Agenda packet — Cotati City Council, April 26, 2022 (part 2 of 2)

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Lindsay
Rucker
Rohnert Park
94949
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This form was created inside of Mercy Wellness.

Letter of Support for Mercy Wellness of Cotati On-Site Consumption My Name Is: *
I care about what happens in my community, and I especially love that Mercy Wellness: * This affects me personally or someone I care about because:

First Name: *
Last Name: *
City: *
Zip Code: *
*
03 30 2022
Forms

8.A.d
Packet Pg. 262 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Kendall Smith
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Mercy Wellness will be applying for an on-site consumption lounge located at 7950 Redwood Drive, Cotati CA 94931 as a part of their Microbusiness license. Mercy Wellness is working with the City and law enforcement to establish a fully compliant facility. Mercy Wellness is 100% committed to safety, security and impact mitigation.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

It creates a safe environment for smokers
Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Kendall
Smith
Rohnert Park
94928
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
03 31 2022
Forms

8.A.d
Packet Pg. 263 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Stacey Mackey
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Its a good smoking social environment
Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Stacey
Mackey
Rohnert Park
94928
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
03 31 2022
Forms

8.A.d
Packet Pg. 264 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Janiece Jennings
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Of cancer and epilepsy
Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Janiece
Jennings
Cotati
94928
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 01 2022
Forms

8.A.d
Packet Pg. 265 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Lorraine Durette
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

It sounds like a good idea
Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Lorraine
Durette
Petaluma
94952
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 01 2022
Forms

8.A.d
Packet Pg. 266 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Scott Singer
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Scott
Singer
Petaluma
94954
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
06 01 1958
Forms

8.A.d
Packet Pg. 267 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Antonia Nell
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

As an adult I need new ways to meet people and participate in community Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Antonia
Nell

SANTA ROSA
95401
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
08 21 1956
Forms

8.A.d
Packet Pg. 268 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Kimberley Freeman
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:
safe and friendly places to try new products and connect with others in the community Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Kimberley
Freeman
Petaluma
94954
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
11 27 1966
Forms

8.A.d
Packet Pg. 269 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Vicky Smirnoff
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

I suffer from chronic pain and am always seeking new solutions. Would love to be able to try before I buy! Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Victoria
Smirnoff
Rohnert Park
94928
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 04 2022
Forms

8.A.d
Packet Pg. 270 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Sam miller
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other: Taxes benefit the community
Safe access is important
Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Samuel
Miller
Petaluma
94952
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 27 1981
Forms

8.A.d
Packet Pg. 271 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Zackery Weems
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Zackery
Weems
Rohnert Park
94928
MM
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DD
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 05 2022
Forms

8.A.d
Packet Pg. 272 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Eric Dia
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Eric
Diaz
Petaluma
94952
MM
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DD
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YYYY
This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 05 2022
Forms

8.A.d
Packet Pg. 273 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Elisa
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Elisa
Smith
Petaluma
94952
MM
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DD
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YYYY
This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
08 11 1982
Forms

8.A.d
Packet Pg. 274 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Kevin Gomes
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

With my disability I prefer natural remedies to ease my pain the prescription medicine is to unhealthy and addictive. This setting would allow me to try different strains to see how they react to my conditions Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Kev
Gomes
Petaluma
94954
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 05 2022
Forms

8.A.d
Packet Pg. 275 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Jordan Rattet
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

I need a social space
Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Jordan
Rattet
Rohnert Park
94928
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 05 2022
Forms

8.A.d
Packet Pg. 276 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Hayden
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Hayden
Fehler
Petaluma
94952
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
12 14 1999
Forms

8.A.d
Packet Pg. 277 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Leah
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Leah
Holmes
Rohnert park
94928
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
01 04 1998
Forms

8.A.d
Packet Pg. 278 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Taylor nash
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

My boyfriend and I think it’s important to kinda switch hopefully to weed lounges vs bars! We all know how messy Alcohol can be Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Taylor
Nash
Rohnert park
94928
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
04 23 2000
Forms

8.A.d
Packet Pg. 279 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Michael
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

My girlfriend and I think it would bring awesome people together for weed lounges vs bars because alcohol can be messy! Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Michael
Nicholson
Rohnert park
94928
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
09 16 1993
Forms

8.A.d
Packet Pg. 280 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Alyssa Patino
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Alyssa
Patino
Cotati
94931
MM
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This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
06 02 1998
Forms

8.A.d
Packet Pg. 281 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail Email *
[email protected]
Dear City of Cotati Planning Commission & City Council:

Angel
I am writing to you in support of the City of Cotati adopting an on-site consumption ordinance. I strongly believe that Mercy Wellness of Cotati will bring safe and qualified cannabis products to our local community. On-site consumption lounges are the future of the cannabis industry, and allows customers to try new products in a safe and comfortable environment.

Has an experienced leadership team that has operated the Mercy Wellness of Cotati Dispensary.

Increases education and safe access to high-quality medicine for locals and tourists.

Is a responsible neighbor by conducting operations quietly, discreetly, and respectfully.

Dedicated to our local community by donating to local organizations and non-profits.

Makes public safety their top priority and operates an above-board facility.

Creates good jobs for local Sonoma County citizens with a living wage and career path.

Is compatible with Cotati's vision for a vibrant community, and mixed-use commerce.

Other:

I will be able to be apart of a community that may lead to more community events to promote good wellbeing within this county Please approve Mercy Wellness of Cotati's application. Thank you for your time and consideration.

Signed By:

Angel
Martinez
San Rafael
94901
MM
/
DD
/
YYYY
This form was created inside of Mercy Wellness.

First Name: *
Last Name: *
City: *
Zip Code: *
*
07 14 1998
Forms

8.A.d
Packet Pg. 282 Attachment: Letter of Support for Mercy Wellness of Cotati On-Site Consumption Lounge (1-259) (Commercial Cannabis Ord. Revisions - Retail

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Packet Pg. 283 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 284 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 285 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 286 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 287 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 288 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 289 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 290 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 291 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 292 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 293 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 294 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 295 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 296 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 297 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 298 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 299 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 300 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 301 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 302 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 303 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 304 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 305 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 306 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 307 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 308 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 309 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 310 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 311 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 312 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 313 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 314 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 315 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 316 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 317 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 318 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 319 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 320 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 321 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 322 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 323 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 324 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 325 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 326 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 327 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 328 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 329 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 330 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 331 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 332 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 333 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 334 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 335 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 336 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 337 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 338 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 339 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 340 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 341 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 342 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 343 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 344 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 345 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 346 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 347 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 348 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 349 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 350 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 351 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 352 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 353 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 354 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 355 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 356 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 357 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 358 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 359 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 360 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 361 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 362 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 363 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 364 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 365 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 366 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 367 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 369 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 370 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 371 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 372 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 373 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 374 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 375 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 376 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 377 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 378 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 379 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 387 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 391 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Packet Pg. 394 Attachment: Mercy OSC Handwritten Letters of Support (3-18-22 to 4-7-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Attachment: Mercy OSC Handwritten Letters of Support (As of 3-17-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Attachment: Mercy OSC Handwritten Letters of Support (As of 3-17-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Attachment: Mercy OSC Handwritten Letters of Support (As of 3-17-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

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Attachment: Mercy OSC Handwritten Letters of Support (As of 3-17-22) (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) 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

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Packet Pg. 477 Attachment: PC - 2022 - 4 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) 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

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Packet Pg. 478 Attachment: PC - 2022 - 4 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) 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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Packet Pg. 479 Attachment: PC - 2022 - 4 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) EXHIBIT 1
Ordinance of the City Council of the City of Cotati 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
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 WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 2022 to review 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; and

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Packet Pg. 480 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) WHEREAS, the City Council held a duly noticed public hearing on ________, 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 City Council 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; and NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati does hereby find and resolve as follows:

Section 1. Recitals
The foregoing recitals are true and correct and are incorporated into the findings herein.

Section 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, allowing cannabis consumption café/lounges, allowing for smoking at cannabis consumption café/lounges, and associated clarifications to the commercial cannabis ordinance.

Section 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.

Section 4. Environmental Determination
The City Council 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 City Council recommends that no further environmental review is required in accordance with Section 15168 of the CEQA Guidelines.

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Packet Pg. 481 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Section 5. Amendment to the Cotati Municipal Code. Section 9.31.060 Places where smoking is optional is amended, as follows:

Notwithstanding Section 9.31.050, smoking is optional in the following enclosed and unenclosed areas within the city except in areas where smoking is prohibited by state or federal law, in which case the state or federal law shall apply:

A. Private residential property developed and occupied with detached housing units, unless said residential property is used as a child care or health care facility subject to separate registration or licensing requirements.

B. Public streets, alleys and abutting sidewalks, unless otherwise prohibited, and only when the streets, alleys or abutting sidewalks are being used in their traditional capacity as pedestrian or vehicular thoroughfares to travel from one destination to another.

C. Private automobiles.

D. In up to twenty-five percent of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least seventy-five percent or more of its guest rooms as nonsmoking rooms. Smoking-allowed rooms shall be segregated from nonsmoking rooms and located on separate floors, wings, or portions of the building. Smoking and nonsmoking rooms shall not be interspersed. Nothing in this chapter shall require a hotel or motel to allow smoking, and smoking may be prohibited on the entire property.

E. By performers during theatrical productions, if smoking is an integral part of the story in the theatrical production.

F. Designated smoking areas that meet the requirements set forth in Section 9.31.070.

G. Cannabis Consumption Café/Lounges, as permitted by the City in accordance with Chapter 17.42.200, provided the activity is compliant with local requirements and state law. This use shall meet the following additional requirements:

1. Enclosed smoking areas must be separately ventilated, with sufficient negative pressure, air exchange, odor control/filtration, self-closing sealed doors, and other operational and physical measures to ensure that the general public or other persons outside of the enclosed smoking area are not exposed to secondhand smoke or associated odors. Employee exposure, if any, shall be consistent with State law.

2. Outdoor smoking areas, if any, must be approved by the City on a case-by-case basis by meeting the requirements of the City through an associated cannabis permit. Additionally, these areas must be sufficiently ventilated to prevent any secondhand smoke or odors from being detectable beyond the boundaries of the permitted area.

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Packet Pg. 482 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) H. Notwithstanding any other portion of this chapter, electronic smoking devices may be used within retail tobacco stores for product sampling. Retail tobacco stores shall post signs prohibiting people less than twenty-one years of age from entering the establishment.

Section 6. Amendment to the Cotati Municipal Code. Chapter 17.90 Definitions is amended, as follows:
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26000(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis accessories” has the same meaning as in Section 11018.2 of the Health and Safety Code. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.
“Cannabis cultivation area” (or “canopy”) means the total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority. “Cannabis cultivation – indoor” means the cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting. “Cannabis cultivation – mixed-light” means the cultivation of cannabis using any combination of natural and supplemental artificial lighting.

Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category. “Cannabis cultivation – outdoor” means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.

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Packet Pg. 483 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) “Cannabis cultivation site” means the location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities is currently occurring or proposed to occur in the future.
“Cannabis license” means a state license issued pursuant to MAUCRSA. “Cannabis licensee” means a person issued a state license under MAUCRSA to engage in commercial cannabis uses or activity. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis Consumption Café/Lounge”. Cannabis Consumption Café/Lounge shall mean a secure location with on-site use of Cannabis or Cannabis Products associated with a valid Cannabis Retail or Microbusiness Permit with associated Retail activity, issued by the City.

Section 7. Amendment to the Cotati Municipal Code. Chapter 17.22 Allowable Land Uses, Table 2-2 is amended, as follows:

Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses

RESIDENTIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER
PARCEL
(square feet
of canopy or
# of plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
Open Space
Conservation
Open
Space
Recreation
Rural
Residential
Residential
Very Low
Neighborhood
Low
Neighborhood
Medium
Neighborhood
Urban
Med/AU OSC OSR RR RVL NL NM NU
PERSONAL CANNABIS CULTIVATION; No
Permit Required
Personal
or
Caregiver
6 plants/parcel None Exempt – – P P P P P
Formatted:

Formatted:

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Packet Pg. 484 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses

RESIDENTIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER
PARCEL
(square feet
of canopy or
# of plants)

MINIMUM
PARCEL
SIZE
STATE

COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(1)
1 Commercial cannabis uses are not allowed in any residential zones.

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Packet Pg. 485 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Section 7. Amendment to the Cotati Municipal Code. Chapter 17.22 Allowable Land Uses, Table 2-2 is amended, as follows:

Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses

RESIDENTIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER
PARCEL
(square feet
of canopy or
# of plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
Open Space
Conservation
Open
Space
Recreation
Rural
Residential
Residential
Very Low
Neighborhood
Low
Neighborhood
Medium
Neighborhood
Urban
Med/AU OSC OSR RR RVL NL NM NU
PERSONAL CANNABIS CULTIVATION; No
Permit Required
Personal
or
Caregiver
Cultivation
(inside
dwelling
unit or
accessory
structure
only)
6 plants/parcel None Exempt – – P P P P P

COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(1)
1 Commercial cannabis uses are not allowed in any residential zones.

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Packet Pg. 486 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Med/AU CE CG CD CI IG PF
PERSONAL CANNABIS CULTIVATION; No Permit
Required
Personal or
Caregiver
Cultivation
(inside
dwelling unit
or accessory
structure only)
6 plants/parcel None Exempt P(12) P(2) P(2) – – –

COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(3)
Outdoor Cultivation
Specialty;
Small
5,000 sf or 50
plants None 1/1 – – – – – –
Outdoor; Small 5001 – 10,000 sf None 2/2 – – – – – –
Outdoor;
Medium 10,001 – 43,560 sf None 3/3 – – – – – –
2 Allowed only in residential use portions of mixed mixed-use development. 3 Commercial cannabis uses are not allowed within the Downtown Specific Plan or Santero Way Specific Plan areas.

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8.A.h
Packet Pg. 487 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Med/AU CE CG CD CI IG PF
Outdoor; Large 43,561 sf or larger None 5/5 – – – – – – Nursery
(indoor only) 20,000 sf None 4/4 – -P – -P -P -P
Indoor Cultivation4
Specialty;
Small 501 – 5,000 sf 1A/1A – – – – – –
Small 5,001 – 10,000 sf 2A/2A – – – CCP CCP CCP
Medium 10,001 – 22,000 sf 3A/3A – – – CCP CCP CCP
Large 22,001 or larger 5A/5A – – – – – –
Mixed Light
Cultivation
Specialty ;
Cottage 2,500 sf 1C/1C – – – – – –
Specialty;
Small 2,501 – 5,000 sf 1B/1B – – – – – –
Small 5,001 – 10,000 sf 2B/2B – – – – – –
Medium 10,001 – 22,000 sf 3B/3B – – – – – –
Large 22,001 or larger 5B/5B – – – – – –
4 Nursery use is allowed as part of any City issued Indoor Cultivation Cannabis Permit. ”Specialty Cottage” cultivation is not permitted.

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8.A.h
Packet Pg. 488 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Med/AU CE CG CD CI IG PF
MANUFACTURING5
Manufacturer
1: NonVolatile/No
Solvents
N/A 6/6 – – – CCP CCP CCP
Manufacturer
2: Volatile
Solvents
N/A 7/7 – – – UCCP UCCP UCCP

TESTING
Testing
Laboratories 8/8 – P – P P P
RETAIL (w/delivery)
Non-Storefront
Retailer
(delivery only)
9/9 – – – CCP CCP CCP
Storefront
Retailer 10/10 – CCP – – – –

DISTRIBUTOR
5 Each manufacturing use type can perform related subtypesfor infusion of products and/or packaging and labeling. Shared use facilities are not permitted. “Processor” activities are considered part of cultivation, manufacturing, or distribution permit approvals, and subject to the applicable cannabis business tax, as determined by the City.

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8.A.h
Packet Pg. 489 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Med/AU CE CG CD CI IG PF
Distributor6 11/11 – CCP – CCP CCP CCP
MICROBUSINESS (with delivery and/or Cannabis
Consumption Café/Lounge)
Microbusiness 12/12 - UCCP - - - -
NOTES:
“–” Use Not Allowed “P” Permitted Use
“CCP” Commercial cannabis permit required. “UP” Use permit required. “sf” means square feet. “AU” means adult or recreational use. 6 Includes Transport-Only Distributor
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8.A.h
Packet Pg. 490 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Section 8. Amendment to the Cotati Municipal Code. Section 17.42.200 Commercial cannabis uses and requirements is amended, as follows:

A. Standards for All Commercial Cannabis Uses.

1. Purpose. This section provides the development, operating, and permit standards for all commercial cannabis activities, including both adult (recreational) and medical cannabis uses, to ensure neighborhood compatibility, minimize potential environmental impacts, mitigate potential nuisances, and provide safe, legal access to cannabis. Additional standards may apply to particular commercial cannabis uses, as established in other sections of this chapter.

2. Applicability. Commercial cannabis uses shall be permitted only in compliance with the requirements of this chapter, state law and all other applicable requirements for the specific type of use and those of the underlying base zone. In addition to the requirements of this chapter, commercial cannabis uses shall comply with all other applicable provisions of the city of Cotati’s general plan and the municipal code. Except for hospitals and research facilities that obtain written permission for cannabis cultivation under federal law, it is unlawful to cultivate, distribute, manufacture, test or transport cannabis, in amounts that exceed personal use allowances under California law, within the city without a valid permit issued pursuant to the provisions of this chapter. Possession of other types of state or city permits or licenses does not exempt an applicant from the requirement of obtaining a permit under this chapter.

Unless specific distinctions are made in subsequent sections, requirements shall apply equally to either adult use or medical cannabis activities.

3. Limitations on Use. Commercial cannabis uses shall only be allowed in compliance with this chapter and all applicable codes set forth in the Cotati Municipal Code, including but not limited to:to building, plumbing, electrical, fire, hazardous materials, and public health and safety. The operator shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting, and operational requirements of other local, state or other agencies having jurisdiction over the type of operation. The operator shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification of such compliance.

