To: MAYOR AND CITY COUNCIL
From: MARC WIENER, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
title
PUBLIC HEARING TO CONSIDER AN INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON SMOKE SHOPS PURSUANT TO GOVERNMENT CODE SECTION 65858
PROCEDURES:
1. Open the public hearing, take testimony and deliberate;
2. Close the public hearing; and
3. Adopt the Urgency Interim Ordinance imposing a moratorium on smoke shops.
ADOPT BY 4/5THS VOTE AND TITLE ONLY, URGENCY ORDINANCE NO. 3294-25, AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, IMPOSING A MORATORIUM ON DEVELOPMENT OF SMOKE SHOPS IN THE CITY AND DECLARING THE URGENCY THEREOF
end
EXECUTIVE SUMMARY
The Redondo Beach Police Department has received complaints about the selling of illegal flavored tobacco and cannabis products throughout the City. The complaints were substantiated through recent inspections of smoke shops located in the 2400 block of 190th Street and the 2200 block of Artesia Boulevard, which were conducted on March 6 and March 19, 2025 respectively. According to the federal Centers for Disease Control and Prevention, nicotine is highly addictive and can harm brain development. Science indicates that brain development continues until about 25 years of age, which poses a unique risk to youth. The state recently passed legislation to strengthen tobacco oversight programs and expand the seizure of illegal tobacco products, which it has deemed essential to achieving the state’s public health goal of lowering youth tobacco use.
For these reasons, at its April 15, 2025 meeting, the City Council voted 5-0 to direct the City Attorney to draft an Urgency Ordinance imposing a moratorium on the establishment of Smoke Shops for Council Consideration at its May 6, 2025 meeting. A draft Urgency Ordinance is attached for the City Council’s consideration and, if approved, would take effect while staff can prepare a permanent ordinance for Council consideration. Under state law, adoption of an urgency ordinance requires approval by a four-fifths vote of the City Council.
BACKGROUND
Planning and zoning moratoria are authorized by, and subject to, the requirements of Government Code §65858, which provides that a city or county may adopt an “interim zoning ordinance,” i.e., a temporary moratorium ordinance, as an urgency measure by a 4/5ths vote of the legislative body, without complying with the noticing requirements or other formalities (e.g., prior review by the planning commission) normally required for zoning ordinances. The moratorium may temporarily prohibit approvals of any new or altered development or land uses that might conflict with contemplated general plan, specific plan, or zoning amendments that the municipality is considering or intends to study within a reasonable amount of time. The measure must be supported by findings that the temporary moratorium is necessary to protect the public from a “current and immediate threat to public health, safety or and welfare,” and that “approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use” would result in the threatened harm. The attached draft Urgency Ordinance includes the necessary public health, safety and welfare findings supporting the decision to place a temporary moratorium on new smoke shops in the City.
The initial moratorium period may not exceed 45 days, however, the moratorium may be extended for an additional 10 months and 15 days by another 4/5ths vote of the legislative body upon a noticed public hearing. The moratorium may be extended for another full year (for a total moratorium period of 2 years) upon a further noticed public hearing and 4/5ths vote of the legislative body. The same findings required for initial adoption of the moratorium ordinance are required for each extension.
The legislative body must produce a report ten days prior to expiration of the initial Urgency Ordinance, and also within 10 days of expiration of each extension, that describes steps that have been taken to “alleviate the condition which led to the adoption of the ordinance.” In this instance, the City Council must direct staff to prepare a progress report upon the new general plan, specific plan, zoning or other measures that are being proposed to address the proliferation of smoke shops in the City. While progress has been made on the permanent ordinance, it will take longer than 45 days to fully prepare and adopt. Staff anticipates returning to the City Council in June 2025 to present an extension of the moratorium for consideration, which will include a report detailing efforts made to develop and implement a permanent ordinance.
Once an Urgency Ordinance has been adopted, the moratorium may not be extended beyond the two-year limit, and no further moratorium may be adopted for any property affected by the moratorium, unless the second moratorium is based on different circumstances, events or occurrences involving different types of threats to the public health, safety, or welfare than those which were used to justify the first moratorium. In practice, this would mean that any City Urgency Ordinance adopted under Government Code § 65858 concerning smoke shops could not be extended or re-enacted beyond the maximum two-year period for a given set of threats to public health and welfare.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
FISCAL IMPACT
There is no fiscal impact associated with the preparation of this item.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
• Ord - No. 3294-25 An Urgency Ordinance Placing Moratorium on the Development of Smoke Shops