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tobacco paraphernalia are on display or offered for sale in violation of Section 18.109.030. <br /> The city may also pursue other legal remedies for violations of this chapter. <br /> 18.109.070 Severability. <br /> If any provision or clause of this chapter or the application thereof to any person or <br /> circumstance is held to be unconstitutional or otherwise invalid by any court of competent <br /> jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications <br /> thereof which can be implemented without the invalid provision, clause or application, and to <br /> this end the provisions and clauses of this chapter are declared to be severable. <br /> // <br /> In Chapter 9.24 Smoking in Public and Work Places <br /> Amends Municipal Code Section 9.24.020 Definitions, Subsection N, as follows: <br /> N. "Retail tobacco store" means a retail store where more than 60 percent of gross annual <br /> revenues are generated from the sale of tobacco or smoking products and paraphernalia, <br /> and does not permit anyone under 18 years of age to be present. <br /> // <br /> In Chapter 18.40 0 Office Districts <br /> Amends Municipal Code Section 18.40.030 Permitted and conditional uses as follows: <br /> 18.40.030 Permitted and conditional uses. <br /> A. Permitted and conditional uses in an 0 district are provided in Table 18.44.080. <br /> B. Tobacco product and tobacco paraphernalia sales are only permitted in compliance with <br /> Chapter 18.109. <br /> In Chapter 18.44 C Commercial Districts <br /> Amends Municipal Code Section 18.44.080 Permitted and conditional uses as follows: <br /> 18.44.080 Permitted and conditional uses. <br /> A. Permitted uses and uses subject to a minor conditional use permit or conditional use <br /> permit in a C district are provided in Table 18.44.080 at the end of this section. <br /> B. Multi-family dwellings and mixed-use development shall be permitted in the C-C <br /> district provided that there shall be not less than 1,000 square feet of site area per <br /> dwelling unit, and provided that dwelling units not located above a permitted <br /> nonresidential use shall be subjected to the requirements for usable open space per <br /> dwelling unit of the RM-1,500 district, or, if applicable, the Core Area Overlay district. <br /> 3 <br />ity may make the measurement of distance using satellite images to determine building <br /> wall location and parcels on the city's geographic information system (GIS). A person who <br /> disagrees with this measurement may hire their own California licensed surveyor to provide <br /> another measurement. <br /> 18.109.050 Inspection by officials. <br /> Any and all investigating officials of the city shall have the right to enter a tobacco retail site <br /> from time to time during regular business hours to make reasonable inspections, including <br /> review of financial records to determine the percentage of gross receipts related to the sale of <br /> tobacco products and tobacco paraphernalia, to observe and enforce compliance with state <br /> or federal laws, provisions of this chapter, and provisions of the municipal code. <br /> 18.109.060 Penalties. <br /> Notwithstanding Section 1 .24.010.B., violations of this chapter are also subject to <br /> administrative citation pursuant to Chapter 1 .24 for each instance when tobacco products or <br /> 2 <br />de Planning Commission <br /> 5 of 7 <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 <br /> Project No. P19-0389, Citywide Planning Commission <br /> 4 of 7 <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. <br /> P19-0390 Planning Commission <br /> Page 10 of 11 <br />tions to the public water mains. <br /> P19-0390 Planning Commission <br /> Page 7 of 11 <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. <br /> P19-0390 Planning Commission <br /> Page 6 of 11 <br />