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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 /> medical marijuana dispensaries, marijuana cultivation facilities and other related land <br /> ORDINANCE NO. 2011 -010 3 <br />