Santa Ana City Council
March 3, 2026

5 5
8 9
GOVERNMENT CODE §84308 APPLIES: No

EXECUTIVE SUMMARY
On December 2, 2025, the City Council directed staff to prepare an ordinance to regulate the establishment and permitting of smoke shops and restrict their proximity to sensitive uses such as schools, parks, childcare facilities, and residences, and to require Planning Commission approval of a conditional use permit (CUP) for the establishment of new smoke shops. The proposed ordinance follows City Council direction by defining smoke shops separate from retail and service establishments, regulating location by requiring a buffer from one another and from sensitive uses, requiring CUP approval for the establishment of new smoke shops, and establishing development and operating standards.

Planning Commission Action – February 9, 2026
On February 9, 2026, the Planning Commission held a public hearing for the project and voted 6:0:1 (Commissioner Oliva absent) to recommend that the City Council approve Zoning Ordinance Amendment (ZOA) No. 2026-01. During Planning Commission comments, commissioners requested that staff evaluate incorporation of two items detailed in Table 1 below, which have been evaluated and addressed in the revised draft ordinance:

Table 1: Planning Commission Topics for Consideration
Item Commission Comment Proposed Change to Draft Ordinance Mobile
Vending
Trucks
Recommended that staff evaluate the
treatment of mobile vending vehicles with
ancillary sale of tobacco products in a
manner similar to convenience stores and
grocery stores, which are distinct from
smoke shops and not subject to the
proposed regulations.

Specify by definition that smoke shops are
businesses located in permanent, fully
enclosed buildings.

Arterials Recommended that staff consider prohibiting
smoke shops on arterial streets.

Disallow smoke shops within a building or
tenant space where any storefront,
signage, or pedestrian entrance is oriented
toward or visible from an arterial street.

DISCUSSION
The City of Santa Ana is proposing to amend portions of Chapter 41 (Zoning) relating to smoke shop establishments and a resolution to amend the Miscellaneous Fees Schedule for 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. The proposed ordinance is attached to this report as Exhibit 1.

City Council
21 –
2 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9
Background and Present Status
There has been a significant rise in the number of licensed and unlicensed tobacco retail establishments within the City. The number of smoke shops has risen from 17 to 43 smoke shops (38 licensed, 5 unlicensed) since January 1, 2024. Approximately 96% of all documented smoke shops are located in neighborhood-serving retail centers in close proximity to sensitive uses, raising public health, safety, and enforcement concerns.

Chapter 41 of the SAMC does not distinguish smoke shops from general retail uses. As a result, licensed retailers have been allowed to establish at locations throughout the City in commercial and other zoning districts where retail uses are allowed by-right.

While smoke shops are distributed throughout the City, nearly 60% of them are located within 1,000 feet of youth-centered land uses such as schools, parks, and childcare facilities and all but two are located within 500 feet of residential uses.

Public Health and Safety
The proximity of tobacco retailers to youth is a public health concern. The U.S. Surgeon General determined in 2012 that a high density of tobacco retailers promotes youth smoking by both increasing access to products and creating more environmental cues that encourage smoking.1 Research indicates that such conditions are associated with an increased rate of tobacco use initiation in young people, 2,3 higher overall tobacco consumption, and a lower likelihood of successfully quitting.4,5 While the impact of tobacco retailer density on minors is a primary concern, the presence of smoke shops also affects community character, public health, and public safety. Those effects are evidenced by increased loitering, smoking, littering, and crime linked to cash- based operations, factors that drive a consequential decline in nearby quality of life and with detrimental impacts on surrounding businesses.

In 2025, Police Department personnel received 989 calls for service and complaints about the sale of tobacco products to minors, which prompted targeted enforcement. These 1 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012.
2 Center for Public Health Systems Science. Point-of-Sale Strategies: A Tobacco Control Guide. Center for Public Health Systems Science; George Warren Brown School of Social Work at Washington University in St. Louis and the Tobacco Control Legal Consortium, 2014.
3 Henriksen L, Feighery EC, Schleicher NC, Cowling DW, Kline RS, Fortmann SP. Is adolescent smoking related to the density and proximity of tobacco outlets and retail advertising near schools? Prev Med Aug 2008;47(2):333–8. 4 Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighborhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health 2005;59(7):568–73. 5 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012.

City Council
21 –
3 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9
investigations confirmed additional concerns and uncovered illicit activities. Because of investigations, authorities executed 12 search warrants, which revealed various criminal violations, including:
Storage of narcotics and controlled substances,
Sale of nitrous oxide, and
Sale of flavored tobacco products.

Following searches, the Police Department issued citations and, in some instances, made arrests. The Code Enforcement Division has also responded to complaints about smoke shops and began collecting detailed data for them in August 2025. Since then, Code Enforcement personnel have issued two Notices and Orders, five Notices of Violation, and 10 Administrative Fines for unpermitted work, unpermitted substance sales, and operation without required licensing and/or certification.

Proposed Ordinance
The draft smoke shop ordinance defines smoke shops as a distinct land use separate from retail and service uses, and restricts the location of smoke shops to commercial zones provided they obtain a CUP. Furthermore, the ordinance restricts the location by buffering smoke shops from one another and from residential and youth-centered land uses. In addition, the ordinance establishes a set of regulations to minimize impacts to surrounding businesses and neighborhoods. The following table summarizes current and proposed regulations.

Table 2: Current and Proposed Regulations
Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
Definitions Smoke shops are not defined
and are considered a type of
retail and service
establishment.

Sec. 41-152.6.1 establishes a definition for
smoke shops and specifically excludes
convenience stores and grocery stores with
accessory sales of tobacco.

Zoning Districts Smoke shops are consider a
retail and service
establishment and are
permitted throughout the city in
commercial and industrial
districts and Specific Plans
and Specific Developments
where retail and service uses
are allowed by right.

Sec. 41-2409 expressly states that smoke
shops may be located in the C1, C1-MD, C2,
C4, C5, or C-SM zoning districts subject to
approval of a CUP.

Permit
Requirements
No special or additional permit
required for smoke shops.

Sec. 41-2410(b)(1) requires a CUP for the
establishment of smoke shops.

Location
Requirements
No location requirements. Sec. 41-2409(a) establishes location standards, including:

City Council
21 –
4 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9
Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment

1. 1,000-foot separation between smoke
shops;

2. 1,000-foot separation requirement from
youth-centered uses including recreational
facilities and schools;

3. 1,000-foot separation requirement from an
alcohol or other drug abuse recovery or
treatment facility;

4. 500-foot separation requirement from a
property zoned or used for residential
purposes; and

5. Prohibition from buildings or tenant spaces
where any storefront, signage, or
pedestrian entrance is oriented toward or
visible from the public right-of-way of an
arterial street.

Development and
Operating
Standards
No development and operating
standards specific to smoke
shops.

Sec. 41-2411 establishes development and
operating standards applicable to all smoke
shops, existing and future, including, but not
limited to:

1.Limiting display of smoking paraphernalia;

2.Age restrictions (must be 21 years or older
to enter);

3.Lighting;

4.Litter and graffiti removal;

5.Vending machine prohibition;

6.Video surveillance requirements;

7.Signage, glazing, and obstructions;

8.Prohibition of loitering, illegal drug activity,
public intoxication, sales to minors,
gambling, and prostitution;

9.Training requirements;

10.Compliance with local, state, and federal
laws, regulations, and orders;

11.Posting of Conditions of Approval and
proof of training;

12.Prohibition of sale of certain products (e.g.
cannabis or cannabinoid products, drug
paraphernalia, flavored tobacco, and
kratom products);

13.Hours of operation;

14.Security planning and measures;

15.Annual inspections; and

16.Circumstances for fines and/or CUP
revocation.

City Council
21 –
5 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9
Item Existing Zoning Code
Regulations
Proposed Zoning Code Amendment
Discontinuance of
Nonconforming
Status
Smoke shops are not subject
to use-specific discontinuance
of nonconforming status.

Sec. 41-683.8 deems all smoke shops with a
valid certificate of occupancy and tobacco
retailer license prior to the effective date of the
ordinance nonconforming and establishes that
if a nonconforming smoke shop is discontinued
for a period of six months, the subsequent use
must conform to the provisions of the Zoning
Code.

Locational Criteria Analysis
The proposed ordinance includes three distance and separation requirements to protect public health, safety, and community character.

To reduce exposure of smoke shops to youth, a 1,000-foot buffer is proposed between smoke shops and youth-centered locations. This proposed distance is more effective at making tobacco products less visible and accessible to students, particularly those walking or biking to and from school. This standard matches the City’s buffers for other restricted businesses, such as alcohol retailers, which have proven effective at reducing access to alcoholic beverages, and which is associated with lowering initiation of consumption and consumption rates, reducing violence, and decreasing crime. A 1,000- foot buffer is consistent with those adopted by cities like Anaheim and Fresno.

To protect residential neighborhoods from secondary impacts, such as late-night loitering, the proposed ordinance also includes a 500-foot buffer between smoke shops and residential areas. This distance balances the desire to protect community character with the need to leave some commercial space available for businesses. Such a standard matches the City’s rules for other restricted businesses, like massage establishments, which have proven effective at limiting their associated negative impacts. While a 500- foot standard is stricter than Anaheim’s 200-foot rule, it is a more consistent compared to other California cities that have recently adopted regulations, such as West Hollywood (600 feet), Escalon (600 feet), and Rancho Cordova (1,000 feet).

To prevent overconcentration of smoke shops, the proposed ordinance includes a 1,000- foot buffer between smoke shops. Separating the businesses helps to prevent the formation of “vice hubs” that can negatively impact community character, health, and safety. This distance matches the City’s current requirements for massage establishments and adult entertainment businesses, which have proven effective at reducing crime and fostering a more professional, therapeutic environment. Other cities in California, including Fresno and Rancho Cucamonga, have the same separation requirement.

City Council
21 –
6 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9
To limit visibility of smoke shops from major arterials, as recommended by the Planning Commission, the proposed ordinance includes a 300-foot buffer between arterial streets and smoke shops. Such a standard is consistent with zoning practices to manage traffic, preserve aesthetics, and deter undesirable activity in major business corridors. Such a practice is consistent with the City’s current requirements for other uses such as commercial storage and mini-warehouse facilities, which are less desirable uses in commercial areas and are required to be at least 500 feet from an arterial street.

Existing and Future Smoke Shops
Currently, smoke shops are distributed throughout the city, spanning the length of commercial corridors and sometimes clustering in groups of two or three. Under the proposed ordinance, none of the 43 existing smoke shops would meet the location requirements.

To gradually phase out smoke shops near sensitive uses, the proposed ordinance includes nonconforming rules, which allow existing smoke shops to continue operations if they have a valid Certificate of Occupancy and a Tobacco Retailer License.

Nonconforming shops may continue and must meet the new development and operating standards (listed in Table 2) within six months of the effective date of the smoke shop ordinance.

If a nonconforming smoke shop ceases operations for six months, the nonconforming status discontinues and any new business at that location must conform to Chapter 41 (Zoning) of the SAMC. The six-month limit aligns with the discontinuation period for the sale of alcoholic beverages in Santa Ana, which has proven effective at reducing the number of nonconforming alcohol sales establishments.

General Plan Consistency
The proposed modification to the Zoning Code is consistent with multiple goals and policies outlined in the General Plan’s Land Use, Community, and Economic Prosperity elements, specifically:
Land Use (LU) Element Goal LU-3 (Compatibility of Uses): This goal seeks to preserve the character and integrity of existing neighborhoods. Policy LU-3.3 (Enforcement of Standards): This policy aims to maintain a robust and proactive code enforcement program that partners with community stakeholders and is responsive to community needs.
Policy LU-3.8 (Sensitive Receptors): This policy endeavors to avoid placing noxious or hazardous land uses in close proximity to sensitive land uses. Policy LU-4.6 (Healthy Living Conditions): This policy encourages land use decisions that promote healthy lifestyles.
Community (CM) Element Goal CM-3 (Active Living and Well-Being): This goal promotes the health and wellness of all residents.

City Council
21 –
7 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9
Policy CM-3.2 (Healthy Neighborhoods): This policy supports the creation of healthy neighborhoods by addressing public safety, land use conflicts, and incompatible uses.
Policy EP-2.3 (Complementary Businesses): This policy encourages the development of mutually beneficial and complementary business clusters within the community.

Code Enforcement and Police Department Smoke Shop Inspection Fees Miscellaneous Fees are intended to recover the City’s costs associated with delivering the corresponding services and, in accordance with state law, cannot exceed the City’s actual costs in delivering said services.

