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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution) March 3, 2026 Page 7 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. City Council 21 — 7 3/3/2026