2016/03/24 Planning Commission Agenda PacketCity of Rohnert Park
Planning Commission
AGENDA
Thursday, March 24, 2016
6:00 P.M.
130 Avram Avenue, Rohnert Park
To Any Member of'the Judience_Desirine to _Address the Plawdlig Commission:
For public comment on items listed or not listed on the agenda, or on agenda items if unable to speak at the scheduled time, you
may do so upon recognition from the Chairperson. PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL (Adams Blanquie Borba Giudice Haydon__)
DECLARATION OF ABSENTION
ACKNOWLEDGEMENT OF POSTING OF AGENDA — Agenda has been posted in
three public places: Community Center, Public Safety Building and City Hall.
PUBLIC COMMENT - Persons who wish to speak to the Commission regarding an
item that is not on the agenda may do so at this time.
CONSENT CALENDAR - ADOPTION OF MINUTES
7.1 Approval of the Draft Minutes of the Planning Commission meeting(s) of
October 22, 2015 and December 10, 2015
AGENDA ITEMS
8.1 PUBLIC HEARING — MUNICIPAL CODE AMENDMENTS — File No.
PLMC2015-0002 — City of Rohnert Park — Consideration of Resolution No. 2016-
08, recommending to the City Council amendment of the Municipal Code,
Chapter 8.32, Use of Tobacco, to include regulations for electronic cigarettes
CEQA: No CEQA analysis is required for this project since it will have no
impact on the environment and is exempted under 15061 (b)(3) of the "general
rule exemption" and Section 15308 Actions by Regulatory Agencies for the
Protection of the Environment.
8.2 PUBLIC HEARING — MUNICIPAL CODE AMENDMENTS — File No.
PLMC2015-0001 — City of Rohnert Park — Consideration of Resolution No. 2016-
02, recommending to the City Council an amendment of the City of Rohnert Park
Zoning Ordinance Chapter 17.06. 100 (Permitted Use) to eliminate Self -Storage
Facilities, Vehicle Storage Yards, Boat, RV and Outdoor Storage from the list of
permitted or conditionally permitted uses in the I -L Industrial District and Chapter
17.07.020 (Land Use Footnotes/Special Provisions) to delete Footnotes E (Boat,
R.V. and Outdoor Storage) and Y (Self -Storage Facility).
CEQA: This code amendments under consideration are not subject to CEQA
pursuant to Sections 15060(c) (2) (the activity will not result in a direct or
reasonable foreseeable indirect physical change in the environment) and
15060(c) (3) (the activity is not a project as defined in Section 15378 of the
CEQA Guidelines, because it has no potential for resulting in a physical change
to the environment, directly or indirectly).
9 ITEMS FROM THE PLANNING COMMISSION
10. ITEMS FROM THE DEVELOPMENT SERVICE STAFF
11. ADJOURNMENT
Appeals of any decisions made tonight must be received by the Planning Division within 10
days and no later than 5: 00 p.m. on April 4, 2016
NOTE: If you challenge the nature of the proposed action in court, you may be limited to
raising only those issues you or someone else raised at public hearing(s) described in this
Agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the
public hearing(s).
Disabled Accommodation: In compliance with the Americans with Disabilities Act, if
you need special assistance to participate in this meeting please call (707) 588-2236. Notification
72 hours in advance of the meeting will enable the city to make reasonable arrangements to
ensure accessibility to the meeting. (28 CFR 3 5.102.3 5.104 AD Title III)
CERTIFICATION OF POSTING OF AGENDA
I, Suzie Azevedo, Community Development Assistant for the City of Rohnert Park, declare that
the foregoing notice and agenda for the March 24, 2016, Planning Commission Meeting of the
City of Rohnert Park was posted and available for review on March 18, 2016, at Rohnert Park
City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is available on the
City of Rohnert Park's web site at www.rpcily.org.
ign t 8th day o March, 2016 at Rohnert Park, California.
r Susan Azevedo, Recording Secretary
City of Rohnert Park
Planning Commission Report
DATE: March 24, 2016
ITEM NO: 8.1
SUBJECT: PLMC2015-0002 Amend Rohnert Park Municipal Code Title 8 Health and
Safety Chapter 8.32 Use of Tobacco to include electronic cigarettes
LOCATION: NA
REQUEST: Amend Chapter 8.32 to Include Regulations for Electronic Cigarettes (E -
cigarettes)
APPLICANT: City of Rohnert Park
Subject
Amend Municipal Code Chapter 8.32 Use of Tobacco to include regulations for electronic
cigarettes.
Background
Electronic cigarettes (e -cigarettes) are battery powered devices that heat a liquid substance,
which frequently contains nicotine or other harmful chemicals, for the purposes of inhalation by
the user. When the charge from the battery warms the liquid it creates an aerosol vapor that
resembles smoke from a conventional cigarette.
There are two types of e -cigarettes sold. One is a complete unit and when the liquid that
vaporizes is gone the unit is no longer operable. The second type has a rechargeable battery and
the user can add the type of liquid they want to vaporize. There are various companies that sell a
wide variety of liquids for use in e -cigarettes.
Studies have shown that e -cigarettes are especially popular among teens and may attract young
people that wouldn't otherwise smoke. In a study published in the journal Pediatrics, about 17
Page 1
percent of high school aged students polled smoked only e -cigarettes, 12 percent smoked both
types of cigarettes and 3 percent smoked only conventional cigarettes. '
Preliminary reports show that nicotine from e -cigarettes has similar negative effects associated
with conventional cigarettes. Studies show that smoking e -cigarettes containing nicotine for just
five minutes produces a similar amount of lung irritation, blood pressure spikes and
inflammation as smoking a conventional cigarette 2 (California Department of Public Health). E -
cigarettes emit a variety of chemicals that are toxic to the body. Many of these chemicals are
listed as carcinogens by the State of California under Proposition 65, including benzene,
cadmium, lead, nickel and formaldehyde, all of which have been linked to negative health
outcomes (California Department of Public Health). E -cigarettes aerosol emissions contain a
variety of chemicals that are considered toxic to the body including benzene, cadmium, lead,
nickel and formaldehyde. The California Department of Public Health has determined that these
emissions can cause harm to secondhand inhalers in a manner similar to second hand tobacco
smoke. In addition to exposure to first hand exposure to toxic chemicals and secondhand smoke,
the American Lung Association also cited concerns of liquid poisoning from e -cigarettes. s
The use of e -cigarettes is not regulated federally or on the state level like tobacco. The State of
California also does not ban the use of e -cigarettes in public places such as bars or restaurants
although many local governments have imposed bans within their own jurisdictions, including
Los Angeles and San Francisco. Federally, there is no ban on selling e -cigarettes to minors.
However, California banned the sale of e -cigarettes to minors in 2011. In January 2015, the
California Department of Public Health issued a report stating that E -cigarette use is a major
public health concerns.4 However, to date the State of California has not passed any laws
regulating e -cigarettes in public places such as bars or restaurants other than prohibiting the sale
to minors. Many local governments have imposed bans within their own jurisdictions, including
Los Angeles and San Francisco.
Most local and state smokefree laws were enacted before e -cigarettes were on the market so it is
not clear whether smoke free laws apply to e -cigarettes. This is certainly the case in Rohnert
Park. Rohnert Park's smoke free law, Rohnert Park Municipal Code ("Municipal Code")
Chapter 8.32, was enacted before e -cigarettes came onto the market, and does not expressly
apply to e -cigarettes.
