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NS-2918
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Last modified
7/11/2017 9:45:06 AM
Creation date
7/11/2017 9:40:59 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2918
Date
7/5/2017
Destruction Year
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procedures, 7. Add definitions to the ordinance, 8. Allow Transferability of <br />Collective/Cooperative Business License, as well as general updating of <br />the ordinance. <br />F. 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 of <br />the Code is not intended, nor shall it be interpreted, as constituting a new action <br />or decision of the City Council, but rather such provisions are repeated for <br />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 (r), (s) and (t) are hereby added to <br />Article 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, <br />drying, processing, or storage of one (1) or more marijuana plants or any part <br />thereof. <br />(b) "Medical marijuana collective" or 'cooperative" or "collective" means any <br />facility or location where medical marijuana is made available and/or distributed <br />by or to one (1) or more of the following: a primary caregiver, a qualified patient <br />or a person with an identification card in strict accordance with California Health <br />and Safety Code Section 11362.5 et seq., as sometimes amended. A "medical <br />marijuana collective" shall not include the following uses, as long as the location <br />of such uses are otherwise regulated by this Code or applicable law: a clinic <br />licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a <br />health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and <br />Safety Code, a residential care facility for persons with chronic life-threatening <br />illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety <br />Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of <br />Division 2 of the Health and Safety Code, a residential hospice or a home health <br />agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety <br />Code, as long as such use complies strictly with applicable law including, but not <br />limited to, Health and Safety Code Section 11362.5 et seq. <br />(c)" Identification card" shall have the same definition as that contained in Health <br />and Safety Code § 11362.7 et seq., as sometimes amended. <br />(d) "Manager" means any person responsible for the establishment, organization, <br />supervision, or oversight of the operation of a Collective, including but not limited <br />Ordinance No. NS -2918 <br />Page 2 of 13 <br />
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