With the adoption of ZOA No. 2026-01, the City would require smoke shop inspections at least once per year. Code Enforcement and the Police Department will conduct joint inspections. Code Enforcement will inspect compliance with development and operating standards such as, but not limited to, the display of products, lighting, signage, glazing, and obstructions, in addition to compliance with Conditions of Approval. The Police Department will conduct inspections for evidence of criminal activity such as, but not limited to, loitering and other nuisance activities, and the sale of prohibited products, as well as proper video surveillance.

Neither of the inspection types were contemplated in the Fiscal Year 2025-2026 Miscellaneous Fees Schedule. The Planning and Building Agency is proposing to establish a Code Enforcement Smoke Shop Inspection fee of $533.08 and the Police Department is proposing to establish a Police Department Smoke Shop Inspection fee of $709.98.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), because the activity is not a “project” as defined in Section 15378; and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the adoption of this ordinance, which establishes land use and zoning regulations for smoke shops to protect public health and safety, may have a significant effect on the environment. These amendments are administrative and regulatory in nature, do not authorize specific development projects, and are intended to prevent the over- concentration and proliferation of smoke shops near sensitive uses. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-08, will be filed for this Project.

City Council
21 –
8 3/3/2026

Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance and Inspection Fee Resolution)
March 3, 2026

5 5
8 9

FISCAL IMPACT
The proposed smoke shop ordinance is expected to generate revenue that offsets any administrative costs. Existing mandatory fees for CUP applications will recover the administrative cost to process applications.

In addition, adoption and implementation of the ordinance requires the establishment of new fees to allow the City to recover expenses incurred for staff time spent preparing for, conducting, and reporting on inspections. City departments required to administer the inspections include the Planning and Building Agency and the Police Department.

The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance would generate fiscal impacts to the City in the form of additional expenditures offset by new revenues. A new smoke shop CUP application would generate a base cost of $13,691. Application fees include those for processing a Conditional Use Permit, Development Project Review, and an Environmental Review. In 2026, staff estimates conducting 38 inspections for existing smoke shops operating with permits and Certificates of Occupancy, resulting in approximately $47,000 in total inspection fees.

EXHIBITS

1. Ordinance

2. Fee Resolution

3. February 9, 2026 Planning Commission Staff Report and Exhibits

4. Copy of Public Hearing Notice
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager

City Council
21 –
9 3/3/2026

Ordinance No. NS-####

ORDINANCE NO. NS-XXXX
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 SECTION15061(b)(3)
WHEREAS, the City of Santa Ana, under its police power, has the authority to enact and enforce regulations to promote the public health, safety, and general welfare of its residents and to regulate the use of land within the City; and WHEREAS, the City’s powers to regulate and enforce laws in the area of tobacco sales and distribution are reflected in various State laws, including California Health and Safety Code Section 118950(e), California Business and Professions Code Section 22960(c), 22961(b), 22962(e), and 22963; and
WHEREAS, about 77% of Santa Ana’s population is Latino, a population which has been systematically pursued through predatory marketing and cultural exploitation by the tobacco industry 1 and about 10% of the City’s population is Asian American, a population within which Vietnamese -American men have historically exhibited some of the highest smoking prevalence rates in California2; and WHEREAS, roughly 1 3% of the population of the City lives below the federal poverty line3 and suffers from disproportionately high density of tobacco retailers in lower- income census tracts compared to more affluent Orange County cities, a disparity that creates an “inequity of exposure” by saturating the local retail environment with point -of- sale advertising and cheap tobacc o products that facilitate higher rates of nicotine dependence in marginalized neighborhoods4,5; and
1 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Hispanic or Latino: 76.7%).

Census.gov; Acevedo-Garcia, D., Et al. (2004). “The Hispanic Market: Tobacco Industry Targeting and Surveillance.” American Journal of Public health.
2 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, Califonia (Asian alone: 10.3%). Census.gov; Tong, E.K., et al. (2010). “Smoking Prevalence and Factors Associated with Smoking Status Among Vietnamese in California. Nicotine & Tobacco Research.
3 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Persons in poverty: 12.6%).

Census.gov.
4 California Department of Public Health (CDPH). (2017). "Density of Tobacco Retailers in California." CDPH Tobacco Control Program.
5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and Tobacco." CDC Tobacco Office.

City Council
21 –
10 3/3/2026

Ordinance No. NS-####

WHEREAS, Santa Ana’s status as one of the most densely populated cities in the United States results in a high concentration of tobacco retailers within walking distance of schools, parks, and residential land uses6,7; and

WHEREAS, smoke shops are a type of tobacco retailer and are distributed citywide primarily along commercial corridors in close proximity to schools, parks, and residential land uses; and

WHEREAS, nearly sixty (60) percent of smoke shops are located within 1,000 feet of youth-centered uses such as schools, parks, and childcare facilities, and about ninety- six (96) percent of smoke shops are located within 500 feet of residences; and

WHEREAS, the City Council has observed a significant increase in the number of smoke shops in the City and, since January 1, 2024, the number of smoke shops in Santa Ana has more than doubled from seventeen (17) to forty-three (43); and

WHEREAS, on December 2, 2025, the City Council directed City staff to prepare an ordinance to regulate the establishment and permitting of smoke shops to restrict their proximity to sensitive uses such as schools, parks, childcare facilities, and residences to address public health, public safety, and enforcement concerns; and

WHEREAS, smoke shops have historically been treated as ordina ry retail under the Santa Ana Municipal Code (SAMC), which has limited the City’s ability to assess their cumulative impact on community character and public safety; and

WHEREAS, there exists a compelling interest in reducing the exposure of minors to tobacco products, electronic cigarettes, and related paraphernalia, consistent with the goals of the City’s Tobacco Retail Licensing program and recent prohibitions on flavored tobacco products; and

WHEREAS, the City recently prohibited the sale of nitrous -oxide for recreational use via local ordinance in 2025 to close loopholes in State law and address the illicit distribution of inhalants often found in smoke shop environments; and

WHEREAS, in 2025, Santa Ana Police Department personnel served twelve (12) search warrants and, as a result of the search warrants , they discovered narcotics, loitering, and violations related to the sale of nitrous-oxide and flavored tobacco; and

WHEREAS, in 2025, Santa Ana Police Department personnel received 989 calls for service for illegal and nuisance activities at smoke shops; and

6 Campaign for Tobacco-Free Kids. (2023). "The Impact of Retailer Density on Youth Smoking." TobaccoFreeKids.org.
7 U.S. Department of Health and Human Services. (2024). "Tobacco-Related Health Disparities: A Report of the Surgeon General." HHS.gov.

City Council
21 –
11 3/3/2026

Ordinance No. NS-####

WHEREAS, Code Enforcement and Police Department enforcement have observed unlawful activities at smoke shops that directly impact community character, public health, and public safety; and

WHEREAS, unlawful nuisance activities observed at smoke shop establishments include, but are not limited to, storage of banned substances such as nitrous oxide, whippets, and flavored tobacco; illegal gambling operations; sale of unregulated goods such as psychedelic mushrooms, kratom, and hemp; loitering; littering; and crime linked to cash-based operations; and

WHEREAS, between August 2025, when Code Enforcement data specific to smoke shops was first collected, and January 2026, Code Enforcement personnel issued two (2) Notices and Orders, five (5) Notices of Violation, and ten (10) administrative citations for unpermitted work, unpermitted substance sales, and operation without licensing and/or certification; and

WHEREAS, Zoning Ordinance Amendment No. 2026-01 is consistent with various goals and policies of the General Plan, specifically, this action is consistent with Land Use (LU) Element Goal LU -3 (Compatibility of Uses) , which is intended to preserve the character and integrity of existing neighborhoods; Policy LU -3.3 (Enforcement of Standards), which aims to maintain a robust and proactive code enforcement program that partners with community stakeholders and is responsive to community needs; Policy LU-3.8 (Sensitive Receptors), which endeavors to avoid placing noxious or hazardous uses in close proximity to sensitive land uses; Policy LU -4.6 (Healthy Living Conditions) which encourages land use decisions that promote healthy lifestyles; Community (CM) Element Goal CM -3 (Active Living and Well -Being), which promotes the health and wellness of all residents; Policy CM -3.2 (Healthy Neighborhoods) , which supports the creation of healthy neighborhoods by addressing public safety, land use conflicts, and incompatible uses ; a nd Economic Prosperity (EP) Element Policy EP -2.3 (Complementary Businesses), which encourages the development of mutually beneficial and complementary business clusters within the community; and

WHEREAS, on February 9, 2026, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2026 -01, at which time the Planning Commission recommended that the City Council adopt the proposed ordinance with direction that staff evaluate certain definition(s) and location requirements and revise the proposed ordinance accordingly; and

WHEREAS, on March 3, 2026, the City Council held a duly-noticed public hearing and considered the staff report, r ecommendations by staff, and public testimony concerning the proposed ordinance.

City Council
21 –
12 3/3/2026

Ordinance No. NS-####

THE CITY COUNCIL OF THE CITY OF SANTA ANA HERBY ORDAINS AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance (“Project”) is exempt from CEQA review pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), because the activity is not a “project” as defined in Section 15378; and Section 15061(b)(3), because it can be seen with certain ty that there is no possibility that the adoption of this ordinance, which establishes land use and zoning regulations for smoke shops to protect public health and safety, may have a significant effect on the environment. These amendments are administrative and regulatory in nature, do not authorize specific development projects, and are intended to prevent the over - concentration and proliferation of smoke shops near sensitive uses.

Section 3. Section 41-44.5.1. (Convenience store) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-44.5.1. – Convenience store.

A convenience store means a retail establishment that sells a variety of products for consumption off-premises, including, but not limited to , food and beverages, household goods, over-the-counter medicines, magazines and other printed publications, and other similar items.

Section 4. Section 41-42.9. (Cigarette) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-42.9. - Cigarette.

Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation Code, including any amendments or successor statutes thereto.

Section 5. Section 41 -65.6. (Grocery store) of Chapter 41 of the SAMC is hereby added to read as follows:

Section. 41-65.6. – Grocery store.

A grocery store means a retail establishment that typically stocks a range of items, including fresh produce, meats, dairy products, canned and packaged goods, over-the- counter medicines, and household supplies like cleaning products and paper goods. It can serve a neighborhood or the wider community, and while offering items of convenience, is not considered a Convenience Store. Attributes of such establishment

City Council
21 –
13 3/3/2026

Ordinance No. NS-####

often include multiple entrances, loading docks, and interior food service such as bakeries and butcher counters.

Section 6. Section 41-54.6. (Electronic cigarette) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-54.6. - Electronic cigarette.

Electronic cigarette, or e-cigarette, shall have the same meaning as Section 31001(c) of the Revenue & Taxation Code, including any amendments or successor statutes thereto.

Section 7. Section 41-152.6. (Smoke and vapor products) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-152.6. - Smoke and vapor products.

Smoke and vapor products include, but may not be limited to, tobacco products and smoking paraphernalia.

Section 8. Section 41 -152.6.1. (Smoke shop) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-152.6.1. - Smoke shop.

A smoke shop means any business located in a permanent, fully -enclosed building that primarily sells or offers for sale any smoke and vapor produ cts, but shall not include:
establishments whose business includes the incidental sale of smoke and vapor products (such as convenience stores and grocery stores as defined by this Chapter ); establishments that sell smoke and vapor products principally for onsite consumption (such as private smokers’ lounges); or establishments operating under a commercial cannabis business under Chapter 40 (Regulation of Commercial Cannabis Activities).

Section 9. Section 41 -152.6.2. (Smoke shop operator) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-152.6.2. - Smoke shop operator.

A smoke shop operator means all persons who own and/or operate a smoke shop. An owner is any person who owns 5 percent or more of the smoke shop.

Section 10. Section 41-152.6.3. (Smoking) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-152.6.3. - Smoking.

City Council
21 –
14 3/3/2026

Ordinance No. NS-####

Smoking shall have the same meaning as Section 22950.5(c) of the Business and Professions Code, including any amendments or successor statutes thereto.

Section 11. Section 41-152.6.4. (Smoking paraphernalia) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-152.6.4. - Smoking paraphernalia.

Smoking paraphernalia means any device, substance, or accessory intended for the smoking of tobacco, cannabis, vaping, or electronic cigarette, or illicit drug use.

Section 12. Section 41-159.7. (Tobacco product) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-159.7. - Tobacco product.

Tobacco product shall have the same meaning as provided in 22950.5(d) of the Business and Professions Code, including any amendments or successor statutes thereto.

