provisions of this section shall apply to any person, firm, or entity applying for a Regulatory Safety Permit for premises previously used as such establishment.
2. Any such transfer of any interest in an existing commercial cannabis business or any application for an extension or expansion of the building or other place of business of the commercial cannabis retail business shall require inspection and compliance with section 40-11 of this article.
3. The owner or operator of a commerc ial cannabis business 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.
Sec. 40-14. Limitations on the city's liability.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this article or the operation of any commercial cannabis business approved pursuant to this chapter. As a condition of approval of a Regulatory Safety Permit as provided in this chapter, the applicant or its legal representative shall:
1. Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis business or the prosecution of the applicant or business or its members for violation of federal or State laws;
2. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his or her designee;
3. Name the City as an additionally insured on all City required insurance policies;
4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a Regulatory Safety Permit; and,
5. Agree to indemnify and reimburse the City for any court costs and attorney fees that the Cit y may be required to pay as a result of any legal challenge related to this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
Sec. 40-15. Fees and taxes.
All commercial cannabis businesses shall pay applicable fees and taxes, which shall include one (1) or more of the following:
1. Application Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business. These fees
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may be divided into two (2) fees according to Registration Application Fee (Phase 1) and RSP Application Fee (Phase 2).
2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non- refundable fee to cover the cost of processing an application renewal annually.
3. Business License Taxes. The business owner shall at all times maintain a current and valid City of Santa Ana business license and shall pay all business license taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated assessments as may be required pursuant to ordinances of the City of Santa Ana and/or the Santa Ana Municipal Code.
4. Operating Agreement Fees.
5. Additional cannabis -specific gross receipts, excise taxes, or other municipal tax approved by the voters of the City of Santa Ana.
6. All required state taxes including sales and use taxes, business/franchise or income taxes, payroll taxes, etc.
7. All required federal taxes.
Section 7. Article XIII of Chapter 18 of the Santa Ana Municipal Code (Medicinal Marijuana Collectives/Cooperatives) is hereby deleted in its entirety, renamed “Reserved,” and re- adopted and amended as Article II of Chapter 40 of the Santa Ana Municipal Code to read as “Regulation of Commercial Cannabis Medicinal Retail Activities” as follows:
ARTICLE II. – RE
GULATION OF COMMERCIAL CANNABIS MEDICINAL RETAIL
ACTIVITIES
Sec. 40-100. Purposes and intent.
It is the purpose and intent of this article to regulate the col lective distribution of medical marijuana at a commercial cannabis retail business in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collecti vely. Businesses operating as m edical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code, State Law, the 2008 California Attorney General Guidelines for the Security and Non- Diversion of Marijuana Grown for Medical Use, and all other applicable local laws. Nothing in this article purports to permit activities that are otherwise illegal under state or local law.
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Sec. 40-101. Definitions.
(a) "Medical marijuana collective" or "cooperative" or "collective" means any facility otherwise known as a commercial cannabis medicinal retail or retailer, 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 § 11362.5 et seq., as sometimes amended. This term shall include any legal form of business recognized in the State of California. 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.
(b) "Identification card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended.
(c) "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;
(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.
(d) "Marijuana" shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended.
(e) "Medical marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended.
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(f) "Primary caregiver" shall have the same definition as that contained in Health and Safety Code §§ 11362.5 and 11362.7, as sometimes amended. (g) "Qualified patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended.
(h) "Private Residence" shall have the same definition as that contained in Health and Safety Code §§ 11362.2(5) and 17922. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. (i) "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. (j) "Marijuana Products" shall have the same definition as that contained in Health and Safety Code § 11018.1.
(k) "Marijuana Accessories" shall have the same definition as that contained in Health and Safety Code § 11018.2.
(l) "Personal Cultivation" shall mean the planting, growing, harvesting, drying, curing, grading or trimming of marijuana plants for personal use within a private residence or accessory structure to a private residence.
(m) "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 (1) or more lockable doors.
(n) "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 § 19340, medical cannabis and medical cannabis products as part of a retail sale.
Sec. 40-102. Scope of article.
The operating standards established in this article apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in this
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Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries.
Sec. 40-103. Operating Standards.
(a) No recommendations from a doctor for medical marijuana shall be issued on-site. (b) 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. (c) A collective shall notify patrons of the following 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.
(d) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use
(e) 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.
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(f) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive.
Sec. 40-104 Medical Marijuana Waitlist and Waitlist Termination. (a) Pursuant to Ordinance No. NS -2864, adopted December 9, 2014, t he Director of Planning and Building shall prepare Cooperative/Collective registration application forms and a related administrative policy. Each collective interested in operating pursuant to this article may submit an application together with a non- refundable processing fee in an amount established by the City Council. Within 60 days after the adoption of Ordinance No. NS-2864, the Director shall stop accepting applications and process all applications received.
(b) The Director or his or her designee shall have determine d whether each application demonstrates compliance with this article. Each application that is in compliance with this article shall be placed on the "Qualified Registration Applicant List" and the Director shall notify the applicant in writing that it is a "Qualified Registration Applicant."
(c) Once all applications are processed, the Director shall have held an independent selection process ("lottery") in an open and public location and select 20 applications.
The 20 applications chosen through the independent selection process (lottery) will be placed on the "Regulatory Safety Permit ("RSP") Eligibility List." Each applicant on the RSP Eligibility List may then choose to file an application for a RSP pursuant to section 40-9. All applicants identified on the RSP Eligibility List following the February 5, 2015 independent selection process (lottery) shall be required to concurrently: (1) File an application for an RSP and (2) Submit all required construction plans for plan check by the City by March 30, 2023, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and be operational with sustained business activity within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in subsection (d). Relocation is permitted pursuant to Section 40-7 of this Chapter.
(d) Qualified Registration Applicants will appear on the "Qualified Registration Applicant List" in the order that they are selected during the independent selection process (lottery). This list is the Waitlist. The Waitlist will become active if (1) an applicant on the RSP Eligibility List is disqualified from that List; (2) a location appearing on the RSP Eligibility List becomes available; or (3) a location not appearing on the RSP eligibility list becomes available. A Qualified Registration Applicant's ability to move from the Waitlist to the RSP Eligibility List is determined by the applicant's proposed medical marijuana collective location and the applicant's position on the Waitlist.
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(e) A Qualified Registration Applicant that moves from the Waitlist to the RSP Eligibility List must submit a completed RSP application within three (3) months following issuance of a written notice advising the applicant of that opportunity. Failure to submit a completed RSP application by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist.
(f) The Director shall maintain the Waitlist and update it on an annual basis unless terminated pursuant to subsection 40- 104 (g) through (j) . A Qualified Registration Applicants on that Waitlist must submit a written request each year to maintain its status on the waitlist.
(g) Upon the effective date of this Ordinance on January 1, 2023, the City shall no longer maintain any eligibility or Waitlist and shall terminate the Waitlist and provide written notice to all individuals and/or entities on the Waitlist at least 180 calendar days in advance of the Waitlist’s termination. The notice shall contain details about each individual’s and/or entity’s position on the Waitlist and information about any upcoming applications being accepted for new commercial cannabis adult-use or medicinal retail selection processes as per the process outlined in Section 40-9 , subject to the processes and procedures promulgated in Article I of this Chapter. No new medicinal retail applications shall be accepted following termination of the Waitlist. (h) In no event shall the City begin accepting applications for new commercial cannabis retail businesses before the 180- day written notification to all affected individuals and/or entities on the Waitlist.
(i) Upon termination of the Waitlist, any operating adult-use commercial cannabis retailer with a valid RSP may also sell medicinal retail cannabis in full accordance with any State licensing requirements.
