50A - EMERGENCY ORDINANCE MARIJUANA DISPENSARY USES

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1. Medical marijuana dispensaries established in other cities have been associated with increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to qualify for medical marijuana and other increases in criminal activity (San Francisco Chronicle, W. Buchanan, "San Francisco Operating With No Oversight, City Officials Debate How to Rein in Growth of the Shops and Those Who Abuse Prop. 215's Intent," April 24, 2005.) 2. Medical marijuana dispensaries if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. H. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of medical marijuana dispensaries may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such medical marijuana dispensaries to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. I. In response to the threat of unregulated medical marijuana dispensaries several California cities, including but not limited to the Cities of Newport Beach, Lake Forest, Huntington Beach, Long Beach, Ontario, Simi Valley, West Hollywood and San Francisco, have adopted similar moratoria to this Ordinance. J. The Request for Council Action for this ordinance dated July 18, 2005 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. K. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-I of this ordinance. Section 2. Prohibition No medical marijuana dispensary, whether as a primary or ancillary use, shall be established, constructed, permitted or expanded in the City of Santa Ana. Section 3. Definitions Ordinance No. NS - 2693 Page 3 of 5 50A-5