HomeMy WebLinkAbout75C - PH - MEDICAL MARIJUANA COLLECTIVESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 6, 2017
TITLE:
PUBLIC HEARING — ORDINANCE
AMENDMENT NO. 2017-01 TO AMEND
CERTAIN SECTIONS OF CHAPTER 18 OF
THE SANTA ANA MUNICIPAL CODE
(MEDICAL MARIJUANA COLLECTIVES/
COOPERATIVES) — CITY OF SANTA ANA,
APPLICANT
(STRATEGIC PLAN NOS. 3,2; 3, 5
CI ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance approving Ordinance Amendment No. 2017-01.
BACKGROUND
On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory
Program ordinance ("Measure BB") which was codified in sections of chapters 18 and 21 of the
Santa Ana Municipal Code (SAMC). Following the adoption of Measure BB, the City established
an implementation plan, enforcement program, administrative policies, and best practices. Since
then, 15 of the 20 permitted medical marijuana collectives/cooperatives have opened retail
dispensaries where medical marijuana is sold.
In May 2016, following initial implementation, the City held a roundtable discussion that invited
stakeholders, dispensary owners, and members of the medical marijuana industry to meet with
City staff regarding the implementation of Measure BB. A second roundtable was held in
February 2017. Participants of the roundtable discussions voiced opinions on various aspects of
the regulatory program and provided recommendations for code amendments to treat the 20
permitted collectives/cooperatives as any other similar use, such as a retail drug store.
Staff also reviewed Measure BB to identify portions of the ordinance that, if amended, would
streamline implementation, eliminate unenforceable provisions, and establish administrative
procedures for revocation and transferability while ensuring that any potential impacts would be
mitigated. Staff then prepared options for ordinance amendments to recognize these uses are no
different than uses that sell prescription drugs. The ordinance revisions were presented to the
Public Safety, Code Enforcement & Neighborhood Empowerment Council Committee on May 9,
2017, and their comments were included in the proposed zoning ordinance amendments. The
proposed amendments are described in the Description section on the following page.
75C-1
Ordinance Amendment No. 2017-01 — Amending Certain Sections of Chapter 18 (Medical
Marijuana Collectives/Cooperatives) of the Santa Ana Municipal Code
June 6, 2017
Page 2
DESCRIPTION
Table 1 — Proposed Amendments to Measure BB
Item
Current Ordinance
Proposed Amendment
Impact
Signage
Allows one (1) non-
Allow installation of wall
Applies same rules that
illuminated wall sign up to 10
signs in compliance with the
apply to any other
square feet in size.
standard sign code
commercial establishment
contained within Article XI of
Cha ter 41 Zonin
Hours of Operation
Limited to 10:00 a.m. to 5:00
Allow extended hours of
Applies same rules that
p.m. (Monday to Saturday)
operation: 10:00 a.m. to
apply to any other
and 11:00 a.m. to 7:00 p.m.
12:00 a.m. (midnight) daily
commercial establishment
Sunda
Overnight Cash Limit
$200 overnight limit
Eliminate overnight cash limit
Removes an unenforceable
altogether
standard and applies same
treatment as any other
commercial establishment
Testing Laboratories/
Silent. Testing/R&D is
Allow in industrial (M-1 and
Provides opportunities for
Research and
allowed for other uses in
M-2) and one commercial (C-
quality control of medical
Development ("R&D)"
industrial (M-1 and M-2) and
2) district
marijuana products, expands
one commercial (C-2)
economic development
districts
opportunities that employ
highly -skilled workers, and
treats medical marijuana
similar to any other drug
(such as Tylenol or Lipitor)
that requires product testing
Delivery
Prohibited
Allow delivery to qualified
Removes an unenforceable
patient or caregiver, or
standard and applies same
testing/research and
treatment as any other
development fa ili
commercial establishment
Financial Audits
Full audit by independent
Allow full audit or financial
Allows financial information
CPA required by February
review, and move annual
to be documented in a
15 annually
deadline to June 30
variety of means, and moves
annual deadline to a date
more consistent with
generally -accepted
accounting principles
Revocation
Contains "violation and
Establishes revocation,
Establishes revocation
Procedures,
enforcement' section without
inspection, and transferability
procedures when a licensed
Inspections, and
specific procedure. Silent on
procedures
facility is found to be in
Permit Transferability
transferability
violation of any applicable
ordinance, and establishes
procedures if facilities
undergo changes in
ownership and permits are
proposed for transfer
Definitions for
Silent; the current ordinance
Define "Delivery" and
Provides clarity in matters of
"Delivery" and "Testing
does not define these terms.
