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75A - ORD AMENDMENT NO. 2017-01 AMEND SECTIONS OF CH 18 AND 21
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75A - ORD AMENDMENT NO. 2017-01 AMEND SECTIONS OF CH 18 AND 21
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6/19/2017 8:52:00 AM
Creation date
6/15/2017 4:28:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
6/20/2017
Destruction Year
2022
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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 <br />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 upon <br />the adoption of this ordinance. <br />Section 3. Section 18-611, subdivisions (r), (s) and (t) are hereby added to Article <br />XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows: <br />Sec. 18-611. - Definitions. (Not in alphabetical order) <br />(a) "Cultivation" and/or "Cultivate" shall mean the planting, growing, harvesting, drying, <br />processing, or storage of one (1) or more marijuana plants or any part thereof. <br />(b) "Medical marijuana collective" or "cooperative" or "collective" means any facility or location <br />where medical marijuana is made available and/or distributed by or to one (1) or more of the <br />following: a primary caregiver, a qualified patient or a person with an identification card in <br />strict accordance with California Health and Safety Code Section 11362.5 et seq., as <br />sometimes amended. A "medical marijuana collective" shall not include the following uses, <br />as long as the location of such uses are otherwise regulated by this Code or applicable law: a <br />clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health <br />care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a <br />residential care facility for persons with chronic life-threatening illness licensed pursuant to <br />Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the <br />elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a <br />residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of <br />the Health and Safety Code, as long as such use complies strictly with applicable law <br />including, but not limited to, Health and Safety Code Section 11362.5 et seq. ereses e# <br />this <br />�e. <br />(c) "Identification card" shall have the same definition as that contained in Health and Safety <br />Code § 11362.7 et seq., as sometimes amended. <br />(d) "Manager" means any person responsible for the establishment, organization, supervision, or <br />oversight of the operation of a Collective, including but not limited to members who perform <br />the functions of president, vice-president, director, operating officer, financial officer, <br />secretary, or treasurer. Ability to control one (1) or more of the following functions shall be <br />prima facie evidence that such person is a manager: <br />(1) To hire, select, or separate employees or staff, including volunteers; <br />(2) To acquire facilities, furniture, equipment or supplies other than occasional replenishment <br />of stock; <br />Ordinance No. NS-XXXX <br />75A-6 Page 2 <br />
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