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Ordinance No. NS-#### <br />Page 1 of 17 <br />ORDINANCE NO. NS-XXXX <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 SECTION15061(b)(3) <br />WHEREAS, the City of Santa Ana, under its police power, has the authority to <br />enact and enforce regulations to promote the public health, safety, and general welfare <br />of its 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 <br />has been systematically pursued through predatory marketing and cultural exploitation by <br />the tobacco industry1 and about 10% of the City’s population is Asian American, a <br />population within which Vietnamese-American men have historically exhibited some of <br />the highest smoking prevalence rates in California2; and <br />WHEREAS, roughly 13% of the population of the City lives below the federal <br />poverty line3 and suffers from disproportionately high density of tobacco retailers in lower- <br />income census tracts compared to more affluent Orange County cities, a disparity that <br />creates an “inequity of exposure” by saturating the local retail environment with point -of- <br />sale advertising and cheap tobacco products that facilitate higher rates of nicotine <br />dependence in 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, Califonia (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 <br />California." CDPH Tobacco Control Program. <br />5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and <br />Tobacco." CDC Tobacco Office.