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File Number: 14-129 <br />The proposed minor amendments to the Zoning Code are exempt from environmental review <br />under subsections (b)(2) and (b)(3) of Section 15061 of the CEQA Guidelines as minor <br />amendments of the Zoning Code to provide for a Medical Marijuana Dispensary use in the IG, <br />IG(AU), IP and CC zoning districts with a Conditional Use Permit , because the amendments <br />themselves will not have a significant effect on the environment . <br />Board/Commission Review and Actions <br />The Board of Zoning Adjustments (BZA) decides matters related to Zoning Code regulations. <br />These updates were presented to the BZA on February 6, 2014 for feedback. The BZA <br />reviewed the changes and provided general support for the amendments, with one member <br />requesting greater separation of up to 1,000 feet from residential uses. <br />As discussed above, the Planning Commission, the body responsible for forwarding <br />recommendations on Zoning Code amendments to City Council, reviewed the staff proposal <br />and voted against the staff recommendation with a vote of 4-3. Furthermore, the Planning <br />Commission voted to recommend that the City Council explore an alternative policy for <br />smaller medical marijuana collectives of up to six members rather than supporting the current <br />policy for one large medical marijuana dispensary. A motion was passed with a vote of 5-2 to <br />forward to the City Council a recommendation to consider regulating Medical Marijuana <br />Dispensaries as smaller-scale collectives/cooperatives and direct staff to prepare a proposal <br />to that effect. <br />The Planning Commission envisioned operations in all zoning districts that a) comprise up to <br />six individuals who depend on, work with and support each other in life; b) undergo a less <br />intense permitting/regulatory process than a large dispensary would; and, c) are allowed to <br />grow and cultivate marijuana for medicinal purposes onsite. (see attached excerpt from the <br />minutes of the February 20, 2014 Planning Commission meeting). <br />Summary of Public Outreach Efforts <br />Legal requirements for notification of this meeting included posting of the meeting agenda at <br />City Hall a minimum of 72 hours in advance of the meeting date and notice in a paper of <br />general circulation 10 days prior to the hearing. Notification of this meeting included <br />publication of a legal notice in the Daily Review and posting of the meeting agenda at City <br />Hall. In addition, a courtesy notice was sent to all Neighborhood Associations listed on the <br />City’s roster and to the San Leandro Chamber of Commerce . No public comments have been <br />received as of the writing of this report. <br />On February 6, 2014, the Board of Zoning Adjustments received a staff report on these <br />proposed amendments as an informational item. <br />The Planning Commission held a noticed, Public Hearing on February 20, 2014. <br />Legal Analysis <br />On July 16, 2012, pursuant to an appellate court decision that prohibited local jurisdictions <br />from banning medical cannabis dispensary operations, County of Los Angeles v. <br />Alternative Medicinal Cannabis Collective (July 2, 2012) 207 Cal.App.4th 601 (2d Distr., <br />Page 7 City of San Leandro Printed on 4/16/2014