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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) TO PERMIT INDOOR <br />CULTIVATION OF MARIJUANA FOR PERSONAL USE <br />TO NO MORE THAN SIX (6) LIVING MARIJUANA PLANTS <br />WITHIN A PRIVATE RESIDENCE; PROHIBIT COMMERCIAL <br />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 by individuals 21 years old or older. The City also desires to <br />continue to ban outdoor marijuana cultivation and indoor commercial marijuana <br />cultivation within City limits to the extent allowed by California law. This Ordinance <br />effectuates that aim. <br />1. 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 a <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 />non - medical marijuana cultivation until such time as the California Attorney <br />General determines that non - medical use of marijuana is lawful in California <br />under Federal law. The City may also prohibit indoor commercial cultivation. <br />6. The California Attorney General has not made a determination that non - medical <br />use of marijuana is lawful in California under Federal law. <br />Exhibit 2 <br />11B -11 <br />