4/8/22, 4:46 PM PC - 2022 - 4 Resolution of the Planning Commission of the City of Cotati Recommending Amending Title 9, Chapter 9.31 by amen… cotaticityca.iqm2.com/Citizens/Detail_LegiFile.aspx?MeetingID=2303&MediaPosition=&ID=3598&CssClass=&Print=Yes 1/3 Resolution of the Planning Commission of the City of Cotati Recommending Amending Title 9, Chapter 9.31 by amending Section 9.31.060 (Places where Smoking is Optional); Amending Title 17, Chapter 17.22 by amending Table 2-2 (Allowable Land Uses) and Chapter 17.42 by amending Section 17.42.200 (Commercial Cannabis Uses and Requirements); Amending Chapter 17.90 (Definitions) and Adoption of Exemption Findings Pursuant to the California Environmental Quality Act Information
Department: City Manager Sponsors:
Category: Not Applicable
Links
Link 3571 : Commercial Cannabis Ordinance Amendments
Link to Staff Report
Attachments
Printout
Exhibit 1 - Proposed Ordinance of the City Council Amending the Commercial Cannabis Ordinance (This file has not yet been converted to a viewable format)
Body
WHEREAS, pursuant to its police powers and as authorized by the California Compassionate Use Act, the California Medical Cannabis Regulation and Safety Act (“MCRSA”), the Adult Use of Marijuana Act (“AUMA”), SB 94 and the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”), the City may enact laws or regulations pertaining to cannabis cultivation, dispensing, manufacturing, distribution, transportation and testing within its jurisdiction; and WHEREAS, the City Council has previously adopted a commercial cannabis ordinance regulating the permitting of commercial cannabis businesses within the City of Cotati; and WHEREAS, the City wishes to streamline permitting of level 2 manufacturing and microbusinesses, allow for cannabis consumption cafes/lounges associated with cannabis retail businesses, including amendments to the smoking ordinance and associated edits to clarify the commercial cannabis ordinance; and WHEREAS, the proposed municipal code amendments contained herein are consistent with the goals and policies of all elements of the General Plan, as well as any applicable specific plan in that the amendments will continue commercial cannabis uses in appropriate commercial and industrial districts designated to support such uses and will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
WHEREAS, Chapter 17-22 of the Municipal Code is a permissive ordinance and, except as otherwise expressly provided, the amendments adopted herein do not confer any additional rights or permits related to medical or adult use cannabis activities; and
Cotati City
CA
PC Resolution
PC - 2022 - 4
4/8/22, 4:46 PM PC - 2022 - 4 Resolution of the Planning Commission of the City of Cotati Recommending Amending Title 9, Chapter 9.31 by amen… cotaticityca.iqm2.com/Citizens/Detail_LegiFile.aspx?MeetingID=2303&MediaPosition=&ID=3598&CssClass=&Print=Yes 2/3 WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 2022 to introduce an ordinance to amend municipal code Title 17 by amending Chapters 17.22 and 17.90, and section
17.42.200 and Title 9, section 9.31.060; and
WHEREAS, the Planning Commission reviewed all evidence submitted in connection with the amendments, including public testimony and all other documents and evidence which are part of the record of proceedings.
NOW THEREFORE BE IT RESOLVED THAT the Planning Commission of the City of Cotati does hereby find and resolve as follows:
1. Recitals.
The foregoing recitals are true and correct and are incorporated into the findings herein.
2. Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, and 3) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of municipal code amendments removing the requirement for use permits for level 2 commercial cannabis manufacturing and microbusinesses, allowing cannabis consumption café/lounges, allowing for smoking at cannabis consumption café/lounges, and associated clarifications to the commercial cannabis ordinance.
3. General Plan Consistency
The proposed ordinance to amend the municipal code to allow for commercial cannabis consumption café/lounges as included in this Resolution is in the best interest of the City because it furthers established goals, policies, and implementation programs of the General Plan to promote economic development including:
Objective LU 1C-Encourage and where possible prioritize development of infill and underutilized sites within mostly developed areas, in order to minimize the premature extension of infrastructure.
Goal LU 3 Provide for a range of commercial, industrial and mixed uses to provide Cotati’s residents access to jobs, and employment and support the local economy.
Policy LU 3.6 Support the continued development and intensification of employment centers throughout all non-residential areas of the City.
3. Environmental Determination
The Planning Commission finds and determines that the adoption and implementation of this ordinance is exempt from further analysis under the California Environmental Quality Act in that the ordinance fulfills certain policies and objectives identified in the 2015 General Plan and Housing Element and is consistent with the program level Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update (certified on March 24, 2015 (Resolution No. 2015-11)). The Planning Commission recommends that no further environmental review is required in accordance with Section 15168 of the CEQA Guidelines.
4. Severability
4/8/22, 4:46 PM PC - 2022 - 4 Resolution of the Planning Commission of the City of Cotati Recommending Amending Title 9, Chapter 9.31 by amen… cotaticityca.iqm2.com/Citizens/Detail_LegiFile.aspx?MeetingID=2303&MediaPosition=&ID=3598&CssClass=&Print=Yes 3/3 If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Cotati forwards its recommendation to the City Council to adopt the Ordinance attached as Exhibit 1 of this Resolution, amending the municipal code to streamline permitting of level 2 manufacturing and microbusinesses, allow for cannabis consumption cafes/lounges associated with cannabis retail businesses, including amendments to the smoking ordinance and associated edits to clarify the commercial cannabis ordinance.
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