Laserfiche WebLink
File Number: 16-541 <br />regarding the dispensing, the commercial cultivation, manufacture, retail sale, transport, <br />distribution, delivery, and testing of medical cannabis; and <br />WHEREAS, the San Leandro Zoning Code is adopted and operates under the <br />principles of permissive zoning, and any use that is not expressly permitted is prohibited; and <br />WHEREAS, the San Leandro City Council desires to confirm that passage of municipal <br />code regulations related to medical cannabis establishes that any land uses not specifically <br />identified or addressed related to medical cannabis are also not expressly permitted land uses <br />under the San Leandro Zoning Code, and are therefore prohibited throughout the City; and <br />WHEREAS, the San Leandro City Council recognizes Health and Safety Code Section <br />11362.777(g), such that it does not wish to prohibit individual cultivation and dispensing for <br />personal use; and <br />WHEREAS, Health and Safety Code Section 11362.777(g) does not apply to a primary <br />caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to <br />cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana <br />exclusively for the personal medical use of no more than five specified qualified patients for <br />whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not <br />receive remuneration for these activities, except for compensation provided in full compliance <br />with subdivision (c) of Section 11362.765. The area used to cultivate marijuana must be <br />measured by the aggregate area of vegetative growth of live marijuana plants on the <br />premises; and <br />WHEREAS, the San Leandro City Council desires to retain local control, including <br />prohibition thereof, over the dispensing of medical cannabis except as permitted by Health <br />and Safety Code Section 11362.777(g) and the City permits already awarded under City of <br />San Leandro Municipal Code Chapter 4-33, and therefore desires to adopt an urgency land <br />use ordinance prohibiting the issuance of additional medical cannabis dispensary permits; and <br />WHEREAS, the illicit dispensing of medical and recreational cannabis in San Leandro <br />has resulted in calls for service to the police department, including calls for robberies and <br />thefts, and the fire department, including calls to abate fires caused by the misuse of electrical <br />wiring and loads at illegal cultivation, distribution and dispensing facilities; and <br />WHEREAS, the City Council desires that the three permitted medical cannabis <br />dispensaries begin operations before issuing additional land use permits, and desires that <br />staff establish the internal controls, best practices, and procedures to properly monitor, audit, <br />and enforce the City’s stringent operational and reporting requirements upon the three <br />permitted dispensaries; and <br />WHEREAS, the City Council finds, upon advice of staff, that if it does not establish a <br />moratorium on the issuance of additional medical cannabis dispensary permits, there is a high <br />likelihood that the City will not be able to properly enforce its medical cannabis dispensary <br />ordinance, which includes monitoring and regulating all activities related to the dispensing of <br />medical cannabis, including but not limited to medical cannabis and medical cannabis product <br />testing and quality control requirements, safety and security of property, patients, and <br />employees dispensing medical cannabis, and secondary effects related to illegal loitering, <br />Page 2 City of San Leandro Printed on 10/11/2016