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G. Recent court decisions, such as the Qualified Patients Association v. City of Anaheim (2010) case (Case No. G040077), further 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 Proposition 19 passes. H. 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 Proposition 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. The City Council finds that it is necessary to study the possible adoption of amendments to the City's Zoning Code in order to address the issues, including possibly adopting legislation that conforms with changes in State law. J. Based on the foregoing, the City Council finds 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 Proposition 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. K. 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 medical marijuana dispensaries, and possible amendments to the City's Zoning Code related to this use. • 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, may be approved or issued for the establishment or operation of a medical marijuana dispensary, marijuana cultivation facility or other land uses that could be proposed should Proposition 19 be approved by voters in November for a period of 45 days. 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 seq. For the purposes of this ordinance, a "marijuana cultivation facility" means any facility or location where marijuana plants are grown or cultivated, no matter their ultimate ORDINANCE NO. 2010 -012 2