Loading...
HomeMy WebLinkAboutCC Ordinance 26-2343 - Public Hearing to consider the adoption of an ordinance to extend Interim Ordinance No. 2326 which established urgency measures to implement a temporary moratorium on the issuance of Tobacco Retailer PermitsORDINANCE NO. 26-2343 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 Council for the City of Campbell (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; CIVIC 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 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; and, the City 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 Ordinance No. 2326 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, on April 15, 2025, the City Council adopted Ordinance No. 2329, which extended City Council Ordinance No. 2326 for a period of 10 months and fifteen days, or until it was superseded by the adoption of a superseding ordinance, whichever came first. WHEREAS, City Council Ordinance No. 2326 was not superseded by the adoption of a superseding ordinance, and will expire on March 2, 2026, unless extended. 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 one (1) year from the date City Council Ordinance No. 2329 would otherwise expire, and shall expire on March 2, 2027, unless superseded by the adoption of a permanent or subsequent ordinance. WHEREAS, this ordinance serves to extend urgency measures which are protecting the public peace, health, safety, or welfare in the City of Campbell as set forth by the City Council Ordinance No. 2326. WHEREAS, it is not the intent of this ordinance to adopt permanent standards, requirements, or permitting procedures; and, the City Council reserves the right to adopt permanent standards, requirements, and permitting procedures that will supersede those contained in City Council 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 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; and, this 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. Page 2 of 3 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 (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 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 City Council Ordinance No. 2326 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): City Council Ordinance No. 2326 is hereby extended for a period of one year, commencing on March 2, 2026, the date City Council Ordinance No. 2329 would otherwise expire, and shall expire on March 2, 2027, or until it is superseded by adoption of permanent or superseding Ordinance, whichever comes first. PASSED AND ADOPTED this 3rd day of February, 2026 by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Bybee, Scozzola, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: L) 6r,\ Daniel E. Furtado, Mayor ATTEST: Andrea Sanders, City Clerk Page 3 of 3 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; CIVIC 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. City Council Ordinance No. 2326 PLN-2025-12 — Tobacco Retailer Permits Moratorium 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 City Council Ordinance No. 2326 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: Andrea Sand :r , City Clerk 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; CIVIC 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. Page 2of3 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: /(°%� .G�� Andrea San ers, City Clerk Page 3 of 3