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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2005-001 (1005/1098/1413/2792) <br />AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO MAHING <br />FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE <br />ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES <br />PENDING THE REVIEW AND POSSIBLE AMENDMENT OF ZONING <br />REGULATIONS APPLICABLE TO MEDICAL MARIJUANA DISPENSARIES <br />THE CITY COUNCIL OF THE CITY OF SAN LEANDRO DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. Findings <br />A. In 1996 the voters of the state of California approved Proposition 215, codified as <br />Health and Safety Code Section 11362.5 et. sec .. and entitled "The Compassionate Use Act of 1996". <br />B. The intent of Proposition 215 was to enable persons who are in need of medical <br />marijuana for specified medical purposes to obtain medical marijuana, and use it under limited, <br />specified circumstances. <br />C. The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of <br />1996, and to allow cities and other governing bodies to adopt and enforce rules and regulations <br />consistent with SB 420. <br />D. The San Leandro Municipal Code and Zoning Code are silent with regard to the <br />regulation and location of medical marijuana dispensaries. <br />E. The City of San Leandro has recently received inquiries regarding the permitting and <br />establishment of medical marijuana dispensaries within the City due, in part, to restrictions that other <br />surrounding agencies have placed on the ability of such uses to locate within those agencies' <br />jurisdictions. <br />F. In order to address both commui>ity and statewide concerns regarding the <br />establishment of medical marijuana dispensaries, it is necessary for the City of San Leandro to study <br />the potential impact such facilities may have on the public health, safety, and welfare. <br />G. The City Council finds that it is necessary to study the possible adoption of <br />amendments to the City's Zoning Code in order to adopt legislation that conforms with the recently <br />enacted SB 420 as well as recent state and federal case law. <br />H. Based on the foregoing, the City Council finds that issuing permits, business licenses, <br />or other applicable approvals allowing for the establislunent and operation of medical marijuana <br />dispensaries, prior to the completion of the City's study of the potential impact of such facilities, <br />