CC Ordinance 2329 - Extend Urgency Measures to Implement a Temporary Moratorium on the Issuance of Tobacco Retailer Permits at New Locations in the City ORDINANCE NO. 2329
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
EXTENDING 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, 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, 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.
WHEREAS, as of January 2025, the city has city had 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, 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.
• 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, 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, on March 18, 2025, the City Council adopted an interim ordinance establishing
urgency measures to implement a temporary moratorium on the issuance of Tobacco Retailer
Permits at new locations in the city, finding 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, the City is undertaking a study to update its Municipal Code to take into account
best practices for tobacco retail, which shall be completed within a reasonable time, not to
exceed 10 months and fifteen days from the adoption of this interim ordinance, or until it is
superseded by adoption of superseding ordinance, whichever comes first.
WHEREAS, this Ordinance serves to extends urgency measures which are protecting the
public peace, health, safety, or welfare in the City of Campbell as set forth by the interim
ordinance (Ordinance No. 2326).
WHEREAS, it is not the intent of this Ordinance to adopt permanent standards, requirements,
or permitting procedures. The City Council reserves the right to adopt permanent standards,
requirements, and permitting procedures that will supersede those contained in the interim
ordinance (Ordinance No. 2326).
WHEREAS, considering the foregoing findings, the City Council further finds that there is a
current and immediate threat to the public health, safety, or welfare, and that adherence to
existing standards, requirements, and permitting procedures in conflict with the urgency
measures as set forth by the interim ordinance (Ordinance No. 2326) that would result in that
threat to public health, safety, or welfare.
WHEREAS, adoption of this Ordinance may be found categorically exempt under the
California Environmental Quality Act(CEQA) pursuant to Section 15061(b)(3) because it does
not create environmental impacts and merely preserves the status quo. The Interim
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.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1 (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 shall not affect the validity of the remaining portions
of the Ordinance. The City Council hereby declares that it would have passed this interim
ordinance and each and 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 2 (CEQA): Extension of the interim ordinance is categorically 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 3 (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.
SECTION 4 (EFFECTIVENESS): Interim Ordinance No. 2326 is hereby extended for 10
months and fifteen days, or until it is superseded by adoption of superseding ordinance,
whichever comes first.
PASSED AND ADOPTED this 15th day of April, 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: A001 deAJ
Andrea San ers, City Clerk
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