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 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 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.
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 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
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