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treated as legal non-conforming uses that could not expand nor re-locate to another site within
<br /> the buffer.
<br /> Also proposed are related amendments to Sections 9.24.020, 18.40.030, 18.44.080,
<br /> 18.48.130, and 18.48.140 of the Municipal Code. These changes provide a definition of
<br /> tobacco store that matches state law, and clarifies that permitted and conditional uses in the
<br /> office, commercial and industrial districts are subject to the 1,000-foot buffer.
<br /> Exhibits A and B incorporate the proposed Municipal Code amendments, reflecting the Youth
<br /> Commission's recommendation.
<br /> Economic Vitality Commission and Human Services Commission Recommendation
<br /> In addition to the Youth Commission, other advisory bodies to the City Council, the Human
<br /> Services Commission (HSC) and the Economic Vitality Commission (EVC), considered all five
<br /> of the recommendations of the Youth Commission. With respect to No. 3, the HSC did not
<br /> make a recommendation. The EVC recommended a modified version to apply the 1,000-foot
<br /> buffer only to public schools, and to only apply the restriction to new retailers — i.e. existing
<br /> retailers would be grandfathered and allowed to continue to sell tobacco products.4
<br /> Other Public Comments
<br /> Tobacco retailers have attended meetings held by the Youth Commission, Economic Vitality
<br /> Committee, Human Services Commission, and a staff-led meeting just with retailers. While
<br /> retailers have expressed concerns regarding each of the Youth Commission's five
<br /> recommended ordinances, with regard to the proposed 1,000-foot buffer, comments included:
<br /> • If gas stations cannot sell cigarettes to adults, business will be lost when adult customers
<br /> go elsewhere to buy gas, food, etc.
<br /> • Want restriction only 500 feet from public schools, and not public parks or public
<br /> recreational facilities.
<br /> • Want restriction only 1,000 feet from public schools, and not public parks or public
<br /> recreational facilities.
<br /> ALTERNATIVES
<br /> As noted, the Youth Commission has recommended to the City Council that the Zoning Code
<br /> be amended to implement a 1,000-foot buffer from public schools, public parks and public
<br /> recreation facilities, within which: 1) no new tobacco retailers or tobacco stores may be
<br /> established, and 2) existing tobacco retailers would be required to cease sales of tobacco
<br /> products by a specified date, but existing tobacco stores would be allowed to continue to
<br /> operate.
<br /> The Planning Commission could consider the following options for the proposed regulations:
<br /> 1. Support the Youth Commission's recommendation as proposed.
<br /> 4 The HSC recommended that Council adopt the Youth Commission's recommendation No. 5, to prohibit the
<br /> possession of tobacco products by persons under 21. The EVC, in addition to its action on the proposed buffer
<br /> requirement, also recommended that Council adopt Youth Commission recommendation No. 1, to ban the sale of
<br /> flavored tobacco [but exempt tobacco stores; and allow other retailers to sell but not have products visible]; No.
<br /> 2, to ban e-cigarettes [but exempt tobacco stores; and allow existing retailers to sell but not have products visible];
<br /> and No. 5., regarding possession of tobacco products,
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<br />the exemption would avoid putting these tobacco stores out of
<br /> business. Nonetheless, any existing tobacco stores within the 1,000-foot buffer would be
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<br />nducted by a certified arborist familiar with the International
<br /> Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established
<br /> by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.
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<br />tions to the public water mains.
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<br /> will retain the cash
<br /> deposit until all work is substantially complete, all areas are stabilized, and all hazards are
<br /> mitigated to the satisfaction of the Director of Engineering/City Engineer.
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