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PC Res 3898 RESOLUTION NO. 3898 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL APPROVE A CITY-INITIATED TEXT AMENDMENT TO ADD TO THE PROHIBITED USE SECTIONS IN ALL COMMERCIAL ZONE DISTRICTS, A PROHIBITION ON THE ESTABLISHMENT OF ANY BUSINESSES THAT INCLUDE SMOKING TOBACCO ON SITE (STAND ALONE SMOKING LOUNGES, HOOKAH LOUNGES, ETC.). After notification and public hearing as specified by law on the proposed City of Campbell Text Amendments Update, and after presentation by the Community Development Director, proponents and opponents, the Planning Commission did determine that the adoption of the proposed Text Amendments based upon the following findings. The Planning Commission finds as follows: 1. Scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys 1; 2. The U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke2; 3. The United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen3; 1 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2002, 2 (2002), available at http://www.cdc.gov/tobacco/overview/oshaag.pdf(last accessed August 15,2003). 2 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General 11 (2006), available at http://www.surgeongenera1.gov/library/secondhandsmoke/report/chapterI.pdf (last accessed Sept. 19,2006). 3 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, aean Indoor Air Regulations Fact Sheet (2001), available at http://www.cdc.govltobacco/sgr/sgr_2000/factsheets/ factsheet_c1ean.htm (last accessed Apr. 23,2003). Planning Commission Resolution No. 3898 Text Amendment - Modify all Commercial Sections of Title 21 - Prohibited Uses Prohibiting Any Businesses that Include On-Site Tobacco Smoking Paae 2 4. The California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant4; 5. The California Office of Environmental Health Hazard Assessment has included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm5; 6. Exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung cancer6; 7. Exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non-smokers each year,7 including 3,000 deaths from lung cance~; 8. Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke9; 9. Secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as 4 Cal. Air Resources Bd., Resolution 06-01, at 5 (Jan. 26, 2(06), available at http://www.arb.ca.gov/regactlets2006/res060I.pdf(last accessed Sept. 19,2006). 5 Cal. Envtl. Prot. Agency, Office of Envtl. Health Hazard Assessment, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity 17, (Aug. 11,2006), available at http://www.oehha.ca.gov/prop65/prop65 _listlfiles/P65single081I 06.pdf (last accessed Sept. 19, 2006). 6 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2002, 2 (2002), available at http://www.cdc.gov/tobacco/overview/oshaag.pdf(last accessed August 15,2003). 7 SA Glantz & W. Parmley, Passive Smoking and Heart Disease: Epidemiology, Physiology, and Biochemistry, 83(1) Circulation 1 (1991) and California Environmental Protection Agency, Office of Envtl. Health Hazard Management, Health Effects oj Exposure to Environmental Tobacco Smoke: Final Report (1997). 8 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause oj Death 2002, 2 (2002), available at http://www.cdc.gov/tobacco/overview/oshaag.pdf(last accessed August 15,2003). 9 Cal. Envtl. Proto Agency, Office of Envtl Health Hazard Assessment, Health Effects of Exposure to Environmental Tobacco Smoke, Final Report ES-5 (1997). Planning Commission Resolution No. 3898 Text Amendment - Modify all Commercial Sections of Title 21 - Prohibited Uses Prohibiting Any Businesses that Include On-Site Tobacco Smoking Page 3 pneumonia and bronchitis,10 exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children 11; 10. With certain exceptions, state law prohibits smoking inside an enclosed place of employment12; 11. The State of California allows cities to restrict smoking in establishments open to the public in furtherance of the protection of the public health and welfare; and 12.lf allowed, the regulation of smoking establishments requires proactive enforcement by law and code enforcement personal of applicable state and local law. