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NS-2728
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NS-2728
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Last modified
1/3/2012 1:00:49 PM
Creation date
10/19/2006 1:09:45 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2728
Date
10/16/2006
Destruction Year
PERM
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<br />specifically describes and reports to the Council the measures staff has taken to <br />alleviate the conditions which led to the adoption of the initial moratorium ordinance. <br /> <br />M. The City Council has held a duly noticed public hearing prior to its consideration of <br />this emergency ordinance providing for an extension of the moratorium ordinance <br />and has considered all of the written and oral testimony offered concerning whether <br />to adopt this emergency ordinance. <br /> <br />N. The city council finds, determines and declares that the current and immediate threat <br />to the public health, safety and welfare of the city and its citizens necessitates the <br />immediate enactment of the ordinance. The facts constituting such urgency are set <br />forth in paragraphs A-N of this ordinance. <br /> <br />O. The City Council further finds that this ordinance constitutes a matter of citywide <br />importance and is not directed towards nor targeted at any particular parcel of <br />property or proposed occupant. <br /> <br />Section 2. Prohibition <br /> <br />No medical marijuana dispensary, whether as a primary or ancillary use, shall be <br />established, constructed, permitted or expanded in the City of Santa 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 or <br />otherwise provide medical marijuana to two or more individuals who can be <br />classified as the following: a qualified patient, a person with an identification car, <br />or a primary caregiver. For the purposes of this ordinance, the terms "primary <br />caregiver," "qualified patient," and "person with an identification card" shall have <br />the same meaning as that set forth in Health and Safety Code Section 11362.5 et <br />seq. <br /> <br />B. "Primary use" shall mean a use that is not an ancillary use. <br /> <br />C. "Ancillary use," shall be defined as that term is defined in section 41-13.5 of the <br />Code <br /> <br />Section 4. Pursuant to section 415 of the city's charter, this interim ordinance <br />is introduced, passed and adopted at the same meeting and shall take effect <br />immediately. It shall be effective for a period of one (1) year from the date of its <br />adoption, and thereafter shall be null and void. <br /> <br />Ordinance No. NS-2728 <br />Page 4 of 6 <br />
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