Proposal
Chapter 8.32 Use of Tobacco regulates the sale and use of tobacco and tobacco products in
Rohnert Park. However, e -cigarettes are not included under Chapter 8.32. The intent of this
Municipal Code amendment is to include regulations for e -cigarettes in Chapter 8.32. This will
require the following changes to the Code:
Page 2
Findin sg (Chapter 8.32.020
Several findings will be added to support the inclusion of e -cigarettes:
G. As aerosol emissions from electronic smoking devices have been found to contain as least
ten chemicals that are on California's list of chemicals known to cause cancer, birth
defects, or other reproductive harm, including acetaldehyde benzene, cadmium,
formaldehyde, isoprene, lead, nickel, nicotine, N nitrosonornicotine, and toluene, second
hand exposure to e -cigarette aerosol is a health concern.
H. People exposed to aerosol emissions from electronic smoking devices absorb nicotine, a
substance that can cause cancer, birth defects, or reproductive harm, at levers comparable
to second hand smoke, and are also exposed to volatile organic compounds and other
particulate matter that can lead to tissue inflammation.
C. Non-smokers who suffer from allergies, respiratory disease, or the negative effects of
breathing secondhand tobacco smoke or aerosol emissions from electronic smoking devices
may experience a loss of job productivity or may be forced to take periodic sick leave
because of adverse reactions.
Definitions(Chapter 8.32.030):
Add the following definition of "Electronic Smoking Device or Electronic Cigarette"
E. "Electronic Smoking Device or Electronic Cigarette" (e -cigarettes) means an electronic
and/or battery operated device, the use of which may resemble smoking, which can be used to
deliver an inhaled dose of nicotine or other substance.
Change the definition of "Smoking" to read:
I _. "Smoking" means and includes (1) inhaling or exhaling upon burning or carrying any lighted
smoking equipment for tobacco, nicotine or any other plant or product used for personal habit
commonly known as smoking (2) inhaling or exhaling upon, vaporizing or otherwise using any
electronic smoking device.
Include the following in the definition of "Tobacco Product":
N. "Tobacco Product" means any product containing tobacco leaf, including but not limited to,
bidis, chewing tobacco, cigarettes, e -cigarettes, cigars, dipping tobacco, pipe tobacco, snuff, or
any other preparation of tobacco.
Prohibition on smoking, in enclosed areas (Chapter 8.32.010)
This Chapter prohibits smoking in the following enclosed areas:
* Any place of employment.
Page 3
+ Multi -unit residential developments including enclosed common areas such as a laundry
room, lobby or community center.
• Any elevator, public restroom, service line (i.e.ATM), bus, limousine, taxi cab, train or
other public transportation vehicle.
• Any vehicle that is occupied by a minor (person under the age of eighteen years of age).
• On the premises of a licensed day care center and in a licensed family day care home.
• On the premises of a licensed, long-term, health care facility.
By adding the definitions above of Electronic Smoking Device or Electronic Cigarette to MC
8.32.030, vaping would be considered smoking and included in the prohibitions in enclosed
areas.
Prohibition on smoking in unenclosed areas (Chapter 8.32.050)
Smoking is prohibited in specific unenclosed areas in Rohnert Park:
• Multi -unit residential development common areas, including but not limited to: pools,
walkways, gardens, play areas.
• Any service line (i.e. ATM), bus stop, taxi stand or phone booth.
• Within twenty feet of the exit, entrance, or operable window of any city owned building,
except while actively passing on the way to another destination.
• Within twenty feet of the exit, entrance, or operable window of any private building or
structure that is posted as nonsmoking, except while actively passing on the way to
another destination.
• Within twenty-five feet of a public playground or tot lot (sandbox) areas.
+ Any business or place of employment in which food is being consumed or where setup,
service, and cleanup functions are occurring, including but not limited to: dining areas,
farmers markets, concerts, fairs and other such events.
• On the premises of a licensed day care center or licensed family care home.
By adding a definition of Electronic Smoking Device or Electronic Cigarette to 8.32.030 the use
of e -cigarettes ("vaping") would be included in the prohibitions in unenclosed areas.
Page 4
Exceptions (Chapter 8.32.060
There are several exemptions to prohibition of smoking in enclosed and unenclosed areas as
follows:
Certain private smokers' lounges attached to tobacco stores.
• Medical research or treatment sites, if smoking is integral to the research and treatment
being conducted.
* Owner occupied private residences.
• Designated portions of multi -unit residential developments.
A private residence and a portion of an outdoor area of a multi -unit residential development may
be designated as a smoking area provided it is located at least twenty -feet from any indoor area
where smoking is prohibited and may not include any outdoor area primarily used by children.
E -cigarettes would also be included in the exceptions above.
Exceptions Chapter 8.32.060 A. 1. Iii:
Under exemptions there is required separation of a tobacco store and a school, religious
assembly, public facility, multi -unit residential development or another tobacco store. A portion
of the outdoor area of a multi -unit residential development may also be designated as a smoking
area depending of its location within the development.
E -cigarettes would be included in the above exemptions.
Correction to Cha ter 8.32.050 of the Code:
Under 8.32.050 Prohibition on smoking in unenclosed areas. A. 5. the end phrase in 5. ("except
while actively passing on the way to another destination") is repeated twice. This is a
typographical error and should be corrected. It does not change the meaning of MC
8.32.050(A)(5).
Staff Ajnalysis
Rohnert Park's Use of Tobacco requirements were adopted in 2009. They are fairly extensive in
protecting non-smokers and minors from cigarette and tobacco smoke while still protecting
smoker's rights to smoke in their own single-family home, designated apartment unit and in
designated smoking areas. There are currently no Federal regulations regarding E -cigarettes and
no California State Regulations other than prohibiting the sale of cigarettes and e -cigarettes to
anyone under the age of 18 years. However, 122 cities and counties in California have already
prohibited the use of e -cigarettes in some indoor and outdoor spaces. Until and if the Federal
Government and State of California come up with E -cigarette regulations, the City must rely on
Page 5
Chapter 8.32 Use of Tobacco. The intent of the Code modification is not an attempt to evaluate
the impact of the use of E -cigarettes on the user or the general public. It simply places, e -
cigarettes under the same rules and regulations as other tobacco products sold and used in the
City.
E -cigarettes do not result in tobacco smoke, however, they do create a vapor when the user
exhales called vaping. Like cigarette smoke, the vapor can carry in the air and may be inhaled
by near -by non-smokers and minors. Applying the regulations under Chapter 8.32 to E -
cigarettes will provide for the health, safety and welfare of individuals residing, working or
visiting in the City of Rohnert Park.
Environmental Determination
No CEQA analysis is required for this project since it will have no impact on the environment
and is exempted under 15061 (b)(3) of the "general rule exemption" and Section 15308 Actions
by Regulatory Agencies for the Protection of the Environment.
Findings
The recommended findings to approve the amendment to the Zoning Ordinance are included in
the attached resolution.
Public Notification
Since this is a change to the Municipal Code a public hearing is required before the Planning
Commission and the City Council. This item has been duly noticed by publication in the
Community Voice for amendment to the Municipal Code.
