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The words and phrases included in this Section shall have the following meanings, unless it is <br /> clearly apparent from the context that another meaning is intended: <br /> "Marijuana" means all or parts of the plant Cannabis sativa L., pursuant to Health and Safety <br /> Code § 11018, as amended from time to time. <br /> "Medical marijuana" means marijuana authorized in strict compliance with Health and Safety <br /> Code §§ 11362.5, 11362.7 et seq., or as such sections may be amended from time to time. <br /> "Medical marijuana cooperative or collective" means a collective, cooperative, dispensary, <br /> operator, establishment, provider, association or similar entity, whether fixed or mobile, that <br /> cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, <br /> transmits and /or gives away marijuana in the city for medicinal purposes to two (2) or more of <br /> the following: qualified patients, persons with an identification card or primary caregivers, in <br /> strict accordance with California Health and Safety Code §§ 11362.5, 11362.7 et seq. and/or the <br /> Attorney General Guidelines for the Security and Non - diversion of Marijuana Grown for <br /> Medical Use, or as these laws and guidelines may be amended from time to time. The terms <br /> "primary caregiver," "qualified patient" and "person with an identification card" shall be as <br /> defined in California Health and Safety Code § 11352.5 et seq. <br /> Section 4 -33 -110 Medical Marijuana Cooperatives and Collectives Prohibited. <br /> (a) Medical Marijuana Cooperative or Collective is not a permitted use and is prohibited in <br /> all zones throughout the City. No permit or any other applicable license or entitlement for use, <br /> nor any business license, shall be approved or issued for the establishment, maintenance or <br /> operation of a Medical Marijuana Cooperative or Collective within the City. <br /> (b) The establishment, maintenance or operation of a Medical Marijuana Cooperative or <br /> Collective within the City is declared to be a public nuisance and may be abated by the City <br /> either pursuant to the San Leandro Municipal Code or any other available legal remedies, <br /> including but not limited to declaratory relief and civil injunctions. <br /> Section 4 -33 -115 Violation and Enforcement. <br /> The establishment, maintenance or operation of a Medical Marijuana Cooperative or Collective <br /> in violation of or in non - compliance with any of the requirements of this Chapter or applicable <br /> provisions of the Zoning Code or San Leandro Zoning Code shall be subject to any enforcement <br /> remedies available under the law and /or the City's Municipal Code. In addition, the City may <br /> enforce the violation of this Chapter by means of civil enforcement through a restraining order, a <br /> preliminary or permanent injunction or by any other means authorized by the law. <br /> SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. <br /> Upon independent review and consideration of the information contained in the Staff Report and <br /> the Notice of Exemption for this Ordinance, the City Council hereby finds and determines that <br /> this Ordinance does not have the potential for causing a significant effect on the environment. <br /> Accordingly, the City Council finds and determines that this Ordinance is exempt from the <br /> -8- <br />