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City of San Leandro <br />Meeting Date: October 3, 2016 <br />Ordinance <br />Agenda Section:File Number:16-474 CONSENT CALENDAR <br />Agenda Number:8.K. <br />TO:City Council <br />FROM:Chris ZapataCity Manager <br />BY:City Council <br />FINANCE REVIEW:Not Applicable <br />TITLE:ORDINANCE Amending Title 4, Chapter 4-33 of the San Leandro Municipal <br />Code Pertaining to Medical Cannabis Dispensary Permits <br />Section 1. RECITALS <br />WHEREAS, in 2013, the City Council for the City of San Leandro adopted an <br />ordinance that established a procedure by which it could award permits for the dispensing of <br />medical cannabis, in accordance with State law. That ordinance is Chapter 4-33 of the San <br />Leandro Municipal Code; and <br />WHEREAS, the City Council also amended the Zoning Code to establish the land use <br />parameters for the location of medical cannabis dispensaries; and <br />WHEREAS, the City Council analyzed, prepared and adopted its ordinance on the <br />State law prevailing at the time, namely the Compassionate Use Act (Prop. 215, 1996), the <br />Medical Marijuana Program Act (SB 420, 2003), and the California Attorney General’s <br />Guidelines for the non-diversion of cannabis (2008); and <br />WHEREAS, the City Council amended the ordinance as necessary to comply with <br />changes to State law, most recently to comply with AB 243, the Medical Marijuana Regulation <br />and Safety Act, which is an amalgam of three bills that deal with different aspects of licensing <br />and regulating commercial medical cannabis cultivation, manufacturing, distribution, <br />transportation, sales, and testing; and <br />WHEREAS, the City Council, with the assistance and analysis of staff, has evolved its <br />position on the dispensing of medical cannabis within the City, including the placement of a <br />ballot measure on the 2016 general election ballot to establish a cannabis business tax; and <br />WHEREAS, the City Council finds that based upon and subject to its ordinance, and <br />current State law, legal and procedural safeguards are in place to mitigate the primary and <br />Page 1 City of San Leandro Printed on 9/27/2016