HomeMy WebLinkAbout07_007 PC Resolution
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PC RESOLUTION NO. 07-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY OF TEMECULA PROHIBITING
SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND
ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA
MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT
RESIDENCES (PLANNING APPLICATION PA07-0024)"
,
Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental Impact
Report.
Section 2. On January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code.
Section 3. The City has identified a need to amend the adopted Development Code
to add two new Chapters to the Temecula Municipal Code regarding smoking in public places
and multi-unit residences.
Section 4. The Planning Commission considered the proposed Ordinance on
February 7,2006, at a duly noticed public hearing as prescribed by law, at which time the City
staff and interested persons had an opportunity to, an did testify either in support or opposition
to this matter.
Section 5. Recommendation of Aooroval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an ordinance adding Chapter 30
to Title 17 of .the Temecula Municipal Code substantially in the form attached to this resolution
as Exhibit A.
Section 6. Environmental Comoliance. Staff has determined that Ordinance No. 07-
(Ordinance Regulating Smoking in Multi-Unit Residences) is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the
California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the Ordinance will have a significant effect on the environment. The
Ordinance will have no adverse environmental affects because it will reduce the public's
exposure to the harmful effects of second-hand smoke. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the
proposed ordinance.
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Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 7th day of February, 2007.
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ATTEST:
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Debbie, Ubnoske, Secretary
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA ' )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 07-07 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 7th day of February,
2007, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
'7J,6~/-<:- -~ f4-
Debbie Ubnoske, Secretary
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EXHIBIT A
PROPOSED CC ORDINANCE 07-_
MULTI-UNIT RESIDENCES
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ORDINANCE 07 -
AN ORDINANCE OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN AND AROUND MULTI-UNIT
RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17
OF THE TEMECULA MUNICIPAL CODE REGULATING
SMOKING IN MULTI-UNIT RESIDENCES .
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Temecula Municipal Code is amended by the addition of a new
Chapter 30 to Title 17 thereto to read as follows:
.CHAPTER 17.30 SMOKING IN MULTI-UNIT RESIDENCES
17.30.010. Findings and Intent
The City Council finds, determines, and declares that:
A. Tobacco use and exposure to secondhand smoke cause death and
disease and impose great social and economic costs; and
B. More than 440;000 people die. in the United States from tobacco-related
diseases every year, making it the nation's leading cause of preventable death; and
C. The World Health Organization estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide;
and
D. The United States Environmental Protection Agency 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 carcinogen; and
E. Secondhand smoke is responsible for an estimated 38,000 deaths among
non-smokers each year in the United States, which includes 3,000 lung cancer deaths
and 35,000 deaths due to heart disease; and
F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite
of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
G. Secondhand smoke exposure adversely affects fetal growth with elevated
risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants
of mothers who smoke; and
H. Secondhand smoke exposure causes. as many as 300,000 children in the .
United States under the age of 18 months to suffer lower respiratory tract infections,
G:IPlanning\2OO71PA07-OO24 Non-Smokiog OldinancelPlanninglDraft CC Old. - Multi-unit residences - reviseliDOC
such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the
risk of acute, chronic, middle-ear infections in children; and
I. The total cost of smoking in California was estimated as $475 per resident
or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs
in 1999 alone; and
J. Cigarettes, cigars, pipes and other smoking materials are the leading
cause of fire deaths in the United States, causing an estimated 31,200 structure fires
and 830 deaths in 2001; and
K. Most Californians do not smoke and a majority. favor limitations on
smoking in multi-unit residences, as evidenced by the facts that 84% of Californians are
non-smokers; 70% of Californians surveyed approve of apartment complexes requiring
at least half of rental units be non-smoking; and 67% of Californians surveyed favor
limiting smoking in outdoor common areas of apartment buildings; and
L. Secondhand smoke can seep under doorways and through wall cracks;
and
M. There is no Constitutional right to smoke; and
N.. State law prohibits smoking in virtually all indoor places of employment
reflecting the state policy to protect against the dangers of exposure to secondhand
smoke; and
O. California law declares that anything that is injurious to health or obstructs
the free use of property so as to interfere with the comfortable enjoyment of life or
property is an nuisance; and
P. Local governments have broad latitude to declare nuisances and are not
constrained by prior definitions of nuisance; and
a. It is the intent of the City Council of the City of Temecula in enacting this
ordinance, to provide for the public health, safety, and welfare by discouraging the
inherently dangerous behavior of smoking around non-tobacco users; by protecting
children from exposure to smoking where they live and play; and by protecting the
public from nonconsensual exposure to secondhand smoke in and around their homes;
and
R. It is the intent of the City Council of the City of Temecula to supplement
applicable state and federal laws pertaining to smoking and not to duplicate, contradict,
or frustrate such laws. This Ordinance shall be construed consistently with that
intention.
