RESOLUTION NO. PC - 2018 - 3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COTATI
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL CANNABIS MICROBUSINESS (STATE LICENSE TYPE 12) CONSISTING OF CULTIVATION (LESS THAN 10,000 SF OF CANOPY AND INCLUDING THE USE OF CARBON DIOXIDE), LEVEL 1 (NON-VOLATILE) MANUFACTURING INCLUDING THE USE OF ETHANOL, DISTRIBUTION, DELIVERY AND RETAIL) AT 7950 REDWOOD DRIVE, SUITES 4 THROUGH 12, 18 & 19 AND 21 THROUGH 29 – KNOWN GENERALLY AS MERCY WELLNESS (APN 144-060-005 & -006) WHEREAS, an application for a Conditional Use Permit to operate a commercial cannabis microbusiness (state license type 12) consisting of cultivation less than 10,000 square feet of canopy and including the use of carbon dioxide, level 1 (non-volatile) manufacturing including the use of ethanol, distribution, delivery and retail activities was received by the City on March 26, 2018; and
WHEREAS, the application could not be processed without prior approval of a commercial cannabis permit from the City Council; and
WHEREAS, a commercial cannabis permit for a microbusiness consisting of the various uses and activities listed above was approved for this operator by the City Council on June 12, 2018; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 6, 2018 to consider public testimony and all documents and evidence related to the proposed project; and WHEREAS, the Planning Commission finds that Section 17.22.020 of the City of Cotati Land Use Code conditionally permits this type of use when approved by the Planning Commission; and
WHEREAS, the Planning Commission determined that based upon the public testimony and evidence provided that the proposed use is appropriate as a conditional use for this site and within the CG (Commercial, Gravenstein Corridor) Zoning District; and WHEREAS, it has been determined that the application is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines, as it involves tenant improvements to an existing building footprint with no expansion of floor area or significant increase in the use of resources, such as energy or water, above that already utilized by the existing facility and anticipated by the City’s general plan and therefore poses no significant impacts to the environment; and WHEREAS, the Planning Commission has reviewed all evidence submitted in connection with the application, including public testimony and all other relevant documents and evidence which are part of the record of proceedings; and
WHEREAS, the Planning Commission further finds that the health, safety, and welfare of the citizens of the City of Cotati will not likely be jeopardized by the approval of this project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Cotati finds as follows:
A. That the above recitals are true and correct and constitute a part of the findings made by the Planning Commission in support of this Resolution.
B. That the Planning Commission does hereby find that the proposed project is consistent with the goals and policies of the City of Cotati General Plan.
C. That the Planning Commission of the City of Cotati does hereby approve a Use Permit to allow a commercial cannabis microbusiness (state license type 12) consisting of cultivation less than 10,000 sf of canopy including the use of carbon dioxide, level 1 (non-volatile) manufacturing including the use of ethanol, distribution, delivery and retail activities to be located in an existing facility at 7950 Redwood Drive, Suites 4 through 12, 18 and 19, and 21 through 29, subject to the approved Conditions of Approval as listed in Exhibit A and based on the following findings:
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Land Use Code and Municipal Codes.
The proposed use is allowable within the CG (Commercial, Gravenstein Corridor) Zoning District with prior conditional use permit approval by the Planning Commission. With inclusion of Conditions of Approval that address potential nuisance issues and hazardous materials management listed in Exhibit A, the proposed use satisfies requirements of the Land Use Code and Municipal Code.
2. The proposed use is consistent with the General Plan and any applicable specific plan.
The site carries a General Commercial General Plan land use designation and Commercial, Gravenstein zoning. With prior approval of a Conditional Use Permit and implementation of the conditions of approval, the proposed use is consistent with the General Plan and Land Use Code. The proposed use furthers the goals stated in the General Plan, listed below:
Economic Vitality Element
Objective EV 1C: “Strengthen and, where possible, expand the commercial sector to increase the number of jobs, meet the needs of residents and visitors, and generate revenue that supports city services.”
The proposed use is a growing industry in the County and State. The operator received City Council approval of a commercial cannabis permit on June 12, 2018 and has a business plan which will bring significant community benefit, including an increase in the number and diversity of jobs available within the City. With a condition added by the City Council to all the Commercial Cannabis Permits approved in June 2018, these jobs are required to pay a living wage.
Land Use Element
Objective LU 3A: “Ensure that commercial and industrial contributes to the economic vitality of the city while also enhancing the city’s small-town character and quality of life.”
The proposed microbusiness will occupy approximately half the square footage of an existing building and will retain all size limitations required by City regulations. Once operational, the business will contribute significantly to the City’s general fund revenue with their tax contributions. This revenue will enable the City to continue, and hopefully, expand the scope and qualify of services to our residents.
