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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> ORDINANCE NO. 2010 -021 <br /> AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO MAKING <br /> FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE <br /> ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES, <br /> MARIJUANA CULTIVATION FACILITIES, OR OTHER LAND USES THAT RELATE <br /> TO THE DISPENSING OR CULTIVATION OF MEDICAL MARIJUANA PENDING THE <br /> REVIEW AND POSSIBLE AMENDMENT OF ZONING REGULATIONS APPLICABLE <br /> TO MEDICAL MARIJUANA DISPENSARIES, MARIJUANA CULTIVATION <br /> FACILITIES, OR OTHER LAND USES THAT RELATE TO DISPENSING OR <br /> CULTIVATING MEDICAL MARIJUANA <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 prohibit medical marijuana dispensaries, <br /> medical marijuana cultivation facilities or other related land uses, have passed a <br /> moratorium banning them, or allow them under certain conditions or through certain <br /> processes. <br /> E. The City of San Leandro enacted an interim urgency ordinance and <br /> moratorium on medical marijuana dispensaries in late 2004 and early 2005. At the <br /> conclusion of the moratorium, the City took no further action to amend its Zoning Code <br /> to address marijuana dispensaries, or cultivation facilities. The San Leandro Municipal <br /> Code and Zoning Code are silent with regard to the regulation and location of medical <br /> marijuana dispensaries, marijuana cultivation facilities or other related land uses. <br /> F. The City of San Leandro received inquiries recently regarding the <br /> permitting and establishment of medical marijuana dispensaries and marijuana <br />