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File Number: 16-031
<br />legislation that the City have land use regulations or ordinances regulating or prohibiting the
<br />cultivation of medical cannabis, then commencing on March 1, 2016.
<br />4.The City of San Leandro’s Municipal Code is hereby amended to add Article 12 to
<br />Chapter 4 as follows:
<br />“ARTICLE 12 CULTIVATION OF MEDICAL CANNABIS
<br />4-1-1200 DEFINITIONS
<br />(a)“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica,
<br />or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
<br />purified, extracted from any part of the plant; and every compound, manufacture, salt,
<br />derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the
<br />separated resin, whether crude or purified, obtained from marijuana. “Cannabis” also means
<br />marijuana as defined by Section 11018 of the California Health and Safety Code as enacted
<br />by Chapter 1407 of the Statutes of 1972. “Cannabis” does not include the mature stalks of the
<br />plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
<br />compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except
<br />the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
<br />incapable of germination.
<br />(b)“Cultivation” means any activity involving the planting, growing, harvesting, drying,
<br />curing, grading, or trimming of cannabis.
<br />4-1-1205 CULTIVATION OF MEDICAL CANNABIS PROHIBITED
<br />Unless an exemption applies, it is declared to be unlawful for any person or entity to
<br />engage in medical cannabis cultivation activities, including cultivation activities within any
<br />building or structure or upon any land, in the City of San Leandro.
<br />4-1-1210 EXEMPTION
<br />Cultivation of medical cannabis is exempt from the provision of this Title if performed in
<br />accordance with subsection (g) of California Health and Safety Code Section 11362.77.”
<br />5.Notwithstanding this ordinance, the City Council declares that pursuant to the
<br />principles of permissive zoning, cultivation of medical cannabis is not a permitted use or
<br />activity of or upon land within the City of San Leandro, such that it is prohibited under the
<br />City’s Zoning Code. Therefore, the State, and any of its agencies charged with the regulation
<br />and permitting of medical cannabis cultivation, may not issue a license, permit or entitlement
<br />for the cultivation of medical cannabis within the City of San Leandro.
<br />Section 2. Environmental Review. The City Council finds that this ordinance is not
<br />subject to the California Environmental Quality Act (CEQA) pursuant to the statutory
<br />exemption set forth in Section 15061(b)(3) (specific actions necessary to prevent or mitigate
<br />an emergency) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
<br />because this ordinance is in direct response to the new state legislation requiring the City
<br />have a land use regulations or ordinances regulating or prohibiting the cultivation of medical
<br />cannabis, then commencing on March 1, 2016.
<br />Section 3. Severability. If any section, subsection, sentence, clause or phrase of this
<br />Page 4 City of San Leandro Printed on 1/26/2016
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