HomeMy WebLinkAboutItem 21 - Public Hearing - Zoning Ordinance Amendment No. 2026-01 Related to Smoke Shop Inspection Fees Planning and Building Agency
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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 3, 2026
TOPIC: Zoning Ordinance Amendment No. 2026-01 to Amend Portions of Chapter 41
(Zoning) of the Santa Ana Municipal Code Relating to Smoke Shops and to Establish
Smoke Shop Inspection Fees
AGENDA TITLE
Public Hearing - Zoning Ordinance Amendment No. 2026-01 to Amend Portions of
Chapter 41 (Zoning) Relating to Smoke Shop Establishments and a Resolution to Amend
the Miscellaneous Fees Schedule for the Fiscal Year 2025-2026 to Establish a Planning
and Building Agency Fee for Smoke Shop Inspections and a Police Department Fee for
Smoke Shop Inspections
Legal notice published in the OC Reporter on February 20, 2026.
RECOMMENDED ACTIONS
1. Adopt an ordinance (Exhibit 1) approving Zoning Ordinance Amendment No. 2026-
01 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal
Code (SAMC) relating to definitions, location, permitting, development standards,
and operational requirements for smoke shop establishments; and
ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO.
2026-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA
MUNICIPAL CODE RELATING TO SMOKE SHOP ESTABLISHMENTS AND
FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES
SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION 15061(b)(3), read
by title only and waive further reading
2. Adopt a resolution (Exhibit 2) to establish a Planning and Building Agency Smoke
Shop Inspection fee and a Police Department Smoke Shop Inspection fee.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR PLANNING AND
BUILDING AGENCY SMOKE SHOP INSPECTIONS AND POLICE
DEPARTMENT SMOKE SHOP INSPECTIONS
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
Page 2
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GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
On December 2, 2025, the City Council directed staff to prepare an ordinance to
regulate the establishment and permitting of smoke shops and restrict their proximity to
sensitive uses such as schools, parks, childcare facilities, and residences, and to
require Planning Commission approval of a conditional use permit (CUP) for the
establishment of new smoke shops. The proposed ordinance follows City Council
direction by defining smoke shops separate from retail and service establishments,
regulating location by requiring a buffer from one another and from sensitive uses,
requiring CUP approval for the establishment of new smoke shops, and establishing
development and operating standards.
Planning Commission Action – February 9, 2026
On February 9, 2026, the Planning Commission held a public hearing for the project and
voted 6:0:1 (Commissioner Oliva absent) to recommend that the City Council approve
Zoning Ordinance Amendment (ZOA) No. 2026-01. During Planning Commission
comments, commissioners requested that staff evaluate incorporation of two items detailed
in Table 1 below, which have been evaluated and addressed in the revised draft ordinance:
Table 1: Planning Commission Topics for Consideration
Item Commission Comment Proposed Change to Draft Ordinance
Mobile
Vending
Trucks
Recommended that staff evaluate the
treatment of mobile vending vehicles with
ancillary sale of tobacco products in a
manner similar to convenience stores and
grocery stores, which are distinct from
smoke shops and not subject to the
proposed regulations.
Specify by definition that smoke shops are
businesses located in permanent, fully
enclosed buildings.
Arterials Recommended that staff consider prohibiting
smoke shops on arterial streets.
Disallow smoke shops within a building or
tenant space where any storefront,
signage, or pedestrian entrance is oriented
toward or visible from an arterial street.
DISCUSSION
The City of Santa Ana is proposing to amend portions of Chapter 41 (Zoning) relating to
smoke shop establishments and a resolution to amend the Miscellaneous Fees Schedule
for Fiscal Year 2025-2026 to establish a Planning and Building Agency Fee for Smoke
Shop Inspections and a Police Department Fee for Smoke Shop Inspections. The
proposed ordinance is attached to this report as Exhibit 1.
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
Page 3
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Background and Present Status
There has been a significant rise in the number of licensed and unlicensed tobacco retail
establishments within the City. The number of smoke shops has risen from 17 to 43
smoke shops (38 licensed, 5 unlicensed) since January 1, 2024. Approximately 96% of
all documented smoke shops are located in neighborhood-serving retail centers in close
proximity to sensitive uses, raising public health, safety, and enforcement concerns.
Chapter 41 of the SAMC does not distinguish smoke shops from general retail uses. As
a result, licensed retailers have been allowed to establish at locations throughout the City
in commercial and other zoning districts where retail uses are allowed by-right.
While smoke shops are distributed throughout the City, nearly 60% of them are located
within 1,000 feet of youth-centered land uses such as schools, parks, and childcare
facilities and all but two are located within 500 feet of residential uses.
Public Health and Safety
The proximity of tobacco retailers to youth is a public health concern. The U.S. Surgeon
General determined in 2012 that a high density of tobacco retailers promotes youth
smoking by both increasing access to products and creating more environmental cues
that encourage smoking.1 Research indicates that such conditions are associated with an
increased rate of tobacco use initiation in young people,2,3 higher overall tobacco
consumption, and a lower likelihood of successfully quitting.4,5
While the impact of tobacco retailer density on minors is a primary concern, the presence
of smoke shops also affects community character, public health, and public safety. Those
effects are evidenced by increased loitering, smoking, littering, and crime linked to cash-
based operations, factors that drive a consequential decline in nearby quality of life and
with detrimental impacts on surrounding businesses.
In 2025, Police Department personnel received 989 calls for service and complaints about
the sale of tobacco products to minors, which prompted targeted enforcement. These
1 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A
Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,
2012.
2 Center for Public Health Systems Science. Point-of-Sale Strategies: A Tobacco Control Guide. Center for Public
Health Systems Science; George Warren Brown School of Social Work at Washington University in St. Louis and the
Tobacco Control Legal Consortium, 2014.
3 Henriksen L, Feighery EC, Schleicher NC, Cowling DW, Kline RS, Fortmann SP. Is adolescent smoking related to
the density and proximity of tobacco outlets and retail advertising near schools? Prev Med Aug 2008;47(2):333–8.
4 Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighborhood socioeconomic status and convenience store
concentration on individual level smoking. J Epidemiol Community Health 2005;59(7):568–73.
5 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A
Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,
2012.
