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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2010- <br />AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO MAKING <br />FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE <br />ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES, <br />MARIJUANA CULTIVATION FACILITIES, OR OTHER LAND USES PENDING THE <br />REVIEW AND POSSIBLE AMENDMENT OF ZONING REGULATIONS APPLICABLE <br />TO MEDICAL MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION <br />FACILITIES, OR OTHER LAND USES <br />THE CITY COUNCIL OF THE CITY OF SAN LEANDRO DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. Findings <br />A. In 1996 the voters of the State of California approved Proposition 215, <br />codified as Health and Safety Code Section 11362.5 et. seq. and entitled "The <br />Compassionate Use Act of 1996 ". <br />B. The intent of Proposition 215 was to enable persons who are in need of <br />medical marijuana for specified medical purposes to obtain medical marijuana, and use <br />it under limited, specified circumstances. <br />C. The Legislature enacted SB 420 to clarify the scope of the <br />Compassionate Use Act of 1996. <br />D. Cities throughout California either prohibit medical marijuana <br />dispensaries, marijuana cultivation facilities and other related activities, have a <br />moratorium banning them, or allow them under certain conditions or through certain <br />processes. <br />E. The City of San Leandro enacted an interim urgency ordinance and <br />moratorium on medical marijuana dispensaries in late 2004 and early 2005. At the <br />conclusion of the moratorium, the City took no further action to amend its Zoning Code <br />to address marijuana dispensaries, or cultivation facilities. The San Leandro Municipal <br />Code and Zoning Code are silent with regard to the regulation and location of medical <br />marijuana dispensaries, marijuana cultivation facilities or other related land uses. <br />F. The City of San Leandro has recently received inquiries regarding the <br />permitting and establishment of medical marijuana dispensaries and marijuana <br />cultivation facilities within the City due, in part, to other Alameda County cities' <br />municipal laws and restrictions as well as the anticipation of voter approval of <br />