Ord 2024-010 Urgency Ordinance Tobacco Zoning Moratorium

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Ordinance No. 2024-010 3 WHEREAS, on July 1, 2024, in accordance with Government Code §65858(a), the City Council held a properly noticed public hearing to consider extending the moratorium for a period of one (1) year, (10) months, and fifteen (15) days from that date that Ordinance No. 2024-007 would have otherwise expired; and WHEREAS, the City Council desires to adopt this Ordinance to extend the moratorium. 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 staff report dated July 1, 2024, as well as oral and written testimony at the July 1, 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 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. 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,