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Zoning Ordinance Amendment No. 2007-04 <br />Ordinance Amendment No. 2007-02 <br />October 1, 2007 <br />Page 3 <br />dispensaries, while approximately another 100 have moratoria in effect. <br />Atascadero, Berkeley, Elk Grove, Hayward, Oakland, San Francisco, San <br />Jose, Santa Cruz, Santa Rosa, Visalia, West Hollywood, and Whittier are <br />among some of the cities that allow medical marijuana dispensaries in <br />specified zones. Los Angeles has allowed them in the past, but now has a <br />one year moratorium on new dispensaries in effect. <br />Currently, Long Beach, Corona, Mission Viejo, Newport Beach, Santa <br />Clarita, and Simi Valley, among about 100 others, still have moratoria in <br />place. Several other cities have opted not to address the issue at the <br />Council level, on the theory that (a) any land use not expressly <br />permitted by the zoning code is banned, and/or (b) no land use can be <br />legally established that violates federal law. These cities include <br />Orange, San Juan Capistrano, Burbank, and Glendale. <br />Numerous law enforcement agencies have expressed concerns regarding <br />medical marijuana dispensaries and cooperatives in their areas. The <br />California Police Chief's Association (CPCA} recently compiled a report <br />containing data from several jurisdictions which illustrates some of law <br />enforcement's complaints about these facilities: the facilities violate <br />federal law, street dealers often sell at lower prices to entice patients <br />away from dispensaries, non-residents travel to the city to purchase <br />marijuana, neighboring businesses have experienced a loss of customers, <br />there appears to be an increase in unreported crime to avoid negative <br />publicity, there have been robberies outside of and at the dispensaries, <br />there have been home invasion robberies of individuals who utilize or are <br />employed by the dispensaries, and patients selling to non-patients. In <br />addition, the media have investigated and reported about several <br />physicians suspected of providing prescriptions of medical marijuana when <br />they have not evaluated the patient's medical condition or the patient <br />has no serious medical condition that would warrant a prescription. <br />These concerns are discussed more fully in the attached CPCA report on <br />medical marijuana dispensaries, together with the E1 Cerrito Police <br />Department memorandum, the Riverside District Attorney's White Paper, and <br />the sworn declarations of various officials of the Anaheim Police <br />Department. <br />The secondary effects outlined in the CPCA report, the E1 Cerrito Police <br />Department memorandum and the Anaheim declarations are likely to occur in <br />Santa Ana if medical marijuana dispensaries are allowed to legally <br />operate. Unlike the cities and counties that have opted to not adopt <br />ordinances addressing this issue, Santa Ana has a broad zoning use <br />classification of "retail and service" uses (Santa Ana Municipal Code <br />section 41-144) which would appear to allow medical marijuana <br />dispensaries. Accordingly, without a ban, medical marijuana dispensaries <br />75A-3 <br />