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City of San Leandro <br />Meeting Date: November 4, 2013 <br />Staff Report <br />Agenda Section:File Number:13-545 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 for Ordinance Adding Chapter 4-33 to Title 4 of the San Leandro <br />Municipal Code Pertaining to Medical Cannabis <br />SUMMARY AND RECOMMENDATIONS <br />Staff requests that the City Council approve for first reading (pass-to-print) the attached <br />medical marijuana 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 />At the City Council’s direction , staff presents for first reading an ordinance regulating medical <br />marijuana dispensaries’ establishment and operations . Two public presentations on the <br />necessary amendments to the City’s Zoning Code -- one before the Board of Zoning <br />Adjustments for review and comment, and one before the Planning Commission for review <br />and recommendation to City Council -- will be scheduled. Those two presentations will <br />include a review of the adopted ordinance, and staff recommended amendments to the <br />Zoning Code to bring the Zoning Code in compliance with the 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 , the <br />Medical Marijuana Program Act, and various jurisdictions’ efforts to ban , regulate, and raise <br />Page 1 City of San Leandro Printed on 10/30/2013