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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 Cal. Health and Safety Code Section 11362.5 et seq. 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 seq. <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 10 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 /> 3 <br />