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WHEREAS, a city with a prohibition or regulations regarding the cultivation of medical cannabis in effect before March 1, 2016 retains the authority to later modify that prohibition or those regulations; and WHEREAS, Health and Safety Code Section 11362.777(b)(3) provides that the DFA may not issue a State license to cultivate medical cannabis within a city that prohibits cultivation within its boundaries under principles of permissive zoning; and WHEREAS, the San Leandro Zoning Code is adopted and operates under the principles of permissive zoning, and any use that is not expressly permitted is prohibited; and WHEREAS, the San Leandro City Council desires to confirm that passage of a municipal code regulation prohibiting cultivation activities and that the cultivation of medical cannabis is not an expressly permitted land use under the San Leandro Zoning Code, and is therefore prohibited throughout the City; and WHEREAS, the San Leandro City Council recognizes Health and Safety Code Section 11362.777(g), such that it does not wish to prohibit individual cultivation for personal use; and WHEREAS, Health and Safety Code Section 11362.77(g) provides that a qualified patient cultivating marijuana pursuant to Section 11362.5 may do so if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. In addition, Section 11362.77(g) does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. The area used to cultivate marijuana must be measured by the aggregate area of vegetative growth of live marijuana plants on the premises; and WHEREAS, the San Leandro City Council desires to retain local control, including prohibition thereof, over the cultivation of medical cannabis except as permitted by Health and Safety Code Section 11362.77(g), and therefore desires to adopt an urgency land use ordinance prohibiting cannabis cultivation that will be in effect before March 1, 2016; and WHEREAS, the illicit large scale and commercial cultivation of medical cannabis in San Leandro has resulted in calls for service to the police department, including calls for robberies and thefts, and the fire department, including calls to abate fires caused by the misuse of electrical wiring and loads; and WHEREAS, illicit large scale and commercial medical cannabis cultivation currently poses and has posed specific safety risks within San Leandro especially for surrounding neighbors, including but not limited to risks of violent confrontation in connection with attempts ORDINANCE NO. 2016-001 2