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75E-1 - PH AMND MUNI CODE MARIJUANA
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75E-1 - PH AMND MUNI CODE MARIJUANA
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11/2/2017 4:50:30 PM
Creation date
11/2/2017 4:42:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E-1
Date
11/7/2017
Destruction Year
2022
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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />NOVEMBER 7, 2017 <br />TITLE: <br />PUBLIC HEARING - ORDINANCE AMENDMENT <br />NO. 2017-04 TO AMEND CERTAIN SECTIONS <br />OF CHAPTERS 18 AND 21 OF THE SANTA ANA <br />MUNICIPAL CODE (MEDICAL MARIJUANA <br />COLLECTIVES/ COOPERATIVES) - CITY OF <br />SANTA ANA, APPLICANT <br />(STRATEGIC PLAN NOS. 3, 2, 3, 5) <br />CIO MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />MJ4110 /ce', <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1a Reading <br />❑ Ordinance on 2ntl Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt an ordinance approving Ordinance Amendment No. 2017-04. <br />BACKGROUND <br />On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory <br />Program ordinance ("Measure BB") which was codified in sections of Chapters 18 and 21 of the <br />Santa Ana Municipal Code (SAMC). In November 2016, the majority of voters in California <br />approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult <br />Use of Marijuana Act (AUMA). The AUMA immediately legalized. the possession, use, and <br />growing and keeping of up to six mature cannabis plants for personal use at a private residence. <br />To comply with the AUMA, on October 17, 2017, the City Council approved the first reading of <br />the new commercial cannabis ordinance that expands commercial cannabis business activities in <br />the city's industrial areas. In order to comply with additional provisions of the AUMA and State <br />law, the City is required to amend additional portions of Chapter 18 relating to Medical Marijuana <br />Collectives/Cooperatives. These amendments will update the ordinance to require that <br />applications for a Regulatory Safety Permit (RSP) be processed through the Planning and <br />Building Agency and will authorize the Executive Director of the Planning and Building Agency to <br />approve or deny RSP applications rather than the Chief of Police. The amendments will also <br />update certain definitions to comply with State law and to ensure consistency with Chapter 40, <br />the City's new commercial cannabis ordinance. <br />In addition to the required amendments to Chapter 18, the City is proposing to amend Chapter 21 <br />to increase the gross receipts tax rate for medical marijuana collective/cooperatives. The <br />amendment increases the tax rate one percentage from 5% to 6%. <br />75E-1-1 <br />
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