(j) Relocation of an exis ting and licensed medical marijuana collective or medical marijuana cooperative as defined in Article II of this Chapter that is operating in full compliance with the provisions of this Article is permitted subject to Section 40- 7 of this Chapter.
Sec. 40-105. Maintenance of records.
A medical marijuana collective shall maintain records at the location accurately and truthfully documenting:
(a) The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location;
(b) The full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the management of the collective;
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(c) The full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government -issued identification card for all patient members;
(d) The full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical;
(e) All receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; and (f) Proof of compliance with the California Attorney General Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use.
These records shall be maintained by the collective for a period of five (5) years and shall be made available by the collective to the police department and/or community preservation division upon request. If they are not produced as requested the city may seek a search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fireproof safe. Any loss, damage or destruction of the records shall be reported to the police department within twenty-four (24) hours of the loss, destruction or damage.
Sec. 40-106. Audits – Cooperatives/Collectives.
Annual audits. No later than September 30 of every year, each licensed medical marijuana collective shall be liable to file with the city an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed collectives which operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XII of this Code, or that are co-located on shared premises may file a consolidated audit or independent financial review. The form and contents of the document shall be specified by the executive director of finance and management services, or his/her designee(s). The Executive Director of Finance and Management Services, or his or her designee(s) may waive this requirement for certain licensed collectives in accordance with guidelines established by the Finance and Management Services Agency.
Sec. 40-107. Applicability to existing medical marijuana operations.
Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article.
No medical marijuana collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this article, and such medical marijuana collective,
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dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status.
Sec. 40-108. Compliance with this article and state law. (a) It is unlawful for any person to:
i. Cause, permit or engage in the 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.
iii. The prohibition in subsection (ii) above includes, renting, leasing, or otherwise permitting a medical marijuana business to occupy or use a location, 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 § 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 twenty-one (21) years of age or older may plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants for personal (non-commercial) 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;
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iii. Marijuana in excess of tw enty-eight and one- half (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 cannabis is prohibited anywhere in the City except as allowed and regulated in Article I of this Chapter.
(3) Outdoor Cultivation. Outdoor 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 o utdoor commercial cultivation of marijuana in the City.
(4) 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, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. 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; (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, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code.
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(f) A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professio ns Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited.
(g) Non-Retail Commercial Cannabis Businesses for Medicinal and Adult -Use Cannabis as defined in Article I of Chapter 40 of the Santa Ana Municipal Code (SAMC) are permitted subject to the regulations and standards contained within Chapter 40 of the SAMC.
Section 8. Section 21-127 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows:
Sec. 21- 127. - Marijuana collectives/cooperatives— Annual business license tax assessment.
(a) Annual business license tax assessment for marijuana collectives/cooperatives. (1) Every collective/cooperative whether it is organized or conducted as a "not for profit" business, a "non- profit" business, or a "for -profit" business, shall pay an annual business license tax in accordance with Chapter 21 and the sections and subsections hereunder.
(2) For the purposes of this article, a marijuana collective/cooperative is defined in section 18-611 40-101(b) and is considered to be a business as that term is defined in section 21-3.
(3) For the purposes of this article, a collective/cooperative is not considered to be a religious or charitable organization.
(4) "Medical marijuana collective/cooperative" or "collective/cooperative" shall mean any activity regulated or permitted by chapter 18 40. (5) For the purposes of this article, a marijuana collective/cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49.
(6) For the purposes of this article, a "nonprofit organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub- Chapter F (commencing with
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Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a collective/cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in a ny manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in-kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of valu e obtained by a collective/cooperative. The term "gross receipts" shall also include the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or
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taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following:
(i) The cost of tangible property sold or bartered;
(ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or
(iii) The cost of transportation of the marijuana, or other property or product.
(b) Business license tax rates for marijuana collectives/cooperatives. (1) Every collective/cooperative, excepting a qualified "nonprofit organization," whether it is organized or conducted as a "not for profit" busines s, a "non- profit" business, or a "for -profit" business, shall pay a separate business license tax at a rate of up to ten (10) percent of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax shall not be adjusted for inflation pursuant to section 21-121.
(2) Notwithstanding the maximum tax rate of ten (10) percent of gross receipts imposed under subsection (b)(1), the city council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all marijuana collectives/cooperatives, as defined in such or dinance, subject to the maximum rate of ten (10) percent of gross receipts. The city council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1).
(3) Effective January 1, 2018, the gross receipts tax initially set at a rate of five (5) percent pursuant to subsection (b)(1), shall be increased to a rate of six (6) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This t ax rate shall not be adjusted for inflation pursuant to section 21-121.
(4) As part of the gross receipts tax imposed by this article, each collective/cooperative shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each separate branch location or separate property location of the business.
(c) Modification, repeal or amendment. The city council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The city council may likewise
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by ordinance adopt and add additional provisions to any other article of this chapter and relate them to this article, or amend any existing provisions of any article of this chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the city council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration—Rules, regulations, and guidelines; interpretation/clarification. In order to aid in the city's collection of taxes due under this article and to ensure that all marijuana collectives/cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this chapter with the provisions of this article in any manner not inconsistent with the intent of this art icle and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such i nterpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions—Exemptions.
(1) The provisions of this article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of marijuana collective/cooperative business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five (5) days during any calendar year.
(2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting collective/cooperative activi ties, the business tax payable by such person may be apportioned by the collector in accordance with this chapter.
(f) Reporting and remittance. Beginning as set forth in subsection (k) below, and monthly thereafter, each marijuana collective/cooperative (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a collective/cooperative.
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The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31st day of March of the following year. In the case of a new collective/cooperative the minimum basic rate gr oss receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one-quarter (¼) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued.
(g) Delinquent date—Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.
(h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the city, shall not entitle any person to carry on any collective/cooperative unless the person has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any collective/cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such collective/cooperative is in violation of any law.
(2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and feder al law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any collective/cooperative business activity in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this chapter. The carrying on of any collective/cooperative without complying with all the provisions of
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this article shall constitute a separate violation of this chapter for each and every day that such collective/cooperative is so carried on.
(j) Classification of business license assessment type—Term and renewal. The business license issued to marijuana collectives/cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) and shall be subject to renewal in accordance with sections 21- 72(c), 21-73(c), and 21-77.
(k) Operative date. Upon the approval by the majority of the voters of the city at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all marijuana collectives/cooperatives.
(l) Operative date of increased or decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5) percent pursuant to subsection (b)(1) [(Ordinance No. NS -2864, Section 5, adopted 12-9- 14)] shall be increased to a rate of six (6) percent effective January 1, 2018, pursuant to subsection (b)(3) [(Ordinance No. NS- 2930, Section 8, adopted 11-21-17)].
Section 9. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows:
Sec. 21-133. Commercial cannabis businesses—Annual business license tax assessment.
Every person engaged in a “commercial cannabis business” or “commercial cannabis activity” shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as medicinal cannabis retail businesses) which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 18-611(n) 40-101(b) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period:
(1) Up to ten percent (10%) of each dollar of gross receipts received or generated for each monthly reporting period.
(2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one- twelfth (1/12th) of the annual tax rate amount.
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(b) These tax rates shall not be adjusted for inflation pursuant to section 21- 121 of this Chapter.
(c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates applica tion to specific commercial cannabis business activities shall be have been established as follows: by city ordinance [(Ordinance No. NS-2962, Section 2 (Exhibit A -1), adopted 11 -6-18; and Ordinance No. NS - 2972, Section 7, adopted 9 -3-19)] and by the following resolutions as referenced hereinbelow in subsections (s), (t), and (u).