"Testing laboratory"
interpretation and
Laboratory"
implementation
75C-2
Ordinance Amendment No. 2017-01 —Amending Certain Sections of Chapter 18 (Medical
Marijuana Collectives/Cooperatives) of the Santa Ana Municipal Code
June 6, 2017
Page 3
The proposed amendments will clarify administrative procedures, remove certain unenforceable
provisions such as overnight cash reserve limits, and treat the collectives/cooperatives similar to
other establishments where prescription drugs are sold. Moreover, staff has reviewed the
proposed amendments to ensure consistency with other provisions of the Santa Ana Municipal
Code, including Chapter 41 (Zoning). Based on the information and analysis in this report, staff
recommends adopting Ordinance Amendment No. 2017-01.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objective #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies), Objective #3 (promote a
solutions -based customer focus in all efforts to facilitate development and investment in the
community), and Objective #5 (leverage private investment that results in tax base expansion
and job creation citywide).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Has ani, ACP
Executive Director
Planning & Building Agency
AP:rb
aptreports\Staff Reports for CC \ OA2017-01 cc 060617
Exhibit: 1. Ordinance
75C-3
75C-4
LS 6.6.17
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA AMENDING CERTAIN SECTIONS OF CHAPTER 18 OF THE
SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICAL
MARIJUANA COLLECTIVES (SECTION 18-611, SECTION 18-613
SECTION 18-615, SECTION 18-617.5, SECTION 18-618, SECTION
18-620, SECTION 18-621, AND SECTION 18-622 OF ARTICLE XIII
OF CHAPTER 18)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana
Regulatory Program ordinance ("Measure BB") allowing up to twenty (20) medical
marijuana retail cannabis collectives/cooperatives ("dispensaries").
B. Following the adoption of Measure BB, the provisions of the measure were codified
in Chapters 18 and 21 of the Santa Ana Municipal Code. The City also established
an implementation plan, enforcement program, administrative policies, and best
practices.
C. In May 2016, following initial implementation of the ordinance, the City held a
roundtable discussion that invited stakeholders, dispensary owners, and members
of the medical marijuana industry to meet with City staff regarding the
implementation of Measure BB. A second roundtable was held in February 2017.
Participants of the roundtable discussions voiced opinions on various aspects of the
regulatory program and provided their recommendations for future policy level
consideration.
D. Following these roundtable discussions, staff prepared options to streamline
Measure BB and create more business -friendly conditions for the existing
collectives/cooperatives.
E. The City of Santa Ana proposes to amend Chapter 18 to allow the following eight
(8) modifications to the existing medical marijuana ordinance/Measure BB:
1. Increased signage opportunities, 2. Increased hours of operation, 3. Eliminate
cash reserve limits, 4. Allow testing/research and development facilities, 5. Allow
delivery services to residences, 6. Amend financial audit requirements, 7. Adopt by
ordinance certain administrative procedures, and 8. Add definitions to the
ordinance, as well as general updating of the ordinance.
F. 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
Ordinance No. NS-XXXX
75C-5 Page 1
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 (r), (s) and (t) are hereby added to Article
XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows:
Sec. 18-611. - Definitions. (Not in alphabetical order)
(a) "Cultivation" and/or "Cultivate" shall mean the planting, growing, harvesting, drying,
processing, or storage of one (1) or more marijuana plants or any part thereof.
(b) "Medical marijuana collective" or "cooperative" or "collective" means any facility or location
where medical marijuana is made available and/or distributed by or to one (1) or more of the
following: a primary caregiver, a qualified patient or a person with an identification card in
strict accordance with California Health and Safety Code Section 11362.5 et seq., as
sometimes amended. A "medical marijuana collective" shall not include the following uses,
as long as the location of such uses are otherwise regulated by this Code or applicable law: a
clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health
care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a
residential care facility for persons with chronic life-threatening illness licensed pursuant to
Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the
elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a
residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of
the Health and Safety Code, as long as such use complies strictly with applicable law
including, but not limited to, Health and Safety Code Section 11362.5 et seq. €OF PUFPeses of
(c) "Identification card" shall have the same definition as that contained in Health and Safety
Code § 11362.7 et seq., as sometimes amended.
