Text Amendment Application P23-03410
Summary
SCH Number
2025050015
Public Agency
City of Fresno
Document Title
Text Amendment Application P23-03410
Document Type
NOE - Notice of Exemption
Received
Posted
5/1/2025
Document Description
Text Amendment Application No. P23-03410, as initiated by the Fresno City Council under Resolution No. 2022-052 (Exhibit A), pursuant to FMC Section 15-5803-A (1), proposes to amend Section 15-6802 and Section 15-2761 of the FMC relating to terms and definitions and the sale of tobacco vapor products. The purpose of the Amendment is to establish regulations for Smoke Shops, amortize Existing Smoke Shop establishments, and allow up to seven (7) establishments per City Council District. Current regulations for tobacco and vapor sales included in Fresno Municipal Code (FMC) Section 15-2761 only provide restrictions for 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 products) or related paraphernalia in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot. Text Amendment Application No. P23-03410, as initiated by the Fresno City Council pursuant to Resolution No. 2022-052, proposes to amend Section 15-6802 (Definitions) and Section 15-2761 (Tobacco and Vapor Sales) of the Citywide Development Code. The proposed text amendment will add the following terms and definitions to Section 15-6208 (Definitions) of the Citywide Development Code: Cigarette, Electronic Cigarette (or E-Cigarette), Exisitng Smoke Shop, Smoke Shop Operator, Smoking, Smoking Paraphernalia, Tobacco Product; and Tobacco Retailer. The new definitions will make the Ordinance cohesive with State law and provide clarity on specific terms. In addition, the proposed text amendment would replace existing regulations for tobacco and vapor sales in accordance with Section 15-2761 (Tobacco and Vapor Sales) and establish regulations relating to New and Exisitng Smoke Shops. The amendment will amortize existing Smoke Shop establishments by allowing up to seven (7) establishments per City Council District (49 Smoke Shops Citywide} and establish permitting and procedural requirements, location restrictions, and operational regulations for all New Smoke Shops
Contact Information
Name
Phillip Siegrist
Agency Name
City of Fresno
Job Title
Planning Manager
Contact Types
Lead/Public Agency
Address
Phone
Location
Cities
Fresno
Counties
Fresno
Regions
Citywide
Cross Streets
Citywide
Zip
Citywide
Total Acres
Citywide
Parcel #
Citywide
Other Location Info
Citywide
Other Information
Citywide
Notice of Exemption
Exempt Status
Other
Type, Section or Code
Common Sense/No Possibility - Section 15061(b)(3)
Reasons for Exemption
Finding:
Staff has conducted a preliminary review of the project and has determined that it is exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed Text Amendment is for Council to approve in order to modify the established framework for future and existing business establishments engaged in the sale of tobacco and vapor products (e.g. Smoke Shops) and does not commit the City to any specific project, it can be seen with certainty that there is no possibility that accepting the text amendment may have a significant effect on the environment. Therefore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
Evidence:
The proposed Text Amendment adds to existing definitions and modifies the existing regulations for retail establishments engaged the sale tobacco and vapor products as a primary use, which are not incidental to a larger retail use such as supermarkets and convenience stores; otherwise known as “Smoke Shops.”.
There will be no physical change to the environment as a result of the adoption of this Text Amendment as it is an amendment to the application establishments which sell tobacco and vapor products. The Text Amendment does not relate to any physical project.
The regulations of the proposed Text Amendment will not intensify the use of any establishment. The application process already exists within the Fresno Municipal Code and the proposed Text Amendment modifies existing regulations for reviewing and approving a project. As such, the proposed Text Amendment will not intensify any existing uses.
All individual projects under the proposed Text Amendment will be subject to discretionary review with a Conditional Use Permit (CUP). Each individual CUP will be evaluated pursuant to the requirements of CEQA and the appropriate level of environmental review will be completed when the scope and impacts of each individual entitlement are known.
Under the proposed Text Amendment, Existing Smoke Shops will be subject to amortization requirements which allows Existing Smoke Shops up to 18 months to change the nature of their business or wind them down and close operations. Alternatively, Existing Smoke Shops may apply for a CUP alongside New Smoke Shops. The closure of business operations under the proposed amortization requirements will not result in blight, fire hazards, or attractive nuisance given property owners shall comply with the requirements under Section 15-617 (Blighted Vacant Building Ordinance).
Approval of this Text Amendment does not automatically permit the sale of tobacco and vapor products or the establishment of Smoke Shops in any district. Rather, it creates application rules and procedures for Existing and New Smoke Shop establishments seeking to sell tobacco and vapor products. In this way, the actual CUP is not yet approved and is subject to future discretionary approval. Because this Text Amendment does not effectuate any approvals, and does not result in any changes in use or intensity, it can be seen with certainty that there is no possibility that approval of this Text Amendment will have a significant effect on the environment or a reasonably foreseeable indirect effect on the environment.
Therefore, Text Amendment P23-03410 is exempt from CEQA pursuant to the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines.
County Clerk
Fresno
Attachments
Notice of Exemption
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