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CITY OF SAN LEANDRO <br /> APPROVED AND <br /> STAFF REPORT FORWARDED <br /> TO CITY COUNCIL <br /> DATE: May 16, 2011 <br /> tephen L. Hollister <br /> TO: Stephen L. Hollister, City Manager City Manager <br /> FROM: Luke Sims, Community Development Director <br /> BY: Kathleen Livermore, Senior Planner <br /> SUBJECT PROJECT /PROJECT DESCRIPTION: <br /> MATTER OF ORDINANCE ADDING MUNICIPAL CODE CHAPTER 4 -33 RELATING TO <br /> THE PROHIBITION AGAINST THE ESTABLISHMENT AND OPERATION OF MEDICAL <br /> MARIJUANA COOPERATIVES AND COLLECTIVES IN THE CITY <br /> SUMMARY AND RECOMMENDATION <br /> • On October 4, 2010, the City Council adopted a 45 -day interim urgency ordinance <br /> prohibiting consideration and approval of use permits, variances, building permits, start <br /> of new construction, or other entitlements for any establishment or operation of medical <br /> marijuana dispensaries, marijuana cultivation facilities, or other land uses that could have <br /> been proposed if Proposition 19 was approved. <br /> • On November 8, 2010, the City Council held a work session to review legal issues related <br /> to medical marijuana dispensaries and cultivation facilities, including the Qualified <br /> Patients Association v. City of Anaheim (2010) case (Case No. G040077). <br /> • On November 15, 2010, the Moratorium was extended by 10 months and 15 days to <br /> September 30, 2011. <br /> • The City Council, at the February 28, 2011 City Council work session, directed staff to <br /> prepare an ordinance prohibiting Medical Marijuana Dispensaries and Cultivation. <br /> Staff recommends that the City Council adopt the attached Ordinance Adding Municipal Code <br /> Chapter 4 -33 prohibiting the establishment and operation of Medical Marijuana Cooperatives <br /> and Collectives in the City. The action would be effective October 1, 2011. <br /> BACKGROUND <br /> • In 1996 California voters approved Proposition 215, codified as Health and Safety Code <br /> Section 11362.5 et. seq., entitled "The Compassionate Use Act of 1996." The intent of <br /> Proposition 215 was to enable persons in need of medical marijuana for specified medical <br /> purposes to obtain medical marijuana, and use it under limited specified circumstances. <br />