Ord 2022-015 Cannabis Ordinance Updates

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and sale of both of the following: (1) medicinal cannabis and medicinal cannabis products for patients with valid physician's recommendations; and (2) adult -use cannabis and adult -use cannabis products for adults 21 years of age and over; and WHEREAS, local governments in California may restrict or completely ban commercial cannabis activities, except deliveries and transportation through local jurisdictions; and WHEREAS, cannabis plants, whether grown indoors or outdoors, especially as they. mature prior to harvest, may produce a distinctive odor that may be detectable far beyond property boundaries; and WHEREAS, the strong smell of cannabis has been deemed a nuisance and can alert persons to the location of the valuable plants, creating a risk of burglary, robbery, armed robbery, and other crimes; and WHEREAS, there has been an increased number of unauthorized cannabis cultivation in the City of San Leandro; WHEREAS, the Council desires to amend SLMC Section 4-33-100 and Section 4-38- 500 to revise the definition of "dispensary" and prohibited commercial cannabis activities to include "cultivation" in efforts to reduce the number of unauthorized cannabis cultivation in the City of San Leandro; and WHEREAS, the Council desires to amend SLMC Section 4-33-300, Section 4-38-500, and Section 1-12-140 to add administrative remedies by which the City of San Leandro may enforce a single violation of the provisions regulating cannabis dispensary permits and commercial cannabis activity within the City of San Leandro, and consistent with the intent to allow the City to abate the nuisance created by the unauthorized cultivation of cannabis. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO, DOES ORDAIN AS FOLLOWS: SECTION 1. Findings All of the City Council's findings above are true and correct and incorporated herein by reference. SECTION 2. Amendments to San Leandro Municipal Code A. The City Council hereby amends Chapter 4-33, Cannabis Dispensary Permits, Section 4-33-100, Definitions, and Section 4-33-300, Compliance with State Law and Municipal Code, to read as follows (with additions underlined and deletions in strikethrough): 114-33-100 — DEFINITIONS The following words or phrases, whenever used in this Chapter, shall be given the following definitions: ORDINANCE NO. 2022-015 2