CC Ordinance 2326 - Interim Ordinance Establishing Urgency Measures to Implement a Temporary Moratorium on the Issuance of Tobacco Retailer Permits at New Locations in the City ORDINANCE NO. 2326
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL ESTABLISHING URGENCY MEASURES TO
IMPLEMENT A TEMPORARY MORATORIUM ON THE ISSUANCE
OF TOBACCO RETAILER PERMITS AT NEW LOCATIONS IN THE
CITY. FILE NO. PLN-2025-12
WHEREAS, after notification and public hearing, as specified by law and after presentation
by the Community Development Director, proponents and opponents, the hearing was
closed.
WHEREAS, pursuant to Section 65858 of the Government Code and Section 21.60.090 of
the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency
measures as an Interim Ordinance (hereinafter "Ordinance").
WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the
California Constitution and Government Code Sections 65302 and 65800, conferred upon
local governments the authority to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry.
WHEREAS, in 2012, the City adopted an Ordinance requiring all tobacco retailers to obtain
a "Tobacco Retailer Permit"to ensure that retailers comply with tobacco control laws and City
business standards (CC Ord. No. 2165; CMC Chapter 5.58).
WHEREAS, as of January 2025, the city has city has approximately 42 "active" Tobacco
Retailers, which equates to roughly one tobacco retailer per 1,000 residents.
WHEREAS, while the majority of tobacco retailers operate in conjunction with another land
use activity (i.e., part of a grocery store, liquor store, convenience store), in the past four years
the City has seen a significant increase in the number of"stand-alone" tobacco retail stores.
WHEREAS, several neighboring jurisdictions, including Santa Clara County, San Jose, Los
Gatos, and Saratoga, have implemented restrictions on tobacco retailers, such as density
limitations, proximity restrictions near schools, or limiting the sale of flavored tobacco or
vaping products. Campbell currently lacks these regulatory measures, making it an outlier in
the region with also a higher per capita concentration of tobacco retailers.
WHEREAS, the prevalence of tobacco retail establishments in the City may contribute to
various adverse effects, including:
• Health impacts resulting from increased availability and accessibility of tobacco
products, leading to higher rates of use and associated health risks.
• Social and economic burdens due to smoking-related illnesses, which place greater
demands on community health resources and increase healthcare costs.
• Environmental concerns as cigarette butts and packaging contribute to litter and
environmental degradation.
• Crime and safety challenges, as a higher concentration of retailers can make it more
difficult to monitor and enforce age restrictions and tobacco sales laws.
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PLN-2025-12 —Tobacco Retailer Permits Moratorium Page 2 of 3
• Land use issues, as an overconcentration of tobacco retailers may be found to
contribute to visual blight(i.e., frequently found to be in violation of City sign ordinance),
result in reduced retail diversity, and alter the character of the community.
These and other concerns highlight the need for thoughtful regulation of tobacco retail uses
to protect public health, safety, and overall community well-being.
WHEREAS, the Community Development Department plans to study changes to the City
zoning ordinances and other ordinances within a reasonable time to address the foregoing
concerns, with which the uses currently authorized by Tobacco Retailer Permits may be in
conflict.
WHEREAS, considering the foregoing findings, the City Council further finds that there is a
current and immediate threat to the public health, safety, and welfare, and that approval of
additional Tobacco Retailer Permits would result in and exacerbate that threat to public
health, safety and welfare.
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section
15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found categorically exempt from environmental
review under Section 15061(b)(3) of the California Environmental Quality Act because it does
not create environmental impacts and merely preserves the status quo.
WHEREAS, the proposed Ordinance may also be found categorically exempt under Section
15308 of the California Environmental Quality Act because it is a temporary regulatory action
taken by the City pursuant to its police power and in accordance with Government Code
Section 65858 in the interest of evaluating and preventing potential environmental harms
related to tobacco sales.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council
provided due consideration of all evidence presented and provided in the entire administrative
record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1 (PURPOSE). This Ordinance establishes urgency measures to implement a
temporary moratorium on the issuance of tobacco retailer permits at new locations in the
City.
SECTION 2 (MORATORIUM ESTABLISHED). This Ordinance imposes a moratorium on
the issuance of any Tobacco Retailer Permit, as set forth by Chapter 5.58 (Tobacco Retailer
Permit) of the Campbell Municipal Code. This moratorium shall not apply to the renewal of
any existing tobacco retailer's permit previously issued by the City of Campbell.
SECTION 3 (EXCEPTIONS TO THE MORATORIUM). This Ordinance shall not apply to
the issuance of Tobacco Retailer Permits for a business operating at the exact same
physical location where a valid Tobacco Retailer Permit had been previously issued. For the
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PLN-2025-12 —Tobacco Retailer Permits Moratorium Page 3 of 3
purposes of this Section, 'same physical location' means the identical tenant space as
previously permitted by the City of Campbell for a Tobacco Retailer Permit, in accordance
with Chapter 5.58 (Tobacco Retailer Permit) of the Campbell Municipal Code, without any
enlargement, relocation, or reconfiguration, that would alter its location or gross floor area
within the property.
SECTION 4 (SEVERABILITY). If any section, sentence, clause, phrase, word, or other
provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid,
such holding shall not affect the validity of the remaining sections, sentences, clauses,
phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall
stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other
provision.
SECTION 5 (CEQA DETERMINATION) The proposed Ordinance is exempt under Section
15061(b)(3) of the California Environmental Quality Act because it does not create
environmental impacts and merely preserves the status quo and under Section 15308 of the
California Environmental Quality Act because it is a temporary regulatory action taken by
the City pursuant to its police power and in accordance with Government Code Section
65858 in the interest of evaluating and preventing potential environmental harms related to
tobacco sales.
SECTION 6 (EFFECTIVE DATES). This Ordinance shall take effect immediately upon its
passage and shall remain in effect for 45 days, unless extended or repealed by the City
Council in accordance with applicable law.
SECTION 7 (PUBLICATION). The City Clerk shall cause this Ordinance to be published and
shall be published, or summary thereof, one time within fifteen (15) days upon passage and
adoption in a newspaper of general circulation, such as the Metro Silicon Valley, for the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 18th day of March, 2025, by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED:
Sergio Lopez, Mayor
ATTEST
: (/I41 / fl44
Andrea Sand �� , City Clerk