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HomeMy WebLinkAboutProof of Publication - Ordinance 2326 - 04/02/2025PROOF OF PUBLICATION (2015.5 c.c.p.) PROOF OF PUBLICATION State of California County of Santa Clara I am a citizen of the United States and a resident of the State of California: I am over the age of 18 years, and not party to or interested in the above -entitled matter. I am the principal clerk of the printer of Metro Silicon Valley's Weekly Newspaper, 380 South First Street, San Jose, California 95113 a newspaper published in the English language in the City of San Jose, and adjudged a newspaper of general circula- tion as defined by the laws of the State of California by the Superior court of the county of Santa Clara, State of California, on April 7, 1988, Case No. 651274; that the notice of which annexed is a printed copy has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the follow- ing dates: April 2 — 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: April 2, 2025 At San Jose, California Dave Miller Filing Stamp C C 066 ORDINANCE NO. 2326 BEING AN INTERIM ORDINANCE OFTHE 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. 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 , f 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, I being. WHEREAS, the Community Development Department plans to study changes to the City zonfhg 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. WHEREASconsidering 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 maybe 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 e Section in ievaluating preventing potential environmental hamsrelated 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 CAMPBELL DOES HEREBY ORDAIN OF N AS FOLLOWS: 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 andassociated health risks. • Social and economic burdens due to smoking -related SECTION (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 i the renewal of any existing tobacco retailer's permit previously -issued by the City of Campbell. SECTION 3(EXCEPTIONSTOTHE MORATORIUM).This Ordinance shall not apply tothe issuance ofTobacco I Retailer Permits for a business operating at the exact same physical location where a valid Tobacco Retailer Permit had been previously issued. For the purposes 1 of this Section,'samephysical location' meansthe identical tenant space as previously permitted by the City of Campbell for a Tobacco Retailer Permit, in accordance with Chapter 5.58 (Tobacco Retailer i Permit) of the Campbell Municipal Code, without any i enlargement,relocation. or reconfiguration, that would I alter its location or gross floor area within the property. i SECTION 4 (SEVERABILITY). It any section, sentence. clause, phrase, word, or other provision of this, Ordinance is for any reason held to be unconstitutional 1 or otherwise invalid, such holding shall not affect ttie validity of the remaining sections, sentences, clauses, phrases, Words or other provisions of this Ordinance, or the validity,ofthis ordinance, shallstand I notwithstanding the invalidity of any section, sentence. clause, phrase, word or other provision. SECTIONS (CEQADETERMINATION) The proposed Ordinance is exempt under Section 15061(b)(3) of the I California Environmental Quality Act because ltdoes no 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 inaccordance With Government Code Section !I 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 45days' unless extended` or repealed by the City Council in accordance with , applicable law. SECTION 7 (PUBLICATION). The City Clerk shall cause I this Ordinance to be published and shall be published, days or summary thereof,onetimewithintifteenofg general I upon passage and adoption in a newspaper of general circulation, such as the Metro Silicon Valley. for the City t 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, SCOZ701a, Furtado. Lopez NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: Sergio Lopez. Mayor ATTEST: Andrea Sanders, City Clerk