Policy LU 3.11: “Require adequate buffers and/or architectural consideration to protect residential areas, developed or undeveloped, from intrusion of non-residential activities that may degrade the quality of life in such residential areas.” The proposed use occurs within an existing building surrounded by streets on three sides and a fuel station on the fourth. It is located more than 400-feet from the nearest residential use so should not impact or intrude into residential areas or have a degrading effect on residential areas.
Noise Element
Policy N 1.6: “Support noise-compatible land uses along existing and future roadways, highways, and freeways.”
The proposed use includes indoor cultivation and manufacturing uses which should have no impact on nearby residential uses, but should also not be negatively impacted by freeway noise.
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.
The proposed cannabis cultivation and manufacturing uses will occur indoors with adequate protections for potential nuisance issues such as odor or air quality so as to have little to no impact on surrounding uses. The retail component will enjoy the visibility and ease of access provided by its location in a commercial zone and may bring additional customer traffic to surrounding Cotati businesses.
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.
The proposed use would be located within an existing retail complex and requires no new construction except for interior tenant improvements. Permits from the City and Rancho Adobe Fire Protection District are required prior to any construction and/or prior to initiating the proposed use. The building is supported by an existing street system, existing parking, and other necessary facilities and services.
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.
The Rancho Adobe Fire Protection District and the City’s Police Department have reviewed the proposed use. Appropriate conditions of approval have been incorporated in the resolution to address concerns identified by these agencies and/or City ordinances and State codes. In addition, the applicant will be required to obtain approval/permits from the Building Division, the Fire District, and Sonoma County Department of Emergency Services (CUPA) prior to initiating the proposed use. With implementation of conditions of approval, the proposed use will not negatively impact the surrounding businesses or people working or living in the immediate area relative to noise, dust, odors, pollutants, hazardous materials or similar negative effects, and will not be materially detrimental to the public welfare of the City and its residents.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Cotati hereby approves the Mercy Wellness Commercial Cannabis Microbusiness Use Permit based on the foregoing findings and subject to the applicable Conditions of Approval, attached as "Exhibit A."
Exhibits
A. Conditions of Approval
B. Project Plans
* * * * * *
RESULT: ADOPTED [4 TO 1]
MOVER: Neil Hancock, Commissioner
SECONDER:Ben Ford, Vice Chair
AYES: Ben Ford, Neil Hancock, Lisa Moore, Suzanne Whipple NAYS: Steven Onines
Approved:________________________________
Steven Onines, Chair
Attest:____________________________
Keri L. Pajon, Admin. Secretary
EXHIBIT “A”
TO PC RESOLUTION NO. PC2018-03
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT
1. Pursuant to Land Use Code section 17.62.050, a Conditional Use Permit is required in order to provide a process for reviewing proposed uses and activities that may be appropriate in the applicable zoning district, but which may have effects on site and surroundings and, therefore, the appropriateness of the use or activity to the site or surroundings cannot be determined before a proposal is submitted for a specific site.
The Conditional Use Permit shall not be valid until all Conditions of Approval are complete.
2. This Use Permit is invalid without prior approval of both a city issued Commercial Cannabis Permit and a state-issued microbusiness license. Violation of any requirements of state, regional or local requirements could suspend the rights conferred through this Use Permit, depending upon the course of action established by the applicable agency, and could constitute grounds for permanent revocation by the Planning Commission.
3. This Use Permit is limited to a two year term, contingent with the term of an approved Commercial Cannabis Permit. It shall automatically renew if applicant’s operation is in good standing sufficient for City Council or City Manager renewal of the associated Commercial Cannabis Permit, unless terminated or revoked prior to expiration of any two year term of approval. However, this shall not be interpreted so as to limit the Planning Commission or City Council’s authority to revoke as allowed by the City’s Land Use and/or Municipal Codes.
4. AMENDED by PLANNING COMMISSION. This use permit shall expire upon departure of the current applicant, Brandon Levine, from controlling interest in the Microbusiness, change of tenancy or sale or transfer of the business.
5. All operations shall be in compliance with Municipal Code section 17.42.200 and within the allowances, limitations conditions and requirements of the Commercial Cannabis Permit application approved by the City Council on June 12, 2018 as amended from time to time.
6. Days and hours of retail operation, including delivery activities, shall not exceed those set forth in MC section 17.42.200 (C)(11)(m); i.e., Monday through Sunday, 10:00 AM to 7:00 PM each day.
7. Days and hours of indoor activities associated with cultivation, manufacturing and distribution only are allowed seven (7) days a week, 24 hours/day, however, outdoor activities such as loading and unloading are limited to 6:00 AM to 6:00 PM. Applicant shall place signs adjacent to shipping and receiving outdoor areas, clearing stating these hours and limitations.
8. Applicant shall register with Administrative Services as a microbusiness and obtain a Zoning Clearance following final inspection of all required building improvements and prior to initiation of operations.
