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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. I. The City Council adopted a 45-day moratorium on medical marijuana dispensaries oil December 6, 2004, and this urgency ordinance will extend that moratorium fora 1-year period. 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, maybe approved ar issued for the establishment or operation of a medical marijuana dispensary for a period of 1 year. B. For purposes of this 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 sec . The definitions "primary caregiver", "qualified patient", and "person with an identification card" are as defined in Health and Safety Code Section 11362.5 et seg. C. For purposes of this ordinance, a "medical marijuana dispensar}~' 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 of the Health & Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a residential care facility for persons with chronic life-threatening illnesses l icensed 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 of the 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 of the public safety, health, and welfare. The facts constituting the urgency are: California cities that have permitted the establislunent 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 has recently received inquiries regarding the permitting and establishment of medical marijuana dispensaries within the City. The City of San Leandro does not currently have standards in the San Leandro Zoning Code related to the location, operation, and concentration of medical marijuana dispensaries within the City. Absent the adoption of this urgency ordinance, the establishment and operation ofinedical marijuana dispensaries in the City would result in the harmful secondary effects identified above. As a result of the harmful secondary effects associated with medical marijuana dispensaries, and the current and immediate threat such secondary effects pose to the public health, safety, and welfare, it is necessary to establish a 1-year moratorium on the establishment and operation of new medical marijuana dispensaries in the City pending the completion of the City's study of the potential impacts of medical marijuana dispensaries, and possible amendments to the City's Zoning Code. ORDINANCE NO. 2005-001