OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Leandro Planning Commission and BZA Meeting - May 5, 2025

City CouncilMonday, May 5, 2025
BodySan Leandro, California
SessionCity Council
DateMonday, May 5, 2025
StatusFILED
Video Record
0:00 / 50:27

Transcript — Verbatim
0:23

Okay, roll call.

0:25

Will the secretary please conduct the roll call?

0:28

Yes.

0:29

We'll let the record reflect that Chair Zuber is absent tonight.

0:33

Vice Chair Tehada.

0:35

Present.

0:36

Commissioner Mendoza.

0:39

Commissioner Rich.

0:41

Present.

0:41

Commissioner Solis.

0:43

Present.

0:44

Commissioner Tabjulu is not here just yet.

0:48

And Commissioner Nay.

0:50

Present.

0:51

Thank you.

0:56

The next item on the agenda is announcements.

0:59

Ms.

0:59

Secretary, are there any announcements this evening?

1:02

Yes, I'd like to announce our new commissioner, Jennifer Nay.

1:07

Welcome her to the Planning Commission.

1:10

Thank you.

1:10

We're really happy to have you here.

1:20

Was it was the new industrial building where the former espresso parking building was located?

1:27

It was appealed by two different entities and is scheduled to be heard by the city council this Monday evening, May 5th.

1:36

So just an update on the planning commission's action.

1:39

And that's it.

1:43

Perfect.

1:44

Thank you.

1:44

Moving on to the consent calendar.

1:47

The next item on the agenda is the consent calendar.

1:50

There is one item on the consent calendar this evening.

1:53

The draft minutes for the planning commission meeting of February 6th, 2025.

1:58

Would any commissioners like to pull the item from the consent calendar for corrections?

2:02

If not, may I have a motion to approve the consent calendar.

2:10

Commissioner.

2:11

Commissioner Solis.

2:12

I'll make the motion.

2:14

We have a motion.

2:16

It has been moved by Commissioner Solis.

2:19

Taken.

2:20

And seconded by Commissioner Mendoza that the consent calendar be approved.

2:28

Please vote on your screens.

2:40

Motion passes with five yeses.

2:44

And one absentee at the moment.

2:50

Commissioner Tabjulu.

2:53

Okay.

2:59

The next item on the agenda is staff reports and announcements.

3:03

Ms.

3:03

Secretary, do we have any staff reports or announcements this evening?

3:08

No.

3:12

Okay.

3:12

Moving on.

3:13

The next item on the agenda is public comments.

3:16

The public is invited to make any comments related to the agenda items that are not listed under public hearings or other items of public interest at this time.

3:25

If you wish to speak during public comments, please fill out a speaker card and hand it to the administrative assistant and speakers will be invited to speak.

3:34

Public comments are limited to three minutes per person.

3:37

If you wish to comment on an item listed under the public hearings portion of the agenda, you will have an opportunity opportunity to do so when the item is heard.

3:46

Please fill out the speaker card and hand it to the administrative assistant.

3:50

We are now taking public comments.

3:53

This is the time when any person may address the board on matters not listed on this agenda.

Discussion Breakdown — Share of Meeting
Cannabis Regulation█████████████████████████████████████████████55%
Public Safety████████████████████████29%
Procedural█████████████16%
Summary of Proceedings

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.

Meeting Transcript

Okay, roll call. Will the secretary please conduct the roll call? Yes. We'll let the record reflect that Chair Zuber is absent tonight. Vice Chair Tehada. Present. Commissioner Mendoza. Commissioner Rich. Present. Commissioner Solis. Present. Commissioner Tabjulu is not here just yet. And Commissioner Nay. Present. Thank you. The next item on the agenda is announcements. Ms. Secretary, are there any announcements this evening? Yes, I'd like to announce our new commissioner, Jennifer Nay. Welcome her to the Planning Commission. Thank you. We're really happy to have you here. Was it was the new industrial building where the former espresso parking building was located? It was appealed by two different entities and is scheduled to be heard by the city council this Monday evening, May 5th. So just an update on the planning commission's action. And that's it. Perfect. Thank you. Moving on to the consent calendar. The next item on the agenda is the consent calendar. There is one item on the consent calendar this evening. The draft minutes for the planning commission meeting of February 6th, 2025. Would any commissioners like to pull the item from the consent calendar for corrections? If not, may I have a motion to approve the consent calendar. Commissioner. Commissioner Solis. I'll make the motion. We have a motion. It has been moved by Commissioner Solis. Taken. And seconded by Commissioner Mendoza that the consent calendar be approved. Please vote on your screens. Motion passes with five yeses. And one absentee at the moment. Commissioner Tabjulu. Okay. The next item on the agenda is staff reports and announcements. Ms. Secretary, do we have any staff reports or announcements this evening? No.

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