HomeMy WebLinkAboutNS-2909 - To Permit Indoor Cultivation of Marijuana for Personal Use to No More Than Six Living Marijuana Plants Within a Private ResidenceT6 12/20/16
ORDINANCE NO. NS -2909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA TO COMPLY WITH NEW STATE LAW
(PROP 64) TO PERMIT INDOOR CULTIVATION OF
MARIJUANA FOR PERSONAL USE TO NO MORE THAN
SIX (6) LIVING MARIJUANA PLANTS WITHIN A PRIVATE
RESIDENCE; PROHIBIT COMMERCIAL AND OUTDOOR
MARIJUANA CULTIVATION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On December 15, 2015, the City Council approved passed Ordinance No.
2889 banning the cultivation of marijuana or medical marijuana anywhere in
the City. Per the approval of Prop 64, the City now desires to limit and
regulate indoor cultivation of marijuana for personal use to no more than six
(6) living marijuana plants within a private residence by individuals 21 years
old or older. The City also desires to continue to ban outdoor marijuana
cultivation and indoor commercial marijuana cultivation within City limits to the
extent allowed by California law. This Ordinance effectuates that aim.
1. On June 28, 2016, the Secretary of State certified Prop 64, the Control,
Regulate, and Tax Adults Use of Marijuana Act ('Prop 64"), for the
November 8, 2016 ballot;
2. On November 8, 2016, 57% of the electorate voted "Yes" on the
Proposition and the provisions of Prop 64 took effect on November 9,
2016.
3. Prop 64 authorizes the cultivation by individuals 21 years of age or older
to plant, cultivate, harvest, dry, or process up to six (6) living marijuana
plants in a private residence for personal use.
4. The provisions of the AUMA and its amendments to the Health and Safety
Code took effect on November 9, 2016.
5. Pursuant to the AUMA, the City may enact reasonable regulations for the
cultivation of non-medical marijuana that occurs inside a residence or
accessory structure to a private residence located upon the grounds of a
private residence that is fully enclosed and secure area. (Health and
Safety Code sections 11362.2(a)(1) and 11362.2(b)(1).) The City may
Ordinance No. NS -2909
Page 1 of 6
completely prohibit outdoor non-medical marijuana cultivation until such
time as the California Attorney General determines that non-medical use
of marijuana is lawful in California under Federal law. The City may also
prohibit indoor commercial cultivation.
6. The California Attorney General has not made a determination that non-
medical use of marijuana is lawful in California under Federal law.
7. The City of Santa Ana has a compelling interest in ensuring it is compliant
with State law and that marijuana is not cultivated in an illegal manner, in
protecting the public health, safety and welfare of its residents and
businesses, and in preserving the lawful use of land within its borders.
B. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of section 418 of the
Charter of the City of Santa Ana. Any such restatement of existing provisions
of the Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are repeated
for tracking purposes only in conformance with the Charter.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review
pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it
can be seen with certainty that there is no possibility that the project may have a
significant effect on the environment. As a result, a Notice of Exemption will be filed
upon the adoption of this ordinance.
Section 3. Section 18-611, subdivisions (1) through (q) are hereby added to
Article XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows:
(i) 'Private Residence" shall have the same definition as that contained in Health
and Safety Code section 11362.2(5).
(j) "Premises" means a single, legal parcel of property. Where contiguous legal
parcels under common ownership or control, such contiguous legal parcels
shall constitute a single "premises" for purposes of this chapter.
(k) "Parcel' means property assigned a separate parcel number by the Orange
County assessor.
(1) "Marijuana Products" shall have the same definition as that contained in
Health and Safety Code section 11018.1.
(m)"Marijuana Accessories" shall have the same definition as that contained in
Health and Safety Code section 11018.2.
Ordinance No. NS -2909
Page 2 of 6
(n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying,
or processing of marijuana plants for personal use within a private residence
or accessory structure to a private residence.
(o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting,
drying, or processing of marijuana plants in any structure other than a private
residence.
(p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying,
or processing of marijuana plants in any location within the City of Santa Ana
that is not within a fully enclosed and secure structure.
(q) "Fully enclosed and secure structure" means a space within a building,
greenhouse or other structure which has a complete roof enclosure supported
by connecting walls extending from the ground to the roof, which is secure
against unauthorized entry, provides complete visual screening, and which is
accessible only through one or more lockable doors.