Section 13. Section 41-159.8. (Tobacco retailer) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-159.8. - Tobacco retailer.

Tobacco retailer shall have the same meaning as that in Section 18-90(f) of this Code.

Section 14. Section 41-683.8. (Discontinuance of nonconforming smoke shops) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-683.8. - Discontinuance of nonconforming smoke shops.

(a) All smoke shops that have a valid certificate of occupancy and tobacco retailer license pursuant to Article III of Chapter 18 of this Code prior to the effective date of this section, shall be deemed a nonconforming smoke shop.

(b) If a nonconforming smoke shop, as smoke shop is defined in Section 41-152.6.1, is discontinued for a period of six (6) consecutive months, any subsequent use must conform in every respect to the provisions of this Chapter.

Section 15. Article XXIV (Smoke Shops) of Chapter 41 of the SAMC is hereby added to read as follows:

ARTICLE XXIV. SMOKE SHOPS

Sec. 41-2408. - Specific purposes.

City Council
21 –
15 3/3/2026

Ordinance No. NS-####

(a) In addition to the general purposes listed in section 41-1, the specific purposes of this article are to:

(1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this Code.

(2) Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that smoke shops may have upon the residents of the city and preserve the integrity of existing commercial and residential areas of the city, which are in close proximity to such commercial areas.

Sec. 41-2409. - Permitted zones and locations.

(a) Smoke shops may be located on parcels in the C1, C1-MD, C2, C4, C5, or C-SM zoning districts subject to the issuance of a conditional use permit.

(1) No smoke shop shall be located within one thousand (1,000) feet of another smoke shop, as measured from the primary entrance of the smoke shop to the primary entrance of the nearest smoke shop.

(2) No smoke shop shall be located on a parcel located within one thousand (1,000) feet, as measured from the primary entrance of the smoke shop to the outermost boundary of the nearest parcel line whereon any of the following is located:

i. A public park, playground , recreational area including a trail that is immediately adjacent to a public park, or youth facility, including, but not limited to, a boys and girls club , nursery school, preschool, or day care facility;

ii. A school (K-12) as defined by Section 11362.768 of the Health and Safety Code; or

iii. An alcohol or other drug abuse recovery or treatment facility.

(3) No smoke shop shall be located on a parcel located within five hundred (500) feet of a property zoned or used for residential purposes, as measured from the primary entrance of the smoke shop to the outermost boundary of the nearest parcel line of the property zoned or used for residential purposes.

(4) No smoke shop shall be permitted within a building or tenant space where any storefront, signage, or pedestrian entrance is oriented toward or visible from the public right-of-way of an arterial street, as defined and designated in the Mobility Element of the City's General Plan.

City Council
21 –
16 3/3/2026

Ordinance No. NS-####

Sec. 41-2410. - Permits and certificates.

(a) No tobacco retailer, as defined in Section 18 -90 of this Code, where the sale of tobacco is incidental to its primary use (such as a grocery store or convenience store) shall be operated or established in the city without first obtaining the following:

(1) An approved certificate of occupancy.

(2) A city issued business license.

(3) An approved Tobacco Retailer License issued by the Chief of the Santa Ana Police Department, as set forth in Section 18-91 of this Code.

(b) No smoke shop may be operated or established in the city without first obtaining the following:

(1) An approved conditional use permit.

(2) An approved certificate of occupancy.

(3) A city issued business license.

(4) An approved Tobacco Retailer License issued by the Chief of the Santa Ana Police Department, as set forth in Section 18-91 of this Code.

Sec. 41-2411. - Development and operating standards.

The following development and operating standards shall be applied to the operation of any smoke shop:

(a) Display. A maximum of twenty-five (25) percent of the floor area of the premises may display smoking paraphernalia for sale or viewing.

(b) Age Restriction. No person under the age of 21 years shall enter, be in, or remain in or on the premises of any smoke shop at any time. It shall be the affirmative duty of the business operator to verify the age of every person entering the establishment.

(c) Lighting. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the smoke shop , shall be illuminated in accordance with the lighting req uirements of the underlying zoning district, and applicable Conditions of Approval.

City Council
21 –
17 3/3/2026

Ordinance No. NS-####

(d) Litter and Graffiti.

(1) Trash and recycling receptacles shall be provided near public entrances to and exits from the building.

(2) The smoke shop operator shall provide for daily removal of trash, litter, and debris from the premises and on all sidewalks that abut the premises, including the smoke shop's parking areas.

(3) The owner of a property where a smoke shop is located shall remove graffiti in accordance with the requirements of Sec. 10-228 of this Code.

(e) Vending Machines. Interior and exterior vending machines are prohibited.

(f) Video Surveillance.

(1) Smoke shop s must equip a fully functional color digital video camera surveillance system.

(2) The video camera surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the Santa Ana Police Department or their designee on request.

(3) The video camera surveillance system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

(4) The video camera surveil lance system shall maintain the correct date and time stamped onto the image at all times.

(5) The video camera surveillance system’s camera storage capacity should be for at least 90 calendar days. Such cameras must be capable of producing a retrievable and identifiable image that can be made a permanent record and that can be enlarged through projection or other means.

(6) The video camera surveillance system shall be capable of producing a digital playback as a system feature. The Santa Ana Police Department may request immediate viewing of surveillance footage and may request digital media in relation to a criminal investigation; in such case, the digital media shall be provided to an authorized representative of the Santa Ana Police Department, upon request, within 24 hours of the request.

City Council
21 –
18 3/3/2026

Ordinance No. NS-####

(7) There shall be a minimum of three surveillance cameras placed so as to record activities in the primary customer areas of the business; such cameras must, at minimum, provide surveillance for all entry and exit areas, customer parking, and the cash register. These cameras should be located on the interior and, in some instances, the exterior of the building if necessary to provide adequate surveillance of an exterior area. Cameras shall be of sufficient quality to be able to identify persons and/or vehicles utilizing the business parking lot.

(8) The inter ior of the business must have at least one surveillance camera placed to focus on each cash register transaction with the view to include the clerk as well as the customer waiting area.

(9) All interior surveillance cameras shall record in color.

(10) All exterior surveillance cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior surveillance cameras shall be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

(11) An inoperable video camera surveillance system may be cause for revocation of the Conditional Use Permit.

(12) In the event of a security breach, vandalism, theft, or other offense, the smoke shop operator must ensure preservation of the relevant security footage beyond the required 90 days in coordination with the Santa Ana Police Department.

(13) A sign shall be posted inside and at the entrance to the smoke shop indicating that the premises are under video surveillance.

(g) Signage, Glazing, Obstructions.

(1) The provisions specified under Article XI (On -Premises Signs), and this subsection shall apply. Where conflict may occur between the provisions of Article XI (On -Premises Signs) and this subsection, the more restrictive provisions shall govern.

(2) In addition to the requirements found in the California Cigarette and Tobacco Products Licensing Act of 2003 and all updated and related state and federal laws, including any amendments and successor statutes thereto, including any state or Federal regulations, the following copy is required to be prominently posted in a readily visible manner on an interior wall or fixture and not on windows:

City Council
21 –
19 3/3/2026

Ordinance No. NS-####

a. "California State Law Prohibits the Sale of Tobacco Products to Per sons Under 21 Years of Age."

b. "No Persons Under the Age of 21 May Enter These Premises."

c. "No Loitering is Allowed On or In Front of These Premises."

d. "No Smoking or Vaping Allowed on These Premises."

(3) At least 50 percent of any street-facing facade must be glazed with a clear, non-tinted material and may not be obstructed through interior placement of any temporary sign taped or otherwise affixed to a window or shelves, racks, furniture, or other storage or display of products.

(4) Any signage required by law shall not exceed twenty-five (25) percent of the area of each window.

(5) Doors must be free from signs regardless of door type or material.

(6) Advertising and signage on windows shall be placed and maintained in a manner that ensu res that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.

(7) Any smoke sho p located within 1,000 feet of a sensitive use, as listed in Subsection 41-2409(a) shall not advertise tobacco or vapor sales in a manner visible from th e outside of the smoke shop , such as from a public thoroughfare, sidewalk, or parking lot.

(h) Loitering and Other Nuisance Activities.

(1) The operation of a smoke shop shall not result in repeated nuisance activities on the property, which may include, but are not limited to, disturbances of the peace, illegal drug activity, public intoxication, drinking in pu blic, smoke and vapor product sales to minors, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of local, state, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area. Any violation of this section shall be considered an egregious violation of this ordinance and a public nuisance that is imminently dangerous to life, health, safety or adjacent property such that it requires immediate correction or elimina tion. Such a violation shall

City Council
21 –
20 3/3/2026

Ordinance No. NS-####

subject the smoke shop operator to immediate suspension pursuant to Section 41-650.5 or to revocation of the smoke shop's Conditional Use Permit pursuant to Section 41-651 of this Code.

(2) The smoke shop operator shall post the property with the appropriate signs advising that consumption of alcoholic beverages, gambling, trespassing, or loitering on private property is a violation of the SAMC . The smoke shop operator shall ensure that a form is submitted to the Santa Ana Police Department, notarized, signed, and dated by the property owner(s) every 12 months, that authorizes Santa Ana Police Department peace officers to enter the smoke shop premises and remove trespassers when the business is closed to the public, in accordance with Section 602(o) of the California Penal Code, including any amendments or successor statutes thereto.

(i) Training.

(1) Initial Training. The smoke shop operator and al l employees of the smoke shop who are involved in the sale of smoke and vapor products must complete approved course(s) in training of smoke and vapor product sales and handling within 60 days after approval of the Conditional Use Permit, or for employees hired after the approval of the Conditional Use Permit, within 60 days from the date of hire. Existing smoke shop operators and employees shall have 60 days from the effective date of this ordinance to come into compliance with the training requirement, and thereafter new operators and employees shall obtain the necessary training within 60 days of the date of hire or from the date of ownership. To satisf y this requirement, a program must meet the standards of the California Department of Public Health , or other certifying or licensing body designated by the State of California, in the Stop Tobacco Access to Kids Enforcement (STAKE) Act. If the s moke shop operator is a legal entity, the manager or executive responsible for the smoke shop shall obtain the requisite training, as well as all employees.

(2) Annual Training. The s moke shop operator and all employees shall also be required to complete annual traini ngs, which comply with state standards, including changes to tobacco sales laws and regulations. Smoke shops shall be required to keep up -to-date records, such as certificates of completion, which prove that all individuals listed above have completed the requisite annual trainings and shall furnish these records to the City during inspections and upon a reasonable request from the City.

(j) Compliance with Laws. The smoke shop must remain in compliance with all local, state, and federal laws, regulations, and orders, as well as all Conditions of Approval imposed on the use.

City Council
21 –
21 3/3/2026

Ordinance No. NS-####

(k) Posting of Conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the s moke shop or posted in an employee area and provided upon request (e.g., via flyer or brochure) to patrons and enforcement officials.

(l) Prohibited Produc ts. The sale or distribution of one or more of the following is prohibited.

(1) Cannabis or Cannabinoid products. Sale of this product shall immediately subject the smoke shop to Conditional Use Permit revocation proceedings pursuant to Section 41-651 of this Code.

(2) Drug paraphernalia not directly related to legal smoke and vapor products.

(3) Nitrous oxide.

(4) Any kratom product.

(5) Flavored tobacco. Sale of this product shall immediately subject the smoke shop to Conditional Use Permit revocation proceedings pur suant to Section 41-651 of this Code. Should flavored tobacco products be found during an inspection of the smoke shop, the Santa Ana Police Department may seize and destroy said products.

(6) Other products prohibited by law.

(7) Alcoholic beverages, unless otherwise permitted by a valid City issued permit that is in existence prior to the date of the adoption of this ordinance.

(m) Hours of Operation. All smoke shops may only conduct business transactions between the hours of 7:00 a.m. and 11:00 p.m. daily.

(n) Additional Requirements.

(1) Smoke shop operators and/or applicants shall submit a security plan consistent with Santa Ana Police Department policy on the sale of age - restricted materials. Prior to the approval of a Conditional Use Permit, the applicant shall prepare and submit for review by the Chief of the Santa Ana Police Department, or designee, a security plan for approval. Approval of the security plan by the Chief or their designee shall not be unreasonably denied. The contents of the security plan shall be incorporated as Conditions of Approval to the Conditional Use Permit. As a part of the annual inspection process conducted pursuant to Sec. 41-2411(n)(5), the security plan shall be resubmitted for approval by the Chief or designee.

