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File Number: 16-709 <br />Municipal Code. The definition of “Medical Cannabis Dispensary” has also been updated to <br />delete a reference requiring edible products to be manufactured by members of dispensaries, <br />in accord with recent State legislation under Assembly Bill 243 placing regulations pertaining <br />to the production and labeling of edibles under the authority of the California State <br />Department of Public Health. State regulations require all medical cannabis dispensaries to <br />obtain City approval before a State license can be issued. <br />Previous Actions <br />The City Council adopted Ordinance 2013-020 in December 2013, which allowed for the <br />establishment of one medical cannabis dispensary subject to performance standards. <br />The City Council adopted Ordinance 2014-003 in April 2014, implementing performance <br />standards for medical cannabis dispensaries, by amending the Zoning Code to enable the <br />use of medical cannabis dispensaries. <br />The City Council adopted Ordinance 2016-007 in June 2016, allowing the establishment of a <br />second medical cannabis dispensary. <br />The City Council adopted Ordinance 2016-013 in September 2016, allowing the establishment <br />of a third medical cannabis dispensary and removing the requirement that a dispensary not be <br />located within one thousand (1,000) feet from another dispensary. <br />Environmental Review <br />The proposed Zoning Code amendments are exempt from environmental review under <br />Section 15061(b)(3) of the CEQA Guidelines, as they constitute minor amendments to the <br />Zoning Code necessary for consistency with the Municipal Code and state law. The general <br />exemption applies in this instance because it can be seen with certainty that there is no <br />possibility that the proposed amendments could have a significant effect on the environment <br />and thus are not subject to CEQA. <br />Planning Commission Review and Actions <br />The Planning Commission considered the proposed amendments presented to the City <br />Council on December 19, 2016 at its November 17, 2016 meeting and unanimously <br />recommended City Council approval. Because the clean-up provisions in the revised <br />Ordinance were reviewed and a recommendation was made by the Planning Commission, no <br />further Planning Commission approvals are necessary. There were no public comments <br />presented at the Planning Commission or received prior to the preparation of this report. <br />Fiscal Impacts <br />The proposed ordinance will have no fiscal impact. <br />ATTACHMENTS <br />·Draft Ordinance (16-710) <br />Page 2 City of San Leandro Printed on 1/31/2017 <br />111