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H. The City Council finds that it is necessary to study the possible adoption of amendments to the City's Zoning Code in order to adopt legislation that conforms to the recently enacted SB 420 as well as recent state and federal case law. I. Based on the foregoing, the City Council finds that issuing permits, business licenses, or other applicable approvals allowing for the establishment and operation of medical marijuana dispensaries, prior to the completion of the City's study of the potential impact of such facilities, poses a current and immediate threat to the public health, safety, and welfare, and that therefore a temporary moratorium on the issuance of such permits, licenses, and other approvals is necessary. J. The City Council adopted a 45-day moratorium on medical marijuana dispensaries on December 6,2004, with a 12-month extension approved on January 18,2005. This final extension will allow for the maximum time permitted (until December 4,2006) under state law for urgency ordinances. Section 2. Imposition of Moratorium A. From and after the date the City Council adopts this interim urgency ordinance, no use permit, variance, building permit, or any other applicable approval for use, including, but not limited to, the issuance of a business license, may be approved or issued for the establishment or operation of a medical marijuana dispensary for a period of 10 months and 15 days (until December 4, 2006). B. For purposes ofthis ordinance, "medical marijuana dispensary" means any facility or location where a primary caregiver intends to make available, sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a qualified patient or a person with an identification card, or another primary caregiver in strict accordance with Health and Safety Code Section 11362.5 et seq. The definitions "primary caregiver", "qualified patient", and "person with an identification card" are as defined in Health and Safety Code Section 11362.5 et seq. C. For purposes ofthis ordinance, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 ofthe Health & Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 ofthe Health & Safety Code, a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health & Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 ofthe Health & Safety Code, as long as any such use complies strictly with all applicable laws. D. This ordinance is an interim ordinance adopted as an urgency measure, and is for the immediate preservation ofthe public safety, health, and welfare. The facts constituting the urgency are: California cities that have permitted the establishment of medical marijuana dispensaries have recognized that doing so has resulted in negative secondary effects such as an increase in crime, including burglary, robbery, and the sale of illegal drugs in the areas immediately surrounding medical marijuana dispensaries. The City of San Leandro continues to receive inquiries regarding ORDINANCE NO. 2006~02 2