'Journal Pediatrics 12/2014
2 California Department of Public Health Advisory
3 See American Lung Association's Smoking Facts: E -Cigarettes and Lung Health. Available
online at http://www.lung.org/stop-smoking sm+okin -facts/c-ci arettes-and-lun-health.html
4 State Health Officer's Report on E -Cigarettes: A Community Health Threat. Available online
at: ht�ps://www.ed h.ca. ovl ro arras/tobacco/Documen s/Media/State%20Health-e-
ci %20r ort. df
Page 6
Staff Recommendation
Based on the analysis and findings of this report and the attached resolution, Staff recommends
that the Planning Commission, by motion, adopt Resolution No. 2016-0 to recommend to the
City Council of this text amendment to Chapter 8.32 Use of Tobacco of the Municipal Code.
Attachments:
Planning Commission Resolution No. 2016-08
Chapter 8.32 Use of Tobacco Regulations Found in the Municipal Code
E -cigarettes: Challenges and Opportunities for California (Board of Equalization)
APPROVALS:
71
Noun Zsbrod, Technical AdvFor Date
Jeffteiswe)jjer, Planning Manager Dave
Page 7
RESOLUTION NO. 2016-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL AMENDMENT
OF THE MUNICIPAL CODE CHAPTER 8.32, USE OF TOBACCO TO INCLUDE
REGULATIONS FOR ELECTRONIC CIGARETTES
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC2015-0002 proposing to amend the Rohnert Park Municipal Code ("RPMC") by
amending Chapter 8.32 Use of Tobacco;
WHEREAS, the proposed amendments to Chapter 8.32 Use of Tobacco will include E -
cigarettes under the regulations of Chapter 8.32 to provide for the health, safety and welfare of
individuals residing, working or visiting in the City of Rohnert Park;
WHEREAS, the proposed changes to Chapter 8.32 Use of Tobacco are attached hereto
as Exhibit A;
WHEREAS, on March 24, 2016 the Planning Commission held a public hearing at
which time interested persons had an opportunity testify either in support of or opposition to the
proposal;
WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a
public notice was published in the Community Voice for a minimum of 10 days prior to the first
public hearing; and
WHEREAS; the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2015-0002 for the proposed amendments to
Chapter 8.32 Use of Tobacco of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed amendments to Chapter 8.32 Use of Tobacco of the Municipal Code;
Section 1. The above recitations are true and correct.
Section 2. Findings. Findings for Enactment of Amendments to Chapter 8.32 Use of
Tobacco of the Municipal Code. The Planning Commission hereby makes the following
findings concerning Chapter 8.32 Use of Tobacco of the Municipal Code:
1. That the proposed amendments to the Municipal Code are consistent with the
General Plan 2020.
Criteria Satisfied. The proposed amendments to Chapter 8.32 Use of Tobacco of the
Municipal Code will provide for the health, safety and welfare of individuals residing,
working or visiting in the City of Rohnert Park and is consistent with the General
Plan 2020 Goal of continuing to work toward improving air quality ... and the health
of city residents.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendment to Chapter 8.32 Use of Tobacco will
provide for the health, safety and welfare of individuals residing, working or visiting
in the City of Rohnert Park by decreasing exposure to electronic cigarettes.
Section 3. Environmental Clearance
No CEQA analysis is required for this project since it will have no impact on the
environment and is exempted under 15061 (b)(3) of the "general rule exemption."
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt Findings stated hereinabove and adopt
amendment the RPMC to amend Chapter 8.32 Use of Tobacco, in the form provided in Exhibit
A.
DULY AND REGULARLY ADOPTED on this 24' day of March 2016 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
ADAMS BLANQUIE_._ BORBA GIUDICE HAYDON
Attest:
John Borba, Chairperson, Rohnert Park Planning Commission
Susan Azevedo, Recording Secretary
EXHIBIT A
Attached
Chapter 8.32
Use of Tobacco
8.32.010 Purpose.
The purpose of this Chapter is to provide for the health, safety, and welfare of
individuals residing, working or visiting in the City of Rohnert Park by regulating
the location and use of tobacco and tobacco products and their effects on
individuals.
8.32.020 Findings.
A. Numerous studies have determined that tobacco smoke is a major
contributor to indoor air pollution.
B. The Surgeon General of the United States has documented that breathing
secondhand smoke is a significant health hazard, particularly to elderly
people, individuals with cardiovascular disease, and individuals with
impaired respiratory function.
C. Breathing secondhand smoke has been determined to be a health hazard by
increasing the incidence of lung cancer, bronchitis, and respiratory infection
while decreasing exercise tolerance and respiratory function.
D. Non-smokers who suffer from allergies, respiratory diseases, or the negative
effects of breathing secondhand smoke may experience a loss of job
productivity or may be forced to take periodic sick leave because of adverse
reactions.
E. Persons, particularly employees, have a right to a smoke free environment if
they desire.
F. Secondhand smoke exposure causes as many as 300,000 children in the
United State to suffer from lower respiratory tract infections, exacerbates
childhood asthma, and increases the risk of acute chronic, middle ear
infections.
G. As aerosol emissions from electronic smoking devices have been found to
contain as least ten chemicals that are on California's list of chemicals
known to cause cancer, birth defects, or other reproductive harm, including
acetaldehyde benzene, cadmium, formaldehyde, isoprene, lead, nickel,
nicotine, N nitrosonornicotine, and toluene, second hand exposure to e -
cigarette aerosol is a health concern.
H. People exposed to aerosol emissions from electronic smoking devices
absorb nicotine, a substance that can cause cancer, birth defects, or
reproductive harm, at levers comparable to second hand smoke, and are also
exposed to volatile organic compounds and other particulate matter that can
lead to tissue inflammation.
I. Non-smokers who suffer from allergies, respiratory disease, or the negative
effects of breathing secondhand tobacco smoke or aersol emissions from
electronic smoking devices may experience a loss of job productivity or
may be forced to take periodic sick leave because of adverse reactions.
8.32.030 Definitions.
A. "Business" means the sole proprietorship, partnership, joint venture,
corporation, association, nonprofit or other entity formed for public interest
or profit-making purposes or that has an employee as defined in this section.
B. "Employee" means any person who is employed; retained as an
independent contractor by an employer, as defined in this section; or any
person who volunteers his or her services for any employer, association,
business, nonprofit or volunteer entity.
C. "Employer" means any person, partnership, corporation, association,
nonprofit, or other entity who employs or retains the services of one or
more persons or supervises volunteers.
D. "Enclosed" means closed in by a roof and four walls (with the appropriate
openings for egress and ingress). This would include but not be limited to
lobbies, lounges, waiting areas, elevators, hallways, restrooms, stairwells,
common areas_(e.g., laundry and recreation rooms within a multi -unit
residential development), that are a structural part of the building.
E. "Electronic Smoking Device or Electronic Cigarette" means an electronic
and/or battery operated device, the use of which may resemble smoking,
which can be used to deliver an inhaled dose of nicotine or other substance.
F. "Food" means any raw or processed substance, beverage (including frozen
or liquid water) or ingredient intended to be used as food, drink, confection,
or condiment for human consumption.
G. "Head Shop" means a retail outlet that receives 90% or more of its gross
revenues from the sale of paraphernalia related to the consumption of
cannabis, other recreational drugs and/or new age herbs. Products typically
include but are not limited to, water pipes, bongs, roach clips, pipes, rolling
papers, rolling machines, and whipped cream chargers containing nitrous
oxide.
H. "Hookah Bar" means a business location that provides for the ingestion,
inhalation or consumption of tobacco or tobacco products by way of an
apparatus which includes, but is not limited to the following parts: a water
vessel, a bowl for holding combustible tobacco or tobacco products and an
inhalation hose or tube.
