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Section 2. This Ordinance is adopted pursuant to the authority granted by the <br />California Constitution and State law, including but not limited to: Article IX, Section 7 of <br />the California Constitution, the Compassionate Use Act of 1996 (California Health and <br />Safety Code Section 11362.5), the Medical Marijuana Program (California Health and <br />Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act <br />(AB 266, AB 243, and SB 643; hereafter "MMRSA"), the Adult Use of Marijuana Act <br />(Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act <br />(SB 94; hereafter "MAUCRSA"). <br />Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and <br />the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review <br />pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it <br />can be seen with certainty that there is no possibility that the project may have a <br />significant effect on the environment. As a result, a Notice of Exemption will be filed <br />upon the adoption of this ordinance. <br />Section 4. All provisions of the Santa Ana Municipal Code which are repeated <br />herein are repeated solely in order to comply with the provisions of Section 418 of the <br />City Charter. Any such restatement of existing provisions of the Code is not intended, <br />nor shall it be interpreted, as constituting a new action or decision of the City Council, <br />but rather such provisions are repeated for tracking purposes only in conformance with <br />the Charter. <br />Section 5: Article I of Chapter 40 of the Santa Ana Municipal Code is hereby <br />amended to read in full as follows: <br />Chapter 40 <br />ARTICLE 1. REGULATION OF COMMERCIAL CANNABIS ACTIVITIES <br />OTHER THAN MEDICINAL CANNABIS RETAIL ACTIVITIES <br />Section 40-1. Purpose and Intent. <br />A. The purpose and intent of this article is to regulate commercial cannabis <br />business activities, as defined in this article, in order to ensure the health, safety and <br />welfare of the residents of the City of Santa Ana by establishing regulations necessary <br />for commercial cannabis business operating in the City of Santa Ana to obtain and <br />maintain a Regulatory Safety Permit ('RSP"). Any commercial cannabis businesses <br />operating in the City of Santa Ana shall at all times be in compliance with current State <br />Law and this article. All commercial cannabis facilities shall operate in accordance with <br />the regulations in this article and with the conditions of approval associated with the <br />applicable zone for the parcel of real property upon which the commercial cannabis <br />activities are conducted. Any commercial cannabis business shall qualify for and <br />receive a Regulatory Safety Permit from the City of Santa Ana as provided by this <br />article and operate only in a zone in compliance with Santa Ana Municipal Code before <br />commencing with any commercial cannabis business activity. Any commercial cannabis <br />business without a Regulatory Safety Permit is in violation of this article. The regulations <br />in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana <br />Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code <br />(collectively referred to as "State Law") do not interfere with the right to use adult -use <br />Ordinance No. NS -2944 <br />Page 3 of 33 <br />