Section 4. Subsection (e) only of Section 18-620 of Article XIII of Chapter 18 of
the Santa Ana Municipal Code is hereby deleted in its entirety:
Section 18-620. Compliance with this article and state law.
(e) Cultivation of marijuana or medical marijuana is prohibited anywhere in the
city. No person, including a qualified patient or primary caregiver, shall
cultivate marijuana or medical marijuana in the city.
Section 5. Section 18-620 of Article XIII of Chapter 18 of the Santa Ana
Municipal Code is hereby amended to add Section 18-620(e), subdivisions (1), (i) -(v)
and, (2), (3), (4)(i) -(ii} and (5)(i)(1-5) and is to read in full as follows:
18-620. Compliance with this article and state law
(e) Cultivation of Marijuana.
(1) Personal Cultivation. Individuals 21 years of age or older may plant,
cultivate, harvest, dry, or process up to (6) living marijuana plants for
personal use in a private residence or accessory structure to a single
private residence in the City of Santa Ana and must comply with the
following requirements:
(i) The marijuana cultivation area shall be located indoors within a private
residence or accessory structure on a single parcel of property;
(ii) No more than six (6) living marijuana plants is permitted for indoor
personal cultivation;
Ordinance No. NS -2909
Page 3 of 6
(iii) Marijuana in excess of 28,5 grams produced by plants kept for indoor
personal cultivation must be kept in a locked space on the grounds of
the private residence not visible from the public right -of way.
(iv) There shall be no exterior visibility or evidence of marijuana cultivation
outside the private residence from the public right-of-way, including but
not limited to any marijuana plants, equipment used in the growing and
cultivation operation, or any light emanating from the cultivation; or
(v) The cultivation may not violate any California Building, Electrical or
Fire Codes or any other health and safety standards.
(2) Commercial Cultivation. Commercial cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
qualified patient or primary caregiver, shall engage, permit, or participate
in the commercial cultivation of marijuana in the City.
(3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical
marijuana is prohibited anywhere in the City. No person, including a
qualified patient or primary caregiver, shall engage, permit, or participate
in the outdoor cultivation of marijuana in the City.
(4) Nuisance.
(i) It is hereby declared to be unlawful, a public nuisance, and a violation
of this Chapter for any person owning, leasing, occupying, or having
charge or possession of any parcel within the City to cause or allow
such parcel to be used for the cultivation of marijuana, unless the
person is authorized by state law to grow marijuana within a private
residence, and such authorized person is complying with all
requirements of this Chapter.
(5) Public Nuisance Prohibited.
(i) It is hereby declared to be unlawful and a public nuisance for any
person owning, leasing, occupying, or having charge or possession of
any parcel within the City to create a public nuisance in the course of
cultivating marijuana plants or any part thereof in any location, indoor
or outdoor. A public nuisance may be deemed to exist, if such activity
produces:
(1) Odors which are disturbing to people of reasonable sensitivity
residing or present on adjacent or nearby property or areas open to
the public;
(2) Repeated responses to the parcel by law enforcement personnel;
Ordinance No, NS -2909
Page 4 of 6
(3) A repeated disruption to the free passage of persons or vehicles in
the neighborhood, excessive noise which is disturbing to people of
normal sensitivity on adjacent or nearby property or areas open to
the public;
(4) Any other impacts on the neighborhood which are disruptive of
normal activity in the area including, but not limited to, grow lighting
visible outside the dwelling, excessive vehicular traffic or parking
occurring at or near the dwelling, and excessive noise emanating
from the dwelling.
(5) Outdoor and Commercial growing and cultivation of marijuana.
Section 6. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 17th day of January, 2017.
APPROVED AS TO FORM
Soni R. Carvalho, City Attorney
By. E � hd^
Tamara Bogosian
For City Attorney
AYES: Councilmembers Benavides, Martinez, Solorio, Tinajero,
Villegas (5)
NOES: Councilmembers Pulido (1)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Sarmiento (1)
Ordinance No. NS -2909
Page 5 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -2909 to be the original ordinance adopted by the City Council of the
City of Santa Ana on January 17, 2017, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: `j2 '�)- &W,/
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2909
Page 6 of 6