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
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investigations confirmed additional concerns and uncovered illicit activities. Because of
investigations, authorities executed 12 search warrants, which revealed various criminal
violations, including:
Storage of narcotics and controlled substances,
Sale of nitrous oxide, and
Sale of flavored tobacco products.
Following searches, the Police Department issued citations and, in some instances, made
arrests. The Code Enforcement Division has also responded to complaints about smoke
shops and began collecting detailed data for them in August 2025. Since then, Code
Enforcement personnel have issued two Notices and Orders, five Notices of Violation,
and 10 Administrative Fines for unpermitted work, unpermitted substance sales, and
operation without required licensing and/or certification.
Proposed Ordinance
The draft smoke shop ordinance defines smoke shops as a distinct land use separate
from retail and service uses, and restricts the location of smoke shops to commercial
zones provided they obtain a CUP. Furthermore, the ordinance restricts the location by
buffering smoke shops from one another and from residential and youth-centered land
uses. In addition, the ordinance establishes a set of regulations to minimize impacts to
surrounding businesses and neighborhoods. The following table summarizes current and
proposed regulations.
Table 2: Current and Proposed Regulations
Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
Definitions Smoke shops are not defined
and are considered a type of
retail and service
establishment.
Sec. 41-152.6.1 establishes a definition for
smoke shops and specifically excludes
convenience stores and grocery stores with
accessory sales of tobacco.
Zoning Districts Smoke shops are consider a
retail and service
establishment and are
permitted throughout the city in
commercial and industrial
districts and Specific Plans
and Specific Developments
where retail and service uses
are allowed by right.
Sec. 41-2409 expressly states that smoke
shops may be located in the C1, C1-MD, C2,
C4, C5, or C-SM zoning districts subject to
approval of a CUP.
Permit
Requirements
No special or additional permit
required for smoke shops.
Sec. 41-2410(b)(1) requires a CUP for the
establishment of smoke shops.
Location
Requirements
No location requirements.Sec. 41-2409(a) establishes location
standards, including:
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
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Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
1. 1,000-foot separation between smoke
shops;
2. 1,000-foot separation requirement from
youth-centered uses including recreational
facilities and schools;
3. 1,000-foot separation requirement from an
alcohol or other drug abuse recovery or
treatment facility;
4. 500-foot separation requirement from a
property zoned or used for residential
purposes; and
5. Prohibition from buildings or tenant spaces
where any storefront, signage, or
pedestrian entrance is oriented toward or
visible from the public right-of-way of an
arterial street.
Development and
Operating
Standards
No development and operating
standards specific to smoke
shops.
Sec. 41-2411 establishes development and
operating standards applicable to all smoke
shops, existing and future, including, but not
limited to:
1.Limiting display of smoking paraphernalia;
2.Age restrictions (must be 21 years or older
to enter);
3.Lighting;
4.Litter and graffiti removal;
5.Vending machine prohibition;
6.Video surveillance requirements;
7.Signage, glazing, and obstructions;
8.Prohibition of loitering, illegal drug activity,
public intoxication, sales to minors,
gambling, and prostitution;
9.Training requirements;
10.Compliance with local, state, and federal
laws, regulations, and orders;
11.Posting of Conditions of Approval and
proof of training;
12.Prohibition of sale of certain products (e.g.
cannabis or cannabinoid products, drug
paraphernalia, flavored tobacco, and
kratom products);
13.Hours of operation;
14.Security planning and measures;
15.Annual inspections; and
16.Circumstances for fines and/or CUP
revocation.
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
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Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
Discontinuance of
Nonconforming
Status
Smoke shops are not subject
to use-specific discontinuance
of nonconforming status.
Sec. 41-683.8 deems all smoke shops with a
valid certificate of occupancy and tobacco
retailer license prior to the effective date of the
ordinance nonconforming and establishes that
if a nonconforming smoke shop is discontinued
for a period of six months, the subsequent use
must conform to the provisions of the Zoning
Code.
Locational Criteria Analysis
The proposed ordinance includes three distance and separation requirements to protect
public health, safety, and community character.
To reduce exposure of smoke shops to youth, a 1,000-foot buffer is proposed between
smoke shops and youth-centered locations. This proposed distance is more effective at
making tobacco products less visible and accessible to students, particularly those
walking or biking to and from school. This standard matches the City’s buffers for other
restricted businesses, such as alcohol retailers, which have proven effective at reducing
access to alcoholic beverages, and which is associated with lowering initiation of
consumption and consumption rates, reducing violence, and decreasing crime. A 1,000-
foot buffer is consistent with those adopted by cities like Anaheim and Fresno.
To protect residential neighborhoods from secondary impacts, such as late-night loitering,
the proposed ordinance also includes a 500-foot buffer between smoke shops and
residential areas. This distance balances the desire to protect community character with
the need to leave some commercial space available for businesses. Such a standard
matches the City’s rules for other restricted businesses, like massage establishments,
which have proven effective at limiting their associated negative impacts. While a 500-
foot standard is stricter than Anaheim’s 200-foot rule, it is a more consistent compared to
other California cities that have recently adopted regulations, such as West Hollywood
(600 feet), Escalon (600 feet), and Rancho Cordova (1,000 feet).
To prevent overconcentration of smoke shops, the proposed ordinance includes a 1,000-
foot buffer between smoke shops. Separating the businesses helps to prevent the
formation of “vice hubs” that can negatively impact community character, health, and
safety. This distance matches the City’s current requirements for massage
establishments and adult entertainment businesses, which have proven effective at
reducing crime and fostering a more professional, therapeutic environment. Other cities
in California, including Fresno and Rancho Cucamonga, have the same separation
requirement.
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
Page 7
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To limit visibility of smoke shops from major arterials, as recommended by the Planning
Commission, the proposed ordinance includes a 300-foot buffer between arterial streets
and smoke shops. Such a standard is consistent with zoning practices to manage traffic,
preserve aesthetics, and deter undesirable activity in major business corridors. Such a
practice is consistent with the City’s current requirements for other uses such as
commercial storage and mini-warehouse facilities, which are less desirable uses in
commercial areas and are required to be at least 500 feet from an arterial street.
Existing and Future Smoke Shops
Currently, smoke shops are distributed throughout the city, spanning the length of
commercial corridors and sometimes clustering in groups of two or three. Under the
proposed ordinance, none of the 43 existing smoke shops would meet the location
requirements.