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17.30.020. Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
A. "Landlord" means any Person who owns real property that is leased as
residential property, lets residential property, or manages such property, except that
"Landlord" does not include sublessors;
B. "Multi-Unit Residence" means a Premises leased as residential property
and that contains two (2) or more Units, none of which are occupied by a Landlord of
the Premises;
. C. "Multi-Unit Residence Common Area" means any indoor or outdoor area
of a Multi-Unit Residence accessible to and usable by residents of different Units;
including but not limited to halls and paths, lobbies, laundry rooms, common cooking
areas, outdoor eating areas, play areas, swimming pools, and parking areas;
D.
corporation,
entity;
"Person" means any natural person, partnership, cooperative association,
personal representative, receiver, trustee, assignee, or any other legal
E. "Premises" means a piece of land and any improvements thereon such as
is usually described in a deed, deed of trust or mortgage, and includes legally separate
but contiguous pieces of land that are owned by the same natural Person or by legal
Persons under common control;
F. "Reasonable Distance" means a distance of at least twenty-five (25) feet
in any direction from an area in which smoking is prohibited. This distance should be
reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking
areas;
G. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco
product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah
pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant
the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco
paraphernalia, or any other weed or plantthe smoke of which is commonly inhaled;
H. "Unir means either a dwelling space consisting of essentially complete
independent living facilities for one or more persons, including, for example, permanent
provisions for living and sleeping, and any private outdoor spaces like balconies and
patios; or senior citizen housing and single room occupancy hotels, as defined in
California Health and Safety Code section 50519(b)(1), even where lacking private
cooking facilities or private plumbing facilities. "Unir does not include lodging in a hotel
or motel that meets the requirements set forth in California Civil Code section
1940(b)(2).
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17.30.030. No-Smoking Common Areas, Designated Smoking Areas
A. Smoking is prohibited in all Multi-Unit Residence Common Areas except
that a Landlord may d13signate a portion of the outdoor area of Premises as a Smoking
area as provided in this Section;
B. Designated Smoking areas:
1. Shall be located a Reasonable Distance from any indoor area
where Smoking is prohibited;
2. Shall not include; and must be a Reasonable Distance from,
outdoor areas primarily used by children including, but not limited to, areas improved or
designated for play or swimming; .
3. Shall be no more than twenty-five (25) percent of the total outdoor
area of the Premises for which it is designated;
4. Shall have a perimeter that is clearly marked with conspicuous
signs;
5. Shall not overlap with any area in which Smoking is otherwise
prohibited by this Chapter or other provisions of this Code, state law, or federal law.
17.30.040. Smoke-Free Buffer Zones
Smoking is prohibited on the Premises of a Multi-Unit Residence within a
Reasonable Distance of any entrance, opening, or other lient into an enclosed area of a
Multi-Unit Residence in which Smoking is prohibited by this Chapter, other provisions of
this Code, state law, or federal law. For example, and without limitation, Smoking on
balconies, porches, or patios within a Reasonable Distance of a window or door of a
non-smoking Unit is prohibited. This provision does not apply inside a designated
Smoking Unit pursuant to Section 17.30.040 of this Chapter.
17.30.050. Non-Smoking Units Required in Multi-Unit Residences
A. New Multi-Unit Residences
1. In every Multi-Unit Residence first occupied by a resident or tenant
more than six months after the effective date of this Chapter and containing ten (10) or
more Units, at least twenty-five (25) percent of the Units (including private outdoor
spaces associated with such Units, such as balconies, patios and decks), shall be
designated as non-smoking Units. Notwithstanding this requirement, the Landlord may
choose to designate all Units as non-smoking. Non-smoking Units must be grouped
together (e.g., horizontally. and/or vertically) and physically separated from Smoking
Units to the maximum extent practicable.
B. Existing Multi-Unit Residences
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1. In every Multi-Unit Residence currently and previously occupied on
the effective date of this Chapter, not s.ubject to Section 17.30.050{A), and containing
ten (10) or more Units, at least twenty-five (25) percent of the Units (including private
. outdoor spaces associ~ted with such Units, such as balconies, patios, and decks), must
be designated as non-smoking Units within five (5) years of the effective date of this
Chapter. Notwithstanding this requirement, the Landlord may choose to designate all
Units as non-smoking. Non-smoking Units must be grouped together (e.g., horizontally
and/or vertically) and physically separated from Smoking Units to .the maximum extent
practicable.
2. A Unit designated non-smoking by action of the Landlord or by the
force of this Chapter shall not be subject to the Smoking restrictions in Section
17.30.050{B)(1) while the legal tenant{s) in occupancy on the effective date of this
Chapter continuously lease{s) the Unit.
