Ord 2010-012 - Laserfiche WebLink

Home

purpose. The definitions "primary caregiver ", "qualified patient ", and "person with an identification card" are as defined in Health and Safety Code Section 11362.5 et C. For purposes of this ordinance, a "medical marijuana dispensary" 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 licensed 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 establishment of medical marijuana dispensaries, marijuana cultivation facilities and other related land uses 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, marijuana cultivation facilities and other related land uses. 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. 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, marijuana cultivation facilities or other related land uses within the City. Absent the adoption of this urgency ordinance, the establishment and operation of medical marijuana dispensaries, marijuana cultivation facilities and other related land uses 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 45 -day moratorium on the establishment and operation of new medical marijuana dispensaries, marijuana cultivation facilities or other land uses that could be deemed legal pursuant to passage of Proposition 19 in the City pending the completion of the City's study of the potential impacts of medical marijuana dispensaries, marijuana cultivation facilities and other related land uses and possible amendments to the City's Zoning Code. Section 3. Compliance with California Environmental Quality Act The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because it has no ORDINANCE NO. 2010 -012 3