4. Application Requirements. In addition to any other disclosures, data, forms, recitals, assurances, agreements, or other information required by federal, state, or local law, applicants for a cannabis permit shall provide the following information at the time of the application for a cannabis permit:
a. Property Owner Consent. Permits for commercial cannabis uses shall only be issued where written permission from the property owner and/or landlord is provided. The applicant shall provide evidence of such consent.
b. Air Quality. The applicant shall provide a calculation of the business’s anticipated emissions of air pollutants. The applicant shall also provide assurance that the business will comply with all best management practices established by the Bay Area Air Quality Management District (BAAQMD). No cannabis permit shall be issued to any business that would exceed the thresholds of significance established by the BAAQMD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. Applicants are encouraged to design their project so as toto minimize or avoid air pollutant emissions.

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8.A.h
Packet Pg. 491 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) c. Greenhouse Gas Emissions. The applicant shall provide calculations of the anticipated greenhouse gas emissions for the operation of the business. The applicant shall further demonstrate compliance with any applicable state, regional, or local plan for the reduction of greenhouse gas emissions. No cannabis permit shall be granted for any business that would violate any state, regional, or local plan for the reduction of greenhouse gases, nor shall any cannabis permit be issued where the construction and/or operation of the business would exceed any applicable threshold of significance for greenhouse gas emissions under the California Environmental Quality Act. d. Hazardous Materials. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances. e. Water Supply. If proposed use will occupy an existing building, applicant shall demonstrate to the satisfaction of the city engineer and building official that water usage will not exceed that of the building’s intended occupancy class without additional review and prior approval by the city. If proposed use will occupy a newly constructed building, the proposed use and construction design shall include all necessary devices and processes to ensure water usage will not exceed an operation typical of the zone in which it is proposed.
f. Wastewater. The applicant shall demonstrate to the satisfaction of the city engineer that sufficient wastewater capacity exists for the proposed use. To the extent the proposed use will result in agricultural or industrial discharges to the city’s wastewater system, the applicant shall provide a plan for meeting all federal, state, and local requirements for such discharges.

5. Compliance with County Health Officials. Cannabis manufacturers, dispensaries, and delivery operations shall be subject to permit requirements and regulations, including inspections, established by the Sonoma County department of health services under the direction of the county health officer, or any other individual designated by the director to act on his or her behalf. All such permit requirements and regulations shall be interpreted to implement the purpose and intent of this chapter and shall not prohibit or unreasonably restrict any commercial cannabis use allowed under this chapter. The city manager may eliminate this requirement after the California Department of Public Health or other applicable state agency establishes regulations related to cannabis product safety.

Commercial cannabis uses that provide access to the public,including but not limited to employees, vendors, contractors, business partners, members, customers or patients, shall meet local, state and federal requirements for accessibility, including accessible parking, paths of travel, seating, restrooms,

8.A.h
Packet Pg. 492 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) and washing facilities. All facilities must be inspected by the city and fire agency prior to issuance of a cannabis permit.
b. Emissions Control. All commercial cannabis uses shall utilize appropriate measures in operation and, where applicable, construction, to prevent the emission of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.
c. Hours of Operation. Hours of operation for commercial cannabis uses are established in sections below pertaining to each particular use category. d. Odor Control and Ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this chapter. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent or nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls for odor, humidity, and mold. e. Property Setbacks. Property setbacks for commercial cannabis uses are established in sections below pertaining to each particular use category.

7. Permit Requirements. In addition to state permitting requirements and the requirements of this chapter, cannabis uses shall be subject to the cannabis permit requirements as shown in Table 2-2 of Chapter 17.22. In addition, all commercial cannabis uses must obtain a zoning clearance and pay applicable fees and taxes.

Any violations of the Cotati Municipal Code, or any other local, state, or federal law, must be cured prior to issuance of a cannabis permit. The city manager, or his/her designee, may design application forms specific to each permitted category and require inspections of proposed facilities before issuing a permit under this chapter. Commercial cannabis uses shall also be subject to permit requirements and regulations established by the Cotati Municipal Code and any additional requirements established by other sections of this chapter, resolution or ordinance of the city council or vote of the citizens of Cotati. Applicants must provide notice to properties and property owners within three hundred feet of the boundaries of the property upon which the commercial cannabis business is proposed at least fifteen days prior to consideration of the permit application. A city business license is required for certain cannabis operations, pursuant to Chapter 5.04 of the Cotati Municipal Code. a. Issuance and Term of Permit. Permits for commercial cannabis uses shall be issued to the operator by the city council for a period not to exceed two years from the date of permit approval and shall be subject to biannual permit renewals, in accordance with paragraph 8 of this subsection.

No property interest, vested right, or entitlement to receive a future permit to operate a No property interest, vested right, or entitlement to receive a future permit to operate a No property interest, vested right, or entitlement to receive a future permit to operate a No property interest, vested right, or entitlement to
receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder as such permits are revocable. Permits issued pursuant to this chapter are not transferable without prior city approval. Permits may be issued with conditions. The city has no duty or obligation to issue commercial cannabis permits. The city may elect at any time to cease issuing commercial cannabis permits, including upon receiving credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.

8.A.h
Packet Pg. 493 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) b. Operator/Permit Holder Qualifications. Commercial cannabis operators/permit holders must meet the following qualifications:
i. Commercial cannabis operators must be twenty-one years of age or older. ii. Commercial cannabis operators shall be subject to background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with any felony convictions, as specified in Sections 667.5(c) and 1192.79(c) of the Penal Code.

Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
iii. Applicants providing false or misleading information in the permitting process will result in rejection of the application and/or nullification or revocation of any issued permit.
c. Priority. This section applies generally to all commercial cannabis permits; however, additional requirements are set forth in later sections pertaining to particular commercial cannabis use categories. When processing permit applications for commercial cannabis uses, priority shall be given to applications that score highest on any city council-adopted applicant ranking system.
d. Issues of Significant Public Interest. In considering an application under this section for a cannabis permit, the city council’s review shall be limited to compliance with this chapter. The council may, however, determine that no applications meet the requirements for a particular license and that license may remain unissued due to a significant public interest. “Significant public interest” includes, but is not limited to, potential health or safety impacts, potential conflicts with neighboring uses, unique characteristics of the proposed site, unique characteristics of the proposed operations, and/or other factors that, in the city council’s discretion, warrant rejection of application(s). e. Revocation and Suspension. Any permit issued under this chapter for commercial cannabis uses may be immediately suspended for any of the reasons listed in subsections
A. Standards for All Commercial Cannabis Uses, paragraph 7(e)(i) through (vii). Any permit issued under this chapter may be revoked by the city, following notice and opportunity for a hearing, upon any of the following:
i. An operator ceases to meet any of the minimum qualifications listed in subsection A. Standards for All Commercial Cannabis Uses, paragraph 7 (b), fails to comply with the requirements of this section or any conditions of approval of the permit.
ii. An operator’s state license for commercial cannabis operations is revoked, terminated, suspended or not renewed. In the case of a suspension, the city shall

8.A.h
Packet Pg. 494 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) not reinstate the permit until documentation is received showing that the state license is eligible to be reinstated or reissued. It shall be up to the city’s discretion whether the city reinstates any permit.
iii. The commercial cannabis operation has not been in regular and continuous operation for six consecutive months.
iv. State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them. v. Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification. vi. The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application. vii. The operator/permit holder/business is not current on city taxes or fees.

8. Exercise and Renewal of Permit. Commercial cannabis permits shall be exercised only by the applicant and are not transferable without prior city approval. Permits shall expire upon termination of the business for which it was issued, or upon sale or unauthorized transfer of ownership of the cannabis operation. Any cannabis permit that is abandoned for a period of six months shall automatically expire and shall become null and void with no further action required on the part of the city. For purposes of this section, abandonment shall mean the failure to initiate the activities described in the permit application or cessation of regular and continuous business operations. All commercial cannabis permits have a term of two years and must be renewed prior to expiration. Operator must apply for permit renewal no less than sixty days prior to the expiration of their current permit. Approval of permit renewals may be issued by the city manager following demonstration by the operator/permittee of compliance with all requirements in effect. .

Review shall also
include, but not be limited to, analyses of the following:
a. The use has been conducted in accordance with this section and any and all applicable permit conditions, state and local laws and regulations and is in good standing with all state and local agencies.
b. Any and all violations or complaints have been promptly addressed and cured to the satisfaction of the police chief and city manager.
c. The business for which the permit was approved has not been transferred without authorization to another owner or operator.
d. There are no outstanding violations of health, safety, or municipal code. e. The business for which the permit was approved is current on all city taxes and fees due.

8.A.h
Packet Pg. 495 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

9. Health and Safety. Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

10. Taxes. Commercial cannabis uses shall timely remit payment of all applicable taxes that may be enacted by the voters, including Chapter 5.30, or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.

11. Security. The following security measures shall be adhered to by all operators. Additional security measures may apply to particular commercial cannabis uses, as established in this section.
a. A safety and security plan shall be required at the time of permit application and shall be subject to review and approval by the Cotati police department and the city manager.

All safety and security plans shall be held in a confidential file exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Such plans shall include, at a minimum, information regarding implementation of the requirements of this section.

The police chief may require additional information be included in the plan. b. Security cameras shall be required and shall be installed with capability to record activity on the property, including entry points to the property and within all buildings and structures on the property, including all entrances, exits, perimeter windows and all areas where customers and employees may have access, apart from any restroom area. Security cameras shall record twenty-four hours a day, seven days a week. Additionally:
i. Areas where cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
ii. Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing, or labeling activities occur. iii. At least one camera must be dedicated to record the access points to the secured surveillance recording area.
iv. At each entrance and exit to the facility, camera coverage must enable recording of customer facial features with sufficient clarity to determine identity. c. Surveillance video shall be kept for a minimum of ninety days in a format that can be easily accessed for viewing. Video must use standard industry format to support criminal investigations. Permit holders shall be required to cooperate with all law enforcement investigations and provide video footage related to any such investigation upon request.

Motion-sensor lighting and alarms shall be required and shall be professionally installed and monitored to ensure the safety of persons and to protect the premises from theft.

Alarm and surveillance systems shall be equipped with a failure notification system that provides prompt notification to the operator of any prolonged surveillance interruption and/or failure of the system. All surveillance equipment, records, and recordings must be

8.A.h
Packet Pg. 496 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.
d. A permittee shall maintain up-to-date and current records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the alarm installation company, and the name of any monitoring company. Off-site monitoring and video recording storage of the premises by the licensee or an independent third party is authorized if standards exercised at the remote location meet or exceed all standards for on-site monitoring.
e. All security measures installed on site shall have the capability to remain fully operational during a power outage.
f. Weapons and firearms are prohibited on the property, except law enforcement. g. Security measures shall be designed to ensure emergency access in compliance with fire safety standards.
h. All structures used for commercial cannabis activities shall have locking doors, with commercial-grade nonresidential locks, to prevent free access. i. Security measures shall prevent individuals from remaining on the premises of the commercial cannabis business if they are not engaging in activities expressly related to the operations of the business.
j. Security measures shall include a transportation plan that details the procedures established for the safe and secure transport of cannabis, cannabis products, and currency to and from the business, including the transfer of currency for city tax payments.
k. Except for live growing cannabis plants and products on display for sale at retail dispensaries during hours when the business is open to the public, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault that meets approval of the Cotati police department. To the fullest extent possible, all cannabis and cannabis products shall be kept in a manner that prevents theft and loss, except for limited amounts used for the purposes of display or immediate sales. l. Duress alarm buttons shall be installed in all commercial cannabis facilities with easy access by employees and all employees shall be properly trained in their use. m. Any security bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building. n. Security personnel hired by the commercial cannabis business shall be subject to prior review and approval of the chief of police or his or her designee. This requirement may include Department of Justice clearance of individuals.

8.A.h
Packet Pg. 497 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) o. Each commercial cannabis business shall identify a liaison and their contact information to the Cotati police department who shall be reasonably available to meet with the chief of police or his or her designees regarding security measures and operational issues.

Permits for commercial cannabis uses shall not be permitted for operators with any felony convictions, as specified in Sections 667.5(c) and 1192.7(c) of the Penal Code. Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement, or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
c. Each owner or operator of a commercial cannabis business shall maintain on site a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the chief of police, designee, or any other city official authorized to enforce the Cotati Municipal Code for purposes of determining compliance with this chapter.
d. The police chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business must obtain a work permit from the city of Cotati. At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is working and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers. The police chief may establish a fee for the cost of issuing such permit.

13. Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

14. Tracking. Commercial cannabis operators shall comply with any track and trace program established by the city, county or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the city or county upon request. The city manager may require commercial cannabis operators to comply with a county track and trace system if appropriate.

8.A.h
Packet Pg. 498 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) b. Diversion, theft, or loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
c. Any other breach of security.

16. Inspections. Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including but not limited to the Departments of Health Services, Agriculture/Weights and Measures, and the city of Cotati. Cannabis operations shall be inspected at random times for conformance with the Cotati Municipal Code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours, with at least twenty-four hours’ notice. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may request that the city temporarily suspend the permit and order the cannabis operation to immediately cease operations.

17. Monitoring. Administrative monitoring shall be required for each commercial cannabis use and operation to be granted a permit. An annual monitoring fee may be adopted by resolution of the city council and collected by the city.

18. Restriction on Alcohol Sales. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis use business. This section shall not apply to responsible after-hours consumption by employees which does not violate any state or local law or regulation. After-hours consumption, however, is not permitted at any cannabis retail dispensary or microbusiness.

19. Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become a personal liability of any public officer or employee of the city. To the maximum extent permitted by law, the permittees under this chapter shall defend (with counsel acceptable to the city), indemnify and hold harmless the city of Cotati, the Cotati city council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “city”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, city attorney or staff time, expenses or costs) (collectively called “action”) against the city to attack, set aside, void or annul any cannabis related approvals and actions, and strictly comply with the conditions under which such permit is granted, if any. The city may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the city for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.

B. Standards for Commercial Cannabis Cultivation

1. Purpose. This subsection establishes development, operating, and permit standards for commercial cannabis cultivation activities as allowed by the base zoning district and provisions of subsection
A. Standards for All Commercial Cannabis Uses.

2. Applicability. This subsection shall apply to all commercial cannabis cultivation uses and activities, including but not limited to indoor cultivation environments and associated drying,

8.A.h
Packet Pg. 499 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) curing, grading, and trimming facilities. Cannabis cultivation does not include operations that manufacture cannabis products such as oils, tinctures, or edibles, which are classified separately. Commercial cannabis cultivation operations shall comply with state laws and regulations, and the following standards in addition to the requirements of this section.

3. Permit Requirements. In addition to the requirements of subsection A. Standards for All Commercial Cannabis Uses, commercial cannabis cultivation shall be subject to the permit requirements as shown in Table 2-2, Allowable Land Uses and Permit Requirements, of Chapter 17.22, and under this section. Initial permits for cultivation sites shall be issued by the city council; renewals may be approved by the city manager or his/her designee. Structures shall follow all city of Cotati zoning requirements of the underlying base zone.

4. Limitations on Use. All cultivation shall be conducted and maintained in compliance with applicable state laws and regulations, this chapter, and with any other standards and best management practices adopted by the city council through resolution or ordinance. All structures used in cultivation shall be subject to all applicable laws, including the California Building Code, California Fire Code, and all regulations of the Cotati Municipal Code.

5. Development Criteria.
a. Number of Permits. No more than five (5) commercial cultivation permits of any type shall be allowed at any time. Multiple permits may be issued for multi-tenant operations on a single parcel; provided, that the total cultivation area of all tenants does not exceed a maximum of one acre, and provided such permits are allowed under state law. Any commercial cultivator who obtains state licenses for both adult (recreational) and medical cultivation for the same cultivation premises shall only require one commercial cultivation permit from the city.
b. Square Footage Limitations. The total combined square footage of the cultivation canopy area shall not exceed the maximum size thresholds as defined in Table 2-2, Allowable Land Uses and Permit Requirements, of Chapter 17.22, . Structures
and areas where cannabis is processed, dried, aged, stored, trimmed, packaged or weighed, and areas where equipment is stored and washed, shall be limited to the on-site cultivation use only.
c. Setbacks. All structures used for indoor commercial cultivation and all structures used for drying, curing, grading or trimming shall comply with the setbacks for the base zone districts. Cultivation shall be screened from public view and there shall be no exterior evidence of cultivation.
d. Building Requirements. All structures used in commercial cultivation require a building permit and shall comply with all applicable sections of the Cotati Municipal Code.

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Packet Pg. 500 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) e. Fire Code Requirements. The operator shall prepare and implement a fire prevention plan for construction and ongoing operations and obtain all required permits from the fire agency. The fire prevention plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management and firebreak maintenance around all structures.
f. Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.
g. Runoff and Storm Water Control. Runoff containing sediment, or other waste or byproducts, shall not be allowed to drain to the storm drain system, waterways, or adjacent lands and must comply with all other applicable water quality standards of the city’s municipal code.
h. Security and Fencing. In addition to the security requirements in subsection A. Standards for All Commercial Cannabis Uses paragraph 11, the following security and fencing standards apply to commercial cannabis cultivation uses:
i. Security cameras shall be installed with the capability to record activity beneath the canopy but shall not be visible from surrounding parcels and shall not be pointed at or recording activity on surrounding parcels.
ii. Security measures shall be designed to ensure emergency access in compliance with fire safety standards. All structures used for cultivation or storage of cannabis shall have locking doors, using commercial-grade locks, to prevent free access.

