Ord 2022-015 Cannabis Ordinance Updates

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO.2022-015 ORDINANCE OF THE CITY OF SAN LEANDRO CITY COUNCIL AMENDING TITLE 4, CHAPTERS 4-33 AND 4-38 OF THE SAN LEANDRO MUNICIPAL CODE PERTAINING TO MEDICAL CANNABIS DISPENSARY PERMITS AND PERMITTED COMMERCIAL CANNABIS ACTIVITY AND AMENDING TITLE 1, CHAPTER 1-12 OF THE SAN LEANDRO MUNICIPAL CODE PERTAINING TO CITATIONS - VIOLATIONS The City Council of the City of San Leandro does FIND as follows: WHEREAS, San Leandro Municipal Code ("SLMC") Chapter 4-33, Cannabis Dispensary Permits, establishes procedures by which the City of San Leandro awards permits for the dispensing of cannabis, in accordance with State Law; and WHEREAS, SLMC Chapter 4-33, Section 4-33-100(d) defines a "dispensary" as any business or entity that "sells, distributes, dispenses, stores, exchanges, processes, delivers, makes available, cultivates, transmits and/or gives away cannabis or cannabis -infused products in the City"; and WHEREAS, SLMC Section 4-33-300 provides that the failure to comply with the conditions imposed upon the dispensary permitting procedures is subject to the City's nuisance abatement process and other administrative code enforcement mechanisms; and WHEREAS, SLMC Chapter 4-38, Permitted Commercial Cannabis Activity, establishes regulations for commercial cannabis activity in the City of San Leandro; and WHEREAS, SLMC Section 4-38-500 provides that any commercial cannabis activity in violation of Chapter 4-38 within the City of San Leandro is unlawful and shall be declared a public nuisance; and WHEREAS, SLMC Chapter 1-12, Citation — Violations, establishes criminal, civil, and administrative remedies by which the City of San Leandro may prevent, discourage, abate, or otherwise address any violation of the Municipal Code, including nuisance abatement; and WHEREAS, SLMC Section 1-12-140 provides administrative remedies by which the City of San Leandro may enforce separate and continuing violations; and WHEREAS, on November 8, 2016, voters approved the Adult Use of Marijuana Act (AUMA) to allow recreational use of cannabis for persons over the age of 21. AUMA limits cultivation of cannabis plants for California residents up to 6 plants indoors and for personal use; and WHEREAS, on June 27, 2017, the State adopted SB 94, the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA), which established a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing