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9/15/2025 4:51:04 PM
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CM City Clerk-City Council
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7/7/2025
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File Number: 25-193 <br /> <br />Reasonable Accommodation Requests <br />The City of San Leandro has an existing Reasonable Accommodation Request Policy for Zoning <br />and Land Use (Administrative Code Chapter 5, Article 3) that provides a procedure for persons <br />with disabilities seeking equal access to housing under the Federal Fair Housing Act and the <br />California Fair Employment and Housing Act to request relief from the strict application of zoning <br />laws and other land use regulations. A request for reasonable accommodation is intended to <br />provide a person with a disability equal opportunity to housing of his/her choice. <br />The City’s 2023-2031 Housing Element (Action 15.2) identified a need to modify the City’s <br />Reasonable Accommodation Policy to better align with fair housing requirements and the State <br />Attorney General’s 2022 guidance on reasonable accommodations (Attachment I). Proposed <br />Administrative Code amendments would meet this objective by adjusting the criteria and <br />procedures for granting a reasonable accommodation request to be independent of other <br />land-use and zoning-based decisions. <br />Tobacco Retailing <br />On June 3, 2024, the City Council enacted a temporary Zoning Moratorium (Attachment J) to: 1) <br />Prohibit the sale of tobacco related products or electronic-cigarette-related products in new <br />locations; and 2) Prohibit the establishment of new Tobacconist/Cigarette stores (businesses <br />devoted primarily to the sale of tobacco-related products or electronic-cigarette-related products). <br />The original term of the Zoning Moratorium was 45-days but was later extended by the City <br />Council (Attachment K) to a two-year term, expiring on June 3, 2026. The purpose of the Zoning <br />Moratorium was to pause the establishment of new tobacco retailers in the City while providing <br />staff with time to prepare amendments to outdated zoning regulations that contributed to <br />enforcement challenges. <br />Staff prepared Zoning Code amendments that would establish reasonable limitations on the sale <br />of tobacco-related products and facilitate effective enforcement: <br />·Prohibiting tobacco retailing, except: <br />o As accessory to the following uses: <br />§Drugstore <br />§Beer and Wine Store <br />§Liquor Store <br />§Supermarket (greater than 20,000 SF) <br />o Premium Cigar Retailers <br />·Establishing the following limits for tobacco retailing as an accessory use: <br />o No more than 10-percent of gross floor area may be utilized for the sale, marketing, <br />display or storage of tobacco-related products and electronic-cigarette-related <br />products. <br />o No more than 10 total linear feet of display area may be utilized for the sale, <br />marketing, display or storage of tobacco-related products and <br />electronic-cigarette-related products. <br />o No more than 25-percent of gross receipts may be derived from the sale of tobacco <br />Page 2 City of San Leandro Printed on 9/4/2025
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