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transmit, give, or otherwise provide medical marijuana to two or more of the following: a <br />qualified patient or a person with an identification card, or another primary caregiver in <br />strict accordance with Health and Safety Code Section 11362.5 et sea. For the <br />purposes of this ordinance, a "marijuana cultivation facility" means any facility or <br />location where marijuana plants are grown or cultivated, no matter their ultimate <br />purpose. The definitions "primary caregiver ", "qualified patient ", and "person with an <br />identification card" are as defined in Health and Safety Code Section 11362.5 et sea. <br />C. For purposes of this ordinance, a "medical marijuana dispensary" shall not <br />include the following uses, as long as the location of such uses are otherwise regulated <br />by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & <br />Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the <br />Health & Safety Code, a residential care facility for persons with chronic life- threatening <br />illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code, a <br />residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of <br />the Health & Safety Code, a residential hospice, or a home health agency licensed <br />pursuant to Chapter 8 of the Health & Safety Code, as long as any such use complies <br />strictly with all applicable laws. <br />D. This ordinance is an interim ordinance adopted as an urgency measure, <br />and is for the immediate preservation of the public safety, health, and welfare. The <br />facts constituting the urgency are: California cities that have permitted the <br />establishment of medical marijuana dispensaries, marijuana cultivation facilities and <br />other related land uses have recognized that doing so has resulted in negative <br />secondary effects such as an increase in crime, including burglary, robbery, and the <br />sale of illegal drugs in the areas immediately surrounding medical marijuana <br />dispensaries, marijuana cultivation facilities and other related land uses. The City of <br />San Leandro has recently received inquiries regarding the permitting and establishment <br />of medical marijuana dispensaries and marijuana cultivation facilities within the City. <br />The City of San Leandro does not currently have standards in the San Leandro Zoning <br />Code related to the location, operation, and concentration of medical marijuana <br />dispensaries, marijuana cultivation facilities or other related land uses within the City. <br />Absent the adoption of this urgency ordinance, the establishment and operation of <br />medical marijuana dispensaries, marijuana cultivation facilities and other related land <br />uses in the City would result in the harmful secondary effects identified above. As a <br />result of the harmful secondary effects associated with medical marijuana dispensaries, <br />and the current and immediate threat such secondary effects pose to the public health, <br />safety, and welfare, it is necessary to establish a 22 month, and 15 day moratorium on <br />the establishment and operation of new medical marijuana dispensaries, marijuana <br />cultivation facilities or other land uses that could be deemed legal pursuant to passage <br />of a state ballot proposition legalizing marijuana, pending the completion of the City's <br />study of the potential impacts of medical marijuana dispensaries, marijuana cultivation <br />facilities and other related land uses and possible amendments to the City's Zoning <br />Code. <br />