CC SR 20210803 05 - Proposed Smoke Free Multifamily Ordinance
CITY COUNCIL MEETING DATE: 08/03/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to initiate code amendment proceedings to amend the
Rancho Palos Verdes Municipal Code (RPVMC) to develop a smoke-free ordinance in
multi-family housing units.
RECOMMENDED COUNCIL ACTION:
(1) Review a report on developing a new smoke-free ordinance in multi-family
housing units; and,
(2) If the desire of the City Council is to proceed with an ordinance, direct Staff to
first conduct opinion surveys and meetings with residents, homeowners’
associations, and other stakeholders with the intent of gaining insight on their
smoking preferences for consideration at a future meeting.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Deputy Director/Planning Manager/
Steven Giang, Associate Planner
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
BACKGROUND AND DISCUSSION:
On May 19, 2021, in response to public comments, the City Council requested that
consideration of a non-smoking ordinance for multi-family residential units be agendized
for a future City Council meeting date. In consideration of such an ordinance, this report
provides an overview of smoke-free multi-family housing information, including housing
classifications, existing City regulations, a survey of non-smoking policies in the
surrounding area and new code considerations.
Multi-Family Housing Classification
According to the Rancho Palos Verdes General Plan, a multi-family residence is two or
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more dwelling units located in a single structure. Multi-family residential housing is a
classification of housing where multiple separate housing units for residential inhabitants
are contained within one building or several buildings within one complex. A common
form is an apartment building. Sometimes units in a multi-family residential building are
called condominiums, where the units are owned individually, rather than leased from a
single apartment building owner. Unlike apartments, which are leased by their tenants,
condominium units are owned outright. Many cities, such as South Pasadena, Huntington
Park, and Pasadena, define multi-family housing in their smoking policies as a residential
property containing two or more units. This definition applies their smoking provisions to
both owned and rented multi-family complexes. Attached accessory dwelling units (ADU)
and junior accessory dwelling units (JADU) are typically considered exceptions to
regulations prohibiting smoking within multi-family units. Therefore, any proposed
regulation changes may not apply to ADUs and JADUs.
Existing City Smoke-Free Regulations
The City’s smoke-free regulations were first updated as part of a comprehensive code
update in 1993, which included provisions to prohibit smoking consistent with state law.
Chapter 8.28 of Title 8 (Health and Safety) of the RPVMC currently includes smoke-free
provisions such as, but not limited to, definitions, prohibitions, enforcement, and penalties.
For the purposes of this report, vaping and smoking are considered the same and an y
future amendment to the regulations would clarify vaping/electronic cigarettes within the
definition of smoking. A summary of state and city regulations where smoking is permitted
and not permitted is listed in the table below:
Table No. 1- Existing State and City Smoking Regulations
Areas where Smoking is Permitted
Areas where Smoking is Not Permitted
State Regulations:
· Designated hotel/motel rooms and
areas
· Private smoker lounges
· Private single-family residences
State Regulations:
· Inside public buildings1
· Near windows of public buildings
· Outdoor areas within 20 feet of public
buildings
· Within a passenger vehicle owned by the state
· Public school property
· Enclosed space at places of employment2
Unregulated Areas:
· Sidewalks
· Alleyways
· Beyond 20 feet of operable doors
and windows of public buildings
City Regulations:
· In the enclosed portions of all restaurants
· In no less than 50% of the enclosed seating
capacity of all bars
· Inside or within 20 feet of every City building
1 California Government Code §7597 prohibits smoking in and around public buildings as well as within
state-owned passenger vehicles.
2 California Government Code §6404.5 prohibits the smoking of tobacco products in all enclosed places
of employment.
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Smoke-Free Multi-Family Housing Policies in Other Cities
Many communities throughout Southern California (and the state) regulate smoking in
multi-family housing. Since 2011, when Governor Jerry Brown signed
Senate Bill No. 332 into law, California landlords have had the right to make their
properties smoke-free. At present, 13 of the 88 incorporated cities throughout Los
Angeles County have taken some form of action to regulate smoking inside multi-family
housing structures and/or in common areas3.
