4A Public Hearing 2014 0421 - Laserfiche WebLink

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File Number: 14-129 Medical Marijuana. All parts of the plant Cannabis sativa L., whether growing or not, as defined by California Health and Safety Code § 11018, as amended from time to time. This includes "cannabis" as: the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant incapable of germination. Staff proposes that a Medical Marijuana Dispensary be allowed with a Conditional Use Permit in the CC Commercial Community, IG Industrial General, IG(AU) Industrial General/Assembly Use Overlay, and IP Industrial Park zoning districts with the above -stated locational and operational restrictions: Medical Marijuana Dispensary. (A Medical Marijuana Dispensary shall not be located within one thousand (1,000) feet of a public or private school, public library, youth center [serving youth ages eighteen (18) and under], parks and recreation facilities, facilities for religious worship and incidental religious education, or another Dispensary; and shall not be located within five hundred (500) feet from a residential zone. A Dispensary may be open only between the hours of 9 am to 7pm, Monday through Sunday and is further subject to performance standards in the San Leandro Municipal Code.) Staff believes that a Medical Marijuana Dispensary will have similar parking demands as Retail Sales or Medical Offices . As such, the parking requirements table in Article 17, Off-Street Parking and Loading Regulations should be amended by adding a requirement for one off-street parking space for every 200 square feet of floor area of retail sales and services for a Medical Marijuana Dispensary. Parking for ancillary uses within the dispensary such as back offices, security facilities, and other activities would be as determined by the Conditional Use Permit as follows: Medical Marijuana Dispensary: 1 space per 200 square feet for retail sales and services; other use types per conditional use permit Current Agency Policies ·City of San Leandro Ordinance 2013-020 related to a Medical Marijuana Dispensary with effective date of January 13, 2014 Previous Actions ·October 4, 2010: The City Council passed An Interim Urgency Ordinance Prohibiting Consideration and Approval of Use Permits , Variances, Building Permits, Start of New Construction, or Other Entitlements for Any Establishment or Operation of Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Could Be Proposed Should Prop 19 Be Approved by Voters for a Forty -Five Day Period Page 4 City of San Leandro Printed on 4/16/2014