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REQUEST FOR <br />Planning Commission Action <br />PLANNING COMMISSION MEETING DATE: <br />SEPTEMBER 24, 2007 <br />TITLE: <br />PUBLIC HEARING - ZONING ORDINANCE AMENDMENT <br />NO. 2007-04 TO AMEND CHAPTER 41 OF THE <br />SANTA ANA MUNICIPAL CODE TO DEFINE AND BAN <br />MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES <br />AND ORDINANCE AMENDMENT NO 2007-02 TO AMEND <br />CHAPTER 18 TO PROHIBIT MEDICAL MARIJUANA <br />DISPENSARIES <br />Prepared by Hally Soboleske <br />Executive Director <br />RECOMMENDED ACTION <br />Recommend that the City Council: <br />PLANNING COMMISSION SECRETARY <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Set Public Hearing For <br />DENIED <br />^ Applicant's Request <br />^ Staff Recommendation <br />CONTINUED TO <br />~~ ~ <br />Planning Man er <br />1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-04. <br />2. Adopt an ordinance approving Ordinance Amendment No. 2007-02. <br />DISCUSSION <br />Background <br />For the last two years the City Council has had a moratorium in place <br />banning medical marijuana dispensaries from opening in Santa Ana. The <br />moratorium expires on October 17, 2007. Under state law, such <br />moratoriums cannot generally be extended beyond two years. <br />The proposed ordinance would permanently ban medical marijuana <br />dispensaries. The proposed ban is directed toward storefront operations <br />that deal medical marijuana to individuals. It would not apply to state <br />licensed hospitals, residential care facilities, hospices or home health <br />agencies, because these uses offer generalized medical care or supportive <br />services to patients. <br />Because the City's Zoning Code has a very broad definition of retail and <br />service uses, the proposed ordinance would also list medical marijuana <br />dispensaries as a prohibited use in the City. <br />EXHIBIT 1 <br />75A-6 <br />