Commercial Cannabis Business Activity Gross Receipts
Tax Rate
Gross Square
Footage Tax Rate
Adult-use Cannabis Retail Business (including Delivery) 8% $25.00 Cultivation 6% $10.00
Distribution 6% $4.00
Manufacturing 6% $10.00
Testing Facility or Testing Laboratory (effective December 21, 2018 through June 30, 2019)
5% $ 1.50
Testing Facility or Testing Laboratory (effective beginning July 1, 2019)
1% $ 1.50
With respect to C commercial cannabis businesses not having a fixed place of business within the city but conducting regular, non-incidental commercial cannabis business activities within the city, such businesses shall be subject to the gross receipts tax rate(s) as set out in the table above pursuant to this Article based on the category/categories of commercial cannabis activity conducted. However, such out- of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s).
(e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial
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cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. Provided that commercial cannabis microbusinesses shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis business conducted at the same location.
(f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activates shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council.
(g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a “specified exemption” or “specified exclusion” from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter.
(i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult-use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price.
(j) Definitions. For purposes of this Article, the following terms have the following meanings:
(1) “Adult-Use cannabis retail business” as defined in section 40- 2(4) of this Code.
(2) “Commercial Cannabis Activity” as defined in section 40-2(9) of this Code. (3) “Commercial cannabis business” as defined in section 40- 2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales.
(4) “Cultivation” as defined in section 40-2(11) of this Code. (5) “Delivery” as defined in section 40-2(13) of this Code.
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(6) “Distribution” as defined in section 40-2(16) of this Code. (7) "Gross receipts" – section 21-3 of this Chapter notwithstanding, “gross receipts” for the purposes of this Article shall mean:
(A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in- kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannab is or any transaction related thereto.
(B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included;
(F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof;
(G) The amount of any California state cannabis excise tax or state cannabis cultivation tax included in the price of the product; (H) “Gross receipts" shall not include the following:
i. The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge.
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ii. Any California state, county, or city sales or use tax, including any add-on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale; or
iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including but not limited to: furniture, fixtures, and busi ness equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business’ operation, and/or proceeds from the sale or transfer of cannabis business’ retail or commercial cannabis business.
v. The amount of interparty sales and/or transfers of goods within a single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one or more said commercial cannabis business licensee(s) and one or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21-131.2 and/or section 21-142.
(I) ”Gross receipts" shall be calculated without any deduction on account of any of the following:
i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense;
iii. The cost of transportation of cannabis, or other property or product;
iv. The amount of any federal or state income or franchise taxes; and
v. Any other business costs or expenses, unless otherwise specifically exempted.
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(8) “Gross Square f oot” or “gross square footage” for the purposes of this Article shall mean:
(A) In the case of commercial cannabis businesses licensed by the state to engage in an adult-use cannabis retail business, the gross number of square feet comprising the adult -use ca nnabis retail property location as confirmed by the corresponding “approved building set” or “approved certificate of occupancy” on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whet her such adult -use cannabis retail business is part of an on- site vertically or horizontally integrated cannabis business or not.
(B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under “canopy”, whether such sum is greater or lesser than the gross square footage as stated in the “approved building set” or “approved certificate of occupancy”, and whether such commercial cannabis cultivati on business is part of an on-site vertically integrated cannabis business or not. “Canopy” shall mean the designated area(s) of a premise that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separ ated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface ar ea of each level shall be included in the total canopy calculation.
Canopy shall be subject to independent measurement and
calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annual ly thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector.
Whenever an independent canopy measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee’s canopy is desirable to effectuate the proper assessment or collection of the business license taxes
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required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council.
(C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not occupying the same premises with another cannabis business , the gross number of square feet as confirmed by the corresponding “approved building set” or “approved certificate of occupancy” on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated.
(D) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all uses is less than, equal to, or greater than the gross square footage as stated in the “approved building set” or “approved certificate of occupancy”.
The number of square feet allocated (“Allocated Square Footage”) shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deeme d necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee’s allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business’ property location as confirmed by the corresponding
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“approved building set” or “approved certificate of occupancy” on file with the City of Santa Ana Planning and Building Agency, whichever is the greater.
(9) “Manufacturing” as defined in section 40-2(22) of this Code.
(10) “Microbusiness” as defined in section 40-2(24) of this Code.
(11) “Consumption Lounge” as defined in section 40-2(39.1) of this Code.
(1210) “Retail businesses” as defined in section 40-2(40) of this Code. (13) “Shared manufacturing” as defined in section 40-2(22.5) of this Code. (14) “Temporary Consumption Event” and “Temporary Consumption Festival” as defined in section 40-2(39.2 and 39.3) of this Code. (1511) ”Testing Facility” or “Testing Laboratory” as defined in section 40-2 (44) of this Code.
(1612 ) “Wholesale" as defined in section 40-(46) of this Code. (k) Modification, repeal or amendment . The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein.
(l) Administration—Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such
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interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. (m) Occasional transactions— Exemptions.
(1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of tra nsacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. (n) Reporting and remittance.
(1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business’ property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one-twelfth (1/12th) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector.
(2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a commercial
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cannabis business license or other city permit to operate as a commercial cannabis business.
(3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one- quarter (¼) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date—Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article.
(p) Business license tax certificate/receipt —Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on.
(q) Classification of business license assessment type—Term and renewal . The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77.
(r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses.
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(s) Operative date of decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5%) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be decreased to a rate of one (1%) percent by resolution of the City Council [Santa Ana City Council Resolution No, 2019- 068 as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become retroactively effective July 1, 2019.
(t) Operative date of decreased gross receipts tax rate. The gross receipts tax set initially at a rate of six (6 %) percent for cultivation, manufacturing, and distribution pursuant to subsection (d) above shall be decreased to a rate of one (1%) percent by resolution of the City Council [Santa Ana City Council Resolution No, 2022-XXX] as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become effective January 1, 2023.
(u) Operative date of decreased square footage tax rate. The square footage tax set initially at a rate of ten ($10) dollars per square foot for cultivation and manufacturing, and four ($4) dollars per square foot for distribution pursuant to subsection (d) above shall be decreased to a rate of seven ( $7) dollars per square foot for cultivation, three ($3) dollars per square foot for manufacturing, three ($3) dollars per square foot for distribution, ($1.50) per square foot for testing, and to a rate of zero ($0) dollars per square foot for shared manufacturing by resolution of the City Council [Santa Ana City Council Resolution No, 2022-XXX ] as hereinabove provided for in accordance with subsection (c), which reduced rates, under the terms of said City Council resolution, shall become effective January 1, 2023.
Section 10. Section 21-13 5 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows:
Sec. 21- 135. - Single property location; multiple state licenses; separate city business licenses.
Sections 21-7, 21 -8, and 21-9 of this chapter notwithstanding, separate city business licenses, issuable to commercial cannabis businesses pursuant to this article, shall be required for each separate type of commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state, or for which a state license has been approved or issued.
Provided, however, that commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state as a microbusiness, or for which a state license has been approved or issued as a microbusiness, shall in such case be required to obtain a separate city
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business license business for each of the commercial cannabis activities transacted and carried on.
S ection 11. 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 sectio ns, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 12. Thi
s Ordinance shall become effective January 1, 2023.
Section 13. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
A
DOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers: __________________________________
NOES: Councilmembers:__________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _____________, 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 Sa nta Ana on ________________, 2022 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
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RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING A COMMERCIAL CANNABIS TAX
CATEGORY AND ESTABLISHING RELATED GROSS
RECEIPTS AND SQUARE FOOTAGE TAX RATES FOR
CONSUMPTION LOUNGE S AND TEMPORARY
CONSUMPTION/SPECIAL EVENTS AND REDUCING THE
COMMERCIAL CANNABIS GROSS RECEIPTS AND
SQUARE FOOTAGE TAX RATES FOR CULTIVATION
ACTIVITIES, DISTRIBUTION ACTIVIES, AND
MANUFACTURING ACTIVITIES (INCLUDING SHARED
MANUFACTURING)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. In November 2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized specified personal use and cultivation of marijuana for adults 21 years of age or older.
