Ord 2024-010 Urgency Ordinance Tobacco Zoning Moratorium

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Ordinance No. 2024-010 4 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 in size, or a premium cigar retailer. For the purposes of this ordinance, a premium cigar retailer is a retailer that: 1) sells no tobacco-related products or electronic cigarette-related products other than cigars, and 2) sells cigars for a price of no less than ten dollars ($10) per cigar. 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 one year, ten (10) months and fifteen (15) days from July 1, 2024, unless it is extended pursuant to Government Code section 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 Section 15061(b)(3), the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment; the proposed ordinance does not authorize or approve any use or project, but rather prohibits the temporary establishment of certain types of new land uses, and preserves the status quo, and therefore has no potential for resulting in physical change in the environment, directly or indirectly. Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 7. Effective Date and Duration. This ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an urgency ordinance for preserving the public health, safety and welfare and shall take effect and be enforced immediately upon adoption. Section 8. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law. Introduced by Councilmember Aguilar and passed and adopted this 1st day of July 2024 by the following vote: