NS-3091 - Zoning Regulation for Smoke Shops

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WHEREAS, unlawful nuisance activities observed at smoke shop establishments include, but are not limited to, storage of banned substances such as nitrous oxide, whippets, and flavored tobacco; illegal gambling operations; sale of unregulated goods such as psychedelic mushrooms, kratom, and hemp; loitering; littering; and crime linked to cash- based operations; and WHEREAS, between August 2025, when Code Enforcement data specific to smoke shops was first collected, and January 2026, Code Enforcement personnel issued two (2) Notices and Orders, five (5) Notices of Violation, and ten (10) administrative citations for unpermitted work, unpermitted substance sales, and operation without licensing and/or certification; and WHEREAS, Zoning Ordinance Amendment No. 2026-01 is consistent with various goals and policies of the General Plan, specifically, this action is consistent with Land Use (LU) Element Goal LU-3 (Compatibility of Uses), which is intended to preserve the character and integrity of existing neighborhoods; Policy LU-3.3 (Enforcement of Standards), which aims to maintain a robust and proactive code enforcement program that partners with community stakeholders and is responsive to community needs; Policy LU-3.8 (Sensitive Receptors), which endeavors to avoid placing noxious or hazardous uses in close proximity to sensitive land uses; Policy LU-4.6 (Healthy Living Conditions) which encourages land use decisions that promote healthy lifestyles; Community (CM) Element Goal CM-3 (Active Living and Well-Being), which promotes the health and wellness of all residents; Policy CM- 3.2 (Healthy Neighborhoods), which supports the creation of healthy neighborhoods by addressing public safety, land use conflicts, and incompatible uses; and Economic Prosperity(EP) Element Policy EP-2.3 (Complementary Businesses), which encourages the development of mutually beneficial and complementary business clusters within the community; and WHEREAS, on February 9, 2026, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2026-01, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance with direction that staff evaluate certain definition(s) and location requirements and revise the proposed ordinance accordingly; and WHEREAS, on March 3, 2026, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. THE CITY COUNCIL OF THE CITY OF SANTA ANA HERBY ORDAINS AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance ("Project") is exempt from CEQA review pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably Ordinance No. NS-3091 Page 3of15