Ord2017 1130-370 - Laserfiche WebLink

Browse Search

11/13/2017 WHEREAS, in 2017, California enacted Senate Bill 94, which repealed MCRSA, incorporated certain provisions of the MCRSA into the licensing provisions of the AUMA, and consolidated the state regulatory and licensing framework for medical and recreational cannabis, with the consolidated provisions to be known as "Medicinal and Adult -Use Cannabis Regulation and Safety Act" (MAUCRSA); and WHEREAS, under Senate Bill 94, a local jurisdiction may reasonably regulate, but cannot ban, personal indoor cultivation of up to six cannabis plants per single private residence, and can ban or regulate personal outdoor cultivation; and WHEREAS, Senate Bill 94 preserves the right of property owners, including landlords, to prohibit cannabis cultivation on their property; and WHEREAS, Senate Bill 94 preserves the authority of local jurisdictions to prohibit or impose additional restrictions on the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of commercial medical or recreational cannabis; and WHEREAS, the City of Redwood City has prohibited medical cannabis distribution facilities in all zoning districts since October 24, 2011, when the City Council adopted Ordinance No. 1130-354 adding Article 59 to the Zoning Ordinance; and WHEREAS, neither cannabis cultivation nor commercial cannabis activities are listed as permitted or conditionally permitted land uses in the City's Zoning Code, therefore they are prohibited in Redwood City under principles of permissive zoning (City of Corona v. Naulls (2008) 166 Cal.AppAth 418, 431-433); and WHEREAS, the City Council has determined that express Zoning Code regulations regarding cannabis cultivation and commercial cannabis activities will benefit the public by providing clear guidelines regarding the scope of prohibited conduct and minimize the potential for confusion regarding the City's policies; and WHEREAS, the City Council finds that impacts of medical and recreational cannabis are the same and therefore no separate use classifications or regulations are necessary; and WHEREAS, on October 3, 2017, the Planning Commission held a public hearing to consider a draft ordinance with proposed amendments to Zoning Ordinance Article 59 and recommended amending Zoning Ordinance Article 59 to allow personal indoor cultivation of up to six plants, to prohibit all other cultivation, and to prohibit all commercial cannabis activity except for deliveries; and WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires to amend Zoning Ordinance Article 59 to allow personal indoor cultivation of up to six plants, to prohibit all other cultivation, and to prohibit all commercial cannabis activity except for deliveries; and WHEREAS, the City Council of the City of Redwood City is the decision-making body for this Ordinance; and ATTY/ORD.447/AMENDING ARTICLE 59 REGARDING CANNABIS ORDINANCE NO. 1130-370 REV: 10-16-17 MI MUFF NO. 301 Page 2 of 6