be construed to (i) supersede or render inapplicable any condition or limitation on smoking areas made applicable to specific types of business establishments by any other paragraph of this subdivision or (ii) apply in lieu of any otherwise applicable paragraph of this subdivision that has become inoperative. (e) Paragraphs (13) and (14) of subdivision (d) shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers. (f) (1) Except as otherwise provided in this subdivision, smoking may be permitted in gaming clubs, as defined in paragraph (7) of subdivision (d), and in bars and taverns, as defined in paragraph (8) of subdivision (d), until the earlier of the following: (A) January 1, 1998. (B) The date of adoption of a regulation (i) by the Occupational Safety and Health Standards Board reducing the permissible employee exposure level to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees or (ii) by the federal Environmental Protection Agency establishing a standard for reduction of permissible exposure to environmental tobacco smoke to an exposure level that will prevent anything other than insignificantly harmful effects to exposed persons. (2) If a regulation specified in subparagraph (B) of paragraph (1) is adopted on or before January 1, 1998, smoking may thereafter be permitted in gaming clubs and in bars and taverns, subject to full compliance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failing to achieve compliance with, or conformity to, the regulation within this two-year period shall prohibit smoking in the gaming club, bar, or tavern until compliance or conformity is achieved. If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety and Health Page 5of7 California State Labor Law Smoking in the Workplace Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency. (3) If a regulation specified in subparagraph (B) of paragraph (1) is not adopted on or before January 1, 1998, the exemptions specified in paragraphs (7) and (8) of subdivision (d) shall become inoperative on and after January 1, 1998, until a regulation is adopted. Upon adoption of such a regulation on or after January 1, 1998, smoking may thereafter be permitted in gaming clubs and in bars and taverns, subject to full compliance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failing to achieve compliance with, or conformity to, the regulation within this two-year period shall prohibit smoking in the gaming club, bar, or tavern until compliance or conformity is achieved. If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety and Health Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency. (4) From January 1, 1997, to December 31, 1997, inclusive, smoking may be permitted in gaming clubs, as defined in paragraph (7) of subdivision (d), and in bars and taverns, as defined in paragraph (8) of subdivision (d), subject to both of the following conditions: (A) If practicable, the gaming club or bar or tavern shall establish a designated nonsmoking area. (B) If feasible, no employee shall be required, in the performance of ordinary work responsibilities, to enter any area in which smoking is permitted. (g) The smoking prohibition set forth in this section shall constitute a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and shall supersede and render unnecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment. Insofar as the smoking prohibition set forth in this section is applicable to all (100-percent) places of employment within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions. (h) Nothing in this section shall prohibit an employer from prohibiting smoking in an — enclosed place of employment for any reason. Page 6 of 7 California State Labor Law Smoking in the Workplace (i) The enactment of local regulation of smoking of tobacco products in enclosed places of employment by local governments shall be suspended only for as long as, and to the extent that, the (100-percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100-percent) smoking prohibition is no longer applicable to all enclosed places of employment in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, any area not defined as a "place of employment" or in which smoking is not regulated pursuant to subdivision (d) or (e), shall be subject to local regulation of smoking of tobacco products. (j) Any violation of the prohibition set forth in subdivision (b) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies, including, but not limited to, local health departments, as determined by the local governing body. (k) Notwithstanding Section 6309, the division shall not be required to respond to any complaint regarding the smoking of tobacco products