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Section 2. Continuation of Moratorium <br />A. From and after the date the City Council adopts the extension of this <br />moratorium, no use permit, variance, building permit, or any other applicable approval <br />for use, including, but not limited to, the issuance of a business license, may be <br />approved or issued for the establishment or operation of a medical marijuana <br />dispensary, marijuana cultivation facility or other related land uses, including any that <br />could be proposed should a state ballot proposition legalizing marijuana be approved by <br />voters for a period of 12 months. <br />B. For purposes of this ordinance, "medical marijuana dispensary" means <br />any facility or location where a primary caregiver intends to make available, sell, <br />transmit, give, or otherwise provide medical marijuana to two or more of the following: a <br />qualified patient or a person with an identification card, or another primary caregiver in <br />strict accordance with California Health & Safety Code Section 11362.5 et seq. For the <br />purposes of this ordinance, a "marijuana cultivation facility" means any facility or <br />location where marijuana plants are grown or cultivated, no matter their ultimate <br />purpose. The definitions "primary caregiver ", "qualified patient ", and "person with an <br />identification card" are as defined in Health & Safety Code Section 11362.5 et seq. <br />C. For purposes of this ordinance, a "medical marijuana dispensary" shall not <br />include the following uses, as long as the location of such uses are otherwise regulated <br />by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & <br />Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the <br />Health & Safety Code, a residential care facility for persons with chronic life- threatening <br />illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code, a <br />residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of <br />the Health & Safety Code, a residential hospice, or a home health agency licensed <br />pursuant to Chapter 8 of the Health & Safety Code, as long as any such use complies <br />strictly with all applicable laws. <br />D. This ordinance is an extension of the existing 10- month, 15- day <br />moratorium, and is for the continued preservation of the public safety, health, and <br />welfare. The facts constituting the urgency are: California cities that have permitted the <br />establishment of medical marijuana dispensaries, marijuana cultivation facilities and <br />other related land uses have recognized that doing so has resulted in negative <br />secondary effects such as an increase in crime, including burglary, robbery, and the <br />sale of illegal drugs in the areas immediately surrounding medical marijuana <br />dispensaries, marijuana cultivation facilities and other related land uses. The City of <br />San Leandro has recently received inquiries regarding the permitting and establishment <br />of medical marijuana dispensaries and marijuana cultivation facilities within the City. <br />The City of San Leandro does not currently have standards in the San Leandro Zoning <br />Code related to the location, operation, and concentration of medical marijuana <br />dispensaries, marijuana cultivation facilities or other related land uses within the City. <br />Absent the adoption of this urgency ordinance, the establishment and operation of <br />3 <br />