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Home My WebLink AboutProof of Publication - Ordinance 2329 - 04/23/2025PROOF OF PUBLICATION Filing Stamp (20155 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 /1(„ 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 23.— 2025 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: April 23, 2025 At San Jose, California Miller ORDINANCEN0:2329 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING. URGENCY MEASURES TO IMPLEMENT ATEMPORARY MORATORIUM ON THE ISSUANCE OF TOBACCO RETAILER PERMITS AT NEW LOCATIONS IN THE CITY. File No. Pin-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, in2012;Ahe 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. N,o.2165: CMC_Chapter 5.58) WHEREAS, pursuant to Section 65858 of the Government Code and.Section 21.60.090 of the Campbelf Municipal Code, the City Council mey 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 toughly one tobacco retailer per 1,000' residents.;_ ; :.,. WHEREASrwhile the majority of tobacco retailers.. operate in conjunction with another land use activity _. (i.e., part- bf agrocery store, liquorstore .convenience store), in the past fouryears the City has seen a significant increase in the number of,stand-alone" tobkceretail stores WHEREAS, the prevalence of tobacco retail establishments in the City may contribute to various adverse effects. including: 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 impiementa temporary moraiarium on the issuance ,of Tobacco.RetailerPiep is at ne w locations m 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;end welfare, . WHEREAS the City is undertaking astudytoupdate, its Municipal Code to take into account best practices ' for tobacco retail, which shall be completed within a :.' `• reasonable time,nottoexceed;lOmonths and fifteen days from the adoption of this interim ordinance or until it is superseded byadoptton of superseding ordinance, whichever comesfirst.- WHEREAS this Ordinance serves toextendsurgency measures which are protecting the pubic peace health, safety, or.welfare m the City of Campbell as set forth by the interim,ordinance (Ordinance No. 2326).: - WHEREAS itisnotthemtentotthisOrdmance toadoptpermanenEstandards,'requirements or permit 1. tingprocpdgres.TheCityCouncil reservesthe, , nghttoadoptpermanentstanda�ds regwrements andpermittingprocedures that Will supersedethose . contained m the mt_enm ordinance (Ordinance No 2326) WHEREAS considerjn¢theforeeomefindiii'os the': thatthreattopubiich6e lth safety orwelfaee' WHEREAS adoption of this Ordinancemay,pe, found categorically exempt unifier the California EnvironmentalQuality Act (CEQA)pursuanttoSection 15o61(b)(3) because it 6_i s noYcreate environmental impacts anderelypreserves the status quo. The •InterimOrdm inancemay,alsobefoundcetegoricahy - • Health impacts resulting from increased exempt under Section 15308ofthe California ; availabilityand accessibility oftobacco products , EnvironWrit., ualtyActbecauseitisatemporary , aeading to highe(rates of use and associated health ?isks. c S ocial and economic burdens due to smoking�: relatedillne5ses which place greater demands on community health• resources and increase healthcare' costs. r; Environmental concerns as cigarette butts and packaging contribute to litterand environmental degradation Creme and safety challenges, as a higher concentration of retailers can make it more difficult to. monitor_'arid enforce age,restrictioiis and tobacco sales laws. • Land use issues, asanoverconcentrationof tobacco retailers may be found to contribute t'o visual` blight (i.e., frequently -found to be in violation of City.,: sign ordinance),'resuft in reduced retail diversity, arid alter the character of the community: These and otherconcerns highlight the need for,. . thoughtful regulation of tobacco retatl uses to protect public health, safety, and overall community well - being.-', its -'. Code Section 65858 m the interest of evaluating and preventing potential environmental harms related to SECTION,1(SEVERABILITY) If any section, subsection_ sentence,`clause, or phrase of ttiis 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 everysection, subsection, sentence, clause, or phrase not declared invalid or, unconstitutional without regard to whether any portion of the ordinance,wo-60 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.regulatoryachontakenbytheClty,pursuant to its police power arfdin accordance with Govemment Code Section 6est 5858 in the interof evaluating and preventingpotential 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 lO 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: AndreaSanders; City Clerk