I. "Multi Unit Residential Development" means a development consisting of
residential condominiums, townhouses, rowhouses or apartments,
represented by one common property management group or Home Owners
Association and providing for -sale, for -lease or for -rent units with complete
and independent living facilities for one or more persons.
J. "Place of Employment" means any area under the control of an employer or
business where an employee can be found to frequent during the course of a
work day. For example, cafeterias, conference rooms, lobbies, lounges
(break rooms), elevators, hallways, restrooms, stairwells, vehicles and work
areas.
K. "Private Smokers' Lounge" means an area that is attached to and incidental
to a tobacco store that may be occupied by persons eighteen (18) years of
age or older who intend to ingest or inhale any smoking tobacco or tobacco
product by means of a pipe, cigar, cigarette or any other method. Private
smokers' lounges do not include hookah bars which are prohibited in the
City of Rohnert Park pursuant to Municipal Code, Chapter 8.33
(Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines and
Self -Service Displays).
L. "Smoking" means and includes (1) inhaling or exhaling upon burning or
carrying any lighted smoking equipment for tobacco, nicotine or any other
plant or product used for personal habit commonly known as smoking (2)
inhaling or exhaling upon, vaporizing or otherwise using any electronic
smoking device.
M. "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wraps,
pipes, holders, cigarette rolling machines or other instruments or things
designed for the smoking or ingestion of tobacco or tobacco products.
N. "Tobacco Product" means any product containing tobacco leaf, including
but not limited to, bidis, chewing tobacco, cigarettes, e -cigarettes, cigars,
dipping tobacco, pipe tobacco, snuff, or any other preparation of tobacco.
O. "Tobacco Store" means a retail or wholesale business, with or without an
attached private smokers' lounge, that meets all of the following
requirements:
1. Primarily sells tobacco, tobacco products and tobacco paraphernalia.
Does not include merchandise that is generally associated with a head
shop which is prohibited in the City of Rohnert Park;
2. Generates more than sixty percent (60%) of its gross revenues annually
from the sale of tobacco, tobacco products and tobacco paraphernalia;
3. Prohibits any person who is under the age of eighteen (18) years of age
from being present or entering the premises unless accompanied by the
minor's parent or legal guardian; and
4. Does not sell food (including alcoholic beverages) for consumption on
the premises.
8.32.040 Prohibition on Smoking in Enclosed Areas.
A. Smoking shall be prohibited in the following enclosed areas unless
specifically exempted pursuant to section 8.32.060 of this Chapter
(Exceptions).
1. Anyplace of employment.
2. Multi unit residential developments as follows:
a. Enclosed common areas, including but not limited to a laundry
room, lobby or community center;
b. At least 75% of the units constructed after June 1, 2009, including
private outdoor spaces associated with the units, such as balconies,
patios and decks, shall be designated and maintained as non-
smoking. Non-smoking units shall be grouped together to the
maximum extent practical;
c. At least 50% of any units constructed before June 1, 2009, including
private outdoor spaces associated with the units, such as balconies,
patios and decks, shall be designated and maintained as non-
smoking. Non-smoking units shall be grouped together to the
maximum extent practical;
i. Any existing multi unit residential development has until June 1,
2011 to comply with the provisions herein;
ii. Any unit which has been designated non-smoking shall not be
subject to the restrictions of this Chapter as long as the unit is
occupied continually by the same resident who occupied the unit
on June 1, 2009 and until such time the resident voluntarily
vacates the unit; and
d. Every landlord/property manager shall maintain a list of designated
non-smoking units and a site plan identifying the relative position of
smoking and non-smoking units. The site plan shall also identify the
location of any designated smoking areas. A copy of this list and site
plan shall accompany every new lease or agreement for occupancy
of a unit within a multi -unit residential development. If a copy of the
list and site plan do not accompany the lease or agreement then the
unit shall be a non-smoking unit.
3. Any elevator, public restroom, service line (i.e. ATM), bus, limousine,
taxi cab, train, or other public transportation vehicle.
4. Any vehicle that is occupied by a minor (person under the age of 18
years of age).
5. On the premises of a licensed day care center and in a licensed family
day care home.
6. On the premises of a licensed, long-term, health care facility.
8.32.050 Prohibition on Smoking in Unenclosed Areas.
A. Smoking shall be prohibited in the following unenclosed areas unless
regulated by more restrictive state or federal law, in which case the state or
Federal law applies; or specifically exempted under section 8.32.060 of this
Chapter.
1. The strip of land which is located approximately one hundred (100) feet
south of the boundary of University Park Subdivision, immediately
adjacent to the north boundary of Rancho Cotati High School, and
within the strip from between the eastern most curb of Snyder Lane to
the western most property line of Sonoma State University and better
known by the Sonoma County Assessor's Office as: APN's 158-230-
065; -066, -069 and 158-220-074 and -075.
2. Multi unit residential development common areas, including but not
limited to: pools, walkways, gardens, play areas,
3. Any service line (i.e., ATM), bus stop, taxi stand or phone booth.
4. Within twenty (20) feet of the exit, entrance, or operable window of any
City owned building, except while actively passing on the way to
another destination.
5. Within twenty (20) feet of the exit, entrance, or operable window of any
private building or structure that is posted as nonsmoking, except while
actively passing on the way to another destination.
6. Within twenty-five (25) feet of a public playground or tot lot (sandbox)
areas.
7. Any business or place of employment in which food is being consumed
or where setup, service, and cleanup functions are occurring, including
but not limited to: dining areas, farmers markets, concerts, fairs and
other such events.
8. On the premises of a licensed day care center or licensed family day
care home.
8.32.060 Exceptions.
A. The following are exceptions to the smoking prohibitions in enclosed and
unenclosed areas.
1. A private smokers' lounge attached to a tobacco store, subject to the
following:
i. The tobacco store must have a conditional use permit and be located
on a site that is zoned for "C-R" - Regional Commercial land uses;
ii. The Tobacco Store shall have a minimum separation of five hundred
(500) feet between the use and a school, religious assembly, public
facility, multi -unit residential development or another Tobacco
Store; and
iii. The Tobacco Store shall not include a head shop or hookah bar. The
City of Rohnert Park prohibits head shops and hookah bars pursuant
to Municipal Code, Chapter 8.33 (Prohibition of Head Shops,
Hookah Bars, Tobacco Vending Machines and Self -Service
Displays).
2. Medical research or treatment sites, if smoking is integral to the
research and treatment being conducted.
3. A private residence, unless expressly prohibited by sections 8.32.040
(Prohibition on Smoking in Enclosed Areas) and 8.32.050 (Prohibition
on Smoking in Unenclosed Areas) e.g., licensed day care facility,
licensed health care facility or multi unit residential development.
4. A portion of the outdoor area of a multi -unit residential development
may be designated as a smoking area subject to the following
provisions:
i. Must be located at least 20 feet from any indoor area where smoking
is prohibited;
ii. Must not include, and must be at least 20 feet from any outdoor area
primarily used by children including, but not limited to, areas
improved or designated for play or swimming;
iii. Must have a clearly marked perimeter;
iv. Must be identified by conspicuous signs; and
v. Must not overlap with any area in which smoking is otherwise
prohibited by this Chapter
Public sidewalks unless otherwise prohibited.
8.32.070 Duty of Employers and Businesses
A. No employer or business entity_shall knowingly or intentionally permit or
engage in the smoking of tobacco or tobacco products in an area that is
under the employer's or business entity's control and in which smoking is
prohibited.
