Ord 2024-007 Urgency Ordinance Zoning Moratorium

Home

Ordinance No. 2024-007 3 1. During the term of this ordinance, any new tobacconist/cigarette store shall be prohibited in all zoning districts and lands within the City of San Leandro. No application for any new permit, license, or land use entitlement shall be granted or approved for any new tobacconist/cigarette store in any zoning districts or lands within the City of San Leandro. 2. Notwithstanding any other provision of this ordinance, any person who lawfully holds an existing permit, license, and/or land use entitlement for an existing and lawfully operating tobacconist/cigarette store in the City of San Leandro as of the effective date of this ordinance may continue to lawfully operate under that existing permit, license, and/or entitlement, and may apply for the renewal of any such existing permit, license, and/or entitlement, which renewal may be approved or denied by the City under the standards governing such permit, license, and/or entitlement under existing law. Nothing herein shall limit the authority of the City to revoke or suspend any existing license, permit, and/or entitlement as authorized under existing law. B. Tobacco Sales Prohibited in New Locations. 1. During the term of this ordinance, no application for any new permit, license, or land use entitlement shall be granted or approved for any use involving the sale of tobacco-related products or electronic cigarette-related products, in any location where such products were not sold as of June 3, 2024. 2. Nothing in this Subsection B shall be interpreted as prohibiting a new business that sells tobacco- related products or electronic cigarette-related products, other than a tobacconist/cigarette store, from being established in a location where a business previously selling such products existed as of June 3, 2024. 3. This Subsection B shall not apply to the establishment of a new supermarket greater than 20,000 square feet. C. General Provisions. 1. Terms used in this Ordinance and not defined shall have the same definition as specified in the San Leandro Zoning Code. 2. Except as expressly set forth herein, any business selling tobacco-related products or electronic cigarette-related products shall be subject to the applicable regulations and requirements of the San Leandro Municipal Code and San Leandro Zoning Code. Section 4. Term of Ordinance. This ordinance shall be in effect from the date of adoption for a period of forty-five (45) days, unless it is extended pursuant to Government Code §65858(a) or other applicable law, as approved by the City Council. Section 5. Environmental. This ordinance is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines §15061(b)(3), the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant e Ưect on the environment; the proposed ordinance does not authorize or approve any use or project, but rather prohibits the