Title
Staff Report for Ordinance Adding Chapter 4-33 to Title 4 of the San Leandro Municipal Code Pertaining to Medical Cannabis
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff requests that the City Council approve for first reading (pass-to-print) the attached medical marijuana dispensary ordinance.
BACKGROUND
Since the expiration of the moratorium on the issuance of land use entitlements related to uses involving medical marijuana dispensaries expired on October 1, 2012, the City Council has reviewed, taken public comment, held several meetings and provided comments upon a draft ordinance that would allow the operation of and impose regulations upon two medical marijuana dispensaries in the City.
At the City Council's direction, staff presents for first reading an ordinance regulating medical marijuana dispensaries' establishment and operations. Two public presentations on the necessary amendments to the City's Zoning Code -- one before the Board of Zoning Adjustments for review and comment, and one before the Planning Commission for review and recommendation to City Council -- will be scheduled. Those two presentations will include a review of the adopted ordinance, and staff recommended amendments to the Zoning Code to bring the Zoning Code in compliance with the ordinance.
Analysis
The City had a moratorium on the issuance of land use entitlements, building permits, and business licenses for new medical marijuana dispensary related operations in the City. The moratorium was passed, and subsequently extended pursuant to City Council findings that included, amongst others, uncertainty regarding the legality of dispensaries as legitimate means of complying with State and Federal law under the Compassionate Use Act, the Medical Marijuana Program Act, and various jurisdictions' efforts to ban, regulate, and raise revenue from such operations.
On July 16, 2012, pursuant to an appellate court decision that prohibited local jurisdic...
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