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10B Action 2012 0702
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10B Action 2012 0702
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6/26/2012 6:21:14 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/2/2012
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_CC Agenda 2012 0702 RG
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File Number: 12 -341 <br />The City of San Leandro received inquiries regarding the permitting and establishment of <br />medical marijuana dispensaries and marijuana cultivation facilities within the City due, in <br />part, to other Alameda County cities' laws and restrictions as well as the anticipation of <br />voter approval of Proposition 19 or another state ballot proposition legalizing marijuana. <br />Cities throughout California either prohibit medical marijuana dispensaries, marijuana <br />cultivation facilities and other related activities, have a moratorium banning them, or allow <br />them under certain conditions or through certain processes. <br />On October 4, 2010, the City Council adopted a 45 -day interim urgency ordinance <br />prohibiting consideration and approval of use permits, variances, building permits, start of <br />new construction, or other entitlements for any establishment or operation of medical <br />marijuana dispensaries, marijuana cultivation facilities, or other land uses that could have <br />been proposed if Proposition 19 was approved. <br />• On November 8, 2010, the City Council held a work session to review legal issues related <br />to medical marijuana dispensaries and cultivation facilities, including the Qualified Patients <br />Association v. City of Anaheim ( 2010) case (Case No. G040077). <br />On November 15, 2010, the Moratorium was extended by 10 months and 15 days to <br />September 30, 2011. <br />• The City Council, at the February 28, 2011 City Council work session, directed staff to <br />prepare an ordinance prohibiting Medical Marijuana Dispensaries and Cultivation Facilities. <br />• The City Council, at its May 16, 2011 meeting, indicated a desire to postpone a vote on a <br />Medical Marijuana Dispensaries and Cultivation Facilities prohibition, pending additional <br />information from other municipalities regarding their Medical Marijuana ordinances relative <br />to cultivation facilities. <br />On September 6, 2011, the Moratorium was extended by 1 year to September 30, 2012. <br />• On June 18, 2012, the City Council directed staff to prepare an ordinance prohibiting <br />Medical Marijuana cooperatives, collectives, dispensaries and cultivation facilities in the <br />City of San Leandro with a sunset date of June 30, 2013. <br />Discussion and Analysis <br />Legal Analysis <br />This analysis is in addition to earlier analyses by the City Attorney's Office related to land use <br />regulations concerning medical marijuana dispensaries, collectives, cooperatives, and grow <br />facilities. Special recognition is attributed to the League of California Cities City Attorney's <br />Department for its continuing coverage of the legal impacts to cities surrounding the medical <br />marijuana issue, including some of the research and text for this continuing analysis. <br />In November 2011, in City of Riverside v. Inland Empire Patient's Health and Wellness <br />Center, Division 2 of the Fourth District Court of Appeal upheld a local ordinance that banned <br />City of San Leandro Page 2 Printed on 612612012 <br />
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