Stanton

City Council

January 23, 2024 Order of Business 10 #B

Agenda Item B

10B. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nSTANTON, CALIFORNIA ESTABLISHING A TEMPORARY MORATORIUM ON THE\nESTABLISHMENT OF ANY NEW TOBACCO RETAILER BUSINESS, AS DEFINED,\nAND TEMPORARY MORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR\nALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESSES PENDING\nSTUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL\nCODE AND ZONING CODE PURSUANT TO GOVERNMENT CODE SECTIONS 65858\nAND 36937 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA\nThe City of Stanton (“City”) has identified ongoing violations among local tobacco retailers\nthat continue to sell flavored tobacco products in violation of Senate Bill 793 (“SB 793”)\nand the Stanton Municipal Code (“SMC”). The persistence of these sales not only violates\nState law but also impedes SB 793’s core objective of reducing the prevalence of\nadolescent tobacco use throughout California.\nTo safeguard youth and curb illegal tobacco sales within the City, the City Council is asked\nto consider an interim urgency ordinance to temporarily prohibit the establishment of\n“tobacco retailers,” as defined, below, and/or the expansion, enlargement, or alteration of\nexisting tobacco retailers within the City. The interim urgency ordinance is intended to\nprovide the City with sufficient time to study the continuing impacts of these\nestablishments and to develop new municipal and zoning code regulations.\nRECOMMENDED ACTION:\n1. City Council find that the proposed urgency ordinance is: Not a “project” within the\nmeaning of Section 15378 of the State of California Environmental Quality Act\n(“CEQA”) Guidelines (Title 14 of the California Code of Regulations) because it has\nno potential for resulting in physical change in the environment, directly or indirectly\nand is exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA\nGuidelines, as it can be seen with certainty that there is no possibility that the activity\nin question may have a significant effect on the environment; and\n2. Adopt Urgency Ordinance No. 1138, entitled:\n“AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF STANTON, CALIFORNIA ESTABLISHING A TEMPORARY\nMORATORIUM ON THE ESTABLISHMENT OF ANY NEW TOBACCO\nRETAILER BUSINESS, AS DEFINED, AND A TEMPORARY\nJanuary 23, 2024\nMORATORIUM ON ANY EXPANSION, ENLARGEMENT, AND/OR\nALTERATION OF ANY EXISTING TOBACCO RETAILER BUSINESS\nPENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE\nCITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT TO\nGOVERNMENT CODE SECTIONS 65858 AND 36937 AND DETERMINING\nTHE ORDINANCE TO BE EXEMPT FROM CEQA”.