Certain zoning permit, use permit or other entitlement for establishment and operation of smoke shops prohibited.
(a) No person, partnership, corporation, or other entity shall commence doing business as a smoke shop, as defined in Section 10.132.200 of the code, except those establishments specifically excluded herein, until such reasonable time as a detailed study may be made and the zoning and public hearings process pertaining to these matters is completed, or until one year from the date of adoption of this section, whichever occurs sooner.
(b) Establishments excluded from this section are those establishments already inoperation at the time of the enactment of this section.
(c) Environmental assessment. Pursuant to the California environmental Quality Act (CEQA) Guidelines, the City Council declares that this section is exempt from CEQA based on the following findings:
(1) This section is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physician damage to the environment, directly or indirectly. The purpose of this section is to prohibit, on an interim basis, doing business as or issuance of business license to an owner or operator of a smoke shop as defined in Section 10.132.200 of this code. This section, therefore, has no potential for resulting in physical change in the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated zoning code review.
(2) This section is not subject to CEQA pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably forseeable indirect physical change in the environment.
(3) This section is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subsection (1) and (2) of this section, it can be seen with certainty that there is no possibility that this section will have a significant effect on the environment, and therefore, this section is not subject to CEQA.
(Ord. 07-866 §§ 4, 5, 2008)