in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (j) of a third violation of subdivision (b) within the previous year. (I) If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. a Page 7 of 7 - - THIS PAGE INTENTIONALLY BLANK - - Los Angeles Daily News Los Angeles City Council votes to regulate e-cigarettes as strictly as tobacco E ;k Orlov, Los Angeles Daily News Posted: 03/04/14, 6:21 AM PST I Updated: on 03/04/2014 Fighting back an effort to allow the use of e-cigarettes in bars, the Los Angeles City Council on Tuesday approved a measure extending a strict tobacco ban to the electronic devices because of chemicals linked to the product. Councilmen Mitch O'Farrell and Paul Koretz fought for the additional limits, arguing the effort was a continuation of the fight started 25 years ago to ban tobacco products in markets, workplaces, restaurants, bars and other public places. "We all know these e-cigarettes are being marketed to kids as a way to get them to take up smoking," Koretz said. "There is a huge issue with secondhand smoke and secondhand vapors. I believe the biggest impact of this will be on the workers in bars and restaurants, who have no way to get away from the smoke." The measure — which passed on a vote of 14-0, with Gil Cedillo absent — now goes to Mayor Eric Garcetti, who supports the proposal, aides said. It will take effect 30 days after he signs the law. Councilman Joe Buscaino had tried to have bars eliminated from the ordinance, "Without conclusive evidence that secondhand vapors present a health risk, we shouldn't be in such a hurry (to regulate) where and how adults can use a legal product," Buscaino said. "I believe this ordinance goes too for in restricting individual liberties. We should allow bar and restaurant owners to decide whether or not to allow this in thyr 4*". stablishment." The ordinance does exempt vapor lounges, similar to one the tobacco ordinance makes for smoke shops. Councilman Paul Krekorian, who said he has never smoked a cigarette in his life, spoke in support of Buscaino's proposal, saying the City Council did not have the expertise to enact such a measure. "I don't want to see a situation where every issue for toxic exposure and workplace safety comes before us," Krekorian said. "There are other agencies — Cal/OSHA, the FDA — that are suited for that. There is a well- developed body of evidence of the dangers of smoking, and I support that." Jeff Stier, a senior fellow at the National Center for Public Policy Research, also urged an exemption for bars. "The city should take precautions that these regulations are narrowly applied for a public-health goal that may do more harm than good," he said. "Now, when people go to a bar, they have to go outside to smoke. If you ban e-cigarettes, those people will have to go outside with the smokers. "Many of the people using e-cigarettes are former smokers — and what will happen is they are going to go back to smoking tobacco products. This just doesn't make sense." Dr. Jonathan Fielding, health director for Los Angeles County, disagreed and urged adoption of the complete ban. "In the past couple of years, we have seen a tremendous increase in the number of adults and young people using e-cigarettes," he said. "Now, it is a $1.5 billion-a-year industry, and because they are unregulated, the tobacco industry is glamorizing their use with celebrity spokespeople. That enhances the use of these cigarettes among the mosi.irnpressionable. "It ti,,.;atens to undermine decades of work by renormalizing tobacco." Several other speakers from the American Lung Association, the American Cancer Society and other health organizations also testified in favor of extending the ban. www.latimes.com By David Zahniser March 4, 2014, 1:07 p.m. The Los Angeles City Council on Tuesday approved sweeping new regulations that would treat e-cigarettes like conventional cigarettes, after one of the most personal debates to be heard on the council floor in years. On a 14-0 vote, lawmakers outlawed "vaping" -- the practice of inhaling the vapors produced by e-cigarettes-- in most work sites and many public places, including parks and certain beaches. Lawmakers voted to continue allowing e-cigarette use in so-called vaping lounges, where patrons can try the various e- juices that are loaded into the battery-powered devices. And they narrowly defeated a push by the e-cigarette industry to let the practice continue in 21-and-over establishments, such as bars and nightclubs. The debate saw lawmakers share their own experiences with tobacco and the hazards that come with it. Councilman Mitch O'Farrell,who pushed for the new restrictions, spoke of his unhappiness at breathing