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Glendale planning commission deadlocks on permit for smoke-and-vape shop at Thunderbird Plaza

Glendale Planning Commission · November 14, 2025
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Summary

The Glendale Planning Commission failed to approve CUP 25-10 on Nov. 13, 2025, after a 3-3 tie on a conditional use permit for a proposed 1,100 sq ft retail smoke-and-vape shop at Thunderbird Plaza. Staff had recommended approval; the decision can be appealed to City Council within 15 days.

Nov. 13, 2025 — The Glendale Planning Commission on Thursday failed to approve a conditional use permit for a proposed retail smoke-and-vape shop at Thunderbird Plaza after a 3-3 tie.

Phil Martinez, senior planner with the city’s planning division, told commissioners the applicant sought to operate a 1,100-square-foot retail smoke-and-vape shop in the C-2 General Commercial District and that a conditional use permit was required. "The applicant seeks to develop a retail smoke and vape shop in the C 2 General Commercial District where a conditional use permit is required for such use," Martinez said, and staff recommended approval subject to the project narrative and a site plan dated July 22, 2025.

Martinez explained the zoning issue that brought the application before the commission: a tobacco/vape shop had previously operated in the same tenant space, but the new proprietor did not meet the six-month grandfathering window in the Unified Development Code. "That legal nonconformity section of the Unified Development Code states, in a paraphrased way, that a use is grandfathered well, if a use ceases to exist, it's grandfathered for 6 more months," Martinez said, adding that the new proprietor missed that window and therefore required a CUP.

No applicant representative or members of the public testified at the podium. Commissioner Tom Cole moved to approve CUP 25-10 "per the findings and subject to the stipulation contained in the staff report." After a second, the chair conducted a roll-call vote. The record shows three commissioners voted yes and three voted no, producing a tie and leaving the motion without the majority needed for approval. The city attorney, Mr. Gruber, said the motion "failed for lack of a majority of votes."

Mr. Gruber told the commission that its action is final but subject to appeal. "Chair and members of the commission, your action with respect to case number CUP25Dash10 is final subject to a written appeal received within 15 days," he said.

The commission did not take further action on the application; if the applicant wishes to continue, the next step is a written appeal to City Council within the 15-day window. The meeting adjourned after no additional business was presented.