Laserfiche WebLink
File Number: 16-031 <br />electrical wiring and loads; and <br />WHEREAS, illicit large scale and commercial medical cannabis cultivation currently <br />poses and has posed specific safety risks within San Leandro especially for surrounding <br />neighbors, including but not limited to risks of violent confrontation in connection with attempts <br />to steal cannabis, increased fires and fire risk from improper wiring within structures growing <br />cannabis; and <br />WHEREAS, based on specific facts and circumstances to which the Chief of Police <br />and various other peace officers of the City can and would attest, there is a threat to the <br />public health, safety and welfare of the community if large scale and commercial medical <br />cannabis is cultivated in the City without proper regulations, and such unregulated cultivation <br />will result in harmful effects to the businesses, property owners and residents of the City; and <br />WHEREAS, by adopting this ordinance, the City will satisfy the requirement under the <br />new state legislation that the City have land use regulations or ordinances regulating or <br />prohibiting the cultivation of medical cannabis, then commencing on March 1, 2016; and <br />WHEREAS, in light of the new state legislation requiring the City have land use <br />regulations or ordinances regulating or prohibiting the cultivation of medical cannabis <br />commencing on March 1, 2016, the City considered the adoption of this urgency ordinance in <br />accordance with California Government Code Section 36937 at a duly noticed public meeting <br />on February 1, 2016, at which time it received and considered testimony from members of the <br />public; and <br />WHEREAS, Article XI, Section 7 of the California Constitution provides a city may <br />make and enforce within its limits all local police, sanitary and other ordinances and <br />regulations not in conflict with general laws. <br />NOW THEREFORE IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE <br />SECTION 36937, and pursuant to the findings and declarations of facts stated herein, the City <br />Council of the City of San Leandro does ordain as follows: <br />Section 1. Ordinance <br />1.All of the facts and declarations above are true, correct, incorporated herein and <br />made a part hereof such that there exists a current and immediate threat to the public health, <br />safety, and welfare requiring immediate implementation of an urgency ordinance to prohibit <br />medical cannabis cultivation beyond that permitted by Health and Safety Code Section <br />11362.77(g) within the City of San Leandro. <br />2.This urgency ordinance is necessary for the immediate preservation of public <br />health, safety and welfare because the large scale and commercial cultivation of medical <br />cannabis in San Leandro and other cities has the strong potential to result in increased calls <br />for service to the police department, including calls for robberies and thefts; such cultivation <br />operations pose safety risks to surrounding neighbors, including but not limited to, risks of <br />violent confrontation in connection with attempts to steal cannabis and risk of fire damage and <br />property loss from improper wiring within structures growing cannabis. <br />3.By adopting this ordinance, the City will satisfy the requirement under the new state <br />Page 3 City of San Leandro Printed on 1/26/2016