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<br />the permitting and establishment of medical marijuana dispensaries within the City. The City of San <br />Leandro does not currently have standards in the San Leandro Zoning Code related to the location, <br />operation, and concentration of medical marijuana dispensaries within the City. Absent the adoption <br />ofthis urgency ordinance, the establishment and operation of medical marijuana dispensaries in the <br />City would result in the harmful secondary effects identified above. As a result of the harmful <br />secondary effects associated with medical marijuana dispensaries, and the current and immediate <br />threat such secondary effects pose to the public health, safety, and welfare, it is necessary to establish <br />a I-year moratorium on the establishment and operation of new medical marijuana dispensaries in <br />the City pending the completion of the City's study of the potential impacts of medical marijuana <br />dispensaries, and possible amendments to the City's Zoning Code. <br /> <br />E. The Community Development Director, in conjunction with the City Manager, the <br />City Attorney, and the Chief of Police will continue to study the potential impacts of medical <br />marijuana dispensaries, and possible amendments to the City's Zoning Code related to this use <br /> <br />Section 3. <br /> <br />Compliance with California Environmental Quality Act <br /> <br />The City Council finds that this ordinance is not subject to the California Environmental Quality Act <br />("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project <br />as defined in Section 15378) ofthe CEQA Guidelines (Title 14, Chapter 3 ofthe California Code of <br />Regulations) because it has no potential for resulting in physical change to the environment, directly <br />or indirectly; it prevents changes in the environment pending the completion of the contemplated <br />Zoning Code review. <br /> <br />Section 4. <br /> <br />Severability <br /> <br />If any provision of this ordinance or the application thereof to any person or circumstance is held <br />invalid, the remainder of the ordinance, including the application of such part or provision to other <br />persons or circumstances shall not be affected thereby and shall continue in full force and effect. To <br />this end, provisions of this ordinance are severable. The City Council hereby declares that it would <br />have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof <br />irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, <br />sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. <br /> <br />Section 5. <br /> <br />Effective Date <br /> <br />This ordinance shall become effective immediately upon adoption if adopted by at least four-fifths <br />vote ofthe City Council and shall be in effect for 10 months and 15 days (until December 4, 2006) <br />from the date of adoption. Under state law, no further extensions ofthe ordinance will be available <br />after December 4, 2006. <br /> <br />ORDINANCE NO. 2006~02 <br /> <br />3 <br />