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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance <br />and Inspection Fee Resolution) <br />March 3, 2026 <br />Page 2 <br />5 <br />5 <br />8 <br />9 <br />GOVERNMENT CODE §84308 APPLIES: No <br />EXECUTIVE SUMMARY <br />On December 2, 2025, the City Council directed staff to prepare an ordinance to <br />regulate the establishment and permitting of smoke shops and restrict their proximity to <br />sensitive uses such as schools, parks, childcare facilities, and residences, and to <br />require Planning Commission approval of a conditional use permit (CUP) for the <br />establishment of new smoke shops. The proposed ordinance follows City Council <br />direction by defining smoke shops separate from retail and service establishments, <br />regulating location by requiring a buffer from one another and from sensitive uses, <br />requiring CUP approval for the establishment of new smoke shops, and establishing <br />development and operating standards. <br />Planning Commission Action – February 9, 2026 <br />On February 9, 2026, the Planning Commission held a public hearing for the project and <br />voted 6:0:1 (Commissioner Oliva absent) to recommend that the City Council approve <br />Zoning Ordinance Amendment (ZOA) No. 2026-01. During Planning Commission <br />comments, commissioners requested that staff evaluate incorporation of two items detailed <br />in Table 1 below, which have been evaluated and addressed in the revised draft ordinance: <br />Table 1: Planning Commission Topics for Consideration <br />Item Commission Comment Proposed Change to Draft Ordinance <br />Mobile <br />Vending <br />Trucks <br />Recommended that staff evaluate the <br />treatment of mobile vending vehicles with <br />ancillary sale of tobacco products in a <br />manner similar to convenience stores and <br />grocery stores, which are distinct from <br />smoke shops and not subject to the <br />proposed regulations. <br />Specify by definition that smoke shops are <br />businesses located in permanent, fully <br />enclosed buildings. <br />Arterials Recommended that staff consider prohibiting <br />smoke shops on arterial streets. <br />Disallow smoke shops within a building or <br />tenant space where any storefront, <br />signage, or pedestrian entrance is oriented <br />toward or visible from an arterial street. <br />DISCUSSION <br />The City of Santa Ana is proposing to amend portions of Chapter 41 (Zoning) relating to <br />smoke shop establishments and a resolution to amend the Miscellaneous Fees Schedule <br />for Fiscal Year 2025-2026 to establish a Planning and Building Agency Fee for Smoke <br />Shop Inspections and a Police Department Fee for Smoke Shop Inspections. The <br />proposed ordinance is attached to this report as Exhibit 1.