2011 - 2020 (NS-2813 - NS-3000)
2017 (NS-2908 - NS-2934)
11/30/2017 12:34:23 PM
11/30/2017 12:32:30 PM
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F. The proposed amendment includes increasing the tax on medicinal retail <br />marijuana. Measure BB authorized a business license tax rate of up to ten <br />percent (10%) of the gross receipts generated from each collective/cooperative. <br />The proposed ordinance increases the tax from the initial rate of five percent <br />(5%) to six percent (6%) as permitted by Measure BB. <br />G. 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") <br />and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA <br />review pursuant to California Code of Regulations section 15061(b)(3), which is <br />applicable if it can be seen with certainty that there is no possibility that the project may <br />have a significant effect on the environment. As a result, a Notice of Exemption will be <br />filed upon the adoption of this ordinance. <br />Section 3. Section 18-611 of Article XIII of Chapter 18 of the Santa Ana <br />Municipal Code is hereby amended 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 />curing, grading or trimming of one (1) or more marijuana plants or any part thereof, <br />as set forth in Business and Profession Code § 26001 (1) as amended from time to <br />time. <br />(b) "Medical marijuana collective" or "cooperative" or "collective" means any facility or <br />location where medical marijuana is made available and/or distributed by or to one <br />(1) or more of the following: a primary caregiver, a qualified patient or a person with <br />an identification card in strict accordance with California Health and Safety Code <br />Section 11362.5 et seq., as sometimes amended. This term shall include any legal <br />form of business recognized in the State of California. A "medical marijuana <br />collective" shall not include the following uses, as long as the location of such uses <br />are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to <br />Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed <br />pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential <br />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 <br />for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and <br />Safety Code, a residential hospice or a home health agency licensed pursuant to <br />Chapter 8 of Division 2 of the Health and Safety Code, as long as such use <br />complies strictly with applicable law including, but not limited to, Health and Safety <br />Code Section 11362.5 et seq. <br />Ordinance No. NS -2930 <br />Page 2 of 18 <br />
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