B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult-use (also called recreational) marijuana.
C. On November 21, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult-use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/ cooperatives to operate within the City pur suant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code.
D. In 2018, the City Council adopted Ordinance Nos. NS-2941 and NS-2942, allowing and regulating commercial cannabis businesses.
E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage serves to generate essential
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funds for protecting vital City services and facilities and places such businesses on more equal footing with existing City businesses, including medical marijuana businesses.
F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720 et seq.
G. The voters of the City of Santa Ana approved Measure Y (Ordinance No.
NS-2962) on November 6, 2018, for the purpose of fixing the rate of tax ation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees.
H. On September 3, 2019, the City Council adopted Ordinance No. NS-2972 amending certain sections of chapters 21 of the Santa Ana Municipal C ode allowing vertical and horizontal integration of cannabis businesses; updating ownership transfers procedural standards and requirements, security deposits, and various administrative processes; updating and streamlining regulatory components; reducing cannabis testing taxes to greater amount of one (1%) percent of gross receipts or $1.50 per square foot; and adopting a canopy measurement and square footage allocation service fee.
I. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community.
J. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe and tested cannabis to residents. To ensure safe and tested cannabis, the City desires to see the establishment and successful operation of cultivation, distribution, and manufacturing (including shared manufacturing and microbusiness) facilities in the City.
K. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code establishes initial and current commercial cannabis gross receipts tax and square footage tax rates by reference to the authorizing ordinances and resolutions, the content of which are presented in condensed tabular format as follows:
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Resolution No. 2022-XXX
Commercial Cannabis Business
Activity
Gross Receipts
Tax Rate
Gross Square
Footage Tax Rate
Adult-use Cannabis Retail
Business (including Delivery, but
not including Consumption
Lounges and Temporary
Consumption and/or Special
Events) (effective beginning
December 21, 2018)
8% $ 25.00
Consumption Lounges and
Temporary Consumption and/or
Special Events) (effective
beginning January 1, 2023)
8% $ 0.00
Cultivation
(effective December 21, 2018
through December 31, 2022)
6% $ 10.00
Cultivation
(effective beginning January 1,
2023)
1% $ 7.00
Distribution
(effective December 21, 2018
through December 31, 2022)
6% $ 4.00
Distribution
(effective beginning January 1,
2023)
1% $ 3.00
Manufacturing
(effective December 21, 2018
through December 31, 2022)
6% $ 10.00
Manufacturing
(effective beginning January 1,
2023)
1% $ 3.00
L. Section 21-133(c) of Article XIII of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower commercial cannabis tax rate it deems appropriate.
Section 2. The City Council hereby establishes: (1) the consumption lounge and temporary consumption/special events gross receipts tax rate; (2 ) the commercial cannabis cultivation gross receipts tax rate; ( 3) the manufacturing (including shared manufacturing) gross receipts tax rate; and (4) the distribution gross receipts tax rate at one (1%) percent, lowering it from six (6%) percent. The reduced one (1%) percent gross receipts tax rate for cultivation activities, manufacturing (including shared manufacturing) activities, and distribution activities shall become effective January 1, 2023.
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Resolution No. 2022-XXX
Section 3. T he City Council hereby establishes: (1) the consumption lounge and temporary consumption/special events and shared manufacturing square footage tax rate at zero ($0) dollars per square foot; (2) the commercial cannabis square footage tax rate for cultivation activities at seven ($7) dollars per square foot and for manufacturing activities at three ($3) dollars per square foot (lowering both from ten ($10) dollars per square foot); and (3) the commercial cannabis square footage tax for distribution activities at three ($3) per square foot ( lowering it from four ($4) per square foot). The reduced seven ($7) per square foot tax rate for cultivation activities , the reduced three ($3) per square foot tax rate for manufacturing activities, the reduced zero ($0) per square foot tax rate for consumption lounge and temporary consumption/special events and shared manufacturing, and the reduced three ($3) per square foot tax rate for distribution activities shall become effective January 1, 2023.
Section 4 . This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____ da
y of ___________________, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Chief Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers _
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Resolution No. 2022-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ________, Clerk of the Council, do hereby certify the attached Resolution No. 2022 - _____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2022.
Date:
Clerk of the Council
City of Santa Ana
City Council
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Resolution No. 2022-XXX
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING: (1) A MAP OF COMMERCIAL
CANNABIS ELIGIBLE AREAS IN WHICH COMMERCIAL
CANNABIS BUSINESSES AS DEFINED AND REGULATED
BY CHAPTERS 21 AND 40 OF THE SANTA ANA MUNICIPAL
CODE MAY OPERATE; (2) THE NUMBER OF PERMITTED
COMMERCIAL CANNABIS RETAIL BUSINESSES; (3) THE
NUMBER OF ANNUALLY PERMISSIBLE TEMPORARY
CONSUMPTION EVENTS ; AND (4) THE COMMUNITY
BENEFIT, SUSTAINABLE BUSINESS PRACTICES, AND
SOCIAL EQUITY PLAN TEMPLATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:
A. On December 9, 2014, following voter approval, the City Council adopted Ordinance No. NS-2864 to regulate the establishment, operation, and taxation of medical marijuana collectives and cooperatives in the City. The ordinance was originally known as and subsequently became referred to as “Measure BB.”
B. In November 2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized specified personal use and cultivation of marijuana for adults 21 years of age or older.
C. In 2017, the Governor signed into law Senate Bill 94, also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) , establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult-use (also called recreational) marijuana.
D. On November 21, 2017, the City Council adopted Ordinance No. NS-2929, creating Chapter 40 of the Santa Ana Municipal Code and allowing adult-use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter
40. Since 2014, the City has allowed medicinal marijuana collectives/cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code.
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Resolution No. 2022-XXX
E. Since its inception, Chapter 40 has required all commercial cannabis business operators to engage in providing community benefits and sustainable business practices through execution of an operating agreement and accompanying Community Benefit and Sustainable Business Practices plan, with the intent of ensuring commercial cannabis businesses remain engaged in providing direct benefits to the Santa Ana community.
F. In 2018, the City Council adopted Ordinance Nos. NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories, and Ordinance No. NS- 2944, allowing commercial cannabis cultivation, manufacturing, and distribution activities.
G. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinanc es, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community.
H. Measure BB and subsequent ordinances specified that commercial cannabis business activity is permitted in the City’s light and heavy industrial zoning districts (M1 and M2) and must be located 1,000 feet from schools, parks, and properties zoned for residential uses. Proposition 64 subsequently set a minimum separation of 600 feet but allowed local jurisdictions to adopt lower or higher separation requirements.
I. The City Council recognizes those entities that have remained on the Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40 -104, and those entities that were scored as part of the merit-based selection process in Section 40-
9. J. Following redevelopment of industrial properties east of the Costa Mesa (SR-55) Freeway, the City Council adopted a map of commercial cannabis eligible areas on March 20, 2018 in which commercial cannabis business activities could locate subject to full compliance with applicable local, County, and State regulations.
K. Since the last adoption of the map, the increasing demand for industrial properties in Santa Ana following the COVID-19 pandemic has reduced the availability of commercial cannabis eligible properties in the industrial zoning districts, creating strain on cannabis business applicants, other business types, tenants, and property owners. In order to offer clarity and expansion opportunities to commercial cannabis business owners, the City desires to update the map to specify the exact parcels on which commercial cannabis business activities are permitted. The map is based on the original 1,000-foot buffer from sensitive land uses, including schools, parks, and residential zoning districts.
