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<br />ORDINANCE <br /> <br />EMERGENCY ORDINANCE OF THE CITY OF <br />SANTA ANA EXTENDING THE TEMPORARY <br />MORATORIUM ON THE CONSTRUCTION OR <br />ESTABLISHMENT OF MEDICAL MARIJUANA <br />DISPENSARIES <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of Santa Ana hereby finds, determines and <br />declares as follows: <br /> <br />A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana <br />Municipal Code do not specifically identify medical marijuana dispensaries as <br />land use or designate zoning districts throughout the City where medical <br />marijuana dispensaries may be permitted. <br /> <br />B. For this reason, on July 18, 2005, at a regularly scheduled public meeting the <br />City Council adopted Ordinance No. NS-2693, which established a <br />moratorium on the construction or establishment of a medical marijuana <br />dispensary (hereafter "the moratorium ordinance"). By its own terms the <br />moratorium ordinance expired 45 days following its adoption. <br /> <br />C. Thereafter, on August 15, 2006, at a regularly scheduled public meeting the <br />City Council, after holding a noticed public hearing, adopted Ordinance <br />No. NS-2694, which extended the moratorium ordinance. <br /> <br />D. Since the initial adoption of the moratorium ordinance, staff of the City has <br />conducted surveys of various cities to review ordinances and policies that <br />have been adopted by those cities. Staff research has disclosed that some <br />cities, such as Cypress, Costa Mesa, and Huntington Beach have adopted <br />ordinances that prohibit medical marijuana uses. Other cities, such as <br />Newport Beach, Buena Park, and Irvine, have opted to wait for clear legal <br />guidelines prior to the adoption of such an ordinance. As of October 6, 2005, <br />there were at least 56 California localities with moratoriums and 13 with <br />permanent bans. Additionally, there have been lawsuits filed against the <br />cities of Concord, Pasadena and Susanville, as well as Riverside County, in <br />response to their permanent ban ordinances. <br /> <br />E. Because of its age, current provisions of the Santa Ana Municipal Code fail to <br />fully take into account the potential impacts associated with the establishment <br />of medical marijuana dispensaries and fail to address the needs of the City <br />and its residents today and in the future. As such, provisions of the General <br />Plan and the Santa Ana Municipal Code ("the Code") need review, study and <br /> <br />Ordinance No. NS - XXX)( <br />Page 1 of 6 <br /> <br />750-3 <br />