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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2004-024 (1005/1098/1413/2792) <br />AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION AND <br />APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF NEW <br />CONSTRUCTION, OR OTHER ENTITLEMENTS FOR ANY NEW MEDICAL MARIJUANA <br />DISPENSARIES WITHIN THE CITY FOR AFORTY-FIVE DAY PERIOD <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 <br />1996". <br />B. The intent of Proposition 215 was to enable persons who are in need of medical <br />marijua~la 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 <br />Act of 1996, and to allow cities and other governing bodies to adopt and enforce rules and <br />regulations 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 <br />and establishment of medical marijuana dispensaries within the City due, in part, to restrictions <br />that other surrounding agencies have placed on the ability of such uses to locate within those <br />agencies' jurisdictions. <br />F. In order to address both community and statewide concerns regarding the <br />establishment of medical marijuana dispensaries, it is necessary for the City of San Leandro to <br />study 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 <br />recently 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 <br />