Laserfiche WebLink
Ordinance No. NS-XXX <br />Page 3 of 66 <br /> <br /> <br />L. The City Council recognizes those entities that have remained on the <br />Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40-104, <br />and those entities that were scored as part of the merit-based selection process in <br />Section 40-9. <br />M. Commercial cannabis businesses form an integral part of the Santa Ana <br />economy, contributing revenues and community benefits through business <br />engagement with the Santa Ana community. <br />N. The City Council of the City of Santa Ana intends that nothing in this article <br />shall be deemed to conflict with federal law as contained in the Controlled Substances <br />Act, nor to otherwise permit any activity that is prohibited under that Act or other <br />applicable law. <br />O. The City of Santa Ana has a compelling interest in ensuring that cannabis <br />is not sold, cultivated, manufactured, tested, consumed, or distributed in an illicit <br />manner, in protecting the public health, safety and welfare of its residents and <br />businesses, in preserving the peace and quiet of the neighborhoods in which these <br />uses may operate, and in providing access of cannabis to residents. <br />P. The City Council has held a duly noticed public hearing on September 20, <br />2022 in connection with consideration and adoption of this ordinance. <br /> 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 XI, 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 (SB <br />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. Santa Ana is a built-out, urbanized community, and <br />the uses permitted and regulated by this Ordinance are already allowed by the underlying <br />zoning designations and the development standards in Chapter 41 (Zoning) of the Santa <br />Ana Municipal Code. The uses permitted and regulated by this ordinance will not lead to <br />any cumulative or unforeseen impacts. As a result, a Notice of Exemption will be filed <br />upon the adoption of this ordinance.