6. Operating Standards. In addition to standards contained in Section 17.42.020, the following standards shall apply to all commercial cannabis cultivation uses:
a. Compliance Inspections. All cultivation sites shall be subject to on-site compliance inspections by the city. The inspection shall be conducted during regular business hours, with at least twenty-four hours’ notice unless public health or safety requires otherwise. b. Air Quality and Odor. All indoor cultivation operations and any drying, aging, trimming and packing facilities shall be equipped with odor control filtration and ventilation system(s) to control odors, humidity, and mold. Cultivation sites may not create odors amounting to a nuisance and must comply with Cotati Municipal Code nuisance regulations.
c. Energy Use. Use of renewable energy for indoor cultivation is strongly encouraged and the city’s commercial cannabis permit application procedures may award credit for use of renewable energy. All permittees will be required to submit a detailed energy conservation plan which includes a description of devices which will enable proposed facility and activities to operate at or below energy usage parameters of

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Packet Pg. 501 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) the building’s occupancy classification. Energy usage shall not exceed that of the building’s intended occupancy class without additional review and prior approval by the city.
d. Hazardous Materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tank, aboveground storage tanks and AB 185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the Fire Prevention Division, Certified Unified Program Agency (CUPA) of Sonoma County Fire and Emergency Services Department or Agricultural Commissioner. e. Hours of Operation. Indoor cultivation activities may be conducted seven days a week, twenty-four hours per day as needed, unless otherwise conditioned in a cannabis permit or otherwise prohibited by the base zone. Associated outdoor activities such as loading and unloading shall be limited to the hours of six a.m. to six p.m., unless a cannabis permit is obtained that allows otherwise. f. Noise Limits. Cultivation operations shall not exceed the noise standards for industrial development set forth in Chapter 17.30
.
g. Occupational Safety. Cultivators shall comply with all applicable federal, state, and local laws and regulations governing California agricultural employers, which may include: federal and state wage and hour laws, CAL/OSHA, OSHA and the California Agricultural Labor Relations Act.
h. Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the cultivation and processing activities shall be submitted for review and approval by the city. This plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose of or reuse the wastes in compliance with any regulations adopted by the city council through resolution or ordinance.

All garbage and refuse on the site shall be accumulated or stored in nonabsorbent, watertight, vector-resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight-fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on this site shall not be accumulated or stored for more than seven calendar days, and shall be properly disposed of before the end of the seventh day in a manner prescribed by the solid waste hauler or local enforcement agency. All waste, including but not limited to refuse, garbage, green waste, and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access by the public.
i. Waste Water Discharge. A waste water management plan shall be submitted identifying the amount of waste water, excess irrigation and domestic waste water anticipated, pretreatment method (when applicable), as well as disposal method. All cultivation operations shall comply with all state regulations, any regulations adopted by the city council through resolution or ordinance and the discharger shall submit to the city verification of compliance with the waste discharge requirements of the applicable Regional Water Quality Control Board, or waiver thereof if needed. Excess irrigation

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Packet Pg. 502 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, grey water or bioretention treatment system. All waste water discharged to the city sewer system shall comply with the city’s municipal code. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.
j. Water Supply. An on-site water supply source, adequate to meet all on-site uses on a sustainable basis, shall be provided. Trucked water shall not be allowed without prior authorization by the city. The on-site water supply shall be considered adequate with documentation of the following sources:
i. Recycled Water. The use of recycled process waste water from an on-site use or connection to a municipal recycled water supply for the cultivation use; provided, that an adequate on-site water supply is available for employees and other uses.

C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses

1. Purpose. This subsection provides the locational, operational, and permit standards for any cannabis dispensary within the city in order to promote the health, safety, and general welfare of its residents and businesses. The standards in this section shall be in addition to standards contained in subsection
A. Standards for All Commercial Cannabis Uses of this section for all commercial cannabis uses.

2. Applicability. Cannabis Storefront Retailer Dispensaries and Microbusinesses with retail activity (collectively “Retail Dispensary” or “Retail Dispensaries”) shall be permitted only in compliance with the requirements of this subsection C, and all other applicable requirements of subsection
A. Standards for All Commercial Cannabis Uses, the underlying zoning district and all other applicable requirements of the city’s municipal code, including Chapter 5.30, Cannabis Business Tax, and state and county agencies. These regulations do not apply to license Type 9, Non-Storefront Retailers, which is addressed under subsection D. Standards for Manufacturing, Testing, Storage, Distribution and Non-Storefront Retail of Commercial Cannabis of this section.

3. Permit Requirements and Application Procedure. A commercial cannabis permit for retail sales, issued in compliance with any applicable permit issued by the Sonoma County department of health services, shall be required to operate within the city of Cotati. Cannabis Retail Dispensaries shall also be subject to permit requirements and regulations established by the state and those established by the city council through resolution or ordinance, or by vote of the citizens of Cotati. Additionally, cannabis Retail Dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements.

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Packet Pg. 503 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) a. The city council shall, following an open application period and review of applications by city staff and recommendations by the city manager or designee, consider commercial cannabis permit applications for Retail Dispensaries meeting all minimum qualifications at a properly noticed public hearing. b. The city may adopt such forms, fees, and procedures as are necessary to implement this section with respect to the selection, investigation process, renewal, revocation, and suspension of cannabis retail permits. Such procedures may include a priority ranking system, and appointment of a staff review panel for cannabis retail permits.
c. The application must include, at a minimum, the following:
i. Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application for the cannabis Retail Dispensary permit, and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the Cotati Municipal Code pertaining to the establishment and operation of the cannabis retail use, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the cannabis retail permit shall, in no way, permit any activity contrary to the Cotati Municipal Code, or any activity which is in violation of any applicable laws. ii. All necessary information related to the facility and its operators, including names, birth dates, addresses, social security numbers, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last ten years, investor and/or partner information, address and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual’s privacy interests and public health and safety. iii. Operating plan as required under this subsection, paragraph 7 .
iv. Security plan as required under subsection
A. Standards for All Commercial Cannabis Uses, paragraph 11.. v. Site plans pursuant to subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses, paragraph 9.

4. Limit on Number of Dispensaries. No more than two (2) cannabis Retail Dispensaries shall be permitted within the city at any one time. All facilities authorized under this section must maintain a storefront which is open to the public. No more than one of these shall be a microbusiness with a Type 12 state license.

5. Specific to Microbusinesses. A Type 12 microbusiness license shall count as a Retail Dispensary under the limits on number of dispensaries in subsection (C)(4) of this section.

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Packet Pg. 504 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Any commercial cannabis permit issued to a microbusiness with a Type 12 state license, or a state cannabis license type subsequently established, that contains a retail operation, will be subject to cannabis permit procedures and requirements for cannabis Retail Dispensaries under this section .

Any commercial cannabis permit issued to a
microbusiness with a cultivation or manufacturing component will also be subject to the applicable requirements of subsection B. Standards for Commercial Cannabis Cultivation or D. Standards for Manufacturing, Testing, Storage, Distribution and Non-Storefront Retail of Commercial Cannabis , as may be modified by the cannabis permit process.

6. Limit on Size of Dispensaries. Cannabis Retail Dispensaries shall not exceed four thousand square feet (4,000 square feet) of public dispensing area, exclusive of area designated for administrative functions, secure or restricted access spaces, restrooms, or educational functions.. The area is also exclusive of cultivation, cultivation support, packaging or manufacturing areas for Type 12 microbusiness license holders. Associated Cannabis Consumption Cafes/Lounges are not subject to this square footage limitation and will be considered on a case-by-case basis with the cannabis permit .

7. Compliance with Operating Plan and Conditions Required. In addition to the general requirements of subsection
A. Standards for All Commercial Cannabis Uses, a Retail Dispensary shall submit, as a part of the cannabis permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, hours and days of operation proposed. If permittee will hold a medical cannabis license type, the operating plan shall demonstrate methods and means of compliance with state requirements for medical dispensing, including doctor recommendations and photo identification. Any Retail Dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the facility is consistent with protection of the health, safety and welfare of the community, customers, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.
.
.

8. Location Requirements. Unless otherwise allowed under state law and as modified by this section:
a. A Retail Dispensary which is open to the public may only be located within the allowed zoning district(s) under Table 2-2 (Chapter

17.22).
b. A Retail Dispensary shall not be established on any parcel containing a dwelling unit, or within one hundred feet of a residential zoning district.

Residentially zoned does not include mixed-use zoning for purposes of this chapter.

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Packet Pg. 505 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) c. A Retail Dispensary shall not be established within six hundred feet of another cannabis Retail Dispensary or other commercial cannabis business. This rule shall not apply to the separate activities permitted as Type 12 micro-businesses. d. A Retail Dispensary shall not be established within six hundred feet from any public or private school or licensed childcare facility. e. A Retail Dispensary shall not be established within six hundred feet of any park, library, or youth center.
f. The distances listed above shall be measured between the nearest entrances of the Retail Dispensary or associated Cannabis Consumption Café/Lounge and the above listed use, along the shortest route intended and available for public passage.

9. Operating Standards. In addition to standards contained in subsection A. Standards for All Commercial Cannabis Uses, the following are the minimum development criteria and operational standards applicable to any cannabis Retail Dispensary use:
a. The building in which the Retail Dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements.
b. The Retail Dispensary shall provide adequate security on the premises pursuant to subsection
A. Standards for All Commercial Cannabis Uses, paragraph 11, and any additional requirements in this section, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. The applicant shall submit a security plan for review and approval by the Cotati police department. The security plan will remain confidential.
c. The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to all underlying zoning requirements, director review, and approval. The community development director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting, and landscaping, already meet the requirements of this section.
d. No exterior signage or symbols shall be displayed which advertise the availability of cannabis using drug-related symbols which are attractive to minors or which are carried out in a manner intended to encourage persons under twenty-one years of age to consume cannabis or cannabis products, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior. e. No person shall be allowed onto the premises unless they are an employee, customer, vendor or contractor of the Retail Dispensary, a primary caregiver, and/or a qualified patient or an employee of an agency having jurisdiction monitoring or investigating the terms of regulatory compliance. If the retailer denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the facility may be

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Packet Pg. 506 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) closed. In strict accordance with California Health and Safety Code Section 11362.5 et seq., no person under the age of eighteen shall be allowed on a medical cannabis retail site unless allowed under state law, and no person under the age of twenty one shall be allowed on a nonmedical cannabis retail site pursuant to California Business and Professions Code Section 26140. All persons entering the site, except as representing a regulatory agency, shall present a photo identification and shall establish proof of doctor’s recommendation if facility holds a medical retailer license. A doctor’s recommendation shall not be required for customers of a nonmedical cannabis retail facility. The operating plan submitted as a part of the cannabis permit application shall specify how this provision will be complied with and enforced.
f. No Retail Dispensary shall also hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.
g. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off site. Retail Dispensaries shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis facility. As such, Retail Dispensaries must install and maintain the following equipment or any other equipment which the building official or designee determines has the same or better effectiveness:
i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
ii. An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
h. No cannabis Retail Dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the cannabis permit. A Retail Dispensary may sell live starter (immature) plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis (unless the facility holds a microbusiness license from the state and such uses are allowed on the same premises under state and local laws). A Retail Dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the Department of Health Services. Not more than five percent of the dispensary area, up to a maximum of two hundred square feet, may be devoted to the sale of incidental goods for personal cannabis cultivation and use or promotional items such as clothing, hats or posters. Cannabis Consumption Cafes/Lounges are not subject to this the five percent or two hundred square foot limitation.
i. No cannabis shall be consumed on the premises. For purposes of complying with this requirement, the term “premises” includes the physical building and leasehold space, as

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Packet Pg. 507 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) well as any accessory structures, parking areas, sidewalks, driveways or other immediate surroundings except for permitted Cannabis Consumption Cafes/Lounges associated with cannabis Retail Dispensary.
j. No Retail Dispensary or associated Cannabis Consumption Café/Lounge may increase in size without amending its cannabis permit, as applicable. The size limitation shall be included in the operational plan required by subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses, paragraph 7.
k. A Retail Dispensary shall not have a
physician on site to evaluate patients for medical cannabis. l. Parking must meet the requirements of Chapter 17.36. m. Retail Dispensaries and on-site Cannabis Consumption Café/Lounge operating hours shall be limited to: Monday – Sunday: 8 a.m. to 10 p.m.

Cannabis Permit applications or amendments to Retail Dispensary cannabis permits shall include a statement as to whether the use will include a Cannabis Consumption Café/Lounge.

If included, the application shall clearly indicate the proposed area for the use and a detailed operational plan that demonstrates compliance with the requirements set forth in subsection A. Standards for All Commercial Cannabis Uses and subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses, Chapter 9-31 (Smoking and Secondhand Smoke), and other local and state laws, permits and other applicable requirements.

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Packet Pg. 508 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Cannabis Consumption Café/Lounge shall also be subject to the following requirements to be demonstrated to the City’s satisfaction in the cannabis permit application or amendment:

1. Patients or Customers. Only patients or customers 21 years of age or older are to be permitted entry to the Cannabis Consumption Café/Lounge and shall be posted as such in accordance with state law.

2. The Cannabis Consumption Café/Lounge must be located on the same legal parcel as the associated Retail Dispensary.

3. Only Cannabis or Cannabis Products from the associated Retail Dispensary shall be brought into or delivered to the Cannabis Consumption Café/Lounge utilizing internal customer access following purchase between the retail and consumption areas or other secure internal automated means. Deliveries of Cannabis or Cannabis Products to the Cannabis Consumption Cafe/Lounge, if any, shall only be allowed in accordance with the approved Cannabis Retail permit and state law.

5. A Cannabis Consumption Café/Lounge shall not allow the sale, consumption, or use of alcohol or tobacco on the premises.

6. A Cannabis Consumption Cafe/Lounge shall only sell cannabis to a customer/patient in an amount that is reasonable and consistent with personal possession and use limits allowed by the state or is otherwise protective of customer/patient health and protects the public. Implementation of a responsible cannabis service program and safe driver program acceptable to the City is required, including means to effectively manage edible cannabis or other products with delayed onset intoxication.

7. If permitted under state law and approved under the City Retail Dispensary permit, any retail sales of Cannabis or Cannabis Products in the cannabis consumption café/lounge shall include appropriate controls and security of product inventory as well as cash handling and point of sale terminals, consistent with the requirements for Retail Dispensaries.

8. Cannabis and Cannabis Products purchased at the associated Retail Dispensary or in the Cannabis Consumption Café/Lounges may be removed from their packaging and consumed in the permitted area. Cannabis and Cannabis Products not fully consumed must be resealed in their original packaging, placed in opaque packaging, and taken off site by the customer/patient.

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Packet Pg. 509 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge)

9. Ingestion of cannabis or cannabis products shall not be visible from any public place or non-age restricted area.

10. The space occupied by a Cannabis Consumption Cafe/Lounge shall be definite and distinct from the space where other licensed activities are exercised and shall be accessed through a separate entrance.

11. The entrance to the Cannabis Consumption Café/Lounge shall be clearly and legibly posted with a notice indicating that smoking and vaping of Cannabis is prohibited on-site or in the vicinity of the site, except in designated areas (as permitted in accordance with Chapter 9-31 (Smoking and Secondhand Smoke) and state law. p. Record Keeping. A cannabis Retail Dispensary shall maintain records in accordance with the state and local requirements of its license type.

If a Retail Dispensary sells medical cannabis , it shall maintain records using only the State of California Medical Marijuana Identification Card numbers issued by the county or the county’s designee, pursuant to California Health and Safety Code Section 11362.7 et seq.
as a protection for the confidentiality of the cardholders. The Retail Dispensary shall track when members’ medical cannabis recommendations and/or identification cards expire and enforce conditions of membership by excluding members whose identification cards or recommendations are invalid or expired. The facility shall maintain member records in a manner to protect confidential information in the records if the records contain information protected by applicable law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Public Law 104-191. A medical Retail Dispensary shall exclude members who are caught diverting cannabis for nonmedical use. All membership records shall be maintained on site.
i. A Retail Dispensary shall, by using the patient’s or caregiver’s identification number, keep an accurate account of the number of members who visit the dispensary each month, and also for the entire permit year. ii. The Retail Dispensary shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions. iii. The Retail Dispensary shall allow the city to access the books, records, accounts and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with the municipal code, administrative regulations, conditions of approval, and applicable laws. Books, records, accounts and all relevant data shall be produced no later than twenty-four hours after receipt of the city’s request.
q. Required Signage. The following signs, in measurements of not less than eight by ten inches, shall be clearly and legibly posted in a conspicuous location inside the Retail Dispensary where they will be visible to customers in the normal course of a transaction, stating:
ii. “The dispensing of cannabis without a state license is illegal.”

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Packet Pg. 510 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) ii. “Use or consumption of cannabis on this premises or property is prohibited.” Cannabis Consumption Café/Lounges are exempted from this requirement in the permitted consumption area.
iii. For Retail Dispensaries: “All visitors to this premises must be at least 21 years of age, or, at least 18 years of age and able to show a government issued medical cannabis ID card in accordance with California Health and Safety Code Section 11362.7 et seq.” Cannabis Consumption
Café/Lounges are required to post the following in the permitted consumption area:
“All visitors to this premises must be at least 21 years of age.” D. Standards for Manufacturing, Testing, Storage, Distribution and Non-Storefront Retail of Commercial Cannabis

1. Permits shall be issued by the city council according to the requirements of subsection A. Standards for All Commercial Cannabis Uses, paragraph 7 and this subsection D and may include conditions of approval.

2. Additional Operating Standards. In addition to the requirements of subsection A of this section, any base zone requirements, and all state laws and regulations, commercial cannabis uses permitted under this section shall also comply with the following operational standards:
a. Facilities shall not be open to the general public.
b. Extraction Processes. Manufacturers shall utilize only extraction processes that are (i) solvent free or that employ only nonflammable, nontoxic solvents that are recognized as safe pursuant to the federal Food, Drug and Cosmetic Act, and/or (ii) use solvents exclusively within a closed loop system that meets the requirements of the federal Food, Drug and Cosmetic Act, including use of authorized solvents only, the prevention of off gassing, and certification by a California licensed engineer. c. No closed loop systems shall be utilized without prior inspection and approval of the city’s building and fire code officials.
d. Standard of Equipment. Extraction equipment used by the manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the city’s building and fire code officials. e. Annual Recertification Required. Extraction equipment used by the manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on site.
f. Food Handler Certification. All owners, employees, volunteers or other individuals who participate in the production of edible cannabis products must be state certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the manufacturer’s facility where that individual participates in the production of edible cannabis products.

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Packet Pg. 511 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) g. Edible Product Manufacturing. Cannabis businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County health permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq. and Sonoma County health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.

