San Leandro City Council
November 3, 2025

TOBACCO RETAILING
Code Amendments
City Council
November 3, 2025
1 Background
2 Tobacco Retailing
Complaints
Temporary Zoning
Moratorium
Code Amendments
Prepared
Additional Stakeholder
Engagement
• Complaints received
about the proliferation
of unpermitted smoke
shops
• Some retailers initially
comply with zoning
limitations, but later
illegally expand
• June 2024: City Council
adopted Zoning
Moratorium
• July 2024: Moratorium
extended to June 2026
• Temporarily prohibited
the sale of tobaccorelated products in new
locations
• Temporarily prohibited
the establishment of
new Tobacconists /
Cigarette Stores
• Provided time for staff
to prepare updated
regulations
Purpose of amendments:
• Establish reasonable
limits
• Facilitate effective
enforcement
• Improve clarity
July 2025: City Council
requested additional
engagement with
stakeholders prior to
taking action
3 Stakeholder Engagement
Revision to Proposed Amendments:
• Allow tobacco sales as an accessory use for
Convenience Stores
• Amend the B-TOD Zoning District to require a
CUP for Convenience Stores (to be consistent
with requirements for other zones)
• Increase maximum display area from 10 to 15
linear feet
Planning Commission Action:
• Voted 7-0 to recommend adoption
• Letter submitted from CA Fuels + Convenience
Alliance with a neutral position
• No public speakers
August 5, 2025: Online Meeting
• 11 participants
• Clarified new zoning limitations would apply
to new retailers
• Participants advocated for tobacco sales as
an accessory use for new Convenience
Stores
August 20, 2025: Office Hours
• One participant
• Provided clarifying information
August 28, 2025: In Person Meeting
• Four participants
• Similar discussion as August 5th meeting
No more than 10% gross floor
area for sale, marketing, display,
and storage
Max 10% Gross
Floor Area
No more than 15 linear feet of
display area for sale, marketing,
display, or storage
Max 15 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 Zoning Code Amendments (Revised)
4 Tobacco retailing limited to an accessory use to the following uses:
• Drugstore
• Liquor Store
• Beer and Wine Store
• Supermarket greater than 20,000 sf
• Convenience Stores
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 Tobacco Retailing as an Accessory Use
Premium Cigar Retailers
Drug Paraphernalia Stores
B-TOD Zone amended to require a Conditional Use Permit for Convenience Stores to create consistency with other zones CUP Required for Convenience Stores in B-TOD
5 Recommendation
Staff recommends the City Council:
1) Introduce an Ordinance Amending the Zoning Code to Modify Regulations Pertaining to the Sale of Tobacco-Related Products and E-Cigarette-Related Products within City Limits
2) Adopt an Ordinance terminating the Temporary Zoning
Moratorium on the effective date of the code amendments