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San Leandro council moves to tighten zoning on tobacco‑focused stores and end two‑year moratorium

San Leandro City Council · December 17, 2024
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Summary

After community outreach, the council voted unanimously to introduce zoning changes that would require additional oversight of tobacco‑focused retailers, allow tobacco as an accessory use in some new convenience stores, and raise the maximum display area from 10 to 15 linear feet.

The San Leandro City Council on Nov. 3 voted to introduce a zoning ordinance that would revise how the city regulates businesses primarily selling tobacco products and end a temporary zoning moratorium first adopted in 2024.

Planning Division Manager William Lee told the council staff had heard from convenience store operators and adjusted the proposal accordingly. The three primary changes in staff’s proposal are: allowing tobacco sales as an accessory use at some new convenience stores, requiring a conditional use permit for convenience stores in the Bay Fair transit‑oriented district so the city can exercise additional oversight, and increasing the maximum display area for tobacco products from 10 linear feet to 15 (to accommodate typical shelving). Lee said the planning commission reviewed the item in October and recommended council adoption; staff received one neutral letter from the California Fuels and Convenience Alliance.

Why it matters: Staff framed the amendments as an effort to make enforcement more effective against businesses that evolve into principally tobacco sellers without appropriate zoning approvals. Supporters of stronger limits said the rules will help protect public health; convenience store owners asked for clarity on license transferability and minor practical adjustments.

Council action: After brief Q&A on licensure and enforcement, Council member Vivaro Swalton moved to conduct a first reading of the ordinance and to adopt a companion ordinance terminating the temporary moratorium. Vice Mayor Bowen seconded; the motion passed unanimously with Council member Azevedo absent.

Staff next steps: Planning staff will prepare ordinance language for formal adoption and bring back the implementation schedule. The moratorium termination will take effect on the effective date of the new code, as recommended by staff.

Quote: William Lee said staff revised the proposal after outreach, noting the intent was to “establish reasonable and enforceable limits” and that the increase in display area to 15 linear feet was requested by convenience store operators to fit standard shelving.