La Verne City Zoning Code
CHAPTER 18
90 SMOKING AND VAPING USES
§ 18.90.010 Purpose.
The city council finds that smoking and vaping uses have been associated with increases in noise, loitering, odors, public nuisance, and disturbances of the peace. The city council also finds that smoking and vaping uses expose minors to secondhand byproducts and increase the potential for minors to associate smoking and vaping with a normative or healthy lifestyle. The purpose of this chapter is to mitigate the negative impacts associated with smoking and vaping uses in order to serve the public health, safety, and welfare of residents and businesses within the city.
(Ord. 1071 § 7, 2016)
§ 18.90.020 Definitions.
means a use that is an accessory to the primary/principal use and located on the same property as such principal use. An accessory use shall generally be considered less intense as it relates to square footage, activity, and traffic generation.
See "Smoking lounge."
means an electronic and/or battery-operated device used to provide an inhalable dose of nicotine or other substance by delivering a vaporized solution. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed physician.
See "Smoking lounge."
means any facility or location whose business operation, whether as a primary use or an accessory use, is characterized by the sale, offering, and/or preparation of smoking tobacco, cigars, hookah, electronic cigarettes, or similar products, including, but not limited to, establishments known variously as hookah parlors, vaping lounges, or cigar bars.
means a smoke shop, electronic cigarette retailer, vapor cigarette retailer, or any other retail business where more than twenty-five percent of the floor area is dedicated to the sale of tobacco, electronic cigarettes, and related products primarily for off-site consumption.
See "Smoking lounge."
See "Smoking/vaping retailer."
(Ord. 1071 § 7, 2016)
§ 18.90.030 Conditional use regulations.
All smoking and vaping uses requiring a conditional use permit must comply with the conditional use permit procedural requirements outlined in Chapter 18.108 of the La Verne Municipal Code. In addition, specific uses must comply with the specific regulations outlined below.
A.
Smoking/Vaping Retailer.
1.
Establishment of a smoking/vaping retail business within one thousand feet of a public or private school facility, park, religious institution, youth facility, or other sensitive land uses, whether said uses are within or outside of the boundaries of the city of La Verne, is strictly prohibited.
2.
Establishment of a smoking/vaping retail business within one thousand feet from another approved smoking/vaping retail business is strictly prohibited.
3.
There shall be no obstructions within the storefront windows and doors which would hinder visual inspection of the interior of the tenant space from the outside of the premises during operating hours. Obstructions would include signage, window tint, window coverings, advertisements, etc.
B.
Smoking Lounge (Primary Use).
1.
Establishment of a smoking lounge (primary use) within one thousand feet of a public or private school facility, park, religious institution, youth facility, or other sensitive land uses, whether said uses are within or outside of the boundaries of the city of La Verne, is strictly prohibited.
2.
Establishment of a smoking lounge (primary use) within one thousand feet from another approved smoking lounge (primary use) is strictly prohibited.
3.
Adequate ventilation shall be provided in accordance with all requirements imposed by the building official and fire department, or as otherwise required by state or federal laws. At a minimum, the ventilation system shall also be designed to prevent the spread of smoke and fumes into adjacent tenant buildings/suites.
C.
Smoking Lounge (Accessory Use). Adequate ventilation shall be provided in accordance with all requirements imposed by the building official and fire department, or as otherwise required by state or federal laws. At a minimum, the ventilation system shall also be designed to prevent the spread of smoke and fumes into adjacent tenant buildings/suites.
(Ord. 1071 § 7, 2016)
§ 18.90.040 Measurement of distance.
Distance shall be measured from the nearest entrance used by patrons of a smoking or vaping use along the shortest route intended and available for public passage to the entrance of the other specific establishment, or to the nearest property line of any other sensitive use.
(Ord. 1071 § 7, 2016)
§ 18.90.050 Amortization and discontinuance of nonconforming smoking and vaping establishments.
Notwithstanding any other provision of this code to the contrary, the following shall apply with respect to smoking and vaping establishments legally existing as of January 20, 2017.
A.
All smoking/vaping establishments shall be required to obtain a conditional use permit no later than January 20, 2020.
1.
Any smoking/vaping establishment which had obtained a conditional use permit under the prior regulations need not obtain a new conditional use permit. The provisions of this chapter shall take precedence over any conditions of the conditional use permit to the contrary.
2.
Any smoking/vaping establishment that is located in a zone in which smoking and vaping establishments are not allowed must cease operations at that location no later than January 20, 2020.
3.
Any smoking/vaping establishment that is currently located within one thousand feet of a sensitive or similar use as outlined in Section 18.90.030(A) and (B) must cease operations at that location no later than January 20, 2020.
B.
A nonconforming smoking/vaping establishment shall terminate if it is discontinued for a period of ninety consecutive days or if the smoking/vaping establishment fails to timely apply for and obtain a conditional use permit. Notification of the termination shall be provided to the owner(s) of the business and the owner(s) of record of the property upon which a smoking/vaping establishment is located, hereafter referred to as the "interested parties." Notice of the pending termination shall be provided in writing by the community development department, served by certified, return receipt, first class mail. Notification shall contain the following information:
C.
Any interested party may appeal the proposed termination of a nonconforming smoking/ vaping establishment pursuant to the following administrative procedure:
1.
No later than three months prior to the expiration of the amortization period set forth in subsection A above, or within thirty calendar days of the notice of the termination set forth in subsection B above, the interested party may file a written appeal to the community development director. The request shall state all reasons, including, but not limited to, alleged abridgements of the appellant's constitutional rights, and why the termination should not be made effective on the date proposed.
2.
Within thirty calendar days of service of said appeal the community development director shall meet with the interested party and/or representative to discuss the termination and the appeal. Notice of the meeting shall be provided to all interested parties and shall be given at least five calendar days before the meeting. No later than ten calendar days following the meeting the community development director shall provide written notice of his or her decision to all interested parties.
3.
No later than fifteen days of service of said written decision by the community development director, any interested party may appeal the decision to the city council by submitting a written notification of the appeal to the city clerk and paying an appeal fee as established from time to time by resolution of the city council.
4.
No later than forty-five days from the receipt of the appeal, the city clerk shall place the appeal on the city council's agenda and shall cause notice of said appeal to be published once.
5.
The city council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the city council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action.
6.
The person requesting the extension shall bear the burden of proof in establishing that the amortization period established by this section is unreasonable and that the requested extension is a reasonable amortization period. In determining whether to grant an extension, the following factors shall be considered:
a.
The amount of investment in the business;
b.
The present actual and depreciated value of business improvements;
c.
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalent;
d.
The remaining useful life of the business improvements;
e.
The remaining lease term;
f.
The ability of a business and/or land owner to change the use to a conforming use;
g.
The opportunity for relocation to a legally permissible site and the cost of relocation; and
h.
The date upon which the property owner and/or business owner received notice of the nonconforming status of the smoking/vaping establishment business and the amortization requirements.
7.
Absent a timely appeal, the decision of the community development director, or the planning commission, shall be final and conclusive. The decision of the city council on appeal shall be final and conclusive unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6.
(Ord. 1071 § 7, 2016)