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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 46 of 73 <br /> <br /> <br />cannabis retail business may only operate in an Industrial zone (M-1, M-2) in accordance <br />with this article Section 40-6 in Article I of this Chapter. <br />Sec. 40-106. Separation requirements between medicinal cannabis retailers. <br />(a) No collective medicinal cannabis retailer shall be located within five hundred (500) <br />feet of another medicinal cannabis retailer/medical marijuana collective or cooperative or <br />within one thousand (1,000) feet of any: <br />(1) School. <br />(2) Park. <br />(3) Residential zone. <br />Sec. 40-107.1 Cooperative/collective registration required. <br />(a) Within 30 days after the adoption of this Chapter, the The Director of Planning and <br />Building shall prepare Cooperative/Collective registration application forms and a <br />related administrative policy. Each collective interested in operating pursuant to this <br />article may submit an application together with a non-refundable processing fee in an <br />amount established by the City Council. Within 60 days after the adoption of this <br />article, the Director shall stop accepting applications and process all applications <br />received. <br />(b) The Director or his or her designee shall determine whether each application <br />demonstrates compliance with this article. Each application that is in compliance with <br />this article shall be placed on the "Qualified Registration Applicant List" and the <br />Director shall notify the applicant in writing that it is a "Qualified Registration <br />Applicant." <br />(c) Once all applications are processed, the Director shall hold an independent selection <br />process ("lottery") in an open and public location and select 20 applications. The 20 <br />applications chosen through the independent selection process (lottery) will be placed <br />on the "Regulatory Safety Permit ("RSP") Eligibility List." Each applicant on the RSP <br />Eligibility List may then choose to file an application for a RSP pursuant to section 40- <br />107.2. All Aapplicants identified on the RSP Eligibility List following the February 5, <br />2015 independent selection process (lottery) must submit a completed RSP <br />application and construction plans within four (4) months of April 5, 2016 and no later <br />than August 5, 2016 shall be required to concurrently: (1) File an application for an <br />RSP and (2) Submit all required construction plans for plan check by the City by <br />December 31, 2022, subject to the requirements of this Chapter and other applicable <br />chapters of the Santa Ana Municipal Code, and open within 180 days of construction <br />permit issuance. An extension may be issued for a period of time as may be <br />reasonably required to affect upgrades, modifications, repairs, or other property issue <br />mitigations as approved by the Director of Planning and Building or his or her <br />designee. Failure to submit a completed RSP application satisfy these requirements <br />Exhibit 1
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