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ATTY/RESO.0090/PC RESO RECOMMENDING AMENDMENTS TO ARTICLE 59 – COMMERCIAL CANNABIS ACTIVITY
<br />REV: 09-10-2020 PR
<br />Page 1 of 8
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<br />RESOLUTION NO. 20-09
<br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
<br />REDWOOD CITY RECOMMENDING AMENDMENTS TO ARTICLE 59 OF
<br />THE REDWOOD CITY ZONING ORDINANCE REGARDING
<br />COMMERCIAL CANNABIS ACTIVITIES
<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repealed MCRSA, incorporated certain provisions of the MCRSA into the licensing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
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