B. No employer or business entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as without limitation, ash
trays or cans within an area which is under the control of the employer or
business entity and in which smoking is prohibited.
C. Any employer or business entity that permits a nonemployee access to its
place of employment or business on a regular basis has not acted knowingly
or intentionally if it has taken the following reasonable steps to prevent
smoking by a nonemployee:
1. Posted clear and prominent signs, as follows:
a. Where smoking is prohibited throughout the building or structure, a
sign stating "No Smoking" shall be posted. The "No Smoking" sign
shall be of letters that are a minimum of one inch in height or the
international "no smoking" symbol. The sign shall be clearly and
conspicuously posted on the exterior of every building or other place
where smoking is controlled by this Chapter, by the owner, operator,
manager, or other person having control of such building or other
place. The sign shall include the distance limitations contained in
sections 8.32.050 (A) (4) and (5) of this Chapter as applicable; and
b. Where smoking is permitted in designated areas of the building or
structure, a sign stating "Smoking Is Prohibited Except in
Designated Areas" shall be posted at each entrance to the building or
structure.
2. Has requested, when appropriate, that a nonemployee who is smoking
refrain from smoking.
D. Any business, person, or other establishment which sells tobacco products
for consumption shall post plainly visible signs at each point of purchase of
tobacco products in compliance with the requirements of state law.
E. It is unlawful for any business, person, or other establishment to sell, offer
to sell, or permit to be sold any tobacco product to a minor individual
eighteen (18) years of age or younger. Identification shall be requested
unless there is reasonable basis to determine that the buyer is not a minor.
F. Notwithstanding any other provision of this Chapter, any employer,
business entity or person who controls any area may declare that any part of
such area in which smoking would otherwise be permitted to be a
nonsmoking area.
8.32.080 Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner, retaliate
against any employee or applicant for employment because such employee or
applicant exercises any rights afforded by this Chapter.
8.32.090 Violations and Penalties.
A. Any violation of any prohibition of this Chapter is an infraction, punishable by a
fine not to exceed that which is set by Municipal Code Chapter 1.16 (General
Provisions).
B. Smoking in any area where smoking is prohibited by this Chapter constitutes a
public nuisance and may be abated as such including the application of any of the
enforcement remedies provided in the City of Rohnert Park's Municipal Code or
under any applicable state or federal statute or pursuant to any other lawful power
the City may possess.
C. Any private person who claims violation of this Chapter may bring a civil action fo
damages or for injunctive relief in accordance with applicable laws governing such
civil actions.
8.32.100 Interpretation.
This Chapter shall not be interpreted or construed to permit smoking where is it
otherwise restricted by state or federal law.
8.32.110 Effective Date.
The provisions of this Chapter shall be effective thirty days (30) from and after the
date of its adoption and publication or posting as required by law.
EmC'i*garettes:
Challenges and Opportunities for California
1-1
0 A �
,r'
A Report on the Regulatory,
Tax Policy and Health Dangers
of Nicotine's Newest Hook
FIONA MA, CPA
Member, California State Board of Equalization
Sacramento Office
1215 K Street, Suite 1700
Sacramento, CA 95814
Office: 1-916-445-4081
Fax: 1-916-324-2087
San Francisco District Office
455 Golden Gate Avenue,
Suite 10500
San Francisco, CA 94102
Office: 1-415-557-3000
Fax: 1-415-557-0287
Dear Legislator,
As part of the Legislature's deliberations on the availability, sale and popularity of "E -cigarettes"
in California, and the several bills that have been introduced addressing these products, my office
has released the enclosed report studying the scope of the industry, as well as the current state of
regulation and taxation on these devices.
What is truly shocking about E -cigarettes is the total lack of regulation at the state and federal
level. Unlike traditional tobacco cigarettes, there are no bans on marketing—including
advertisements and product tie-ins that are clearly and overtly aimed at children. This is
particularly insidious, considering the emerging body of research demonstrating that these
devices are neither safe nor harmlessin fact, E -cigarettes contain dangerous chemicals like
formaldehyde, cadmium, and nickel.
Perhaps the most important element that the Legislature needs to consider is the fact that in the
eyes of the law, selling an E -cigarette device is no different than selling an iPod. Sales and use
tax is paid by the consumer, but unlike other tobacco and nicotine products, the state does not
recoup any additional revenues that can be used to offset the long-term costs the state incurs in
providing healthcare to those who use these dangerous substances.
My office is ready and eager to assist you in your deliberations. There are a number of important
challenges in regulating and taxing E -cigarette devices, and we are happy to facilitate further
study and information as you debate these important questions.
In Peace and Friendship,
Fiona Ma, Second District
Board of Equalization
E -cigarettes:
E -cigarettes are battery powered devices that heat a liquid substance, which frequently contains
nicotine and other harmful chemicals, for the purposes of inhalation by the user. When the
charge from the battery warms the liquid it creates a vapor that resembles smoking a
conventional cigarette. The liquid used in E -cigarettes comes in a variety of different flavors and
is commonly referred to as "e juice." Some E -cigarettes, predominately those produced by major
tobacco companies, supply the e -juice in sealed cartridges. However, vaporization pens are
widely sold where a smoker can apply their own e juice into the device. The use of E -cigarettes
has skyrocketed since they were first introduced in the United States in 2007.
There is widespread debate about the health benefits of E -cigarettes. Tobacco companies claim
that E -cigarettes are not as harmful as conventional cigarettes and that E -cigarettes can be used
to curb cigarette smoking. However, these claims are refuted by strong scientific evidence that
claims that E -cigarettes can be just as harmful as conventional cigarettes. In addition, claims that
use of E -cigarettes curbs conventional smoking rates are, at best, limited, with numerous studies
finding no demonstrable link between the use of E -cigarettes and smoking cessation.
E -cigarettes are marketed just as conventional cigarettes were before federal bans were instituted
in 1970, meaning E -cigarette companies are free to advertise on television, radio, and print
media. Numerous health advocates have cautioned that E -cigarette marketing is targeted very
appealingly to minors. There is very little regulation at either the federal or state level for E -
cigarettes.
Health Effects of E -cigarettes:
Nicotine is a highly addictive toxin whose addictive properties rival hard drugs like heroin or
cocaine. Nicotine usage is responsible for a litany of health problems. For example, nicotine
adversely affects the human cardiovascular system. Nicotine constricts blood vessels, which
raises blood pressure and pulse rates. Nicotine adversely affects maternal and fetal health.
Nicotine usage has been linked to premature births, low birth weights and stillbirths.
Preliminary reports show that nicotine from E -cigarettes has similar negative effects associated
with conventional cigarettes. Studies show that smoking E -cigarettes containing nicotine for just
five minutes produces a similar amount of lung irritation, blood pressure spikes and
inflammation as smoking a conventional cigarettes .
1 Champan, Ron, MD, MPH, California Department of Public Health, State Health Officers Report on E -cigarettes,
A Community Health Threat, (pg. 5).
Page 1 of 5
There is a common misconception that E -cigarettes don't emit harmful chemicals. However, E -
cigarettes emit a variety of chemicals that are toxic to the body. Many of these chemicals are
listed as carcinogens by the State of California (Proposition 65) including benzene, cadmium,
lead, nickel, and formaldehyde, all of which have been linked to negative health outcomesZ.
