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Alternative. If Council wants to terminate the ability of existing tobacco retail sites within the buffer from selling tobacco products upon change of ownership, staff recommends a two (2) year grace period. This is longer than the typical one (1) year amortization period for a legal non-conforming use, reflecting tenant improvements often needed for space-specific humidifiers and/or ventilation systems. Distance maps. At the Council's Feb. 18th meeting, it was provided with maps showing approximate locations of tobacco sales sites within 1,000 feet of public schools, parks and recreation facilities. (Attachments 2 and 3). Under the proposed ordinance, within the 1,000 foot buffer no new tobacco sales would be allowed, and existing tobacco sales sites could continue ("grandfathering") until a change in ownership. In addition to the 1,000 foot buffer maps, 500 foot buffer maps are also provided (see Attachments 4 and 5). These maps provide only general information as actual measurement of the 1,000 feet is from the property line of the public school, park, or recreation facility parcel to the building from which tobacco sales occur.10 Sample maps showing these measurements for different areas are included as Attachment 6. Alternative. The Council may decide to modify Section 18.108.090 to change the size of the buffer, or apply buffers of different sizes to different public places.11 Recommendation.Staff's recommendation is unchanged from May 5th, to prohibit new tobacco sales within the 1,000 feet of public schools, parks and recreation facilities and grandfather existing tobacco retail sites. City of Livermore's consideration of exemptions from flavored tobacco ban. In March 2020, the City of Livermore considered creating exemptions to its flavored tobacco ban to allow the sale of flavored pipe tobacco and premium flavored cigars. At the Pleasanton City Council May 5th meeting, staff was directed to return with information about the City of Livermore's proposed exemption. Council has also subsequently received communications from members of the public advising that the City of Livermore has not adopted such exemptions, and those members of the public did not support any exemptions. 10 18.109.040 Measure of Distance. The distance between any tobacco retail site and any public school, public park, or public recreation facility shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tobacco retail site building to the closest property line of the public school, public park, or public recreation facility. The city may make the measurement of distance using satellite images to determine building wall location and parcels on the city's geographic information system (GIS). A person who disagrees with this measurement may hire their own California licensed surveyor to provide another measurement. " For example, Alameda County and Livermore prohibit new tobacco sales within 1,000 feet of designated youth uses; and Dublin prohibits new tobacco sales within 1,000 feet of a school or 500 feet of a park, library youth center or playground. 10