secondhand smoke during his days as a waiter in the early 1990s. Councilman Joe Buscaino spoke of a relative's decision to turn to e-cigarettes after years of smoking. And Council President Herb Wesson, in the most passionate speech of the day, described his decades-long addiction to cigarettes, a habit he told his colleagues would almost certainly kill him one day. Wesson said he began smoking because he wanted to be cool. "When you're 15,you want to be cool," he said. "And I will not support anything-- anything --that might attract one new smoker." The debate brought to light the strong views on each side of the e-cigarette debate. Backers of the battery-powered devices portray them as a godsend for those looking to quit conventional smoking. They also warned the research has not yet proven that second-hand emissions from e-cigarettes are harmful to others. Buscaino introduced an amendment to allow bars and nightclubs to be removed from the new regulations. But his measure received only six votes--two shy of the amount needed for passage. E-cigarettes "are not tobacco," he said. "And I don't think they should be regulated exactly the same way." Foes of e-cigarettes said they threaten to make smoking socially acceptable after years of public opinion campaigns to discourage the habit. Young people who get hooked on the nicotine in e-cigarettes may then turn to tobacco use, said Jonathan Fielding, director of the Los Angeles County Department of Public Health. "We don't want to risk e-cigarettes undermining a half-century of successful tobacco control," he said. http://www.latimes.com/local/lanow/la-me-In-los-angeles-ecigarettes-ban-20140304,0,4359853.story#ixzz2z9oc7goN California Cit Ne ,s.or March 6, 2014 blog Los Angeles City Council Passes Massive Restrictions on E-Cigarettes Fearing a variety of health and social consequences, the Los Angeles City Council voted unanimously Tuesday to impose a sweeping set of restrictions on e-cigarettes. If Mayor Eric Garcetti signs the measure, as expected, smokeless "vaping" devices will be banned anywhere traditional cigarettes are prohibited, including parks, beaches, and restaurants. An amendment excluding bars and nightclubs from the new rules was also defeated. City Council members expressed dual concerns surrounding the increasingly popular devices Tuesday. In addition to the potential health effects of secondhand exposure to e-cigarettes (a large unknown), members expressed fears that e-cigarettes could be a "gateway" to other forms of tobacco use. "When you're 15, you want to be cool," said Council Member Joe Buscaino. "And I will not support anything -- anything -- that might attract one new smoker." Opponents of the new restrictions, however, say the devices are actually helping people quit conventional smoking. As a result, some have called the rules a shortsighted disservice to public health. Unlike other major cities which have passed similar bans, e-cigarette use will still be permitted in vaping lounges and e-cigarette stores, as well as for filming purposes—a small consolation for the $80 billion-per-year industry. "Although we believe the final decision was made in the absence of credible science, it was a more reasonable and sensible approach than the original proposal," said e-cigarette maker, NJOY, in a written statement. E-cigarettes are not currently regulated by the U.S. Food and Drug Administration but are expected to be soon. - - THIS PAGE INTENTIONALLY BLANK - - - v`S.'pF9'''p/0,; CITY OF ARCADIA .-7.7~ PLANNING SERVICES "; --' POLICY NO. 49 SUBJECT: E-Cigarettes, Cigar & Tobacco Shops, Hookah & Vape Shops EFFECTIVE DATE: November 22, 2013 BACKGROUND: Sales of electronic & synthetic cigarettes, cigar & tobacco shops, and smoking-related paraphernalia shops (e.g., hookahs) have been allowed by-right as retail uses, and sampling of the merchandise has been allowed pursuant to City practice, so long as the store complies with State smoking laws. There are exemptions from the State's, "No Smoking" regulations for these types of stores. However, there have been sporadic complaints from other stores near such stores, that the smoke is not being fully contained and is a nuisance to customers and employees. In addition, the introduction of electronic and synthetic cigarettes has given rise to numerous inquiries that indicate a market for smoking lounges. Only cocktail lounges are expressly addressed by the Arcadia Municipal Code (i.e., allowed by CUP) and therefore, smoking or hookah lounges are not allowed, and this preclusion extends to vape shops. However, based on the inquiries that are being received by the City regarding the sales and use of electronic or