Another common misconception about the use of E -cigarettes is that they can be used to help
smokers quit smoking entirely. This purported claim of E -cigarettes has already been used in
advertisements for E -cigarette products. However, there is a lack of strong evidence that E -
cigarettes are more effective in assisting smokers in quitting the habit. Recent studies show that
89 percent of E -cigarette smokers are still smoking a year later,3 a similar finding to other
smoking -cessation therapies that incorporate nicotine (such as nicotine patches or gums).
In addition, accidental cases of poisoning of children aged five years or younger has increased
dramatically, from 7 in 2012, to 154 in 20144. E -cigarette liquids are available in a wide variety
of flavors that appeal to small children. For example, e juices are sold in a variety of different of
candy flavors. 5
Regulation:
E -cigarettes are not regulated federally or on the state level like tobacco. In fact, E -cigarettes are
for the most part unregulated. There are no federal bans on E -cigarette advertising, or where E -
cigarettes can be sold. The State of California also does not ban the use of E -cigarettes in public
places, such as bars or restaurants, although many local governments have imposed bans within
their own jurisdictions, including Los Angeles and San Francisco. Neither federal law nor
California law treats E -cigarettes as tobacco products. Federally, there is no ban on selling E -
cigarettes to minors. Many states also don't have bans on selling E -cigarettes to minors.
California banned the sale E -cigarettes to minors in 20116. In January 2015, the California
Department of Public Health issued a report stating that E -cigarette use is a major public health
concern. Currently there are pending legislative proposals in California to regulate the use of E-
Z Champan, Ron, MD, MPH, California Department of Public Health, State Health Officers Report on E -cigarettes,
A Community Health Threat, (pg. 6); State of California Environmental Protection Agency, Chemicals Known to
The State To Cause Cancer Or Reproductive Toxicity. January 23, 2015 (Online)
3 Champan, Ron, MD, MPH, California Department of Public Health, State Health Officers Report on E -cigarettes,
A Community Health Threat, (pg. 3).
4 Champan, Ron, MD, MPH, California Department of Public Health, State Health Officers Report on E -cigarettes,
A Community Health Threat, (i).
5 Champan, Ron, MD, MPI I, California Department of Public Health, State I Iealth Officers Report on E -cigarettes,
A Community Health Threat, (pg. 3).
6 California Health and Safety Code, Section 119405
Page 2 of 5
cigarettes. Senator Mark Leno has introduced legislation to ban the use of E -cigarettes in public
places where tobacco use is banned. This ban would include bars, restaurants, hospitals, etc. In
addition, Senator Jerry Hill introduced legislation this year that would require retailers to apply
for a license to sell E -cigarettes. Senator Hill's legislation would also require that e juices for E -
cigarettes be stored in child -proof packaging$.
Marketing:
Since federal legislation was enacted in 1970, conventional cigarette advertising in television and
radio has been banned in the United States9. Cigarette advertising is also banned in many nations
around the world. However, E -cigarette advertising currently does not have the same regulations.
E -cigarettes ads have been shown on many popular television programs. For example, the E -
cigarette company NJOY ran commercials during the 2013 Super Bowl. E -cigarette companies
also heavily advertise on social media sites like, Facebook and YouTube.
E -cigarette advertising employs many of the same techniques that large tobacco companies used
before the 1970 advertising ban. E -cigarette advertising tends to promote the idea that smoking
E -cigarettes is fun, cool, and sexy. Much of E -cigarette advertising is directed towards teens. For
example, cartoon characters like "Hello Kitty" have been used to advertise E -cigarettes. Also,
many of the e juices on the market sell a variety of candy flavored liquid. Most E -cigarette
companies publicly condemn marketing toward youth; nevertheless, marketing industry data
suggests that E -cigarette advertising strategies are reaching children and teenagers. For example,
73 percent of youth 12-17 years of age were exposed to E -cigarette advertising by the company
Blulo
The major E -cigarette brands are owned by large tobacco companies. R.J. Reynolds currently
owns the VUSE E -cigarette; Lorillard Tobacco Company owns Blu; and Phillip Morris owns
HeatSticks t. For example, as of 2013, Lorillard Tobacco Company owns 49% of the market
share in the E -cigarette industry. HeatSticks is the first brand to heat leaf tobacco to create a
vapor. One issue of particular note is the efforts of R.J. Reynolds' petition to the U.S. Food and
Drug Administration (FDA) to ban E -cigarette systems that use e juices, which can be added by
the smoker. R.J. Reynolds claims that E -cigarette systems where the smoker can add e -juice are
dangerous because those types of e juices don't have the health regulations a major tobacco
company would have. R.J. Reynolds also argues that pre -loaded cartridges in E -cigarettes allow
7 Senate Bill 140, Senator Mark Leno (2015)
8 Senate Bill 24, Senator Jerry Hill (2015)
9 15 United States Code, Sections 1330-1336
io Champan, Ron, MD, MPH, California Department of Public Health, State Health Officers Report on E -cigarettes,
A Community Health Threat, (pg. 8).
11 Forbes, E -cigarettes Are Smoking Kot -Four Ways To Invest In Them "December, 5, 2013
Page 3 of 5
companies to control what flavor of e juices they offer; thereby limiting marketing towards
minors
12.
Legislative Remedies:
There are a variety of different options Legislators have to tax E -cigarettes. The first option is to
define E -cigarettes as tobacco. However, this option would require a four-fifths vote by both
houses of the state Legislature. The four-fifths vote requirement is mandated by the Tobacco Tax
and Health Protection Act of 1988 (Proposition 99)13.
The second option would be to create a special category absent of tobacco for E -cigarettes and
ancillary E -cigarette products and apply a new tax for E -cigarettes. This option would require a
two-thirds vote in both houses of the state Legislature14. The third option would involve the state
Legislature placing an initiative to amend the state Constitution to tax E -cigarettes. As in option
2, this would take a two-thirds vote by both houses of the state Legislature. However, the
Governor does not sign initiatives proposed by the state Legislature15. Options 1 and 2 require a
signature by the Governor.
The fourth option would be for the state Legislature to issue fees for permits to sell E -cigarettes.
This option would only require a majority vote of each house of the state Legislature. This option
would generate lower amounts of revenue than taxing E -cigarettes.
Conclusion:
The collective findings of peer-reviewed studies clearly demonstrate that E -cigarette usage is
harmful to its users. E -cigarettes are not particularly more effective than other smoking cessation
methods like nicotine gum or patches with a low quit rate around 7 percent. Marketing for E -
cigarettes closely resembles the marketing of Big Tobacco companies before federal regulation.
Big tobacco companies predominately control the E -cigarette market. In addition, marketing of
E -cigarettes is very appealing to minors.
Policy makers must weigh the consequences of the continued, unregulated sale and marketing of
E -cigarettes. California has made tremendous strides in reducing the number of active smokers.
In 1984, approximately one quarter of all Californians were smokers; today, that number has
been dramatically reduced to less than 12 percent of the population. The continued prevalence of
E -cigarettes represents a pathway to reversing decades of progress in smoking cessation efforts.
