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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution) March 3, 2026 Page 2 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: Planninq Commission Topics for Consideration Item Commission Comment Proposed Change to Draft Ordinance Mobile Recommended that staff evaluate the Specify by definition that smoke shops are Vending treatment of mobile vending vehicles with businesses located in permanent, fully Trucks ancillary sale of tobacco products in a enclosed buildings. manner similar to convenience stores and grocery stores, which are distinct from smoke shops and not subject to the proposed regulations. Arterials Recommended that staff consider prohibiting Disallow smoke shops within a building or smoke shops on arterial streets. 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. City Council 21 — 2 3/3/2026