synthetic cigarettes, it appears that there may be a desire is to establish lounges for the use of these new products. Such expansive use of tobacco and/or smoking devices at smoking and tobacco-related stores will only increase the impact of any detrimental effect or nuisance upon adjacent uses. Therefore, the following policy is established. POLICY: To be sure that a retail store selling cigars, cigarettes, tobacco, electronic or synthetic cigarettes, hookahs, pipes or other smoking paraphernalia, or any other smoking product, does not become a nuisance or de facto smoking lounge, the on-site use and/or consumption of such products is prohibited, except for the brief sampling of a small amount of a product while standing adjacent to a sales counter for the purposes of possible purchase and sale thereof. APPROVED BY: Jim Kasama, Community Development Administrator - - THIS PAGE INTENTIONALLY BLANK - - s A• 4 G0.1FOl(A./ , h CITY OF ARCADIA 111‘!"41:1';' 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) i. Name or description of project: Text Amendment No. TA 14-01 2. Project Location — Identify street Citywide address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other (Private) (1) Name I Ms. Ngoc Hien Thi Le (2) Address 12375 Felipe Street, El Monte, CA 91733 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: i i g. ® The project is otherwise 1 Section 15061(b)(3) of the CEQA Guidelines. exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: .► 4s■r L:---7 date: March 27, 2014 Staff: Thomas Li, Associate Planner Preliminary Exemption Assessment FORM "A" -r. - - THIS PAGE INTENTIONALLY BLANK - - OF ARC V~ _, PI14)/1-- . -- - i 7 lwroupn t.A .tc � - .LupY�t 5,IUU3 co �� s TAFF REPORT al°aicy of "tt' Development Services Department DATE: May 13, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrat SUBJECT: CONTINUED PUBLIC HEARING - TEXT AMENDMENT NO. TA 14-01 WITH AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND THE ARCADIA MUNICIPAL CODE TO DEFINE AND REGULATE THE USE OF ELECTRONIC SMOKING DEVICES AND SMOKING LOUNGES, TO AMEND THE CONDITIONAL USE PERMIT REQUIREMENT FOR RETAIL USES AND BUSINESSES THAT OPERATE ON A WALK-IN BASIS DURING THE LATE NIGHT HOURS, AND ADD FLOOR AREA RATIOS TO THE -- COMMERCIAL AND INDUSTRIAL ZONES. Recommended Action: Continue to May 27, 2014 At its April 22, 2014, regular meeting, the Arcadia Planning Commission opened a public hearing on proposed Text Amendment No. TA 14-01 to amend regulations in the Arcadia Municipal Code regarding smoking and electronic cigarettes, smoking lounges, floor-area-ratios in the commercial and industrial zones, and the Conditional Use Permit requirements for businesses open late at night. The April 22, 2014, staff report is attached, along with two pieces of additional information that were distributed at the meeting: revised language for Exhibit "A" on the text amendment for smoking prohibitions, and a list of Smoke Shop & E-Cigarette regulations of other cities. Several questions were raised by the Commission, and several attendees addressed the Commission; particularly in regards to the smoking lounges. Commissioner Baerg also submitted a recent Pasadena Star News article on e- cigarette vapor, and related an e-mail exchange with staff. These two items are attached. Also attached are a-mails that were received following the April 22, 2014 meeting in support of an existing cigar shop at 26 N. First Avenue and in opposition to any new regulations being applied to it retroactively. Staff has had a discussion with the City Attorney regarding the questions posed by the Commission, and in regards to the retroactivity/amortization of the potential regulations that would affect existing businesses that would become legal- nonconforming. The discussion with the City Attorney resulted in a need to gather additional information on existing businesses, and to prepare additional draft language for the text amendments. Staff has not been able to compile this information and prepare the new language in time for the City Attorney's review prior to the May 13, 2014 meeting. Therefore, it is recommended that the public hearing be continued to the May 27, 2014 meeting. PLANNING COMMISSION ACTION The Planning Commission should approve a motion to continue the public hearing on Text Amendment No. TA 14-01 to the May 27, 2014 meeting. If any Planning Commissioner or other interested party has any questions regarding this matter prior to the May 13, 2014 meeting, please contact Jim Kasama at (626) 574-5442, or jkasamaa,ci.arcadia.ca.us. Attachments: April 22, 2014 Staff Report Revised Exhibit "A" List of Cities regulating Smoke Shops & E-Cigarettes Pasadena