(d) "Manager" means any person responsible for the establishment, organization, supervision, or
oversight of the operation of a Collective, including but not limited to members who perform
the functions of president, vice-president, director, operating officer, financial officer,
secretary, or treasurer. Ability to control one (1) or more of the following functions shall be
prima facie evidence that such person is a manager:
(1) To hire, select, or separate employees or staff, including volunteers;
(2) To acquire facilities, furniture, equipment or supplies other than occasional replenishment
of stock;
Ordinance No. NS-XXXX
75C-6 Page 2
(3) To disburse funds of the business other than occasional expenditures for replenishment
of stock; or
(4) To make, or participate in making, policy decisions relative to the operations of the
business.
(e) "Marijuana" shall have the same definition as that contained in Health and Safety Code §
11018 as sometimes amended.
(f) "Medical marijuana" shall have the same definition as that contained in Health and Safety
Code § 11362.5 et seq., as sometimes amended.
(g) "Primary caregiver" shall have the same definition as that contained in Health and Safety
Code § 11362.5 and 11362.7, as sometimes amended.
(h) "Qualified patient" shall have the same definition as that contained in Health and Safety Code
§ 11362.5 as sometimes amended.
(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.
(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.
(r) "Delivery" means the commercial transfer of medical cannabis or medical cannabis
products from a dispensary, up to an amount determined to be authorized by the State of
California, or any of its departments or divisions, to qualified patients and their caregivers, or a
testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform
owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of
California under the State law (as amended from time to time), that enables anyone to arrange
Ordinance No. NS-XXXX
75C-7 Page 3
for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical
cannabis products. For the purposes of this article, "delivery" does not include distribution or
purchase of cannabis from a licensed cultivator, and cannabis products from a licensed
manufacturer, for sale to a licensed dispensary or a wholesale establishment.
(s) "Dispensary' means a premises where medical cannabis or medical cannabis products, or
devices for the use of medical cannabis or medical cannabis products are offered, either
individually or in any combination, for retail sale, including an establishment that delivers,
pursuant to Business and Professions Code 6 19340, medical cannabis and medical cannabis
products as part of a retail sale.
(t) "Testing laboratory' means a facility, entity, or site in the City of Santa Ana that offers or
performs tests of medical cannabis or medical cannabis products and that is both of the following:
laboratory testing pursuant to State law.
"Testing laboratory" does not include or allow cultivation as it relates to testing and
research.
(u) "Responsible person" means any of the following:
(1) A person who causes a Code violation to occur.
(2) A person who maintains or allows a Code violation to continue, by his or her action or
failure to act.
(3) A person whose agent, employee, or independent contractor causes a Code violation
by its action or failure to act.
(4) A person who is the owner of, and/or a person who is a lessee or sub lessee with the
current right of possession of, real property where a property -related Code violation
occurs.
(5) A person who is the on-site manager of a business who normally works daily at the
site when the business is open and is responsible for the activities of such premises.
Section 4. Section 18-613 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-613. - Operating Standards.
Ordinance No. NS-XXXX
75C-8 Page 4
(a) At all times the collective is open, a collective shall provide at least one security guard who is
licensed, possesses a valid Department of Consumer Affairs "security guard card", and has a
valid Santa Ana Business License.
(b) The security guard and collective personnel shall monitor the site and the immediate vicinity
of the site to assure that patrons immediately leave the site and not consume medical
marijuana in the vicinity of the collective or on the property or in the parking lot.
(c) Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code
hA lmrnmtpd to one
and may not be
externally or internally illuminated. Interior signage or advertising may not be visible from the
exterior. Collectives and dispensaries must comply with the advertising and marketing
provisions of Business and Professions Code 4§_2L6150-26155.
(d) No recommendations from a doctor for medical marijuana shall be issued on-site.
(e) There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of
food, alcohol, tobacco or marijuana by patrons.
(f) Hours of operation shall be limited to: Meaday gatacday 10:00 a.m. to 12 a.m. (midnight)
(g) The property provides a sufficient odor absorbing ventilation and exhaust system so that odor
generated inside the property is not detected outside the property, anywhere on adjacent
property or public rights-of-way, or within any other unit located within the same building as
the collective.
(h) A collective shall only dispense medical marijuana to qualified patients and their caregivers
as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall
include possession of an original valid doctor's recommendation, not more than one (1) year
old, for medical marijuana use by the patient.
(i) A collective shall notify patrons of the following both verbally and through posting of a sign in
a conspicuous location:
(1) Use of medical marijuana shall be limited to the patient identified on the doctor's
recommendation. Secondary sale, barter or distribution of medical marijuana is a crime
and can lead to arrest.
(2) That loitering on and around the collective site is prohibited by California Penal Code §
647(e) and that patrons must immediately leave the site and not consume medical
marijuana in the vicinity of the collective or on the property or in the parking lot.
(3) Forgery of medical documents is a felony crime.