L. The City of Santa Ana desires to maintain commercial cannabis businesses in locations adequately buffered from sensitive land uses such as schools, parks, and
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Resolution No. 2022-XXX
properties zoned for residential uses, while maintaining a sufficient amount of properties eligible to apply for and operate a commercial cannabis business.
M. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe, locally produced and retailed, and tested cannabis to residents and visitors.
N. The rise in commercial cannabis business activity in California, coupled with an increase in consumer base both Citywide and regionally, requires the City to adopt a proactive approach to allowing and regulating commercial cannabis business activity, including ensuring that consumers of commercial cannabis retail products are educated in responsible consumption and have safely designed and monitored settings in which retail cannabis may be purchased and consumed.
O. On September 20, 2022, the City Council conducted a duly noticed public hearing to consider Ordinance Amendment No. 2022-01, which includes amendments to Chapters 18, 21, and 40 of the Santa Ana Municipal Code; a change to cannabis tax rates for non- retail (cultivation, distribution, and manufacturing) commercial cannabis businesses; and the subject resolution.
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, the adoption of the above 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. Santa Ana is a built-out, urbanized community, and the uses permitted and regulated by this Ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code.
The uses permitted and regulated by this ordinance will not lead to any cumulative or unforeseen impacts. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance.
Section 3. T
he City Council hereby establishes the map of commercial cannabis eligible areas, included here as Attachment A, and referenced in Santa Ana Municipal Code Sections 40- 2, 40-5, and 40-6. This map reflects the original 1,000-foot distance from properties c ontaining schools, parks, and properties zoned for residential uses, but is now parcel-specific to offer clarity to property and business owners.
Section 4. The City Council hereby establishes the minimum number of commercial cannabis retail businesses as 30 and the maximum number at 35. Any additional commercial cannabis retail businesses permissible following adoption and effectiveness of this Resolution shall be subject to the application and permitting process established by Santa Ana Municipal Code Section 40-9.
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Resolution No. 2022-XXX
Section 5 . The City Council hereby establishes the maximum number of temporary consumption events, as defined by Santa Ana Municipal Code Section 40- 2 (39.2) and regulated by Santa Ana Municipal Code Section 40- 8 (11), as two (2) per commercial cannabis retail business per calendar year.
Section 6
. The City Council hereby adopts the Community Benefit, Sustainable Business Practices, and Social Equity Plan template, attached hereto as Attachment B.
Section 7
. This Resolution shall take effect upon the effectiveness of Ordinance No. NS-____ on January 1, 2023.
A
DOPTED this ____ day of ___________________, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John Funk
Chief Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
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Resolution No. 2022-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _____________________, Clerk of the Council, do hereby certify the attached Resolution No. 2022 - _____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2022.
Date:
Clerk of the Council
City of Santa Ana
City Council
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91 9/20/2022
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EUCLID ST
BRISTOL ST
EDINGER AV
SUNFLOWER AV
WARNER AV
RED HILL AV
HARBOR BLVD
RAITT ST
RAITT ST
WARNER AV
1ST ST
1ST ST 1ST ST
SEGERSTROM AV
FAIRVIEW
ST
FAIRVIEW ST
BRISTOL ST
MAIN ST
MAIN ST
ALTON AV
EDINGER AV
EDINGER AV
DYER
RD
MC FADDEN AV
MC FADDEN AV
GRAND AV
DYER RD
FLOWER ST
FLOWER ST
WARNER AV
MACARTHUR BLVD
MACARTHUR BLVD
BROADWAY
BROADWAY
Map 3
Map 1
Map 2
Heritage
Elem
Russell
Elem
Newhope
Elem
MacArthur
Fundamental
Intmd
Jackson
Elem
Fitz Intmd
Lincoln
Elem
Adams
Elem
Cesar E.
Chavez High
Harvey Elem
Century High
Diamond Elem
Franklin
Elem
Edward B.
Cole
Academy
Carr
Intmd
Greenville
Fundamental Elem
Godinez
Fundamental
High School
Madison
Elem
Jefferson
Elem
ThorpeFundamental
Kennedy
Elem
Lorin
Griset
Academy
Sepulveda
Elem
Lathrop
Intmd
Lowell
Elem
McFadden
Intmd
Martin
Elem
Esqueda Elem
King
Elem
Heninger
Elem
Monte
Vista
Elem
Monroe
Elem
Edison
Elem
Villa
Fundamental
Intmd
Pio
Pico
Elem
Saddleback
High
Santa
Ana
High
Segerstrom
High
Taft
Elem
Roosevelt
Elem Walker
Elem
Valley High
Washington
Elem
Mitchell Child
Development
Center
Saint
Anne
Saint
Barbara
Elem
Mater Dei
High School
Calvary
Chapel High
Maranatha
Christian
Academy
Ari Guiragos
Minassian
Armenian
Bethel
Baptist
School of
Our Lady
Adams
Park
Angels
Community Park Birch Park
Bomo
Koral
Park
Centennial
Regional
Park
Delhi
Park
Friendship
Park
Heritage
Park
Jerome
Park
Lillie
King
Park
Madison
Park
McFadden
Triangle
Park
Memorial
Park
Myrtle
& Raitt
(Proposed)
Neal
Machander
Tennis Center
Pacific
Electric
Park
Sandpointe
Park
Santa
Ana Zoo at
Prentice Park
Santa
Anita
Park
Segerstrom
Triangle ParkCarl
Thornton
Park
Windsor
Park
Roosevelt
Community
Center Park
Familias Corazones
Verdes Park
McFadden/
Standard Field
Maple
Occidental
Exercise Park
Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications.
I
Map Creation Date: 9/13/2022
City of Santa Ana - GIS Section 1000 ft Buffer
Commercial Cannabis Business
(Medicinal & Adult-Use)
Zoning Index Map
0 ½ 1
Miles
Legend
Schools
Parks
1000 ft Buffer from Schools, Parks, and Residential
Eligible Parcels
M1 - Light Industrial
M2 - Heavy Industrial
P - Professional
Specific Developments (SD8, SD69, SD74, SD85)
Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible.
Attachment A
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SEGERSTROM AV
WARNER AV
FAIRVIEW ST
MACARTHUR BL
SUNFLOWER AV
HARBOR BL
Harvey Elem
Godinez
Fundamental
High School
Thorpe
Fundamental
Segerstrom
High
Valley
High
Mitchell Child
Development
Center
Calvary
Chapel High
Maranatha
Christian
Academy
Greenville
FundamentalElementary
Centennial
Regional
Park
Legend
Schools
Parks
1000 ft Buffer from Schools, Parks, and Residential
Eligible Parcels
M1 - Light Industrial
M2 - Heavy Industrial
P - Professional
Specific Developments (SD8, SD69, SD74, SD85)
Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications.
Commercial Cannabis Retail
(Medicinal & Adult-Use)
Zoning Availability Map 1 of 3
Note: No Adult-Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co-location. 1000 ft Buffer
I
0 500 1,000
Feet
Map Creation Date: 9/13/2022
City of Santa Ana - GIS Section
Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible.
