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City of San Leandro <br />Meeting Date: December 2, 2013 <br />Staff Report <br />Agenda Section:File Number:13-597 CONSENT CALENDAR <br />Agenda Number:8.F. <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 New FIRST READING AND PASS TO PRINT of the Medical <br />Marijuana Dispensary Ordinance <br />Summary and Recommendations <br />Staff requests that the City Council approve for first reading and pass to print the medical <br />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 medical <br />marijuana dispensaries in the City. <br />At the City Council’s direction, staff presents for a new first reading an ordinance regulating <br />medical marijuana dispensaries’ establishment and operations. At the City Council’s direction <br />the following amendments were made by motion on the first reading to pass to print the <br />ordinance after its initial first reading: The ordinance will take effect thirty days after its <br />adoption at second reading; one dispensary permit shall be issued; and high definition <br />cameras or other technology that provides high resolution video and recording capability shall <br />be implemented as part of a dispensary’s security operations. At the City Council’s meeting of <br />November 18, 2013, the City Council provided direction to include an additional locational <br />restriction, to wit, that a dispensary cannot locate 1,000 feet from facilities for religious worship <br />and incidental religious education. This was a substantive change to the proposed ordinance, <br />which necessitates this new first reading of the proposed ordinance. <br />Two public presentations on the necessary amendments to the City’s Zoning Code -- one <br />before the Board of Zoning Adjustments for review and comment, and one before the <br />Planning Commission for review and a recommendation -- will be scheduled. Those two <br />Page 1 City of San Leandro Printed on 11/26/2013