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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 7 <br />5 <br />5 <br />8 <br />9 <br />To limit visibility of smoke shops from major arterials, as recommended by the Planning <br />Commission, the proposed ordinance includes a 300-foot buffer between arterial streets <br />and smoke shops. Such a standard is consistent with zoning practices to manage traffic, <br />preserve aesthetics, and deter undesirable activity in major business corridors. Such a <br />practice is consistent with the City’s current requirements for other uses such as <br />commercial storage and mini-warehouse facilities, which are less desirable uses in <br />commercial areas and are required to be at least 500 feet from an arterial street. <br />Existing and Future Smoke Shops <br />Currently, smoke shops are distributed throughout the city, spanning the length of <br />commercial corridors and sometimes clustering in groups of two or three. Under the <br />proposed ordinance, none of the 43 existing smoke shops would meet the location <br />requirements. <br />To gradually phase out smoke shops near sensitive uses, the proposed ordinance <br />includes nonconforming rules, which allow existing smoke shops to continue operations <br />if they have a valid Certificate of Occupancy and a Tobacco Retailer License. <br />Nonconforming shops may continue and must meet the new development and operating <br />standards (listed in Table 2) within six months of the effective date of the smoke shop <br />ordinance. <br />If a nonconforming smoke shop ceases operations for six months, the nonconforming <br />status discontinues and any new business at that location must conform to Chapter 41 <br />(Zoning) of the SAMC. The six-month limit aligns with the discontinuation period for the <br />sale of alcoholic beverages in Santa Ana, which has proven effective at reducing the <br />number of nonconforming alcohol sales establishments. <br />General Plan Consistency <br />The proposed modification to the Zoning Code is consistent with multiple goals and <br />policies outlined in the General Plan’s Land Use, Community, and Economic Prosperity <br />elements, specifically: <br />Land Use (LU) Element Goal LU-3 (Compatibility of Uses): This goal seeks to <br />preserve the character and integrity of existing neighborhoods. <br />Policy LU-3.3 (Enforcement of Standards): This policy aims to maintain a robust <br />and proactive code enforcement program that partners with community <br />stakeholders and is responsive to community needs. <br />Policy LU-3.8 (Sensitive Receptors): This policy endeavors to avoid placing <br />noxious or hazardous land uses in close proximity to sensitive land uses. <br />Policy LU-4.6 (Healthy Living Conditions): This policy encourages land use <br />decisions that promote healthy lifestyles. <br />Community (CM) Element Goal CM-3 (Active Living and Well-Being): This goal <br />promotes the health and wellness of all residents.