RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING A COMMERCIAL CANNABIS PERMIT TO BARLOW PRINTING, LLC (A WHOLLYOWNED SUBSIDIARY OF HC SOULTIONS OF CALIFORNIA, LLC) TO ALLOW CANNABIS DISTRIBUTION ACTIVITIES (UNDER STATE LICENSE TYPE 11 (DISTRIBUTOR)) AT 481 AARON STREET (PA# 22/16)
WHEREAS, on February 23, 2018, the City Council adopted Ordinance No. 883, adding Section 17.42.200 (Commercial Cannabis Uses), amending Tables 2 -2 and 2-3 of Chapter 17.22 (Allowable Uses and Permit Requirements), amending Chapter 17.90 (Definitions), and repealing Chapter 8.24 (Medical Marijuana Dispensaries) of the Cotati Municipal Code to allow and regulate certain commercial cannabis uses within the City; and WHEREAS, Sections 17.42.200(B)(5), 17.42.200(C)(4) and 17.42.200(D)(4) set forth the number of allowable permits at five (5) cultivation, two (2) retail, and seven (7) manufacturing, testing, storage, distribution and non-storefront retail facilities, respectively, that may be issued by the City Council; and WHEREAS, on June 25, 2019, Heritage Holding of California, LLC was granted a permit to operate a commercial cannabis business for distribution activities (under State License Type 11) according to all requirements of Municipal Code Chap ter 17.42.200 and applicable state laws and regulations; and
WHEREAS, in January, 2021, Heritage Holding of California, LLC formed Barlow Printing, LLC as a wholly-owned subsidiary to control its commercial cannabis activities within Cotati; and
WHEREAS, HC Solutions of California, LLC intends to acquire Barlow Printing, LLC from Heritage Holding of California, LLC; and
WHEREAS, the application meets all of the requirements of the City’s commercial cannabis ordinance including those enumerated in Zoning Code Chapter
17.22 and Section 17.42.200; and
WHEREAS, the application from HC Solutions of California, LLC was found to be complete and was presented to the City Council as part of a properly noticed public meeting on July 25, 2023, at which the application materials and all written and oral testimony was considered; and
WHEREAS, the City Council desires to award commercial cannabis permits to individuals and operations that will achieve compliance with local and state regulations, enhance and diversify the local economy, mitigate potential negative impacts, and best promote the public health, safety, and general welfare of City of Cotati residents and businesses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati does hereby find, determine, and declare as follows:
1. The foregoing recitals are true and correct and are hereby incorporated by reference.
2. That, based on all available information, including the project application and above findings and determinations, the project qualifies for a Class 1 Categorical Exemption, pursuant to CEQA Guidelines Section 15301 in that the proposed project is the re-use of an existing industrial building with no increase in square footage, and with an industrial land use found to meet all City of Cotati development criteria.
3. The City Council hereby approves issuance of a commercial cannabis permit to Barlow Printing, LLC (as a wholly-owned subsidiary of HC Solutions of California, LLC) allowing for cannabis distribution activities at 481 Aaron Street, subject to compliance with all conditions of approval below.
4. The City Council authorizes the City Manager to issue a commercial cannabis permit to Barlow Printing, LLC located at 481 Aaron Street, upon confirmation that all requirements of the Cotati Municipal Code have been met and subject to the following conditions of approval:
i. The commercial cannabis permittee shall ensure full compliance with Cotati Municipal Code Section 17.42.200(B) and all required state laws and regulations.
ii. This action approves and authorizes commercial cannabis distribution activities only. All previous commercial cannabis approvals and allowances related to and occurring on this site are hereby voided with this action. iii. Business operators and activities are subject to all commercial cannabis taxation rules and requirements as identified in the Cotati Municipal Code. iv. No commercial cannabis operations may commence at the permitted location until the business has obtained all required state licenses. v. No commercial cannabis operations may commence at the permitted location until City staff has issued a zoning clearance and confirmed that all requirements of Municipal Code Section 17.42.200, including police department approval of a final security plan, have been met. vi. Product loading and unloading activities are limited to fully secured areas and are limited to occur only between the hours of 6:00 am to 8:00 pm, unless alternative times are specifically authorized by the Chief of Police. vii. The City of Cotati Police Department shall be notified of any potential criminal activity and/or security compliance issue, as mandated by the Cotati Municipal Code.
viii. Permittee shall register with the City’s Administrative Services Department. ix. Permittee is advised to revi ew and understand the application of the City’s tax rate as a component of their due diligence in finalizing and implementing their business operations.
x. The commercial cannabis permit may expire in two hundred forty (240) days if the business is not full y operational. The City Manager is authorized to extend the time for startup if the permittee can provide evidence of substantial progress toward establishing a fully operational business. xi. The commercial cannabis permit has a two-year term and must be ren ewed prior to expiration of the term (July 24, 2025). The City Manager is authorized to renew the license following demonstration by the Operator/permittee of compliance with all condition of approval, all requirements in effect at the time of extension and provided the operation is in good standing with all State and local agencies (Municipal Code section
17.42.200 (A)(7)(a)).
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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 July 25th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney