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Home My WebLink AboutPresentation - Item 21 - Smoke Shop OrdinanceSmoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 1 Smoke Shop Ordinance and Fee Resolution Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 2 Recommendations 1.Adopt an ordinance approving Zoning Ordinance Amendment No. 2026-01 to amend Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to establish land use and zoning regulations for smoke shops in order to protect public health and safety. 2.Adopt a resolution to establish a Planning and Building Agency Smoke Shop Inspection Fee and a Police Department Smoke Shop Inspection Fee. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 3 Background •December 2, 2025: City Council directed staff to draft an ordinance to regulate smoke shop establishments to protect public health and safety. •February 9, 2026: Planning Commission recommended that the City Council approve Zoning Ordinance Amendment No. 2026-01 regarding smoke shops with direction that staff evaluate certain definition(s) and location requirements and revise the proposed ordinance accordingly. •Since January 1, 2024, the number of smoke shops has more than doubled. •Approximately 96% of smoke shops are located in close proximity to sensitive uses including: –Schools, –Parks, and –Residential land uses. •Existing smoke shops distributed throughout the City in commercial corridors. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 4 Existing Smoke Shops Locations shown in green are permitted by existing codes. Those shown in red are operating without required permits. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 5 Community Impacts •Enforcement has uncovered a range of illegal activities such as: –Storage of banned substances (nitrous oxide, whippets, and flavored tobacco), –Gambling operations, and –Sale of unregulated products. •Community, health, and safety impacts such as: –Loitering, –Smoking, –Littering, and –Crime. •Continued enforcement has resulted in additional strains on Police Department, Code Enforcement, and other staff resources: 989 SAPD calls for service in 2025, 9 inspections by Code Enforcement since August 2025, and ongoing responses to public complaints and inquiries. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 6 Proposed Amendments Overview •Establish a definition for smoke shops and related uses. •Permit with a CUP in commercial districts. •Require separation: 1,000 feet between smoke shops, 1,000 from youth-centered uses, 1,000 feet from an alcohol or other drug abuse recovery or treatment facility, 500 feet from a residentially zoned or used property. •Establish development and operating standards: limiting display; restricting age; adding exterior lighting; requiring removal of litter and graffiti; prohibiting vending machines; requiring signage and visibility; prohibiting nuisance and illicit activities; requiring training; adhering to laws, regulations, and orders; limiting hours of operation, requiring security and surveillance, and requiring inspections. •Make existing legal smoke shops nonconforming and require conformance following discontinuation of smoke shop use. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 7 Planning Commission Comments Topic Commission Comment Proposed Zoning Code Amendment Mobile Vending Evaluate treatment of mobile vending vehicles with ancillary sale of tobacco products in a manner similar to convenience stores and grocery shops, 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. Visibility from Arterials 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. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 8 Potentially Eligible Locations1 for Smoke Shops 1.Map does not include: •Nonconforming residential uses •Some SDs, SPs, and the MEMU overlay, which also allow residential •Alcohol or other drug abuse recovery or treatment facility •Tenant spaces visible from arterial streets Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 9 General Plan Consistency •Land Use (LU) Element Goal LU-3 (Compatibility of Uses) –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. •Land Use (LU) Element Goal LU-4 (Complete Communities) –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) –Policy CM-3.2 (Healthy Neighborhoods): This policy supports the creation of healthy neighborhoods by addressing public safety, land use conflicts, and incompatible uses. •Economic Prosperity (EP) Element Goal EP-2 (Diverse Economic Base) –Policy EP-2.3 (Complementary Businesses): This policy encourages the development of mutually beneficial and complementary business clusters within the community. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 10 CEQA Analysis •Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the proposed project is exempt from further environmental 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. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 11 Fiscal Impacts •The proposed ordinance has a net-neutral fiscal impact as fees are intended to recover the City’s costs of drafting and administering the ordinance –Resources include staff from the Planning and Building Agency and the Police Department –2026 inspection fee revenues of approximately $47,000 •New miscellaneous fees to recover the City’s costs: –Planning and Building Agency Inspection fee: $533.08 –Police Department Inspection fee: $709.98 Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 12 Recommendations 1.Adopt an ordinance approving Zoning Ordinance Amendment No. 2026-01 to amend Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to establishing land use and zoning regulations for smoke shops. 2.Adopt a resolution to establish a Planning and Building Agency Smoke Shop Inspection fee and a Police Department Smoke Shop Inspection fee. Smoke Shop Ordinance and Fee Resolution Item No. 21 Planning and Building Agency March 3, 2026 Slide 13 Discussion