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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 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. 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 ocery 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 4 of 17 City Council 21 — 13 3/3/2026