San Leandro Planning Commission and Board of Zoning Adjustments Meeting Summary - May 5, 2025

The San Leandro Planning Commission and Board of Zoning Adjustments met on May 5, 2025, at 7:00 PM in City Council Chambers. The meeting lasted approximately 54 minutes, concluding at 7:54 PM. Commissioners discussed and voted to recommend zoning code amendments regarding tobacco retailing and oversized vehicle parking, and postponed the election of a new Chair and Vice Chair.

Consent Calendar

• Minutes of February 6, 2025: Approved unanimously (5-0) with Vice Chair Tejada acting as Chair, Commissioners Mendoza, Solis, Rich, and Nay present. Chair Zuber and Commissioner Tabjulu were absent.

Public Comments & Testimony

• No public comments were made during the general public comment period.
• During the public hearing on zoning code amendments, two members of the public spoke:
  • Monesh Josan, owner of a 7-Eleven in San Leandro for 27 years, expressed concern about the proposed 25% gross receipts threshold for tobacco sales (which he referred to as a 20% requirement). He stated that meeting such a fixed percentage is not workable in daily operations and asked for reconsideration, noting he has never had a tobacco violation.
  • Al Makdad Al-Harbi, a business owner in San Leandro since 1998, acknowledged previous compliance issues but stated he has worked with the city to reduce his floor display. He argued that the proposed 25% sales threshold is unfair because tobacco products are expensive compared to other items, and that unlicensed stores selling illegal products are a greater concern. He requested the threshold be reconsidered.

Public Hearing: Zoning Code Amendments (ZCA24-002)

• Presentation: Senior Planner Cindy Lemaire presented the proposed amendments, which stem from a 2023-2024 city council priority to address complaints about new smoke shops. A moratorium on new tobacco retail licenses was established in June 2024. Staff analyzed business and tobacco retail license records and found several non-compliant businesses. Enforcement actions have been ongoing.
• Tobacco Retailing Amendments:
  • Tobacco retailing would be limited to an accessory use only for drug stores, beer and wine stores, liquor stores, and supermarkets over 20,000 square feet.
  • New restrictions: maximum 10% of gross floor area for sale, marketing, display, and storage; maximum 10 linear feet of display area; maximum 25% of gross receipts from tobacco sales; no tobacco signage or display visible from public right-of-way (including sidewalks).
  • Premium cigar retailers are exempt and permitted in certain zoning districts (CC, SA1, SA3).
  • Drug paraphernalia stores are prohibited.
  • Existing compliant tobacco retailers would be considered legal nonconforming uses; if discontinued for 180 days, the use terminates.
• Oversized Vehicle Parking: Relocation of municipal code provisions regarding oversized vehicle parking into the zoning code for clarity. The amendment restricts parking in front yards and street side yards when a reasonable alternative (e.g., rear yard) exists, and prohibits overhanging sidewalks (consistent with state law).
• Commission Discussion:
  • Commissioner Rich asked about enforcement improvements; staff noted that prohibiting standalone smoke shops makes illegal operations easier to identify.
  • Commissioner Mendoza raised concerns about the 25% sales threshold for new businesses, suggesting a higher percentage (e.g., 50%) might be more workable. City Attorney Alex Mog clarified the 25% applies only to new businesses, not existing ones.
  • Commissioner Solis questioned how enforcement targets bad actors versus compliant businesses; Planning Manager Wayland Li explained enforcement focused on unlicensed stores first.
  • Commissioner Rich felt the amendments strike a balance and are fair.
  • Commissioner Nay asked about the origin of the 10% floor area and 10 linear foot limits; staff cited consistency with San Francisco regulations.
  • Commissioner Rich asked about a potential variance for chain stores opening new locations; staff cautioned that creating carve-outs undermines the clarity and fairness of bright-line rules.
  • Commissioner Nay noted that new businesses have advance knowledge of the rules.
  • Commissioner Solis stated staff had done due diligence and supported the proposed amendments.
• Vote: A motion to adopt a resolution recommending the City Council adopt the zoning code amendments was made by Commissioner Rich and seconded by Commissioner Solis. Passed 5-0 (Chair Zuber and Commissioner Tabjulu absent).

Commission Reports and Announcements

• Secretary Avalon Schultz introduced newly appointed Commissioner Jennifer Nay.
• Schultz announced that the 880 Doolittle project (PLN22-0039) had been appealed to the City Council, with a hearing scheduled for May 5, 2025.
• Election of Chair and Vice Chair: A motion was made by Commissioner Solis and seconded by Commissioner Mendoza to postpone the election to a future meeting when Chair Zuber is present. Passed 5-0.

Key Outcomes

• Zoning Code Amendments: Approved resolution to recommend City Council adoption of amendments to tobacco retailing and oversized vehicle parking regulations. The resolution will be forwarded to the City Council for final action; no appeal period applies as it is a recommendation.
• Election Postponed: Election of new Planning Commission Chair and Vice Chair postponed until Chair Zuber is present at a future meeting.
• Meeting adjourned at 7:54 PM.