To gradually phase out smoke shops near sensitive uses, the proposed ordinance
includes nonconforming rules, which allow existing smoke shops to continue operations
if they have a valid Certificate of Occupancy and a Tobacco Retailer License.
Nonconforming shops may continue and must meet the new development and operating
standards (listed in Table 2) within six months of the effective date of the smoke shop
ordinance.
If a nonconforming smoke shop ceases operations for six months, the nonconforming
status discontinues and any new business at that location must conform to Chapter 41
(Zoning) of the SAMC. The six-month limit aligns with the discontinuation period for the
sale of alcoholic beverages in Santa Ana, which has proven effective at reducing the
number of nonconforming alcohol sales establishments.
General Plan Consistency
The proposed modification to the Zoning Code is consistent with multiple goals and
policies outlined in the General Plan’s Land Use, Community, and Economic Prosperity
elements, specifically:
Land Use (LU) Element Goal LU-3 (Compatibility of Uses): This goal seeks to
preserve the character and integrity of existing neighborhoods.
Policy LU-3.3 (Enforcement of Standards): This policy 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): This policy endeavors to avoid placing
noxious or hazardous land uses in close proximity to sensitive land uses.
Policy LU-4.6 (Healthy Living Conditions): This policy encourages land use
decisions that promote healthy lifestyles.
Community (CM) Element Goal CM-3 (Active Living and Well-Being): This goal
promotes the health and wellness of all residents.
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
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Policy CM-3.2 (Healthy Neighborhoods): This policy supports the creation of
healthy neighborhoods by addressing public safety, land use conflicts, and
incompatible uses.
Policy EP-2.3 (Complementary Businesses): This policy encourages the
development of mutually beneficial and complementary business clusters within
the community.
Code Enforcement and Police Department Smoke Shop Inspection Fees
Miscellaneous Fees are intended to recover the City’s costs associated with delivering the
corresponding services and, in accordance with state law, cannot exceed the City’s actual
costs in delivering said services.
With the adoption of ZOA No. 2026-01, the City would require smoke shop inspections at
least once per year. Code Enforcement and the Police Department will conduct joint
inspections. Code Enforcement will inspect compliance with development and operating
standards such as, but not limited to, the display of products, lighting, signage, glazing, and
obstructions, in addition to compliance with Conditions of Approval. The Police Department
will conduct inspections for evidence of criminal activity such as, but not limited to, loitering
and other nuisance activities, and the sale of prohibited products, as well as proper video
surveillance.
Neither of the inspection types were contemplated in the Fiscal Year 2025-2026
Miscellaneous Fees Schedule. The Planning and Building Agency is proposing to establish
a Code Enforcement Smoke Shop Inspection fee of $533.08 and the Police Department is
proposing to establish a Police Department Smoke Shop Inspection fee of $709.98.
ENVIRONMENTAL IMPACT
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 foreseeable indirect physical change in the environment; Section
15060(c)(3), because the activity is not a “project” as defined in Section 15378; and
Section 15061(b)(3), because it can be seen with certainty that there is no possibility
that the adoption of this ordinance, which establishes land use and zoning regulations
for smoke shops to protect public health and safety, may have a significant effect on the
environment. These amendments are administrative and regulatory in nature, do not
authorize specific development projects, and are intended to prevent the over-
concentration and proliferation of smoke shops near sensitive uses. Based on this
analysis, a Notice of Exemption, Environmental Review No. 2026-08, will be filed for this
Project.
Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance
and Inspection Fee Resolution)
March 3, 2026
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FISCAL IMPACT
The proposed smoke shop ordinance is expected to generate revenue that offsets any
administrative costs. Existing mandatory fees for CUP applications will recover the
administrative cost to process applications.
In addition, adoption and implementation of the ordinance requires the establishment of
new fees to allow the City to recover expenses incurred for staff time spent preparing for,
conducting, and reporting on inspections. City departments required to administer the
inspections include the Planning and Building Agency and the Police Department.
The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance
would generate fiscal impacts to the City in the form of additional expenditures offset by
new revenues. A new smoke shop CUP application would generate a base cost of
$13,691. Application fees include those for processing a Conditional Use Permit,
Development Project Review, and an Environmental Review. In 2026, staff estimates
conducting 38 inspections for existing smoke shops operating with permits and
Certificates of Occupancy, resulting in approximately $47,000 in total inspection fees.
EXHIBITS
1. Ordinance
2. Fee Resolution
3.February 9, 2026 Planning Commission Staff Report and Exhibits
4. Copy of Public Hearing Notice
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building
Agency
Approved By: Alvaro Nuñez, City Manager
Ordinance No. NS-####
Page 1 of 17
ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2026-01 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO SMOKE SHOP ESTABLISHMENTS AND
FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2),
SECTION 15060(c)(3), AND SECTION15061(b)(3)
WHEREAS, the City of Santa Ana, under its police power, has the authority to
enact and enforce regulations to promote the public health, safety, and general welfare
of its residents and to regulate the use of land within the City; and
WHEREAS, the City’s powers to regulate and enforce laws in the area of tobacco
sales and distribution are reflected in various State laws, including California Health and
Safety Code Section 118950(e), California Business and Professions Code Section
22960(c), 22961(b), 22962(e), and 22963; and
WHEREAS, about 77% of Santa Ana’s population is Latino, a population which
has been systematically pursued through predatory marketing and cultural exploitation by
the tobacco industry1 and about 10% of the City’s population is Asian American, a
population within which Vietnamese-American men have historically exhibited some of
the highest smoking prevalence rates in California2; and
WHEREAS, roughly 13% of the population of the City lives below the federal
poverty line3 and suffers from disproportionately high density of tobacco retailers in lower-
income census tracts compared to more affluent Orange County cities, a disparity that
creates an “inequity of exposure” by saturating the local retail environment with point -of-
sale advertising and cheap tobacco products that facilitate higher rates of nicotine
dependence in marginalized neighborhoods4,5; and
1 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Hispanic or Latino: 76.7%).
Census.gov; Acevedo-Garcia, D., Et al. (2004). “The Hispanic Market: Tobacco Industry Targeting and
Surveillance.” American Journal of Public health.
2 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, Califonia (Asian alone: 10.3%). Census.gov;
Tong, E.K., et al. (2010). “Smoking Prevalence and Factors Associated with Smoking Status Among
Vietnamese in California. Nicotine & Tobacco Research.