These limits do not apply to Type 11 distribution license types issued in conjunction with another allowable type. Only standalone Type 11 license types shall count toward the total number of allowable permits. No more than one of these permits may be issued to a Type 9 non-storefront retailer license holder. The remaining permits may be issued among the allowable types identified in Table 2-2, Allowable Land Uses and Permit Requirements, of Chapter 17.22, in any combination.

Permittees who obtain state licenses for both adult (recreational) and medical uses for the same premises shall require one commercial permit from the city. b. Specific to Non-Storefront Retailers. Any commercial cannabis permit issued to a nonstorefront retailer with a Type 9 license, or a state cannabis license type subsequently established, will be subject to the requirements set forth in this subsection D and not those set forth in subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses for storefront retailers. In addition, the following specific requirements shall apply. Non-storefront retailers:
i. May not be located within six hundred feet of a cannabis retailer with a storefront.

There is no spacing or distance requirement to any other commercial cannabis business.
c. No facility permitted under this section shall be located on any parcel containing a dwelling unit, nor within six hundred feet of any school, or within one hundred feet of a residential zoning district.
d. The distances listed above shall be measured between the nearest entrances of the cannabis facility and the above listed use, along the shortest route intended and available for public passage.
e. All Level II manufacturing facilities require a cannabis permit issued in accordance with Section 17.62.050. All cannabis permits issued for a Level II manufacturing facility shall include the following provision: “This cannabis permit shall expire upon change of tenancy or sale or transfer of the business.”

4. Manufacturing and delivery operations shall be subject to additional permitting and inspection requirements of the Sonoma County health official, per subsection A. Standards for All Commercial Cannabis Uses, paragraph 5.

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Packet Pg. 512 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) E. Grounds for Permit Revocation or Modification.

Noncompliance with any requirement of this section shall be treated as a violation of the city’s municipal code and permits issued may be revoked or modified in accordance with Section

17.89.070(C) and the city shall have the right to recovery of all costs to revoke or modify the permit in accordance with Section 17.89.080 and to levy fines in accordance with the city’s adopted bail schedule.

Section 9: Construction and severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 10: Effective date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code.

Section 11: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

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Packet Pg. 513 Attachment: PC Reso Exhibit 1 (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) ORDINANCE NO.

ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI 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
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 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; and
WHEREAS, by Resolution No. PC-2022-4 the Planning Commission did consider and recommend, by a unanimous vote of 4-0, that the City Council adopt the proposed amendments to the City of Cotati Zoning Ordinance to allow for Consumption Cafes/Lounges associated with a City permitted cannabis retailer; and
WHEREAS, on April 12, 2022, the City Council of the City of Cotati held a duly noticed public hearing introducing the ordinance and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item; and Packet Pg. 514
WHEREAS, the City Council adopted 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 on April 26, 2022; and
WHEREAS, based on the record, the City Council finds that the proposed ordinance amendments are consistent with and facilitate implementation of the General Plan.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals Made Findings.

The above recitals are hereby declared to be true and correct findings of the City Council of the City of Cotati
SECTION 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, 3) Planning Commission recommendations, and 4) 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.

SECTION 3. General Plan Consistency.

The proposed ordinance to amend the municipal code to allow for commercial cannabis consumption café/lounges as included in this Ordinance 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.

SECTION 4. Environmental Determination
The City Council 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 Packet Pg. 515
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.

SECTION 5. Amendment to the Cotati Municipal Code.

The City Council of the City of Cotati hereby adopts the Ordinance amendments attached as Exhibit 1, amending the municipal code to streamline permitting of level 2 manufacturing and microbusinesses, and allowing 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.

SECTION 6. Construction and severability.

SECTION 7. Effective date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code.

SECTION 8. Publication.

The Deputy City Clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 516
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 517

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EXHIBIT 1
Ordinance of the City Council of the City of Cotati 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
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 WHEREAS, the Planning Commission held a duly noticed public hearing on March 21, 2022 to review 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

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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; and WHEREAS, the City Council held a duly noticed public hearing on April 12, 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 City Council adopted 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 on April 26, 2022; and WHEREAS, the City Council 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 City Council of the City of Cotati does hereby find and resolve as follows:

Section 1. Recitals
The foregoing recitals are true and correct and are incorporated into the findings herein.

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General Plan to promote economic development.

Section 5. Amendment to the Cotati Municipal Code. Section 9.31.060 Places where smoking is optional is amended, as follows:

C. Private automobiles.

D. In up to twenty-five percent of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least seventyfive percent or more of its guest rooms as nonsmoking rooms. Smoking-allowed rooms shall be segregated from nonsmoking rooms and located on separate floors, wings, or portions of the building. Smoking and nonsmoking rooms shall not be interspersed.

Nothing in this chapter shall require a hotel or motel to allow smoking, and smoking may be prohibited on the entire property.

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E. By performers during theatrical productions, if smoking is an integral part of the story in the theatrical production.

F. Designated smoking areas that meet the requirements set forth in Section 9.31.070.

H. Notwithstanding any other portion of this chapter, electronic smoking devices may be used within retail tobacco stores for product sampling. Retail tobacco stores shall post signs prohibiting people less than twenty-one years of age from entering the establishment.

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administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
“Cannabis accessories” has the same meaning as in Section 11018.2 of the Health and Safety Code. “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.
“Cannabis cultivation area” (or “canopy”) means the total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.
“Cannabis cultivation – indoor” means the cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting.
“Cannabis cultivation – mixed-light” means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category. “Cannabis cultivation – outdoor” means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.
“Cannabis cultivation site” means the location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities is currently occurring or proposed to occur in the future.
“Cannabis license” means a state license issued pursuant to MAUCRSA. “Cannabis licensee” means a person issued a state license under MAUCRSA to engage in commercial cannabis uses or activity.

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“Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Cannabis Consumption Café/Lounge”. Cannabis Consumption Café/Lounge shall mean a secure location with on-site use of Cannabis or Cannabis Products associated with a valid Cannabis Retail or Microbusiness Permit with associated Retail activity, issued by the City.

Section 7. Amendment to the Cotati Municipal Code. Chapter 17.22 Allowable Land Uses, Table 2-2 is amended, as follows:

Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses

RESIDENTIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER
PARCEL
(square feet
of canopy or
# of plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
Open Space
Conservation
Open
Space
Recreation
Rural
Residential
Residential
Very Low
Neighborhood
Low
Neighborhood
Medium
Neighborhood
Urban
Med/AU OSC OSR RR RVL NL NM NU
PERSONAL CANNABIS CULTIVATION; No
Permit Required
Personal
or
Caregiver
Cultivation
(inside
dwelling
unit or
accessory
6 plants/parcel None Exempt – – P P P P P
Formatted: F
Formatted: F
Formatted: F
Formatted: F
Formatted: F
Formatted: F
Formatted: F

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Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses

RESIDENTIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER
PARCEL
(square feet
of canopy or
# of plants)

MINIMUM
PARCEL
SIZE
STATE

COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(1)
1 Commercial cannabis uses are not allowed in any residential zones.

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Section 7. Amendment to the Cotati Municipal Code. Chapter 17.22 Allowable Land Uses, Table 2-2 is amended, as follows:

Table 2-2: Allowed Land Uses and Permit Requirements – Cannabis Uses

RESIDENTIAL

LAND USE

MAXIMUM

CULTIVATION

AREA PER
PARCEL
(square feet
of canopy or
# of plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
Open Space
Conservation
Open
Space
Recreation
Rural
Residential
Residential
Very Low
Neighborhood
Low
Neighborhood
Medium
Neighborhood
Urban
Med/AU OSC OSR RR RVL NL NM NU
PERSONAL CANNABIS CULTIVATION; No
Permit Required
Personal
or
Caregiver
Cultivation
(inside
dwelling
unit or
accessory
structure
only)
6 plants/parcel None Exempt – – P P P P P

COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(1)
1 Commercial cannabis uses are not allowed in any residential zones.

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COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION AREA

PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Specific Use
Regulations
Med/AU CE CG CD CI IG PF
PERSONAL CANNABIS CULTIVATION; No Permit
Required
Personal or
Caregiver
Cultivation
(inside
dwelling unit
or accessory
structure only)
6 plants/parcel None Exempt P(12) P(2) P(2) – – –

COMMERCIAL CANNABIS USES,
Commercial Cannabis Permit Required(3)
Outdoor Cultivation
Specialty;
Small
5,000 sf or 50
plants None 1/1 – – – – – –
Outdoor;
Small 5001 – 10,000 sf None 2/2 – – – – – –
2 Allowed only in residential use portions of mixed mixed-use development. 3 Commercial cannabis uses are not allowed within the Downtown Specific Plan or Santero Way Specific Plan areas.

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COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION AREA

PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Specific Use
Regulations
Med/AU CE CG CD CI IG PF
Outdoor;
Medium 10,001 – 43,560 sf None 3/3 – – – – – –
Outdoor;
Large 43,561 sf or larger None 5/5 – – – – – –
Nursery
(indoor only) 20,000 sf None 4/4 – -P – -P -P -P
Indoor Cultivation4
Specialty;
Small 501 – 5,000 sf 1A/1A – – – – – –
Small 5,001 – 10,000 sf 2A/2A – – – SP SP SP 17.42.200
Medium 10,001 – 22,000 sf 3A/3A – – – SP SP SP 17.42.200 Large 22,001 or larger 5A/5A – – – – – –
Mixed Light
Cultivation
Specialty ;
Cottage 2,500 sf 1C/1C – – – – – –
Specialty;
Small 2,501 – 5,000 sf 1B/1B – – – – – –
Small 5,001 – 10,000 sf 2B/2B – – – – – –
4 Nursery use is allowed as part of any City issued Indoor Cultivation Cannabis Permit. ”Specialty Cottage” cultivation is not permitted.

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COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION AREA

PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

LICENSE
TYPE
East
Cotati
Avenue
Corridor
Gravenstein
Highway
Corridor
Downtown
Commercial
Commercial/
Industrial
General
Industrial
Public
Facility
Specific Use
Regulations
Med/AU CE CG CD CI IG PF
Medium 10,001 – 22,000 sf 3B/3B – – – – – –
Large 22,001 or larger 5B/5B – – – – – –
MANUFACTURING5
Manufacturer
1: NonVolatile/No
Solvents
N/A 6/6 – – – SP SP SP 17.42.200
Manufacturer
2: Volatile
Solvents
N/A 7/7 – – – SUP SUP SUP 17.42.200

TESTING
Testing
Laboratories 8/8 – P – P P P
RETAIL (w/delivery)
NonStorefront
Retailer
(delivery only)
9/9 – – – SP SP SP 17.42.200
5 Each manufacturing use type can perform related subtypes for infusion of products and/or packaging and labeling. Shared use facilities are not permitted. “Processor” activities are considered part of cultivation, manufacturing, or distribution permit approvals, and subject to the applicable cannabis business tax, as determined by the City.

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COMMERCIAL

LAND USE

MAXIMUM

CULTIVATION AREA

PER PARCEL
(square feet of
canopy or # of
plants)

MINIMUM
PARCEL
SIZE
STATE

DISTRIBUTOR
Distributor6 11/11 – SP – SP SP SP 17.42.200
MICROBUSINESS (with delivery and/or Cannabis
Consumption Café/Lounge)
Microbusiness 12/12 - SUP - - - - 17.42.200
NOTES:
“–” Use Not Allowed “P” Permitted Use
“CCP” Commercial cannabis permit required. “UP” Use permit required. “sf” means square feet. “AU” means adult or recreational use. 6 Includes Transport-Only Distributor
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Section 8. Amendment to the Cotati Municipal Code. Section 17.42.200 Commercial cannabis uses and requirements is amended, as follows:

A. Standards for All Commercial Cannabis Uses.

Possession of other types of state or city permits or licenses does not exempt an applicant from the requirement of obtaining a permit under this chapter. Unless specific distinctions are made in subsequent sections, requirements shall apply equally to either adult use or medical cannabis activities.

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b. Air Quality. The applicant shall provide a calculation of the business’s anticipated emissions of air pollutants. The applicant shall also provide assurance that the business will comply with all best management practices established by the Bay Area Air Quality Management District (BAAQMD). No cannabis permit shall be issued to any business that would exceed the thresholds of significance established by the BAAQMD for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. Applicants are encouraged to design their project to minimize or avoid air pollutant emissions. c. Greenhouse Gas Emissions. The applicant shall provide calculations of the anticipated greenhouse gas emissions for the operation of the business. The applicant shall further demonstrate compliance with any applicable state, regional, or local plan for the reduction of greenhouse gas emissions. No cannabis permit shall be granted for any business that would violate any state, regional, or local plan for the reduction of greenhouse gases, nor shall any cannabis permit be issued where the construction and/or operation of the business would exceed any applicable threshold of significance for greenhouse gas emissions under the California Environmental Quality Act.
d. Hazardous Materials. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.
e. Water Supply. If proposed use will occupy an existing building, applicant shall demonstrate to the satisfaction of the city engineer and building official that water usage will not exceed that of the building’s intended occupancy class without additional review and prior approval by the city. If proposed use will occupy a newly constructed building, the proposed use and construction design shall include all necessary devices and processes to ensure water usage will not exceed an operation typical of the zone in which it is proposed.
f. Wastewater. The applicant shall demonstrate to the satisfaction of the city engineer that sufficient wastewater capacity exists for the proposed use. To the extent the proposed use will result in agricultural or industrial discharges to the city’s wastewater system, the applicant shall provide a plan for meeting all federal, state, and local requirements for such discharges.

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act on his or her behalf. All such permit requirements and regulations shall be interpreted to implement the purpose and intent of this chapter and shall not prohibit or unreasonably restrict any commercial cannabis use allowed under this chapter. The city manager may eliminate this requirement after the California Department of Public Health or other applicable state agency establishes regulations related to cannabis product safety.

6. Development Standards.
a. Building Requirements. All structures used in commercial cannabis operations must comply with applicable provisions of building and fire codes as determined by the city’s building official and the fire agency official, respectively. In addition, all buildings and the site must comply with all applicable sections of the Cotati Municipal Code, as determined by the community development director, prior to issuance of a cannabis permit. Commercial cannabis uses that provide access to the public,including but not limited to employees, vendors, contractors, business partners, members, customers or patients, shall meet local, state and federal requirements for accessibility, including accessible parking, paths of travel, seating, restrooms, and washing facilities. All facilities must be inspected by the city and fire agency prior to issuance of a cannabis permit.
b. Emissions Control. All commercial cannabis uses shall utilize appropriate measures in operation and, where applicable, construction, to prevent the emission of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.
c. Hours of Operation. Hours of operation for commercial cannabis uses are established in sections below pertaining to each particular use category. d. Odor Control and Ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this chapter. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent or nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls for odor, humidity, and mold.
e. Property Setbacks. Property setbacks for commercial cannabis uses are established in sections below pertaining to each particular use category.

7. Permit Requirements. In addition to state permitting requirements and the requirements of this chapter, cannabis uses shall be subject to the cannabis permit requirements as shown in Table 2-2 of Chapter 17.22. In Formatted: Font: (Default) Open Sans Formatted: Font color: Auto

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addition, all commercial cannabis uses must obtain a zoning clearance and pay applicable fees and taxes. Any violations of the Cotati Municipal Code, or any other local, state, or federal law, must be cured prior to issuance of a cannabis permit. The city manager, or his/her designee, may design application forms specific to each permitted category and require inspections of proposed facilities before issuing a permit under this chapter.

Commercial cannabis uses shall also be subject to permit requirements and regulations established by the Cotati Municipal Code and any additional requirements established by other sections of this chapter, resolution or ordinance of the city council or vote of the citizens of Cotati. Applicants must provide notice to properties and property owners within three hundred feet of the boundaries of the property upon which the commercial cannabis business is proposed at least fifteen days prior to consideration of the permit application. A city business license is required for certain cannabis operations, pursuant to Chapter 5.04 of the Cotati Municipal Code.
a. Issuance and Term of Permit. Permits for commercial cannabis uses shall be issued to the operator by the city council for a period not to exceed two years from the date of permit approval and shall be subject to biannual permit renewals, in accordance with paragraph 8 of this subsection.

No property interest, vested right, or entitlement to receive a future permit to No property interest, vested right, or entitlement to receive a future permit to No property interest, vested right, or entitlement to receive a future permit to No property
interest, vested right, or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder as such permits are revocable. Permits issued pursuant to this chapter are not transferable without prior city approval. Permits may be issued with conditions. The city has no duty or obligation to issue commercial cannabis permits. The city may elect at any time to cease issuing commercial cannabis permits, including upon receiving credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them.
b. Operator/Permit Holder Qualifications. Commercial cannabis operators/permit holders must meet the following qualifications:
i. Commercial cannabis operators must be twenty-one years of age or older. ii. Commercial cannabis operators shall be subject to background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with any felony convictions, as specified in Sections 667.5(c) and 1192.7(c) of the Penal Code.

Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving Formatted: Font color: Auto, Not Highlight
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fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
iii. Applicants providing false or misleading information in the permitting process will result in rejection of the application and/or nullification or revocation of any issued permit.
c. Priority. This section applies generally to all commercial cannabis permits; however, additional requirements are set forth in later sections pertaining to particular commercial cannabis use categories. When processing permit applications for commercial cannabis uses, priority shall be given to applications that score highest on any city council-adopted applicant ranking system. d. Issues of Significant Public Interest. In considering an application under this section for a cannabis permit, the city council’s review shall be limited to compliance with this chapter. The council may, however, determine that no applications meet the requirements for a particular license and that license may remain unissued due to a significant public interest. “Significant public interest” includes, but is not limited to, potential health or safety impacts, potential conflicts with neighboring uses, unique characteristics of the proposed site, unique characteristics of the proposed operations, and/or other factors that, in the city council’s discretion, warrant rejection of application(s).
e. Revocation and Suspension. Any permit issued under this chapter for commercial cannabis uses may be immediately suspended for any of the reasons listed in subsections
A. Standards for All Commercial Cannabis Uses, paragraph 7(e)(i) through (vii).

