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File Number: 16-541 <br />increased traffic, and rubbish upon neighboring properties; and <br />WHEREAS, based upon specific facts and circumstances to which the Chief of Police <br />and various other peace officers of the City can and would attest, there is a threat to the <br />public health, safety and welfare of the community if further medical cannabis dispensing <br />occurs in the City without proper regulations or enforcement thereof, and such unregulated <br />dispensing will result in harmful effects to property owners, visitors, businesses and residents <br />of the City; and <br />WHEREAS, Article XI, Section 7 of the California Constitution provides a city may <br />make and enforce within its limits all local police, sanitary and other ordinances and <br />regulations not in conflict with general laws. <br />NOW THEREFORE IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE <br />SECTION 36937, and pursuant to the findings and declarations of facts stated herein, the City <br />Council of the City of San Leandro does ordain as follows: <br />Section 1. Ordinance <br />1.All of the facts and declarations above are true, correct, incorporated herein and <br />made a part hereof such that there exists a current and immediate threat to the public health, <br />safety, and welfare requiring immediate implementation of an urgency ordinance to prohibit <br />the issuance of additional medical cannabis dispensary permits beyond those already <br />permitted within the City of San Leandro. <br />2.This urgency ordinance is necessary for the immediate preservation of public <br />health, safety and welfare because the unregulated dispensing of medical cannabis in San <br />Leandro has the strong potential to result in increased calls for service to the police <br />department, including calls for robberies and thefts; such unregulated dispensing operations <br />pose safety risks to surrounding neighbors, including but not limited to, risks of violent <br />confrontation in connection with attempts to steal medical cannabis and medical cannabis <br />derived products, and risks of low quality medical cannabis and related products entering the <br />community that may be harmful to public health. <br />3.Subsection (c) of Section 4-33-200 of the City of San Leandro’s Municipal Code is <br />hereby amended as follows: <br />The City shall issue no more than three (3) valid permits for the operation of <br />dispensaries in the City. This section may only be amended by an action of the City Council <br />to repeal the moratorium -- unless it has expired on its own terms -- and establishing by <br />ordinance a change to the number of valid permits. <br />5.Notwithstanding this ordinance, the City Council declares that pursuant to the <br />principles of permissive zoning, except for the legal dispensing of medical cannabis pursuant <br />to a permit issued under San Leandro Municipal Code Chapter 4-33, and that which is <br />allowed under California Health & Safety Code Section 11362.777, all land uses regarding or <br />related to the cultivation, manufacture, retail sale, transport, distribution, delivery and testing <br />of medical and recreational cannabis are not a permitted use or activity of or upon land within <br />the City of San Leandro, such that it is prohibited under the City’s Zoning Code. Therefore, <br />Page 3 City of San Leandro Printed on 10/11/2016