Ord 2025-014 Amending the Zoning Code (Tobacco & e-Cigarette)

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ORDINANCE NO. 2025-014 3 WHEREAS, the Community Development Department provided notice of the proposed Zoning Code amendments by publishing a public hearing notice in the East Bay Times’ Daily Review newspaper on October 23, 2025; and WHEREAS, the City’s General Plan, Zoning Code, Municipal Code, and Administrative Code are incorporated herein by reference, and are available for review at City Hall during normal business hours and on the internet at any time. 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 when applicable, incorporated herein by reference. Section 2. Findings. The City Council makes the following findings in support of adopting this ordinance, based on the whole of the record: 1. That the proposed Zoning Code Amendments are consistent with the General Plan because they support the policies of the General Plan to enhance code enforcement efforts that ensure that San Leandro neighborhoods remain attractive and free of public nuisances and update the Zoning Code to respond to trends. 2. That the proposed Zoning Code Amendments are necessary and desirable to achieve the purposes of the Zoning Code because the proposed amendments promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people. The proposed amendments would limit the proliferation of businesses with the primary purpose of selling tobacco, which if not carefully regulated could negatively impact public welfare. Section 3. Amendment of Zoning Code. The San Leandro Zoning Code is hereby amended as shown in the attached “Exhibit A,” which is incorporated herein by reference. Section 4. Environmental Review. The passage of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment under CEQA Guidelines Section 15061(b)(3). Section 5. 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