Early project review
Early Project Review (EPR) Applications
Overview
The City of Pleasanton’s Early Project Review (EPR) process is a structured, pre-application pathway for private development projects that require legislative approval (for example, requests that would require changes to land use policy or zoning). The purpose is to provide a clear and predictable process for early City Council direction on whether City resources should be prioritized to process a formal application, before significant additional resources are committed by either the City or the applicant.
Important: EPR authorization is not an entitlement and does not guarantee approval. Any future project applications remain subject to discretionary review and the California Environmental Quality Act (CEQA).
When is Early Project Review required?
EPR applies to any private development project requiring legislative approval, such as (but not limited to):
- General Plan Land Use Designation changes
- Specific Plan Land Use Designation changes
- Zoning changes (including Zoning Map amendments)
- Projects subject to annexation by the City of Pleasanton
Exemptions (projects that do not require an EPR hearing)
The EPR policy does not apply to:
- 100% affordable (Below Market-Rate) housing projects
- Projects on sites under one acre with 5 or fewer residential units, or 5,000 square feet of commercial development (or a combination)
These exemptions only remove the requirement for an early City Council EPR hearing. If legislative action is still needed, the project must complete the required discretionary review process, and City Council retains full discretion on any future approvals.
How to apply
Early Project Review applications may be submitted at any time to the Planning Division within the City’s Community and Economic Development Department.
Application timing and scheduling
To be scheduled for a City Council EPR Authorization Hearing, an application must be deemed complete at least 90 days before the hearing date. Applications deemed complete less than 90 days before a scheduled hearing will be heard at a later, subsequently scheduled hearing.
The City will hold at least one EPR Authorization Hearing per calendar year, and may schedule additional hearings as needed based on application volume.
What do I need to submit?
To be deemed complete, an EPR application must include payment of all required fees and the required materials specified in the City’s EPR application requirements.
How are EPR applications evaluated?
City Council retains full discretion in deciding which projects will be prioritized for staff review. Applicants are responsible for demonstrating how the project aligns with City goals, priorities, objectives, and community needs. early project review.pdf
The policy uses a non-exhaustive set of guiding parameters focused on alignment with adopted City goals, with particular emphasis on the ONE Pleasanton Strategic Plan (including fiscal sustainability, infrastructure/public facilities/sustainability, public safety/emergency preparedness, and livability/housing/economic development, as applicable).
The criteria are not exhaustive, and comprehensive compliance is not required for an application to be deemed complete or to proceed to an authorization hearing.
City Council Authorization Hearing: what happens next?
At the EPR Authorization Hearing, City Council may:
- Authorize allocation of staff resources to process a formal planning permit application
- Defer authorization until a specified date
- Decline authorization (in which case a substantially similar application generally must wait a minimum of two years before resubmittal unless Council authorizes an earlier resubmittal)
If Council authorizes a project to proceed, Council may also require revisions to the project as a condition of prioritization.
After EPR: formal application requirements
For projects that proceed to legislative amendments, the policy requires a development agreement to be approved prior to or concurrent with final project approval, to help ensure that project features and community benefits that influenced the legislative decision are enforceable.
Projects advancing to the formal application stage must also participate in at least one study session with both the Planning Commission and the City Council (with additional study sessions as needed).
Stay informed
Sign up to receive notifications and updates related to EPR Authorization Hearings here.
FAQ—Retailer Permitting Program
Why was the Tobacco Retailer Permitting Ordinance passed in Pleasanton?
The Tobacco Retailer Permit Ordinance was passed: 1) to ensure that retailers comply with city, state and federal tobacco control laws to protect the health, safety and welfare of the Pleasanton community; and 2) to limit youth access to tobacco and nicotine products. Elected and appointed officials are concerned that flavored tobacco and nicotine products, as well as electronic smoking devices, are being used by a high percentage of underage youth. Reducing youth exposure to these products will counteract marketing targeting underage youth, as well as decrease potential addiction and health consequences.
What are the new restrictions associated with this new ordinance?
- Any retailer who sells tobacco or nicotine products needs to acquire an annual Tobacco Retailer Permit from the City of Pleasanton.
- The sale of flavored tobacco products, including menthol cigarettes, is prohibited. Flavored tobacco products can include, but are not limited to, flavored: cigarettes, cigars, cigarillos, little cigars, Swishers, chewing tobacco, pipe tobacco, snuff, hookah, e-cigarette cartridges, e-juice, JUUL pods and other flavored components for vaporizers. NOTE: There are no exceptions to the prohibition on flavored tobacco products. The exemptions provided in SB 793 are not recognized in Pleasanton.