Any permit issued under this chapter may be revoked by the city, following notice and opportunity for a hearing, upon any of the following:
i. An operator ceases to meet any of the minimum qualifications listed in subsection
A. Standards for All Commercial Cannabis Uses, paragraph 7 (b), fails to comply with the requirements of this section or any conditions of approval of the permit.
ii. An operator’s state license for commercial cannabis operations is revoked, terminated, suspended or not renewed. In the case of a suspension, the city shall not reinstate the permit until documentation is received showing that the state license is eligible to be reinstated or reissued. It shall be up to the city’s discretion whether the city reinstates any permit.

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iii. The commercial cannabis operation has not been in regular and continuous operation for six consecutive months.
iv. State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them. v. Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification.
vi. The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application.
vii. The operator/permit holder/business is not current on city taxes or fees.

Review shall also include, but not be
limited to, analyses of the following:
a. The use has been conducted in accordance with this section and any and all applicable permit conditions, state and local laws and regulations and is in good standing with all state and local agencies.
b. Any and all violations or complaints have been promptly addressed and cured to the satisfaction of the police chief and city manager.
c. The business for which the permit was approved has not been transferred without authorization to another owner or operator.

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d. There are no outstanding violations of health, safety, or municipal code. e. The business for which the permit was approved is current on all city taxes and fees due.

11. Security. The following security measures shall be adhered to by all operators.

Additional security measures may apply to particular commercial cannabis uses, as established in this section.
a. A safety and security plan shall be required at the time of permit application and shall be subject to review and approval by the Cotati police department and the city manager. All safety and security plans shall be held in a confidential file exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Such plans shall include, at a minimum, information regarding implementation of the requirements of this section. The police chief may require additional information be included in the plan.
b. Security cameras shall be required and shall be installed with capability to record activity on the property, including entry points to the property and within all buildings and structures on the property, including all entrances, exits, perimeter windows and all areas where customers and employees may have access, apart from any restroom area. Security cameras shall record twenty-four hours a day, seven days a week. Additionally:
i. Areas where cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
ii. Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing, or labeling activities occur. iii. At least one camera must be dedicated to record the access points to the secured surveillance recording area.

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iv. At each entrance and exit to the facility, camera coverage must enable recording of customer facial features with sufficient clarity to determine identity.
c. Surveillance video shall be kept for a minimum of ninety days in a format that can be easily accessed for viewing. Video must use standard industry format to support criminal investigations. Permit holders shall be required to cooperate with all law enforcement investigations and provide video footage related to any such investigation upon request. Motion-sensor lighting and alarms shall be required and shall be professionally installed and monitored to ensure the safety of persons and to protect the premises from theft. Alarm and surveillance systems shall be equipped with a failure notification system that provides prompt notification to the operator of any prolonged surveillance interruption and/or failure of the system. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system. d. A permittee shall maintain up-to-date and current records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the alarm installation company, and the name of any monitoring company. Off-site monitoring and video recording storage of the premises by the licensee or an independent third party is authorized if standards exercised at the remote location meet or exceed all standards for on-site monitoring.
e. All security measures installed on site shall have the capability to remain fully operational during a power outage.
f. Weapons and firearms are prohibited on the property, except law enforcement. g. Security measures shall be designed to ensure emergency access in compliance with fire safety standards.
h. All structures used for commercial cannabis activities shall have locking doors, with commercial-grade nonresidential locks, to prevent free access. i. Security measures shall prevent individuals from remaining on the premises of the commercial cannabis business if they are not engaging in activities expressly related to the operations of the business.
j. Security measures shall include a transportation plan that details the procedures established for the safe and secure transport of cannabis, cannabis products, and currency to and from the business, including the transfer of currency for city tax payments.

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k. Except for live growing cannabis plants and products on display for sale at retail dispensaries during hours when the business is open to the public, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault that meets approval of the Cotati police department. To the fullest extent possible, all cannabis and cannabis products shall be kept in a manner that prevents theft and loss, except for limited amounts used for the purposes of display or immediate sales.
l. Duress alarm buttons shall be installed in all commercial cannabis facilities with easy access by employees and all employees shall be properly trained in their use. m. Any security bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building. n. Security personnel hired by the commercial cannabis business shall be subject to prior review and approval of the chief of police or his or her designee. This requirement may include Department of Justice clearance of individuals. o. Each commercial cannabis business shall identify a liaison and their contact information to the Cotati police department who shall be reasonably available to meet with the chief of police or his or her designees regarding security measures and operational issues.

12. Employees.
a. All employees of commercial cannabis businesses must be twenty-one years of age or older.
b. All owners and employees of commercial cannabis businesses shall be subject to background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with any felony convictions, as specified in Sections 667.5(c) and 1192.7(c) of the Penal Code. Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement, or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
c. Each owner or operator of a commercial cannabis business shall maintain on site a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the chief of police, designee, or any other city official authorized to enforce the Cotati Municipal Code for purposes of determining compliance with this chapter.

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d. The police chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business must obtain a work permit from the city of Cotati. At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is working and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers. The police chief may establish a fee for the cost of issuing such permit.

13. Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

15. Police Notification. Commercial cannabis operators shall notify the Cotati police department within twenty-four hours of discovering any of the following:
a. Significant discrepancies identified during inventory. The level of significance shall be two percent of inventory or per state regulations, whichever is stricter. b. Diversion, theft, or loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
c. Any other breach of security.

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B. Standards for Commercial Cannabis Cultivation

2. Applicability. This subsection shall apply to all commercial cannabis cultivation uses and activities, including but not limited to indoor cultivation environments and associated drying, curing, grading, and trimming facilities. Cannabis cultivation does not include operations that manufacture cannabis products such as oils, tinctures, or edibles, which are classified separately. Commercial cannabis cultivation operations shall comply with state laws and regulations, and the following standards in addition to the requirements of this section.

3. Permit Requirements. In addition to the requirements of subsection A. Standards for All Commercial Cannabis Uses, commercial cannabis cultivation shall be subject to the permit requirements as shown in Table 2-2, Allowable Land Uses and Permit Requirements, of Chapter 17.22, and under this section. Initial permits for Formatted: Font color: Auto, Not Highlight
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cultivation sites shall be issued by the city council; renewals may be approved by the city manager or his/her designee. Structures shall follow all city of Cotati zoning requirements of the underlying base zone.

All structures used in cultivation shall be subject to all applicable laws, including the California Building Code, California Fire Code, and all regulations of the Cotati Municipal Code.

5. Development Criteria.
a. Number of Permits. No more than five (5) commercial cultivation permits of any type shall be allowed at any time. Multiple permits may be issued for multi-tenant operations on a single parcel; provided, that the total cultivation area of all tenants does not exceed a maximum of one acre, and provided such permits are allowed under state law. Any commercial cultivator who obtains state licenses for both adult (recreational) and medical cultivation for the same cultivation premises shall only require one commercial cultivation permit from the city. b. Square Footage Limitations. The total combined square footage of the cultivation canopy area shall not exceed the maximum size thresholds as defined in Table 2-2, Allowable Land Uses and Permit Requirements, of Chapter 17.22, . Structures
and areas where cannabis is processed, dried, aged, stored, trimmed, packaged or weighed, and areas where equipment is stored and washed, shall be limited to the on-site cultivation use only.
c. Setbacks. All structures used for indoor commercial cultivation and all structures used for drying, curing, grading or trimming shall comply with the setbacks for the base zone districts. Cultivation shall be screened from public view and there shall be no exterior evidence of cultivation.
d. Building Requirements. All structures used in commercial cultivation require a building permit and shall comply with all applicable sections of the Cotati Municipal Code.
e. Fire Code Requirements. The operator shall prepare and implement a fire prevention plan for construction and ongoing operations and obtain all required permits from the fire agency. The fire prevention plan shall include, but not be Formatted: Font color: Auto
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limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management and firebreak maintenance around all structures. f. Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise. g. Runoff and Storm Water Control. Runoff containing sediment, or other waste or by-products, shall not be allowed to drain to the storm drain system, waterways, or adjacent lands and must comply with all other applicable water quality standards of the city’s municipal code.
h. Security and Fencing. In addition to the security requirements in subsection A. Standards for All Commercial Cannabis Uses paragraph 11, the following security and fencing standards apply to commercial cannabis cultivation uses:
i. Security cameras shall be installed with the capability to record activity beneath the canopy but shall not be visible from surrounding parcels and shall not be pointed at or recording activity on surrounding parcels. ii. Security measures shall be designed to ensure emergency access in compliance with fire safety standards. All structures used for cultivation or storage of cannabis shall have locking doors, using commercial-grade locks, to prevent free access.

6. Operating Standards. In addition to standards contained in Section 17.42.020, the following standards shall apply to all commercial cannabis cultivation uses:
a. Compliance Inspections. All cultivation sites shall be subject to on-site compliance inspections by the city. The inspection shall be conducted during regular business hours, with at least twenty-four hours’ notice unless public health or safety requires otherwise.
b. Air Quality and Odor. All indoor cultivation operations and any drying, aging, trimming and packing facilities shall be equipped with odor control filtration and ventilation system(s) to control odors, humidity, and mold. Cultivation sites may not create odors amounting to a nuisance and must comply with Cotati Municipal Code nuisance regulations.
c. Energy Use. Use of renewable energy for indoor cultivation is strongly encouraged and the city’s commercial cannabis permit application procedures may award credit for use of renewable energy. All permittees will be required to Formatted: Font: (Default) Open Sans, 10.5 pt
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submit a detailed energy conservation plan which includes a description of devices which will enable proposed facility and activities to operate at or below energy usage parameters of the building’s occupancy classification. Energy usage shall not exceed that of the building’s intended occupancy class without additional review and prior approval by the city.
d. Hazardous Materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tank, aboveground storage tanks and AB 185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the Fire Prevention Division, Certified Unified Program Agency (CUPA) of Sonoma County Fire and Emergency Services Department or Agricultural Commissioner. e. Hours of Operation. Indoor cultivation activities may be conducted seven days a week, twenty-four hours per day as needed, unless otherwise conditioned in a cannabis permit or otherwise prohibited by the base zone. Associated outdoor activities such as loading and unloading shall be limited to the hours of six a.m. to six p.m., unless a cannabis permit is obtained that allows otherwise.
f. Noise Limits. Cultivation operations shall not exceed the noise standards for industrial development set forth in Chapter 17.30
.
g. Occupational Safety. Cultivators shall comply with all applicable federal, state, and local laws and regulations governing California agricultural employers, which may include: federal and state wage and hour laws, CAL/OSHA, OSHA and the California Agricultural Labor Relations Act.
h. Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the cultivation and processing activities shall be submitted for review and approval by the city. This plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose of or reuse the wastes in compliance with any regulations adopted by the city council through resolution or ordinance.

All garbage and refuse on the site shall be accumulated or stored in nonabsorbent, water-tight, vector-resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight-fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on this site shall not be accumulated or stored for more than seven calendar days, and shall be properly disposed of before the end of the seventh day in a manner prescribed by the solid waste hauler or local enforcement agency. All waste, including but not limited to refuse, garbage, green waste, and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated Formatted: Font: (Default) Open Sans, 10.5 pt

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from cannabis operations must be properly stored and secured to prevent access by the public.
i. Waste Water Discharge. A waste water management plan shall be submitted identifying the amount of waste water, excess irrigation and domestic waste water anticipated, pretreatment method (when applicable), as well as disposal method. All cultivation operations shall comply with all state regulations, any regulations adopted by the city council through resolution or ordinance and the discharger shall submit to the city verification of compliance with the waste discharge requirements of the applicable Regional Water Quality Control Board, or waiver thereof if needed.

Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, grey water or bioretention treatment system. All waste water discharged to the city sewer system shall comply with the city’s municipal code. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.
j. Water Supply. An on-site water supply source, adequate to meet all on-site uses on a sustainable basis, shall be provided. Trucked water shall not be allowed without prior authorization by the city. The on-site water supply shall be considered adequate with documentation of the following sources:
i. Recycled Water. The use of recycled process waste water from an on-site use or connection to a municipal recycled water supply for the cultivation use; provided, that an adequate on-site water supply is available for employees and other uses.

C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses

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Chapter 5.30, Cannabis Business Tax, and state and county agencies. These regulations do not apply to license Type 9, Non-Storefront Retailers, which is addressed under subsection D. Standards for Manufacturing, Testing, Storage, Distribution and NonStorefront Retail of Commercial Cannabis of this section.

Additionally, cannabis Retail Dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements.

Commercial cannabis permits for Retail Dispensaries shall be issued according to the Commercial cannabis permits for Retail Dispensaries shall be issued according to the Commercial cannabis permits for Retail Dispensaries shall be issued according to the Commercial cannabis permits for Retail Dispensaries shall be issued according to the following procedure:
a. The city council shall, following an open application period and review of applications by city staff and recommendations by the city manager or designee, consider commercial cannabis permit applications for Retail Dispensaries meeting all minimum qualifications at a properly noticed public hearing. b. The city may adopt such forms, fees, and procedures as are necessary to implement this section with respect to the selection,
investigation process, renewal, revocation, and suspension of cannabis retail permits. Such procedures may include a priority ranking system, and appointment of a staff review panel for cannabis retail permits.
c. The application must include, at a minimum, the following:
i. Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application for the cannabis Retail Dispensary permit, and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the Cotati Municipal Code pertaining to the establishment and operation of the cannabis retail use, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the cannabis retail permit shall, in no way, permit any activity contrary to the Cotati Municipal Code, or any activity which is in violation of any applicable laws.

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ii. All necessary information related to the facility and its operators, including names, birth dates, addresses, social security numbers, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last ten years, investor and/or partner information, address and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual’s privacy interests and public health and safety.
iii. Operating plan as required under this subsection, paragraph 7 .
iv. Security plan as required under subsection
A. Standards for All Commercial Cannabis Uses, paragraph 11.. v. Site plans pursuant to subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses, paragraph 9.

5. Specific to Microbusinesses. A Type 12 microbusiness license shall count as a Retail Dispensary under the limits on number of dispensaries in subsection (C)(4) of this section. Any commercial cannabis permit issued to a microbusiness with a Type 12 state license, or a state cannabis license type subsequently established, that contains a retail operation, will be subject to cannabis permit procedures and requirements for cannabis Retail Dispensaries under this section .

Any
commercial cannabis permit issued to a microbusiness with a cultivation or manufacturing component will also be subject to the applicable requirements of subsection B. Standards for Commercial Cannabis Cultivation or D. Standards for Manufacturing, Testing, Storage, Distribution and Non-Storefront Retail of Commercial Cannabis , as may be modified by the cannabis permit process.

6. Limit on Size of Dispensaries. Cannabis Retail Dispensaries shall not exceed four thousand square feet (4,000 square feet) of public dispensing area, exclusive of area designated for administrative functions, secure or restricted access spaces, restrooms, or educational functions.. The area is also exclusive of
cultivation, cultivation support, packaging or manufacturing areas for Type 12 microbusiness license holders. Associated Cannabis Consumption Cafes/Lounges are not Formatted: Font color: Auto
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subject to this square footage limitation and will be considered on a case-by-case basis with the cannabis permit.

17.22).
b. A Retail Dispensary shall not be established on any parcel containing a dwelling unit, or within one hundred feet of a residential zoning district.

Residentially zoned does not include mixed-use zoning for purposes of this chapter. c. A Retail Dispensary shall not be established within six hundred feet of another cannabis Retail Dispensary or other commercial cannabis business.

This rule shall not apply to the separate activities permitted as Type 12 microbusinesses. d. A Retail Dispensary shall not be established within six hundred feet from any public or private school or licensed childcare facility. e. A Retail Dispensary shall not be established within six hundred feet of any park, library, or youth center.

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f. The distances listed above shall be measured between the nearest entrances of the Retail Dispensary or associated Cannabis Consumption Café/Lounge and the above listed use, along the shortest route intended and available for public passage.

9. Operating Standards. In addition to standards contained in subsection A. Standards for All Commercial Cannabis Uses, the following are the minimum development criteria and operational standards applicable to any cannabis Retail Dispensary use:
a. The building in which the Retail Dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements. b. The Retail Dispensary shall provide adequate security on the premises pursuant to subsection
A. Standards for All Commercial Cannabis Uses, paragraph 11, and any additional requirements in this section, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. The applicant shall submit a security plan for review and approval by the Cotati police department. The security plan will remain confidential.
c. The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to all underlying zoning requirements, director review, and approval. The community development director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting, and landscaping, already meet the requirements of this section. d. No exterior signage or symbols shall be displayed which advertise the availability of cannabis using drug-related symbols which are attractive to minors or which are carried out in a manner intended to encourage persons under twenty-one years of age to consume cannabis or cannabis products, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior.
e. No person shall be allowed onto the premises unless they are an employee, customer, vendor or contractor of the Retail Dispensary, a primary caregiver, and/or a qualified patient or an employee of an agency having jurisdiction monitoring or investigating the terms of regulatory compliance. If the retailer denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the facility may be closed. In strict accordance with California Health and Safety Code Section 11362.5 et seq., no person under the age of eighteen shall be allowed on a medical cannabis retail site unless allowed under state law, and no Formatted: Font: (Default) Open Sans, 10.5 pt
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person under the age of twenty one shall be allowed on a nonmedical cannabis retail site pursuant to California Business and Professions Code Section 26140. All persons entering the site, except as representing a regulatory agency, shall present a photo identification and shall establish proof of doctor’s recommendation if facility holds a medical retailer license. A doctor’s recommendation shall not be required for customers of a nonmedical cannabis retail facility. The operating plan submitted as a part of the cannabis permit application shall specify how this provision will be complied with and enforced.
f. No Retail Dispensary shall also hold or maintain a license from the State Department of Alcoholic Beverage Control to sell alcoholic beverages or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.
g. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off site. Retail Dispensaries shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis facility. As such, Retail
Dispensaries must install and maintain the following equipment or any other equipment which the building official or designee determines has the same or better effectiveness:
i. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
ii. An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
h. No cannabis Retail Dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the cannabis permit. A Retail Dispensary may sell live starter (immature) plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis (unless the facility holds a microbusiness license from the state and such uses are allowed on the same premises under state and local laws). A Retail Dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the Department of Health Services. Not more than five percent of the dispensary area, up to a maximum of two

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hundred square feet, may be devoted to the sale of incidental goods for personal cannabis cultivation and use or promotional items such as clothing, hats or posters. Cannabis Consumption Cafes/Lounges are not subject to this the five percent or two hundred square foot limitation.
i. No cannabis shall be consumed on the premises. For purposes of complying with this requirement, the term “premises” includes the physical building and leasehold space, as well as any accessory structures, parking areas, sidewalks, driveways or other immediate surroundings except for permitted Cannabis Consumption Cafes/Lounges associated with cannabis Retail Dispensary. j. No Retail Dispensary or associated Cannabis Consumption Café/Lounge may increase in size without amending its cannabis permit, as applicable. The size limitation shall be included in the operational plan required by subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses, paragraph 7.
k. A Retail Dispensary shall not have
a physician on site to evaluate patients for
medical cannabis.
l. Parking must meet the requirements of Chapter 17.36. m. Retail Dispensaries and on-site Cannabis Consumption Café/Lounge operating hours shall be limited to: Monday – Sunday: 8 a.m. to 10 p.m.

