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ORDINANCE NO. NS-3091 <br /> ZONING ORDINANCE AMENDMENT NO, 2026-01 — AN <br /> ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br /> SANTA ANA AMENDING PORTIONS OF CHAPTER 41 <br /> (ZONING) OF THE SANTA ANA MUNICIPAL CODE <br /> RELATING TO SMOKE SHOP ESTABLISHMENTS AND <br /> FINDING THE ACTION TO BE EXEMPT FROM THE <br /> CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) <br /> UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2), <br /> SECTION 15060(c)(3), AND SECTION 15061(b)(3) <br /> WHEREAS, the City of Santa Ana, under its police power, has the authority to enact <br /> and enforce regulations to promote the public health, safety, and general welfare of its <br /> residents and to regulate the use of land within the City; and <br /> WHEREAS, the City's powers to regulate and enforce laws in the area of tobacco <br /> sales and distribution are reflected in various State laws, including California Health and <br /> Safety Code Section 118950(e), California Business and Professions Code Section <br /> 22960(c), 22961(b), 22962(e), and 22963; and <br /> WHEREAS, about 77% of Santa Ana's population is Latino, a population which has <br /> been systematically pursued through predatory marketing and cultural exploitation by the <br /> tobacco industry' and about 10% of the City's population is Asian American, a population <br /> within which Vietnamese-American men have historically exhibited some of the highest <br /> smoking prevalence rates in California2; and <br /> WHEREAS, roughly 13% of the population of the City lives below the federal poverty <br /> line3 and suffers from disproportionately high density of tobacco retailers in lower-income <br /> census tracts compared to more affluent Orange County cities, a disparity that creates an <br /> "inequity of exposure" by saturating the local retail environment with point-of-sale advertising <br /> and cheap tobacco products that facilitate higher rates of nicotine dependence in <br /> marginalized neighborhoods4,5; and <br /> 1 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Hispanic or Latino: 76.7%). <br /> Census.gov; Acevedo-Garcia, D., Et al. (2004). "The Hispanic Market: Tobacco Industry Targeting and <br /> Surveillance." American Journal of Public health. <br /> 2 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Asian alone: 10.3%). Census.gov; <br /> Tong, E.K., et al. (2010). "Smoking Prevalence and Factors Associated with Smoking Status Among <br /> Vietnamese in California. Nicotine & Tobacco Research. <br /> 3 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Persons in poverty: 12.6%). <br /> Census.gov. <br /> 4 California Department of Public Health (CDPH). (2017). "Density of Tobacco Retailers in California." CDPH <br /> Tobacco Control Program. <br /> 5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and <br /> Tobacco." CDC Tobacco Office. <br /> Ordinance No. NS-3091 <br /> Page 1 of 15 <br />