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M
AJESTIC
DR
PARTON
AV
HARVEY
AV
M
ACARTHUR PL
AURORA AV VAN NESS AV
BIRCH ST
ALPINE AV
PARTON AV
BELL AV
KELLER AV
KELLER AV
CENTRAL AV
WILLIS ST BLAIR AV
GOETZ AV
CENTRAL AV
BELL AV
GARNSEY ST
ALPINE AVALPINE AV
ALPINE AV
TIM
BER ST
TIM
BER ST
OLIVE ST
OLIVE ST
OLIVE ST
OLIVE ST
OLIVE ST
HUTTON
CENTRE DR
SIERRA AV
CURIE AV
JUNIPER AVJUNIPER AV
ORANGE AV
BIRCH ST
BIRCH ST
BIRCH ST
BIRCH ST
BINE
ALTON AV
KELLER AV
KELLER AV
TIM
BER ST
TIM
BER ST
RITCHEY ST
RITCHEY ST
COLUMBINE AV
STANELY
KILSON DR
DAIMLER ST
DAIMLER ST
DAIMLER ST
LYON ST
FIRST AMERICAN WY
FIRST AM
ERICAN W
Y
FLORA ST
FLORA ST
NOBEL AV
NOBEL AV
HICKORY ST
HALLADAY ST
HALLADAY ST
HALLADAY ST
HALLADAY ST
CARNEGIE AV
JUNIPER
OAK ST
OAK ST
OAK ST
ALDER ST
CENTRAL AV
CENTRAL AV
CAROL AV
CAROL AV
PL
PL
STEVENS AV STEVENS AV
STEVENS AV
GOETZ AV
DEERE AV
HARVEY AV
M
APLE ST
M
APLE ST
COLUMBINE AV
COLUMBINE AV
LOW
ELL ST
LOW
ELL ST
LOW
ELL ST
LOW
ELL ST
DURYEA AV
SIERRA
SIERRA
W
RIGHT ST
PARTON ST
GARRY AV
GARRY AV
PULLMAN
CYPRESS AV
CYPRESS AV
ROSS ST
ROSS ST
ROSS ST
PULLMAN ST
PULLMAN ST
PULLMAN ST
STANDARD AV
ROUSSELLE ST
AV
AV
AV
AV
AV
AVAV
AV
AV
AV
AV
AV
AV
AV
CARRIAGE DR
CATHERINE WY
HATHAW
AY ST
ANAHURST PL
ST
ST
ST
ST
ADAMS STADAMS ST
EMMETT ST
GARNSEY ST
GARNSEY ST
GARNSEY ST
MURPHY AV
ORANGE AV
ORANGE AV
SY
CAMORE
ST
YOUNG ST
EVERGREEN ST
EVERGREEN ST
BROADWAY PL
ORION
ORION
MACARTHUR PL
SYCAM
ORE ST
SYCAM
ORE ST
PASTEUR
TOW
NER ST
TOW
NER ST
TOW
NER ST
TOW
NER ST
TOW
NER ST
BROWNING
STEVENS
SANDPOINTE
WOODLAND AV
TEAKW
OOD ST
W
OODLAND PL
RAM
ONA DR
RAM
ONA DR
RAM
ONA DR
RAM
ONA DR
MCGAW AV
BRADFORD
M
ACARTHUR
ROSS
AURORA AURORAAURORA
BROADW
AY
MURPHY
COLUM
M
EASOR
ROWLAND
COWAN
MAYWOOD
M
ACARTHUR PL
WARNER AV
RED HILL AV
WARNER AV
M
AIN ST ALTON AV
DYER RD
DYER RD
FLOW
ER ST
MACARTHUR BLVD
COSTA MESA (55) FWY
MacArthur
Fundamental
Intmd
Esqueda Elem
Monroe
Elem
SaddlebackHigh
TaftElem
Washington
Elem
BomoKoralPark
Delhi
Park
Lillie
King
Park
Sandpointe
Park
SegerstromTriangle Park
Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications.
Commercial Cannabis Retail
(Medicinal & Adult-Use)
Site Availability Map 2 of 3
Note: No Adult-Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co-location. 1000 ft Buffer
Legend
Schools
Parks
1000 ft Buffer from Schools, Parks, and Residential
Eligible Parcels
M1 - Light Industrial
M2 - Heavy Industrial
P - Professional
Specific Developments (SD8, SD69, SD74, SD85)
I
0 500 1,000
Feet
Map Creation Date: 9/13/2022
City of Santa Ana - GIS Section
Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible.
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?sE
WARNER AV
WARNER AV
EDINGER AV
MC FADDEN AV
GRAND AV
Century HighMadison
Elem
KennedyElem
VillaFundamentalIntmd
RooseveltElem
WalkerElem
DelhiPark
MadisonPark
SantaAna Zoo atPrentice ParkRooseveltCommunityCenter Park McFadden/Standard Field
MapleOccidentalExercise Park
Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications.
Commercial Cannabis Retail
(Medicinal & Adult-Use)
Zoning Availability Map 3 of 3
Note: No Adult-Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co-location. 1000 ft Buffer
I
0 500 1,000
Feet
Map Creation Date: 9/13/2022
City of Santa Ana - GIS SectionLegend
Schools
Parks
1000 ft Buffer from Schools, Parks, and Residential
Eligible Parcels
M1 - Light Industrial
M2 - Heavy Industrial
P - Professional
Specific Developments (SD8, SD69, SD74, SD85)
Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible.
City Council
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This Plan is a public record.
Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT O
PERATE unless a valid Permit is issued.
Commercial Cannabis Business
Community Benefit, Sustainable Business
Practices, and Social Equity Plan
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
www.santa-ana.org
Section 1: Business Information
Table 1
Item Information
Business Information
Business Legal Name
Business Doing Business As (DBA)
Business Address in Santa Ana
Regulatory Safety Permit (RSP) No.
RSP Issuance Date
RSP Expiration Date
Business Owner Name
Contact Information
Primary Contact Person Name
Primary Contact Person Phone
Primary Contact Person Email
Section 2: Community Benefit, Sustainable Business Practices, and Social Equity Plan
Pursuant to Santa Ana Municipal Code (SAMC) Section 40-1(C), all commercial cannabis businesses operating in Santa Ana are required to maintain a Community Benefit, Sustainable Business Practices, and Social Equity Plan o n file with the City in a format acceptable to the Executive Director of the Planning and Building Agency. Failure to maintain a plan and satisfy the obligations specified therein will result in review and possible suspension, revocation, citation, or other enforcement action. For more information on the City’s requirements for Community Benefit, Sustainable Business Practices, and Social Equity, please review SAMC Section 40-1(C).
B
eginning January 1, 2023, all commercial cannabis businesses are required to commit to spending one-half of one percent (0.50%) of gross reported earnings for the previous reporting year towards community benefit, sustainable business practices, and social equity obligations. Beginning January 1, 2024, all commercial cannabis businesses are required to commit to spending one percent (1.00%) of gross reported earnings for the previous reporting year towards community benefit, sustainable business practices, and social equity obligations.
Attachment B
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This Plan is a public record.
Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued.
Commercial Cannabis Business
Community Benefit, Sustainable Business
Practices, and Social Equity Plan
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
www.santa-ana.org
Please utilize the following sections to detail the business’s commitments to community benefits, sustainable business practices, and social equity measures. If additional space is required, please attach supplemental sheets to this form using the same format as Table 2 of this packet.
Table 2
Item Frequency or
Timeframe
Equivalent
Monetary Value
Detailed Description of
Measure or Activity
Community Benefits*
Local hiring
(Required)
Local sourcing
(Required)
Contributions to local
charitable or not-for-
profit organizations
(Required)
Sustainable Business Practices**
Energy Saving
(Required)
Water Saving
(Required)
Beginning January 1, 2025 - Social Equity Measures***
Employment
compensation for full-
time employees
above minimum
wage (Required)
City Council
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97 9/20/2022
This Plan is a public record.
Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued.
Commercial Cannabis Business
Community Benefit, Sustainable Business
Practices, and Social Equity Plan
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
www.santa-ana.org
Item Frequency or
Timeframe
Equivalent
Monetary Value
Detailed Description of
Measure or Activity
Measures to hire
part- and full-time
staff from
disadvantaged
communities
(Required)
Expenditures on
safety-related
equipment, training,
and services
(Required)
Workforce
development and
safety training for
employees
(Required)
*Minimum local hiring and local sourcing are strongly suggested; however, additional measures are permissible, such as engagement with local charitable or not-for-profit organizations, volunteer activities, etc.
