2008/11/25 City Council Ordinance 809
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputv
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 1st day
of December. 2008, she posted and had published as required by law full, true, and correct
copies of ORDINANCE NO. 809, "ADOPTING A 10 MONTH, 15 DAY EXTENSION OF
TIME ON THE PREVIOUSLY ADOPTED MORATORIUM ON PRIVATE SMOKERS'
LOUNGES AND TOBACCO SHOPS" in five (5) public places in said City, to wit:
www.rocitv.or!! for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Hall Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
4af c((~
Deputy City Clerk
Subscribed and sworn to before
this 3rd day of December, 2008.
M:\Ordinances\Ordinances-200S\Affidavits of Posting\Affidavit of Posting S09.doc
ORDINANCE NO. 809
AN ORDINANCE OF THE CITY OF ROHNERT PARK
ADOPTING A 10 MONTH, 15 DAY EXTENSION OF TIME ON
THE PREVIOUSLY ADOPTED MORATORIUM ON
PRIVATE SMOKERS' LOUNGES AND TOBACCO SHOPS
WHEREAS, State law regulates smoking in the workplace pursuant to California Labor
Code section 6404.5, which was adopted as AB 13 in 1994 and fully enacted in 1998;
WHEREAS, Chapter 8.32 of the Rohnert Park Municipal Code ("RPMC") regulates the
use of tobacco in public places and places of employment within the City;
WHEREAS, RPMC section 8.32.080 provides specific exception for "smoking optional
areas" which includes, among other uses, retail or wholesale tobacco shops and private smokers'
lounges in or attached to a retail or wholesale tobacco shop that is dedicated to the use oftobacco
products;
WHEREAS, the RPMC does not currently specify which zoning districts permit private
smokers' lounges or retail/wholesale tobacco shops and what if any City approvals are required
for the establishment of those uses;
WHEREAS, City staff is in the process of reviewing the RPMC to determine a) how the
"smoking optional areas" should be treated under the zoning code and b) how the City's smoking
laws in RPMC 8.32 should be updated to conform with State law and expanded to protect the
public health;
WHEREAS, if private smokers' lounges and retail/wholesale tobacco shops were
established without updated regulations, such uses might be inconsistent with surrounding uses,
detrimental to the public health and welfare, and in conflict with the contemplated zoning
proposal and the effort to study and adopt new regulations regarding smoking;
WHEREAS, on October 28,2008 the City Council of the City of Rohnert Park adopted a
forty-five (45) day urgency ordinance that imposed a moratorium on private smokers' lounges
and tobacco outlets and in accordance with Government Code 65858(d) the City Council did
direct staff to evaluate the existing Municipal Code Chapter 8.32 (Smoking Ordinance) to ensure
consistency with State regulation and further directed staff to evaluate where best to locate
retail/whole tobacco shop and private smokers' lounge (if at all) so as to minimize the harmful
effects imposed on school-aged children.; and
WHEREAS, in accordance with the requirements of Government Code section 65858 (a)
a ten (10) month, fifteen (15) day extension of the moratorium is needed by staff to complete the
analysis ofthe issue.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Findings.
The City Council of the City of Rohnert Park hereby finds and declares that:
a). There is a need to adopt this urgency ordinance extending a moratorium on all new
private smokers' lounges and retail/wholesale tobacco shops, subject to the findings and
conditions contained in this Ordinance. The City has received inquiries regarding the
establishment of new smokers' lounges within the City. These uses may produce harmful
secondary smoke which can negatively affect workers, passers-by, and neighbors, particularly
minors, the elderly, sick and disabled. Moreover, the lounges and tobacco shops may serve as
marketing vehicles for tobacco, which can also have detrimental effects on minors by
encouraging them to smoke. To protect residents and businesses from harmful secondary effects
of smokers' lounges and retail/wholesale tobacco shops, City staff needs time to 1) study the
secondary health effects of such uses; 2) determine which, if any, zoning districts are appropriate
for such uses; and 3) determine what level of discretionary review is required for such uses. If
private smokers' lounges and retail/wholesale tobacco shops are allowed to proceed without
updated regulations, those uses could have potential adverse secondary effects on neighborhoods
in the City that present a clear and immediate danger to the public health and welfare.
