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File Number: 16-540 <br />permits or related land use approvals by the City. An urgency ordinance, which is permitted <br />under California Government Code section 36937, is appropriate in this instance. An urgency <br />ordinance must be passed by a 4/5 vote of the City Council (i.e. by 6 affirmative votes). If <br />passed, it goes into effect immediately. It should also be noted that this ordinance would not <br />preclude the first three cannabis dispensary permit awardees from continuing to finalize their <br />development and business plans, conclude any efforts to secure outstanding entitlements, <br />and commence operations. Additionally, this ordinance would apply only to the issuance of <br />retail medical cannabis dispensary permits and would not preclude the City Council from <br />further exploring the possibility of allowing other non-retail cannabis-related businesses to <br />operate in the City in the future (e.g. cannabis product or medicine manufacturing, laboratory <br />testing, extraction or bakery facilities that do not involve retail distribution). <br />Article XI, Section 7 of the California Constitution provides that a city may make and enforce <br />within its limits all local police, sanitary and other ordinances and regulations not in conflict <br />with general laws. Consistent with this authority, staff recommends that the San Leandro City <br />Council consider amending the Municipal Code to prohibit the issuance of any additional retail <br />medical cannabis dispensary permits. <br />Fiscal Impact <br />There are no fiscal impacts expected from the passage of this urgency Ordinance. <br />ATTACHMENT <br />None. <br />PREPARED BY: Eric Engelbart, Deputy City Manager <br />Page 2 City of San Leandro Printed on 10/11/2016