RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING A
CANNABIS CONSUMPTION LOUNGE IN CONJUNCTION WITH THE
MICROBUSINESS COMMERCIAL CANNABIS PERMIT ISSUED TO MERCY WELLNESS OF COTATI AT 7950 REDWOOD DRIVE (PA# 23-04)
WHEREAS, on August 22, 2007, the City Council adopted Ordinance No. 787 adding Chapter 8.24 to the Cotati Municipal Code and authorizing the establishment of “Medical Marijuana Dispensaries” within the City of Cotati; and
WHEREAS, on March 20, 2010, the City Council granted an annual dispensary license for Mercy Medical Dispensary to operate at 7950 Redwood Drive and renewed said license annually; and
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, on June 12, 2018, the City Council awarded a commercial cannabis permit to Mercy Wellness of Cotati allowing for small indoor cultivation (less than 10,000 sf of canopy), non-volatile manufacturing, distribution, and retail activities (under State License Type 12 - Microbusiness) at 7950 Redwood Drive; and WHEREAS, on April 26, 2022, the City Council authorized the establishment of cannabis consumption lounges at permitted cannabis retail facilities by adopting Ordinance 908, amending Section 9.31.060 (Places where Smoking is Optional), amending Chapter
17.22 Table 2-2 (Allowable Land Uses), amending Section 17.42.200 (Commercial Cannabis Uses and Requirements), and amending Chapter 17.90 (Definitions); and WHEREAS, on February 21, 2023, the City received an application from Mercy Wellness of Cotati requesting that a cannabis consumption lounge be added to the permissible commercial cannabis activities allowed under their commercial cannabis permit; and
WHEREAS, on April 11, 2023, the California Department of Cannabis Control approved the consumption lounge and changes to Mercy Wellness of Cotati’s microbusiness premises; 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 Mercy Wellness of Cotati was found to be complete and was presented to the City Council as part of a properly notice d public meeting on August 8, 2023, at which the application materials and all written and oral testimony was considered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati does hereby find, determine, and declare as follows:
A. The foregoing recitals are true and correct and are hereby incorporated by reference.
B. 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 (Existing Facilities) in that the proposed project is the re-use of a suite within an existing commercial building with no increase in square footage, and with a land use found to meet all City of Cotati development criteria.
C. The City Council hereby approves changes to the microbusiness commercial cannabis permit issued to Mercy Wellness of Cotati allowing for the operation of a cannabis consumption lounge at 7950 Redwood Drive, Suites 15 & 16, subject to the fol lowing conditions of approval:
1. This Resolution allows for a cannabis consumption lounge, as described in the Applicant’s written application, at 7950 Redwood Drive, Suites 15 & 16 in conjunction with the Microbusiness (State License Type 12) Commercial Cannabis Permit issued to Mercy Wellness of Cotati on June 12, 2018 (Resolution 2018-43).
2. This Resolution allows for events within the consumption lounge and adjacent outdoor area of the lounge that include live music, celebrity appearances, comedy performances, food truck vendors, cannabis brand activations, and onsite consumption. All advertised events are limited to the hours between 9:00 am and 10:00 pm.
3. The Conditions of Approval listed in this Resolution are specific to the cannabis consumption lounge and are in addition to all Conditions of Approval listed in Resolution 2018-43 (attached) and Resolution No. PC-2018-3 (attached).
4. The lounge must be set up and managed in compliance with the submitted application materials, approved site plans, and these Conditions of Approval.
Any deviation(s) require prior approval from the City.
5. Violation of any of the conditions of this approval will be considered a violation of the Cotati Municipal Code and will constitute grounds for revocation of said permit.
6. Permittee shall implement all aspects of the security plan submitted with the application. Any changes to the security plan shall be approved by the Cotati Chief of Police prior to implementation.
7. All consumption lounge guests shall be greeted upon arrival to verify age. Only patrons 21 years of age and older shall be allowed in the lounge. Permittee must install signage that indicates persons under 21 years of age are prohibited from entering.
8. During normal daily operations, all consumption lounge activity shall be contained to the enclosed lounge and immediate outdoor area. Lounge activity shall not encroach into the eastern parking lot unless previously approved by the City for an event (see condition #28 below).
9. All doors leading to public spaces must be self-closing and not propped open during business hours.
10. In the event of a power outage, Permittee shall temporarily close the lounge until all systems, including security cameras and point-of-sale registers, are back on-line.
11. The consumption lounge shall not store cannabis inventory beyond what is needed for daily business.
12. Customers may order cannabis products from the lounge, which can be delivered to the lounge or fulfilled upon their exit.
