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File Number: 14-129 <br />recreation facility, facilities for religious worship and incidental religious education, or <br />another dispensary; and cannot be within 500 feet of a residential zone; <br />·On-site cooking and distribution of edible cannabis products is allowed and regulated to <br />prevent the transmission of foodborne illnesses; and <br />·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 />Analysis <br />The proposed changes to the Zoning Code reflect both the definitions and the locational and <br />hour restrictions that are in the Medical Marijuana Dispensary Ordinance adopted by the City <br />Council on December 16, 2013. These specify that a Medical Marijuana Dispensary be <br />allowed with a Conditional Use Permit in the industrial or commercial community zoning <br />districts, subject to buffers of a minimum distance of one thousand (1,000) feet from: <br />·a public or private school; <br />·public library; <br />·youth center (serving youth ages eighteen (18) and under); <br />·parks and recreation facilities; <br />·facilities for religious worship and incidental religious education; or <br />·another Dispensary. <br />Further, a Medical Marijuana Dispensary cannot be located within five hundred (500) feet from <br />a residential zone. Finally, hours for a Dispensary would be restricted to 9 am to 7 pm, <br />Monday through Sunday. <br />The resultant areas that are eligible for a Medical Marijuana Dispensary, per the attached <br />Eligible Area maps, include the following zoning districts: <br />·CC Commercial Community <br />·IG Industrial General <br />·IP Industrial Park <br />·IG(AU) Industrial General/Assembly Use Overlay <br />As such, staff proposes to amend the Zoning Code for the above districts to allow for a <br />Medical Marijuana Dispensary use, subject to the approval of a Conditional Use Permit. <br />Staff proposes amending the San Leandro Zoning Code , Article 3 Definitions, as follows: <br />Medical Marijuana Dispensary. A collective or cooperative that distributes , dispenses, <br />stores, exchanges, processes, delivers, makes available, transmits and/or gives away <br />marijuana for medicinal purposes to four (4) or more qualified patients and/ or primary <br />caregivers pursuant to California Health and Safety Code Sections 11362.5, 11362.7 et <br />seq. Baked medicinal products (i. e. brownies, bars, cookies, cakes), tinctures and <br />other non- refrigerated type items are acceptable for manufacture and sale at a <br />Dispensary. Edible cannabis products for sale or distribution at a Dispensary must have <br />been prepared by a member of that Dispensary. No non-member edible cannabis <br />products are allowed for sale or distribution at a Dispensary. <br />Page 3 City of San Leandro Printed on 4/16/2014