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75D - EMERGENCY ORD - MEDICAL MARIJUANA
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75D - EMERGENCY ORD - MEDICAL MARIJUANA
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Last modified
1/3/2012 4:43:44 PM
Creation date
10/11/2006 10:58:33 AM
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City Clerk
Doc Type
Agenda Packet
Item #
75D
Date
10/16/2006
Destruction Year
2011
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<br />amendments, general plan amendments or specific plan amendments which <br />may be adopted by the city as a result of the studies in that the establishment <br />or construction of medical marijuana dispensaries may be in conflict with or <br />frustrate the contemplated updates and revisions to the Code, general plans <br />or specific plans. Moreover, permitting such medical marijuana dispensaries <br />to be established or constructed during said studies and implementation <br />would create impacts on the public health, safety and welfare that the city <br />council, in adopting this ordinance, has found to be unacceptable. <br /> <br />L. The Request for Council Action for this ordinance dated October 16, 2006, <br />and duly signed by the City Manager shall, by this reference, be incorporated <br />herein, and together with this ordinance, any amendments or supplements, <br />and oral testimony constitute the necessary findings for this ordinance. This <br />Request for Council Action specifically describes and reports to the Council <br />the measures staff has taken to alleviate the conditions which led to the <br />adoption of the initial moratorium ordinance. <br /> <br />M. The City Council has held a duly noticed public hearing prior to its <br />consideration of this emergency ordinance providing for an extension of the <br />moratorium ordinance and has considered all of the written and oral testimony <br />offered concerning whether to adopt this emergency ordinance. <br /> <br />N. The city council finds, determines and declares that the current and <br />immediate threat to the public health, safety and welfare of the city and its <br />citizens necessitates the immediate enactment of the ordinance. The facts <br />constituting such urgency are set forth in paragraphs A-N of this ordinance. <br /> <br />O. The City Council further finds that this ordinance constitutes a matter of <br />citywide importance and is not directed towards nor targeted at any particular <br />parcel of property or proposed occupant. <br /> <br />Section 2. Prohibition <br /> <br />No medical marijuana dispensary, whether as a primary or ancillary use, <br />shall be established, constructed, permitted or expanded in the City of Santa <br />Ana. <br /> <br />Section 3. Definitions <br /> <br />For the purposes of this ordinance, the following terms shall be defined as <br />follows: <br /> <br />A. "Medical marijuana dispensary" shall mean any facility or location where a <br />primary caregiver intends to, or does, cultivate, make available, sell, give <br />or otherwise provide medical marijuana to two or more individuals who <br />can be classified as the following: a qualified patient, a person with an <br /> <br />Ordinance No. NS - XXX)( <br />Page 4 of 6 <br /> <br />750-6 <br />
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