Star News article E-mail between Commissioner Baerg and staff E-mails in support of Robusto Cigars — 26 N. First Ave. Text Amendment No. TA 14-01 May 13, 2014 Page 2 of 2 Text Amendment No. TA 14-01 — Exhibit "A" Electronic Smoking Device/Cigarette/Smoking/Smoking Lounges Proposed new language is italicized and underlined, and proposed deletions are shown with ARTICLE IV 4290. SMOKING PROHIBITED. It shall be unlawful for any person to hold, carry, possess, smoke, vape, burn, inhale, and/or exhale any kind of lighted or actuated pipe, cigar, cigarette, hookah, joint, or any other lighted smoking equipment, including the use of any electronic cigarette, or other similar devices •_ • _ - • _ _ • - within - - - , - - - - - - - _ - - _ _ - - - - - - -- - - - - - - 1. Those portions of any building, structure or other enclosed facility open to the general public for the primary purpose of exhibiting any motion picture, stage production, musical recital or similar performance exclusive of sports events, other than in an area which serves as a lobby; 2. Any room, chamber, place of meeting or public assembly wherein public business is being conducted and which is open to members of the general public either as participants or as spectators, except that the prohibition contained in this subparagraph shall not apply within a contiguous area containing fifty percent (50%) or less of the room, chamber, or place of meeting or public assembly, if the entity having management and control of the premises has designated and identified such area as a Smoking Permitted Area by appropriate signs, provided that no division of that area of such room, chamber, place of meeting or public assembly set aside for use by the general public shall be made on a front area versus rear area basis. 3. Any elevator e - •_ -_ e _ e_ _ __ ____ • - •_ e -- '"e ' 4. Any outdoor dining area available for use by the public and within 20 feet of any such outdoor dorm• area and/or an business entrance. 5. Any place where smoking is prohibited by any County, State or Federal law. 4290.1. TOBACCO AND SIMILAR PRODUCTS AT CITY PARKS, RECREATION AREAS AND ENTERTAINMENT EVENTS PROHIBITED. A. It shall be unlawful for any person to use any form of tobacco products, at any time, in or upon any City park property or recreation area. Prohibited products include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes. -~ Exceptions shall be made for the use or possession of prescription nicotine products. Text Amendment No. TA 14-01 — Exhibit "A"— Smoking Page 1 of 2 B. Tobacco or similar products are prohibited during the performance or conduct of any City conducted or sponsored events at the parks and recreation areas, - including but not limited to concerts, sports, entertainment, plays, ceremonies, carnivals, fairs, or training in any such location. Notwithstanding the foregoing, the Director of Recreation and Community Services is authorized to designate restricted areas within which the products containing tobacco or nicotine described in subsection A may be used at such a City conducted or sponsored event. C. During the period that the Arcadia Par 3 Golf Course is owned by the City of Arcadia, it shall be exempt from the prohibition against the use of products containing tobacco or nicotine. ARTICLE IX DEFINITIONS ELECTRONIC SMOKING DEVICE OR ELECTRONIC CIGARETTE "Electronic smoking device" or "Electronic cigarette" means any electronically actuated device which in operation enables the user to inhale or exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. "Electronic smoking device" or "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other — product name or descriptor. SMOKE OR SMOKING "Smoke" or "smoking" means the holding, carrying, possessing, smoking, vaping, burning, inhaling and/or exhaling of any kind of lighted or actuated pipe, cigar, cigarette, hookah, joint, or any other lighted smoking equipment, including the use of any electronic smoking device, or other similar devices. SMOKING LOUNGES A smoking lounge is an establishment or location that provides and/or sells smoking products with any seating, and/or where onsite smoking is the primary activity, regardless of whether the smoking products are provided by the establishment or are brought to the location by the patron. USES SUBJECT TO A CONDITIONAL USE PERMIT Smoking Lounges in the following zones: Commercial Planned Development-1 (CPD-1), Limited Commercial (C-1), General Commercial (C-2), Central Business District (CBD), Commercial-Manufacturing (C-M), Downtown Mixed Use (DMU), and Mixed Use (MU). OFF-STREET PARKING Bars and Cocktail Lounges; Smoking Lounges 15 spaces per 1,000 sq. ft. of gross floor area • Text Amendment No. TA 14-01 — Exhibit "A" — Smoking Page 2of2 Page 1 of 6 Smoke Shops & E-Cigarettes Responses Current regulation of Regulation of the sale Crafted regulations in tobacco/smoke shops. of e-cigarettes or vape relation to the new Permitted outright or trend of e-cigarettes or permitted with vape conditions or entitlements. ': rrJ ,F*,71-re.ifAk, JI r©Kvrr� IRnIM� 4IIF 9 Aye,Y}�-'. Artesia Treats as retail Treats as retail business -- businesses ' m tiw�m��a�il'c 7411:01 I, tii-(,=i;Writ-111011'4 Bellflower Permitted by right(any Permitted by right -- inclusion of lounges, however, requires conditional use permit) ,„'7,464,70a, .