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File #: ID 25-36    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 12/3/2024 In control: Planning Commission
On agenda: 1/15/2025 Final action:
Title: Consideration of Text Amendment Application No. P23-03410 and related Environmental Finding for Environmental Assessment No. P23-03410, amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. 1. RECOMMEND ADOPTION (to the City Council), 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. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P23-03410, to amend Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions.
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Fresno City Council Resolution No. 2022-052, 2. Exhibit B - 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 [01-15-2024]
REPORT TO THE PLANNING COMMISSION



January 15, 2025


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

THROUGH: ASHLEY ATKINSON, Assistant Director
Development Services Division

BY: PHILLIP SIEGRIST, Planning Manager
Development Services Division

SUBJECT
Title
Consideration of Text Amendment Application No. P23-03410 and related Environmental Finding for Environmental Assessment No. P23-03410, amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions.

1. RECOMMEND ADOPTION (to the City Council), 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. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P23-03410, to amend Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions.
Body
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.


BACKGROUND / ANALYSIS

Current regulations for tobacco and vapor sales included in Fresno Municipal Code (FMC) Section 15-2761 are limited to restrictions on signage when establishments are near sensitive uses. Specifically, any establishment located within 400 feet of a park, school (private or public), day care, or other youth-sensitive places (e.g., boys and girls club, youth activity centers) may not advertise smoking sales (such as for tobacco, vapor, or similar...

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