Ord 2024-007 Urgency Ordinance Zoning Moratorium

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Ordinance No. 2024-007 2 WHEREAS, for these reasons, the City Council desires to immediately close the loophole allowing a business to sell tobacco without first complying with the zoning requirements for a “tobacconist/cigarette store”; and WHEREAS, the City Council also desires to prohibit businesses selling tobacco-related products and electronic cigarette-related products from being established in new locations until the City has adopted comprehensive regulations; and WHEREAS, Government Code §65858 provides that to protect against any current and immediate threat to the public health, safety, or welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study; and WHEREAS, this temporary moratorium will provide staƯ with the opportunity to study various options to address the loophole created by the “tobacconist/cigarette store” zoning classification; and WHEREAS, the City Council seeks to impose a moratorium to allow staƯ time to review its current ordinances to ensure that its laws preserve the quality of life for citizens while imposing limited and e Ưective land use regulations that impact quality of life issues; and WHEREAS, the City Council must take immediate and responsive action to protect the interests of the City, and it is in the best interests of the health, safety and welfare of the citizens of the City that a temporary moratorium on new tobacconist/cigarette stores, as well as the sale of tobacco-related products and electronic cigarette-related products be enacted; and WHEREAS, the moratorium will have no impact on businesses with existing Tobacco Retailers Licenses, or prevent a new business from obtaining a new Tobacco Retailers License (other than a tobacconist/cigarette store), as long as such new business is established in a location where tobacco is currently legally sold. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: Section 1. Recitals. The Recitals above are true and correct and adopted as the City Council’s findings and when applicable, incorporated herein by reference. Section 2. Urgency Findings. The City Council of the City of San Leandro hereby finds that there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency ordinance, which finding is based upon the facts stated in the recitals above, and in the staƯ report dated June 3, 2024, as well as oral and written testimony at the June 3, 2024 City Council meeting. This Ordinance is declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety. The facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the entirety of the record before the City Council. Section 3. Zoning Moratorium. A. New Tobacconist/Cigarette Stores Prohibited.