**Minimum “green” technologies such as energy and water saving measures are strongly suggested.
However, other measures are permissible, such as transit and carpool incentives, healthy living practices, etc.
***Social equity measures are intended to result in improvements to disadvantaged communities, aiding those systemically and negatively affected by prior criminal or misdemeanor drug convictions, and creating new opportunities among owners, managers, employees, and other staff employed by the cannabis industry.
City Council
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98 9/20/2022
This Plan is a public record.
Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued.
Commercial Cannabis Business
Community Benefit, Sustainable Business
Practices, and Social Equity Plan
Planning and Building Agency
Planning Division
20 Civic Center Plaza
P.O. Box 1988 (M-20)
Santa Ana, CA 92702
(714) 647-5804
www.santa-ana.org
Section 3: Acknowledgement
I, ____________________, primary contact for ____________________, business owner for the commercial cannabis business named ____________________, located at ________________________________________________________ in Santa Ana, California, hereby acknowledge that the information presented on this Community Benefit, Sustainable Business Practices, and Social Equity Plan is accurate and enforceable by the City of Santa Ana pursuant to Chapter 40 of the Santa Ana Municipal Code as a condition of Regulatory Safety Permit issuance, renewal, and maintenance of the Regulatory Safety Permit in good standing. I also understand that documentation of gross reported annual earnings from the prior reporting year and satisfaction of these commitments is required as part of the annual Regulatory Safety Permit renewal process.
____________________ ____________________
Primary Contact Date
Signature
____________________ ____________________
Business Owner Date
Signature
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Exhibit 4
Recommended Commercial Cannabis Tax Rate Adjustments Table Commercial Cannabis Business Activity Gross Receipts Tax Rate
Gross Square
Footage Tax Rate
Consumption Lounges and Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) 8% $ 0.00 Cultivation
(effective December 21, 2018 through December 31, 2022) 6% $ 10.00 Cultivation
(effective beginning January 1, 2023) 1% $ 7.00
Distribution
(effective December 21, 2018 through December 31, 2022) 6% $ 4.00 Distribution
(effective beginning January 1, 2023) 1% $ 3.00
Manufacturing
(effective December 21, 2018 through December 31, 2022) 6% $ 10.00 Manufacturing
(effective beginning January 1, 2023) 1% $ 3.00
Shared Manufacturing
(effective beginning January 1, 2023) 1% $ 0.00
Microbusinesses
(Tax rates apply proportionally to microbusiness’ activities corresponding to Retail / Cultivation / Manufacturing / Distribution - effective September 3, 2019 through December 31, 2022)
Retail
8%
Cultivation,
Distribution &
Mfg.
6%
Retail
$ 25.00
Cultivation & Mfg.
$ 10.00
Distribution
$ 4.00
Microbusinesses †
(effective beginning January 1, 2023)
† $2,000 Basic Tax Rate assessment to be reduced for
microbusinesses to a single levy on a microbusiness’ dominant gross receipts activity.
Retail
8%
All Others
1%
Retail
$ 25.00
Cultivation
$ 7.00
Distribution & Mfg.
$ 3.00
Shared Mfg.
$ 0.00
Note:
• Shared manufacturers work in a shared-use facility operated by a commercial cannabis manufacturer. Shared manufacturers can:
• Extract cannabis using butter or cooking oils
• Make cannabis products through infusion
• Package and label cannabis
City Council
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100
9/20/2022
Exhibit 4
• Microbusiness are a single commercial cannabis businesses license type allowing for at least three of the following activities at one location:
1. Cultivation – up to 10,000 total square feet
2. Manufacturing – use of non-volatile solvents,
mechanical extraction or infusion
3 Distribution or distribution transport-only
4 Adult Use Retail – storefront or non-storefront. ‡
‡ - Santa Ana restricts to storefront retail, and only for pre-existing adult use retailers seeking to expand into a microbusiness.
City Council
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Exhibit 5 - Cannabis Comparative Tax Information
City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses
Santa Ana – Existing Adult-Use Retail 8% or $25/sf Non-discretionary. Regulatory safety permit (RSP), plus
building permits. No CEQA
review required.
No. Status quo. Retail: Cap 30, 27 active
Supply: No Cap, 37 active Medicinal Retail 6%
Cultivation 6% or $10/sf.
Distribution 6% or $4/sf
Manufacturing 6% or $10/sf
Testing 1% or $1.50/sf
Santa Ana – Proposed Adult-Use Retail 8% or $25/sf Non-discretionary. Regulatory safety permit (RSP), plus
building permits. No CEQA
review required.
Allow all retail storefront
dispensaries to have consumption
lounges in separate, designated
areas with air filtration. Indoor
consumption, including smoking,
permitted as per State. Outdoor
open-air smoking prohibited. Up to
6 total temporary/special
consumption events per year.
Santa Ana would be only city
between West Hollywood and
National City (San Diego
County) to allow consumption
lounges. Reduces taxes on
supply-side, slightly higher than
other cities, but keeps
streamlined and non-
discretionary process in place.
Retail: Cap 35
Supply: No change Medicinal Retail 6%
Cultivation 4% or $7/sf
Distribution 4% or $3/sf
Manufacturing 4% or $7/sf
Testing 1% or $1.50/sf
Corona
Adult-Use Retail 7% operational
fee, up to 9%
Discretionary. Competitive,
merit-based application
process
Not stated Storefront retailers must be
1,000 feet from sensitive uses;
non-storefront business types
must be 600 feet from sensitive
uses. Operational agreement
required
Retail: Cap 12, active 1
Supply: No cap, active 1
Medicinal Retail 7% operational
fee, up to 9%
Cultivation No
Distribution 5% operational
fee, up to 7%
Manufacturing 5% operational
fee, up to 7%
Testing 2% operational
fee, up to 3%
City Council
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Exhibit 5 - Cannabis Comparative Tax Information
City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses
Costa Mesa Retail 7% Discretionary. Conditional use
permit (CUP) and cannabis
permits required, plus building
permits. CEQA review also
triggered due to discretionary
process.
No. Would allow unlimited retail
businesses in all commercial
areas. No separation from
residential required, but 1,000-
foot separation from parks and
schools, and 600 feet from
youth centers.
Retail: No cap, 0 active
6-8 approved
15 in pipeline
Had 49 applications
Cultivation 1%
Distribution 1%
Manufacturing 1%
Testing 1%
Dana Point
Proposed
Adult-Use Retail 3.0% Voter initiative on November
8 ballot. Discretionary,
competitive process for retail
permits; process for other
business types to be
developed by the City.
Not stated Must be 750 feet from any
sensitive uses (schools,
daycares, youth centers and
certain parks) within the City,
and 600 feet from any sensitive
uses outside the City.
Up to 3 permits for retailers; no
required limit for non-retail
business types. Medicinal Retail 2.0%
Cultivation 1.0%
Distribution 1.0%
Manufacturing 1.0%
Testing 1.0%
Huntington Beach –
Proposed
Retail 6% City Council discretion to
adopt and amend business
and land use ordinances if
voters approve tax measure
on November 8, 2022.
Not discussed. Council would have
discretion to consider onsite
consumption as an allowed activity
if voters approve tax measure on
November 8, 2022.
1,000-foot buffer from schools,
parks, daycare and youth
centers.
Retail: Up to 10 permits
Supply: No cap, though Council
would have discretion to set a cap
if desired
Cultivation 1%
Distribution 1%
Manufacturing 1%
Testing 1%
Irvine Adult-Use Retail No Ministerial review for
completeness.
N/A Only testing laboratories are
allowed.