3 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Persons in poverty: 12.6%).
Census.gov.
4 California Department of Public Health (CDPH). (2017). "Density of Tobacco Retailers in
California." CDPH Tobacco Control Program.
5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and
Tobacco." CDC Tobacco Office.
Ordinance No. NS-####
Page 2 of 17
WHEREAS, Santa Ana’s status as one of the most densely populated cities in the
United States results in a high concentration of tobacco retailers within walking distance
of schools, parks, and residential land uses6,7; and
WHEREAS, smoke shops are a type of tobacco retailer and are distributed
citywide primarily along commercial corridors in close proximity to schools, parks, and
residential land uses; and
WHEREAS, nearly sixty (60) percent of smoke shops are located within 1,000 feet
of youth-centered uses such as schools, parks, and childcare facilities, and about ninety-
six (96) percent of smoke shops are located within 500 feet of residences; and
WHEREAS, the City Council has observed a significant increase in the number of
smoke shops in the City and, since January 1, 2024, the number of smoke shops in Santa
Ana has more than doubled from seventeen (17) to forty-three (43); and
WHEREAS, on December 2, 2025, the City Council directed City staff to prepare
an ordinance to regulate the establishment and permitting of smoke shops to restrict their
proximity to sensitive uses such as schools, parks, childcare facilities, and residences to
address public health, public safety, and enforcement concerns; and
WHEREAS, smoke shops have historically been treated as ordinary retail under
the Santa Ana Municipal Code (SAMC), which has limited the City’s ability to assess their
cumulative impact on community character and public safety; and
WHEREAS, there exists a compelling interest in reducing the exposure of minors
to tobacco products, electronic cigarettes, and related paraphernalia, consistent with the
goals of the City’s Tobacco Retail Licensing program and recent prohibitions on flavored
tobacco products; and
WHEREAS, the City recently prohibited the sale of nitrous-oxide for recreational
use via local ordinance in 2025 to close loopholes in State law and address the illicit
distribution of inhalants often found in smoke shop environments; and
WHEREAS, in 2025, Santa Ana Police Department personnel served twelve (12)
search warrants and, as a result of the search warrants, they discovered narcotics,
loitering, and violations related to the sale of nitrous-oxide and flavored tobacco; and
WHEREAS, in 2025, Santa Ana Police Department personnel received 989 calls
for service for illegal and nuisance activities at smoke shops; and
6 Campaign for Tobacco-Free Kids. (2023). "The Impact of Retailer Density on Youth
Smoking." TobaccoFreeKids.org.
7 U.S. Department of Health and Human Services. (2024). "Tobacco-Related Health Disparities: A Report
of the Surgeon General." HHS.gov.
Ordinance No. NS-####
Page 3 of 17
WHEREAS, Code Enforcement and Police Department enforcement have
observed unlawful activities at smoke shops that directly impact community character,
public health, and public safety; and
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 ord inance
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.
Ordinance No. NS-####
Page 4 of 17
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 foreseeable indirect physical change in the environment; Section 15060(c)(3),
because the activity is not a “project” as defined in Section 15378; and Section
15061(b)(3), because it can be seen with certain ty that there is no possibility that the
adoption of this ordinance, which establishes land use and zoning r egulations for smoke
shops to protect public health and safety, may have a significant effect on the
environment. These amendments are administrative and regulatory in nature, do not
authorize specific development projects, and are intended to prevent the over -
concentration and proliferation of smoke shops near sensitive uses.
Section 3. Section 41-44.5.1. (Convenience store) of Chapter 41 of the SAMC
is hereby added to read as follows:
Sec. 41-44.5.1. – Convenience store.
A convenience store means a retail establishment that sells a variety of products for
consumption off-premises, including, but not limited to, food and beverages, household
goods, over-the-counter medicines, magazines and other printed publications, and other
similar items.
Section 4. Section 41-42.9. (Cigarette) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-42.9. - Cigarette.
Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation
Code, including any amendments or successor statutes thereto.
Section 5. Section 41-65.6. (Grocery store) of Chapter 41 of the SAMC is
hereby added to read as follows:
Section. 41-65.6. – Grocery store.
A grocery store means a retail establishment that typically stocks a range of items,
including fresh produce, meats, dairy products, canned and packaged goods, over-the-
counter medicines, and household supplies like cleaning products and paper goods. It
can serve a neighborhood or the wider community, and while offering items of
convenience, is not considered a Convenience Store. Attributes of such establishment
Ordinance No. NS-####
Page 5 of 17
often include multiple entrances, loading docks, and interior food service such as bakeries
and butcher counters.
Section 6. Section 41-54.6. (Electronic cigarette) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-54.6. - Electronic cigarette.
Electronic cigarette, or e-cigarette, shall have the same meaning as Section 31001(c) of
the Revenue & Taxation Code, including any amendments or successor statutes thereto.
Section 7. Section 41-152.6. (Smoke and vapor products) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6. - Smoke and vapor products.
Smoke and vapor products include, but may not be limited to, tobacco products and
smoking paraphernalia.
Section 8. Section 41-152.6.1. (Smoke shop) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-152.6.1. - Smoke shop.
A smoke shop means any business located in a permanent, fully-enclosed building that
primarily sells or offers for sale any smoke and vapor produ cts, but shall not include:
establishments whose business includes the incidental sale of smoke and vapor products
(such as convenience stores and grocery stores as defined by this Chapter);
establishments that sell smoke and vapor products principally for onsite consumption
(such as private smokers’ lounges); or establishments operating under a commercial
cannabis business under Chapter 40 (Regulation of Commercial Cannabis Activities).
Section 9. Section 41-152.6.2. (Smoke shop operator) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6.2. - Smoke shop operator.
A smoke shop operator means all persons who own and/or operate a smoke shop. An
owner is any person who owns 5 percent or more of the smoke shop.
Section 10. Section 41-152.6.3. (Smoking) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-152.6.3. - Smoking.
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Page 6 of 17
Smoking shall have the same meaning as Section 22950.5(c) of the Business and
Professions Code, including any amendments or successor statutes thereto.
Section 11. Section 41-152.6.4. (Smoking paraphernalia) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6.4. - Smoking paraphernalia.
Smoking paraphernalia means any device, substance, or accessory intended for the
smoking of tobacco, cannabis, vaping, or electronic cigarette, or illicit drug use.
