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File Number: 14-129 <br />Following the Planning Commission meeting, staff carefully considered the comments of the <br />Planning Commission in consultation with the City Manager and City Attorney’s Office . The <br />intent of the Zoning Code amendments recommended by staff is to implement existing City <br />policy on Medical Marijuana Dispensaries that was a result of lengthy City Council discussion <br />and public process. As such, staff continues to recommend that the City Council amend the <br />Zoning Code to implement Ordinance 2013-020 by allowing a medical marijuana dispensary <br />in certain commercial and industrial districts, subject to separation requirements and a <br />Conditional Use Permit. <br />Staff recommends that the City Council take public testimony on the proposed amendments <br />and: <br />A.Adopt the findings that this item is exempt from CEQA under Section 15061(b)(3) of the <br />CEQA Guidelines. <br />B.Reject the Planning Commission’s recommendation , Adopt the Ordinance amending <br />the City of San Leandro Zoning Code in Article 3, Section 1-304 Definitions; Article 6, <br />Section 2-606 CC Districts - Use Regulations; Article 7, Sections 2-706 IG District - Use <br />Regulations, 2-708 IP District - Use Regulations, and 2-712 IG(AU) District - Use <br />Regulations; and Article 17, Section 4-1704 Off-Street Parking and Loading Spaces <br />Required Related to a Medical Marijuana Dispensary <br />BACKGROUND <br />In 2010, the City passed a moratorium on the issuance of land use entitlements, building <br />permits, and business licenses for new medical marijuana dispensary related operations. The <br />moratorium was subsequently extended in 2012 pursuant to City Council findings that <br />included uncertainty regarding the legality of dispensaries as legitimate means of complying <br />with State and Federal law under the Compassionate Use Act , the Medical Marijuana <br />Program Act, and various jurisdictions’ efforts to ban , regulate, and raise revenue from such <br />operations. <br />Over the following two years, City Council held multiple work sessions and special public <br />meetings regarding medical marijuana dispensaries and reviewed and approved the final <br />drafts of the ordinance on December 2, 2013. The ordinance was passed to print on <br />December 16, 2013. <br />The ordinance’s main provisions are as follows : <br />·One valid permit is allowed; <br />·The City Manager may impose separate conditions of approval; <br />·A public hearing on approval of a Dispensary permit must be held by the Board of <br />Zoning Adjustments pursuant to the approval of a conditional use permit ; <br />·Operating, security, recordkeeping, facilities, and signage regulations are set in the <br />ordinance; <br />·Dispensaries may only be located in the City’s industrial and commercial zoning <br />districts, and cannot be within 1,000 feet of a school, library, youth center, park and <br />Page 2 City of San Leandro Printed on 4/16/2014