That the City Council APPROVE AND ADOPT URGENCY ORDINANCE NO. CC 2025-___ ENTITLED: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. CC 2025-08 THAT ESTABLISHED A TEMPORARY MORATORIUM ON SMOKE SHOPS.

At the August 4, 2025, City Council meeting, following a staff report on Smoke Shops, receiving public comments, and Council deliberations, the City Council directed staff to initiate amendments to the La Habra Municipal Code (LHMC) to prohibit new Smoke Shops and to prepare an Urgency Ordinance to establish a temporary moratorium on Smoke Shops while the amendments are being prepared. The City Council subsequently adopted an Urgency Ordinance pursuant to Government Code Section 65858 on August 18, 2025.  

Pursuant to Government Code Section 65858, and in order to protect public safety, health, and welfare, the City Council may adopt an Urgency Ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal. Approval of an Urgency Ordinance requires a minimum of four-fifths the vote of the legislative body for adoption and is effective immediately for 45 days from its date of adoption. After notice, pursuant to Section 65090, and a public hearing, the legislative body may, at a future date, extend the Urgency Ordinance for another 10 months and 15 days, which would subsequently extend the Urgency Ordinance for one year. No more than two extensions may be adopted by the legislative body. 
 

As noted above, the City Council has directed staff to initiate amendments to the LHMC related to Smoke Shops. This direction was supported by the evidence of a significant increase in the number of Smoke Shops that have been established in the City of La Habra (six retailers established over a 10-year period, from 2008 to 2018; 14 retailers established over a five-year period from 2020-2025), as well as the significant number of businesses (68) in the City that are currently licensed by the State of California to sell tobacco, and the City Council's concern about this increase and the harmful effect of tobacco on the City's residents. This evidence is documented in the August 4, 2025, City Council staff report; and in the video of the August 4, 2025, City Council meeting, which is available on the City's website at www.lahabraca.gov. The August 4 and August 18 City Council staff reports are provided as Attachments 2 and 3, respectively.
 

As directed by the City Council, staff prepared a Draft Ordinance to amend Section 18.04.030 (Terms Defined) of Chapter 18.04 (Definitions) of Title 18 (Zoning) to define Smoke Shops and amending Section 18.06.040 (Land Uses) of Chapter 18.06 (Zones Established – Zoning Map Boundaries and Land Uses) to reflect that new Smoke Shops are prohibited in all zones. Staff presented the Draft Ordinance to the Planning Commission on September 8, 2025, at a Public Hearing; however, no members of the public were present at the meeting to express comments in favor of or against the Draft Ordinance. Following a staff report, questions and deliberations, the Planning Commission approved a resolution recommending that the City Council not approve the Draft Ordinance on a three to one vote. Chair Mahecha, Vice-Chair Ramsland and Commissioner Manley voted in favor of not recommending approval of the Draft Ordinance; Commissioner Logan-Canon voted against not recommending approval; and, Commissioner Cardenas had an excused absence.

During deliberations, Chair Mahecha expressed a variety of concerns about the Draft Ordinance, including that there were other health concerns that were equal to or more important than smoking that were not being equally addressed, that the Ordinance was singling out a specific vice, and that adults had their own agency as to deciding whether they wanted to purchase tobacco products and that right should not be regulated by the City through a prohibition on new Smoke Shops. In addition, Chair Mahecha, Vice Chair Ramsland and Commissioner Manley all expressed sentiments that the prohibition on new Smoke Shops provided an unfair advantage for other businesses and did not address existing Tobacco Retailers, including Smoke Shops. However, these commissioners did express interest in potentially considering a permit or license process that would effect all Tobacco Retailers. While both Vice-Chair Ramsland and Commissioner Manley expressed that they were in favor of the City Council extending the moratorium, Chair Mahecha expressed that she was not in favor of the moratorium. Commissioner Logan-Cannon expressed that, based on the information received in the staff report, she was in favor of prohibiting all new Smoke Shops.

Since the approved Urgency Ordinance, adopted by Council on August 18, 2025, is set to expire 45 days after its adoption on October 2, 2025, staff recommends that the City Council extend the current Urgency Ordinance for an additional 10 months and 15 days, to allow time for the Draft Ordinance to be reviewed by City Council and/or for Council to direct staff to pursue an option for the City to require a permit or license to sell tobacco and tobacco related products. By extending the Urgency Ordinance another 10 months and 15 days, the City would continue to prohibit new Smoke Shops from being established until August 18, 2026.

Costs associated with City-initiated amendments to the La Habra Municipal Code that pertain to the Community and Economic Development Department are generally assumed as part of the Department's annual budget.

Applicable General Plan Policies:

Applicable City Council Goals and Objectives: