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ZOA No. 2007-04 and OA No. 2007-02 <br />September 24, 2007 <br />Page 4 <br />These concerns are discussed more fully in the CPCA report on medical <br />marijuana dispensaries, the E1 Cerrito Police Department memorandum, and <br />the Riverside District Attorney's White Paper. <br />The secondary effects outlined in the CPCA report and El Cerrito Police <br />Department memorandum (available upon request in the City Clerk's <br />office) are likely to occur in Santa Ana if medical marijuana <br />dispensaries are allowed to legally operate. Unlike the cities and <br />counties which have opted to not adopt ordinances addressing this issue, <br />Santa Ana has a broad zoning use classification of "retail and service" <br />uses (Santa Ana Municipal Code section 41-144) which would appear to <br />allow medical marijuana dispensaries. Accordingly, once the moratorium <br />expires and without a ban, medical marijuana dispensaries would be <br />allowed to operate in all specific development (SD) districts which <br />allow retail and service uses, as well as the city's Cl, C2, C3A, C4, <br />C5, and C-SM zones. Existing legal dispensaries would be allowed to <br />change to another retail use regardless of zone. <br />Therefore, an ordinance prohibiting medical marijuana dispensaries does <br />not conflict with any Federal or State legislation, and none have been <br />invalidated by court action. The proposed ordinance does not prohibit <br />medical marijuana use, but would protect the health, safety, and welfare <br />of Santa Ana residents and businesses-. <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act, this project <br />is Categorically Exempt from further review. <br />Hal y Soboleske <br />Associate Planner <br />HS:jm <br />hs\medical_Marijuana_Ordinance\zoa07-09oa07-02.pc <br />75A-9 <br />