PC 011520 - Laserfiche WebLink

Ms. Seto stated she spoke to staff from the City of Livermore, but their changes had only been in effect for a short period, specifically since January 2020; she referenced the process of legal non-conforming uses. Commissioner Balch questioned the restrictions on a legal, non-conforming gas station. Ms. Seto explained that tobacco products could not be sold within the 1000-foot buffer. Commissioner Allen inquired as to what would happen if an existing business was sold to another property owner. Ms. Seto explained that most uses ran with the land under a conditional use permit. She stated a remodel or expansion would not allow expansion of legal, non-conforming uses. Commissioner Balch referenced the recent Shell/7-Eleven project on Hopyard Road and whether that would be an exception. Community Development Director Ellen Clark responded that project was modifying its use to include a combined gas station and convenience store, therefore, a restriction on tobacco could be imposed. Commissioner Allen inquired about "going dark" and the issue surrounding advertising and the presence of the product. She questioned enforcement and whether tobacco should be licensed by the City. Ms. Seto responded that tobacco retailer licensing (TRL) was an option in many of the cities within Alameda County. She summarized the internal discussions and determined there was not capacity to license and monitor those uses. She discussed stings by the Police Department and the Code Enforcement process for "going dark." Commissioner Allen inquired about the level of change that could be expected if the City grandfathered existing retailers. She asked how long the existing, affected businesses had been in business as a tobacco retailer. She requested historical data surrounding current tobacco retailers. Ms. Seto responded that gathering historical data would be a timely project for staff but that could be undertaken. Ms. Clark referenced the types of businesses currently selling tobacco-related products and indicated that change could be slow. Chair Ritter inquired about enforcement, fines issued and whether there was a three-strikes law. Ms. Seto stated offenders were reported to the State, which might jeopardize their license. Commissioner Balch inquired about the City of Pleasanton Police Department's enforcement when conducting a sting operation and the rate of passage. Planning Commission Minutes Page 4 of 11 January 15, 2020 Commissioner O'Connor inquired about grandfathering regarding the buffer options and asked what other cities were doing. He also inquired about the expected change and the impact for the future. Planning Commission Minutes Page 3 of 11 January 15, 2020