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TB 12/20/16 <br />ORDINANCE NO. NS - <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA TO COMPLY WITH NEW STATE <br />LAW (PROP 64); ORDINANCE TO REGULATE INDOOR <br />CULTIVATION OF MARIJUANA FOR PERSONAL USE <br />TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS <br />WITHIN A PRIVATE RESIDENCE SUBJECT TO <br />REASONABLE REGULATIONS; REQUIRE INDIVIDUALS <br />OBTAIN RESIDENTIAL CULTIVATION PERMIT, PROHIBIT <br />COMMERCIAL AND OUTDOOR MARIJUANA CULTIVATION <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines, and <br />declares as follows: <br />A. On December 15, 2015, the City Council approved passed Ordinance No. 2889 <br />banning the cultivation of marijuana or medical marijuana anywhere in the City. Per <br />the approval of Prop 64, the City now desires to limit and regulate indoor cultivation <br />of marijuana for personal use to no more than six (6) living marijuana plants within a <br />private residence subject to reasonable regulations and require individuals 21 years <br />old or older, to obtain a residential cultivation permit for such cultivation. The City <br />also desires to continue to ban outdoor marijuana cultivation and indoor commercial <br />marijuana cultivation within City limits to the extent allowed by California law. This <br />Ordinance effectuates that aim. <br />On June 28, 2016, the Secretary of State certified Prop 64, the Control, <br />Regulate, and Tax Adults Use of Marijuana Act ("Prop 64"), for the November 8, <br />2016 ballot; <br />2. On November 8, 2016, 57% of the electorate voted "Yes" on the Proposition and <br />the provisions of Prop 64 took effect on November 9, 2016, <br />3. Prop 64 authorizes the cultivation by individuals 21 years of age or older to <br />plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants in <br />private residence for personal use. <br />4. The provisions of the AUMA and its amendments to the Health and Safety Code <br />took effect on November 9, 2016. <br />5. Pursuant to the AUMA, the City may enact reasonable regulations for the <br />cultivation of non-medical marijuana that occurs inside a residence or accessory <br />structure to a private residence located upon the grounds of a private residence <br />that is fully enclosed and secure area. (Health and Safety Code sections <br />11362.2(a)(1) and 11362.2(b)(1).) The City may completely prohibit outdoor <br />nonmedical marijuana cultivation until such time as the California Attorney <br />50A-3 Ordinance No. NS-__ <br />Page — of <br />