City Council
21 –
22 3/3/2026

Ordinance No. NS-####

(2) The Director or designee may require the smoke shop operator and/or applicant to submit additional information, of such type and in such form as the Director may specify, as the Director may deem relevant to the application, including, but not limited to, an operational statement, floor plans, architectural renderings, and technical studies, as appropriate.

(3) The Director or designee may refer an application to other City departments to determine whether the smoke shop's location will comply with building, health, zoning, and fire ordinances or other applicable ordinances or laws.

City departments may conduct an inspection of the premises to determine compliance with the ordinances and other laws they administer, and may subsequently prepare reports summarizing their inspections.

(4) Additional security measures such as reduced hours of operation, security guards, door monitors, and /or burglar alarm systems may be required if nuisance or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Santa Ana Police Department.

(5) Smoke shops shall be subject to routine unannounced inspections at least annually, to ensure compliance with this section and any additional conditions of the Conditional Use Permit. The smoke shop operator shall reimburse the City for the cost of such inspection(s) pursuant to the City's Miscellaneous Fee Schedule. If an annual inspection results in a finding that a smoke shop operator is not in compliance with this section or the specific conditions of the Conditional Use Permit, that finding may be used as a basis for amending or revoking the Conditional Use Permit, pursuant to Section 41-651 this Code.

a. If a smoke shop is determined to be out of compliance with its Conditions of Approval, the person or entity acting as the smoke shop operator shall be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of this Code, as set by City Council resolution. The fine structure shall consist of progressively higher fines for violations occurring within one year of a prior violation. In addition, upon a fourth violation being upheld within a three (3) year period of the first violation, the Conditional Use Permit for the business may be subject to revocation. Fines shall be levied in accordance with the Miscellaneous Fee Schedule.

Sec. 41-2412. - Existing Smoke Shops.

Smoke shops that are in existence upon the effective date of this article and that do not have a conditional use permit to operate shall have six (6) months from the effective date of this article to comply with the standards in Section 41-2411 of this Article.

City Council
21 –
23 3/3/2026

Ordinance No. NS-####

Sec. 41-2413. - Applicability to other regulations.

The provisions of this article are not intended to provide exclusive regulation of the regulated smoke shop uses. Such uses must comply with any and all applicable regulations imposed in other articles of Chapter 41 of this C ode, other city o rdinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail.

Section 16. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more section s, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 17. The City Council of the City of Santa Ana hereby adopts an ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code pertaining to smoke shop establishments . This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated March 3, 2026, and exhibits attached thereto; and the public testimony, all which are incorporated herein by reference.

Section 18. This ordinance shall become effective thirty (30) days after its adoption.

Section 19. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2026.

_________________________
Valerie Amezcua
Mayor

City Council
21 –
24 3/3/2026

Ordinance No. NS-####

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney

By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________

City Council
21 –
25 3/3/2026

Ordinance No. NS-####

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, _____________________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS -______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana

City Council
21 –
26 3/3/2026

Resolution No. 2026-XXX

RESOLUTION NO. 2026-XXXX

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

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF S ANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. Section 8 -5 of the SAMC authorizes the establishment of f ees and charges for permits, plan review, inspections, re -inspections, investigations, hearings or other purposes requiring fees by resolution of the City Council.

B. On June 3, 2025 , the City Council approved Resolution No. 2025-026 establishing the Uniform Miscellaneous Fees Schedule for Fiscal Year 2025-2026.

C. Fees contained in the Uniform Miscellaneous Fees are intended to recover the City’s costs associated with delivering the corresponding services and, i n accordance with State law, do not exceed the City’s estimated reasonable cost in delivering said service.

D. If adopted, Ordinance No. NS-XXXX will require smoke shop inspections a minimum of one time per year for all smoke shops operating in the City.

E. Review of these types of inspections were not contemplated by the Uniform Miscellaneous Fees Schedule for Fiscal Year 202 5-2026. Therefore, a new Planning and Building Agency fee for Code Enforcement Smoke Shop Inspection a nd a new Police Department fee for Police Department Smoke Shop Inspection need to be added to the Uniform Miscellaneous Fees Schedule.

F. Based on an analysis and evaluation of staff time, equipment , and materials, staff recommends that the fees set forth below be added to the Uniform Miscellaneous Fees Schedule for Fiscal Year 2025-2026.

Section 2. The City Council hereby establishes a Code Enforcement Smoke Shop Inspection fee and a Police Department Smoke Shop Inspection Fee , as noted below, as they represent the estimated reasonable cost of conducting said inspections:

Code Enforcement Smoke Shop Inspection $533.08
Police Department Smoke Shop Inspection $709.98

City Council
21 –
27 3/3/2026

Resolution No. 2026-XXX

Section 3. The City Council finds that the aforementioned fees are less than or equal to, but do not exceed, the actual direct and indirect costs and expenses incurred by the City of Santa Ana in providing said services.

Section 4. Without further action of the City Council, the above -referenced fees created by this Resolution shall be incorporated into the City’s Uniform Schedule of Miscellaneous Fees for Fiscal Year 2025-2026 and updated annually.

Section 5. This Resolution, upon adoption by the City Council, shall take effect upon the effective date of Ordinance No. NS -XXXX, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of ___________________, 2026.

Valerie Amezcua
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:

Melissa M. Crosthwaite
Assistant City Attorney

AYES: Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers _

City Council
21 –
28 3/3/2026

Resolution No. 2026-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-_____ to be the original R esolution adopted by the City Council of the City of Santa Ana on _____________________, 2026.

Date:

City Clerk
City of Santa Ana

City Council
21 –
29 3/3/2026

This space for filing stamp only

OR#:

O R A N G E C O U N T Y R E P O R T E R

~ SINCE 1921 ~

600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION

(2015.5 C.C.P.)

State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 4013344

ABIGAIL ALCALA

CITY OF SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701

HRG - NOTICE OF HEARING
PH Notice - Smokeshop
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
02/20/2026
02/20/2026
ORANGE
!A000007326333!
Email

NOTICE OF PUBLIC HEARING

BEFORE THE CITY COUNCIL OF THE

CITY OF SANTA ANA, CA
The City of Santa Ana encourages the
public to participate in the decision -
making process. The following notice
is being provided so that you can ask
questions, make comments, a nd stay
informed about projects that might be
important to you. We encourage you to
contact us prior to the Public Hearing if
you have any questions.

NOTICE IS HEREBY GIVEN - The City
Council of the City of Santa Ana will hold
a public hearing to receive public
testimony and will take action on the items
described below.

Project Location : Citywide
Project Applicant: City of Santa Ana
Proposed Project: The City of Santa Ana
is requesting the adoption of Zoning
Ordinance Amendment (ZOA) No. 2026 -
01 to amend Chapter 41 (Zoning) of the
City of Santa Ana Municipal Code
(SAMC) to establish land use and zoning
regulations for smoke shop
establishments in order to protect public
health and safety. The proposed
amendments would incorporate
definitions, permit requir ements, and
locational, development, and operating
standards applicable to smoke shop
establishments. In addition, the City of
Santa Ana is requesting adoption of a
resolution amending the Fiscal Year
2025 -2026 Miscellaneous Fees Schedule
to establish two new fees for smoke shop
inspections.

Environmental Impact:

Pursuant to the
California Environmental Quality Act
(“CEQA”) and the CEQA Guidelines,
the adoption of this Ordinance
(“Project”) is exempt from CEQA
review pursuant to Section 15060(c)(2)
because the activity will not result in a
direct or reasonably foreseeable
indirect physical change in the
environment; Section 15060(c)(3),
because the activity is not a “project”
as defined in Section 15378; and
Section 15061(b)(3), because it can be
seen with c ertainty that there is no
possibility that the adoption of this
ordinance, which establishes land use
and zoning regulations for smoke
shops to protect public health and
safety, may have a significant effect on
the environment. These amendments
are adminis trative and regulatory in
nature, do not authorize specific
development projects, and are
intended to prevent the over -
concentration and proliferation of
smoke shops near sensitive uses.

Based on this analysis, a Notice of
Exemption, Environmental Review N o.
2026 -08, will be filed for this Project.

Action Taken by the Planning
Commission on February 9, 2026:

Recommended City Council adopt
ordinance approving Zoning Ordinance
Amendment No. 2026 -01. VOTE: 6:0:1
(Ayes: Commissioners Benninger,
Escamilla, Leo, Pham, Ramos, and Woo;

Absent: Commissioner Oliva). The
resolution to amend the Fiscal Year 2025 -
2026 Miscellaneous Fees Schedule is not
subject to recommendation by the
Planning Commission.

Meeting Details: This public hearing will
be held on Tuesday, Mar ch 3, 2026, at
5:30 p.m ., or as soon thereafter as the
matter may be heard, in the City Council
Chamber, 22 Civic Center Plaza, Santa
Ana, CA 92701. Members of the public
may attend this meeting in -person or
join via Zoom. For the most up to date
informati on on how to participate virtually
in this meeting, please visit
https://www.santa -ana.org/agendas -and -
minutes/
Written Comments:

If you are unable to
participate in the meeting, you may send
written comments by e -mail to
eComment@santa -ana.org (reference the
Agenda Item # in the subject line) or mail
to Jennifer L. Hall, City Clerk, City of
Santa Ana, 20 Civic Center Plaza – M30,
Santa Ana, CA 92701. Deadline to submit
written comments is 4:00 p.m. on the day
of the meeting. Comments received after
the dea dline may not be distributed to the
City Council but will be made part of the
record.

Where To Get More Information : All
staff reports regarding any item on this
agenda are available for public inspection
in the City Clerk's Office during regular
business hours and posted on the City's
website the Tuesday before a Council
meeting at: https://www.santa -
ana.org/agendas -and -minutes/
Who To Contact For Questions: Should
you have any questions, please contact
Siri Champion with the Planning and
Building Agency a t SChampion@santa -
ana.org or (714) 667 -2751.

Note : If you challenge the decision on the
above matter in court, you may be limited
to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written
correspo ndence delivered to the City
Council of the City of Santa Ana at, or
prior to, the public hearing.

Si tiene preguntas en español, favor de
llamar a Gema Zapien (714) 667 -2732.

N
u c n liên l c b ng ti
ng Vi t, xin
in tho i cho Kristie Ha (714) 667 -
2206.

Jennifer L. Hall, CMC
City Clerk
2/20/26
OR -4013344#

City Council
21 –
30 3/3/2026

Public Works Agency
Planning and Building Agency
www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 3, 2026
TOPIC: General Plan Amendment No. 2025-01 and Amendment Application No. 2025- 02 - Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue)

AGENDA TITLE
Public Hearing – General Plan Amendment No. 2025-01 and Amendment Application No. 2025-02 for the Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue)
Legal notice published in the OC Reporter on February 20, 2026 and notices mailed on the same date.

RECOMMENDED ACTION

1. Certify the Final Initial Study and Mitigated Negative Declaration (ER No. 2025- 119 and SCH No. 2025121015) for the Project;

2. Adopt a Mitigation Monitoring and Reporting Program for the Project;

3. Adopt a resolution approving General Plan Amendment No. 2025-01; and RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2025-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT 1801 EAST CHESTNUT AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBER 402-212-01 FROM OPEN

SPACE (OS) TO GENERAL COMMERCIAL (GC)

4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2025-02.

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-02 TO CHANGE THE ZONING DESIGNATION FOR THE PROPERTY LOCATED AT 1801 EAST CHESTNUT AND RECOGNIZED AS ASSESSOR

City Council
22 –
1 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8
PARCEL NUMBER 402-212-01 FROM GENERAL AGRICULTURAL (A-1) TO GENERAL COMMERCIAL (C-2); read by title only and waive further reading.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Executive Summary
This is a City initiated General Plan Amendment (GPA) (GPA No. 2025-01) to change the General Plan land use designation for the property located at 1801 East Chestnut Avenue and recognized as Assessor Parcel Number (APN) 402-212-01 (“Project Site”), which has historically functioned as overflow parking lot for the Santa Ana Zoo, from Open Space (OS) to General Commercial (GC) and Amendment Application (AA) No. 2025-02 to change the Zoning designation for the Project Site from General Agricultural (A-1) to General Commercial (C-2) to bring the land use and zoning into consistency with the Project Site’s long-standing operational use and the Zoo Facilities Master Plan (“Project”).

In addition, in accordance with the California Environmental Quality Act (CEQA), the Project requires certification of a Final Initial Study and Mitigated Negative Declaration (IS/MND) (ER No. 2025-119 and SCH No. 2025121015) and adoption of a Mitigation Monitoring and Reporting Program (MMRP).