Some cities such as Manhattan Beach, Beverly Hills, and Culver City have imposed
strong constraints on smoking inside multi-family housing units, while other cities such as
Burbank have implemented much more lenient standards. With the implementation of
SB 332, landlords in California have had the right to designate their multi-family buildings
as smoke-free if they choose, but some cities have implemented policies that require all
multi-family housing to be smoke-free regardless of preference of the landlord. Thus, the
strongest smoke-free multi-family housing policies are those that entirely restrict smoking
within all existing and newly built units, including condominiums and apartments. For
comparison, the City of Burbank utilizes less stringent regulations that ban smoking only
in certain areas, such as enclosed common areas, or within 5 feet of all entrances, exits,
walkways, hallways, while still allowing smoking inside the unit itself. Conversely, the City
of Beverly Hills completely banned smoking in all units of a multi -family complex and all
common areas. A summary of the 13 Los Angeles County cities that regulate smoking
within multi-family housing units is provided in the following table:
Table No. 2- Summary of Cities Multifamily Smoking Regulations
City Regulation Type Includes
Condos
Baldwin Park Full ban on new units but existing units must be 80%
smoke-free
Yes
Bell Gardens Full ban Yes
Beverly Hills Full ban Yes
Burbank Ban only in common areas of multi-unit housing Yes
Calabasas Full ban on new units while allowing “grandfathering” of
existing units
No
Culver City Full ban Yes
El Monte Full ban Yes
Glendale Ban only in common areas but requires landlords to
designate smoking and non-smoking units
Yes
Huntington Park Full ban on new units but existing units must be 80%
smoke-free
Yes
Manhattan
Beach
Full ban Yes
3 US Laws for 100% Smokefree Multi-Unit Housing. American Nonsmokers’ Rights Foundation. https://no-
smoke.org/wp-content/uploads/pdf/smokefreemuh.pdf
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City Regulation Type Includes
Condos
Pasadena Full ban Yes
Santa Monica Full ban on new units and new leases but existing units
must be designated as smoking until vacated.
Yes
South
Pasadena
Partial ban 80% of all units Yes
New Code Considerations
From Staff’s research, smoke-free multi-family housing regulations are comprehensive
and often require extensive research, planning, and implementation phases that can last
several years. As evidenced in Staff’s survey of smoke-free provisions among local
jurisdictions, the degree of regulations varies with some cities implementing full bans and
others taking a more measured approach. Prior to crafting a new ordinance, one of the
first phases may be to conduct opinion surveys and meetings with residents,
homeowners’ associations, and other stakeholders with the intent of gaining insight on
their smoking preferences.
While crafting a new smoke-free ordinance in multi-family housing consideration should
be given to the severity of the issue within the City. According to a 2010 report from the
Los Angeles County Department of Public Health, approximately 8.7% of the Rancho
Palos Verdes adult population smokes, which is lower than the Los Angeles County
average smoking rate of 14%4. Most of the City is zoned and established at single-family
residential densities with approximately 16.4% of the existing housing stock containing
multi-family units.5 According to permit data, 34% are rental apartments and 66% are
condominiums. A smoke-free multi-family housing ordinance in the City of Rancho Palos
Verdes could impact up to 3,197 units in the City.
Another consideration in adopting a smoke-free ordinance for multi-family housing units
involves the City’s enforcement of code violations. Any proposed ordinance would rely
primarily on the City for enforcement. The Community Development Department’s Code
Enforcement Division currently responds to the majority of smoking complaints or code
violations, and Code Enforcement would be the primary enforcement unit for enforcing
no-smoking violations in multi-family housing. Existing code enforcement protocols would
be followed to address violations that occur “after the fact.” An educational compliance
system would need to be used to educate alleged code violators regarding smoking
restrictions. It would only be if the violation is observed, and after multiple attempts to
achieve compliance through education of the municipal code and City restrictions, the
City may then attempt to remedy the situation through the issuance of a misdemeanor or
administrative citations. The burden of enforcement, including payment for related
investigation costs and, if sufficiently escalated, any prosecution costs, would be left
primarily on the City. According to data collected by the City’s Code Enforcement
4 County of Los Angeles Public Health, Cigarette Smoking in Los Angeles County: Local Data to Inform Tobacco
Policy. http://publichealth.lacounty.gov/ha/reports/habriefs/2007/Cigarette_Smoking_Cities_finalS.pdf
5 City of Rancho Palos Verdes, 2013 to 2021 Housing Element.
https://www.rpvca.gov/DocumentCenter/View/12641/2013-2021-HOUSING-ELEMENT-2-4-14.
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Division, within the last year, there were five complaint calls that were related to smoking
in general, but only two were related to multi-family housing units and they were from the
same reporting party.
Based on Staff’s research of the number of smokers in the City and the very limited
number of complaints, along with the process required for any new code considerations,
it is Staff’s opinion that a new smoke -free ordinance in multi-family housing units is not
warranted or recommended at this time. However, if the City Council wishes to proceed
with developing a smoke-free ordinance in multi-family housing units, it is recommended
that the City Council first direct Staff to conduct opinion surveys and meetings with
residents, homeowners’ associations, and other stakeholders with the intent of gaining
insight on their smoking preferences for consideration at a future meeting.
If the City Council decides not to proceed with a smoke -free ordinance in multi-family
units, it should be noted that existing state law provides individual landlords the
authorization to designate their multi-family buildings as smoke-free if they choose.
Moreover, concerned parties could work with their landlord and/or local homeowners
association on developing smoke-free policies unique to resident needs and concerns.
CONCLUSION:
Review a report on developing a new smoke-free ordinance in multi-family housing units
to determine whether to proceed with an ordinance, and if so, direct Staff to first conduct
opinion surveys and meetings with residents, homeowners’ associations, and ot her
stakeholders.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify specific areas of research and continue the consideration of a
proposed ordinance to a future meeting date.
2. Take no action on the proposed ordinance at this time.
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