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Ordinance No. NS-XXX <br />Page 59 of 66 <br /> <br /> <br />(8) “Gross Square foot” or “gross square footage” for the purposes of this <br />Article shall mean: <br />(A) In the case of commercial cannabis businesses licensed by the state <br />to engage in an adult-use cannabis retail business, the gross number <br />of square feet comprising the adult-use cannabis retail property <br />location as confirmed by the corresponding “approved building set” <br />or “approved certificate of occupancy” on file with the City of Santa <br />Ana Planning and Building Agency, whichever is the greater of any <br />square footage indicated, whether such adult-use cannabis retail <br />business is part of an on-site vertically or horizontally integrated <br />cannabis business or not. <br />(B) In the case of commercial cannabis businesses licensed by the state <br />to engage in cultivation, the aggregate number of square feet <br />comprising all areas of the premises under “canopy”, whether such <br />sum is greater or lesser than the gross square footage as stated in <br />the “approved building set” or “approved certificate of occupancy”, <br />and whether such commercial cannabis cultivation business is part <br />of an on-site vertically integrated cannabis business or not. <br />“Canopy” shall mean the designated area(s) of a premise that will <br />contain mature plants at any point in time. Canopy shall be calculated <br />in square feet and measured using clearly identifiable boundaries of <br />all area(s) that will contain mature plants at any point in time, <br />including all of the space(s) within the boundaries. Canopy may be <br />noncontiguous, but each unique area included in the total canopy <br />calculation shall be separated by an identifiable boundary which <br />includes interior walls, shelves, greenhouse walls, hoop house walls, <br />garden benches, hedgerows, fencing, garden beds, or garden plots; <br />and if mature plants are being cultivated using a shelving system, the <br />surface area of each level shall be included in the total canopy <br />calculation. <br />Canopy shall be subject to independent measurement and <br />calculation by duly authorized employees or agents of the City at the <br />time of application for a Santa Ana Business License and annually <br />thereafter at the time of the renewal of such license, or more often <br />as may be deemed necessary in the discretion of the collector. <br />Whenever an independent canopy measurement and calculation is <br />required under the terms of this Article or whenever the collector in <br />his or her discretion determines that the independent measurement <br />and calculation of a licensee’s canopy is desirable to effectuate the <br />proper assessment or collection of the business license taxes