If the licensee holds a Type 12 microbusiness license, cultivation and manufacturing hours shall be established and approved through the cannabis permit process. n. Delivery. Delivery of cannabis is allowed by Retail
Dispensaries. Delivery functions must be included in the cannabis permit materials and approved as a discrete function. Delivery functions shall be in conformance with state law and all of the following:
i. Deliveries can only be conducted between the hours of 8 a.m. to 10 p.m.
iii. Deliveries shall be made by an employee of the licensed Retail Dispensary and said employee shall carry with him/her at all times a physical copy of the city commercial cannabis permit and business license and state license when such a license is available. Licensed Formatted: Font: Not Bold, Font color: Auto
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Retail Dispensaries shall comply with all state law and regulations pertaining to cannabis delivery.
o. Cannabis Consumption Café/Lounge.

Cannabis Permit applications or amendments to Retail Dispensary cannabis permits shall include a statement as to whether the use will include a Cannabis Consumption Café/Lounge. If included, the application shall clearly indicate the proposed area for the use and a detailed operational plan that demonstrates compliance with the requirements set forth in subsection
A. Standards for All Commercial Cannabis Uses and subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses, Chapter 9-31 (Smoking and Secondhand Smoke), and other local and state laws, permits and other applicable requirements.

Cannabis Consumption Café/Lounge shall also be subject to the following requirements to be demonstrated to the City’s satisfaction in the cannabis permit application or amendment:

2. The Cannabis Consumption Café/Lounge must be located on the same legal parcel as the associated Retail Dispensary.

4. If permitted under state law and approved under the City Retail Dispensary permit, a Cannabis Consumption Cafe/Lounge preparing or selling non-cannabis foods or beverages shall comply with all applicable provisions of the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code), as applicable. Cannabis Consumption Café/Lounges preparing or selling non-cannabis foods or beverages may be subject to additional cannabis permitting and inspection requirements of the Sonoma County health official, per subsection
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A. Standards for All Commercial Cannabis Uses, paragraph 5. Adjustments to an existing Retail Dispensary permit to allow for the preparation or selling of noncannabis foods or beverages shall be subject to the review and approval of the City Manager or his/her designated review authority.

5. A Cannabis Consumption Café/Lounge shall not allow the sale, consumption, or use of alcohol or tobacco on the premises.

9. Ingestion of cannabis or cannabis products shall not be visible from any public place or non-age restricted area.

11. The entrance to the Cannabis Consumption Café/Lounge shall be clearly and legibly posted with a notice indicating that smoking and vaping of Cannabis is prohibited on-site or in the vicinity of the site, except in designated areas (as permitted in accordance with Chapter 9-31 (Smoking and Secondhand Smoke) and state law.
p. Record Keeping. A cannabis Retail Dispensary shall maintain records in accordance with the state and local requirements of its license type.

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If a Retail Dispensary sells medical cannabis , it shall maintain records using only the State of California Medical Marijuana Identification Card numbers issued by the county or the county’s designee, pursuant to California Health and Safety Code Section 11362.7 et seq. as a protection for the confidentiality of the cardholders. The Retail Dispensary shall track when members’ medical cannabis recommendations and/or identification cards expire and enforce conditions of membership by excluding members whose identification cards or recommendations are invalid or expired. The facility shall maintain member records in a manner to protect confidential information in the records if the records contain information protected by applicable law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Public Law 104-191. A medical Retail Dispensary shall exclude members who are caught diverting cannabis for nonmedical use. All membership records shall be maintained on site. i. A Retail Dispensary shall, by using the patient’s or caregiver’s identification number, keep an accurate account of the number of members who visit the dispensary each month, and also for the entire permit year. ii. The Retail Dispensary shall keep accurate records, follow accepted cash handling practices and maintain a general ledger of cash transactions. iii. The Retail Dispensary shall allow the city to access the books, records, accounts and all data relevant to its operations for purposes of conducting an audit or examination to determine compliance with the municipal code, administrative regulations, conditions of approval, and applicable laws. Books, records, accounts and all relevant data shall be produced no later than twenty-four hours after receipt of the city’s request. q. Required Signage. The following signs, in measurements of not less than eight by ten inches, shall be clearly and legibly posted in a conspicuous location inside the Retail Dispensary where they will be visible to customers in the normal course of a transaction, stating:
ii. “The dispensing of cannabis without a state license is illegal.” ii. “Use or consumption of cannabis on this premises or property is prohibited.” Cannabis Consumption Café/Lounges are exempted from this requirement in the permitted consumption area.
iii. For Retail Dispensaries: “All visitors to this premises must be at least 21 years of age, or, at least 18 years of age and able to show a government issued medical cannabis ID card in accordance with California Health and Safety Code Section 11362.7 et seq.”
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permitted consumption area: “All visitors to this premises must be at least 21 years of age.”
D. Standards for Manufacturing, Testing, Storage, Distribution and Non-Storefront Retail of Commercial Cannabis

2. Additional Operating Standards. In addition to the requirements of subsection A of this section, any base zone requirements, and all state laws and regulations, commercial cannabis uses permitted under this section shall also comply with the following operational standards:
a. Facilities shall not be open to the general public.
b. Extraction Processes. Manufacturers shall utilize only extraction processes that are (i) solvent free or that employ only nonflammable, nontoxic solvents that are recognized as safe pursuant to the federal Food, Drug and Cosmetic Act, and/or (ii) use solvents exclusively within a closed loop system that meets the requirements of the federal Food, Drug and Cosmetic Act, including use of authorized solvents only, the prevention of off gassing, and certification by a California licensed engineer. c. No closed loop systems shall be utilized without prior inspection and approval of the city’s building and fire code officials.
d. Standard of Equipment. Extraction equipment used by the manufacturer must be listed or otherwise certified by an approved third-party testing agency or licensed professional engineer and approved for the intended use by the city’s building and fire code officials.
e. Annual Recertification Required. Extraction equipment used by the manufacturer must be recertified annually and a report by a licensed professional engineer on the inspection shall be maintained on site.
f. Food Handler Certification. All owners, employees, volunteers or other individuals who participate in the production of edible cannabis products must be state certified food handlers. The valid certificate number of each such owner, employee, volunteer or other individual must be on record at the manufacturer’s facility where that individual participates in the production of edible cannabis products. g. Edible Product Manufacturing. Cannabis businesses that sell or manufacture edible medical cannabis products shall obtain a Sonoma County health permit.

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Permit holders shall comply with Health and Safety Code Section 13700 et seq. and Sonoma County health permit requirements. These requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.

3. Permit Requirements and Restrictions. The following limits on number and location of commercial cannabis facilities apply:
a. The number of permits issued under this section shall not exceed a total of seven (7). These limits do not apply to Type 11 distribution license types issued in conjunction with another allowable type. Only standalone Type 11 license types shall count toward the total number of allowable permits. No more than one of these permits may be issued to a Type 9 non-storefront retailer license holder. The remaining permits may be issued among the allowable types identified in Table 2-2, Allowable Land Uses and Permit Requirements, of Chapter 17.22, in any combination. Permittees who obtain state licenses for both adult (recreational) and medical uses for the same premises shall require one commercial permit from the city.
b. Specific to Non-Storefront Retailers. Any commercial cannabis permit issued to a non-storefront retailer with a Type 9 license, or a state cannabis license type subsequently established, will be subject to the requirements set forth in this subsection D and not those set forth in subsection C. Standards for Storefront Commercial Cannabis Retail and Microbusinesses for storefront retailers. In addition, the following specific requirements shall apply. Non-storefront retailers:
i. May not be located within six hundred feet of a cannabis retailer with a storefront. There is no spacing or distance requirement to any other commercial cannabis business.
c. No facility permitted under this section shall be located on any parcel containing a dwelling unit, nor within six hundred feet of any school, or within one hundred feet of a residential zoning district.
d. The distances listed above shall be measured between the nearest entrances of the cannabis facility and the above listed use, along the shortest route intended and available for public passage.
e. All Level II manufacturing facilities require a cannabis permit issued in accordance with Section 17.62.050. All cannabis permits issued for a Level II manufacturing facility shall include the following provision: “This Formatted: Font color: Auto, Not Highlight
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cannabis permit shall expire upon change of tenancy or sale or transfer of the business.”

E. Grounds for Permit Revocation or Modification.

Noncompliance with any requirement of this section shall be treated as a violation of the city’s municipal code and permits issued may be revoked or modified in accordance with Section

Section 9: Construction and severability.

Section 10: Effective date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code.

Section 11: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

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Packet Pg. 556 Attachment: Exhibit 1: Cannabis Ordinance (Commercial Cannabis Ord. Revisions - Retail Consumption Lounge) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Contract for backflow testing and repair professional services to be provided by R.H. Sons Water Services.

Date: April 26, 2022
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council of the City of Cotati adopt a Resolution authorizing the City Manager to execute a Professional Service Agreement (PSA) for a one (1) year term, with four (4) possible one (1) year renewals, with R.H. Sons Water Services for annual backflow testing services.

Background
Backflow prevention devices are installed to protect the water distribution system from contaminated water entering back into the municipal water system once it has entered the private property. The State Water Resources Control Board, Division of Drinking Water ("DDW") requires management and testing of all backflow prevention (BFP) devices within the City to minimize cross contamination to the distribution system. This program is mandated by the state and requires each device to be tested by a certified tester on an annual basis.

To meet this state mandate, the City code CMC 13.20.060 requires the following:
“Backflow protection assemblies shall be inspected and tested after installation, repair, or relocation, and at least annually thereafter. The owner of the premises on which a backflow assembly has been installed shall be responsible for having the required inspection and testing completed as set forth in this chapter. Inspection and testing must be done by a person certified by the state of California to perform cross-connection control testing and inspection. Any assembly that is found to be defective shall be repaired or replaced by the owner of the premises and the backflow protection assembly shall be re-tested before being placed back in service. All test reports shall be submitted to the City.”

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Currently, there are approximately 700 devices in the City, of which 50 are managed by the City as they are on City property. Property owners are responsible for testing their backflow devices under the City municipal code, so billing and notifications are done separately from normal utility billing, which can be to an owner or tenant.

The City put out a request for bids on March 9, 2022, with a deadline for completion of April 5, 2022. City Staff received four bids and is recommending R.H. & Sons Water Services as they are a qualified and lowest bidder.

Analysis/Discussion
The City received the following bids for back flow testing:

Company
Test /
Device
Hourly Rate
for Repairs
Materials
Markup Other
Benicia Plumbing $ 305.00 N/A N/A Not Provided
Checkrite Backflow $ 50.00 $ 100.00 10% Inflation factor of 2%/ year The Backflow Guy $ 85.00 $ 150.00 50% Inflation Factor
R.H. & Sons $ 20.00 $ 65.00 15% Inflation Factor - None R.H. & Sons Water Services has been doing business in Sonoma Mendocino, Lake, Marin, and Napa counties for over twenty-six (26) years. By approving this contract, R.H. & Sons will provide testing and repair or installation services for the City as they have done in all the Cities within Sonoma County. To provide the best bid and offer the best service the company has four (4) certified testers on staff and on Certified Cross Connection Specialist. R.H. Sons has also maintained an active business license with the City of Cotati since before 2006.

Financial Considerations
All work completed by the contractor for City devices will be budgeted within the FY 2022/23 Water Professional Contract Services (Account No. 401-00-80185) with additional repairs or replacements accounted for within the R&M- General (Account No. 401-00-80570).

Adopting this resolution is expected to save the City approximately $4,000/year with the testing of City managed backflow devices.

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All work completed for private property owners will be recorded as an expenditure to the same accounts but will be billed out to the property owners with an additional administrative fee of seventy-seven (77) dollars as indicated within our fee schedule. For those who have used the City to test their devices the total cost will be reduced from one hundred and fifteen (115) to ninety-seven (97) dollars.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

Attachments:

Backflow Testers - Bid Results Summary (XLSX)
R.H. & Sons Bid Document 03172022 (PDF)

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City of Cotati
Backflow Bids - 4/5/2022
Bid FormConfidentialityContractorsLicenseAWWA Cert.Test Each DeviceHourly Rate for RepairsMarkupOtherNotes Benicia Plumbing x x Not Provided x $ 305.00 Not Provided Not Provided Not Provided Checkrite Backflow Services x x X x $ 50.00 $ 100.00 10% Inflation factor of 2% per Year The Backflow Guy x x x x $ 85.00 $ 150.00 50% Inflation Factor No definition of the inflation factor application.

RH Sons x x Not Provided x $ 20.00 $ 65.00 15% Inflation Factor - None Hold Price for 3 years - Retest fee is waived if they perform the repairs but a $20 charge if someone else repairs Company
Required Documents Bid Results

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Packet Pg. 560 Attachment: Backflow Testers - Bid Results Summary (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester)

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Attachment: R.H. & Sons Bid Document 03172022 (Contract - Backflow Tester) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI TO AUTHORIZE AN AGREEMENT WITH R.H. & SONS WATER SERVICES TO

PROVIDE BACKFLOW TESTING SERVICES FOR THE CITY OF COTATI WHEREAS, the State Water Resources Control Board, Division of Drinking Water ("DOW") requires management and testing of backflow prevention (BFP) devices on an annual basis to minimize cross contamination to the distribution system; and WHEREAS, per City standards, a backflow prevention device is installed after the water meter, on the customer side of specific water services, to protect the water distribution system from contaminated water entering back into the municipal water system; and WHEREAS, on March 9, 2022, to be compliant with best practices for procurement, the City published a request for bids for backflow testing services for the approximately eighty (80) devices managed by the City and any additional property owner managed devices who choose to have the City facilitate the testing on their behalf; and WHEREAS, to have qualified, skilled labor to perform specialized testing of BFPs, staff recommends awarding a Professional Service Agreement (PSA) for an initial contract term of one (1) year from date of final execution of contract with four (4) possible one (1) year renewals to R.H. Sons Water Services; and
WHEREAS R.H. & Sons Water Services provided the lowest bid for annual backflow testing and hourly rate for repairs, additionally they provide over 26 years of service in the Northern Bay Area; and
WHEREAS all annual testing for City owned devices will be secured by purchase order at the beginning of the fiscal year funded through Water Operations Fund 401- Contract Services - Professional, and all other emergency/nonemergency testing services would be funded in Equipment Repairs/Maintenance on a time and materials basis, not to exceed the available budget; and
WHEREAS all annual testing for property owners managed devices will be billed to the property owner with the additional administrative fee and possible cost of repairs if required; and WHEREAS the action of authorizing a contract for backflow testing services provider does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF COTATI authorizes the City Manager to execute a PSA for an initial contract term of one (1) year from date of final execution of contract with four (4) possible one (1) year renewals, in an amount not to exceed $20,000 per year.

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IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the April 26th, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Introduction of an ordinance amending the Cotati Land Use Code to streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily housing development.

Date: April 26, 2022
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council hold a public hearing and introduce the ordinance amending Title 17 of Cotati Municipal Code (Land Use) to streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily housing development.

Background
The attached proposed ordinance is intended to implement several of the action items and programs set forth in Cotati’s General Plan that would streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily development.

Multifamily development is permitted in the residential NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and can also be developed as part of a mixeduse project in the city’s commercial zones and specific plan areas. The proposed ordinance would only affect multifamily projects in the NM and NU zoning districts and amends the Land Use Code as follows:

1. Increases the maximum allowed land coverage on parcels in the NM zoning districts from 50% to 55%.

2. Increases the maximum allowed land coverage on parcels in the NU zoning districts from 60% to 75%.

3. Increases the maximum allowed height in the NU zoning district from 28 feet to 35 feet.

Currently, structures in the NU zoning district can be built to 35 feet in height only if granted a use permit or if 40 percent or more of the units in the development will be affordable to extremely low- and very low-income households.

4. Removes the requirement for a use permit to develop multifamily housing in the NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and would identify multifamily housing development as a Permitted Use in the MN and NU

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zoning districts. New or expanded multifamily developments, however, would still be subject to discretionary Design Review approval by the Planning Commission or City Council depending on the project.

Analysis/Discussion
Meeting the housing needs of Cotati’s residents as well as accommodating the city’s share of regional housing needs is identified as an important goal for Cotati in the city’s General Plan and its Housing Element. Cotati’s General Plan identifies many goals, policies, and programs related to the retention and development of affordable and market-rate housing. Among them are several specific action items and programs related to multifamily housing development that would streamline the review and permitting of certain multifamily housing projects and remove some barriers to multifamily housing development, including the following:

General Plan - Land Use Element
• Action LU 1b: Review the standards provided in the Land Use Code and amend as necessary for consistency with General Plan policies and allowed uses, including:
o Increase maximum building height in the Neighborhood, Urban zone to 35 feet, without the requirement for a use permit.
o Increase the maximum site coverage to 55% in the Neighborhood, Medium Density zone and to 75% in the Neighborhood, Urban zone. • Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process. At a minimum, the review may consider:
o Methods to streamline and simplify the process, including the process for review by City staff as well as various committees and commissions. o Opportunities to reduce redundancies and delays.

