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licenses, or other applicable approvals allowing for the establishment and operation of medical <br />marijuana dispensaries, prior to the completion of the City's study of the potential impact of such <br />facilities, poses a current and immediate threat to the public health, safety, and welfare, and that <br />therefore a temporary moratorium on the issuance of such permits, licenses, and other approvals <br />rs necessary. <br />I. The Community Development Director, in conjunction with the City Manager, the <br />City Attorney, and the Chief of Police will immediately begin a study of the potential impacts of <br />medical marijuana dispensaries, and possible amendments to the City's Zoning Code related to <br />this use. <br />Section 2. Imposition of Moratorium <br />A. From and after the date the City Council adopts this interim urgency ordinance, no <br />use permit, variance, building permit, or any other applicable approval for use, including, but not <br />limited to, the issuance of a business license, maybe approved or issued for the establishment or <br />operation of a medical marijuana dispensary for a period of 45 days. <br />B. For purposes of this ordinance, "medical marijuana dispensar}~' means any facility <br />or location where a primary caregiver intends to make available, sell, transmit, give, or otherwise <br />provide medical marijuana to two or more of the following: a qualified patient or a person with <br />an identification card, or another primary caregiver in strict accordance with Health and Safety <br />Code Section 11362.5 et sec . The definitions "primary caregiver", "qualified patient", and <br />"person with an identification card" are as defined in Health and Safety Code Section 11362.5 et <br />seg. <br />C. For purposes of this ordinance, a "medical marijuana dispensary" shall not include <br />the following uses, as long as the location of such uses are otherwise regulated by applicable law: <br />a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code, a health care <br />facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a residential <br />care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 <br />of Division 2 of the Health & Safety Code, a residential care facility for the elderly licensed <br />pursuant to Chapter 3.2 of Division 2 of the Health & Safety Code, a residential hospice, or a <br />home health agency licensed pursuant to Chapter 8 of the Health & Safety Code, as long as any <br />such use complies strictly with all applicable laws. <br />D. This ordinance is an interim ordinance adopted as an urgency measure, and is for <br />the immediate preservation of the public safety, health, and welfare. The facts constituting the <br />urgency are: California cities that have permitted the establishment of medical marijuana <br />dispensaries have recognized that doing so has resulted in negative secondary effects such as an <br />increase in crime, including burglary, robbery, and the sale of illegal drugs in the areas <br />immediately surrounding medical marijuana dispensaries. The City of San Leandro has recently <br />received inquiries regarding the permitting and establishment of medical marijuana dispensaries <br />within the City. The City of San Leandro does not currently have standards in the San Leandro <br />Zoning Code related to the location, operation, and concentration of medical marijuana <br />ORDINANCE NO. 2004-024 2 <br />