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<br />12/14/2009 <br /> <br />interpretation or amendment, amendment to the City's General <br />Plan or Municipal Code, use permit, variance, building permit or <br />any other entitlement for use shall be approved or issued for the <br />establishment or operation of, and no person shall otherwise <br />establish, a medical marijuana collective, as that term is defined <br />below. <br /> <br />B. For the purpose of this ordinance, "medical marijuana collective" <br />includes any site, facility, location, use, cooperative, dispensary, <br />center, or business which distributes, sells, exchanges, <br />processes, delivers, gives away, or cultivates marijuana for <br />medical purposes to qualified patients, health care providers, <br />patients' primary caregivers, or physicians pursuant to <br />Proposition 215, Health and Safety Code section 11362.5 et <br />seq. as amended, or any state regulations adopted in <br />furtherance thereof. Marijuana shall also mean cannabis and all <br />parts of that plant. <br /> <br />SECTION 3. Compliance with California Environmental Quality Act <br /> <br />The City Council finds that this ordinance falls under the California <br />Environmental Quality Act (CEQA) exemption found at Title 14 California <br />Code of Regulations section 15061 (b) (3) because the temporary <br />prohibition of medical marijuana collectives does not have the potential to <br />significantly impact the environment. <br /> <br />SECTION 4. Effective Date <br /> <br />This ordinance is an interim ordinance and shall take effect and be <br />enforced immediately upon adoption. In accordance with California <br />Government Code section 65858, this ordinance shall be in full force and <br />effect for a period of forty-five (45) days from and after the date of its <br />adoption on December 14, 2009 and shall be of no further force and effect <br />unless this period is extended by the City Council in accordance with <br />California Government Code section 65858. <br /> <br />Ten days prior to the expiration of this interim ordinance or any <br />extension thereof, the City Council shall issue a written report describing <br />steps that have been taken to study the relevant issues and establish <br />policies and regulations for medical marijuana collectives within the City. <br /> <br />SECTION 5. Severability <br /> <br />If any section or portion of this ordinance is for any reason held to <br />be invalid and/or unconstitutional by a court of competent jurisdiction, such <br /> <br />Atty/Ord/Ord.327 <br />120309 <br /> <br />4 <br /> <br />2350 <br />FORMERLY MUFF # 205 <br />