General Plan - Housing Element
• Program 2-6: Barrier Removals for Multi-Family Development o The Land Use Code will be amended to remove two potential barriers to the provision of multi-family housing. One amendment will be to remove the Conditional Use Permit requirement for multi-family development of five or more units in the NU Zone, and the second is to reduce the parking requirements for studio, one-, two-, and three-bedroom units (currently 2.25 spaces) to one space for studio and one-bedroom units and no more than two spaces for two- and threebedroom units. • Program 3-9: Monitor Use Permit Requirements for Affordable Housing o Monitor the requirement for a Use Permit for multi-family projects larger than 4 units in the NU Zone to ensure that affordable housing projects are being accommodated. If the requirement for a Use Permit is shown to be an impediment

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to the development of affordable housing projects in the NU Zone, review the feasibility of allowing multi-family projects larger than 4 units in the NU Zone as a Permitted Use.

Amendments to certain development standards to be consistent with the General Plan Action LU 1b, noted above, directs the city to amend or “clean up” its zoning code to be consistent with specific development policies adopted as part of the General Plan. The General Plan development policies addressed in the proposed ordinance include: 1) increasing the maximum amount of land coverage allowed on parcels in the NM zoning districts from 50% to 55%, 2) increasing the maximum amount of land coverage allowed on parcels in the NU zoning districts from 60% to 75%, and 3) allowing for 35-foot-high structures without a use permit in the NU zoning district.

Changing these zoning code standards to be consistent with the General Plan will remove barriers to multifamily housing development by allowing for a small, but not insignificant, increase in development capacity in the NM and NU zoning districts. Developers have expressed that the land coverage limitations can make it difficult to achieve density minimums and provide adequate parking. Increasing the amount of allowable land coverage in the NM and NU districts will allow for larger structures and parking areas and will help to alleviate this barrier to multifamily development. Similarly, allowing for 35-foot-tall structures in the NU zoning district without a Use Permit can serve to streamline the review and permitting of multifamily housing projects. As further discussed below, City approval of multifamily housing projects will not be a ministerial procedure and such projects will still be subject to a public discretionary Design Review process and the City will be required to make findings similar to those for a Use Permit prior to project approval.

Elimination of Use Permit requirement for multifamily projects in NM and NU zones Eliminating the Use Permit requirement for multifamily housing developments is a permit streamlining measure that contributes to implementation of General Plan Action LU 4a and Housing Element Programs 2-6 and 3-9 identified above. The proposed draft ordinance would eliminate the Use Permit requirement for all multifamily housing projects located in the NM and NU zoning districts (see Figure 1 on the following page).

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Figure 1 – Cotati Zoning Map
* Note: There are no NM or NU zoning districts located west of Highway 101

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Housing Element Programs 2-6 and 3-9 specifically direct the city to consider eliminating the use permit requirement in the NU zoning districts. This amendment is included in the draft ordinance. Additionally, the proposed ordinance includes NM in the zoning districts where a use permit would not be required. Staff has included the NM district in the proposed ordinance because eliminating the use permit requirement implements the more general direction provided in Action LU4a and, as further discussed below, will not make the review and permitting of multifamily developments a ministerial process or allow future multifamily developments byright. Design review approval from the Planning Commission or City Council at a noticed public hearing would still be required.

The NM and NU zoning districts are areas where the City has already determined multifamily housing development is appropriate and desirable. The primary effects from eliminating the use permit requirement in NM and NU zoning districts would be that the California Environmental Quality Act (CEQA) review would be limited to aspects of design review, and the city would not be required to make certain use permit findings prior to project approval. However, since multifamily housing projects will remain subject to design review approval, the City will be required to make the certain findings prior to project approval. As shown in the following table, the findings to approve a use permit are very similar to the findings to approve design review and are largely redundant.

Staff report continues on the following page

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Table 1 – Use Permit v. Design Review Findings
Use Permit Findings
CMC §17.62.050(F)
Design Review Findings
CMC §17.62.040(F-G)

1. The proposed use is allowed within the
applicable zoning district and complies with
all other applicable provisions of this land
use code and the municipal code;

2. The proposed use is consistent with the
general plan and any applicable specific
plan;

3. The design, location, size, and operating
characteristics of the proposed activity are
compatible with the existing and future land
uses in the vicinity;

4. The site is physically suitable for the type,
density and intensity of use being proposed,
including access, utilities, and the absence
of physical constraints; and

5. Granting the permit would not be
detrimental to the public interest, health,
safety, convenience, or welfare, or
materially injurious to persons, property, or
improvements in the vicinity and zoning
district in which the property is located.

1. Project complies with Section 17.62.040
(Design Review);

2. Provides architectural design, building
massing and scale appropriate to and
compatible with the site surroundings and
the community;

3. Provides attractive and desirable site layout
and design, including building
arrangement, exterior appearance and
setbacks, drainage, fences and walls,
grading, landscaping, lighting, signs, etc.;

4. Provides efficient, safe, and visually
attractive public access, circulation and
parking;

5. Provides appropriate open space and
landscaping, including the use of waterefficient landscaping, and native plants where appropriate;

6. Addresses site planning design
considerations related to city services,
traffic flows and patterns, and
environmental conditions in a manner that
ensures maximum aesthetic cohesiveness;

7. Is consistent with the general plan and
applicable specific plans; and

8. Complies with any applicable city design
guidelines, design standards, and/or design
review policies.

Given the city’s examination and consideration of areas when they are initially zoned for multifamily development, the redundancy in the findings to approve design review and the findings to approve a use permit, and given that all areas zoned NM and NU in the city are urban infill locations, Staff has concluded that there would be minimal adverse impacts or reduced project scrutiny by eliminating the use permit requirement for multifamily housing projects located in the NM and NU zoning districts.

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Planning Commission
On March 7, 2022, the Planning Commission, by a vote of 3 to 1, adopted Resolution PC-2022-3 recommending City Council approval of the proposed ordinance (see Exhibit A). The Commission questioned how the development potential of individual parcels would be affected by the ordinance, and sought clarification on the differences between use permit approvals and design review approvals. The Commission was supportive of the ordinance, but one dissenting Commissioner felt that some multifamily projects could have a significant impact on a neighborhood and that the use permit requirement allowed for increased scrutiny and evaluation of a project beyond its design.

Financial Considerations
The proposed ordinance will not have a direct adverse financial impact on the city. The staff time to prepare the ordinance will be reimbursed through a portion of the SB 2 Planning Grant awarded to the city in 2019. Staff time to review and process multifamily housing projects is recovered through design review application and building permit fees.

Environmental Issues
Section 15168(c) of the California Environmental Quality Act (CEQA) Guidelines provides that certain projects are exempt from further environmental review if they are consistent with a previously adopted General Plan Environmental Impact Report (EIR). CEQA Guidelines Section 15168(c) states that “later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.” The proposed code changes are a “later activity” of the program EIR that was certified for the Cotati General Plan. Relative to what was analyzed in the program level EIR, the proposed code changes do not result in environmental effects that were not previously examined. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, no subsequent or supplemental EIR is required. In accordance with CEQA Guidelines Section 15168(c)(2), the City can “approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.” Further, the requirement that multifamily housing developments must receive Design Review approval (a discretionary action) ensures multifamily housing projects will undergo environmental review under CEQA to address site specific environmental concerns.

Cotati General Plan EIR
The Cotati General Plan was adopted March 24, 2015, by Resolution Number 2015-12. The General Plan identifies the City’s vision for the future and provides a framework to guide decisions on growth, development, and conservation of open space in a manner consistent with the goals and priorities of residents and businesses. The City of Cotati General Plan program level EIR provides for streamlining and/or tiering opportunities under CEQA Guidelines Section 15168.

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The Cotati General Plan Update EIR (SCH No. 2013082037), was certified on March 24, 2015 by Resolution Number 2015-11. The General Plan EIR reviewed potentially significant environmental effects resulting from plan implementation and identified policies that mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City adopted a statement of overriding considerations, which balance the merits of approving the Plan despite the significant environmental effects.

A copy of the City of Cotati’s General Plan and EIR are available at the Community Development Department, 201 West Sierra Avenue, Cotati, California 94931, during normal business hours, and online at http://cotati.generalplan.org/.

Consistency with the City of Cotati General Plan and EIR (CEQA Guidelines section 15168) The City of Cotati is proposing changes to the Land Use Code to streamline the review and permitting of multifamily housing developments and remove barriers to their development. The code changes are intended to encourage housing development within existing urbanized areas near jobs and transit in accordance with the General Plan and Housing Element goals and policies. As discussed above, the proposed Land Use Code changes implement specific action items and programs identified in the General Plan and Housing Element, including:
• Action LU 1b: Review the standards provided in the Land Use Code and amend as necessary for consistency with General Plan policies and allowed uses; • Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process;
• Program 2-6: Barrier Removals for Multi-Family Development; and • Program 3-9: Monitor Use Permit Requirements for Affordable Housing The proposed zoning amendments implement the General Plan and Housing Element and were analyzed in the EIR. The proposed code changes do not result in new unexamined environmental effects; therefore, no further environmental analysis is required.

Attachments:

EXHIBIT A - Planning Commission Resolution PC-2022-3(DOC)

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RESOLUTION NO. PC - 2022 - 3

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COTATI

RECOMMENDING CITY COUNCIL ADOPTION OF AN ORDINANCE AMENDING SECTION 17.24.020 (ALLOWABLE LAND USES) AND SECTION 17.24.030 (STANDARDS FOR ALL DEVELOPMENT AND LAND USES) OF THE COTATI

LAND USE CODE TO STREAMLINE THE REVIEW OF CERTAIN MULTIFAMILY

HOUSING PROJECTS AND REMOVE BARRIERS TO MULTIFAMILY HOUSING

DEVELOPMENT
WHEREAS, the availability and affordability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, over the last several years the State of California has adopted numerous legislative bills intended to increase the supply of housing in California, including the Building Jobs and Homs Act (SB 2, 2017) which supports development of this Ordinance through its SB 2 Planning Grants program; and
WHEREAS, on March 24, 2015, the City Council adopted the updated Cotati General Plan, and on May 19, 2015, the City Council adopted the Housing Element, which sets forth policies and programs intended to remove constraints and promote the development of additional affordable housing in Cotati; and
WHEREAS, adoption of changes to Land Use Code are necessary to implement the objectives of the General Plan and Housing Element; and
WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed Land Use Code amendments and recommended City Council approval of the implementing draft ordinance.

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

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Packet Pg. 586 Attachment: EXHIBIT A - Planning Commission Resolution PC-2022-3 (Multifamily housing streamlining) The Record of Proceedings (“Record”) upon which the Planning Commission makes its recommendation includes, but is not limited to: 1) the General Plan and Housing Element adopted by the City Council in 2015, 2) the Final Environmental Impact Report (FEIR) certified for the 2015 General Plan, and 3) all staff reports, City files, records, and other documents prepared for and/or submitted to the Planning Commission related to the adoption of the zoning amendments.

3. General Plan Consistency
The Planning Commission of the City of Cotati does hereby find that the proposed Land Use Code amendments to streamline the review of certain multifamily housing projects and remove barriers to multifamily housing development, as shown in the attachment to this Resolution, are in the best interest of the City because it furthers established General Plan goals and programs to promote housing opportunities and remove unnecessary barriers to multifamily development.

The amendments are consistent with and implement the following specific General Plan and Housing Element policies and programs:

Land Use Element
Action LU 1b: Review the standards provided in the Land Use Code and amend as necessary for consistency with General Plan policies and allowed uses, including:
• Increase maximum building height in the Neighborhood, Urban zone to 35 feet, without the requirement for a use permit.
• Increase the maximum site coverage to 55% in the Neighborhood, Medium Density zone and to 75% in the Neighborhood, Urban zone.

Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process. At a minimum, the review may consider:
• Methods to streamline and simplify the process, including the process for review by City staff as well as various committees and commissions.
• Opportunities to reduce redundancies and delays.

Housing Element
Policy H-3-1: Ensure that the City’s development standards encourage development of a range of housing types, including multifamily, mixed use, high density residential, second units, and single-family units, and incentivize production of lower income housing.

Policy H-3-2: Provide incentives for affordable housing development, including density bonuses,

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Packet Pg. 587 Attachment: EXHIBIT A - Planning Commission Resolution PC-2022-3 (Multifamily housing streamlining) expedited processing, relaxation in development standards, and either reduction, delay, or waiver of fees when financially feasible.

Program 2-6: Barrier Removals for Multi-Family Development • The Land Use Code will be amended to remove two potential barriers to the provision of multi-family housing. One amendment will be to remove the Conditional Use Permit requirement for multi-family development of five or more units in the NU Zone, and the second is to reduce the parking requirements for studio, one-, two-, and three-bedroom units (currently 2.25 spaces) to one space for studio and one-bedroom units and no more than two spaces for two- and three-bedroom units.

Program 3-9: Monitor Use Permit Requirements for Affordable Housing • Monitor the requirement for a Use Permit for multi-family projects larger than 4 units in the NU Zone to ensure that affordable housing projects are being accommodated. If the requirement for a Use Permit is shown to be an impediment to the development of affordable housing projects in the NU Zone, review the feasibility of allowing multifamily projects larger than 4 units in the NU Zone as a Permitted Use.

4. Compliance with the California Environmental Quality Act (CEQA) The Planning Commission finds that the proposed Ordinance to amend the Land Use Code to streamline the review of certain multifamily housing projects and remove barriers to multifamily housing development 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Cotati Planning Commission forwards its recommendation to the City Council to adopt the Land Use Code amendments listed in the draft Ordinance attached to this Resolution (Exhibit A). .

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of Cotati held on the March 7th, 2022, by the following vote, to wit:

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Packet Pg. 588 Attachment: EXHIBIT A - Planning Commission Resolution PC-2022-3 (Multifamily housing streamlining) RESULT: ADOPTED [3 TO 1]
MOVER: Lisa Moore, Commissioner
SECONDER:Neil Hancock, Vice Chair
AYES: Sylvia Lemus, Neil Hancock, Lisa Moore
NAYS: Brittany Murphy
ABSENT: Jonathan Rodriguez
Approved:________________________________
Chair
Attest:____________________________
Keri L. Pajon, Admin. Secretary

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Packet Pg. 589 Attachment: EXHIBIT A - Planning Commission Resolution PC-2022-3 (Multifamily housing streamlining) ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING SECTION 17.24.020 (ALLOWABLE LAND USES) AND SECTION 17.24.030 (STANDARDS FOR ALL DEVELOPMENT AND LAND USES) OF THE COTATI

MUNICIPAL CODE TO STREAMLINE THE REVIEW OF CERTAIN MULTIFAMILY

HOUSING PROJECTS AND REMOVE BARRIERS TO MULTIFAMILY HOUSING

DEVELOPMENT
WHEREAS, the availability and affordability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, over the last several years the State of California has adopted numerous legislative bills intended to increase the supply of housing in California, including the Building Jobs and Homs Act (SB 2, 2017) which supports development of this Ordinance through its SB 2 Planning Grants program; and
WHEREAS, on March 24, 2015, the City Council adopted the updated Cotati General Plan, and on May 19, 2015, the City Council adopted the Housing Element, which sets forth policies and programs intended to remove constraints and promote the development of additional affordable housing in Cotati; and
WHEREAS, adoption of changes to Land Use Code are necessary to implement the objectives of the General Plan and Housing Element; and WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed Land Use Code amendments and recommended City Council approval of the implementing draft ordinance; and
WHEREAS, on April 26, 2022, the City Council held a duly noticed public hearing at which time all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals Made Findings.

The above recitals constitute a part of the findings made by the City Council in adopting this Ordinance.

SECTION 2. Record.

The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the General Plan and Housing Element adopted by the City Council in 2015, 2) the Final Environmental Impact Report (FEIR) certified for the General Plan, and 3) all Packet Pg. 590
staff reports, City files, records, and other documents prepared for and/or submitted to the City Council related to the adoption of the zoning amendments.

SECTION 3. Compliance with the California Environmental Quality Act (CEQA).

The City Council of the City of Cotati does hereby find that the Ordinance to amend the Land Use Code to streamline the review of certain multifamily housing projects and remove barriers to multifamily housing development 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)). Pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.

SECTION 4. Amendment to the Cotati Municipal Code.

Section 17.22.020, Table 2-2 is amended, as shown in strike-out (deleted) and underline (added) text, as follows:

Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure UP – P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard, vineyard – – UP – – – – Plant nursery – – UP – – – –
Winery, small scale – – UP (2) – – – –
Industry, Manufacturing and Processing, Wholesaling
Artisan/craft product manufacturing – – UP (3) – – – –
Recreation, Education and Public Assembly Uses
Community garden – MUP MUP MUP MUP MUP MUP
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P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Equestrian facility – UP UP – – – –
Meeting facility, public or private – – – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation facility – – – UP UP UP UP School – Elementary, middle, secondary – – – UP UP UP – Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters UP – – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Multifamily housing, 3 or 4 units – – – – – UPP P 17.42.120 Multifamily housing, 5 to 9 units – – – – – UPP UPP 17.42.120 Multifamily housing, 10 or more units – – – – – – UPP 17.42.120 Multifamily housing, up to 100 units with 25%
affordable
– – – – – – P 17.42.120
Organizational house (sorority, monastery, etc.) – – – – – – UP Residential accessory use or structure – – P P P P P 17.42.160 Residential care facility for the elderly (RCFE) – – UP UP UP UP UP Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
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P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Residential component of a mixed use project – – – – UP UP UP 17.42.100 Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4)
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or less – – – – UP UP UP Produce stand – – UP – – – – 17.42.130
Services – Business and Professional
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more clients – – UP UP UP UP UP
Child day care – Small family day care home – – P P P P P Child day care – Large family day care home – – P P P – – 17.42.060 Child day care – Day care center – – – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn (B&B) – – UP UP – – – 17.42.050 Personal services – 1,000 sq. ft. or less – – – – – UP UP Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Solar collector S S S S S S S 17.30.084
Windmills – – UP – – – – 17.42.190
Key to Zoning District Symbols
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Key to Zoning District Symbols
OSC Open Space – Conservation NL Neighborhood – Low Density OSR Open Space – Recreation NM Neighborhood – Medium Density RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan.

