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File Number: 13-456 <br />challenge their legalization laws at this time. But if any of the stated harms do <br />materialize-either despite a strict regulatory scheme or because of the lack of one-federal <br />prosecutors will act aggressively to bring individual prosecutions focused on federal <br />enforcement priorities and the Department may challenge the regulatory schemes themselves <br />in these states. To summarize, if the City passes regulations in strict compliance with the <br />California Attorney General’s Guidelines , and dispensaries operate in conformance with the <br />City’s ordinance, staff is of the opinion that the likelihood of a raid of City approved <br />dispensaries by Federal law enforcement agencies for violation of the Controlled Substances <br />Act is low. <br />The ordinance’s main provisions are as follows : <br />v 2 valid permits are allowed; <br />v The City Manager may impose separate conditions of approval, including allowing later <br />hours of operation; <br />v A public hearing on approval of a Dispensary permit must be held by the Board of Zoning <br />Adjustments pursuant to the approval of a conditional use permit; <br />v Operating, security, recordkeeping, facilities, and signage regulations are set in the <br />ordinance; <br />v Dispensaries may only be located in the City’s industrial and commercial zoning districts , <br />and cannot be within 1,000 feet of a school, library, youth center, park and recreation <br />facility, and another dispensary, and cannot be within 500 feet of a residential zone; <br />v On-site cooking and distribution of edible cannabis products is allowed and regulated to <br />prevent the transmission of foodborne illnesses; and <br />v Payment of a non-refundable permit application fee, an annual permit renewal fee, and <br />annual business license fee will be required at the amounts set by the City Council. <br />Previous Actions <br />October 4, 2010: The City Council passed An Interim Urgency Ordinance Prohibiting <br />Consideration and Approval of Use Permits , Variances, Building Permits, Start of New <br />Construction, or Other Entitlements for Any Establishment or Operation of Medical Marijuana <br />Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Could Be Proposed <br />Should Prop 19 Be Approved by Voters for a Forty -Five Day Period <br />November 15, 2010: The City Council extended the Interim Urgency Ordinance to October 1, <br />2011. <br />May 16, 2011: The City Council heard and did not pass an ordinance that would prohibit the <br />establishment of medical marijuana dispensaries in the City. The moratorium continued in <br />effect. <br />June 18, 2012: The City Council directed staff to prepare an ordinance prohibiting the <br />establishment and operation of medical marijuana dispensaries with a sunset date. <br />July 2, 2012: The City Council took no action on an ordinance prohibiting the establishment <br />and operation of medical marijuana dispensaries with a sunset date. <br />July 16, 2012: The City Council directed the City Council Rules and Communications <br />Page 3 City of San Leandro Printed on 9/11/2013