3. A lamjls~ may apply far a siAole axtaAsieA sf tl:1e tima ta eamply
witl:1 SemiaA 17.39.949(8)(1) ef Ae mars tl:1aA fi..<a (6) yeam. SIlSI:1 appliaatiElA sl:1all ea
eafarn tl:1a fiftl:1 (alA) aAAi'lamar:y €If tl:1a anaeli'/a gata af tl:1is Cl:1aJ'ltar aAg sl:1all ea
OFaAtag If raasaAaely Aaaassar'1 ta aetaiA sempliaAEla witl:1 SamiaR 17.30,919(8). A
laAglam af aAY Mlllti UAit RElsldaFlSa Flat gagiaatag ta saAiar sitizaFl t-lallsiFll') may apply
. ferllp ta tl:lrea (3) aggltieAal axteAsiaAs af Aa mare tl:1aA aAa (1) yaar aasl:1. .~J'lpliaatiaA
fer aA aggitiaAal axtaAslaFl sl:1all ee maga eaters tRa Ell<J'liratiaFl sf tRe last axteAsiaA.
A Landlord of any Multi-Unit Residence not dedicated to senior citizen housing
may apply for up to three (3) extensions of the time to comply with Section
17.30.050(B)(1). Each extension shall be for no more than one (1) year.
Application for an extension shall be made before the expiration of the time to
comply and shall be granted If reasonably necessary to obtain compliance with
Section 17.30.050(B)(1). (revised prior to Planning Commission on February 7,
2007)
C. Smoking is prohibited in non-smoking Units in Multi-Unit Residences.
17.30.060. Disclosure of Non-Smoking Units By Landlord
Every Landlord shall maintain a current list of designated non-smoking Units and
a floor plan identifying the relative position of Smoking and non-smoking Units as well
as the location of any designated Smoking Areas. The Landlord shall provide a copy of
the list and the fioor plan to the City and to every tenant.
17.30.070. Prohibitions And Duties Generally
A. No Person shall Smoke or knowingly permit Smoking in an area of the
Premises under his or her legal or de facto control in which Smoking is prohibited by a
lease or agreement term, by this Chapter, this Code, or any other state or federal law
provided, however, that this prohibition does not apply to a Person who is already
compelled to act under state or federal law.
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B. No Person shall knowingly permit the presence or placement of ash trays,
cans, or other receptacles within Multi-Unit Residence Common Areas under his or her
legal or de facto control in which Smoking IS prohibited by this Chapter, this Code, or
any other state or federal law, including, for example and without limitation, within a
Reasonable Distance of any non-smoking area.
C. "No Smoking" signs, with letters of no less than one inch in height or the
international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle crossed by a red bar) shall be clearly and
conspicuously posted and maintained by the Landlord in every place on the Premises in
which Smoking is prohibited by this Chapter or by the Landlord, except that signs are
not required inside Units. Signs must be sufficient to make areas where Smoking is
prohibited obvious to a reasonabl~ person.
17.30.080. Medical Marijuana
Notwithstanding any other provision of this Chapter, Smoking marijuana for
medical purposes as permitted by California Health and Safety Code sections 11362.7
et seq in any Unit of a Multi-Unit Residence is not prohibited by this Chapter.
Notwithstanding the forgoing, such use of marijuana may be prohibited by other
provisions of this Code, state law, or federal law.
17.30.090. Enforcement
The remedies provided by this Chapter are cumulative and in addition to any
other remedies available at law or in equity.
A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21
and 1.24 of the Temecula Municipal Code.
B. No Person shall intimidate, harass, or otherwise retaliate against any
Person who seeks to attain compliance with this Chapter. Moreover, no Person shall
intentionally or recklessly expose another Person to secondhand smoke in response to
that Person's effort to achieve compliance with this Chapter. Violation of this subsection
shall constitute a misdemeanor.
C. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this Chapter shall constitute an infraction.
D. A violation of this Chapter is hereby declared to be a public nuisance.
E. In addition to other remedies provided by this Chapter or otherwise
available at law or in equity, any violation of this Chapter may be remedied by a civil
action brought by the City, including, without limitation, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and
suits for injunctive relief."
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Section 2. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section
15061(b)(3) because it can be seen with certainty that there is no possibility that the
Ordinance will have a significant effect on the environment. The Ordinance will have no
adverse environmental affects because it will reduce the public's exposure to the
harmful effects of second-hand smoke.
Section 3. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance, or its application to any
person or circumstance, is for any reason held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. The City Clerk is directed to certify to the passage and
adoption of this ordinance and to cause this ordinance to be published as required by
law.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 07-_was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula ala meeting"thereof held on the day of , ,by the following vote:
AYES:
NOES;
.ABSENT:
ABSTAIN:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Susan W. Jones, MMC
City Clerk
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