The Project would continue the existing overflow parking use while improving the Project Site with paving, striped parking stalls, internal circulation lanes, reconstructed access, and the installation of electric vehicle charging stations, providing approximately 250 parking spaces, including ADA-compliant and Electric Vehicle (EV) stalls. The proposed GC General Plan land use designation and C2 zoning allow parking facilities and visitor- serving uses and align the Project Site with surrounding urban development patterns and long-term infrastructure planning.

Planning Commission Recommendation
On February 9, 2026, the Planning Commission recommended that the City Council take the following actions: (1) certify the Final IS/MND (ER No. 2025-119 and SCH No. 2025121015), (2) adopt a MMRP for the Project, (3) adopt a resolution approving GPA No. 202501, and (4) adopt an ordinance approving AA No. 2025-02 by a vote of 6:0:1 (Ayes: Commissioners Benninger, Escamilla, Leo, Pham, Ramos, and Woo; Absent:

Commissioner Oliva).

Project Description
The Project proposes to change the Project Site’s General Plan land use designation from OS to GC and to rezone the property from A-1 to C-2. The Project Site is currently developed as an unpaved gravel lot that provides overflow parking and is located in an urbanized area bounded by Interstate 5, East Main Street, surrounding commercial uses, multifamily residential development, and the Santa Ana Zoo.

City Council
22 –
2 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8
The purpose of the Project is to formalize the Project Site’s long-standing operational function as overflow parking for the Santa Ana Zoo and to establish appropriate land use and zoning designations that allow the continued operation and improvement of the facility. Although the site has operated as overflow parking pursuant to the Zoo Facilities Master Plan (ZFMP), the existing land use designation and zoning for the Project Site are inconsistent and the proposed changes will bring the Project Site’s land use designation and zoning into consistency, allowing for greater flexibility for the long-term infrastructure planning of the Project Site.

The Project would continue the existing use of the Site as overflow parking while formalizing and improving the facility through paving, striped parking stalls, internal circulation lanes, reconstructed access, and installation of electric vehicle charging stations, providing approximately 250 parking spaces, including ADA-compliant and EV stalls. The proposed actions are corrective and policy-implementing in nature, intended to resolve existing regulatory limitations, implement the ZFMP and the City’s Strategic Master Plan, and support orderly land use planning and continued operation of a public- serving parking facility for the Santa Ana Zoo.

Table 1: Project and Location Information
Item Information
Project Address & Council Ward 1801 E. Chestnut Avenue – Ward 3 Nearest Intersection Zoo Lane and East Chestnut Avenue
Existing Open Space (OS)General Plan Designation Proposed General Commercial (GC) Existing General Agriculture (A1)Zoning Designation Proposed General Commercial (C2) North Santa Ana (I-5) Freeway and Commercial
East Commercial
South Multifamily Residential Surrounding Land Use
West Zoo
Property Size 3.48 acres
Existing Site Development Unpaved gravel lot that provides overflow parking for the Santa Ana Zoo
Use Permissions Section 41-377 and 41-387 of the SAMC
Code Sections Affected Sections 27-12 and 41-665 of the SAMC Project Background
The Project Site has historically functioned as an overflow parking facility for the Santa Ana Zoo and was formally established as such through adoption of the Zoo Facilities Master Plan (ZFMP) in 2018. The ZFMP recognized the existing overflow parking area as part of the Zoo’s long-term infrastructure framework and identified the Project Site as a planned location for future operational and infrastructure improvements associated with Zoo operations. The Project Site has not served as parkland or exhibit space and has long been used in support of visitor access and circulation for the Zoo.

As part of implementation of the ZFMP, and as recently as December 2, 2025, the City Council approved a cooperative implementation agreement and construction contract for

City Council
22 –
3 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8
the Santa Ana Zoo Stormwater Capture and Diversion Project, which includes stormwater infrastructure improvements within the existing Zoo parking areas. In addition, the Well 31 PFAS Treatment Project is currently under construction at the Zoo site and includes installation of a dedicated PFAS water treatment facility, associated mechanical and electrical systems, and site piping to support long-term groundwater treatment operations in coordination with the Orange County Water District’s regional PFAS program.

Construction activities for the PFAS project include new asphalt paving and pavement restoration along designated access routes, portions of the Zoo parking lot, and internal site roadways.

Collectively, these prior planning efforts and infrastructure investments reflect the City’s long-standing use of the Project Site as part of the Zoo’s operational and parking system and demonstrate that the property is an actively planned and improved facility within the Zoo’s broader infrastructure network. The Project Site is located in an urbanized area bounded by Interstate 5 to the north, East Main Street to the south, the city boundary with the City of Tustin to the east, and the Santa Ana Zoo to the west, and has historically functioned as a support facility serving Zoo operations and visitor access.

Analysis
General Plan Amendment (GPA) No. 2025-01
In accordance with Section 27-12 of the Santa Ana Municipal Code (SAMC), staff recommends that the City Council adopt a resolution approving GPA No. 2025-01 (Exhibit 1) to change the land use designation of the Project Site from OS to GC. The GC designation allows commercial and visitor-serving uses along arterial corridors and would align the land use designation with the Project Site’s existing and continued use as overflow parking for the Santa Ana Zoo.
[Intentionally Left Blank]

City Council
22 –
4 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8
Amendment Application No. 2025-02
In accordance with Section 41-665 of the SAMC, staff recommends that the City Council adopt an ordinance approving AA No. 2025-02 (Exhibit 2) to rezone the project site from A-1 to C-2. The C2 zoning designation allows commercial and visitor-serving uses and would align the zoning designation with the site’s existing and continued use as overflow parking for the Santa Ana Zoo. Moreover, as part of the comprehensive Zoning Code Update, staff will be recommending rescinding of the A-1 zoning district citywide. Site photos are attached to this staff report as Exhibit 3.
[Intentionally Left Blank]
Existing General Plan Land Use Designation Proposed General Plan Land Use Designation

City Council
22 –
5 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8
Existing Zoning District Designation Proposed Zoning District Designation Citywide Open Space Calculation
The Project Site is currently designated as Open Space by the Land Use Element of the General Plan. However, the total amount of park space in the city does not correlate on a one-to-one ratio with the amount of land designated as Open Space in the Land Use Element. The City calculates park space based on land actively used and maintained as parkland or recreational space. Because the Project Site currently functions and will continue to function as an ancillary parking facility for the entirety of the Santa Ana Zoo, a facility categorized as a Specialty Park in the Open Space Element, the amount of parkland in the city will not change with the proposed changes of land use and zoning map designations. Additionally, implementation of the ZFMP ensures the Project Site continues to serve a public purpose by supporting zoo operations and preserves the property from private commercial development.

Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State requirements. A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was published in the Orange County Register and mailed to property owners and occupants within a 2,000-foot notification radius, including properties located within 300 feet of the Project Site in the City of Tustin. The NOI invited public commenting from Tuesday, December 19, 2025, and concluded on Tuesday, January 13, 2026. Additionally, Tribal

City Council
22 –
6 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8
consultation was conducted pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18 with Tribes identified by the Native American Heritage Commission. The NOI was also filed with the California State Clearinghouse and the Orange County Clerk-Recorder’s Office. The NOI identified the availability of the Draft IS/MND and provided details on where electronic copies could be accessed on the City’s website, as well as the locations where hard copies were available for public review, including the Public Works Agency counter and the Southwest Senior Center.

A copy of the public notice is provided attached to this staff report as Exhibit 4. Vicinity zoning and aerial view, including the 2,000-foot notification radius map, are provided in Exhibit 5. At the time this report was printed, no issues of concern had been raised by the public regarding the requested actions.

ENVIRONMENTAL IMPACT
Pursuant to Section 21081.6 of CEQA and Section 15097 of CEQA Guidelines, a MMRP is required when a MND is certified in conjunction with project approval. The purpose of the MMRP is to ensure that all adopted mitigation measures are implemented during project construction and operation and that potential environmental impacts are reduced to less-than-significant levels.

An IS/MND was prepared for the Project in accordance with CEQA (Exhibit 6). The IS/MND concluded that implementation of the proposed Project, and parking lot improvements, could result in potentially significant environmental impacts; however, with implementation of identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level. The City of Santa Ana is the Lead Agency for the Project pursuant to Section 15367 of the CEQA Guidelines.

The MMRP prepared for the project, attached hereto as Exhibit 7, documents the mitigation measures adopted for the Project, identifies the responsible parties, and specifies the timing and method of implementation to ensure compliance during project implementation. The MMRP does not address environmental topic areas that were determined in the IS/MND to result in less-than-significant impacts for which no mitigation was required. Based on the analysis contained in the IS/MND, adoption of the MMRP will ensure that all applicable mitigation measures are implemented and that the proposed Project will not result in significant environmental impacts. As such, a Notice of Determination, Environmental Review No. 2025-119, will be filed for this project.

FISCAL IMPACT
There is no fiscal impact associated with these actions.

EXHIBIT(S)

1. Resolution Approving GPA No. 2025-01

2. Ordinance Approving AA No. 2025-02

City Council
22 –
7 3/3/2026

Santa Ana Zoo Overflow Parking Lot Rezone (1801 East Chestnut Avenue) March 3, 2026

5 5
9 8

3. Site Photos

4. Copy of Public Notice

5. Vicinity Zoning and Aerial View

6. Link to IS/MND

7. Mitigation Monitoring and Reporting Program

8. Zoo Facilities Master Plan – Parking Lot
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of the Public Works Agency and Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager

City Council
22 –
8 3/3/2026

Resolution No. 2026-XXX

RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING GENERAL PLAN AMENDMENT
NO. 2025-01 TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FOR THE PROPERTY LOCATED AT 1801

EAST CHESTNUT AVENUE AND RECOGNIZED AS
ASSESSOR PARCEL NUMBER 402 -212-01 FROM OPEN

SPACE (OS) TO GENERAL COMMERCIAL (GC)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. The Planning and Building Agency (PBA) and Public Works Agency (PWA) have requested approval of a change in the General Plan land use designation of 1801 East Chestnut Avenue (APN 402-212-01) (“Property”) from Open Space (OS) to General Commercial (GC), updating text portions and exhibits of the City’s General Plan to reflect this change, as well as Amendment Application No. 2025- 02 rezoning the Property from General Agriculture (A-1) to General Commercial (C-2) in order to adequately update City records and capture the changes needed in relationship with Zoo Overflow Parking Improvements, as more fully described in the City’s Staff Report dated March 3, 2026, at said Property (“Project”).

B. Historically, the proposed Project’s site has functioned as an overflow parking facility for the Santa Ana Zoo.

C. In 2018, the adoption of the Zoo Facilities Master Plan (ZFMP) formally established the existing overflow parking area as a planned site for infrastructure improvements.

D. On February 9, 202 6, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2025-01.

E. On March 3, 2026 the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2025-01, at which time all persons wishing to testify were heard, the Project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred.

Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates throughout the General Plan, as shown in Exhibit A, attached hereto and incorporated herein by reference.

City Council
22 –
9 3/3/2026

Resolution No. 2026-XXX

Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that:

A. The City of Santa Ana has officially adopted a General Plan.

B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons:

i. The proposed General Plan land use designation for the project site is General Commercial (GC), which is intended to accommodate commercial and visitor -serving uses along
arterial corridors and in areas with existing infrastructure and access, consistent with the Land Use Element of the Santa Ana General Plan.

ii. The General Commercial designation allows parking facilities and related improvements and is consistent with the site’s long-standing operational use as overflow parking for the Santa Ana Zoo, as identified in the Zoo Facilities Master Plan adopted in 2018.

iii. The proposed General Plan Amendment aligns the land use designation with existing conditions and the City’s approved planning framework, thereby facilitating improvements that enhance safety, circulation, and environmental performance without introducing new or incompatible land uses.

iv. The General Plan Amendment supports General Plan policies that encourage efficient use of land, infrastructure
coordination, and compatibility with surrounding urban uses, while maintaining consistency with adjacent commercial, transportation, and institutional uses.

Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment.

Section 5. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project.

The Initial Study concluded that implementation of the proposed zoning amendment and related Project approvals could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level.

City Council
22 –
10 3/3/2026

Resolution No. 2026-XXX

The City of Santa Ana is the Lead Agency for the project pursuant to CEQA Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in accordance with CEQA requirements, and the City Council has independently reviewed and considered the environmental documentation prior to taking action on this resolution.

