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City of San Leandro <br />Meeting Date: September 16, 2013 <br />Staff Report <br />Agenda Section:File Number:13-456 ACTION ITEMS <br />Agenda Number:10.A. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report Requesting Direction from the City Council Regarding the Draft <br />Medical Marijuana Dispensary Ordinance <br />Summary and Recommendations <br />Staff requests that the City Council provide direction regarding the DRAFT medical marijuana <br />dispensary ordinance. <br />BACKGROUND <br />Since the expiration of the moratorium on the issuance of land use entitlements related to <br />uses involving medical marijuana dispensaries expired on October 1, 2012 the City Council <br />has reviewed, taken public comment, held several meetings and provided comments upon a <br />draft ordinance that would allow the operation of and impose regulations upon two medical <br />marijuana dispensaries in the City. <br />Staff requests direction on next steps staff should take related to the community’s review of <br />the ordinance. Two public presentations, one before the Board of Zoning Adjustments , and <br />one before the Planning Commission, should be scheduled. Those two presentations will <br />include a review of the proposed ordinance, and staff recommended amendments to the <br />Zoning Code to bring the Zoning Code in compliance with the provisions of the proposed <br />ordinance. <br />Analysis <br />The City had a moratorium on the issuance of land use entitlements, building permits, and <br />business licenses for new medical marijuana dispensary related operations in the City. The <br />moratorium was passed, and subsequently extended pursuant to City Council findings that <br />included, amongst others, uncertainty regarding the legality of dispensaries as legitimate <br />means of complying with State and Federal law under the Compassionate Use Act , and <br />Medical Marijuana Program Act, and various jurisdictions’ efforts to ban , regulate, and raise <br />Page 1 City of San Leandro Printed on 9/11/2013