`, "'of of i ,I at; �ll'�ria+ i 1d'31 id 'x�al��lia�� �4A tffi E71( dafrit t,� a' n` I! .1 ocin7 X75 i..,1114 16),+ %ill �.9 rv'ni, 1:95(;1 Buellton City has banned these -- -- per' shops ro-t1u "1. 61aP:6 401,Y _i sldc$n 9rf°��"ui:�2c11 Ip' 1'101 ,,.,'„i LI-' Pals; it)hr l%01'41. 9,4��y Carson Smoke shops are Currently treat e- Council has expressed considered an cigarette retailers as concerns and city may automatically permitted smoke shops be doing a moratorium use soon Page 2 of 6 Current regulation of Regulation of the sale Crafted regulations in tobacco/smoke shops. of e-cigarettes or vape relation to the new Permitted outright or trend of e-cigarettes or permitted with vape conditions or ,.y���,,�� entitlements. � p`ft.t, !rd Yn`1 6�,is c'�d6 i'=�'e�ru a�Y7 F'"t, RbtrX•+AYe°'f Wle'f rer 1. ,-Tp G�;. ANpw+•,(}: eft 5.,7:...E°^fl�He�. �^• —And`,� N;dni�"e y�y�, pr fa�a Olfa)II I':R� fll l tV 1■14':lul• '6fel1f�I8� rfq [ 1 1 o 141;;41, 144 IIInl lnTcir ral^•�'Y�':.kj, dr."1.1 r 1f1r1 Ctl; k roell 1eli al r`l f01{{��wf++cfa�14 BT°P::��••'��+�a,1e11::•01lP k� Yrka,,d��rr xw.incFy'1 II A'r''1e'i k: A4'a ap;ultir rPhk'ill4r lil�3WIe,.,v,u �j BTm i:eol:il li0VtArAlr)tr:F`r v, Claremont Requires CUP for smoke E-cigarettes or vape are Intend to treat e- shops not currently described cigarettes the same as in the city's code smoke shops and require a CUP Ien' K rra x'9.lit t rr_fl ri *A 'S 71.x -4 of s, 'FS 4•1111144 '41 .fro-il`a:'`CVp e. : rvra1PirI oY B:f:. rPa1 ti'a_ e11.Qta Y i 70' 7nyv Fvaf11l:,tF1 iI � �1Ati,.f ai„� 1(a r aaYVGi zap 4 rr , 1e1 'K-4.411r,?r. • ir�o SCola{Yd E eY C�reYa�41`.14:e0 9Ye(_<'e ,'�rl(:fee +K. Ater.4i d:ilriVT;`rdu'ra'il _dfl +`ia4. t tvr.r T.'rn 1ik i o 1 r hi-1 ti L.4:`...Ipr '.•4r e1o�'diit Jf�al>.1\' 'c7��r� ".a i,Ysl 4raT•..reTu'9nFd 4..11 et raa`faneirci 'it :h :ii ra s arir 1,∎;. 407i1 / 5YcY 1rrc c Kii)c=07 NPrrewv vh-oYVr[?=ria "re`�°-A '-r.1=ara Dixon -- Nothing has been done -- yet,but would like to get a copy of results Page 3 of 6 Current regulation of Regulation of the sale Crafted regulations in tobacco/smoke shops. of e-cigarettes or vape relation to the new Permitted outright or trend of e-cigarettes or permitted with vape conditions or entitlements. eirrsTGre A r' rX r. a h �i r. '-�gaY aYo9=Y:vn i '¢rrf' f.1 �..'?I•.�•�"i.,.;el dfi, .ae vd;B�v- t: ireNrOn*Eikr .e`6i'„�iYY71Gp!�i;f"ed'n7c7=y"�«: . 01r4 Inn oc..44,:i,;➢k�= siYl"firP�li inn Y bis Vole: ^are .-fe1Y4,r4 444. >k.4∎14 nrs AKtiae7at 1Ii ro-3 YsY nT: Jr,fo it 1®Illr-181,91 BIiP! 'xi:worm rB"{B °:era)lv914 n'ila .. Glendora Tobacco/smoke shops Vape retailers are -- yy �.�y.,,. are permitted by right permitted by right b ' '/ ;Z-∎ cIm1 ry 0,f(t∎lo, F?Yr� ;pYrd'aad',? ` ° � ! Lido �/\r'id;...cT v-fir®�'elin(• sY i xfc'uFY:.K aW t�Y oyJ` or .i.4Brv:311a11: � nY Gi�,Y4�Ili oy;nr+x: vqr_ 1N41,--X ;Y441 114 vivo a Ya e Yes ,Y 1ielFr r ,' :YIP x"1"U, iro ir, vri;iaPUio rvaiEilr '9. rl iYuii i'R !oY`ti"',06e11,-T°f 61o`-r �f?n�nT:Ta'e�YOv<tiae !'(" ,A;Tel.1 du /alY]P««, - i � YB�Y.l,?wls;' r7nYol ;I' c1 I,i:1410 -111'.)Y!Li 1,1 rq 0, vA:Ifer r t;*:iii,gt + Pr a •40117r.a`®bir_7e: 4;4:1, rA44ic•-1;r v.r. v,viyi4; � ere-,i:4}X.(yYByr 'f • id ! nTo :6,1,0i-40(6s-0 ri 'rf Hawaiian Gardens Only require smoke No ordinance passed -- shops to have for e-cigs (only require retail/state licensing business license) Page 4 of 6 Current regulation of Regulation of the sale Crafted regulations in tobacco/smoke shops. of e-cigarettes or vape relation to the new Permitted outright or trend of e-cigarettes or permitted with vape conditions or entitlements. 461i1 irri4 n lr�rY ,.dnfa` '),L4 tid. Iii vBP le' Pit- Nlm7ba Ors,: I ,4710 ,4111 T=iuVnt_is i;1'm gmk`to 1.4 hit''idtirtM u' Lr 0'61'4 l�Yi i !et' 10741111 VA ere:rtIf4I hr-.4 btu 8 e 5�flt La Habra Heights Only has 2 properties City does not have the -- that have zoning to allow e- commercial/general cigarettes zone,the rest is rural residential.The city doesn't have the zoning to allow smoke shops of any kind. ' t !0 IIll'' 11 I '' .. rot"I-T,i+14aij la:?'n4I'd. C4''I.I`u 1. ';i"�'�� �-q ;, rEio:;..r vivr.71n:, etznie'P1: u: a=i Ukid7.l:1ar1,4; 3w �n PrinYck4 [rtriYPi� .110,n .4,;4 l `, 1 , It ri bninP;.".'q, �m irk n�mYel CixII 4 Y14�E IeF�.1'it Y101 1!