13. All cannabis products consumed in the lounge shall be purchased from Mercy Wellness of Cotati. No outside cannabis or cannabis products may be consumed within the lounge.
14. Permittee shall ensure that all employees, security, contractors, vendors, and other persons affiliated with the lounge are 21 years of age or older.
15. Consistent with DCC §15042, Permittee shall identify and maintain a log of all escorted guests and vendors entering limited access areas not open to the public.
16. All lounge employees shall attend a “Responsible Cannabis Sever” and a “Responsible Beverage Server” certification course within one (1) month of employment and must satisfactorily pass each exam with an 80% score or better. A similar training course or training regime may be utilized with prior approval of the Cotati Chief of Police.
17. The continuous presence of an employee in an environment rich with cannabis smoke may pose health and safety concerns. Permittee shall ensure employees are monitored and provided adequate breaks from the environment on a regular basis.
18. Alcohol and/or tobacco products shall not be sold or consumed in the lounge.
19. Adequate parking shall be provided on-site and, as necessary, in the vicinity to accommodate guests and employees.
20. Until an adequate ventilation system is installed in the lounge, all cannabis consumption that produces smoke (including vaporizing) shall occur in an outdoor designated smoking area on the south-easterly side of the building that is located at least 25 feet from any doorway, vent or opening window. The smoking area shall have a clearly marked perimeter and be identified by conspicuous signage.
21. Indoor cannabis consumption requires the installation and utilization of a ventilation system adequate to address the health and safety effects of “second hand” cannabis smoke and vapor, in keeping with the requirements of state and local law.
22. Screening shall be provided to ensure that all cannabis consumption is not visible from any public space or non-age restricted area.
23. Permittee must ensure all employees are trained to recognize the symptoms of an intoxicated or overdosing individual. Intoxicated individuals shall be prevented from further consumption of cannabis.
24. Permittee must ensure any patron identified as intoxicated with alcohol or drugs, will not be allowed admittance into the lounge.
25. Permittee must ensure that any attendee who has been identified as intoxicated will not be allowed to drive and will be offered alternative transportation. Any attendee actively resisting such efforts and who enters a vehicle with the intention of driving shall be immediately reported to the Police. This shall include a description and direction of the vehicle and the patron’s name if known.
26. Permittee must ensure all medical emergencies related to consumption of cannabis or any other drug will be reported immediately via 911. This includes overdoses of any kind.
27. Permittee must ensure literature is available to all attendees explaining the dangers of driving under the influence of cannabis.
28. Permittee is responsible for obtaining all other necessary local, county, and state permits or licenses that may be required for the lounge, events, or temporary event structures.
29. At least 60 days prior to any advertised event, the Permittee shall notify the City’s Community Development staff and the Cotati Police Department.
Depending on the nature of the event, the City may deny the event or apply certain conditions on the event’s operation or hours.
30. Permittee is responsible for addressing all legitimate safety and nuisance complaints. During events, the Permittee shall post in a location easily accessible to the public, the contact information for the person responsible for addressing complaints. Posting shall remain in place throughout the duration of the event.
31. Permittee and all mobile food vendors are responsible for adhering to all foodhandling guidelines and safety procedures as set forth by the Sonoma County Department of Health Services.
32. All food vendors shall have a valid Mobile Food Facility Permit from the Sonoma County Department of Health Services and a current City of Cotati Business License.
33. Permittee shall agree to allow City staff and Police access to all lounge areas and any event to verify compliance with the conditions of this approval.
34. Permittee shall agree to allow annual on-site reviews of the facility by City staff and the City’s consultant, HDL. The reviews may include, but not be limited to, operations, premises layout, security, staffing, accounting, etc. Said reviews shall be conducted to ensure compliance with all conditions of approval applied to the business.
35. The City Manager is authorized to approve minor changes to the facility layout and lounge operation provided such changes do not materially change the scope of the lounge operation approved through this Resolution.
RANCHO ADOBE FIRE PROTECTION DISTRICT
36. Fire extinguishers are required to be maintained in the event spaces in compliance with the California Building Code requirements. Employees shall be trained on how to use a fire extinguisher.
37. Non-combustible trash receptacles shall be placed throughout the lounge and event areas.
38. All exit doors, including the rear gate (leading to the back parking lot), must remain unlocked during the event.
39. Any tent over 400 sq. ft. will require a separate “tent” permit and inspection from the Rancho Adobe Fire Protection District.
40. All furnishings placed within the smoking area of the consumption lounge must meet the TB117-2013 requirements.
.
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 August 8th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Resolution No. 2018-43 (PDF)
Resolution No. PC-2018-3 (PDF)