SUBJECT: Zoning Ordinance Amendment #21-03, initiated by Ashley Investments. This application involves changes to the Merced Zoning Ordinance (Title 20 of the Merced Municipal Code) which would amend Merced Municipal Code Section 20.44.160 (Tobacco Sales Prohibited Near Schools). This amendment would modify the City’s regulations regarding tobacco sales near schools and other sensitive uses to more closely match similar requirements regarding Commercial Cannabis Business Permits. This would include prohibiting tobacco sales within 1,000 feet of schools (same as the current requirement), but reducing the required distance from other sensitive uses (day care centers, youth centers, libraries, and public parks) from 1,000 feet to 600 feet and allowing for exceptions with a Conditional Use Permit granted by the Planning Commission for tobacco sales near other sensitive uses (not including schools). The changes would also include using the same list of schools adopted by the City Council for cannabis permits for tobacco sales. **PUBLIC HEARING**” ACTION PLANNING COMMISSION: Recommendation to City Council 1) Environmental Review #21-24 (Categorical Exemption) 2) Zoning Ordinance Amendment #21-03 CITY COUNCIL: Approve/Disapprove/Modify 1) Environmental Review #21-24 (Categorical Exemption) 2) Zoning Ordinance Amendment #21-03 SUMMARY Ashley Investments is requesting a modification to the City’s regulations regarding tobacco sales near schools and other sensitive uses (parks, day care centers, youth centers, and libraries) to more closely match those required for the Commercial Cannabis Business Permits and to allow exceptions to be made for those other sensitive uses (not schools) with a Conditional Use Permit granted by the Planning Commission. Staff is recommending approval. RECOMMENDATION Planning staff recommends that the Planning Commission recommend approval to the City Council of Environmental Review #21-24 (Categorical Exemption) and Zoning Ordinance Amendment #21-03 as outlined in Exhibit B of the Draft Resolution #4073, subject to the findings/considerations in Exhibit A of the Draft Resolution at Attachment A.

Committee

Planning Commission

Requested by

Development Services Department

Introduced

August 16, 2021

On agenda

September 8, 2021