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CITY OF SAN LEANDRO <br /> APPROVED AND <br /> STAFF REPORT FORWARDED <br /> TO CITY COUNCIL <br /> DATE: October 4, 2010 - // <br /> Step en L. Hollister <br /> TO: Stephen L. Hollister, City Manager City Manager <br /> FROM: Luke Sims, Community Development Directotl - ° - -. <br /> kat-- <br /> BY: Kathleen Livermore, Senior Planner <br /> SUI3.IECT PROJECT /PROJECT DESCRIPTION: <br /> MATTER OF AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION <br /> AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF <br /> NEW CONSTRUCTION, OR OTHER ENTITLEMENTS FOR ANY ESTABLISHMENT OR <br /> OPERATION OF MEDICAL MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION <br /> FACILITIES. OR OTHER LAND USES THAT COULD BE PROPOSED SHOULD <br /> PROPOSITION 19 BE APPROVED BY VOTERS THIS NOVEMBER FOR A FORTY -FIVE <br /> DAY PERIOD <br /> SUMMARY AND RECOMMENDATION <br /> Staff recommends that the City Council adopt the interim urgency ordinance to place a <br /> temporary moratorium on the approval of any planning approvals, building permits, or other <br /> entitlements that are necessary for establishment of any new medical marijuana dispensaries, <br /> marijuana cultivation facilities or other land uses that could be proposed should Prop. 19 be <br /> approved by voters on November 2, 2010. The moratorium would be effective immediately for <br /> forty -five days upon adoption, unless extended by the City Council through a future public <br /> hearing and action. • <br /> I3ACKCROUND <br /> • <br /> • In 1996 the voters of the state of California approved Proposition 215, codified as Health <br /> and Safety Code Section 11362.5 et. seq., entitled "The Compassionate Use Act of <br /> 1996." The intent of Proposition 215 was to enable persons in need of medical marijuana <br /> for specified medical purposes to obtain medical marijuana, and use it under limited, <br /> specified circumstances. <br /> • The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of <br /> 1996. <br /> • Cities throughout California either prohibit medical marijuana dispensaries, marijuana <br /> cultivation facilities and other related activities or allow them under certain conditions or <br /> through certain processes. <br />