Stanton

City Council

February 27, 2024 Order of Business 7 #A

Agenda Item A

7A. AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF STANTON, CALIFORNIA, ESTABLISHING A TEMPORARY\nMORATORIUM ON THE ESTABLISHMENT OF ANY NEW TOBACCO RETAILER\nBUSINESS, AS DEFINED, AND TEMPORARY MORATORIUM ON ANY\nEXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY EXISTING\nTOBACCO RETAILER BUSINESSES PENDING STUDY AND THE PREPARATION\nOF AN UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE\nPURSUANT TO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND\nDETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA\nDue to the continuing need to protect the public safety, health, and welfare of the\ncommunity from illegal sales of flavored tobacco products, and the comprehensive\nnature of the necessary review of the applicable Municipal Code regulations including\noperational standards, zoning regulations, and other pertinent revisions aimed at\nreducing the unlawful sale of flavored tobacco products, the City Council is asked to\nconsider an extension of the interim urgency ordinance to temporarily prohibit the\nestablishment of any new tobacco retailer business and/or the expansion, enlargement,\nor alteration of any existing tobacco retailer businesses within the City. The interim\nurgency ordinance would provide the City with sufficient time to develop new municipal\nand zoning code regulations. The length of the moratorium would be 10 months and 15\ndays.\nRECOMMENDED ACTION:\n1. City Council find that the proposed urgency ordinance is:\na) Not a “project” within the meaning of Section 15378 of the State of California\nEnvironmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of\nRegulations) because it has no potential for resulting in physical change in the\nenvironment, directly or indirectly; and\nb) 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\nactivity in question may have a significant effect on the environment.\n2. Receive and file the 10-day action report for the conclusion of the 45-day\nmoratorium; and\n3. Adopt Urgency Ordinance No. 1139, entitled:\n“AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE\nCITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA\nESTABLISHING A TEMPORARY MORATORIUM ON THE\nESTABLISHMENT OF ANY NEW TOBACCO RETAILER BUSINESS,\nAS DEFINED, AND A TEMPORARY MORATORIUM ON ANY\nFebruary 27, 2024\nEXPANSION, ENLARGEMENT, AND/OR ALTERATION OF ANY\nEXISTING TOBACCO RETAILER BUSINESS FOR 10 MONTHS AND 15\nDAYS PENDING STUDY AND THE PREPARATION OF AN UPDATE\nTO THE CITY’S MUNICIPAL CODE AND ZONING CODE PURSUANT\nTO GOVERNMENT CODE SECTIONS 65858 AND 36937 AND\nDETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA”.