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T6 12/20/16 <br />ORDINANCE NO. NS -2909 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA TO COMPLY WITH NEW STATE LAW <br />(PROP 64) TO PERMIT INDOOR CULTIVATION OF <br />MARIJUANA FOR PERSONAL USE TO NO MORE THAN <br />SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE <br />RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR <br />MARIJUANA CULTIVATION <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines, <br />and declares as follows: <br />A. On December 15, 2015, the City Council approved passed Ordinance No. <br />2889 banning the cultivation of marijuana or medical marijuana anywhere in <br />the City. Per the approval of Prop 64, the City now desires to limit and <br />regulate indoor cultivation of marijuana for personal use to no more than six <br />(6) living marijuana plants within a private residence by individuals 21 years <br />old or older. The City also desires to continue to ban outdoor marijuana <br />cultivation and indoor commercial marijuana cultivation within City limits to the <br />extent allowed by California law. This Ordinance 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 <br />November 8, 2016 ballot; <br />2. On November 8, 2016, 57% of the electorate voted "Yes" on the <br />Proposition and the provisions of Prop 64 took effect on November 9, <br />2016. <br />3. Prop 64 authorizes the cultivation by individuals 21 years of age or older <br />to plant, cultivate, harvest, dry, or process up to six (6) living marijuana <br />plants in a private residence for personal use. <br />4. The provisions of the AUMA and its amendments to the Health and Safety <br />Code 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 <br />accessory structure to a private residence located upon the grounds of a <br />private residence that is fully enclosed and secure area. (Health and <br />Safety Code sections 11362.2(a)(1) and 11362.2(b)(1).) The City may <br />Ordinance No. NS -2909 <br />Page 1 of 6 <br />