CITY OF MERCED - File #: 21-768

• File #: 21-768
• Version: 1
• Type: Public Hearing Item
• Status: Failed
• File created: 9/10/2021
• In control: City Council/Public Finance and Economic Development Authority/Parking Authority
• On agenda: 10/18/2021
• Title: SUBJECT: Public Hearing to Consider Introduction of an Ordinance Amending Section 20.44.160 of the Merced Municipal Code Regarding Tobacco Sales Near Schools and Adoption of a Categorical Exemption (Zoning Ordinance Amendment #21-03), as Requested by Ashley Investments REPORT IN BRIEF Considers introducing an Ordinance amending Section 20.44.160 of the Merced Municipal Code Regarding Tobacco Sales Near Schools, which would more closely match the regulations for Commercial Cannabis Permits and allow for exceptions to be made under certain circumstances for tobacco retailers near youth-oriented facilities. RECOMMENDATION City Council - Adopt a motion: A. Adopting a Categorical Exemption (Environmental Review #21-24); and, B. Introducing Ordinance 2535, an Ordinance of the City Council of the City of Merced, CA, amending section 20.44.160 "Tobacco Sales Prohibited Near Schools" of the Merced Municipal Code regarding tobacco sales near schools and other sensitive uses.

Date	Ver.	Action By	Action	Result
10/18/2021	1	City Council/Public Finance and Economic Development Authority/Parking Authority	approved	Fail

Report Prepared by: Kim Espinosa, Planning Manager, Development Services Department

Title
SUBJECT: Public Hearing to Consider Introduction of an Ordinance Amending Section 20.44.160 of the Merced Municipal Code Regarding Tobacco Sales Near Schools and Adoption of a Categorical Exemption (Zoning Ordinance Amendment #21-03), as Requested by Ashley Investments

REPORT IN BRIEF
Considers introducing an Ordinance amending Section 20.44.160 of the Merced Municipal Code Regarding Tobacco Sales Near Schools, which would more closely match the regulations for Commercial Cannabis Permits and allow for exceptions to be made under certain circumstances for tobacco retailers near youth-oriented facilities.

RECOMMENDATION
City Council - Adopt a motion:

A. Adopting a Categorical Exemption (Environmental Review #21-24); and,

B. Introducing Ordinance 2535, an Ordinance of the City Council of the City of Merced, CA, amending section 20.44.160 "Tobacco Sales Prohibited Near Schools" of the Merced Municipal Code regarding tobacco sales near schools and other sensitive uses.

Body
ALTERNATIVES
1. Approve the Zoning Ordinance Amendment as recommended by the Planning Commission and Staff; or,
2. Modify the Zoning Ordinance Amendment with specific modifications as spelled out in the Council motion; or,
3. Deny the Zoning Ordinance Amendment; or,
4. Request additional information (as specified in the Council motion); or,
5. Continue the item to a future City Council meeting (date and time to be specified in Council motion).

AUTHORITY
Chapter 20.80 of the Merced Municipal Code spells out procedures for amending the Zoning Ordinance.

CITY COUNCIL PRIORITIES
None

DISCUSSION
Project Description

Zoning Ordinance Amendment #21-03, as requested by Ashley Investments, would modify the City's regulations regarding tobacco sales near schools and other sensitive uses (MMC 20.44.160) to more closely match similar requirements regarding Commercial Cannabis Business Permits. This...