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Home My WebLink AboutPRE 2026-0027; CITY PLANNER DETERMINATION FOR CIGAR SHOP; Admin Decision LetterJune 3, 2026 John Ibrahim 1702 Lawndale Rd El Cajon, CA 92019 {city of Carlsbad VIA MAIL AND EMAIL SUBJECT: DETERMINATION OF THE CITY PLANNER THAT TOBACCO STORES ARE PERMITTED, WITH LIMITATIONS UNDER THE VILLAGE BARRIO (V-B) ZONE OF THE VILLAGE & BARRIO MASTER PLAN AS A RETAIL USE Dear Mr. Ibrahim: The Community Development (CD) Department is in receipt of your application for a City Planner Determination dated April 15, 2026, included as Attachment 1, requesting a written determination regarding zoning consistency and use classification of a proposed "high-end tobacco store" with zoning regulations for a property at 325 Carlsbad Village Dr, Carlsbad, CA 92008. The site and requested use are subject to the following regulations: General Plan The property is designated as V-B, Village-Barrio, Village Center (VC), intended to provide destinations and workplaces in a walkable environment centered around commercial, visitor, and residential uses. Further, General Plan Land Use and Community Design Element: • Policy 2-P.23 directs that sites for "visitor commercial" uses should be located near major corridors and proximate to key tourist/visitor draws such as the Village. Carlsbad Municipal Code The property is designated as V-B, Village-Barrio Zone per Chapter 21.35. V-B uses are outlined the Village & Barrio Master Plan. Village & Barrio Master Plan, Village Center District While the General Plan and Zoning ordinance establish general regulations, a Master Plan is able to be developed that is more restrictive in the uses that are allowed for a specific land use or zoning designation. The Village & Barrio Master Plan, Planning is consistent with the General Plan and zoning in its designation of the subject property as "commercial uses." The property is within the Village Center District, permitted uses include: • Retail Sales-defined as uses where there is generally an exchange or buying and selling of merchandise and/or food service. For reference, the Village Center District prohibited uses include: • Cannabis Activities (CMC 8.36) • Drug Paraphernalia Stores • Hookah or Tobacco Lounges Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 / 442-339-2600 PRE2026-0027 June 3, 2026 Page 2 CONCLUSION In review of the evidence submitted and the city's existing regulatory documents, and based on the information provided in your application dated April 15, 2026, and other submitted materials, it is determined that the proposed "high end tobacco store" can be permitted under the provisions of the Village Center District of the Village and Barrio Master Plan, but is limited in scope. Any external site work may require a Site Development Plan and review for conformance by the Village and Barrio Master Plan Chapter 6. Please note that although the retail sales of tobacco products proposed are allowed, for cigars, cigarettes, tobacco, and nicotine pouches, no consumption or use of such products is permitted onsite as nonconsensual exposure to smoke from smoking occurring on or drifting into residential property is considered a nuisance per Chapter 6.15.070(8). It is strongly encouraged that signage restricting uses in the exterior areas of the site or at other business be limited. Should you choose to install signage, Chapter 6.14.060 Posting of Signs below applies. Any person, corporation or any other legal entity, or employer that has legal or de facto control of an unenclosed dining area in which smoking is prohibited by this chapter shall post a clear, conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter. (Ord. CS-188 § II, 2012} The use shall remain limited to retail sales solely and cannot include any sales or product that are consistent with cannabis activities or Drug Paraphernalia Stores. Be advised that California Health and Safety Code section 104559.5 prohibits the retail sale of most flavored tobacco products and tobacco product flavor enhancers. Please refer to the following link from the California Office of the Attorney General for additional information. Inclusion of any such product would render the entire use strictly prohibited. No drug paraphernalia can be displayed, stocked, or sold within the any property located in the jurisdiction of the Village and Barrio Master Plan. No cannabis or hemp can be sold or displayed. Drug paraphernalia is summarized by the DEA below: Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0027 June 3, 2026 Page 3 Whal are drug paraphernalia? The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. II includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes. Under federal law the term drug paraphernalia means "any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance." Pipes (metal, wooden, soryllo, glsss, alone, plaaflo, or oersmlo) Wafer pipes Rosoh clips Miniature a oons marijuana/hash pipes) Bonga Cigarette papers Cooaloe freebeae klls What do drug paraphernalia look like? Identifying drug paraphernalia can be challenging because products often are marketed as though they were designed for legitimate purposes. Marijuana pipes and bongs, for exam ple, frequently carry a misleading dis claimer indicating that they arc intended to be used only with tobacco products. Recognizing drug parapher nalia often involves considering other factors such as the manner in which items are displayed for sale, descriptive materials or instructions accompanying the items, and the type of business selling the items. The appearance of drug parapherna lia varies depending upon the manufac turer and intended purpose. Increasingly, bongs, pipes, and other paraphernalia are manufactured in bright, trendy colors and bear designs such as skulls, devils, dragons, and wizards. Manufacturers attempt to glamorize drug use and make their roducts attractive to teena ers and young adults. Where are drug paraphernalia sold? Drug paraphernalia can be obtained through various means. Many large manufacturers market their products over the Internet and through mail-order businesses. In addition, drug paraphernalia fre quently are sold at tobacco shops, trendy gift and novelty shops, gas stations, and convenience stores. Are drug paraphernalia llleyal? Yes, drug paraphernalia are illegal. The drug paraphernalia statute, U.S. Code Title 2 1 Section 863, makes it "unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or to import or export drug paraphernalia." Marijuana pipes, spoon with cocaine residue, and marijuana bong. This determination maybe appealed to the Planning Commission pursuant to CMC §21.54.140 within ten (10) days of the date of this letter. Appeals must be submitted in writing to the Community Development Department; attention City Planner at 1635 Faraday Avenue, Carlsbad, 92008 along with a payment of $952. Please be advised that the filing of such appeal within such time limit does not stay any requirements, agreements, deadlines, or enforcement that may otherwise apply to this project or property. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE2026-0027 June 3, 2026 Page 4 If you have any questions regarding this matter, please feel free to contact me at (442) 339-2717 or by email at eric.lardy@carlsbadca.gov. Sincerely, ERIC LARDY Community Development Assistant Director/City Planner Attachments: A -Application for a City Planner Determination dated April 15, 2026 cc: Robert Efird, Principal Planner Tate Hillmann, Assistant Planner Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600