The owner of a tobacco shop who wanted to open on El Camino Real was recently denied a permit to open in Mountain View over concerns that the shop would be too close to a child-friendly area and would limit visibility from the street.

The regulatory zoning hearing was originally scheduled for July 10, but was postponed to August 28 after the city received several public comments objecting to the tobacco shop’s proximity to parks, playgrounds and a school.

The commercial property, located at 1313 W. El Camino Real near Shoreline Boulevard, formerly operated as a bar. The applicant, Mohammad Taha, proposed taking over the site and converting it into a “specialty cigar store” that would sell cigar and tobacco products, accessories, clothing and souvenirs.

Taha applied for a preliminary use permit to open with business hours from 9 a.m. to 10 p.m., seven days a week. According to documents filed with the city, there were no plans to remodel the 1,300-square-foot rental space.

Mountain View’s zoning plans allow the tobacco shop to operate on El Camino Real as long as it is not within 1,000 feet of sensitive areas such as schools, playgrounds and parks. If approved to open, the proposed tobacco shop would be in close proximity to all three types of locations – in this case, Schaefer Park, Eagle Park and McKelvey Park Ball Fields, as well as St. Joseph Mountain View Catholic School.

“I went to the site. I could see how close it was to those parks. When I was there, there were a lot of kids on the ball field … so I can really see the issue of proximity to those sensitive uses,” said Amber Blizinski, deputy director of community development, who led the Aug. 28 public hearing.

The proposed location of the tobacco shop also did not meet a safety criterion. The building has no windows facing the outside, making it difficult for law enforcement to see the business and comply with city, state and federal regulations, the city’s report said.

Taha did not dispute the report’s findings, but expressed great dismay at the city’s actions. According to Taha, the planning department did not indicate there would be any problems with the store’s location when he and his business partner inquired about it and applied for a building permit in December.

“After eight months of waiting, we were surprised that after seven months the city found out that there were children’s parks and a school. If they had said that from the beginning, we wouldn’t have even been able to sign the lease with the landlord and all the money we paid just to keep the project going,” Taha said. They got rid of about $50,000, he said.

From the city’s perspective, however, these results are not always obvious in the early stages of the permitting process – a situation that has also caused a lot of frustration for other small businesses looking to set up shop in Mountain View.

“It’s an iterative process,” said Christian Murdock, director of community development, who attended the hearing. “It’s unfortunate in this case that the conclusion regarding the staff recommendation evolved and became clear later in the process.”

Taha also made a point of describing his business as a specialty cigar store, which is different from other tobacco shops. These shops often operate under the radar and give legitimate shops that follow regulations a “bad name,” he said.

Earlier this summer, police raided two Mountain View tobacco shops that allegedly sold products to underage teenagers and illegal substances. One of the shops also had several possible building code violations.

Although the city council ultimately denied the building permit for 1313 El Camino Real, it proposed alternative sites that were not near sensitive areas and would allow the opening of a tobacco shop in Mountain View.

It is also possible to appeal the decision to the city council within ten days of the public hearing, Blizinski said.