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Ordinance to Comply with New State Law and Regulate Indoor Cultivation <br />December 20, 2016 <br />Page 2 <br />outdoor cultivation. On November 8, 2016, 57% of the electorate voted "Yes" on the Proposition <br />and the provisions of Prop 64 took effect on November 9, 2016. <br />The proposed Ordinance amends Ordinance NS -2889 which completely banned all cultivation <br />within the City, to comply with Prop 64. Specifically, the proposed ordinance amends Chapter 18 <br />of the Santa Ana Municipal Code and seeks to regulate indoor cultivation of up to six (6) living <br />marijuana plants for personal use in a private residence or accessory structure with reasonable <br />regulations and limits such cultivation to individuals 21 years of age or older who obtain a <br />residential cultivation permit. The proposed amendment would maintain a citywide prohibition on <br />indoor commercial and outdoor marijuana cultivation. <br />The proposed Ordinance requires applicants pay a fee prior to the issuance of a residential <br />cultivation permit to defray, in part, the cost of investigation and inspection. The residential <br />cultivation permit fee will be established by a subsequent resolution of the City Council. <br />The proposed Ordinance supports and reaffirms the objective of Ordinance NS -2864 and <br />promotes the health, safety and welfare of the residents of Santa Ana. Staff recommends the <br />approval of the proposed ordinance. <br />STRATEGIC PLAIN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Goal No. 3 <br />Economic Development, Goal No. 4 Government Financial Stability, and Goal No. 5 Community <br />Health, Livability, Engagement and Sustainability. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. A future item will be presented to the City <br />Council that will provide the cost and fee structure of the residential cultivation permit program. <br />Hassan Hacjfiani,ACP <br />Executive Director of <br />Planning & Building Agency <br />City of Santa Ana <br />Exhibit: 1. Ordinance <br />50A-2 <br />arc. ,,--- <br />Sonia R. Carvalho <br />City Attorney <br />City of Santa Ana <br />