HomeMy WebLinkAboutpcm_09142016 - Final 1 UKIAH PLANNING COMMISSION
2 September 14, 2016
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Mike Whetzel, Chair Mark Hilliker
7 Christopher Watt
8 Laura Christensen
9 Linda Sanders
10
11 STAFF PRESENT OTHERS PRESENT
12 Kevin Thompson, Interim Planning Director Listed below, Respectively
13 Darcy Vaughn, City Attorney's Office
14 Chis Dewey, Director of Public Safety
15 Cathy Elawadly, Recording Secretary
16
17 1. CALL TO ORDER
18 The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at
19 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California.
20
21 2. ROLL CALL
22
23 3. PLEDGE OF ALLEGIANCE - Everyone cited.
24
25 4. APPROVAL OF MINUTES — The minutes from the August 10, 2016 meeting are included for
26 review and approval.
27
28 M/S Watt/Christensen to approve August 10, 2016 minutes, as submitted. Motion carried (5-0).
29
30 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
31
32 6. APPEAL PROCESS
33 Chair Whetzel read the appeal process. For matters heard at this meeting the final date to appeal is
34 September 26, 2016 at 5:00 p.m.
35
36 7. SITE VISIT VERIFICATION
37
38 8. VERIFICATION OF NOTICE—Confirmed by Staff.
39
40 9. PUBLIC HEARING
41 9A. Proposed Medical Marijuana Ordinance.
42 Staff recommends the Planning Commission review, conduct a public hearing and provide a
43 recommendation of approval of the Marijuana Dispensary Ordinance to the City Council. The Ordinance
44 would create a new section (§5700) to the Municipal Code establishing a Use Permit process and
45 associated development and operational standards for the establishment of Medical Marijuana
46 Dispensaries.
47
48 Interim Planning Director Thompson:
49 • Gave a staff report as provided for on pages 1-4 of the staff report and PowerPoint presentation
50 as provided for in attachment 1 of the minutes.
51 • The State Governor signed into law AB 266, AB 243, and SB 643, which together comprise the
52 Medical Marijuana Regulation & Safety Act (MMRSA). MMRSA went into effect on January 1,
53 2016 thus creating a statewide regulatory structure for the medical marijuana industry that also
54 allows local governments to regulate the operation of marijuana businesses within their
MINUTES OF THE PLANNING COMMISSION September 14, 2016
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1 jurisdiction, pursuant to local ordinances. MMRSA allows the City of Ukiah to issue permits or
2 licenses to operate marijuana businesses or prohibit their operation to regulate or prohibit the
3 delivery of inedical marijuana within its boundaries and to regulate or prohibit the cultivation of
4 marijuana within its boundaries. Pursuant to MMRSA, if the City opts not to expressly prohibit or
5 regulate the cultivation, processing, delivery and/or dispensing of inedical marijuana, the State
6 will be the sole licensing authority for these activities in the City.
7 • Attachment 2 of the minutes pertains to a voicemail received by staff from Leslie Kirpatick in
8 opposition to the Medical Marijuana Dispensary Ordinance.
9 • Staff requests the Planning Commission review and make comments regarding the Initial Study
10 and proposed Negative Declaration and proposed Marijuana Dispensary Ordinance with a
11 recommendation of approval to City Council.
12
13 Commissioner Sanders:
14 • Would first like to hear from the public.
15
16 Chair Whetzel:
17 • Related to the matter of `distances,' what is the distance requirement for liquor stores in the City
18 limits relative to youth-oriented facilities such as schools, parks, churches, etc.?
19
20 Interim Planning Director Thompson:
21 • Has no knowledge about the distance requirement for liquor stores as it pertains to youth-oriented
22 facilities and is likely something regulated by Alcohol Beverage Control (ABC). Will research the
23 criteria and inform the Commission.
24
25 PUBLIC HEARING OPENED: 6:15 p.m.
26
27 Patrick Kerr:
28 • Is a disabled Vietnam war veteran.
29 • Has had a medical marijuana prescription card for the past 10 years.
30 • Is of the opinion the proposed Marijuana Dispensary Ordinance presents numerous obstacles
31 and hoops for potential dispensary business applicants to go through.
32 • It would be shameful for the City to drive away/discourage revenue producing companies from
33 operating.
34 • As it relates to the Medical Marijuana Regulation & Safety Act (MMRSA) and corresponding
35 AB 266, AB 243, and SB 643) that creates a statewide regulatory structure for the medical
36 marijuana industry and allows local governments to regulate the operation of marijuana
37 businesses within their jurisdiction supports the City take all steps necessary to do what is right
38 when it comes to this issue and not drive away medical marijuana dispensary businesses
39 because this would be senseless.
40
41 Susan Boling:
42 • Is the past executive director of the Ukiah Boys and Girls Club.
