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<br />ORDINANCE NS-272B <br /> <br />EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA <br />EXTENDING THE TEMPORARY MORATORIUM ON THE <br />CONSTRUCTION OR ESTABLISHMENT OF MEDICAL <br />MARIJUANA 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 declares as <br />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 land <br />use or designate zoning districts throughout the City where medical marijuana <br />dispensaries may be permitted. <br /> <br />B. For this reason, on July 1 B, 2005, at a regularly scheduled public meeting the City <br />Council adopted Ordinance No. NS-2693, which established a moratorium on the <br />construction or establishment of a medical marijuana dispensary (hereafter "the <br />moratorium ordinance"). By its own terms the moratorium ordinance expired 45 <br />days following its adoption. <br /> <br />C. Thereafter, on August 15, 2006, at a regularly scheduled public meeting the City <br />Council, after holding a noticed public hearing, adopted Ordinance No. NS-2694, <br />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 have been <br />adopted by those cities. Staff research has disclosed that some cities, such as <br />Cypress, Costa Mesa, and Huntington Beach have adopted ordinances that prohibit <br />medical marijuana uses. Other cities, such as Newport Beach, Buena Park, and <br />Irvine, have opted to wait for clear legal guidelines prior to the adoption of such an <br />ordinance. As of October 6, 2005, there were at least 56 California localities with <br />moratoriums and 13 with permanent bans. Additionally, there have been lawsuits <br />filed against the cities of Concord, Pasadena and Susanville, as well as Riverside <br />County, in response to their permanent ban ordinances. <br /> <br />E. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully <br />take into account the potential impacts associated with the establishment of medical <br />marijuana dispensaries and fail to address the needs of the City and its residents <br />today and in the future. As such, provisions of the General Plan and the Santa Ana <br />Municipal Code ("the Code") need review, study and possible revision in order to <br />respond to recent concerns relating to the impacts of medical marijuana <br /> <br />Ordinance No. NS-2728 <br />Page 1 of6 <br />