CODE AMENDMENT PACKAGE
Administrative, Municipal and Zoning Code Amendments
City Council Meeting
July 7, 2025
1 City staff periodically prepares a package of code amendments to ensure that the City’s regulations remain relevant, accurate and enforceable over time.
Proposed Code Amendments
Update Reasonable
Accommodation
Policy to refine
procedures and
review criteria
Reasonable
Accommodation
Update tobacco
retailing regulations
to establish
reasonable limitations
and facilitate enforcement
Tobacco
Retailing
Repeal existing
requirements for allelectric buildings
preempted by federal
law
Repeal of All-Electric
Building Requirements
Amend regulations
for parking of
oversized vehicles
Oversized Vehicle
Parking
Revise regulations
pertaining to the use
and operation of the
San Leandro Marina
and surrounding
waters
San Leandro
Waterways
2 Reasonable
Accommodation RequestsRecommended Action: Amend the City’s existing Reasonable Accommodation Policy to better align process for granting Reasonable Accommodation Requests with fair housing requirements Reasonable
Accommodation
Requests
The City provides a
process to request relief
from zoning
requirements when
needed to provide a
person with a disability
equal access to housing
Housing
Element
Action 15.2
Action 15.2 calls for the
City to amend the
Reasonable
Accommodation Policy
to better align review
criteria with fair housing
requirements
Proposed Code Amendments
The amendments would revise review criteria and procedures consistentwith the Attorney General’s guidance:• Approval criteria modified to focus on whether the Reasonable Accommodation is necessary to make housing accessible for peoplewith disabilities. • Procedures for granting a Reasonable Accommodation Request separated from other land-use based applications (e.g., Site PlanReview, Conditional Use Permit, etc.).
State
Attorney General
Guidance
The State Attorney
General has provided
guidance to
jurisdictions regarding
Reasonable
Accommodation
Requests
3 Tobacco
RetailingRecommended Action: Amend the City’s Zoning Code to refine regulations pertaining to the sale of tobacco-related products and e-cigarette-related products to:• Improve clarity• Establish reasonable limitations• Facilitate effective enforcement In 2024, the City Council enacted a Zoning Moratorium:• Prohibiting the sale of tobacco-related products and e-cigarette-related products in new locations (with exceptions)
• Prohibiting the establishment of new Tobacconists/Cigarette Stores• The purpose was to provide time for staff to prepare updated regulations• Moratorium extended to June 3, 2026 Recent Tobacco
Retailing Complaints
The City has received numerous
complaints about the proliferation of
new unpermitted smoke shops in
San Leandro
Enforcement
Challenges
Some tobacco retailers initially
complied with zoning limitations, but
later illegally expanded without
complying with zoning requirements
Temporary Zoning Moratorium
4 Tobacco retailing limited to an accessory use to the following uses:
• Drugstore• Beer and Wine Store
Premium Cigar Retailers permitted in zoning districts where Tobacconists/Cigarette stores are currently conditionally permitted (CC, SA-1, SA-3) Drug Paraphernalia Stores (stores where drug paraphernalia is displayed, advertised or promoted for sale) expressly prohibited Regulations would apply to new tobacco retailers. Existing, properly permitted tobacco retailers would be subject to existing zoning limitations Proposed Restrictions on Tobacco Retailing
• Liquor Store• Supermarket greater than 20,000 sf
5 No more than 10% gross floor
area for sale, marketing, display,
and storage
Max 10% Gross
Floor Area
No more than 10 linear feet of
display area for sale, marketing,
display, or storage
Max 10 Linear Feet of
Display
No more than 25% of gross
receipts
Max 25% of Gross
Receipts
No tobacco display or signage
visible from exterior of the store
No Display/Signage
Visible from Exterior
Gross Receipts
Tobacco All Other
No Visible
Signage or
Display
Proposed Measurable Limits on Tobacco Retailing as an Accessory Use 6 Repeal of Reach
Codes Requiring All-Electric Buildings
Recommended Action: Amend the Municipal Code to repeal existing local Reach Code requirements for newly constructed buildings to be all-electric 2021 2022 2023
The City adopted a
Climate Action Plan
with strategies to
reduce future
greenhouse gas
emissions
Climate
Action Plan
The City adopted
“Reach Codes” as
part of the Green
Building Code
requiring newly
constructed
building to be allelectric (with
exceptions)
Adoption of
Reach Codes
In California
Restaurant
Association v. City
of Berkeley, the 9th
Circuit US Court of
Appeals held that
federal law
preempts local
regulations
concerning use of
gas appliances
Federal Law
Preemption
Background
7 Oversized
Vehicle Parking
Recommended Action: Amend the Municipal Code to prohibit the parking of oversized vehicles for more than two hours on public streets, highways, alleys or public parking lots for the purpose of improving:• Street safety• Accessibility• Neighborhood aesthetics Definition would include vehicles exceeding 22 feet in length, 6 feet in width or 7 feet in height. Definition would include RVs, trailers, fifth wheels, semi-trucks Proposed Amendments
Prohibit parking of oversized vehicles on public streets, highways, alleys or public parking lots for more than two-hours unless loading, unloading or performing a service Define
Oversized
Vehicle
Restrict
Parking
Background
The California Vehicle Code provides cities with the authority to regulate parking Existing Municipal Code regulations lack comprehensive controls on oversized vehicles Increasing concern from residents and businesses about oversized vehicle parking on City streets 8 San
Leandro WaterwaysRecommended Action: Amend the Municipal Code to refine regulations pertaining to the use and operation of San Leandro Waterways 9 Prohibits anchoring, living aboard or beaching a vessel in San Leandro waters Proposed Amendments
Provides for issuance of a special permit for anchoring or mooring a vessel for special events Waterway Regulations
Special Permit
Background
The City of San Leandro regulates the portion of San Francisco Bay that fall within the City Limits Existing Municipal Code regulates the use and operation of the San Leandro Marina and surrounding waters The existing code has been inadequate in regulating anchoring and live aboard boaters in waterways outside of the Marina The City closed the Marina in early 2023 and blocked boats from using the Marina in 2024 Boats have since been observed anchoring overnight in San Leandro waters Allows the City to issue a notice to abate or perform emergency removal at a cost, if needed, to the General Fund (est. $12,000 per vessel).
Violations
Recommendation
Staff recommends the City Council introduce an Ordinance amending the Zoning Code and Municipal Code, adopt a Resolution amending the Administrative Code, and adopt an Ordinance terminating the City’s existing Temporary Zoning Moratorium regarding tobacco retailing 10