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05/07/2018 ATTY/ORD.463/RC AMENDING ARTICLE 59 COMMERCIAL CANNABIS ORDINANCE 1130-372 REV: 04-27-18 MI MUFF NO. 305 Page 2 of 8 any approval actions on this Zoning Ordinance Amendment and approves such exemptions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. The City Council hereby finds that the proposed Zoning Ordinance Amendment is in the public interest. Section 3. This proposed Zoning Ordinance Amendment has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). Two exemptions apply. For the proposed delivery centers a llowed by right, the Zoning Ordinance Amendment is exempt from CEQA as it can be seen with certainty that there is no possibility for causing a significant effect on the environment (Section 15061(b)(3)) as described in the staff report. For the indoor nurseries, the proposed ordinance is statutorily exempt from the requirements of CEQA under Business and Professions Code Section 26055(h), which states that CEQA does not apply to the adoption of an ordinance, rule or regulation by a local jurisdiction that requires discretionary review and approval of other permits or licenses, as described in the staff report. Those uses shall require a Use Permit. Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the Office of the City Clerk at 1017 Middlefield Road, Redwood City, California. The City Clerk is the custodian of records for all matters before the City. Section 4. The City Council of the City of Redwood City hereby adopts the following amendments to Article 59 of the Redwood City Zoning Ordinance by adding the text shown in underline (example) and deleting the text shown in strikeout (example),as shown in Exhibit A, which is attached hereto and incorporated herein by reference. Wording in brackets ([example]) is informational only and is not to be included in the published ordinance. (Exhibit A). Section 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Redwood City hereby declares that it would have recommended adoption the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 6. This Ordinance shall go into effect 30 days following its adoption.