Section 12. Section 41-159.7. (Tobacco product) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-159.7. - Tobacco product.
Tobacco product shall have the same meaning as provided in 22950.5(d) of the Business
and Professions Code, including any amendments or successor statutes thereto.
Section 13. Section 41-159.8. (Tobacco retailer) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-159.8. - Tobacco retailer.
Tobacco retailer shall have the same meaning as that in Section 18-90(f) of this Code.
Section 14. Section 41-683.8. (Discontinuance of nonconforming smoke shops)
of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-683.8. - Discontinuance of nonconforming smoke shops.
(a) All smoke shops that have a valid certificate of occupancy and tobacco retailer
license pursuant to Article III of Chapter 18 of this Code prior to the effective date
of this section, shall be deemed a nonconforming smoke shop.
(b) If a nonconforming smoke shop, as smoke shop is defined in Section 41-152.6.1,
is discontinued for a period of six (6) consecutive months, any subsequent use
must conform in every respect to the provisions of this Chapter.
Section 15. Article XXIV (Smoke Shops) of Chapter 41 of the SAMC is hereby
added to read as follows:
ARTICLE XXIV. SMOKE SHOPS
Sec. 41-2408. - Specific purposes.
Ordinance No. NS-####
Page 7 of 17
(a) In addition to the general purposes listed in section 41-1, the specific purposes of
this article are to:
(1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this Code.
(2) Establish reasonable and uniform regulations that will reduce possible
adverse secondary effects that smoke shops may have upon the residents of
the city and preserve the integrity of existing commercial and residential areas
of the city, which are in close proximity to such commercial areas.
Sec. 41-2409. - Permitted zones and locations.
(a) Smoke shops may be located on parcels in the C1, C1-MD, C2, C4, C5, or C-SM
zoning districts subject to the issuance of a conditional use permit.
(1) No smoke shop shall be located within one thousand (1,000) feet of another
smoke shop, as measured from the primary entrance of the smoke shop to
the primary entrance of the nearest smoke shop.
(2) No smoke shop shall be located on a parcel located within one thousand
(1,000) feet, as measured from the primary entrance of the smoke shop to
the outermost boundary of the nearest parcel line whereon any of the
following is located:
i. A public park, playground, recreational area including a trail
that is immediately adjacent to a public park, or youth facility,
including, but not limited to, a boys and girls club, nursery
school, preschool, or day care facility;
ii. A school (K-12) as defined by Section 11362.768 of the Health
and Safety Code; or
iii. An alcohol or other drug abuse recovery or treatment facility.
(3) No smoke shop shall be located on a parcel located within five hundred
(500) feet of a property zoned or used for residential purposes, as measured
from the primary entrance of the smoke shop to the outermost boundary of
the nearest parcel line of the property zoned or used for residential
purposes.
(4) No smoke shop shall be permitted within a building or tenant space where
any storefront, signage, or pedestrian entrance is oriented toward or visible
from the public right-of-way of an arterial street, as defined and designated
in the Mobility Element of the City's General Plan.
Ordinance No. NS-####
Page 8 of 17
Sec. 41-2410. - Permits and certificates.
(a) No tobacco retailer, as defined in Section 18 -90 of this Code, where the sale of
tobacco is incidental to its primary use (such as a grocery store or convenience
store) shall be operated or established in the city without first obtaining the
following:
(1) An approved certificate of occupancy.
(2) A city issued business license.
(3) An approved Tobacco Retailer License issued by the Chief of the Santa Ana
Police Department, as set forth in Section 18-91 of this Code.
(b) No smoke shop may be operated or established in the city without first obtaining
the following:
(1) An approved conditional use permit.
(2) An approved certificate of occupancy.
(3) A city issued business license.
(4) An approved Tobacco Retailer License issued by the Chief of the Santa Ana
Police Department, as set forth in Section 18-91 of this Code.
Sec. 41-2411. - Development and operating standards.
The following development and operating standards shall be applied to the operation of
any smoke shop:
(a) Display. A maximum of twenty-five (25) percent of the floor area of the premises
may display smoking paraphernalia for sale or viewing.
(b) Age Restriction. No person under the age of 21 years shall enter, be in, or remain
in or on the premises of any smoke shop at any time. It shall be the affirmative duty
of the business operator to verify the age of every person entering the
establishment.
(c) Lighting. The exterior of the premises, including adjacent public sidewalks and all
parking lots under the control of the smoke shop, shall be illuminated in
accordance with the lighting requirements of the underlying zoning district, and
applicable Conditions of Approval.
Ordinance No. NS-####
Page 9 of 17
(d) Litter and Graffiti.
(1) Trash and recycling receptacles shall be provided near public entrances to
and exits from the building.
(2) The smoke shop operator shall provide for daily removal of trash, litter, and
debris from the premises and on all sidewalks that abut the premises,
including the smoke shop's parking areas.
(3) The owner of a property where a smoke shop is located shall remove graffiti
in accordance with the requirements of Sec. 10-228 of this Code.
(e) Vending Machines. Interior and exterior vending machines are prohibited.
(f) Video Surveillance.
(1) Smoke shops must equip a fully functional color digital video camera
surveillance system.
(2) The video camera surveillance system storage device or cameras shall be
transmission control protocol/TCP capable of being accessed through the
internet by the Santa Ana Police Department or their designee on request.
(3) The video camera surveillance system must continuously record, store, and
be capable of playing back images and be fully functional at all times,
including during any hours the business is closed. The system must be
maintained in a secured location inside of the business.
(4) The video camera surveillance system shall maintain the correct date and
time stamped onto the image at all times.
(5) The video camera surveillance system’s camera storage capacity should be
for at least 90 calendar days. Such cameras must be capable of producing a
retrievable and identifiable image that can be made a permanent record and
that can be enlarged through projection or other means.
(6) The video camera surveillance system shall be capable of producing a digital
playback as a system feature. The Santa Ana Police Department may request
immediate viewing of surveillance footage and may request digital media in
relation to a criminal investigation; in such case, the digital media shall be
provided to an authorized representative of the Santa Ana Police Department,
upon request, within 24 hours of the request.
