Ord 2024-010 Urgency Ordinance Tobacco Zoning Moratorium

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Ordinance No. 2024-010 2 welfare, since such uses could potentially create conflicts with surrounding land uses and could conflict with the City’s long-term planning goals; and WHEREAS, the City Council desires to (1) address the community concerns regarding the establishment and operation of business selling tobacco and electronic cigarette-related products, (2) study the potential impacts that tobacconist/cigarette stores may have on the public health, safety, and welfare, (3) study and determine what local regulations may be appropriate or necessary for the regulation of tobacconist/cigarette store, (4) study and determine the appropriate zoning and location for tobacconist/cigarette store, and (5) determine appropriate controls for protection of public health and welfare; and WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may make and enforce within its limits all local police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, California Government Code §65858(a) provides: that local legislative bodies may, to protect public safety, health and welfare, 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 legislative body is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the legislative body; that such measures shall be of no effect forty-five (45) days from the date of adoption, and may be extended a maximum total duration of two years; and WHEREAS, California Government Code §65858(c) provides that legislative bodies may not adopt or extend such interim ordinances unless they contain findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to the public health, safety or welfare; and WHEREAS, at its regular June 3, 2024, meeting, pursuant to Government Code §65858, the City Council lawfully adopted a moratorium on the establishment of tobacconist/cigarette stores pending study of a Zoning Ordinance amendment proposal (Ordinance No. 2024-007); and WHEREAS, in the time since the moratorium was adopted, San Leandro staff has been exploring options for regulation of tobacconist/cigarette stores, which staff will be presenting to the Planning Commission and City Council for consideration; however, the Zoning Ordinance amendment proposal is not yet ready for adoption; and WHEREAS, a report describing the measures the City has taken to address the concerns that led to this ordinance was made publicly available ten (10) days prior to the adoption of this ordinance in accordance with Government Code §65858(d); and WHEREAS, the City Council has determined that certain businesses that sell tobacco -related products, specifically large supermarkets and premium cigar retailers, do not cause these same negative impacts due to unique aspects of those businesses; and WHEREAS, the City Council desires to narrow the zoning moratorium to exempt supermarkets and premium cigar retailers; and