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<br />the Charter of the City of Santa Ana. Any such restatement of existing <br />provisions of the Code is not intended, nor shall it be interpreted, as <br />constituting a new action or decision of the City Council, but rather such <br />provisions are repeated for tracking purposes only in conformance with <br />the Charter. <br /> <br />M. This ban on dispensaries does not impede the purpose of Compassionate <br />Use Act because it permits individual caregiver to patient relationships as <br />intended by Proposition 215. <br /> <br />N. Pursuant to the California Environmental Quality Act a statutory and <br />categorical exemption has been approved for this project. <br /> <br />Section 2. Article XIII is added to Chapter 18 of the Santa Ana Municipal Code <br />to read as follows: <br /> <br />Article XIII <br />Medical Marijuana Dispensaries <br /> <br />Sec. 18-610. <br /> <br />Purpose and Findings. <br /> <br />The City Council finds that federal laws prohibiting the possession, sale <br />and distribution of marijuana, and alternatively their undesirable secondary <br />effects, preclude the opening or operation of medical marijuana dispensaries <br />sanctioned by the City, and in order to serve public health, safety, and welfare <br />of the residents and businesses within the City, the declared purpose of this <br />article is to prohibit medical marijuana dispensaries as defined in this article. <br /> <br />Sec. 18-611. <br /> <br />Medical Marijuana Dispensary Defined. <br /> <br />(a) A medical marijuana dispensary is a facility or location, whether fixed or <br />mobile, where medical marijuana is made available to, distributed by, or <br />supplied to one or more of the following: (1) more than a single qualified <br />patient, (2) more than a single person with an identification card, or (3) more <br />than a single primary caregiver. The term "medical marijuana dispensary" <br />includes a medical marijuana cooperative. <br /> <br />(b) Unless otherwise regulated by this chapter or applicable law, a medical <br />marijuana dispensary shall not include the following uses: (1) a clinic licensed <br />pursuant to Chapter 1 of Division 2 of the California Health & Safety Code, (2) <br />a health care facility licensed pursuant to Chapter 2 of Division 2 of the <br />California Health & Safety Code, (3) a residential care facility for persons with <br />chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division <br />2 of the California Health & Safety Code, (4) a residential care facility for the <br />elderly licensed pursuant to Chapter 3.2 of the California Health & Safety <br />Code, (5) a residential hospice or home health agency licensed pursuant to <br /> <br />Ordinance No. NS-2758 <br />Page 4 of 7 <br />