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File Number: 12 -341 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 anticipation of voter approval of Proposition 19 or another state ballot proposition legalizing marijuana. Cities throughout California either prohibit medical marijuana dispensaries, marijuana cultivation facilities and other related activities, have a moratorium banning them, or allow them under certain conditions or through certain processes. On October 4, 2010, the City Council adopted a 45 -day interim urgency ordinance prohibiting consideration and approval of use permits, variances, building permits, start of new construction, or other entitlements for any establishment or operation of medical marijuana dispensaries, marijuana cultivation facilities, or other land uses that could have been proposed if Proposition 19 was approved. • On November 8, 2010, the City Council held a work session to review legal issues related to medical marijuana dispensaries and cultivation facilities, including the Qualified Patients Association v. City of Anaheim ( 2010) case (Case No. G040077). On November 15, 2010, the Moratorium was extended by 10 months and 15 days to September 30, 2011. • The City Council, at the February 28, 2011 City Council work session, directed staff to prepare an ordinance prohibiting Medical Marijuana Dispensaries and Cultivation Facilities. • The City Council, at its May 16, 2011 meeting, indicated a desire to postpone a vote on a Medical Marijuana Dispensaries and Cultivation Facilities prohibition, pending additional information from other municipalities regarding their Medical Marijuana ordinances relative to cultivation facilities. On September 6, 2011, the Moratorium was extended by 1 year to September 30, 2012. • On June 18, 2012, the City Council directed staff to prepare an ordinance prohibiting Medical Marijuana cooperatives, collectives, dispensaries and cultivation facilities in the City of San Leandro with a sunset date of June 30, 2013. Discussion and Analysis Legal Analysis This analysis is in addition to earlier analyses by the City Attorney's Office related to land use regulations concerning medical marijuana dispensaries, collectives, cooperatives, and grow facilities. Special recognition is attributed to the League of California Cities City Attorney's Department for its continuing coverage of the legal impacts to cities surrounding the medical marijuana issue, including some of the research and text for this continuing analysis. In November 2011, in City of Riverside v. Inland Empire Patient's Health and Wellness Center, Division 2 of the Fourth District Court of Appeal upheld a local ordinance that banned City of San Leandro Page 2 Printed on 612612012