Ordinance No. NS-####
Page 10 of 17
(7) There shall be a minimum of three surveillance cameras placed so as to
record activities in the primary customer areas of the business; such cameras
must, at minimum, provide surveillance for all entry and exit areas, customer
parking, and the cash register. These cameras should be located on the
interior and, in some instances, the exterior of the building if necessary to
provide adequate surveillance of an exterior area. Cameras shall be of
sufficient quality to be able to identify persons and/or vehicles utilizing the
business parking lot.
(8) The interior of the business must have at least one surveillance camera
placed to focus on each cash register transaction with the view to include the
clerk as well as the customer waiting area.
(9) All interior surveillance cameras shall record in color.
(10) All exterior surveillance cameras shall record in color and have automatic low
light switching capabilities to black and white. Exterior surveillance cameras
shall be in weatherproof enclosures and located in a manner that will prevent
or reduce the possibility of vandalism.
(11) An inoperable video camera surveillance system may be cause for revocation
of the Conditional Use Permit.
(12) In the event of a security breach, vandalism, theft, or other offense, the smoke
shop operator must ensure preservation of the relevant security footage
beyond the required 90 days in coordination with the Santa Ana Police
Department.
(13) A sign shall be posted inside and at the entrance to the smoke shop indicating
that the premises are under video surveillance.
(g) Signage, Glazing, Obstructions.
(1) The provisions specified under Article XI (On -Premises Signs), and this
subsection shall apply. Where conflict may occur between the provisions of
Article XI (On-Premises Signs) and this subsection, the more restrictive
provisions shall govern.
(2) In addition to the requirements found in the California Cigarette and Tobacco
Products Licensing Act of 2003 and all updated and related state and federal
laws, including any amendments and successor statutes thereto, including
any state or Federal regulations, the following copy is required to be
prominently posted in a readily visible manner on an interior wall or fixture
and not on windows:
Ordinance No. NS-####
Page 11 of 17
a. "California State Law Prohibits the Sale of Tobacco Products to Persons
Under 21 Years of Age."
b. "No Persons Under the Age of 21 May Enter These Premises."
c. "No Loitering is Allowed On or In Front of These Premises."
d. "No Smoking or Vaping Allowed on These Premises."
(3) At least 50 percent of any street-facing facade must be glazed with a clear,
non-tinted material and may not be obstructed through interior placement of
any temporary sign taped or otherwise affixed to a window or shelves, racks,
furniture, or other storage or display of products.
(4) Any signage required by law shall not exceed twenty-five (25) percent of the
area of each window.
(5) Doors must be free from signs regardless of door type or material.
(6) Advertising and signage on windows shall be placed and maintained in a
manner that ensures that law enforcement personnel have a clear and
unobstructed view of the interior of the business, including the area in which
the cash registers are maintained, from exterior public sidewalks, parking lots,
or entrance to the business.
(7) Any smoke shop located within 1,000 feet of a sensitive use, as listed in
Subsection 41-2409(a) shall not advertise tobacco or vapor sales in a manner
visible from the outside of the smoke shop, such as from a public
thoroughfare, sidewalk, or parking lot.
(h) Loitering and Other Nuisance Activities.
(1) The operation of a smoke shop shall not result in repeated nuisance activities
on the property, which may include, but are not limited to, disturbances of the
peace, illegal drug activity, public intoxication, drinking in pu blic, smoke and
vapor product sales to minors, harassment of passersby, gambling,
prostitution, sale of stolen goods, public urination, theft, assaults, batteries,
acts of vandalism, loitering, excessive littering, graffiti, illegal parking,
excessive loud noises (especially in the late night or early morning hours),
traffic violations, curfew violations, lewd conduct, or other violations of local,
state, or federal laws, especially when contributing to a proportionally high
rate of police reports and arrests to the area. Any violation of this section shall
be considered an egregious violation of this ordinance and a public nuisance
that is imminently dangerous to life, health, safety or adjacent property such
that it requires immediate correction or elimination. Such a violation shall
Ordinance No. NS-####
Page 12 of 17
subject the smoke shop operator to immediate suspension pursuant to
Section 41-650.5 or to revocation of the smoke shop's Conditional Use Permit
pursuant to Section 41-651 of this Code.
(2) The smoke shop operator shall post the property with the appropriate signs
advising that consumption of alcoholic beverages, gambling, trespassing, or
loitering on private property is a violation of the SAMC. The smoke shop
operator shall ensure that a form is submitted to the Santa Ana Police
Department, notarized, signed, and dated by the property owner(s) every 12
months, that authorizes Santa Ana Police Department peace officers to enter
the smoke shop premises and remove trespassers when the business is
closed to the public, in accordance with Section 602(o) of the California Penal
Code, including any amendments or successor statutes thereto .
(i) Training.
(1) Initial Training. The smoke shop operator and all employees of the smoke
shop who are involved in the sale of smoke and vapor products must
complete approved course(s) in training of smoke and vapor product sales
and handling within 60 days after approval of the Conditional Use Permit, or
for employees hired after the approval of the Conditional Use Permit, within
60 days from the date of hire. Existing smoke shop operators and employees
shall have 60 days from the effective date of this ordinance to come into
compliance with the training requirement, and thereafter new operators and
employees shall obtain the necessary training within 60 days of the date of
hire or from the date of ownership. To satisf y this requirement, a program
must meet the standards of the California Department of Public Health , or
other certifying or licensing body designated by the State of California, in the
Stop Tobacco Access to Kids Enforcement (STAKE) Act. If the smoke shop
operator is a legal entity, the manager or executive responsible for the smoke
shop shall obtain the requisite training, as well as all employees.
(2) Annual Training. The smoke shop operator and all employees shall also be
required to complete annual trainings, which comply with state standards,
including changes to tobacco sales laws and regulations. Smoke shops shall
be required to keep up-to-date records, such as certificates of completion,
which prove that all individuals listed above have completed the requisite
annual trainings and shall furnish these records to the City during inspections
and upon a reasonable request from the City.
(j) Compliance with Laws. The smoke shop must remain in compliance with all local,
state, and federal laws, regulations, and orders, as well as all Conditions of
Approval imposed on the use.
Ordinance No. NS-####
Page 13 of 17
(k) Posting of Conditions. A copy of all conditions of approval and training
requirements shall either be posted in a conspicuous and unobstructed place near
the entrance, cashier counter, or customer service area of the smoke shop or
posted in an employee area and provided upon request (e.g., via flyer or brochure)
to patrons and enforcement officials.