=.71+ii$ '4r .-nT4,1 Lakewood Permitted as retail use No regulation yet, but -- by right concerned with "waiting areas" in vape shops which could j t gl i 5 � n�1 Htbf��Ti' ; eY.7rel'NI a,i �P+9 �a°e t �83ya Montclair Smoke shops allowed in Regulated the same -- the C2 and C3 zones way as smoke shops with a CUP, and are required to be at least 1000'from any public or private school and at least 1000'from each other Page 5 of 6 Current regulation of Regulation of the sale Crafted regulations in tobacco/smoke shops. of e-cigarettes or vape relation to the new Permitted outright or trend of e-cigarettes or permitted with vape conditions or entitlements fl a e Mg rilK rEf r ihke ji 11c5i Eft a7917r 4 rPdri uiUEP:-1. iF �'MFnI t r i,_HI"I"�: 0'11 Ai 4-rtVii San Rafael Smoke shops are Recently allowed e-cig When second e-cig regulated but is specific store that sold 100% store came in,city to tobacco sales. non tobacco e-cigs as a decided they needed to permitted retail use. request zoning determination,and describe their use,to confirm they had no tobacco sales-as the use is basically a smoke shop without tobacco or tobacco w � �. gip, 1 paraphernalia F 4 I SsEini fir hIi Santa Rosa Requires a minor CUP Determined that -- for new smoke shops; tobacco/smoke shop the use is conditionally definition includes e-cig allowed in most use, so e-cigs are commercial zoning regulated the same way districts as other tobacco/smoke shops e . � "i e•e eP 1eQr • $• x t�sxrxt 1 a• • � i1I( • . 1•1". e e 44.- n ee` 6e , VrU wt e ? S e {� 9 ! i il�`1 1/rfi roY�X'�.�'X�- T 1�1r/ n�«� �d "pYa�e�: /. � Ore 'iii rµlY'6`i�i `��?xar. =M'iL1 .;C F';-:i K�1 fl) al?eyef7Y weril(T II.!nf Y- `: or«46GG-c,;rnMITWe9i '�t�ya� ':�:6-�i n1��,t•:,iKd Sierra Madre Allowed under Considering requiring -- commercial zone CUP ordinance Page 6 of 6 Current regulation of Regulation of the sale Crafted regulations in tobacco/smoke shops. of e-cigarettes or vape relation to the new Permitted outright or trend of e-cigarettes or permitted with vape conditions or entitlements. �i Otto GYa ii::X` elw.,`4a4 0,Y �kdravt�Yd�d zrol 'ro '4'ii0TA rnai ;NIfi .iET41 u1iii° ■ire il�fX�'ei1:7'aY 'ref re - cl d/,hy ;4;ail el:.:YeYe! 1PeK., Vw ir:1 A Yi Whittier Permitted by right, Same as smoke shops -- allowed in C2 general commercial zone. No specific regulations on smoke shops. E-cigarette vapor not annoying to most Americans, national study finds Page 1 of 2 E-cigarette vapor not annoying to most Americans, national study finds By Zen Vuong, Pasadena Star-News Wednesday, March 26, 2014 PasadenaStarNews.com The Pasadena Star-News (http://www.pasadenastarnews.corn) E-cigarette vapor not annoying to most Americans, national study finds Scientists need more time to conduct studies, expert says >PASADENA i .. More cities have begun to regulate 4 _ electronic cigarettes in the same manner as traditional cigarettes even though a recent national survey found i ' that 63 percent of Americans said th ey don't mind being 't jt F ; near e-cig vapor. • i ; j; Mistic, a vapor products retail channel with about 40,000 q ,'4 � �' , ► . _ -� , stores, hired Harris Interactive, a market research firm, ' to survey 1,011 Americans ages 18 and over. "The fact is e-cigarettes don't possess any of the negative attributes commonly associated with traditional tobacco," said John Wiesehan Jr., CEO of smoke, only vapor, and they don't smell, they don't nvvadencl clothes or leave ash or tubs.s no" In a unanimous decision earlier this month, the Los Angeles City Council voted to ban the use of e-cigarettes — a battery-operated device that turns liquid into vapor—from restaurants, bars, nightclubs and other public spaces such as beaches and parks. In February the Manhattan Beach City Council unanimously voted to develop a smoking and vaping ban that covers all outdoor public areas as well as outdoor dining at private businesses. And in October, Alhambra said people who vape could face fines if they use them in city-owned or-operated public buildings and parks. As cities begin to place stringent rules on e-cigs, public opinion on the trend leans on the positive, according to Harris Interactive. A national survey found that 58 percent of respondents approved allowing e-cigs to be used at sporting events; 47 percent said it was OK to vape in malls and 45 percent said vaping at restaurants and bars should be allowed. Many e-cig proponents say the popular product helps people because it's a smoking cessation