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CITY OF SAN LEANDRO <br /> APPROVED AND <br /> STAFF REPORT FORWARDED <br /> TO CiTY COUNCIL <br /> DATE: November 1, 2010 Stephen L Holliste Hollister <br /> Manager <br /> '1'O: Stephen L. Hollister, City Manager <br /> FROM: Luke Sims, Community Development Directors„_ <br /> BY: Kathleen Livernlore, Senior Planner <br /> SUBJECT PROJECT /PROJECT DESCRIPTION: <br /> MATTER OF REPORT AS REQUIRED BY GOVERNMENT CODE SECTION 65858(d) <br /> DESCRIBING MEASURES STAFF HAS UNDERTAKEN TO ADDRESS THE <br /> CONDITIONS THAT LED TO THE COUNCIL ADOPTING A MORATORIUM ON <br /> MEDICAL MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION FACILITIES, OR <br /> OTHER LAND USES THAT COULD BE PROPOSED SHOULD PROPOSITION 19 BE <br /> APPROVED BY VOTERS ON NOVEMBER 2, 2010. <br /> SUMMARY AND RECOMMENDATION <br /> Approve and issue the Report. <br /> BACKGROUND <br /> The City Council on October 4, 2010 adopted a 45 -day moratorium on medical marijuana <br /> dispensaries, marijuana cultivation facilities or other land uses that could be proposed within the <br /> City should Proposition 19 be approved by voters on November 2, 2010. The matter of <br /> extending the moratorium for a period of 22 months and 15 days is scheduled for the City <br /> Council at the November 15, 2010 meeting. Government Code section 65858(d) requires that at <br /> least 10 days prior to the extension of a moratorium, the City Council issue a written report of <br /> the measures taken to alleviate the conditions that led to the adoption of the moratorium. in <br /> order to meet this 10 -day deadline, the Council must act to approve and issue the Report at the <br /> November 1, 2010 City Council meeting. <br /> Report <br /> City staff, both prior to and after the City Council adopted the 45 -day moratorium, has been <br /> holding internal meetings and undertaking fact- gathering, as well as contacting other <br /> jurisdictions that have addressed medical marijuana dispensaries, marijuana cultivation facilities <br /> and other related land uses, to determine what possible options may be available to regulate such <br /> uses. The City Attorney's office has initiated supplemental legal review of issues beyond the <br /> current case law and regulatory framework, and will continue to monitor and report findings on <br /> recent and forthcoming court cases. A City Council Work Session is proposed for November 8, <br /> 2010. Following the November 8, 2010 Work Session, City staff will proceed based on City <br /> Attorney's counsel, Police Department input, and City Council direction. Any draft amendments <br /> to the Zoning Code would be reviewed by the Planning Commission before coming to the City <br />