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.