RESOLUTION NO. 2018 - 43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING A
COMMERCIAL CANNABIS PERMIT TO MERCY WELLNESS FOR SMALL
INDOOR CULTIVATION (LESS THAN 10,000 SF OF CANOPY), NON-VOLATILE
MANUFACTURING, DISTRIBUTION AND RETAIL ACTIVITIES (UNDER STATE LICENSE TYPE 12 M & A) AT 7950 REDWOOD DRIVE, SUITE 8 (PA #18/05) WHEREAS, on February 23, 2018, the City Council adopted Ordinance No. 883, adding Section 17.42.200 Commercial Cannabis Uses and 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 following an open application period and review and recommendations of applications by City staff and consideration by the Council at a noticed public hearing; and
WHEREAS, the City held an open application period for the available commercial cannabis permits and received eight written proposals that were reviewed and scored by senior staff from the City and Rancho Adobe Fire District; and WHEREAS, City staff also contracted with a local firm to complete building occupancy analyses on the proposed locations in order to confirm suitability of the proposed existing facilities for the intended use; and
WHEREAS, the average scores for each proposal team were presented to the City Council as part of the properly noticed public hearing on June 12,2018, at which the applications were considered; and
WHEREAS, the action of awarding a business permit does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required; 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:
The foregoing recitals are true and correct and are hereby incorporated by reference.
Pursuant to Section 17.42.200 of the Cotati Municipal Code, the Council finds that Mercy Wellness has met all minimum requirements of the Request for Proposal process related to a commercial cannabis permit from the City of Cotati.
The City Council hereby authorizes the City Manager to issue a commercial cannabis permit to Mercy Wellness, located at 7950 Redwood Drive, for small indoor cultivation, and non- volatile manufacturing, distribution and retail activities under State License Type 12M and 12A, upon confirmation that all requirements of the Cotati Municipal Code have been met and subject to Finding No. 2 below, to operate a commercial cannabis business according to all requirements of Municipal Code Chapter 17.42.200 and applicable state laws and regulations.
The commercial cannabis permit shall contain appropriate conditionsto ensure full compliance with Municipal Code Section 17.42.200 and state laws and regulations, including but not limited to:
1. No commercial cannabis operations may commence at the permitted location until the business has obtained all required state licenses; and
2. No commercial cannabis operations may commence at the permitted location until City staff has issued a zoning clearance, confirmed that all requirements of Municipal Code Section 17.42.200 have been met and the business has registered with the City's Administrative Services Department; and
3. The commercial cannabis permit may expire in two hundred forty (240) days if the business is not fully operational; however, the City Manager is authorized to extend the time period for startup if permittee can establish substantial evidence of progress toward establishing a fully operational business; and
4. The commercial cannabis permit has a two year term and must be renewed prior to expiration of the term; however, the City Manager is authorized to renew the license following demonstration by the Operator/permittee of compliance with all requirements in effect and provided operation is in good standing with all State and local agencies (Municipal Code Section 17.42.200 (A)(7)(a).
This resolution shall become effective immediately upon its passage and adoption.
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 12th day of June, 2018, by the following vote, to wit:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Councilmember
SECONDER: Wendy Skillman, Councilmember
AYES: Landman, Dell'Osso, Skillman, Moore, Ha
Approved:
Plenges Mayor
Attest:
Laüren Berges, Deputy City Clerk
Approved as to form:
Rolinsaige Donoghue
City Attorney