tool that is, they say, 99 percent less hazardous than smoking. http://www.pasadenastarnews.com/health/20140326/e-cigarette-vapor-not-annoying-to-mo... 4/22/2014 E-cigarette vapor not annoying to most Americans, national study finds Page 2 of 2 Julie Woessner, spokeswoman for the nonprofit Consumer Advocates for Smoke-free Alternatives Association, said she smoked for 30 years and unsuccessfully tried to quit nearly a dozen times before she found e-cigs. "It's really unfortunate that all these cities are rushing to regulate what can only be called a public health miracle," said Woessner, from Indiana. "Especially for the relatively new vapors or the people who are transitioning (from smoking to vaping), it's just not a good idea to force them to use their devices only where smokers are." About 2.5 million people use e-cigs in the U.S., and the vaporizer market was valued at $1.7 billion in 2013, according to Mistic. Dr. Jonathan Samet, director of the USC Institute for Global Health, is on the U.S. Food and Drug Administration's Tobacco Products Scientific Advisory Committee. He said the juices used in e-cigs are not regulated in any way. So some have levels of tobacco smoke carcinogens and other contaminants. "Allowing these devices to be used anywhere — in part with some of the advertising that goes on —would, in a sense, normalize nicotine addiction and perhaps even smoking," Samet said. "One of the ways we've made so much progress is that it's not acceptable to smoke in public places." Samet said there are very few studies about the dangers of e-cigs. In the last two years, he said, e-cigs have become omnipresent. The scientific community is trying to catch up, he said. "There have been two reasons to handle e-cigs the same as combustible products," Samet said. "People would be exposed to the nicotine in the air, so the vapor could settle on people. It could contaminate the air that they breathe. It could contaminate a chair, and they could touch it and nicotine can go through the skin." Unlike nicotine patches or gum, Samet said e-cigs can't be marketed to promote cessation because the FDA has not approved that therapeutic claim. Woessner, however, said she went from smoking nearly three packs a day to not smoking at all after three days of vaping. "My health improved markedly," she said. "I had a horrible smoker's cough. I couldn't take deep breaths without coughing or pain. It was also difficult for the family. I would be with my family and then I would have to absent myself." URL: http://www.pasadenastarnews.com/health/20140326/e-cigarette-vapor-not- annoying-to-most-americans-national-study-finds © 2014 The Pasadena Star-News (http://www.pasadenastarnews.com) http://www.pasadenastarnews.com/health/20140326/e-ci garette-vapor-not-annoy ing-to-mo... 4/22/2014 William Baerg From: Tom Li Tuesday, April 22, 2014 8:20 AM 'William Baerg' Cc: Anthony Parrille; edward.beranek @gmail.com; Sam Falzone; Jim Kasama; Lisa Flores; Ching K. Chiao, Esq.; Billie Tone Subject: RE: 4-22-14 Planning Commission Meeting Hi Bill, We are not aware of any definitive information as to the health hazards of e-cigs/vaping, and that is one of the main issues with e-cigs. Nobody knows for sure that they are harmful, or any more or less than regular cigarettes; whether the emitted vapor is any more or less harmful than regular second hand smoke. The FDA indicated that they have not received any such studies to consider the approval of these products. Thanks and please let me know if I could be of further assistance. Tom From: William Baerg [mailto:baerg(&mmlawyers.comJ Sent: Friday, April 18, 2014 12:07 PM To: Tom Li Cc: Anthony Parrille; edward.beranek(agmail.com; Sam Falzone; Jim Kasama; Lisa Flores; Ching K. Chiao, Esq.; Billie Tone Sject: RE: 4-22-14 Planning Commission Meeting h, .,somas: Regarding the proposed text amendments for the 4-22 meeting, are there any published peer review studies on the health effects of electronic cigarettes on users vs. non-users, and particularly what one might call "second-hand vapor"? I would like to have more information on this topic included in the staff report if that is possible. Thank you, WILLIAM R. BAERG MONTELEONE &MCCRORY, LLP 725 S. FIGUEROA ST., SUITE 3200 LOS ANGELES, CA 90017 (213) 61 2-9900 NOTICE: The information contained in this message is legally privileged and confidential and intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution or copy of this message is strictly prohibited. If you have received this message in error,please immediately notify us by telephone at(213)612-9900 and delete the message from your file retention system. Thank you. - - THIS PAGE INTENTIONALLY BLANK - -