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File #: ID 25-584    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 4/17/2025 In control: City Council
On agenda: 4/24/2025 Final action:
Title: Actions pertaining to a Bill for Adoption amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. 1. ADOPTION of a finding set forth in Environmental Assessment No. P23-03410 dated January 15, 2025, that Text Amendment Application No. P23-03410 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. 2. ***BILL No. 11 (Introduced March 13, 2025) (For Adoption) amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. (Subject to Mayor's Veto)
Sponsors: Annalisa Perea, Miguel Angel Arias, Nelson Esparza
Attachments: 1. Exhibit A - Fresno City Council Resolution No. 2022-052, 2. Exhibit B - Draft Ordinance Amending Sections 15-2761 & 16-6802 of the Citywide Development Code, 3. Exhibit C - Public Notice, 4. Exhibit D - Fresno Municipal Code Findings, 5. Exhibit E - Environmental Assessment No. P23-03410 [January 15, 2024], 6. Exhibit F - Industry Meeting Summary, 7. Exhibit G - Public Comments, 8. Exhibit I - PowerPoint Presentation, 9. Supplement Packet - 9 15 ID 25-132, 10. Supplemental Public Comment Packet - 9 15 AM ID 25-132_Redacted, 11. 9 15 -2-ID 25-311 -Supplemental Packet - Public Comment_Redacted, 12. 915AM #2 25-311 D3 Presentation
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REPORT TO THE CITY COUNCIL


FROM: JENNIFER K. CLARK, Director
Planning and Development Department

THROUGH: ASHLEY ATKINSON, Assistant Director
Planning and Development Department

BY: PHILLIP SIEGRIST, Manager
Development Services Division


SUBJECT
Title
Actions pertaining to a Bill for Adoption amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions.
1. ADOPTION of a finding set forth in Environmental Assessment No. P23-03410 dated January 15, 2025, that Text Amendment Application No. P23-03410 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
2. ***BILL No. 11 (Introduced March 13, 2025) (For Adoption) amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. (Subject to Mayor's Veto)

Body
RECOMMENDATION

Staff is recommending approval of Text Amendment Application No. P23-03410 amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions and adoption of the related Environmental Assessment P23-03410 dated January 15, 2025.

EXECUTIVE SUMMARY

Text Amendment Application No. P23-03410 proposes an amendment to Section 15-2761 of the Development Code to establish additional regulations for tobacco and vapor sales and establish new regulations for Smoke Shops including amortization of Existing Smoke Shops. In addition, the proposed Text Amendment would add new terms and definitions to Section 15-6802 of the Development Code.

On March 13, 2025, the proposed Text Amendment was brought before the City Council for introduction. A motion was made by Councilmember Arias to adopt the legislation with amendments to the Text Amendment, however, that motion did not pass by a tie vote of 3-3.

In accordance with Fresno City Charter (...

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