3A Public Hearing 2010 1115 - Laserfiche WebLink

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CITY OF SAN LEANDRO STAFF REPORT DATE: November 15, 2010 TO: Stephen L. Hollister, City Manager FROM: Luke Sims, Community BY: Kathleen Livermore; Senior Planner SUBJECT PROJECT/PROJECT DESCRIPTION: APPROVED AND FORWARDED TO CITY COUNCIL Stephen L. Hollister City Manager MATTER OF EXTENSION OF AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF NEW CONSTRUCTION, OR OTHER ENTITLEMENTS FOR ANY ESTABLISHMENT OR OPERATION OF MEDICAL MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION FACILITIES, OR OTHER LAND USES THAT COULD HAVE BEEN PROPOSED IF PROPOSITION 19 HAD BEEN APPROVED BY VOTERS, AND COULD BE PROPOSED SHOULD ANOTHER BALLOT PROPOSITION LEGALIZING MARIJUANA QUALIFY FOR THE STATE BALLOT SUMMARY AND RECOMMENDATION • On October 4, 2010, the City Council adopted a 45 -day interim urgency ordinance prohibiting consideration and approval of use permits, variances, building permits, start of new construction, or other entitlements for any establishment or operation of medical marijuana dispensaries, marijuana cultivation facilities, or other land uses that could have been proposed if Proposition 19 was approved. • The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of medical marijuana dispensaries and cultivation facilities. • The City of San Leandro has recently received inquiries regarding the permitting and establishment of medical marijuana dispensaries and marijuana cultivation facilities within the City due, in part, to other Alameda County cities' laws and restrictions as well as the anticipation of voter approval of Proposition 19 or another state ballot proposition legalizing marijuana. • Court decisions, most recently under the Qualified Patients Association v. City of Anaheim (2010) case (Case No. G040077), dictate that the City Council should impose a moratorium to further study and define the legal parameters to establish City policy regarding medical marijuana dispensaries, cultivation facilities, and other land uses that could be approved if a proposition legalizing marijuana is approved. Although Proposition 19 did not pass on November 2, proponents have indicated their intent to put forth for voter approval another state ballot proposition for the 2012 election cycle.