Based on the whole of the administrative record, including the IS/MND and MMRP, the City Council finds that the proposed Project will not have a significant effect on the environment with implementation of the adopted mitigation measures, and hereby certifies the IS/MND and adopts Project MMRP, attached hereto for reference as Exhibit B, in conjunction with approval of this resolution.

Section 6. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves GPA No. 2025-01. The amendments to the General Plan are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 9, 2026, the Request for Council Action dated March 3, 2026, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

[Signatures on the following page]

City Council
22 –
11 3/3/2026

Resolution No. 2026-XXX

ADOPTED this 3rd day of March, 2026.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

City Council
22 –
12 3/3/2026

R
esolution No. 2026-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________________, 2026.

Date: ___________________________

Jennifer L. Hall
City Clerk
City of Santa Ana

City Council
22 –
13 3/3/2026

E
xhibit A

City Council
22 –
14 3/3/2026

FIGURE LU-1
Khdd,
DW ͘&ŝŐƵƌĞ>hͲϭƐŚŽǁƐƚŚĞĨƵŶĚĂŵĞŶƚĂůƉĂƩĞƌŶŽĨůĂŶĚƵƐĞďLJĚŝƐƉůĂLJŝŶŐƚŚĞƉĂƩĞƌŶĂŶĚĚŝƐƚƌŝďƵƟŽŶŽĨůĂŶĚƵƐĞĚĞƐŝŐŶĂƟŽŶƐ ĂĐƌŽƐƐƚŚĞĞŶƟƌĞĐŝƚLJ͕ĚŽǁŶƚŽƚŚĞƉĂƌĐĞůůĞǀĞů͘


_À
_À
_À
25$1*(25$1*(
7867, 17867, 1
$5'(1 *529($5'(1 *529(
&267$ 0(6$&267$ 0(6$
)2817$,1 9$//(<)2817$,1 9$//(<
,59,1(,59,1(





dĂůďĞƌƚ ǀĞ
dƵƐƟŶ ^ƚ
ϭ^ƚ ^ƚ
DĂŝŶ ^ƚ
ϭϳdŚ ^ƚ
tĂƌŶĞƌ ǀĞ
LJĞƌ ZĚ
,ĂƌďŽƌ ůǀĚ
ƌŝƐƚŽů ^ƚ
ZĞĚ ,ŝůů ǀĞ
ŝǀŝĐ ĞŶƚĞƌ ƌ
>Ă sĞƚĂ ǀĞ

ƵĐůŝĚ ^ƚ
ϰdŚ ^ƚ
ŚĞƐƚŶƵƚ ǀĞ

ĚŝŶŐĞƌ ǀĞ
&ůŽǁĞƌ ^ƚ
,ĂnjĂƌĚ ǀĞ
'ƌ
ĂŶĚ
ǀĞ
' Ă ƌ Ě Ğ Ŷ ' ƌ Ž ǀ Ğ  ů ǀ Ě
DĐ&ĂĚĚĞŶ ǀĞ
ZĂŝƩ
^ƚ
ĞĂƌ ^ƚ
tĞƐƚŵŝŶƐƚĞƌ ǀĞ
ůƚŽŶ ǀĞ
^ƚĂŶĚĂƌĚ ǀĞ
ϱdŚ ^ƚ
^ĞŐĞƌƐƚƌŽŵ ǀĞ
DĂĐƌƚŚƵƌ ůǀĚ
EĞǁŚŽƉĞ ^ƚ
&ĂŝƌǀŝĞǁ ^ƚ
^ĂŶƚĂ ŶĂ ů
ǀĚ
&ĂŝƌŚĂǀĞŶ ǀĞ
^ĂŶƚĂ ůĂƌĂ ǀĞdƌĂƐŬ ǀĞ
ůƚŽŶ WŬǁLJ
^ůĂƚĞƌ ǀĞ
ƌŽĂĚǁĂLJ
dƵƐƟŶ ǀĞ
ĂƌƌĂŶĐĂ WŬǁLJ
 
0LOHV
General Plan Land Use
Data Source: City of Santa Ana 2021, SAGIS
*Revised by GPA 2025-01 (Pending)
Date Published: 11/21/2023

LAND USE PLAN
/dzK&^EdE'
E
Z>W>E
LU
12 City Council
22 –
15 3/3/2026

*Revised by GPA 2023-01 (Pending)
Figure Lu-4
ABOUT THE MAP . Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply.
%&'(
%&'(
|ÿ
|ÿ
|ÿ

ORANGEORANGE

TUSTINTUSTIN

GARDEN GROVEGARDEN GROVE

COSTA MESACOSTA MESA

FOUNTAIN VALLEYFOUNTAIN VALLEY

IRVINEIRVINE
DC-1.5
UN-30
UN-30
UN-30
UN-30
UN-30
UN-20
UN-20
UN-20
UN-20
GC-1
PAO-1
PAO-1
PAO-1
UN-40
UN-40
UN-40DC-3
DC-3
DC-3
DC-2.54
DC-2.1
DC-5
DC-5
DC-5
DC-5
DC-5
DC-1 DC-1
DC-1
FLEX-1.5
GC-1.5
UN-50 UN-50
UN-50
DC-2
DC-2
DC-2
DC-2UN-30
FLEX-1.5
FLEX-3
FLEX-3
FLEX-3
UN-30
UN-30
DC-5
UN-50UN-50
UN-40
UN-30
UN-30
UN-30
UN-40
UN-20
UN-20
UN-20 UN-20
GC-1
GC-1
PAO-1
PAO-1
PAO-1.5
PAO-1.5
PAO-1.5
DC-1
DC-1
FLEX-1.5
PAO-2
GC-1
UN-50
UN-50
FLEX-

1.5 DC-1.5
DC-1.5
OBPDC
UN-40
22 22
55 405
5 Talbert Ave
Tustin St
1St St
Main St
17Th St
Warner Ave
Dyer Rd
Harbor Blvd
Bristol St
Red Hill Ave
Civic Center Dr
La Veta Ave
Euclid St
Grand Ave
4Th St
Chestnut Ave
Edinger Ave
Flower St
Hazard Ave
Garden Grove Blvd
Tustin Ave
McFadden Ave
Santa Ana Blvd
Raitt
St
Bear St
Westminster Ave
Alton Ave
Standard Ave
5Th St
Segerstrom Ave
MacArthur Blvd
Newhope St
Fairview St
Fairhaven Ave
Santa Clara AveTrask Ave
Alton Pkwy
Slater Ave
Broadway
Barranca Pkwy
0 10.5
Miles
Date Published: 4/27/2022
Proposed General Plan Density and Intensity Categories
General Plan Land Use
LR-7, Low Density Residential
LMR-11, Low-Medium Density Residential
MR-15, Medium Density Residential
CR-30, Corridor Residential
PAO, Professional and Administrative Office
INS, Institutional
GC, General Commercial
OS, Open Space UN, Urban Neighborhood
DC, District Center
OBPDC, One Broadway Plaza District Center
FLEX, Industrial/Flex
IND, Industrial
Data Source: City of Santa Ana 2021,
*Revised by GPA 2023-01 (Pending),
SAGIS
Data Source: City of Santa Ana 2021,SAGIS,
*Revised by GPA 2025-01(Pending)

Original Date Published: 4/27/2022
General Plan Land Use
DeNSiTY AND iNTeNSiTY MAP

CITY OF SANTA ANA GENERAL PLAN
LU
16 City Council
22 –
16 3/3/2026

E
xhibit B

City Council
22 –
17 3/3/2026

Santa Ana Rezone Project
Mitigation Monitoring and Reporting Program
City of Santa Ana, Orange County, California
PREPARED FOR:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
714.647.2700
Contact: Rudy Rosas, Deputy Public Works Director/City Engineer PREPARED BY:

FirstCarbon Solutions
250 Commerce, Suite 210
Irvine, CA 92602
714.508.4100
Contact: Jason Brandman, Project Director
Angela Wolfe, Senior Project Manager
August 14, 2025

•• • FCS
An ADEC Innovation

City Council
22 –
18 3/3/2026

THIS PAGE INTENTIONALLY LEFT BLANK

City Council
22 –
19 3/3/2026

Santa Ana Rezone Project
Mitigation Monitoring and Reporting Program

FCS 1
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

The IS/MND prepared for the proposed Santa Ana Rezone Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the IS/MND.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.

City Council
22 –
20 3/3/2026

THIS PAGE INTENTIONALLY LEFT BLANK

City Council
22 –
21 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 3
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Table 1: Santa Ana Rezone Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial

2.4 Biological Resources
MM BIO-1a: Nesting Bird Pre-construction Surveys. If
ground-disturbing or vegetation-removing construction
activities or tree removal is proposed during the
breeding/nesting season for migratory birds (typically February 1 through September 15), a qualified Biologist shall conduct pre-construction surveys for special-status birds and other migratory birds within the construction area, including a 300- foot survey buffer, no more than 3 days prior to the start of ground-disturbing activities in the construction area
Project applicant or
contractor shall submit
the biologist’s resume or
curriculum vitae (CV)
demonstrating relevant
education, certifications,
and field experience to
the City; project applicant
shall also submit a copy
of executed contract with
the biologist, showing
scope of work and
timeline to City

Confirm pre-construction
surveys for nesting birds
were conducted
Prior to ground-
disturbing or
vegetation-removing
construction

Prior to ground-
disturbing or
vegetation-removing
construction
City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

MM BIO-1b Avoidance of Active Avian Nests
If an active nest is located during pre-construction surveys or at any point during the construction phase of the proposed project, the United States Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as appropriate) shall be notified regarding the status of the nest.

Furthermore, construction activities shall be restricted as Confirm the United
States Fish and Wildlife
Service and/or California
Department of Fish and
Wildlife have been
notified

During pre-
construction
surveys; during
construction
City of Santa Ana
Planning and
Building Agency

City Council
22 –
22 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 4
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
necessary to avoid disturbance of the nest until it is
abandoned, or a qualified Biologist deems disturbance
potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and a 50-foot radius around an active migratory bird nest) or alteration of the construction schedule
Verify that construction
activities have been
restricted or a qualified
biologist has deemed
potential disturbance to
be minimal

2.5 Cultural Resources and Tribal Cultural
MM CUL-1: Prior to the initiation of construction activities, all construction personnel conducting ground disturbance at the site shall be provided Worker Environmental Awareness
Program (WEAP) cultural resources “tailgate” training. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an
Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

In the event that buried archaeological resources are
discovered during construction, operations shall stop within a 100-foot radius of the find and an Archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the
measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds Submit evidence to City
that a WEAP training has
been conducted by an
Archaeologist who meets
the Secretary of the
Interior’s Professional
Qualification Standards
for archaeology

Document that
operations have stopped
in daily construction logs;
Project applicant or
contractor shall submit
the qualified
Archaeologist’s resume
or curriculum vitae (CV)
demonstrating relevant
Prior to the initiation
of construction
activities;

During construction;
Upon discovery of
resources;

City of Santa Ana
Planning and
Building Agency;

City of Santa Ana
Planning and
Building Agency;

City Council
22 –
23 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 5
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
and evaluation of the finds in accordance with Section15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for
significance in terms of CEQA criteria. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. The Lead Agency, along with other relevant or Tribal officials, shall be contacted upon the discovery of cultural resources to begin coordination on the disposition of the find(s). Treatment of any significant cultural resources shall be undertaken with the approval of the Lead Agency. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Upon coordination with the Lead Agency, any archaeological where they would be afforded applicable cultural resources laws and guidelines.
education, certifications,
and field experience to
the City; project applicant
shall also submit a copy
of executed contract with
the Archaeologist,
showing scope of work
and timeline to the City;

Verify that any previously
undiscovered resources
have been recorded on
appropriate DPR forms
and evaluated for
significance in terms of
CEQA criteria;

Inclusion of applicable
mitigation measures for
significant resources on
project plans;

Record that the Lead
Agency and other
relevant or Tribal officials
have been contacted to
coordinate on disposition
of the finds;

Upon discovery of
resources;

Upon discovery of
resources;

Upon discovery of
resources;

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City Council
22 –
24 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 6
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
Inclusion on project plans
that no further grading
shall occur until the Lead
Agency approves the
mitigation measures;
approval of mitigation
measures;

Verify that any artifacts
recovered are donated to
an appropriate Tribal
custodian or a qualified
scientific institution via
written documentation.

