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Proposition 19 or another state ballot proposition legalizing marijuana. <br />G. Recent court decisions, such as the Qualified Patients Association v. City <br />of Anaheim (2010) case (Case No. G040077), further dictate that the City Council <br />should impose a moratorium to further study and define the legal parameters to <br />establish City policy regarding medical marijuana dispensaries, cultivation facilities, and <br />other land uses that could be approved if a state ballot proposition to legalize marijuana <br />is approved. <br />H. In order to address both community and statewide concerns regarding the <br />establishment of medical marijuana dispensaries, marijuana cultivation facilities and <br />other land uses deemed legal if a proposition legalizing marijuana is approved, it is <br />necessary for the City of San Leandro to study the potential impact such facilities may <br />have on the public health, safety, and welfare. <br />I. The City Council finds that it is necessary to study the possible adoption <br />of amendments to the City's Zoning Code in order to address the issues, including <br />possibly adopting legislation that conforms with changes in State law. <br />J. Based on the foregoing, the City Council finds that issuing permits, <br />business licenses, or other applicable approvals allowing for the establishment and <br />operation of medical marijuana dispensaries, marijuana cultivation facilities or other <br />land uses that could be deemed approved with passage of a state ballot proposition to <br />legalize marijuana prior to the completion of the City's study of the potential impact of <br />such facilities, poses a current and immediate threat to the public health, safety, and <br />welfare, and that therefore a temporary moratorium on the issuance of such permits, <br />licenses, and other approvals is necessary. <br />K. The Community Development Director, in conjunction with the City <br />Manager, the City Attorney, and the Chief of Police will immediately begin a study of the <br />potential impacts of medical marijuana dispensaries, and possible amendments to the <br />City's Zoning Code related to this use. <br />Section 2. Imposition of Moratorium <br />A. From and after the date the City Council adopts this interim urgency <br />ordinance, no use permit, variance, building permit, or any other applicable approval for <br />use, including, but not limited to, the issuance of a business license, may be approved <br />or issued for the establishment or operation of a medical marijuana dispensary, <br />marijuana cultivation facility or other land uses that could be proposed should a state <br />ballot proposition legalizing marijuana be approved by voters for a period of 22 months <br />and 15 days. <br />B. For purposes of this ordinance, "medical marijuana dispensary" means <br />any facility or location where a primary caregiver intends to make available, sell, <br />2 <br />