Planning commission recommends Plumas Street overlay to bar new vape/tobacco shops and off‑sale liquor stores

The Yuba City Planning Commission voted unanimously to recommend City Council adoption of a zoning code amendment (25‑01) and rezoning (25‑02) to create an X‑28 Downtown Plumas Street overlay district that would prohibit new tobacco and vape retailers and new off‑sale alcohol retailers consistent with California Department of Alcoholic Beverage Control (ABC) type 20 and 21 classifications.

Planning staff described the overlay as a targeted planning tool to apply additional land‑use restrictions along Plumas Street and adjacent blocks within the Downtown Business Improvement District, roughly from Callow (Caloos) Avenue/State Highway 20 to Bridge Street. The proposal would rezone identified properties on Plumas Street, Forbes Avenue, Scott Street and Center Street from Community Commercial (C‑2) Specific Plan to C‑2‑X28‑SP (C‑2 with X‑28 overlay and specific plan overlay).

Staff told the commission that the proposal does not force currently operating businesses to close; existing tobacco, vape or ABC‑licensed off‑sale retailers would be treated as nonconforming uses and could continue to operate provided they do not cease operation for one year or more, per the city’s nonconforming use provisions. Staff also advised that the city determined the proposal is exempt from CEQA under the general rule (CEQA Guidelines §15061(b)(3)) because it reduces allowable uses and is not expected to create environmental impacts.

Public comment was mixed. Marnie Sanders, executive director of the Blue Zones Project and a Downtown Business Association board member, urged the commission to support the overlay, saying it would help preserve a family‑friendly, walkable downtown aligned with health and well‑being goals. Sandy Drown, a Downtown Business Association board member and owner of the Happy Viking, also supported the proposal and cited break‑ins at a nearby smoke shop as a reason the overlay would protect the downtown’s character. Shelley Darrow, who owns the Tea Garden House building at 731 Plumas Street, opposed the restriction and questioned why off‑sale wine or small wine‑tasting uses would be treated the same as larger off‑sale liquor retailers; she also raised concerns about homelessness and public safety unrelated to vape shops.

During deliberations commissioners discussed whether the recommendation should allow a limited wine‑tasting or food‑paired wine store use (staff noted a type 20 ABC license could encompass tasting activities) and suggested the Planning Commission could forward a more tailored definition to the City Council for consideration. County liaison Campbell suggested the city consider shortening the city’s one‑year nonconforming cessation period (not part of the current amendment package) to better achieve downtown revitalization objectives.

The commission moved and seconded a recommendation that the City Council find the zoning code amendment and rezoning not subject to environmental review under CEQA Guidelines §15061(b)(3) and approve Zoning Code Amendment 25‑01 and Rezoning 25‑02 (title 8, chapter 5, article 38 revisions to add overlay districts and establish X‑28). The motion passed unanimously; no commissioners opposed.

What happens next: the Planning Commission’s recommendation will be transmitted to the City Council for final action. Commissioners asked staff to consider a refined definition for limited wine‑tasting or a wine store to present to council, but did not adopt a specific definition at the hearing.