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Santa Ana council asks staff to draft ordinance restricting smoke shops after enforcement concerns
Summary
Councilmember Jesse Lopez asked staff to close zoning loopholes that treat smoke shops as ordinary retail. Council supported drafting a permanent ordinance with options such as buffer zones, conditional‑use hearings and revocation procedures and asked for proposals within roughly 90 days.
The Santa Ana City Council on Dec. 2 directed city staff to prepare an ordinance that would expand the city’s land‑use tools to limit smoke‑shop clustering and restrict their proximity to schools, parks and other sensitive uses.
Councilmember Jesse Lopez, who brought the item, said smoke shops without on‑site smoking currently are treated like ordinary retail under the zoning code, which limits planning oversight. “The lack of a clear land and use category for smoke shops has created different challenges,” Lopez said, asking the city to close a loophole and assess the current inventory.
Support from colleagues: Several councilmembers backed Lopez’s request. The city manager said staff could produce ordinance language in roughly 90 days that draws on existing code sections (Chapter 18 and nuisance provisions) rather than use an interim moratorium, which staff said would pause new activity but not necessarily produce a durable fix.
What staff will consider: Councilmembers asked staff to evaluate options including separation buffers from schools and parks, conditional‑use permitting with public notice, stronger code enforcement, and tying enforcement to criminal‑activity provisions already in city code. Councilmembers also urged enforcement that would protect the city’s licensed cannabis industry by targeting shops that circumvent legal requirements.
Next steps: The council directed the city manager to return with ordinance language and enforcement options within about 90 days; staff indicated the timeline may shift slightly given the holiday schedule but prioritized producing a draft that can withstand legal challenge.