- The sale of electronic smoking devices and related paraphernalia, is prohibited.
Electronic smoking devices can include, but are not limited to, flavored: e-cigarettes, e-cigars, e-pipes and e-hookah. Related paraphernalia can include, but it not limited to, e-cigarette cartridges, e-juice, pods, tanks, atomizers and other components. - Retailers cannot keep at their stores, whether in the front retail area or back warehouse / stockroom, four or more flavored tobacco products or electronic smoking devices and related paraphernalia. There is a presumption that a tobacco retailer or tobacco store with four or more such products has an intent to sell (which is prohibited).
- Retailers must sell cigarettes, cigarillos, small cigars and little cigars in packs of twenty (20) priced at not less than eight dollars ($8). Retailers may not sell cigarettes, cigarillos, small cigars or little cigars in a pack with less than twenty (20). Retailers may not sell cigarettes, cigarillos, small cigars or little cigars packs for less than 8 dollars ($8), plus sales tax.
- The sale of single cigars for less than seven dollars ($7) is prohibited. Retailers may not sell single cigars for less than 7 dollars ($7), plus sales tax.
- Retailers must sell packages of cigars in minimum packs of five (5) priced at not less than eight dollars ($8). Retailers may not sell cigars in a pack with less than five (5) cigars. Retailers may not sell cigar packs for less than eight dollars ($8) per pack, plus sales tax.
- Coupons or discounts are prohibited. Retailers may not redeem coupons or offer multi-package discounts if it results in a purchase price for less than the minimums described above.
What is a flavored tobacco product?
A flavored tobacco product is any tobacco product which contains an ingredient that imparts a characterizing flavor.
A characterizing flavor is a taste or aroma other than the taste or aroma of tobacco. Examples of characterizing flavor include:
- Menthol, mint and wintergreen
- Fruit flavors such as grape, cherry, mango and watermelon
- Chocolate, vanilla, honey, candy and dessert
- Alcohol flavors such as wine, apple martini, piña colada, rum and cognac
- Herb or spice flavors such as clove and cinnamon
What is an electronic smoking device and related paraphernalia?
An electronic smoking device is an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, e-cigar, e-pipe or e-hookah. Related paraphernalia includes e-juice, pods, tanks, atomizers, tips and chargers.
No new tobacco retailers within 1,000 feet of a public school, park or recreation facility.
No new tobacco retailers can open for business within 1,000 feet of a public school, park or recreation facility. Existing tobacco retailers within such 1,000 foot area may continue to sell tobacco products, but cannot expand their stores, or change locations within that 1,000 foot area.
When does the ordinance go into effect?
The ordinance went into effect September 2020. However, Tobacco Retailer Permit applications are due in January 2021 in tandem with a City of Pleasanton Business License. Enforcement regarding compliance of the new regulations (ban on flavored tobacco and nicotine products, ban on electronic smoking devices and minimum package sizes and prices) will begin on January 1, 2021. The application and information on the application process is available on the Business License Division’s webpage.
Who is considered a tobacco retailer?
What are considered tobacco products?
What is tobacco paraphernalia?
Tobacco paraphernalia includes, but is not limited to, cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other item designed for the smoking or ingestion of tobacco products.
How do retailers obtain a Tobacco Retailer Permit?
The information on how to obtain a Permit is available here. Retailers must submit their application in tandem with their City of Pleasanton Business License in order to be in compliance.
Is there a fee to apply for a Tobacco Retailer Permit?
The initial application fee is $550 and subsequent annual renewals are $450.
How does a Tobacco Retailer Permit work?
What is the difference between the State Permit and this City Permit?
What is the minimum age to purchase tobacco products?
The federal and state legal minimum age for the purchase for tobacco products is 21 with no exemption for military personnel.
What will happen if a retailer is cited for a permit violation during an inspection?
Violations are subject to permit suspension and/or revocation.
How long is the Tobacco Retailer Permit effective?
What happens if a retailer wants to sell their business? Is their Tobacco Retailer Permit transferrable to potential new owners?
No. A Tobacco Retailer Permit may not be transferred from one person to another or from one location to another. A new permit is required whenever a tobacco retailing location has a change in proprietor(s).
What does it mean for a business if they cannot obtain a Tobacco Retailer Permit?
What should a retailer do if they have multiple tobacco retailing locations?
Each location in Pleasanton that sells tobacco products and/or tobacco paraphernalia must have its own Tobacco Retailer Permit.
Is there an appeal process?
There is a process in place to appeal a denial, suspension, or revocation of a Tobacco Retailer Permit.