SECTION 5. Amendment to the Cotati Municipal Code.

Section 17.24.030, Tables 2-10 and 2-11, and Figure 2-14 are amended, as shown in strike-out (deleted) and underline (added) text, as follows:

Table 2-10
NM Zone Standards
Development Standard NM Zone Requirement
Setbacks – Minimum setbacks required, as shown in Figure 2-11. See Section 17.30.020 for exceptions.

Front 20 ft.

Side – Interior (each) 5 ft.; 10 ft. for multifamily structures; none required for rowhouse units.

Side – Street side 10 ft.

Rear 20 ft.

Garage 10 ft. back from street-facing facade of main structure, exclusive of porch.

Accessory structures See Section 17.42.160 (Residential accessory uses and structures) Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures and pavement.

Maximum coverage 50%55%
Height limit – Maximum allowable height of structures. See Section 17.30.040 (Height limits and exceptions) for height measurement requirements, and height limit exceptions. See Figure 2-12.

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Development Standard NM Zone Requirement
Main structure 28 ft.

Accessory structures See Section 17.42.160
Table 2-11
NU Zone Standards
Development Standard NU Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front 15 ft.

Setbacks – Minimum setbacks required as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 10 ft. for 1-story building walls; 15 ft. for 2-story building walls; none required for rowhouse units.

Side – Street side 15 ft.

Rear 15 ft.

Garage 10 ft. back from street-facing facade of main structure, exclusive of porch.

Accessory structures See Section 17.42.160
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch, forecourt, stoop Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures and pavement.

Maximum coverage 60%75%
Height limit – Maximum allowable height of structures.1 See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-14.

Main structure 28 ft.; 35 ft. with use permit35 ft.

Accessory structures See Section 17.42.160
1 Maximum height is twenty-eight feet, except buildings up to thirty-five feet are allowed without a use permit for development that provides forty percent or more units affordable to extremely low- and very low-income households as defined by Sections 50105 and 50106 of the Health and Safety Code; however, multifamily buildings adjacent to existing single-story residential development shall continue to be restricted to a maximum height of twenty-eight feet Packet Pg. 595

SECTION 6. Severability
The provisions of this ordinance are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.

SECTION 7. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after its final passage.

SECTION 8. Publication or Posting.

The City Clerk of the City of Cotati shall cause this Ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
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John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Part-Time Clerk for the Sonoma County Mayors and Councilmembers Association
Date: April 26, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council support the creation of a part-time contract Association Clerk for the Mayors and Councilmembers Association and by motion authorize the City to support the same and direct the City Manager to budget for the City’s contribution to the costs, which will be shared amongst all Sonoma County cities.

Background
Historically, the focus of the Sonoma County Mayors and Councilmembers Association (MCA) has been the exchange of ideas among fellow elected officials - both by educational presentations and by providing an opportunity to network with peers. The MCA Board of Directors (Board) also makes appointments to select regional bodies, as well as serving as the City Selection Committee for Sonoma County, as required under Government Code §50270. The MCA Board and General Membership meetings are held quarterly, per the current by-laws. The MCA also has a Legislative Committee, which our Cal Cities representative (Nancy Hall Bennett) has graciously hosted on behalf of the MCA.

By 2019, it had become clear that the speed, volume, and types of issues confronting Sonoma County cities required enhanced coordination to address issues of common interest.

Additionally, the rotational system to manage the various MCA functions is time consuming, inefficient and lacks continuity. Therefore, on September 16, 2019, the Board met and developed an outline of the recommended changes to the MCA, which is attached to this staff report (Exhibit A). In addition, the Board Chair appointed, and the Board approved, an ad hoc subcommittee of the following elected officials tasked with updating the by-laws to implement the recommended changes:

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• Tom Schwedhelm (City of Santa Rosa)
• Teresa Barrett (Petaluma)
• Melanie Bagby (Cloverdale)
• Neysa Hinton (Sebastopol)
However, after an initial meeting to develop a purpose statement, work paused as the region grappled with multiple emergencies, including wildfires and COVID-19. On November 18, 2021, the MCA Board re-appointed the ad hoc subcommittee to continue their work, with staff assistance from Jeff Kay (Healdsburg) and Damien O’Bid (Cotati).

Given that cities are currently in their budget development process, the ad hoc focused on developing a draft scope and cost for a contract part-time Association Clerk to inform their budget processes. This will be followed by updating the by-laws for review by the cities.

Analysis/Discussion
Currently, the MCA is an association without any staff or administrative infrastructure.

Therefore, the cities in Sonoma County rotate responsibilities as Chair City and Program City, in alphabetic order so that each city serves in one of these roles every 9 years. The Chair City is responsible for chairing the meetings, updating the MCA handbook, creating and publishing the meeting agendas through close coordination with the Program City, the Host City and the County Clerk for City Selection Meetings, recording the meeting minutes, pushing out information to the member cities, and establishing a website to host MCA information for that year. The Program City, which is the next in line alphabetically, is responsible for arranging for the speakers’ program at the General Membership meetings. For each General Membership meeting, there is also a Host City. The Host City rotates with each General Membership meeting and is responsible for securing a meeting venue and related meeting logistics, choosing and developing the menu, securing potential sponsors to offset meeting costs, and collecting meeting reservations and payments.

The current rotational system is problematic in a number of ways. Rotating the administrative functions each year is inefficient, leads to a lack of continuity and focus between years, and requires extensive staff time by the Chair City, and to a lesser degree, the Program City and Host cities. Under the current system, many of these administrative tasks essentially need to be rebuilt every year, leading to staff impacts for the Chair City and unnecessary confusion for the membership. The part time Association Clerk is intended to provide basic administrative

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structure to the MCA, including record keeping, hosting of an MCA website, and general coordination and continuity of all functions currently performed by various cities, as described in the attached scope of work (Exhibit B). Employing a part-time contract employee is fairly common in other Mayors & Councilmembers Associations in the Bay Area, so while the proposed scope of work fits our unique needs, the role is relatively common in other associations.

The MCA is not an entity with legal standing to enter into agreements or employ staff.

Therefore, the part-time Association Clerk is intended to be an independent contractor, who would contract with one of the MCA cities that volunteers to serve as the Fiscal Agent. The Fiscal Agent would be responsible for contracting with the part-time Association Clerk, as well as managing funds for MCA functions. Determination of which City will serve as Fiscal Agent will be made at a later date. Additionally, the draft Association Clerk scope may be further amended once the MCA by-laws are updated, as necessary or desirable.

Financial Considerations
In the first year, there will be some initial start-up costs, such as developing a dedicated website for the MCA, which will be less in future years. The following table includes the estimated costs:

Description Year 1 Future Years
Contract Part-Time Association Clerk $40,000 $40,000 + CPI Association Clerk Incidentals $2,000 $2,000
MCA Website/Event Management $10,000 $2,000
Total $52,000 ~ $44,000
It was initially proposed to split the costs equally among all 9 MCA cities. However, in recognition of the staff time required to manage and support the Association Clerk, as well as acting as the Fiscal Agent, the ad hoc subcommittee has recommended that the City who serves as the Fiscal Agent be provide a 50% discount on the costs related to the Association Clerk contract. Using the above Year 1 estimate, each city would be required to contribute $5,778 for the year if equally split. If the MCA ultimately elects to provide a discount to the City acting as the Fiscal Agent, the cost would be approximately $6,139 in Year 1, if 50% of one city’s cost is distributed to the other 8 cities. Future years are expected to be less after initial startup costs.

The hiring of a part-time contract Association Clerk is expected to save significant City staff

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time by avoiding the need to support many of the MCA administrative functions that are supported by the Chair, Program or Host cities today. This time can instead be spent on supporting local city priorities.

Attachments:

Exhibit A - Outline of Proposed By-Law Changes (PDF)
Exhibit B - DRAFT MC Assoc Clerk Contract (DOCX)

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EXHIBIT A
1 of 2
DRAFT – Summary of 9/16/19 Board Meeting – New Direction (Revised 9/23/19)
Working Notes for Ad‐hoc Sub‐Committee

MAYORS AND COUNCILMEMBERS ASSOCIATION OF SONOMA COUNTY (SCMCA) Issues / Interests
 Increase effectiveness and impact of Sonoma County cities in county, regional and state issues.  Review and improve the decision making structure and business process of SCMCA to be more agile in responding to issues of concern or advocacy.
 Improve the structure and focus of the meetings. Shift Board meetings to separate meeting date between General Membership meetings. Refine the purpose of each meeting. Allow all members to participate in the reception activities by not holding Board meeting at same time.  Enhance programs/speakers with a focus on current priorities of cities at General Membership meetings.  Provide greater consistency and reduce workload impact on Host City’s City Clerk by contracting out to an individual to serve as the Clerk to the organization. Will require minor contribution from each city (amount to be determined – rough estimate $2,000 per year).

Recommendations

1. Created Ad‐Hoc Committee
a. Mayors – Tom Schwedhelm ‐ Chair (Santa Rosa), Melanie Bagby (Cloverdale), Teresa Barrett (Petaluma), Neysa Hinton (Sebastopol)
b. City Manager – Cathy Capriola (Sonoma) and Damien O’Bid (Cotati) c. Scope
i. Draft a purpose statement
ii. Develop a 1‐page summary of changes and proposed vision iii. Hold a transition meeting in January with outgoing and incoming Mayors iv. Logistical Changes

1. Board Meetings (Mayors) – Hold separately from General Membership a. Gives time for thoughtful discussion on important issues b. Allow Mayors to participate in peer relationship building c. Focus is on business, decisions, formal actions
d. Meeting occurs between General Member meetings
i. Generally 2‐3 week prior to General Membership meetings, or as required e. Brief Board Meetings before General Membership – for City Selection Committee or SCMCA appointment votes

2. General Membership Meeting
a. Allow time for relationship building and social
b. Speakers to be focused on education and priority issues c. Limited Briefings of time sensitive or other items
v. Program / Speaker

1. Gather input from speakers in October/November; submit to Mayors; committee of Mayors and City Managers to review and recommend speaker programming.

11.A.a
Packet Pg. 602 Attachment: Exhibit A - Outline of Proposed By-Law Changes (Mayors & Councilmembers Association - Association Clerk)

EXHIBIT A
2 of 2

2. Host City for the year will also organize the speakers once programming of topics is finalized.

2. Mayors to discuss with City Councils
a. Draft purpose statement
b. Summary of proposed changes
c. Top priorities for speakers / programs
d. Financial contribution from each City for staff assistance (example ‐ $2,000 per City for 2019)

3. Next Steps
a. Review proposed changes with the full Board at the next General Membership meeting, and report out at General Membership meeting
b. Next Ad Hoc Meeting
i. Job description and recruitment for contract Clerk
ii. Possibly start by‐law revisions
c. Future (with contract Clerk onboard)
i. Finalize revised by‐laws

11.A.a
Packet Pg. 603 Attachment: Exhibit A - Outline of Proposed By-Law Changes (Mayors & Councilmembers Association - Association Clerk)

EXHIBIT B

MAYORS & COUNCIL MEMBERS

ASSOCIATION OF SONOMA COUNTY CLERK

NEED TO WRAP THIS IN A CONTRACT AGREEMENT

WITNESSETH
WHEREAS, the Mayors’ and Councilmembers’ Association (MCA) of Sonoma County is comprised of the Mayors and Councilmembers of the incorporated cities in the county of Sonoma; and
WHEREAS, the MCA Board of Directors (Board), consisting of Mayors of each member city, meets monthly, or holds special meetings more frequently as needed; and WHEREAS, the MCA General Membership meets every other month (February, April June, August and October), and consists of elected officials from all member cities; and WHEREAS, the MCA General Membership meetings typically rotate alphabetically, with the Host City responsible for locating a meeting venue and coordinating food service, with the Board developing the informational program for the meetings that the Clerk coordinates; and
WHEREAS, the MCA General Membership is desirous of securing certain professional services in order tocarry out the purposes of the MCA, consisting of membership from all nine (9) cities in Sonoma County; and
WHEREAS, the Chair City of the MCA rotates through member cities alphabetically; and
WHEREAS, the MCA desires an independent contractor to provide Clerk services to the MCA consisting of but not limited to the following further described in Exhibit 1 attached hereto:

1. Preparation of the meeting agendas, meeting minutes, and resolutions.

2. Manage the date, time and location of MCA meetings,

3. Dissemination of information, and correspondence and

4. Coordination with the annually rotating Chair City and the Host Cities to provide professional, efficient and consistent management of the MCA so that Sonoma County cities can effectively coordinate on issues of joint interest; and WHEREAS, the City of XXXXX (Fiscal Agent) has agreed to serve as the fiscal agent for the MCA and will be responsible for invoicing cities on an annual basis for the cost of providing Clerk services based on the scope and annual budget approved by the MCA Board of Directors.

WHEREAS, in recognition of the in-lieu contributions to manage the Contractor and act as .the Fiscal Agent, the City of XXX will receive a 50% discount on the annual costs under this agreement; and

11.A.b
Packet Pg. 604 Attachment: Exhibit B - DRAFT MC Assoc Clerk Contract (Mayors & Councilmembers Association - Association Clerk) 2 | P a g e
WHEREAS, the Contractor is organized and equipped for the purpose of providing such professional services.

PROPOSED FUTURE MOTION ACTION OF THE MCA GENERAL MEMBERSHIP,

CONCURRENT WITH OR IN ADVANCE OF BY-LAW AMENDMENTS
The Mayors & Councilmembers Association of Sonoma County (MCA) hereby:

1. Approves the Scope of Services for an Association Clerk (Exhibit 1).

2. Approves a budget of $XXXXXX for Year 1.

3. Authorizes the Board of Directors to work with the Fiscal Agent to select a contract Association Clerk.

4. Authorizes the designation of the City of X as the Fiscal Agent.

BE IT FURTHER RESOLVED that the MCA authorizes the Fiscal Agent to bill each city for the agreed upon cost share for Clerk services.

11.A.b
Packet Pg. 605 Attachment: Exhibit B - DRAFT MC Assoc Clerk Contract (Mayors & Councilmembers Association - Association Clerk) 3 | P a g e
EXHIBIT 1

SCOPE OF SERVICES

1. The Association Clerk (Contractor) shall perform the following activities and services:
a. Serve as the Clerk of the MCA, including:
• Updating the MCA Handbook as needed, but no less than annually. • Drafting meeting agendas for review by the Chair City; and • Publishing approved agendas in accordance with the Ralph M. Brown Act.
• Clerking MCA meetings, including any subcommittee meetings; and • Keeping good and sufficient record of the proceedings through preparation of meeting minutes and resolutions.
• Distribute information of common interest to the MCA, as directed by any of the member cities.
• Track MCA appointments and vacancies and put out requests for nominations as vacancies occur or in advance of terms expiring.

Provide cities sufficient time in advance of the MCA Board meetings to agendize and discuss applicants.
b. Coordinate with the County Clerk and Chair City for City Selection Committee meetings, including:
• Publishing agendas in accordance with the requirements of Government Code §50270-50279.2.
• To track City Selection Committee appointments and vacancies of regional agencies and put out requests for nominations as vacancies occur or in advance of terms expiring. Provide cities sufficient time in advance of the City Selection Committee meetings to agendize and discuss applicants.
c. Coordinate with the League of California Cities North Bay Representative, who serves as Secretary of the MCA Legislative Committee, to ensure regular updates to the Board and MCA membership; and
d. Receive direction from the MCA Board on presentation programs for the MCA meetings and work with the Chair City to identify potential speakers to fulfill the program direction. Coordinate with and arrange for the speakers to present at MCA meetings. Coordinate with the Host City to ensure the venue has sufficient A/V equipment for the presenter, and other duties as needed to effectively coordinate the presenter logistics.
e. Coordinate with Host City to obtain the date/time, venue location, menu, cost and related information from the Host City. Distribute this information to MCA cities via an online event platform capable of taking member reservations, food orders, collect payments and provide timely confirmation of Commented [DO1]: Not sure what we call Nancy Hall
Bennet?
Commented [JK2R1]: Not really relevant to this doc, but in AlCo the League rep had a slot on every agenda for
legislative updates.

11.A.b
Packet Pg. 606 Attachment: Exhibit B - DRAFT MC Assoc Clerk Contract (Mayors & Councilmembers Association - Association Clerk) 4 | P a g e
totals with Host City prior to the meeting. Within 30 days of the meeting, remit payments collected to the Host City.
f. Maintain and consistently update the MCA website to host meeting materials, provide a platform for MCA coordination, and generally host MCA information. • Retain digital files of all matters related to the MCA and post meeting agendas, and related documents, and business meeting minutes, resolutions, and position/comment letters on the MCA website for public access.
g. No later than February of each year, in coordination with the City of XXXXX, prepare and present any proposed changes to this agreement to the MCA Board. h. Maintain files for all reports, correspondence, and other business of the MCA.
i. Perform such other duties as the MCA Board may from time to time direct.

OTHER CONTRACT TERMS AND CONDITIONS
Term: The initial term of this agreement shall be five (5) years, renewable in 5-year increments by the MCA Board.

Costs: $XXXX/year, with a CPI escalator of X%. Contractor shall also receive an automobile allowance of XXX per month. Contractor shall also be reimbursed for out-of-pocket expenses incurred on behalf of the MCA.

Billing: Contractor shall bill the Fiscal Agent monthly.

11.A.b
Packet Pg. 607 Attachment: Exhibit B - DRAFT MC Assoc Clerk Contract (Mayors & Councilmembers Association - Association Clerk) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.

Date: April 26, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

Pursuant to City Council Policy 2016-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

City Council Policy 2016-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected].

15.A
Packet Pg. 608

Cotati City CouncilApril 26, 2022

Cotati City Council
April 26, 2022