CARLSBAD — A new city law will ban smoking and vaping in apartments, condos and other multi-family housing options beginning Jan. 1, 2025.
The City Council approved the new law on July 30, making Carlsbad the first city in San Diego County to enact a smoking-free housing law.
The ordinance bans smoking and vaping inside and outside multi-unit buildings with three or more units, except designated outdoor spaces at least 25 feet away from other amenities. Landlords, HOA leaders and property owners will enforce the law, and an additional third-party beneficiary provision is included.
The new law will apply to apartment buildings, condos for sale or rent, townhomes, senior assisted living facilities, long-term healthcare facilities and single-family homes licensed as care facilities.
The law will not affect hotels and motels; however, a state law banning smoking indoors at hotels and motels went into effect earlier this year. The law will also not affect mobile home parks, campgrounds, single-family homes or accessory dwelling units.
According to the city, the new law is based on a program in the city’s state-required housing plan, known as a housing element. This plan must be updated every eight years to outline how the city will meet future housing needs and promote the production of “decent housing and suitable living environment” for all income levels.
When the housing element was updated in 2021, the city was required to consider a smoke-free ordinance for multi-unit buildings. On Aug. 22, 2023, the City Council heard a presentation offering different options to regulate the ordinance before directing staff to come back with a plan that minimizes staffing resources.
The City Council approved introducing the ordinance 4-1, with Councilmember Melanie Burkholder voting against it. The ordinance will return before City Council at a future meeting for final adoption.
Burkholder said she can’t support the new law because it seems like an overreach by the city.
“I don’t think we should be property managers or landlords,” Burkholder said. “The city is not in a position to tell people how to live their lives, we’re supposed to make sure they’re safe.”
Mayor Keith Blackburn said that while he initially struggled with the law, he believed it was in the best interest of residents.
“We have to watch out for the best interest of the majority of our public,” Blackburn said.
Jennifer Gill, tobacco control program manager at Vista Community Clinic, praised the City Council for approving the new law.
“Secondhand smoke is responsible for over 40,000 deaths each year,” Gill said. “According to the surgeon general, there is no safe level of exposure.”
Gill said smoke can travel through vents, walls, floors and electric systems.
According to staff, 84 other municipalities in California have enacted smoking prohibition laws. The closest geographically is Temecula, which has banned smoking in multifamily residences for over 10 years.
Before the Carlsbad ordinance, the city of Encinitas had adopted one of the strictest anti-smoking ordinances in Southern California, prohibiting smoking and vaping in public places citywide.
Smoking and vaping in Encinitas are now only permitted in moving vehicles, private residences and up to 20% of guest rooms in any hotel or motel. Businesses with a designated smoking area at least 20 feet away from the main public area can also maintain those spaces.