(l) Prohibited Products. The sale or distribution of one or more of the following is
prohibited.
(1) Cannabis or Cannabinoid products. Sale of this product shall immediately
subject the smoke shop to Conditional Use Permit revocation proceedings
pursuant to Section 41-651 of this Code.
(2) Drug paraphernalia not directly related to legal smoke and vapor products.
(3) Nitrous oxide.
(4) Any kratom product.
(5) Flavored tobacco. Sale of this product shall immediately subject the smoke
shop to Conditional Use Permit revocation proceedings pursuant to Section
41-651 of this Code. Should flavored tobacco products be found during an
inspection of the smoke shop, the Santa Ana Police Department may seize
and destroy said products.
(6) Other products prohibited by law.
(7) Alcoholic beverages, unless otherwise permitted by a valid City issued permit
that is in existence prior to the date of the adoption of this ordinance.
(m) Hours of Operation. All smoke shops may only conduct business transactions
between the hours of 7:00 a.m. and 11:00 p.m. daily.
(n) Additional Requirements.
(1) Smoke shop operators and/or applicants shall submit a security plan
consistent with Santa Ana Police Department policy on the sale of age-
restricted materials. Prior to the approval of a Conditional Use Permit, the
applicant shall prepare and submit for review by the Chief of the Santa Ana
Police Department, or designee, a security plan for approval. Approval of
the security plan by the Chief or their designee shall not be unreasonably
denied. The contents of the security plan shall be incorporated as
Conditions of Approval to the Conditional Use Permit. As a part of the
annual inspection process conducted pursuant to Sec. 41-2411(n)(5), the
security plan shall be resubmitted for approval by the Chief or designee.
Ordinance No. NS-####
Page 14 of 17
(2) The Director or designee may require the smoke shop operator and/or
applicant to submit additional information, of such type and in such form as
the Director may specify, as the Director may deem relevant to the
application, including, but not limited to, an operational statement, floor
plans, architectural renderings, and technical studies, as appropriate.
(3) The Director or designee may refer an application to other City departments
to determine whether the smoke shop's location will comply with building,
health, zoning, and fire ordinances or other applicable ordinances or laws.
City departments may conduct an inspection of the premises to determine
compliance with the ordinances and other laws they administer, and may
subsequently prepare reports summarizing their inspections.
(4) Additional security measures such as reduced hours of operation, security
guards, door monitors, and/or burglar alarm systems may be required if
nuisance or related problems are demonstrated to occur as a result of
business practices or operations. This will be determined on a case-by-case
basis upon review by the Santa Ana Police Department.
(5) Smoke shops shall be subject to routine unannounced inspections at least
annually, to ensure compliance with this section and any additional
conditions of the Conditional Use Permit. The smoke shop operator shall
reimburse the City for the cost of such inspection(s) pursuant to the City's
Miscellaneous Fee Schedule. If an annual inspection results in a finding that
a smoke shop operator is not in compliance with this section or the specific
conditions of the Conditional Use Permit, that finding may be used as a
basis for amending or revoking the Conditional Use Permit, pursuant to
Section 41-651 this Code.
a. If a smoke shop is determined to be out of compliance with its Conditions
of Approval, the person or entity acting as the smoke shop operator shall
be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of
this Code, as set by City Council resolution. The fine structure shall consist
of progressively higher fines for violations occurring within one year of a
prior violation. In addition, upon a fourth violation being upheld within a
three (3) year period of the first violation, the Conditional Use Permit for
the business may be subject to revocation. Fines shall be levied in
accordance with the Miscellaneous Fee Schedule.
Sec. 41-2412. - Existing Smoke Shops.
Smoke shops that are in existence upon the effective date of this article and that do not
have a conditional use permit to operate shall have six (6) months from the effective date
of this article to comply with the standards in Section 41 -2411 of this Article.
Ordinance No. NS-####
Page 15 of 17
Sec. 41-2413. - Applicability to other regulations.
The provisions of this article are not intended to provide exclusive regulation of the
regulated smoke shop uses. Such uses must comply with any and all applicable
regulations imposed in other articles of Chapter 41 of this Code, other city ordinances
and state and federal law. Should a conflict exist between the provisions of this article
and the provisions of other articles of Chapter 41 of this Code, the provisions of this article
shall prevail.
Section 16. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more section s,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 17. The City Council of the City of Santa Ana hereby adopts an
ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal
Code pertaining to smoke shop establishments. This approval was based upon the
evidence submitted at the above said hearing, which includes, but is not limited to: the
Request for City Council Action dated March 3, 2026, and exhibits attached thereto; and
the public testimony, all which are incorporated herein by reference.
Section 18. This ordinance shall become effective thirty (30) days after its
adoption.
Section 19. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2026.
_________________________
Valerie Amezcua
Mayor
Ordinance No. NS-####
Page 16 of 17
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers: _________________________________
NOES: Councilmembers: _________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
Ordinance No. NS-####
Page 17 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _____________________, City Clerk, do hereby attest to and certify that the
attached Ordinance No. NS-______ to be the original ordinance adopted by the
City Council of the City of Santa Ana on _____________________, and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________
Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2026-XXX
Page 1 of 3
RESOLUTION NO. 2026-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING FEES FOR PLANNING AND
BUILDING AGENCY SMOKE SHOP INSPECTIONS AND
POLICE DEPARTMENT SMOKE SHOP INSPECTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. Section 8-5 of the SAMC authorizes the establishment of fees and
charges for permits, plan review, inspections, re-inspections, investigations, hearings or
other purposes requiring fees by resolution of the City Council.
B. On June 3, 2025, the City Council approved Resolution No. 2025-026
establishing the Uniform Miscellaneous Fees Schedule for Fiscal Year 2025-2026.
C. Fees contained in the Uniform Miscellaneous Fees are intended to
recover the City’s costs associated with delivering the corresponding services and, in
accordance with State law, do not exceed the City’s estimated reasonable cost in
delivering said service.
D. If adopted, Ordinance No. NS-XXXX will require smoke shop inspections a
minimum of one time per year for all smoke shops operating in the City.
E. Review of these types of inspections were not contemplated by the
Uniform Miscellaneous Fees Schedule for Fiscal Year 2025-2026. Therefore, a new
Planning and Building Agency fee for Code Enforcement Smoke Shop Inspection a nd a
new Police Department fee for Police Department Smoke Shop Inspection need to be
added to the Uniform Miscellaneous Fees Schedule.
