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City of San Leandro <br />Meeting Date: October 16, 2017 <br />Oral/Discussion Item <br />Agenda Section:File Number:17-609 ACTION ITEMS <br />Agenda Number:10.B. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Jeff Kay <br />Assistant City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:City Council Review of the Davis Street Wellness Center Dispensary Permit <br />BACKGROUND AND ANALYSIS <br />On July 18th, 2016, pursuant to City of San Leandro Municipal Code section 4-33-200(c), the City <br />Council awarded the City’s second medical cannabis dispensary operating permit to the Davis <br />Street Wellness Center. During the approval of the operating permit, the City Council imposed a <br />condition that if the applicant does not receive a Conditional Use Permit within 12 months from <br />the date of the award of the dispensary operating permit, then the City Council could review the <br />dispensary operating permit. Prior to imposing that condition of approval, the applicant was <br />asked during the July 18th City Council meeting whether it was amenable to the condition. The <br />applicant publicly stated agreement with the condition. <br />Approximately nine months after City Council approval of the operating permit, on March 20, <br />2017, the applicant submitted its application for a Conditional Use Permit to the Community <br />Development Department. Community Development staff worked collaboratively with the <br />applicant, the applicant’s agents and representatives to determine whether the application could <br />be deemed complete, and analyzed the proposed project’s conformity with relevant zoning code <br />provisions. <br />On June 19, 2017, the applicant was notified that its Conditional Use Permit application was <br />scheduled for a hearing before the Board of Zoning Adjustments (BZA) on July 6, 2017. On June <br />21, 2017, the applicant’s attorney submitted to the Community Development Department a <br />request to postpone the hearing so the applicant could have additional time to meet with City staff <br />in order to discuss the application in greater detail. The hearing was ultimately scheduled for <br />October 5, 2017. <br />The City of San Leandro Municipal Code section 4-33-200(g) provides that the issuance of a <br />Page 1 City of San Leandro Printed on 10/10/2017 <br />208