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. As there is no safe level of exposure to Secondhand smoke, a prohibition of smoking establishments in all commercial zoning districts protects the public health and welfare; 2. The prohibition of smoking establishments in commercial zoning districts does not impinge on the ability of individuals to utilize tobacco products in private residences; 3. Due to staff limitations, and the compliant driven nature of code enforcement, a partial prohibition on smoking establishments could not be practically enforced; 4. The proposed text amendment is consistent with the intent and purposes of the Zoning Ordinance, which is to encourage the most appropriate use of land throughout the city; to stabilize and conserve the value of property; to provide adequate light, air and reasonable access; to secure safety from fire and other dangers; to prevent overcrowding of land; to avoid undue concentration 10 u.s. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2002, 2 (2002), available at http://www.cdc.gov/tobacco/overview/oshaag.pdf(last accessed August 15,2003). 11 U.S. Dep't of Health and Human Servs., Centers for Disease Control and Prevention, aean Indoor Air Regulations Fact Sheet (2001), available at http://www.cdc.gov/tobacco/sgr/sgr_2000/factsheetsl factsheet_c1ean.htrn (last accessed Apr. 23,2(03). 12 Cal. Lab. Code ~ 6404.5 (West 2003). Planning Commission Resolution No. 3898 Text Amendment - Modify all Commercial Sections of Title 21 - Prohibited Uses Prohibiting Any Businesses that Include On-Site Tobacco Smoking Paae 4 of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public health, safety, peace, morals, comfort, and welfare, all in accordance with a comprehensive zoning code and general plan; 5. The proposed text amendment is consistent with the intent and purposes of Chapter 21.58 of the Campbell Municipal Code on Non-Conforming Uses; and 6. The proposed text amendment is consistent with the development policies and objectives of the General Plan. IT IS HEREBY RESOLVED that the Planning Commission of the City of Campbell recommends approval of a City-initiated Text Amendment to add to the Prohibited Use Sections in all commercial zone districts, a prohibition on the establishment of any businesses that include smoking tobacco on site (stand- alone smoking lounges, hookah lounges, etc.) per attached Exhibit A. PASSED AND ADOPTED this 10th day of June, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Doorley, Gibbons, Rocha and Roseberry Alderete, Gairaud and Ebner None None APPROVED: Bob Roseberry, C Ir ATTEST: EXHIBIT A 21.10.040 C-1 (Neighborhood Commercial) zoning district. D. Prohibited uses in C-1 (Neighborhood Commercial) zoning district. The following uses are prohibited: 6. Any business that includes smokina tobacco on site (e.a. smokinQ lounaes. hookah lounaes. etc.). 21.10.050 C-2 (General Commercial) zoning district. D. Prohibited uses in C-2 (General Commercial) zoning district. The following uses are prohibited: 6. Any business that includes smokinQ tobacco on site (e.a. smokinQ lounaes. hookah lounaes. etc.). 21.10.060 C-3 (Central Business District) zoning district. D. Prohibited uses in C-3 (Central Business District) zoning district. The following uses are prohibited in the C-3 district: 7. Any business that includes smokina tobacco on site (e.a. smokinQ lounaes. hookah lounaes. etc.), 21.10.070 C-M (Controlled Manufacturing) zoning district. D. Prohibited uses in C-M (Controlled Manufacturing) zoning district. The following uses are prohibited: 5. Any business that includes smokinQ tobacco on site (e.a. smokina lounaes. hookah lounaes. etc.). 21.10.080 M-1 (Light Industrial) zoning district. D. Prohibited uses in M-1 (Light Industrial) zoning district. The following uses are prohibited: 3. Any business that includes smokina tobacco on site (e.a. smokinQ lounaes. hookah lounaes. etc.). Chapter 21.12 Special Purpose Districts 21.12.030 P-D (Planned Development) zoning district. E. Prohibited uses in PO (Planned Development) zoning district. The following uses are prohibited: 1. Any business that includes smokinQ tobacco on site (e.a. smokinQ lounaes. hookah lounaes. etc.). F. Design Guidelines. G. Establishing the P-D Zoning District. H. Permit Required.