HomeMy WebLinkAbout44 - OB-1 - Second Reading of Ordinance No. 15-10 - 9/15/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 15, 2015 ITEM NUMBER: OB -1
SUBJECT: SECOND READING OF ORDINANCE NO. 15-10 FOR CODE AMENDMENT CO -15-02
RELATED TO SMOKING AND VAPING USES
FROM: DEVELOPMENT SERVICES DEPARTMENT / PLANNING DIVISION
PRESENTATION BY: STEPHANIE ROXAS, ASSOCIATE PLANNER
DATE: SEPTEMBER 9, 2015
FOR FURTHER INFORMATION CONTACT: STEPHANIE ROXAS, AICP (714) 754-5667
stephanie.roxas@costamesaca.gov
RECOMMENDATION
Give second reading to Ordinance No. 15-10 approving Code Amendment CO -15-02, an
amendment to Title 8 and Title 13 of the Costa Mesa Municipal Code related to vaping in
public facilities and the regulation of smoking and vaping lounges and retail businesses.
BACKGROUND
On July 27, 2015, the Planning Commission held a public hearing and recommended
approval of the proposed Code amendment.
On September 1, 2015, City Council conducted a public hearing and gave first reading of
the ordinance by a 5-0 vote. The motion included the following changes:
• Preclude the establishment of a smoking/vaping retail business within one
thousand (1,000 feet) of a public or private primary or secondary educational
school facility [See Section 13-200.81.(b)]. Because the draft ordinance was
initially focused on the regulation of lounge uses, minor changes have been made
throughout the ordinance to incorporate smoking/vaping retail businesses;
• Indicate that two existing smoking/vaping retail businesses (Mesa Vape at 891 W.
Baker Street, Suite B-11 and Empire Tobacco at 1175 Baker Street, Suite 10-D)
are within 1,000 feet of a school and shall be considered legal non -conforming
uses subject to Title 13, Chapter X of the Costa Mesa Municipal Code [See
Section 13-200.81.(b)(1)]; and
• Clarify that required ventilation systems shall assure smoke from a lounge does
not migrate outdoors [See Section 13-200.83.(o)].
As requested by the City Council, Attachment 2 includes a map exhibit illustrating a
1,000 -foot and 750 -foot buffer from the schools.
ANALYSIS
The ordinance does not require any existing, legally -permitted smoking lounge, hookah
parlor, smoke shop, or electronic cigarette/vaping retail business to close or relocate their
business. The ordinance is intended to allow existing businesses to continue their
current business operations, while creating standards to ensure new smoking and
vaping uses operate in a manner that is compatible with the surrounding area.
STEPHANIE ROXAS, AICP
Associate Planner
Attachments: 1. Ordinance No. 15-10
2. Map with existing smokinc
public and private schools
GARY ARMSTRONG, AICP
Economic Development & Development
Services Director / Deputy CEO
aaina lounaes and retailers in relation to
cc: Chief Executive Officer
Assistant Chief Executive Officer
Economic Development & Development Services Director / Deputy
CEO
City Attorney
Public Services Director
Transportation Svs. Mgr.
City Engineer
City Clerk (9)
Staff (7)
File (2)