F. Based on an analysis and evaluation of staff time, equipment, and
materials, staff recommends that the fees set forth below be added to the Uniform
Miscellaneous Fees Schedule for Fiscal Year 2025-2026.
Section 2. The City Council hereby establishes a Code Enforcement Smoke
Shop Inspection fee and a Police Department Smoke Shop Inspection Fee, as noted
below, as they represent the estimated reasonable cost of conducting said inspections:
Code Enforcement Smoke Shop Inspection $533.08
Police Department Smoke Shop Inspection $709.98
Resolution No. 2026-XXX
Page 2 of 3
Section 3. The City Council finds that the aforementioned fees are less than or
equal to, but do not exceed, the actual direct and indirect costs and expenses incurred
by the City of Santa Ana in providing said services.
Section 4. Without further action of the City Council, the above-referenced
fees created by this Resolution shall be incorporated into the City’s Uniform Schedule of
Miscellaneous Fees for Fiscal Year 2025-2026 and updated annually.
Section 5. This Resolution, upon adoption by the City Council, shall take effect
upon the effective date of Ordinance No. NS -XXXX, and the City Clerk shall attest to
and certify the vote adopting this Resolution.
ADOPTED this ____ day of ___________________, 2026.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Melissa M. Crosthwaite
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
Resolution No. 2026-XXX
Page 3 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2026-_____ to be the original Resolution adopted by the City Council of the City of
Santa Ana on _____________________, 2026.
Date:
City Clerk
City of Santa Ana
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 4013344
ABIGAIL ALCALA
CITY OF SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701
HRG - NOTICE OF HEARING
PH Notice - Smokeshop
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the city of SANTA ANA, county of ORANGE, and adjudged a
newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of ORANGE, State of California,
under date 06/20/1922, Case No. 13421. That the notice, of which the
annexed is a printed copy, has been published in each regular and entire issue
of said newspaper and not in any supplement thereof on the following dates,
to-wit:
02/20/2026
02/20/2026
ORANGE
!A000007326333!
Email
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BEFORE THE CITY COUNCIL OF THE
CITY OF SANTA ANA,CA
The City of Santa Ana encourages the
public to participate in the decision-
making process.The following notice
is being provided so that you can ask
questions,make comments,and stay
informed about projects that might be
important to you.We encourage you to
contact us prior to the Public Hearing if
you have any questions.
NOTICE IS HEREBY GIVEN -The City
Council of the City of Santa Ana will hold
a public hearing to receive public
testimony and will take action on the items
described below.
Project Location:Citywide
Project Applicant:City of Santa Ana
Proposed Project:The City of Santa Ana
is requesting the adoption of Zoning
Ordinance Amendment (ZOA)No.2026-
01 to amend Chapter 41 (Zoning)of the
City of Santa Ana Municipal Code
(SAMC)to establish land use and zoning
regulations for smoke shop
establishments in order to protect public
health and safety.The proposed
amendments would incorporate
definitions,permit requirements,and
locational,development,and operating
standards applicable to smoke shop
establishments.In addition,the City of
Santa Ana is requesting adoption of a
resolution amending the Fiscal Year
2025-2026 Miscellaneous Fees Schedule
to establish two new fees for smoke shop
inspections.
Environmental Impact: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 foreseeable
indirect physical change in the
environment;Section 15060(c)(3),
because the activity is not a “project”
as defined in Section 15378;and
Section 15061(b)(3),because it can be
seen with certainty that there is no
possibility that the adoption of this
ordinance,which establishes land use
and zoning regulations for smoke
shops to protect public health and
safety,may have a significant effect on
the environment.These amendments
are administrative and regulatory in
nature,do not authorize specific
development projects,and are
intended to prevent the over-
concentration and proliferation of
smoke shops near sensitive uses.
Based on this analysis,a Notice of
Exemption,Environmental Review No.
2026-08,will be filed for this Project.
Action Taken by the Planning
Commission on February 9,2026:
Recommended City Council adopt
ordinance approving Zoning Ordinance
Amendment No.2026-01.VOTE:6:0:1
(Ayes:Commissioners Benninger,
Escamilla,Leo,Pham,Ramos,and Woo;
Absent:Commissioner Oliva).The
resolution to amend the Fiscal Year 2025-
2026 Miscellaneous Fees Schedule is not
subject to recommendation by the
Planning Commission.
Meeting Details:This public hearing will
be held on Tuesday,March 3,2026,at
5:30 p.m.,or as soon thereafter as the
matter may be heard,in the City Council
Chamber,22 Civic Center Plaza,Santa
Ana,CA 92701.Members of the public
may attend this meeting in-person or
join via Zoom.For the most up to date
information on how to participate virtually
in this meeting,please visit
https://www.santa-ana.org/agendas-and-
minutes/
Written Comments:If you are unable to
participate in the meeting,you may send
written comments by e-mail to
eComment@santa-ana.org (reference the
Agenda Item #in the subject line)or mail
to Jennifer L.Hall,City Clerk,City of
Santa Ana,20 Civic Center Plaza –M30,
Santa Ana,CA 92701.Deadline to submit
written comments is 4:00 p.m.on the day
of the meeting.Comments received after
the deadline may not be distributed to the
City Council but will be made part of the
record.
Where To Get More Information:All
staff reports regarding any item on this
agenda are available for public inspection
in the City Clerk's Office during regular
business hours and posted on the City's
website the Tuesday before a Council
meeting at:https://www.santa-
ana.org/agendas-and-minutes/
Who To Contact For Questions:Should
you have any questions,please contact
Siri Champion with the Planning and
Building Agency at SChampion@santa-
ana.org or (714)667-2751.
Note:If you challenge the decision on the
above matter in court,you may be limited
to raising only those issues you or
someone else raised at the public hearing
described in this notice,or in written
correspondence delivered to the City
Council of the City of Santa Ana at,or
prior to,the public hearing.
Si tiene preguntas en español,favor de
llamar a Gema Zapien (714)667-2732.
N u c n liên l c b ng ti ng Vi t,xin
i n tho i cho Kristie Ha (714)667-
2206.
Jennifer L.Hall,CMC
City Clerk
2/20/26
OR-4013344#