(4) A warning that patrons may be subject to prosecution under federal marijuana laws.
(5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle
or operate machinery.
0) A collective shall not provide marijuana to any individual in an amount not consistent with
personal medical use.
Ordinance No. NS-XXXX
75C-9 Page 5
(k)
GGI1eGted or; that bUSiRess da Reserved.
(1) No one under twenty-one (21) years of age shall be permitted to enter establishment, unless
such person is a qualified patient and is accompanied by his or her primary caregiver,
licensed attending physician, parent(s) or documented legal guardian.
(m) A collective shall provide the name and phone number of an on-site staff person to the police
department and the Code Enforcement Division of the
Planning and Building Agency for notification if there are operational problems with the
establishment.
(n) Each collective operator(s) and employees shall complete a criminal background check.
Employees, managers or volunteers may not have been convicted of, or plead guilty/no-
contest to a felony or misdemeanor drug charge within the past four (4) years.
(o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the
marijuana plant may be kept or maintained on-site for distribution to qualified patients and
primary caregivers as follows:
(1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana
for consumption on-site, however, upon provision to a qualified patient or primary
caregiver, that person may use the cuttings to cultivate marijuana plants off-site for their
own use and they may also return marijuana from the resulting mature plant for
distribution by the collective.
(2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut
from a marijuana plant, which is no more than six (6) inches in length, and which can be
used to grow another plant in a different location.
(p) A collective shall comply with applicable provisions of the California Health and Safety Code
§§ 11362.5 through 11362.83, inclusive.
(q) If food is distributed, the collective shall comply which with all relevant state laws and city
ordinances pertaining to the preparation, distribution and sale of food.
(r) The location, interior and exterior, shall be monitored at all times by web -based closed-circuit
television for security purposes. The camera and recording system must be of adequate
quality, color rendition and resolution to allow the ready identification of any individual
committing a crime anywhere on or adjacent to the location. The recordings shall be
maintained for a period of not less than ninety (90) days. The police department may request
the recordings in connection with an investigation. If the recordings are not voluntarily
provided, the police department may seek a warrant or court order for the recordings.
(s) The location shall have a centrally -monitored fire and burglar alarm system and the building
or the portion of the building where the collective is located shall contain a fire -proof safe.
(t) No manufacture of concentrated cannabis in violation of California Health and Safety Code
section 11379.6 is allowed.
(u) No collective shall operate for profit. Cash and in-kind contributions, reimbursements, and
reasonable compensation provided by members towards the collective's actual expenses of
the growth, cultivation, and provision of medical marijuana shall be allowed provided that
Ordinance No. NS-XXXX
Page 6
75C-10
they are in strict compliance with State Law. All such cash and in-kind amounts and items
shall be fully documented.
(v) If the collective operator is not the owner of the property where the collective is to operate,
the operator shall provide evidence that the property owner(s) consent to the operation of a
collective on the property.
(x) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire
Code, and the maximum occupancy load shall be posted at the main entrance.
Section 5: Section 18-615 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read as follows:
Sec. 18-615. - Zones permitted.
(a) Collectives. No collective shall operate within a residential (R-1, R-2, R-3, R-4, RE, CR)
zone, Professional (P) zone, Arterial Commercial (C-5) zone, Planned Shopping Center (C-4)
zone, Specific Development (SD), Specific Plan (SP) or Agricultural (A-1) zone. A Collective may
only operate in an Industrial zone (M-1, M-2) in accordance with this article.
permitted under Chapter 41 of the Santa Ana Municipal Code, including where specified in any
specific development, specific plan, or other special development areas.
Section 6: Section 18-617.5 of Article XIII of Chapter 18 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 18.617.5. - Audits.
Annual audits. No later than €ebFuary-15 June 30 of every year, each collective shall file
with the city one (I ) sepy-ef an audit or financial review of its operations of the previous
calendar year. The form and contents of the document shall be specified by the Executive
Section 7: Section 18-618 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-618. - Inspection and enforcement responsibilities.
The GOMMURity pFeseFVatIGR division Code Enforcement Division of the Planning and
Building Agency may enter and inspect the location of any collective between the hours of 10:00
a.m. and 8:90 p.m. 12:00 a.m. (midnight), or at any reasonable time, to ensure compliance with
this article. In addition, a designated unit within the police department may enter and inspect the
Ordinance No. NS-XXXX
75C-11 Page 7
location of any collective and the recordings and records maintained as required by this article,
except that the inspection and copying of private medical records shall be made available to the
police department only pursuant to a properly executed search warrant, subpoena, or court order.
