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File Number: 16-541 <br />the State, and any of its agencies charged with the regulation and permitting of medical <br />cannabis cultivation, manufacture, retail sale, transport, delivery, distribution, and testing of <br />medical cannabis may not issue a license, permit or entitlement for the same within the City of <br />San Leandro unless and until the City issues its own permit for such activities. <br />Section 2. Environmental Review. The City Council finds that this ordinance is not <br />subject to the California Environmental Quality Act (CEQA) pursuant to the statutory <br />exemption set forth in Section 15061(b)(3) (specific actions necessary to prevent or mitigate <br />an emergency) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, <br />because this ordinance is in direct response to the new state legislation that went into effect <br />January 1, 2016. <br />Section 3. Severability. If any section, subsection, sentence, clause or phrase of this <br />ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of <br />competent jurisdiction, such decision will not affect the validity of the remaining portions of this <br />ordinance. The City Council hereby declares that it would have passed this ordinance and <br />each of every section, subsection, sentence, clause, or phrase not declared invalid or <br />unconstitutional without regard to whether any portion of the ordinance would be subsequently <br />declared invalid or unconstitutional. <br />Section 4. Effective Date and Duration. This ordinance is an urgency ordinance <br />enacted under California Government Code Sections 36934 and 36937(b). This urgency <br />ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council. This <br />urgency ordinance shall remain in full force and effect until it is repealed by a new regulatory <br />scheme by the City Council. <br />Section 5. Publication. The City Clerk is directed to cause this ordinance to be <br />published in the manner required by law. <br />2579823.2 <br />Page 4 City of San Leandro Printed on 10/11/2016