Upon discovery of
resources;

Upon discovery of
resources
City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency
MM CUL-2 Stop Construction Upon Encountering Human
Remains
In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health
and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during the course of project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance of the site where human remains are discovered and/or any
nearby area reasonably suspected to overlie adjacent
human remains until the county coroner is contacted to
determine whether the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the Confirm construction
activities have ceased,
and the County Coroner
has been contacted as
recorded in daily
construction logs;

Confirm construction
activities have ceased,
and the County Coroner
has been contacted as
recorded in daily
construction logs;

During construction

During construction

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City Council
22 –
25 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 7
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
coroner shall contact the Native American Heritage
Commission (NAHC) within 24 hours, and the NAHC shall
identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American.

The MLD may make recommendations to the City or the
person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave
goods as provided in Public Resource Code Section
5097.98.

2. Where the following conditions occur, the City or an authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the
recommendations of the MLD or on the project site in a
location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being
notified by the commission.
• The descendant identified fails to make a
recommendation.
• The City or an authorized representative rejects the
recommendation of the descendant, and mediation by the
NAHC fails to provide measures acceptable to the City.

If the remains are
determined to be of
Native American origin,
confirm the MLD and
NAHC have been
contacted via email;

Confirm contact with
MLD and compliance
with Public Resources
Section 5097.98 via
written or email
correspondence

During construction

During construction

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

2.7 Geology and Soils
SC 2.5‐1: In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for Confirm construction
operations and activities
are halted and redirected
to a qualified
During grading and
construction
operations;

City of Santa Ana
Planning and
Building Agency

City Council
22 –
26 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 8
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
significance and, if necessary, develop a paleontological resources impact mitigation plan for the review and approval by the City prior to resuming excavation activities.
paleontologist as
recorded in daily
construction log;

Review and approval of a
paleontological
resources impact
mitigation plan that is
incorporated into project
plans

Prior to resuming
excavation activities

City of Santa Ana
Planning and
Building Agency

City Council
22 –
27 3/3/2026

Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING AMENDMENT APPLICATION
NO. 2025 -02 TO CHANGE THE ZONING DESIGNATION
FOR THE PROPERTY LOCATED AT 1801 EAST

CHESTNUT AVENUE AND RECOGNIZED AS ASSESSOR
PARCEL NUMBER 402-212-01 FROM GENERAL
AGRICULTURAL (A-1) TO GENERAL COMMERCIAL (C-2)

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. The Planning and Building Agency (PBA) and Public Works Agency (PWA) have requested approval of a change in the General Plan land use designation of 1801 East Chestnut Avenue (APN 402-212-01) (“Property”) from Open Space (OS) to General Commercial (GC), updating text portions and exhibits of the City’s General Plan to reflect this change, as well as Amendment Application No. 202 5-02 rezoning the Property from General Agriculture (A-1) to General Commercial (C-2) in order to adequately update City records and capture the changes needed in relationship with Zoo Overflow Parking Improvements, as more fully described in the City’s Staff Report dated March 3, 2026, at said Property (“Project”).

B. Historically, the proposed Project’s site has functioned as an overflow parking facility for the Santa Ana Zoo.

C. In 2018, the adoption of the Zoo Facilities Master Plan (ZFMP) formally established the existing overflow parking area as a planned site for infrastructure improvements.

D. On February 9, 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt AA No. 2025-02.

E. On March 3, 2026, the City Council o f the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to AA No. 2025-02, at which time all persons wishing to testify were heard, the Project was fully considered, and all other legal prerequisites to the adoption of this amendment occurred.

F. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the goals and policies of the general plan.

City Council
22 –
28 3/3/2026

Ordinance No. NS-XXXX

G. For these reasons, and each of them, AA No. 2025-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare.

Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference.

Section 3. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project.

The Initial Study concluded that implementation of the proposed zoning amendment and related Project approvals could result in potentially significant environmental impacts; however, with incorporation of the identified mitigation measures and compliance with applicable conditions of approval, all impacts would be reduced to a less-than-significant level.

The City of Santa Ana is the Lead Agency for the project pursuant to CEQA Guidelines Section 15367. The IS/MND and MMRP were circulated for public review in accordance with CEQA requirements, and the City Council has independently reviewed and considered the environmental documentation prior to taking action on this ordinance.

Based on the whole of the administrative record, including the IS/MND and MMRP , the City Council finds that the proposed P roject will not have a significant effect on the environment with implementation of the adopted mitigation measures, and hereby certifies the IS/MND and adopts Project MMRP, attached hereto for reference as Exhibit B, in conjunction with approval of this ordinance.

City Council
22 –
29 3/3/2026

Ordinance No. NS-XXXX

Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein.

Section 5. AA No. 2025-02 shall not enter into full force and effect until the current change in the site’s Land Use Designation as requested by GPA No. 2025-01 is approved and in full force and effect.

Section 6. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves AA No. 2025- 02. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 9, 2026, the Request for Council Action dated March 3, 2026, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.

ADOPTED this _____ day of___________, 2026.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

City Council
22 –
30 3/3/2026

Ordinance No. NS-XXXX

CE

RTIFICATE OF ATTESTATION AND ORIGINALITY
I,
Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.

NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2026 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

D
ate:

J
ennifer L. Hall
City Clerk
City of Santa Ana

City Council
22 –
31 3/3/2026

Exhibit A

City Council
22 –
32 3/3/2026

City Council
22 –
33 3/3/2026

E
xhibit B

City Council
22 –
34 3/3/2026

Santa Ana Rezone Project
Mitigation Monitoring and Reporting Program
City of Santa Ana, Orange County, California
PREPARED FOR:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
714.647.2700
Contact: Rudy Rosas, Deputy Public Works Director/City Engineer PREPARED BY:

FirstCarbon Solutions
250 Commerce, Suite 210
Irvine, CA 92602
714.508.4100
Contact: Jason Brandman, Project Director
Angela Wolfe, Senior Project Manager
August 14, 2025

•• • FCS
An ADEC Innovation

City Council
22 –
35 3/3/2026

THIS PAGE INTENTIONALLY LEFT BLANK

City Council
22 –
36 3/3/2026

Santa Ana Rezone Project
Mitigation Monitoring and Reporting Program

FCS 1
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

The IS/MND prepared for the proposed Santa Ana Rezone Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the IS/MND.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.

City Council
22 –
37 3/3/2026

THIS PAGE INTENTIONALLY LEFT BLANK

City Council
22 –
38 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 3
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Table 1: Santa Ana Rezone Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial

2.4 Biological Resources
MM BIO-1a: Nesting Bird Pre-construction Surveys. If
ground-disturbing or vegetation-removing construction
activities or tree removal is proposed during the
breeding/nesting season for migratory birds (typically February 1 through September 15), a qualified Biologist shall conduct pre-construction surveys for special-status birds and other migratory birds within the construction area, including a 300- foot survey buffer, no more than 3 days prior to the start of ground-disturbing activities in the construction area
Project applicant or
contractor shall submit
the biologist’s resume or
curriculum vitae (CV)
demonstrating relevant
education, certifications,
and field experience to
the City; project applicant
shall also submit a copy
of executed contract with
the biologist, showing
scope of work and
timeline to City

Confirm pre-construction
surveys for nesting birds
were conducted
Prior to ground-
disturbing or
vegetation-removing
construction

Prior to ground-
disturbing or
vegetation-removing
construction
City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

MM BIO-1b Avoidance of Active Avian Nests
If an active nest is located during pre-construction surveys or at any point during the construction phase of the proposed project, the United States Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as appropriate) shall be notified regarding the status of the nest.

Furthermore, construction activities shall be restricted as Confirm the United
States Fish and Wildlife
Service and/or California
Department of Fish and
Wildlife have been
notified

During pre-
construction
surveys; during
construction
City of Santa Ana
Planning and
Building Agency

City Council
22 –
39 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 4
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
necessary to avoid disturbance of the nest until it is
abandoned, or a qualified Biologist deems disturbance
potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and a 50-foot radius around an active migratory bird nest) or alteration of the construction schedule
Verify that construction
activities have been
restricted or a qualified
biologist has deemed
potential disturbance to
be minimal

2.5 Cultural Resources and Tribal Cultural
MM CUL-1: Prior to the initiation of construction activities, all construction personnel conducting ground disturbance at the site shall be provided Worker Environmental Awareness
Program (WEAP) cultural resources “tailgate” training. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an
Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

In the event that buried archaeological resources are
discovered during construction, operations shall stop within a 100-foot radius of the find and an Archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the
measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds Submit evidence to City
that a WEAP training has
been conducted by an
Archaeologist who meets
the Secretary of the
Interior’s Professional
Qualification Standards
for archaeology

Document that
operations have stopped
in daily construction logs;
Project applicant or
contractor shall submit
the qualified
Archaeologist’s resume
or curriculum vitae (CV)
demonstrating relevant
Prior to the initiation
of construction
activities;

During construction;
Upon discovery of
resources;

City of Santa Ana
Planning and
Building Agency;

City of Santa Ana
Planning and
Building Agency;

City Council
22 –
40 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 5
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
and evaluation of the finds in accordance with Section15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for
significance in terms of CEQA criteria. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. The Lead Agency, along with other relevant or Tribal officials, shall be contacted upon the discovery of cultural resources to begin coordination on the disposition of the find(s). Treatment of any significant cultural resources shall be undertaken with the approval of the Lead Agency. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Upon coordination with the Lead Agency, any archaeological where they would be afforded applicable cultural resources laws and guidelines.
education, certifications,
and field experience to
the City; project applicant
shall also submit a copy
of executed contract with
the Archaeologist,
showing scope of work
and timeline to the City;

Verify that any previously
undiscovered resources
have been recorded on
appropriate DPR forms
and evaluated for
significance in terms of
CEQA criteria;

Inclusion of applicable
mitigation measures for
significant resources on
project plans;

Record that the Lead
Agency and other
relevant or Tribal officials
have been contacted to
coordinate on disposition
of the finds;

Upon discovery of
resources;

Upon discovery of
resources;

Upon discovery of
resources;

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City Council
22 –
41 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 6
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
Inclusion on project plans
that no further grading
shall occur until the Lead
Agency approves the
mitigation measures;
approval of mitigation
measures;

Verify that any artifacts
recovered are donated to
an appropriate Tribal
custodian or a qualified
scientific institution via
written documentation.

Upon discovery of
resources;

Upon discovery of
resources
City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency
MM CUL-2 Stop Construction Upon Encountering Human
Remains
In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health
and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during the course of project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance of the site where human remains are discovered and/or any
nearby area reasonably suspected to overlie adjacent
human remains until the county coroner is contacted to
determine whether the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the Confirm construction
activities have ceased,
and the County Coroner
has been contacted as
recorded in daily
construction logs;

Confirm construction
activities have ceased,
and the County Coroner
has been contacted as
recorded in daily
construction logs;

During construction

During construction

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City Council
22 –
42 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 7
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
coroner shall contact the Native American Heritage
Commission (NAHC) within 24 hours, and the NAHC shall
identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American.

The MLD may make recommendations to the City or the
person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave
goods as provided in Public Resource Code Section
5097.98.

2. Where the following conditions occur, the City or an authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the
recommendations of the MLD or on the project site in a
location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being
notified by the commission.
• The descendant identified fails to make a
recommendation.
• The City or an authorized representative rejects the
recommendation of the descendant, and mediation by the
NAHC fails to provide measures acceptable to the City.

If the remains are
determined to be of
Native American origin,
confirm the MLD and
NAHC have been
contacted via email;

Confirm contact with
MLD and compliance
with Public Resources
Section 5097.98 via
written or email
correspondence

During construction

During construction

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

2.7 Geology and Soils
SC 2.5‐1: In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for Confirm construction
operations and activities
are halted and redirected
to a qualified
During grading and
construction
operations;

City of Santa Ana
Planning and
Building Agency

City Council
22 –
43 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 8
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
significance and, if necessary, develop a paleontological resources impact mitigation plan for the review and approval by the City prior to resuming excavation activities.
paleontologist as
recorded in daily
construction log;

Review and approval of a
paleontological
resources impact
mitigation plan that is
incorporated into project
plans

Prior to resuming
excavation activities

City of Santa Ana
Planning and
Building Agency

City Council
22 –
44 3/3/2026

Exhibit 3 – Site Photos

South East Corner looking West West End looking East

North End looking South East End looking West.

City Council
22 –
45 3/3/2026

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING

BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA

The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments , and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.

NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the items described below.

Project Location: 1801 East Chestnut Avenue (APN: 402-212-01) located within the General Agriculture (A1) zoning district.

