10/28/2013 2:42:09 PM
2/18/2011 9:58:08 AM
City Clerk - Number
City Clerk - Category
File Reference No
Key Information 1
URGENCY MORITORIUM MEDICAL MARIJUANA DISPENSARIES
City Clerk - Destruction
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ORDINANCE NO. 6204 <br />AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM <br />EXTENDING ORDINANNCE NO. 6202 ADOPTING AN <br />INTERIM MEASURE IMPOSING A MORATORIUM ON <br />THE ESTABLISHMENT OF MEDICAL MARIJUANA <br />DISPENSARIES AND DECLARING THAT THIS <br />ORDINANCE IS AN EMERGENCY MEASURE WHICH <br />SHALL TAKE EFFECT IMMEDIATELY. <br />WHEREAS, on January 18, 2011 the City Council of the City of Anaheim <br />Council adopted interim Ordinance No. 6202 imposing a temporary moratorium on the <br />establishment of medical marijuana dispensaries; and <br />WHEREAS, the purpose of this interim urgency ordinance is to extend the <br />moratorium on the establishment and operation of medical marijuana dispensaries for an <br />additional ten (10) months and fifteen (15) days to permit staff to study (i) apparent conflicts in <br />state and federal laws concerning the use of marijuana for medical purposes; (ii) community and <br />statewide concerns regarding the establishment of medical marijuana dispensaries; (iii) the <br />nature and extent of the negative secondary effects and adverse impacts caused by medical <br />marijuana dispensaries; and (iv) what regulations would be necessary to protect the public health, <br />safety, and welfare if such facilities are permitted; and <br />WHEREAS, Section 400 of the City Charter vests the City Council with the <br />authority to make and enforce all laws and regulations with respect to municipal affairs subject <br />only to such restrictions and limitations as may be provided in the Charter or in the Constitution <br />of the State of California, and the power to exercise, or act pursuant to any and all rights, powers, <br />and privileges, or procedures granted or prescribed by any law of the State of California; and <br />WHEREAS, Government Code Section 65858(a) provides that after notice <br />pursuant to Government Code Section 65090 and public hearing, the City Council may extend an <br />interim ordinance adopted pursuant to Govermnent Code Section 65858 by a vote of four -fifths <br />(4/5) majority of the members of the City Council; and <br />WHEREAS, Section 511 of the City Charter provides for the adoption, as an <br />emergency measure, of an interim ordinance to preserve the public peace, health or safety if <br />passed by an affinnative vote of at least four (4) members of the City Council; and <br />WHEREAS, the City regulates land uses within the City limits pursuant to the <br />provisions of Title 18 of the Anaheim Municipal Code (the "Zoning Code "); and <br />WHEREAS, under the Zoning Code medical marijuana dispensaries are not an <br />enumerated use and the Zoning Code does not address or regulate in any manner the existence or <br />location of medical marijuana dispensaries within the City of Anaheim; and <br />
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