Public Hearing - Zoning Ordinance Amendment No. 2026-01 to Amend Portions of Chapter 41 (Zoning) Relating to Smoke Shop Establishments and a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2025-2026 to Establish a Planning and Building Agency Fee for Smoke Shop Inspections and a Police Department Fee for Smoke Shop Inspections Legal notice published in the OC Reporter on February 20, 2026. Department(s): Planning and Building Agency Recommended Action: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2026-01 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to definitions, location, permitting, development standards, and operational requirements for smoke shop establishments; and ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2026-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SMOKE SHOP ESTABLISHMENTS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION 15061(b)(3), read by title only and waive further reading 2. Adopt a resolution to establish a Planning and Building Agency Smoke Shop Inspection fee and a Police Department Smoke Shop Inspection fee. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR PLANNING AND BUILDING AGENCY SMOKE SHOP INSPECTIONS AND POLICE DEPARTMENT SMOKE SHOP INSPECTIONS

Summary

The City Council is considering Zoning Ordinance Amendment No. 2026-01 and a resolution to establish new inspection fees for smoke shops. The ordinance aims to regulate smoke shops by defining them as a distinct land use, requiring a Conditional Use Permit (CUP) for new establishments, and imposing strict location requirements. These include a 1,000-foot separation between smoke shops and from youth-centered uses (schools, parks, childcare facilities), a 500-foot separation from residential areas, and a prohibition from being visible from arterial streets. The ordinance also establishes development and operating standards, such as age restrictions (21+), limitations on displaying paraphernalia, mandatory video surveillance, litter control, and prohibitions on selling certain products like cannabis, kratom, and flavored tobacco. Existing smoke shops will be deemed nonconforming and must comply with new standards within six months, or lose their nonconforming status if operations cease for six months. A new resolution will establish inspection fees: $533.08 for Planning and Building Agency inspections and $709.98 for Police Department inspections, intended to recover the costs of annual joint inspections.

Citizen Impact

This ordinance will restrict the location and operation of smoke shops, potentially impacting their availability and increasing compliance costs for businesses. Residents may see a reduction in the number of smoke shops near sensitive areas, potentially improving community character and public health, but also leading to new fees for these businesses.

Confidence

high