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05/07/2018
<br />ATTY/ORD.463/RC AMENDING ARTICLE 59 COMMERCIAL CANNABIS ORDINANCE 1130-372
<br />REV: 04-27-18 MI MUFF NO. 305
<br />Page 1 of 8
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<br />ORDINANCE NO. 1130-372
<br />ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY
<br />AMENDING ARTICLE 59 OF THE REDWOOD CITY ZONING
<br />ORDINANCE REGARDING COMMERCIAL CANNABIS ACTIVITIES
<br />WHEREAS, in 2015, California enacted three bills, Assembly Bills 243 and 266
<br />and Senate Bill 643, commonly referred to as the Medical Cannabis Regulation and
<br />Safety Act (“MCRSA”), which established a comprehensive state regulatory and
<br />licensing framework for cultivation, manufacturing, sale, transportation, storage,
<br />delivery, and testing of medical cannabis in California; and
<br />WHEREAS, in 2016, the voters of the State of California approved Proposition
<br />64, known as the “Control, Regulate and Tax Adult Use of Marijuana Act” (AUMA),
<br />which legalized recreational cannabis use by persons age twenty-one and over,
<br />authorized cultivation of up to six cannabis plants for personal consumption, and
<br />established a new state regulatory and licensing framework for cultivation,
<br />manufacturing, sale, transportation, storage, delivery, and testing of adult use cannabis
<br />in California; and
<br />WHEREAS, in 2017, California enacted Senate Bill 94, which repealed MCRSA,
<br />incorporated certain provisions of the MCRSA into the licensing provisions of the
<br />AUMA, and consolidated the state regulatory and licensing framework for medical and
<br />adult use cannabis, with the consolidated provisions to be known as “Medicinal and
<br />Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA); and
<br />WHEREAS, MAUCRSA preserves the authority of local jurisdictions to prohibit or
<br />impose additional restrictions on the cultivation, manufacture, transportation, storage,
<br />distribution, delivery, and sale of 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
<br />by indoor nurseries and the sale of cannabis and cannabis products, whether for
<br />medical or adult use, in Redwood City; and
<br />WHEREAS, the proposed amendments to Article 59 of the Zoning Ordinance
<br />would allow for delivery centers and indoor nurseries with a 600 ft. buffer from protected
<br />uses and associated amendments, and continue to allow deliveries (the “Zoning
<br />Ordinance Amendment”); and
<br />WHEREAS, on March 20, 2018, the Planning Commission held a duly-noticed
<br />public hearing on the proposed Zoning Ordinance Amendment and recommended the
<br />proposed Zoning Ordinance Amendment; and
<br />WHEREAS, the City Council of the City of Redwood City is the decision -making
<br />body for this Zoning Ordinance Amendment; and
<br />WHEREAS, the City Council has reviewed and considered the exemption
<br />determinations under the California Environmental Quality Act (CEQA) prior to taking
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