Project Applicant: City of Santa Ana

Proposed Project: The City is requesting approval of General Plan Amendment (GPA) No. 2025 -01 to amend the existing General Plan land use designation from Open Space (OS) to General Commercial (GC) for the property addressed as 1801 East Chestnut Avenue. Additionally, the City is requesting approval of Amendment Application (AA) No. 2025-02 to rezone the property from General Agriculture (A1) to General Commercial (C2).

Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) , the project requires: (1) certification of a Final Initial Study and Mitigated Negative Declaration (ER No. 2025 -119 and SCH No. 2025121015); and adoption of a Mitigation Monitoring and Reporting Program.

Action Taken by the Planning Commission on February 9, 2026 : Recommended that the City Council take the following actions: (1) certify the Final Initial Study and Mitigated Negative Declaration (ER No. 2025-119 and SCH No. 2025121015), (2) adopt a Mitigation Monitoring and Reporting Program for the project, (3) adopt a resolution approving General Plan Amendment No. 2025-01, and (4) adopt an ordinance approving Amendment Application No. 2025 -02. VOTE: 6:0:1 (Ayes: Commissioners Benninger, Escamilla, Leo, Pham, Ramos, and Woo; Absent: Commissioner Oliva).

Meeting Details: This public hearing will be held on Tuesday, March 3, 2026, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa- ana.org/agendas-and-minutes/

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701.

Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.

Where To Get More Information: All staff reports regarding any item on this agenda are available for

City Council
22 –
46 3/3/2026

public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/

Who To Contact For Questions: Should you have any questions, please contact Cesar Barrera with the Public Works Agency at [email protected] or (714) 647-3387.

Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.

Si tiene preguntas en español, favor de llamar a Gema Zapien (714) 667-2732.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Kristie Ha (714) 667-2206.

City Council
22 –
47 3/3/2026

GPA No. 2025-01 & AA No. 2025-02
1801 E. Chestnut Avenue
Exhibit 5 - Vicinity Zoning & Aerial View Map
Zoning (2025)
750 feet

City Council
22 –
48 3/3/2026

EXHIBIT 6

Santa Ana Zoo Parking Lot Rezone Project environmental materials are available at the following online link at:

https://www.santa-ana.org/notice-of-intent-to-adopt-a-mitigated-negative-declaration-for-a- rezone-project-in-the-city-of-santa-ana/

City Council
22 –
49 3/3/2026

Santa Ana Rezone Project
Mitigation Monitoring and Reporting Program
City of Santa Ana, Orange County, California
PREPARED FOR:

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
714.647.2700
Contact: Rudy Rosas, Deputy Public Works Director/City Engineer PREPARED BY:

FirstCarbon Solutions
250 Commerce, Suite 210
Irvine, CA 92602
714.508.4100
Contact: Jason Brandman, Project Director
Angela Wolfe, Senior Project Manager
August 14, 2025

•• • FCS
An ADEC Innovation

City Council
22 –
50 3/3/2026

THIS PAGE INTENTIONALLY LEFT BLANK

City Council
22 –
51 3/3/2026

Santa Ana Rezone Project
Mitigation Monitoring and Reporting Program

FCS 1
Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

The IS/MND prepared for the proposed Santa Ana Rezone Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level. This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the IS/MND.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary.

City Council
22 –
52 3/3/2026

THIS PAGE INTENTIONALLY LEFT BLANK

City Council
22 –
53 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 3
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Table 1: Santa Ana Rezone Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial

2.4 Biological Resources
MM BIO-1a: Nesting Bird Pre-construction Surveys. If
ground-disturbing or vegetation-removing construction
activities or tree removal is proposed during the
breeding/nesting season for migratory birds (typically February 1 through September 15), a qualified Biologist shall conduct pre-construction surveys for special-status birds and other migratory birds within the construction area, including a 300- foot survey buffer, no more than 3 days prior to the start of ground-disturbing activities in the construction area
Project applicant or
contractor shall submit
the biologist’s resume or
curriculum vitae (CV)
demonstrating relevant
education, certifications,
and field experience to
the City; project applicant
shall also submit a copy
of executed contract with
the biologist, showing
scope of work and
timeline to City

Confirm pre-construction
surveys for nesting birds
were conducted
Prior to ground-
disturbing or
vegetation-removing
construction

Prior to ground-
disturbing or
vegetation-removing
construction
City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

MM BIO-1b Avoidance of Active Avian Nests
If an active nest is located during pre-construction surveys or at any point during the construction phase of the proposed project, the United States Fish and Wildlife Service (USFWS) and/or California Department of Fish and Wildlife (CDFW) (as appropriate) shall be notified regarding the status of the nest.

Furthermore, construction activities shall be restricted as Confirm the United
States Fish and Wildlife
Service and/or California
Department of Fish and
Wildlife have been
notified

During pre-
construction
surveys; during
construction
City of Santa Ana
Planning and
Building Agency

City Council
22 –
54 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 4
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
necessary to avoid disturbance of the nest until it is
abandoned, or a qualified Biologist deems disturbance
potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and a 50-foot radius around an active migratory bird nest) or alteration of the construction schedule
Verify that construction
activities have been
restricted or a qualified
biologist has deemed
potential disturbance to
be minimal

2.5 Cultural Resources and Tribal Cultural
MM CUL-1: Prior to the initiation of construction activities, all construction personnel conducting ground disturbance at the site shall be provided Worker Environmental Awareness
Program (WEAP) cultural resources “tailgate” training. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an
Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

In the event that buried archaeological resources are
discovered during construction, operations shall stop within a 100-foot radius of the find and an Archaeologist who meets the Secretary of Interior’s Professional Qualification Standards for archaeology shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the
measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds Submit evidence to City
that a WEAP training has
been conducted by an
Archaeologist who meets
the Secretary of the
Interior’s Professional
Qualification Standards
for archaeology

Document that
operations have stopped
in daily construction logs;
Project applicant or
contractor shall submit
the qualified
Archaeologist’s resume
or curriculum vitae (CV)
demonstrating relevant
Prior to the initiation
of construction
activities;

During construction;
Upon discovery of
resources;

City of Santa Ana
Planning and
Building Agency;

City of Santa Ana
Planning and
Building Agency;

City Council
22 –
55 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 5
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
and evaluation of the finds in accordance with Section15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for
significance in terms of CEQA criteria. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. The Lead Agency, along with other relevant or Tribal officials, shall be contacted upon the discovery of cultural resources to begin coordination on the disposition of the find(s). Treatment of any significant cultural resources shall be undertaken with the approval of the Lead Agency. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Upon coordination with the Lead Agency, any archaeological where they would be afforded applicable cultural resources laws and guidelines.
education, certifications,
and field experience to
the City; project applicant
shall also submit a copy
of executed contract with
the Archaeologist,
showing scope of work
and timeline to the City;

Verify that any previously
undiscovered resources
have been recorded on
appropriate DPR forms
and evaluated for
significance in terms of
CEQA criteria;

Inclusion of applicable
mitigation measures for
significant resources on
project plans;

Record that the Lead
Agency and other
relevant or Tribal officials
have been contacted to
coordinate on disposition
of the finds;

Upon discovery of
resources;

Upon discovery of
resources;

Upon discovery of
resources;

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City Council
22 –
56 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 6
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
Inclusion on project plans
that no further grading
shall occur until the Lead
Agency approves the
mitigation measures;
approval of mitigation
measures;

Verify that any artifacts
recovered are donated to
an appropriate Tribal
custodian or a qualified
scientific institution via
written documentation.

Upon discovery of
resources;

Upon discovery of
resources
City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency
MM CUL-2 Stop Construction Upon Encountering Human
Remains
In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health
and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during the course of project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance of the site where human remains are discovered and/or any
nearby area reasonably suspected to overlie adjacent
human remains until the county coroner is contacted to
determine whether the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the Confirm construction
activities have ceased,
and the County Coroner
has been contacted as
recorded in daily
construction logs;

Confirm construction
activities have ceased,
and the County Coroner
has been contacted as
recorded in daily
construction logs;

During construction

During construction

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

City Council
22 –
57 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 7
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
coroner shall contact the Native American Heritage
Commission (NAHC) within 24 hours, and the NAHC shall
identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American.

The MLD may make recommendations to the City or the
person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave
goods as provided in Public Resource Code Section
5097.98.

2. Where the following conditions occur, the City or an authorized representative shall rebury the Native American human remains and associated grave goods with
appropriate dignity either in accordance with the
recommendations of the MLD or on the project site in a
location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being
notified by the commission.
• The descendant identified fails to make a
recommendation.
• The City or an authorized representative rejects the
recommendation of the descendant, and mediation by the
NAHC fails to provide measures acceptable to the City.

If the remains are
determined to be of
Native American origin,
confirm the MLD and
NAHC have been
contacted via email;

Confirm contact with
MLD and compliance
with Public Resources
Section 5097.98 via
written or email
correspondence

During construction

During construction

City of Santa Ana
Planning and
Building Agency

City of Santa Ana
Planning and
Building Agency

2.7 Geology and Soils
SC 2.5‐1: In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for Confirm construction
operations and activities
are halted and redirected
to a qualified
During grading and
construction
operations;

City of Santa Ana
Planning and
Building Agency

City Council
22 –
58 3/3/2026

SANTA ANA REZONE PROJECT

MITIGATION MONITORING AND REPORTING PROGRAM

FCS 8
https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/0327/03270047/MMRP/03270047 Santa Ana Rezone Project MMRP.docx Mitigation Measures Method of Verification
Timing of
Verification
Responsible for
Verification
Verification of Completion
Date Initial
significance and, if necessary, develop a paleontological resources impact mitigation plan for the review and approval by the City prior to resuming excavation activities.
paleontologist as
recorded in daily
construction log;

Review and approval of a
paleontological
resources impact
mitigation plan that is
incorporated into project
plans

Prior to resuming
excavation activities

City of Santa Ana
Planning and
Building Agency

City Council
22 –
59 3/3/2026

IMPLEMENTATION
6-10 YEARS

KEY STRATEGIES
• To prepare for the new entry, redevelopment
of the existing overflow gravel lot can be
developed. During this process the current
south parking and main entry can remain
in use. This new parking lot (Zoo Parking
East) will contain several stormwater
management strategies including
permeable paving and bioswales. (Project 2)
• With the campus-wide improvements
proposed for animal exhibits, a new
commissary will be required, as well as
a 2nd-story space for office and meeting
rooms. (Project 1)
• A new education hub will be built adjacent
to the main entry and parking lot. This
hub consists of a new building with flex
classrooms, and a new holding building for
ambassador animals. (Project 4)
• After the new education hub is
implemented, the Red Barn (where
much of the current ambassador animal
collection is housed) will be ready for new
enhancements. (Project 3)
• The Forest Station, including its adjacent
exhibits, is a key strategic project in the
plan at the north end of the Zoo. This will
offer shaded seating and views into a mixed
species habitat and bald eagle exhibit. There
will also be adventure play components with
adjacent shaded guest seating. As a lower
capital cost implementation concept, the
food and beverage portion of this project
can start off as a food truck or similar set-up.
(Project 5)
• The Reptile and Amphibian Station
will house a collection of reptiles and
amphibians. This will give visitors a chance
to get up-close encounters with unique
small animals in an immersive indoor/
outdoor environment. (Project 7)
• Additional exhibits being developed during
this phase include the mixed-species
habitats on the eastern side of the Riverine
Zone. This sequencing strategy will allow
the existing play structure north of the Zoo
entry to remain undisturbed during this
phase. (Project 6)

IMPLEMENTATION
6-10 YEARS
140’0’ 70’ 280’
N
FEBRUARY 2018

FACILITIES MASTER PLAN
11 3
1 7
6 5
2 4
20182019202020212022

INFRASTRUCTURE
1 Ticket Booth & Amphitheater Spruce-up
2 Perimeter Fence
3 Ticket System
4 Elevated North Sign
5 Phase-out Aging Primate Exhibits

STRATEGIC
6 Freeway Sign
7 Picnic Area at Amazon’s Edge
8 Vet Hospital

ATTRACTIONS
9 Giant River Otter and Howler Monkeys
10 Animal Encounters
11 Expanded Monkeys at Amazon’s Edge
12 Farm Spruce-up
13 Primate Forest
20232024202520262027

INFRASTRUCTURE
1 Commissary
2 Zoo Parking East
3 Red Barn Spruce-up

STRATEGIC
4 Education Hub
5 Forest Station

ATTRACTIONS
6 East Riverine Exhibits
7 Reptile and Amphibian Station
1 2
3 4
5 6
7 REPTILES AND AMPHIBIANS
Exhibit 7

City Council
22 –
60 3/3/2026