9. No materials shall be stored outdoors. Parking spaces shall not be used for temporary or permanent storage and shall be available solely for automobile parking.
10. The applicant shall be responsible, to the satisfaction of the Community Development Director, for resolving legitimate odor, or other nuisance issues that arise from the proposed uses.
11. No exterior signs, except those required by MC section 17.42.200, and including banners or other temporary signs, shall be installed without prior approval of a sign permit.
BUILDING DEPARTMENT
12. Tenant improvement plans shall be fully detailed, including sufficient response to code requirements of storage and use of hazardous materials (carbon dioxide).
13. The tenant spaces proposed to occupy the stated uses are required to conform to the 2016 California Building, Electrical, Mechanical, Plumbing, Fire, Energy and Green Building Codes, and the City of Cotati Municipal Code.
14. This project requires a licensed designer to prepare and coordinate all disciples related to the building improvement plans. Plans are required to be drawn to scale and detailed to show how all features will comply with applicable code requirements.
15. Plans shall demonstrate through a building code analysis that each compartment has an occupancy classification and is compliant with floor area and type of construction within the existing building. All occupancy separations shall be analyzed and documented and detailed on the plans.
16. Provide electrical plans showing all processing equipment with load calculations to address the demand for proposed processing equipment.
17. Provide Title 24 energy documentation for lighting, building envelope, heating and cooling.
18. Disabled access paths of travel and usage features are required to be detailed in the construction documents. Parking, entrances and all features within the building are required to be disabled compliant for both the public and employee sides of the operations. (2016 CBC Chapter 11B.)
19. Provide a design for the indoor air quality systems to meet or exceed the Mechanical Code requirements. There are different requirements based upon the occupancy and activity within the space. The State of California and other health and safety codes may apply (2016 CMC, CalGreen, Title 24 Energy standards and applicable processing standards).
20. Provide water supply demand figures for the cultivation and other processes with the overall tenant space. Clearly detail the various processes as they relate to building and fire code requirements and identify types and quantities of soil amendments and fertilizers to be used. Also identify how waste water will be treated sufficiently to meet standards before being delivered to the disposal system. Detail all processes from entry to disposal.
21. Provide a list of all components used in the manufacturing process. All processes shall be limited to components that are compatible, listed and approved for use as proposed in the process or certified by a third-party testing agency or licensed engineer.
22. Provide waste management details of system piping, valves and storage to address waste by-products of both cultivation and manufacturing processes. If these details result in hazardous waste, the tenant spaces may need to be re-classified as “H” occupancy and additional permitting and building improvements may be necessary.
23. Plans shall demonstrate that all fire and life safety features for existing and fire protection in the retail area are already in place or proposed as part of this project.
ENGINEERING DEPARTMENT
24. If an indoor fire sprinkler system is required, calculations of actual water pressure and detailing of existing onsite plumbing shall be provided in order to certify that the system meets the fire sprinkler system pressure and flow requirements.
25. Applicant shall either obtain a wastewater discharge permit from the City of Santa Rosa Utilities or a letter stating that a permit is not required for the intended uses.
26. Applicant shall provide the Engineering Department with a signed acknowledgement of the requirements of Chapter 13.68, “Storm Water ordinance,” including the requirements to maintain the premises trash free so as to not pollute the storm water system.
POLICE DEPARTMENT
27. Applicant shall comply with all security measures set forth in the Commercial Cannabis Permit approved by the City Council.
RANCHO ADOBE FIRE PROTECTION DISTRICT
28. A complete building code analysis should be prepared to determine complete requirements for the building. It appears that the facility is proposed to be mixed B, H, F1, S-1 and U occupancies. This should be verified as part of the building and fire permitting process for tenant improvements.
29. A complete automatic fire sprinkler system will be required for the building.
30. A technical report in accordance with the requirements of CFC Chapter 38 for the manufacturing process shall be required to be submitted with building plans.
31. An analysis prepared by an electrical engineer will be required in order to determine if
the existing electrical systems are adequate to serve the intended purposes or, if not, detail the required upgrades.
32. Operations shall be detailed sufficiently to determine the appropriate occupancy classification for each of the spaces and the location of any operations utilizing hazardous materials. Those uses which exceed maximum allowable quantities for hazardous materials shall be classified as H occupancy and all other occupancies shall be protected from the H occupancy.
CERTIFIED UNIFIED PROGRAM AGENCY (HAZARDOUS MATERIALS MANAGEMENT)
33. The hazardous materials management plan threshold for CO2 is 1000 cubic feet. It is assumed that dewars (CO2 tanks) will be used which hold over 1000 cubic feet.
Therefore, a hazmat plan will be required to be submitted and approved by Sonoma County Fire prior to initiation of operations and CO2 detectors and alarms must be installed in the CO2 storage and grow areas.