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to steal cannabis, increased fires and fire risk from improper wiring within structures growing cannabis; and WHEREAS, based on specific facts and circumstances to which the Chief of Police and various other peace officers of the City can and would attest, there is a threat to the public health, safety and welfare of the community if large scale and commercial medical cannabis is cultivated in the City without proper regulations, and such unregulated cultivation will result in harmful effects to the businesses, property owners and residents of the City; and WHEREAS, by adopting this ordinance, the City will satisfy the requirement under the new state legislation that the City have land use regulations or ordinances regulating or prohibiting the cultivation of medical cannabis, then commencing on March 1, 2016; and WHEREAS, in light of the new state legislation requiring the City have land use regulations or ordinances regulating or prohibiting the cultivation of medical cannabis commencing on March 1, 2016, the City considered the adoption of this urgency ordinance in accordance with California Government Code Section 36937 at a duly noticed public meeting on February 1, 2016, at which time it received and considered testimony from members of the public; and WHEREAS, Article XI, Section 7 of the California Constitution provides a city may make and enforce within its limits all local police, sanitary and other ordinances and regulations not in conflict with general laws. NOW THEREFORE IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 36937, and pursuant to the findings and declarations of facts stated herein, the City Council of the City of San Leandro does ordain as follows: Section 1. Ordinance. 1. All of the facts and declarations above are true, correct, incorporated herein and made a part hereof such that there exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to prohibit medical cannabis cultivation beyond that permitted by Health and Safety Code Section 11362.77(g) within the City of San Leandro. 2. This urgency ordinance is necessary for the immediate preservation of public health, safety and welfare because the large scale and commercial cultivation of medical cannabis in San Leandro and other cities has the strong potential to result in increased calls for service to the police department, including calls for robberies and thefts; such cultivation operations pose safety risks to surrounding neighbors, including but not limited to, risks of violent confrontation in connection with attempts to steal cannabis and risk of fire damage and property loss from improper wiring within structures growing cannabis. ORDINANCE NO. 2016-001 3