2011 - 2020 (NS-2813 - NS-3000)
2017 (NS-2908 - NS-2934)
1/25/2017 9:25:15 AM
1/25/2017 9:23:31 AM
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completely prohibit outdoor non-medical marijuana cultivation until such <br />time as the California Attorney General determines that non-medical use <br />of marijuana is lawful in California under Federal law. The City may also <br />prohibit indoor commercial cultivation. <br />6. The California Attorney General has not made a determination that non- <br />medical 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 <br />with State law and that marijuana is not cultivated in an illegal manner, in <br />protecting the public health, safety and welfare of its residents and <br />businesses, and in 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 <br />Charter of the City of Santa Ana. Any such restatement of existing provisions <br />of the Code is not intended, nor shall it be interpreted, as constituting a new <br />action or decision of the City Council, but rather such provisions are repeated <br />for tracking purposes only in conformance with the Charter. <br />Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and <br />the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review <br />pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it <br />can be seen with certainty that there is no possibility that the project may have a <br />significant effect on the environment. As a result, a Notice of Exemption will be filed <br />upon the adoption of this ordinance. <br />Section 3. Section 18-611, subdivisions (1) through (q) are hereby added to <br />Article XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows: <br />(i) 'Private Residence" shall have the same definition as that contained in Health <br />and Safety Code section 11362.2(5). <br />(j) "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 />Ordinance No. NS -2909 <br />Page 2 of 6 <br />
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