b). If private smokers' lounges and retail/wholesale tobacco shops were established
without updated regulations, such uses might be inconsistent with surrounding uses, detrimental
to the public health and welfare, and in conflict with the contemplated zoning proposal. Failure
to extend this moratorium during the stated period may result in significant irreversible change to
neighborhood.and community character. The premature establishment or development of such
uses would also conflict with the City's effort to study and consider zoning and other proposals
to regulate or prohibit these uses.
c). Based on the foregoing, the City Council declares that this urgency Ordinance is
necessary to protect the public health and welfare while the City considers revisions to the
smoking and zoning regulations related to private smokers' lounges or retail/wholesale tobacco
shops; and that staff needs additional time to complete the analysis of the issue regarding the
appropriate pl~cement and regulation of private smokers' lounges and retail/wholesale tobacco
shops.
Section 2. Moratorium.
The City Council hereby extends the moratorium on any and all new private smokers'
lounges or retail/wholesale tobacco shops. These uses include any retail or wholesale tobacco
shops and private smokers' lounges in or attached to a retail or wholesale tobacco shop that is
dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. Retail or
wholesale tobacco shop means any business establishment the main purpose of which is the sale
of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories.
Based on the findings set forth herein, no land use approval or building permit may be issued for
private smokers' lounges or retail/wholesale tobacco shops for the effective period ofthis
Ordinance.
Section 3. Conflicting Laws.
For the term of this Ordinance, as set forth in Section 5 below, the provisions ofthis
Ordinance shall govern. To the extent that there is any conflict between the provisions of this
Ordinance and the provisions of any other city code, ordinance, resolution or policy, all such
conflicting provisions shall be suspended.
Section 4. Hardship Exception.
The City, on a case by case basis, shall have the authority, upon a showing of good cause
by an applicant, to waive the interim prohibition/moratorium imposed by this Ordinance and
. allow for the granting of permits to said applicant pursuant to the Conditional Use Permit process
set forth in Chapter 17.25 of the Rohnert Park Municipal Code. Good cause shall mean a factual
and evidentiary showing by the applicant that the interim moratorium, if not waived, will deprive
the applicant of substantially all reasonable use of his or her property. All such applications for
waiver shall be filed with the City Planning Department. Fees for waiver applications and
associated appeals shall be the same as those charged for a Conditional Use Permit.
Section 5. Effective Date and Period.
This Ordinance is an urgency ordinance and shall take effect and be enforced
immediately following the final day of the initial forty-five (45) day urgency ordinance period.
In accordance with California Government Code ~65858, this Ordinance shall be in full force
and effect for a period often months (10) and fifteen days (15) beginning immediately after the
final day of the initial forty-five (45) day urgency ordinance. The final day of the extended
periQd for the moratorium is thus October 27,2009.
Section 6. Publication and Posting.
This Ordinance and the names of those council members voting for and against the
Ordinance shall be published once in the Community Voice, a newspaper of general circulation, .
printed and published in Santa Rosa and circulated in the City of Rohnert Park, within fifteen
(15) days from and after its adoption. The City Clerk shall post at City Hall a copy of the full
text of this Ordinance and the names of those council members voting for and against the
Ordinance.
The foregoing urgency ordinance was introduced and duly adopted by a four-fifths vote
of the City Council of the City of Rohnert Park at the regular meeting of the City Council held
on the 25th day of November 2008, by the following vote:
AYES: FOUR (4)
NOES: NONE (0)
ABSENT: ONE (1)
ABSTAIN: NONE (0)
Council Members Breeze, Smith, Vidak-Martinez and
Mayor Mackenzie
Vice-Mayor Stafford
CITY OF ROHNERT PARK
M0~'~'
APPROVED AS T