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<br />Ordinance No. NS-#### <br />Page 4 of 17 <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA HERBY ORDAINS AS <br />FOLLOWS: <br /> <br />Section 1. The recitals above are each incorporated by reference and adopted <br />as findings by the City Council. <br /> <br />Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and <br />the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA <br />review pursuant to Section 15060(c)(2) because the activity will not result in a direct or <br />reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), <br />because the activity is not a “project” as defined in Section 15378; and Section <br />15061(b)(3), because it can be seen with certain ty that there is no possibility that the <br />adoption of this ordinance, which establishes land use and zoning r egulations for smoke <br />shops to protect public health and safety, may have a significant effect on the <br />environment. These amendments are administrative and regulatory in nature, do not <br />authorize specific development projects, and are intended to prevent the over - <br />concentration and proliferation of smoke shops near sensitive uses. <br /> <br />Section 3. Section 41-44.5.1. (Convenience store) of Chapter 41 of the SAMC <br />is hereby added to read as follows: <br /> <br />Sec. 41-44.5.1. – Convenience store. <br /> <br />A convenience store means a retail establishment that sells a variety of products for <br />consumption off-premises, including, but not limited to, food and beverages, household <br />goods, over-the-counter medicines, magazines and other printed publications, and other <br />similar items. <br /> <br />Section 4. Section 41-42.9. (Cigarette) of Chapter 41 of the SAMC is hereby <br />added to read as follows: <br /> <br />Sec. 41-42.9. - Cigarette. <br />Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation <br />Code, including any amendments or successor statutes thereto. <br /> <br />Section 5. Section 41-65.6. (Grocery store) of Chapter 41 of the SAMC is <br />hereby added to read as follows: <br /> <br />Section. 41-65.6. – Grocery store. <br /> <br />A grocery store means a retail establishment that typically stocks a range of items, <br />including fresh produce, meats, dairy products, canned and packaged goods, over-the- <br />counter medicines, and household supplies like cleaning products and paper goods. It <br />can serve a neighborhood or the wider community, and while offering items of <br />convenience, is not considered a Convenience Store. Attributes of such establishment