3A Public Hearing 2011 0906 - Laserfiche WebLink

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Medical Marijuana Moratorium ber 6, 2011 • The City Council may now extend the moratorium for an additional one year period to September 30, 2012 to further analyze and study the issues. Without an extension, the moratorium will expire on September 30, 2011. Staff recommends that the City Council: 1) ACCEPT THE WRITTEN REPORT, as required by Government Code 65858(d), Describing the Measures Taken to Alleviate the Conditions Which Led to the Adoption of Ordinance No. 2010 -02; and 2) PASS TO PRINT AND ADOPT: An Urgency Ordinance of the City of San Leandro Extending A Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Relate to the Dispensing or Cultivation of Medical Marijuana Pending the Review and Possible Amendment of The San Leandro Municipal and /or Zoning Codes Applicable to Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses That Relate to Dispensing or Cultivating Medical Marijuana. These actions would extend the interim urgency ordinance to September 30, 2012, allow the City Council time to gather the latest information from the City of Oakland and other municipalities and then provide staff direction. The moratorium would continue to restrict and prevent the approval of any planning approvals; building permits, or other entitlements that are necessary for establishment of any new medical marijuana dispensaries, marijuana cultivation facilities or other land uses. BACKGROUND • In 1996, California voters approved Proposition 215, codified as Health and Safety Code Section 11362.5 et. seq., entitled "The Compassionate Use Act of 1996." The intent of Proposition 215 was to enable persons in need of medical marijuana for specified medical purposes to obtain medical marijuana, and use it under limited, specified circumstances. • The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of 1996, effective January 1, 2004. • The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of medical marijuana dispensaries and cultivation facilities. • The City of San Leandro received inquiries regarding the permitting and establishment of medical marijuana dispensaries and marijuana cultivation facilities within the City due, in part, to other Alameda County cities' laws and restrictions as well as the potential for voter approval of a state ballot proposition legalizing marijuana. • Cities throughout California either prohibit medical marijuana dispensaries, marijuana cultivation facilities and other related land uses, have a moratorium banning them, or allow them under certain conditions or through certain processes.