3A Public Hearing 2011 0906 - Laserfiche WebLink

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cultivation facilities within the City, which the City believes is due, in part, to other Alameda County cities' laws and restrictions related to medical marijuana land uses. G. Recent court decisions, such as Qualified Patients Association v. City of Anaheim (2010) (Case No. G040077), further dictate that the City Council should impose a temporary moratorium to further study and define the legal parameters by which the City may establish policy regarding medical marijuana dispensaries, cultivation facilities, and other land uses that could be permitted should a state ballot proposition to legalize marijuana be approved in the near future. H. In order to address both community and statewide concerns regarding the establishment of medical marijuana dispensaries, marijuana cultivation facilities and other land uses deemed legal if a proposition legalizing marijuana is approved, it is necessary for the City of San Leandro to study the potential impacts such facilities may have on the public health, safety, and welfare. I. The City Council held a City Council work session on February 28, 2011 to consider various options and give direction to staff. On February 28, 2011, the City Council directed staff to prepare an ordinance prohibiting Medical Marijuana Dispensaries and Cultivation Facilities. J. The City Council, at its May 16, 2011 meeting, indicated a desire to postpone a decision on a Medical Marijuana Dispensaries and Cultivation Facilities prohibition, pending additional information from other municipalities regarding their Medical Marijuana ordinances relative to cultivation facilities. K. The City Council finds that it is necessary to continue to study the possible adoption of amendments to the City's Zoning and Municipal Codes in order to address medical marijuana land uses and regulations. L. Based on the foregoing, the City Council finds that issuing permits, business licenses, or other applicable approvals allowing for the establishment and operation of medical marijuana dispensaries, marijuana cultivation facilities or other land uses that could be deemed approved with passage of a state ballot proposition to legalize marijuana prior to the completion of the City's study of the potential impacts of such facilities, poses a current and immediate threat to the public health, safety, and welfare, and that therefore a continuation of the moratorium on the issuance of such permits, licenses, and other approvals for an additional 12 month period is necessary. M. The Community Development Director, in conjunction with the City Manager, the City Attorney, and the Chief of Police, will continue their research and study of the potential impacts of medical marijuana dispensaries, cultivation facilities, and other related land uses as well as possible amendments to the City's Zoning and Municipal Codes. 2