Testing: No cap, 3 active
Medicinal Retail No
Cultivation No
Distribution No
Manufacturing No
Testing No
City Council
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9/20/2022
Exhibit 5 - Cannabis Comparative Tax Information
City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses
La Habra
Adult-Use Retail 3.0% Discretionary. Competitive,
merit-based application
process, plus CUP,
Development Agreement and
other requirements.
Not stated Must be 600 feet from any
defined sensitive uses including
schools, daycares and youth
centers.
Allows 4 permits for non-
storefront retail, 4 distributors and
4 testing laboratories
Medicinal Retail 3.0%
Cultivation 6.0%
Distribution 1.125%
Manufacturing 6.0%
Testing 1.0%
Lake Forest Adult-Use Retail No Ministerial review for
completeness.
N/A Allows up to 2 permits for
cannabis testing laboratories
Retail: Not allowed
Supply: Not allowed
Testing: Cap 2, 2 in process, 0
active
Medicinal Retail No
Cultivation No
Distribution No
Manufacturing No
Testing No
Long Beach Adult-Use Retail 8% Retail allowed by right in commercial zones, CUP
required in industrial zones.
CUP for other types. CEQA
review triggered due to
discretionary process.
No. 1,000-foot separation between
dispensaries and from schools
and beaches; 600 feet from
parks, libraries, and daycare
centers.
Retail: Cap 32, 32 active
Supply: No cap, 141 active (DCC)
Currently drafting a revised
ordinance to allow for an
additional 8 equity retailers
Medicinal Retail 6%
Cultivation 1%
Distribution 1%
Manufacturing 1%
Testing 1%
Los Angeles (City) Adult-Use Retail 10% Ministerial review for completeness. Final selection
by lottery for cannabis
retailers.
No. Storefront retail must be 700
feet from schools, parks,
daycare, youth centers, drug
treatment facilities or other
cannabis retailers. Setbacks for
other cannabis business types
vary.
Retail: Cap; 284 active
Cultivation: Cap; 249 active
Supply: No cap, 541 active
Storefront retail licenses limited to
social equity applicants until 2025
Medicinal Retail 5%
Cultivation 2%
Distribution 1%
Manufacturing 2%
Testing 1%
City Council
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Exhibit 5 - Cannabis Comparative Tax Information
City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses
Los Angeles (County)
Proposed
Adult-Use Retail 10% Limited discretionary review Not determined 600’ setback from schools, daycares, parks, youth centers
and other cannabis retailers.
No outdoor cultivation allowed.
Storefront retail: Cap 25
Non-storefront retail: Cap 25
Cultivation: Cap 10
Manufacturing: Cap 10
Distribution: Cap 10
Initial permits reserved for social
equity applicants
Medicinal Retail 5%
Cultivation 2%
Distribution 1%
Manufacturing 2%
Testing 1%
Palm Springs Adult-Use Retail 10% Discretionary. Conditional use permit (CUP) and cannabis
permits required, plus building
permits. CEQA review also
triggered due to discretionary
process.
Yes. Allowed as part of a retail
storefront dispensary. Outdoor
smoking not permitted.
Unlimited number of retail
storefront dispensaries and
non-retail businesses, but
separation required between
storefront dispensaries.
Retail: No cap, 33 active (DCC)
Supply: No cap, 38 active (DCC) Cultivation $10/sf
Distribution 0%
Manufacturing 2%
Testing 0%
Stanton Adult-Use Retail 6.0% Competitive, merit-based
application process
Not stated Must be 400 feet from any
residentially zoned property
and 600 feet from other
sensitive uses such as schools,
daycares and youth centers.
4 licenses/category
4 Retail licenses could be online
within next 12 months
Medicinal Retail 6.0%
Cultivation $12/sf
Distribution 3.0%
Manufacturing 4.0%
Testing 2.5%
West Hollywood Adult-Use Retail 7.5% Discretionary. Business license commission, scoring process,
and cannabis permits
required, plus building
permits. CEQA review also
triggered due to discretionary
process.
Yes. Allowed as part of a retail
storefront dispensary. Outdoor and
indoor smoking permitted.
Allows 8 medicinal retailers, 8
adult use retailers, 8 delivery-
only retailers, 8 on-site
consumption (smoke and
vape), 8 on-site consumption
(edibles only).
Retail: Cap 24, 3 active, 8 in
process
Supply: None Medicinal Retail No cannabis tax
Cultivation 7.5%
Manufacturing 7.5%
Distribution N/A
Testing N/A
Alisa Viejo No No additional information
Anaheim No Potential future voter initiative
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Exhibit 5 - Cannabis Comparative Tax Information
City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses
Brea No No additional information
Buena Park No No additional information
Cypress No No additional information
Fountain Valley No No additional information
Fullerton No. Potential future voter initiative
Garden Grove No No additional information
La Palma No No additional information
Laguna Beach No No additional information
Laguna Hills No No additional information
Laguna Niguel No No additional information
Laguna Woods No No additional information
Los Alamitos No No additional information
Mission Viejo No Considered a ballot initiative
but chose to not move forward
Newport beach No No additional information
Orange No No additional information
Placentia No No additional information
Rancho Santa
Margarita
No No additional information
San Clemente No No additional information
San Juan Capistrano No No additional information
Seal Beach No No additional information
Tustin No No additional information
Villa Park No No additional information
City Council
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Exhibit 5 - Cannabis Comparative Tax Information
City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses
Westminster No Very early stages of exploring
the issue.
Yorba Linda No No additional information
*All retail cannabis sales would also be subject to all state and local sales taxes, other than sales to a person who presents a state-issued Medical Marijuana Identification Card (MMIC) at the time of purchase (less than 1% of sales). Any additional local transaction and use taxes would also apply unless specifically exempted by the local ordinance.
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City Council
www.santa-ana.org/city-council
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Community Meetings for Certain Development Projects as Required by the Sunshine Ordinance
TITLE
Discuss and Consider Directing the City Manager to Direct Staff to Draft a Revision of SAMC Section 2-153 to Clarify the Format of Community Meetings for Development Projects Required by the Sunshine Ordinance, Items to Provide to the City After a Community Meeting, and Timing of Providing Items to the City After a Community Meeting
DISCUSSION
Mayor Pro Tem Bacerra added the following councilmember requested item:
In order to ensure that consistent information about a development project is provided to all participants of a community meeting, SAMC Section 2-153(g) should be revised to further clarify the components of a presentation and the manner in which they are presented, such as a single presentation during the community meeting.
To provide further access to information to residents and stakeholders about a development project, the recording of the presentation provided during a community meeting should be added as an item that an applicant would be required to provide to the City after a community meeting in SAMC Section 2-153(h). The City would then post that video on the City’s website along with relevant information about the proposed development project. Minimum audio and video quality standards should also be included in the revision to SAMC Section 2-153(h), including closed captioning.
SAMC Section 2-153(b) indicates the penalty for the applicant failing to hold community meetings within the time stated in subsection (b). However, SAMC Section 2-153(h) does not state the penalty for an applicant who fails to provide the listed information within four days of the community meeting. Language should be added to SAMC Section 2-153 to clarify that not fulfilling the requirements in subsections (b) and (h) for the first community meeting after initial submittal of an application for administrative development project review would result in the City issuing a letter proclaiming the development application as incomplete and would delay the processing of an application for not fulfilling the requirements in subsections (b) and (h) for the second community meeting required by subsection (b).
City Council
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Community Meetings for Certain Development Projects as Required by the Sunshine Ordinance
September 20, 2022
3 9
8 This item was discussed with Steven Mendoza, Assistant City Manager; Minh Thai, Executive Director of the Planning and Building Agency; and Sonia Carvalho, City Attorney.
Submitted By: Mayor Pro Tem Phil Bacerra
City Council
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