Last Tuesday, May 7, at the Milpitas City Council meeting, Council took a recommendation from City staff to allow for the approval of a conditional use permit for a tobacco shop, pending certain conditions.
So long as Council receives a report from the shop after 6 months and then 1 year confirming that these conditions are being met, the permit will be maintained.
Chief among the conditions are that no smoking can be allowed onsite or near the site, the business’s hours of operation must be changed (see more below), and top-quality security cameras must be installed.
The retail outlet’s path to approval has not been straightforward. Tuesday’s hearing came as the result of an appeal after the shop was denied permit approval by the Milpitas Planning Commission back in March.
The store, founded in 2017, is called Puff City Smoke Shop and is located in an 870-square-foot site within a commercial building at 1225 Jacklin Road.
On August 9, 2023, the City’s Building & Housing Department conducted an inspection of Puff City. They found that the business had been operating without a conditional use permit. The following month, the City also discovered that the smoke shop had conducted an interior remodel without a building permit.
Once he realized that he needed to apply for a conditional use permit, Puff City owner Kareem Al Salahi closed the shop. This was also back in August.
Toward the end of 2023, Al Salahi submitted an application for a conditional use permit. However, it was denied by the Milpitas Planning Commission on March 13, 2024.
During the hearing, the Planning Commission raised concerns about Puff City’s proximity to schools (one preschool is 600 feet away and Burnett Elementary is .7 miles away) and mini amusement park Golfland, as well as concerns about the store’s products leading to health issues and drug use.
Al Salahi was fast to appeal, citing that the Commission had no evidence to back up its concerns, that children are not allowed access into the shop, and that any unpermitted signage has already been removed. He also said he could change the store’s closing time from 12am to 10pm, and even alter the store’s name to alleviate any potential community concerns.
According to City Staff’s report to the City Council, the store sells “cigars, tobacco pipes, tobacco containers, tobacco grinders, tobacco wraps, hemp wraps, rolling papers, rolling machines, rolling tips, butane, lighters, backpacks, clothing, hemp products, and CBD.”
Al Salahi gave a presentation to the City Council last Tuesday evening, stating, “In Milpitas, my goal is to provide a safe and convenient shopping experience for adults. I have implemented stringent measures to prevent underage access to my store.”
He said that once he was notified by the City that they needed to have a conditional use permit, they closed the store that same minute. It has been nine months since Puff City was closed.
“I think it’s time to open up,” said Al Salahi. “Because I’m drowning in debt. Just paying rent there and trying to survive all over.”
Toward the end of the discussion, Mayor Carmen Montano, Vice Mayor Evelyn Chua, Councilmember Hon Lien, and Councilmember Anthony Phan voted unanimously to approve Puff City’s conditional use permit. Councilmember Garry Barbadillo was absent and did not take part in the vote.
Former Milpitas Mayor Rich Tran, who is currently running for his 4th term, took to Facebook after Puff City was given another chance, writing, “Feel like I just won the Mayor race six months early.” Citing the store’s name and its proximity to William Burnett Elementary School and Golfland, Tran added, “I can’t make this up.”
Comments on the post were mixed, with a couple of commenters echoing Tran’s concern but others highlighting that Puff City has been around for awhile and that meanwhile liquor sales are not prohibited near schools.
In the City of Milpitas, there is currently no permitting process for tobacco retail, as no ordinance on tobacco currently exists. Stores that only sell tobacco in Milpitas only require a conditional use permit, but other stores that have tobacco as a secondary accessory use don’t require a use permit.
During discussion of the item, Vice Mayor Chua proposed enacting a Milpitas ordinance specifically for tobacco/smoke shop sales, so as to solidify where the City of Milpitas stands on such establishments. Said Chua in a text exchange with The Beat, “For my proposed Tobacco Ordinance, the initial step [was] for Council approval to put it on the council list of requests (approved 5/7). Next, staff will give a rough cost estimate. Then, Council will approve and prioritize all items on the list. Staff will include the proposed ordinance for Council approval on the agenda…”
Then comes implementation.
Added Vice Mayor Chua, “Please note that the ordinance will most likely mimic current tobacco ordinances from other cities.”
Before the vote took place, Milpitas’ City Staff had recommended that Council approve the conditional use permit for the smoke shop. Puff City is in alignment with the Milpitas General Plan and the Milpitas Zoning Ordinance; and it currently complies with development standards.
In a staff report, it was stated that “the proposed Project was not deemed to be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare. The proposed retail business selling tobacco and tobacco related products provides retail options for patrons.”
Our city won’t allow marijuana but they’ll allow tobacco.
Don’t seem right. Peace
In a staff report, it was stated that “the proposed Project was not deemed to be detrimental or injurious … to the public health, safety, and general welfare.” Are you kidding me? According to the CDC, “Cigarette smoking remains the leading cause of preventable disease, disability, and death in the United States, accounting for more than 480,000 deaths every year, or about 1 in 5 deaths.” https://www.cdc.gov/tobacco/data_statistics/fact_sheets/adult_data/cig_smoking/index.htm There may be other reasons the City Council approved this business, but it’s not because the product is benign.
.
Deciding to enable cigarette smoking comes shortly after 3 members of the Council (including Mayor Montano) voted to severely restrict access by Milpitas residents to cannabis, which killed zero (0) people last year. In fact, evidence continues to mount about the benefits of cannabis for users. This reminds me of Republican hypocrisy – say you favor healthy people while actually undermining their health. What a crock!