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File Number: 25-193 <br />related products and electronic-cigarette-related products. <br />o No display of merchandise or signs related to tobacco retailing may be viewable <br />from the exterior of the store. (This regulation was refined after the Planning <br />Commission’s review to clarify that this applies to private property as well as the <br />public right-of-way) <br />·Premium Cigar Retailers would be a permitted use in the three zoning districts that <br />Tobacconists/Cigarette stores are currently conditionally permitted (CC, SA-1, SA-3). <br />·The proposed amendments would define Drug Paraphernalia Stores (establishments <br />where drug paraphernalia is displayed, grouped, marketed, advertised or promoted for <br />sale) in the Zoning Code and expressly prohibits them to make it explicit that they are not <br />permitted. Cannabis dispensaries are not considered Drug Paraphernalia Stores under <br />the code. <br />The new regulations would apply prospectively to any new proposed tobacco retailer. Existing <br />and properly permitted/licensed tobacco retailers would be allowed to continue to operate, <br />subject to the zoning limitations in effect at the time they were established. <br />If the City Council chooses to enact the proposed regulations, staff recommends concurrently <br />terminating by separate ordinance the existing Zoning Moratorium. <br />Repeal of All-Electric Reach Code Requirements <br />In 2022, the City Council adopted local “Reach Code” amendments as part of the Green Building <br />Code to require newly constructed buildings to be all-electric (with limited exceptions). Adoption <br />of the all-electric building requirement was intended to advance the City’s 2021 Climate Action <br />Plan by reducing future greenhouse gas emissions. <br />In 2023, the Ninth Circuit U.S. Court of Appeals handed down a decision in California Restaurant <br />Association v. City of Berkeley, which determined that federal law (the U.S. Energy Policy and <br />Conservation Act) expressly preempts local regulations concerning the use of natural gas <br />appliances. This ruling necessitates the repeal of the City’s 2022 Reach Code amendments <br />requiring that newly constructed buildings be all electric. The attached Ordinance would repeal <br />these preempted regulations. <br />Oversized Vehicle Parking <br />Staff prepared proposed amendments to Section 6-1-430 of the San Leandro Municipal Code to <br />prohibit the parking of oversized vehicles for more than two hours on any public street, highway, <br />alley, or public lot, except under specified exemptions. <br />Pursuant to California Vehicle Code (CVC) Section 22507, cities have the authority to regulate <br />parking. The Municipal Code currently lacks comprehensive controls on oversized vehicles, which <br />can contribute to visual blight, traffic safety concerns, and public right-of-way obstructions. In <br />response to increasing concerns from residents and businesses about oversized vehicle parking <br />on City streets, Staff prepared Municipal Code amendments for the Council’s consideration that <br />would strengthen existing restrictions and enable enforcement of oversized vehicle parking <br />violations. <br />Page 3 City of San Leandro Printed on 9/4/2025