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December 20, 2016 <br />Page 2 <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 />7. The City of Santa Ana has a compelling interest in ensuring it is compliant wlth� <br />State law and that marijuana is not cultivated in an Illegal manner, in protecting <br />the public health, safety and welfare of its residents and businesses, and in <br />preserving the lawful use of land within its borders. <br />B. All provisions of the Santa Ana Municipal Code which are repeated herein are <br />repeated solely In order to comply with the provisions of section 418 of the Charter <br />of the City of Santa Ana. Any such restatement of existing provisions of the Code is <br />not Intended, nor shall it be interpreted, as constituting a new action or decision of <br />the City Council, but rather such provisions are repeated for tracking purposes only <br />In conformance with the Charter, <br />Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the state <br />CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant <br />to California Code of Regulations section 16061(b)(3), which is applicable if it can be seen <br />with certainty that there is no possibility that the project may have a significant effect on <br />the environment. As a result, a Notice of Exemption will be filed upon the adoption of this <br />ordinance. <br />Section 3, Section 18 -611, subdivisions (1) through (r -)(q) are hereby added to <br />Article XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows: <br />(1) "Private Residence" shall have the same definition as that contained In <br />Health and Safety Code section 11362.2(5). <br />{�) "Premises" means a single, legal parcel of property. Where contiguous legal <br />parcels under common ownership or control, such contiguous legal parcels <br />shall constitute a single "premises" for purposes of this chapter. <br />(k) "Parcel' means property assigned a separate parcel number by the Orange <br />County assessor. <br />(1) "Marijuana Products" shall have the same definition as that contained In <br />Health and Safety Code section 11018.1. <br />(m) "Marijuana Accessories" shall have the same definition as that contained In <br />Health and Safety Code section 11018.2. <br />(n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying, <br />or processing of marijuana plants for personal use within a private residence <br />or accessory structure to a private residence, <br />(o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting, <br />drying, or processing of marijuana plants in any structure other than a private <br />residence, <br />Ordinance No. N8- <br />11 B -4 <br />