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(T) The City Council finds that neither the CUA nor the MMPA preempt the City's <br /> exercise of its traditional police powers in enacting regulations, as well as legislation for <br /> preservation of public health, safety and welfare, such as this Ordinance prohibiting the <br /> establishment and operation of medical marijuana cooperatives, collectives, dispensaries, and <br /> cultivation facilities within the City. <br /> (U) In 2010, the Legislature amended the MMPA to add Health and Safety Code § <br /> 11362.768 which became effective January 1, 2011, and prohibits any "medical marijuana <br /> cooperative, collective, dispensary, operator, establishment, or provider from locating within 600 <br /> feet of a school", which reaffirms the City's ability to regulate the location of medical marijuana <br /> dispensaries; and <br /> (V) The City Council finds that the public health, safety and general welfare of the <br /> City and its residents necessitates and requires the adoption of this Ordinance, prohibiting the <br /> establishment and operation of medical marijuana cooperatives, collectives, dispensaries, and <br /> cultivation facilities in order to: (a) protect and safeguard against the detrimental secondary <br /> negative effects and adverse impacts of facilities dispensing medical marijuana, as more <br /> specifically described in Paragraph Q, above; (b) preserve and safeguard the minors, children <br /> and students in the community from the deleterious impacts of medical marijuana facilities; and <br /> (c) preserve the City's law enforcement services, in that monitoring and addressing the negative <br /> secondary effects and adverse impacts will likely burden the City's law enforcement resources. <br /> The City Council further finds that due to the negative secondary effects and adverse impacts of <br /> facilities dispensing and /or cultivating medical marijuana, the establishment and the operation of <br /> these facilities will negatively impact residential uses and neighborhoods in the City. <br /> (W) This Ordinance is consistent with the City of San Leandro General Plan in that the <br /> General Plan, its objectives, policies, and goals do not permit or contemplate the establishment <br /> or operation of medical marijuana cooperatives, collectives or similar facilities that engage in <br /> dispensing of or cultivating marijuana for medicinal purposes. <br /> SECTION 2. AMENDMENT TO TITLE 4 "PUBLIC WELFARE" OF THE CITY <br /> OF SAN LEANDRO MUNICIPAL CODE. <br /> Title 4 "Public Welfare" of the City of San Leandro Municipal Code is hereby amended to add <br /> Chapter 4 -33 entitled "Prohibition on Medical Marijuana Cooperatives or Collectives" to read in <br /> its entirety as follows: <br /> Chapter 4 -33 PROHIBITION OF MEDICAL MARIJUANA COOPERATIVES OR <br /> COLLECTIVES. <br /> Section 4 -33 -100 Purpose. <br /> It is the purpose and intent of this Chapter to preclude the opening, establishment and operation <br /> of Medical Marijuana Cooperatives and Collectives in the City. <br /> Section 4 -33 -105 Definitions. <br /> - 7 - <br />