12 Winston-Salem Journal, Reynolds American wants FDA to ban vapor e-cigs, September 7, 2014
13 Section 12, Article XIII (B), California Constitution
14 Section 2, Article XIII(A), California Constitution
is Section 1, Article XVIII, California Constitution
Page 4 of 5
In addition, E -cigarette sales are not presently taxed in the same way that alcohol, tobacco or
other similar products are taxed. Retailers of E -cigarettes need only remit the sales tax on the
products, which is counterproductive for two primary reasons. First, it means that state policy is
inconsistent with the intent of anti-smoking legislation like Proposition 10 (the Children and
Families First Act) which was passed by the voters in 1998 and increased tobacco taxes by $0.50
per pack of cigarettes to fund smoking cessation and children's health programs. Had E -
cigarettes been on the market in 1998, they would have almost certainly fallen under the purview
of Proposition 10. Second, failing to tax E -cigarettes means that the state is not capturing
revenues which would otherwise offset the costs associated with the presence of E -cigarettes in
California (e.g. increased costs to law enforcement for theft; future healthcare treatment costs).
This presents the Legislature and the Governor with the unique opportunity to generate revenues,
build on California's success in curbing smoking, and establish a national standard for the
regulation of sales, marketing and distribution of a product with demonstrated long-term health
consequences. Notwithstanding the questions of regulation on the sales and marketing of E -
cigarettes and their attendant products and accessories, implementing a tax could generate tens of
millions of dollars per annum, increasing the available funding for crucial programs. Further
economic studies need to be conducted to accurately estimate potential tax revenue from E -
cigarettes.
California should continue the progress that has been made on tobacco cessation efforts, and
implement a regulatory scheme and tax structure to control the sale of E -cigarettes. Particular
emphasis with respect to the issues of accessibility to minors and capturing revenues that are not
presently being captured, is a crucial state challenge; one that policy makers must address.
Page 5 of 5
�vj
City of Rohnert Park
Planning Commission Report
DATE: March 24, 2016
ITEM NO: 8.2
SUBJECT: PLMC2015-0001 Consider Removing Boat, RV and Outdoor Storage
Facilities, Self -Storage Facilities and Vehicle Storage Yards From the List of
Permitted and Conditionally Permitted Uses.
LOCATION: I -L Industrial
REQUEST: Consideration of Resolution No. 2016-02, recommending to the City Council
an amendment of the City of Rohnert Park Zoning Ordinance Chapter
17.06. 100 (Permitted Use) to eliminate Self -Storage Facilities, Vehicle Storage
Yards, Boat, RV and Outdoor Storage from the list of permitted or
conditionally permitted uses in the I -L Industrial District and Chapter
17.07.020 (Land Use Footnotes/Special provisions) to delete Footnotes E
(Boat, RV and Outdoor Storage and Y (Self -Storage Facility).
APPLICANT: City of Rohnert Park
Subject
At its meeting of January 14, 2016, after review and discussion, the Planning Commission
concurred that the following uses be removed from the list of permitted and conditionally
permitted land uses in the I -L Industrial Zoning District:
• Boat, RV and Outdoor Storage Facilities
• Self -Storage Facilities
• Vehicle Storage Yard
Page 1
The Commission asked staff to come back with a Resolution supporting their action. Attached is
Resolution No. 2016-02 supporting the Commission's recommendation to the City Council. If
removed, these land uses would no longer be permitted in the City of Rohnert Park and existing
uses would become legal non -conforming and could remain but not be expanded.
Staff Analysis
After the Commission adopts the Resolution this matter will go before the City Council for its
consideration.
Environmental Determination
This code amendments under consideration are not subject to CEQA pursuant to Sections
15060(c) (2) (the activity will not result in a direct or reasonable foreseeable indirect physical
change in the environment) and 15060(c) (3) (the activity is not a project as defined in Section
15378 of the CEQA Guidelines, because it has no potential for resulting in a physical change to
the environment, directly or indirectly).
Public Notification
This item has been duly noticed by publication in the Community Voice for the
Consideration of Resolution No. 2016-02, recommending to the City Council an amendment of
the City of Rohnert Park Zoning Ordinance Chapter 17.06. 100 (Permitted Use) to eliminate Self -
Storage facilities, Vehicle Storage Yards, Boat, RV and Outdoor Storage from the list of
permitted or conditionally permitted uses in the I -L Industrial District and Chapter 17.07.020
(Land Use Footnotes/Special Provisions) to delete Footnotes E (Boat, RV and Outdoor Storage)
and Y (Self -Storage Facility).
Staff Recommendation
Based on the above analysis staff recommends that the Planning Commission forward a
recommendation to the City Council to eliminate Self -Storage facilities, Vehicle Storage Yards,
Boat, RV and Outdoor Storage from the list of permitted or conditionally permitted uses in the I-
L Industrial District and Chapter 17.07.020 (Land Use Footnotes/Special Provisions) to delete
Footnotes E (Boat, RV and Outdoor Storage) and Y (Self -Storage Facility).
Attachments: 1. Resolution No. 2016-02
APPROVALS:
�AA
Norinq WSisbrod,� Technical visor
Jjf eisw er, Planning Manager
Page 2
�-)Y,/ G
Date
Date
PLANNING COMMISSION RESOLUTION NO. 2016-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL AN
AMENDMENT OF THE CITY OF ROHNERT PARK ZONING ORDINANCE
CHAPTER 17.06.100 (PERMITTED USE) TO ELIMINATE SELF -STORAGE
FACILITIES, VEHICLE STORAGE YARDS, BOAT, RV AND OUTDOOR STORAGE
FROM THE LIST OF PERMITTED OR CONDITIONALLY PERMITTED USES IN
THE I -L INDUSTRIAL DISTRICT AND CHAPTER 17.07.020 (LAND USE
FOOTNOTES/SPECIAL PROVISIONS) TO DELETE FOOTNOTES E (BOAT, RV AND
OUTDOOR STORAGE) AND Y (SELF -STORAGE FACILITY)
WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No.
PLMC2015-0001 to recommend to the City Council an amendment of the City of Rohnert Park
Zoning Ordinance Chapter 17.06. 100 (Permitted Use) to eliminate Self -Storage facilities,
Vehicle Storage Yards, Boat, RV and Outdoor Storage from the list of permitted or conditionally
permitted uses in the I -L Industrial District and Chapter 17.07.020 (Land Use Footnotes/Special
Provisions) to delete Footnotes E (Boat, RV and Outdoor Storage) and Y (Self -Storage Facility);
and
WHEREAS, the proposed amendments to Chapter 17.06. 100 (Permitted Uses) and
Chapter 17.07.020 (Footnotes E and Y) would eliminate those uses in the I -L Industrial Zoning
District.
WHEREAS, the purpose of the revisions is to promote the highest and best uses of I -L
Industrial zoned land and discourage uses that have few employees compared to most industrial
uses, produce no sales tax and may have a lower assessed building valuation than the typical
manufacturing or warehouse/distribution/office use; and
WHEREAS, the proposed changes to Chapter 17.06. 100 and Chapter 17.07.020 are
attached hereto as Exhibit A;
WHEREAS; pursuant to California State Law and the Rohnert Park Municipal Code
(RPMC), public notice was published in the Community Voice for a minimum of 10 days prior
to the first public hearing; and;
WHEREAS; on March 24, 2016, the Planning Commission held a public hearing at
which time interested persons had an opportunity to testify either in support or opposition to the
proposal; and
WHEREAS; the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2015-0001 for the proposed amendments to
Chapter 17.06. 100 (Permitted Uses) and Chapter 17.07.020 (Footnotes/Special Provisions) in the
I -L Industrial District to eliminate those uses in the I -L Industrial Zoning District of the Zoning
Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed special provisions amendments to Chapter 17.06. 100 (Permitted Uses) and
Chapter 17.07.020 (Footnotes/Special Provisions) in the I -L Industrial District of the City of
Rohnert Park Zoning Ordinance;
Section 1. The above recitations are true and correct.
