3A Public Hearing 2010 1004 - Laserfiche WebLink

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Medical Marijuana Dispensaries 2 October 4, 2010 • The City of San Leandro enacted an interim urgency ordinance and moratorium on medical marijuana dispensaries in late 2004, which was extended for the full statutory period in early 2005. The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of medical marijuana dispensaries and cultivation facilities. • The City of San Leandro has recently received inquiries regarding the permitting and establishment of medical marijuana dispensaries and marijuana cultivation facilities within the City due, in part, to other Alameda County cities' laws and restrictions as well as the anticipation of passage of Prop. 19. • Court decisions, most recently under the Ouallied Patients Association v. City of Anaheim (2010) case (Case No. 0040077), dictate that the City Council should impose a moratorium to further study and define the legal parameters to establish City policy regarding medical marijuana dispensaries, cultivation facilities, and other land uses that could be approved if Prop. 19 passes. • In order to address both community and statewide concerns regarding the establishment of medical marijuana dispensaries, marijuana cultivation facilities and other land uses deemed legal if Prop 19 is approved, it is necessary for the City of San Leandro to study the potential impact such facilities may have on the public health, safety, and welfare. Analysis City staff, including staff from the Community Development Department, Police Department and City Attorney's Office, recommend the study of issues related to medical marijuana dispensaries, cultivation facilities and other land uses, including the possible adoption of' amendments to the City's Zoning Code to conform with recent changes, and possible changes associated with the passage of Prop. 19, to state law. Based on the foregoing, the attached ordinance provides that the City Council find that issuing permits, business licenses, or other applicable approvals allowing for the establishment and operation of medical marijuana dispensaries, marijuana cultivation facilities or other land uses that could be deemed approved with passage of Prop. 19 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. The Community Development Director, in conjunction with the City Manager, the City Attorney, and the Chief of Police will immediately begin a study of the potential impacts of such land uses, and possible amendments to the City's Zoning Code related to such uses. If the interim urgency ordinance is adopted, staff will review and study the issues and work towards proposed regulations, and if such work is not finished, staff expects to bring forth within the next forty -five days a proposal to extend the moratorium. The extension of an interim urgency ordinance could be up to 22 months and 15 days or until the new zoning regulations are adopted, whichever occurs first. The extension of the ordinance beyond 45 days requires a public hearing.