Item 41 - Councilmember Requested Item Regarding a Moratorium on New Smoke Shops

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CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org The lack of a clear land-use category for smoke shops has created challenges for enforcement and for managing neighborhood impacts. As smoke shops have become more common, particularly near youth-serving facilities, concerns have grown regarding access to high-nicotine vape devices, advertising practices, and nuisance issues. A temporary pause on new smoke-shop approvals would preserve the status quo while staff evaluates needed updates to the City’s zoning and regulatory framework. Analysis State law allows a local government to adopt an interim urgency ordinance that temporarily halts the approval of certain land uses if the City Council finds that new approvals would create a current and immediate threat to public health, safety, or welfare. In this case, the proliferation of smoke shops near youth-serving areas, combined with the sale of nicotine products and other items associated with nuisance behavior, supports such a finding. The City’s experience enforcing flavored tobacco restrictions also shows the increased burden created when more tobacco retailers open in close proximity to one another. A temporary pause would give staff time to study several key issues. These include identifying all existing smoke shops, mapping their locations, reviewing enforcement data, and evaluating how other cities regulate the land-use impacts of similar businesses. Staff would also examine potential zoning updates, such as creating a specific definition for smoke shops, establishing minimum distance requirements from schools and parks, limiting the number of smoke shops within certain commercial corridors, and requiring conditional- use permits so that new businesses can be reviewed on a case-by-case basis. This approach would allow the City to align its land-use controls with its existing public- health policies. While flavored tobacco is banned, smoke shops continue to sell high- nicotine products and vaping devices that can contribute to youth addiction and community health impacts. Updating zoning rules would provide the City with clearer tools to address both the health and land-use aspects of this issue. The moratorium would be temporary and would not affect existing smoke shops unless they seek to expand. It would simply pause new approvals long enough for the City to develop meaningful rules that reflect community priorities and current public-health standards. At the end of the ninety-day period, staff would return with proposed long-term regulations and a report describing the steps taken during the moratorium. Recommendation It is recommended that the City Council direct the City Manager, working with the City Attorney, Planning and Building Agency, and Police Department to prepare an interim urgency ordinance under Government Code Section 65858 that temporarily halts the approval of new smoke shops and the expansion of existing smoke-shop uses. It is further recommended that the City Manager return to the City Council within 90 days with a report describing the interim steps taken and a draft permanent ordinance establishing long-term rules for the location and operation of smoke shops. SUBMITTED BY Councilmember Jessie Lopez