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11/09/2020 <br />ORDINANCE NO. 1130-382 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY <br />AMENDING ARTICLE 59 OF THE REDWOOD CITY ZONING ORDINANCE <br />REGARDING COMMERCIAL CANNABIS ACTIVITIES TO ALLOW <br />STOREFRONT RETAIL <br />WHEREAS, in 2015, the California Legislature enacted three bills, Assembly Bills <br />243 and 266 and Senate Bill 643, commonly referred to as the Medical Cannabis <br />Regulation and Safety Act ("MCRSA"), which established a comprehensive state <br />regulatory and licensing framework for cultivation, manufacturing, sale, transportation, <br />storage, delivery, and testing of medical cannabis in California; and <br />WHEREAS, in 2016, the voters of the State of California approved Proposition 64, <br />known as the "Control, Regulate and Tax Adult Use of Marijuana Act" (AUMA), which <br />legalized recreational cannabis use by persons age twenty-one and over, authorized <br />cultivation of up to six cannabis plants for personal consumption, and established a new <br />state regulatory and licensing framework for cultivation, manufacturing, sale, <br />transportation, storage, delivery, and testing of adult use cannabis in California; and <br />WHEREAS, in 2017, the California Legislature enacted Senate Bill 94, which <br />repealed MCRSA, incorporated certain provisions of the MCRSA into the licensing <br />provisions of the AUMA, and consolidated the state regulatory and licensing framework <br />for medical and adult use cannabis, with the consolidated provisions to be known as <br />"Medicinal and Adult -Use Cannabis Regulation and Safety Act" (MAUCRSA); and <br />WHEREAS, MAUCRSA preserves the authority of local jurisdictions to regulate all <br />commercial cannabis business activities within their borders, pursuant to their local land <br />use and police powers embodied in Sections 5 and 7 of Article XI of the California <br />Constitution, including the power to prohibit or impose additional restrictions on the <br />cultivation, manufacture, transportation, storage, distribution, delivery, and sale of <br />commercial medical or adult use cannabis; and <br />WHEREAS, the City has a compelling interest in protecting the public health, <br />safety and welfare of its residents by regulating the commercial cultivation of cannabis by <br />indoor nurseries and the sale of cannabis and cannabis products, whether for medical or <br />adult use, in Redwood City; and <br />WHEREAS, on May 7, 2018, the City Council of Redwood City adopted <br />amendments to Article 59 of the Zoning Ordinance permitting delivery centers and indoor <br />nurseries in the General Industrial (GI), Industrial Restricted (IR), Light Industrial <br />Incubator (LII), and Industrial Park (IP) Zoning Districts with a 600 ft. buffer from protected <br />uses; and <br />WHEREAS, on August 27, 2018, the City Council of Redwood City introduced <br />amendments to Article 59 of the Zoning Ordinance allowing delivery centers and indoor <br />ATTY/ORD.524/CC ORD AMENDING ARTICLE 59 OF ZO TO ALLOW STOREFRONT RETAIL ORDINANCE NO. 1130-382 <br />REV: 10-07-2020 MI MUFF NO. 602 <br />Page 1 of 8 <br />