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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> ORDINANCE NO. 2010 -012 <br /> AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO <br /> PROHIBITING CONSIDERATION AND APPROVAL OF USE PERMITS, VARIANCES, <br /> BUILDING PERMITS, START OF NEW CONSTRUCTION, OR OTHER <br /> ENTITLEMENTS FOR ANY ESTABLISHMENT OR OPERATION OF MEDICAL <br /> MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION FACILITIES, OR OTHER <br /> LAND USES THAT COULD BE PROPOSED SHOULD PROPOSITION 19 BE <br /> APPROVED BY VOTERS ON NOVEMBER 2, 2010 WITHIN THE CITY FOR A <br /> FORTY -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, <br /> codified as Health and Safety Code Section 11362.5 et. seq. and entitled "The <br /> Compassionate Use Act of 1996 ". <br /> B. The intent of Proposition 215 was to enable persons who are in need of <br /> medical marijuana for specified medical purposes to obtain medical marijuana, and use <br /> it under limited, specified circumstances. <br /> C. The Legislature enacted SB 420 to clarify the scope of the <br /> Compassionate Use Act of 1996. <br /> D. Cities throughout California either prohibit medical marijuana <br /> dispensaries, marijuana cultivation facilities and other related activities or allow them <br /> under certain conditions or through certain processes. <br /> E. The City of San Leandro enacted an interim urgency ordinance and <br /> moratorium on medical marijuana dispensaries in late 2004, and approved an extension <br /> for the statutorily prescribed period in early 2005. The San Leandro Municipal Code and <br /> Zoning Code are silent with regard to the regulation and location of medical marijuana <br /> dispensaries, marijuana cultivation facilities or other related land uses. <br /> F. The City of San Leandro has recently received inquiries regarding the <br /> permitting and establishment of medical marijuana dispensaries and marijuana <br /> cultivation facilities within the City due, in part, to other Alameda County cities' <br /> municipal laws and restrictions as well as the anticipation of passage of Proposition 19. <br />