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File Number: 16-031 <br />Agriculture (“DFA”), which may only provide a license to an individual or entity that has also <br />received a permit, license or entitlement from the city in which the cultivation is to occur; and <br />WHEREAS, the new legislation further provides that if a city does not have land use <br />regulations or ordinances regulating or prohibiting the cultivation of medical cannabis, then <br />commencing on March 1, 2016, the DFA will be the sole licensing authority for medical <br />cannabis cultivation applications in that city; and <br />WHEREAS, a city with a prohibition or regulations regarding the cultivation of medical <br />cannabis in effect before March 1, 2016 retains the authority to later modify that prohibition or <br />those regulations; and <br />WHEREAS, Health and Safety Code Section 11362.777(b)(3) provides that the DFA <br />may not issue a State license to cultivate medical cannabis within a city that prohibits <br />cultivation within its boundaries under principles of permissive zoning; and <br />WHEREAS, the San Leandro Zoning Code is adopted and operates under the <br />principles of permissive zoning, and any use that is not expressly permitted is prohibited; and <br />WHEREAS, the San Leandro City Council desires to confirm that passage of a <br />municipal code regulation prohibiting cultivation activities and that the cultivation of medical <br />cannabis is not an expressly permitted land use under the San Leandro Zoning Code, and is <br />therefore prohibited throughout the City; and <br />WHEREAS, the San Leandro City Council recognizes Health and Safety Code Section <br />11362.777(g), such that it does not wish to prohibit individual cultivation for personal use; and <br />WHEREAS, Health and Safety Code Section 11362.77(g) provides that a qualified <br />patient cultivating marijuana pursuant to Section 11362.5 may do so if the area he or she <br />uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates <br />marijuana for his or her personal medical use and does not sell, distribute, donate, or provide <br />marijuana to any other person or entity. In addition, Section 11362.77(g) does not apply to a <br />primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses <br />to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana <br />exclusively for the personal medical use of no more than five specified qualified patients for <br />whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not <br />receive remuneration for these activities, except for compensation provided in full compliance <br />with subdivision (c) of Section 11362.765. The area used to cultivate marijuana must be <br />measured by the aggregate area of vegetative growth of live marijuana plants on the <br />premises; and <br />WHEREAS, the San Leandro City Council desires to retain local control, including <br />prohibition thereof, over the cultivation of medical cannabis except as permitted by Health and <br />Safety Code Section 11362.77(g), and therefore desires to adopt an urgency land use <br />ordinance prohibiting cannabis cultivation that will be in effect before March 1, 2016; and <br />WHEREAS, the illicit large scale and commercial cultivation of medical cannabis in San <br />Leandro has resulted in calls for service to the police department, including calls for robberies <br />and thefts, and the fire department, including calls to abate fires caused by the misuse of <br />Page 2 City of San Leandro Printed on 1/26/2016