It is unlawful for any owner, responsible person, landlord, lessee, member (including but not
limited to a member engaged in the management), or any other person having any responsibility
over the operation of the collective to refuse to allow, impede, obstruct or interfere with an
inspection, review or copying of records and closed-circuit monitoring authorized and required
under this article, including but not limited to, the concealment, destruction, and falsification of
any recordings, records, or monitoring.
Section 8: Section 18-620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-620. - Compliance with this article and state law.
(a) It is unlawful for any person to:
(i) Cause, permit or engage in the cultivation, possession, distribution or giving
away of marijuana, or
(ii) Own establish, operate, use or permit the establishment or operation of a
medical marijuana collective or cooperative, or to participate as an employee,
contractor, agent, responsible person or volunteer of a collective or cooperative,
except as provided in this article, and pursuant to any and all other applicable local
and state laws.
vehicle, or other mode of transportation.
(b) It is unlawful for any person to cause, permit or engage in any activity related to
medical marijuana except as provided in Health and Safety Code Sections 11362.5 et
seq., and pursuant to any and all other applicable local and state laws.
(c) It is unlawful for any person to knowingly make any false, misleading or inaccurate
statements or representations in any forms, records, filings or documentation required to
be maintained, filed or provided to the city under this article, or to any other local, state or
federal government agency having jurisdiction over any of the activities of collectives.
(d) It shall be the sole responsibility of the members engaged in the management of
the collective to ensure that the collective is at all times operating in a manner compliant
with all applicable state laws and this article. Nothing in this article shall be construed as
authorizing any actions which violate state law with regard to the cultivation,
transportation, provision, and sale of medical marijuana.
(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
Ordinance No. NS-XXXX
75C-12 Page
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;
(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:
Ordinance No. NS-XXXX
75C 3
Page 9
(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;
(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.
dispensary may deliver medical marijuana only to a residence of a qualified patient or
caregiver. Medical marijuana delivery services by dispensaries possessing regulatory
or county that does not expressly prohibit it by ordinance. Delivery services by
dispensaries not in possession of regulatory safety permits is expressly prohibited.
Section 9: Section 18-621 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended to read in full as follows:
Sec. 18-621. - Violation and enforcement.
A. Violation/enforcement.
Each and every violation of this article shall constitute a separate violation and shall
be subject to all remedies and enforcement measures authorized by this Code.
Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive
relief, revocation of the collective's registration, revocation of the certificate of occupancy
for the location, disgorgement and payment to the city of any and all monies unlawfully
obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or
remedy available at law or equity. The city may also pursue any and all remedies and
actions available and applicable under local and state laws for any violations committed by
the collective and persons related or associated with the collective.
Ordinance No. NS-XXXX
75C-14 Page 10
B. Suspension or revocation.
When the Chief of Police finds that any person holding a regulatory safety permit
under the provisions of Chapter 18 has violated the provisions of this chapter or is found
revocation shall become effective until the regulatory safety permit holder has been
effective only upon decision of the city council. Otherwise, the revocation shall become
effective after the timely appeal period has passed.
Section 10: Section 18-622 of Article XIII of Chapter 18 of the Santa Ana Municipal Code
is hereby added to read in full as follows:
Sec. 18-622. — Transfer of Ownership.
A. Upon the transfer of any interest in a collective/cooperative, the regulatory safety permit
shall be null and void. Any person, firm or entity desiring to own or operate the
collective/cooperative shall make a new application. Prior to or concurrent with the
with before the doing of any act or thing for which it is required. A fee as established by
resolution of the city council shall be payable for each such application involving transfer of
safety permit for premises previously used as such establishment.
B. Any such transfer of any interest in an existing collective/cooperative or any application
for an extension or expansion of the building or other place of business of the
collective/cooperative shall require inspection and compliance with section 18-618 of this
chapter.
C. The owner or operator of a collective/cooperative shall be responsible for notifying the
city of any intention to rename change management, or convey the business to another
Person/entity. Notification to the City must be made a minimum of sixty (60) days prior to
such transfer.
Section 11: Section 18-622-649 of Article XIII of Chapter 18 of the Santa Ana Municipal
Code is hereby amended to read in full as follows:
Secs. 18.6223-18-649. - Reserved.
Ordinance No. NS-XXXX
75C-15 Page 11
Section 12. 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 day of
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: ✓1�,�
Lisa Storck
Assistant City Attorney
AYES
Miguel A. Pulido
Mayor
Councilmembers:
NOES: Councilmembers:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
2017.
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- to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75C-16
Ordinance No. NS-XXXX
Page 12