The commission denied a request to add a specific use allowing tobacco and vape retail at 1904 Nogalitos Street after staff warned the request would permit a vape shop within 1,000 feet of Collins Garden Elementary School, in conflict with the Unified Development Code.
Senior staff explained that the C3RS zoning request would run afoul of section language in the UDC that prohibits tobacco and vape businesses within a specified distance of schools and other sensitive uses. With the applicant absent, Chair John Bustamante moved for denial; the motion passed on a roll call vote.
Staff recorded that notices had been mailed and that the neighborhood association did not register a response. The denial prevents the applicant from operating a retail vape/tobacco business in that location under the proposed authorization.