Section 2. Findings for Enactment of Amendments to Chapter 17.06. 100 (Permitted
Uses) and Chapter 17.07.020 (Footnotes/Special Provisions) in the I -L Industrial District of the
City of Rohnert Park Zoning Ordinance. The Planning Commission hereby makes the following:
1. That the proposed amendments to the Zoning Ordinance are consistent with the
General Plan 2020.
Criteria. Satisfied. The proposed amendments are consistent with the Classification
of Industrial uses within General Plan 2020. This designation accommodates campus -
like environments for corporate headquarters, research and development facilities,
offices, light manufacturing and assembly, industrial processing, general service,
warehousing, storage and distribution and service commercial uses.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria. Satisfied. The proposed amendments will benefit the public by eliminating
uses that have resulted in police calls for illegal activities including people living in
self -storage units, petty theft, suspicious persons, suspicious circumstances and grand
theft. With no additional self -storage facilities or storage of vehicles, boats, RVs and
general outdoor storage there will be a reduction in calls for Public Safety assistance
in these facilities.
Section 3. Environmental Clearance.
The Planning Commission determined that the project is exempt from the California
Environmental Quality Act (CEQA) under the General Rule exemption.
Section 4. A duly noticed public hearing concerning amendment to Chapter
17.06. 100 (Permitted Uses) and Chapter 17.07.020 (Footnotes/Special Provisions) in the
I -L Industrial District of the City of Rohnert Park Zoning Ordinance was held by the
Planning Commission on March 24, 2016.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
does hereby recommend that the City Council adopt Findings stated hereinabove and adopt an
ordinance amending the City of Rohnert Park Zoning Ordinance Chapter 17.06. 100 (Permitted
Uses) to eliminate Self -Storage Facilities, Vehicle Storage Yards, Boat, RV and Outdoor Storage
from the list of permitted or conditionally permitted uses in the I -L Industrial District and
Chapter 17.07.020 (Land Use Footnotes/Special Provisions) to delete footnotes E (Boat, RV and
Outdoor Storage) and Y (Self -Storage Facility), in the form provided in Exhibit A.
DULY AND REGULARLY ADOPTED on this 24th day of March, 2016 by the City of
Rohnert Park Planning Commission by the following vote:
AYES: NOES:
ADAMS BLANQUIE
Attest:
ABSENT: ABSTAIN:
BORBA GIUDICE HAYDON
John Borba, Chairperson, Rohnert Park Planning Commission
Susan Azevedo, Recording Secretary
EXHIBIT A
Chapter 17.07
LAND USE FOOTNOTES/SPECIAL PROVISIONS
Sections
I�1-7-.0-1 pttrpose
17.07.020 Footnotes
A. Adult Entertainment
B. Arcade Games
C. Automobile Service Station
D. Bed & Breakfast Inn
E. Beat,
RV and Outdoei- Stofage
F. Communication Facilities
G. Day Care Home, Family
H. Density Bonus
1. Drive -Through Window
J. Firearm Dealers and Firearm Ammunition Dealers
K. Hazardous Materials
L. Home Occupations
M. Homeless Shelter
N. Inclusionary Housing
O. Kennel (Commercial and Noncommercial)
P. Live/Work
Q. Manufactured Housing
R. On -Sale and Off -Sale Liquor
S. Outdoor & Sidewalk Cafe
T. Permit a Use Listed in a Less Restricted District in a More Restrictive
District
U. Recreational Courts
V. Recycling Facility
W. Residential Conversion to Non -Residential Uses
X. Second Residential Unit (a.k.a. in-law or granny units)
S efage Facility
Z. Single -Room Occupancy Facility
AA_ Small Animals
BB. Small Wind Energy Systems
CC. Swimming Pools, Spas and Hot Tubs
DD. Temporary Construction Buildings and Uses
EE. Temporary Use/Event
FF. Vehicular Dealership/Rental (including boats, RVs, and farm and
construction equipment)
GG. Vehicle Repair/Body Shops
HH. Condominium Conversions
Public and utility services including emergency access shall be adequate to serve
the maximum number of occupants proposed.
No more than five (5) rooms shall be rented for lodging unless the Planning
Commission can make an additional special finding that due to the size of the
property, the relationship to surrounding residential properties and the
availability of on-site parking, that more guest rooms will not negatively
impact the residential neighborhood. In no case shall there be more than 10
guestrooms.
Rooms shall be rented for no more than 14 consecutive days.
No internal illumination of any signage from an interior light source shall be
permitted and all signs shall be subject to Planning Commission approval.
Signage shall only identify, rather than advertise, the establishment. The
words "hotel" or "motel" shall not be allowed.
The facility is located on or within 500' of an arterial or collector street
No Bed and Breakfast Inns shall be located on a lot closer than 500 feet from any
other lot containing a Bed and Breakfast Inn.
The only meal provided shall be breakfast. Other meals may be served at Special
Events.
On-site required parking that is not located within a garage or on the paved
driveway for the garage shall be screened from view.
The Planning Commission may allow Special Events at the facility if such events
are permitted or conditionally permitted in the district in which the Bed and
Breakfast is located. If the Planning Commission determines that the proposed
Bed and Breakfast Inn is an appropriate location for Special Events to occur
with regard to, but not limited to, access, property size, parking, and
surrounding uses, additional conditions relating to hours of operation, number
of guests, additional parking requirements and music or entertainment
provisions may be imposed.
Val JrWA
r r
F. COMMUNICATION FACILITIES
12. There shall be adequate water and sewer service available to serve the second unit,
as determined by the City Engineer.
13. Before obtaining an occupancy permit for a second residential unit, the property
owner shall file with the County Recorder a declaration of restrictions (i.e., deed
restriction) relative to the second unit stating that:
a. The second unit shall not be sold separately and shall be maintained in
accordance with the second unit requirements of the Rohnert Park Municipal
Code.
b. The second unit is restricted to the approved size, unless modified by future
City approvals.
c. The second unit shall remain affordable to lower income or very low income
households as defined by the California Department of Housing and
Community Development.
d. The zoning compliance for the second unit shall be in effect only so long as the
primary unit is occupied by the owner of record as their principal residence.
Should the second unit no longer be in compliance with this requirement, the
second unit shall be altered so as to prevent its use as a second unit (i.e.,
removal of cooking facilities).
e. The above declarations are binding upon any successor in ownership of the
property.
VL. SELF, STORAGC FACILIT-Y
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Z. SINGLE ROOM OCCUPANCY
1. Single Room Occupancy (SRO) living unit facility. An SRO living unit facility
may be permitted in indicated districts with approval of an administrative permit
and subject to the following conditions.
a. Excluding the closet and the bathroom area, a SRO living unit shall be a
minimum of 150 sq.ft. in floor area. The average unit size in a living unit
facility shall be no greater than 275 sq.ft. and no individual unit may exceed
400 sq.ft;
b. Each SRO living unit shall be designed to accommodate a maximum of two
persons;
c. An SRO living unit may contain partial kitchen facilities that are built-in and
approved by the Building Department;
d. Individual SRO living units shall not have separate external entryways;
e. An SRO living unit shall be provided with a kitchen equipped with a kitchen
sink; however, an SRO unit may contain partial kitchen facilities so long as a
sink is provided and kitchen facilities are provided on each floor accessible