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<br /> <br /> Resolution No. 2022-XXX <br />Page 3 of 5 <br /> <br />properties zoned for residential uses, while maintaining a sufficient amount of properties <br />eligible to apply for and operate a commercial cannabis business. <br /> <br />M. The City of Santa Ana has a compelling interest in ensuring that cannabis <br />is not sold in an illicit manner, in protecting the public health, safety and welfare of its <br />residents and businesses, in preserving the peace and quiet of the neighborhoods in <br />which these businesses may operate, and in providing access to safe, locally produced <br />and retailed, and tested cannabis to residents and visitors. <br /> <br />N. The rise in commercial cannabis business activity in California, coupled with <br />an increase in consumer base both Citywide and regionally, requires the City to adopt a <br />proactive approach to allowing and regulating commercial cannabis business activity, <br />including ensuring that consumers of commercial cannabis retail products are educated <br />in responsible consumption and have safely designed and monitored settings in which <br />retail cannabis may be purchased and consumed. <br /> <br />O. On September 20, 2022, the City Council conducted a duly noticed public <br />hearing to consider Ordinance Amendment No. 2022-01, which includes amendments to <br />Chapters 18, 21, and 40 of the Santa Ana Municipal Code; a change to cannabis tax rates <br />for non-retail (cultivation, distribution, and manufacturing) commercial cannabis <br />businesses; and the subject resolution. <br /> <br />Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the <br />State CEQA Guidelines, the adoption of the above ordinance is exempt from CEQA review <br />pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can <br />be seen with certainty that there is no possibility that the project may have a significant effect <br />on the environment. Santa Ana is a built-out, urbanized community, and the uses permitted <br />and regulated by this Ordinance are already allowed by the underlying zoning designations <br />and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code. <br />The uses permitted and regulated by this ordinance will not lead to any cumulative or <br />unforeseen impacts. As a result, a Notice of Exemption will be filed upon the adoption of this <br />ordinance. <br />Section 3. The City Council hereby establishes the map of commercial <br />cannabis eligible areas, included here as Attachment A, and referenced in Santa Ana <br />Municipal Code Sections 40-2, 40-5, and 40-6. This map reflects the original 1,000-foot <br />distance from properties containing schools, parks, and properties zoned for residential <br />uses, but is now parcel-specific to offer clarity to property and business owners. <br /> <br />Section 4. The City Council hereby establishes the minimum number of <br />commercial cannabis retail businesses as 30 and the maximum number at 35. Any <br />additional commercial cannabis retail businesses permissible following adoption and <br />effectiveness of this Resolution shall be subject to the application and permitting process <br />established by Santa Ana Municipal Code Section 40-9.