43 • Has concern about the Marijuana Dispensary Ordinance distance requirement that such a
44 dispensary cannot be located within 250 feet of youth-oriented facilities, such as a school.
45 • Researched other Marijuana Dispensary Ordinances in other states that include Colorado,
46 Arizona, Oregon and Washington, and found that the dispensary distance to be 1,000 or 1,500
47 linear feet pertinent to childcare centers, schools, libraries, public parks, transit hubs,
48 playgrounds, churches, arcades, and youth recreation events.
49 • Is of the opinion allowing for a medical marijuana dispensary 250 linear feet away from youth-
50 oriented facilities is not enough for a small community and should likely be 500 linear feet.
51 • Has no problem with allowing for medical marijuana and corresponding dispensaries, but we
52 should be extremely careful about where they are located.
53 • Arizona is looking at dispensaries that are close to community services that deal with children's
54 issue such as child support services and other like services and monitored by the `Feds' to make
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1 certain dispensaries do not violate the 1,000 linear foot distance requirement as it pertains to
2 areas where children congregate or are educated.
3 • In addition to looking at places where children congregate and/or are educated as it relates to
4 where medical marijuana dispensaries should be allowed important to look at other places where
5 children congregate. Is of the opinion children should not be close where a dispensary operates.
6 Again, she has no problem with medical marijuana dispensaries operating provided they are not
7 located in areas where children congregate or likely to congregate. While adult eyes are fine
8 Children's eyes should not be on the dispensaries.
9
10 Commissioner Christensen:
11 • Related to the four states researched asked if the dispensaries looked at pertain to medical or
12 recreational marijuana? Is there a difference between medical and recreational dispensaries?
13
14 Susan Boling:
15 • Did not do comprehensive research. Some of the facilities researched were medical facilities. Did
16 catch early on that any dispensary within 1,000 linear feet from a school was essentially `red
17 flagged' by the `Feds.'
18
19 Rick Erikson:
20 • Is the owner of Reflections of Avolon, a medical marijuana dispensary located on Talmage Road.
21 • Thanked the City of Ukiah for being `forward thinking' and planning for the future with regard to
22 the operation of inedical marijuana dispensaries. Finds that so many cities are not doing this.
23 • The State is on the eve of legalizing marijuana for recreational use and is pleased the City is
24 starting to prepare.
25 • Is of the opinion having been a dispensary owner for 10 years in this area, has seen a lot of
26 changes within the laws and there are a lot of changes about to happen. The 1,000 linear foot
27 distance requirement from youth-oriented facilities defined as public parks, schools, churches, or
28 licensed daycare, etc., is pretty much the standard that will likely change should California
29 legalize recreational marijuana.
30 • The new State regulation coming up is very defined where all businesses operating in this regard
31 must be licensed by the State of California.
32
33 Chair Whetzel:
34 • Asked why the use of recreational marijuana is being discussed when the topic of tonighYs
35 discussion is medical marijuana.
36
37 Rick Erikson:
38 • With the use of recreational marijuana potentially becoming legal with Proposition 64, California
39 cities will be dealing with both the use of recreational and medicinal marijuana.
40
41 Ben Butler:
42 • Supports the proposed Medical Marijuana Dispensary Ordinance is closely monitored and
43 regulated. Is of the opinion Reflections of Avolon and Compassionate Heart are not well-
44 managed medical marijuana dispensaries. The marijuana sold at these dispensaries is not
45 `medical grade.'
46 • The City needs a professional `real' dispensary that dispenses medicine that is lab tested and
47 safe for use. People have to go to Hopland or out of the area to get marijuana that is lab tested
48 and safe for use and without pesticides and without `questionable persons' managing the
49 dispensary.
50 • Marijuana serves a valuable purpose for those persons that need to use it for medicinal reasons.
51 • Is of the opinion people should not be cultivating marijuana in the City or in areas where children
52 congregate. Marijuana dispensaries should be in areas out-of-site for children. Marijuana use
53 should not have to be under any more scrutiny than alcohol or tobacco.
54 • Supports that Ukiah have an actual medical marijuana dispensary that is a `real dispensary' that
55 sells a product safe for use.
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1 Steely Anohe:
2 • Managed and was involved with a medical marijuana dispensary in Berkeley California for
3 thirteen years. Berkeley is one of the most heavily regulated cities in the State for medical
4 marijuana. The dispensary he was involved with was considered highly reputable.
5 • Is of the opinion, the more involved the dispensary is with the city from police department
6 cooperation to the community having strict regulations the better it is for everyone including the
7 patients, vendors, and the city, itself. Finds it important dispensaries establish a symbiotic/good
8 working relationship with cities and community members.
9 • Medical marijuana dispensaries have been operating in California since the first law was enacted
10 in this regard in 1996.
11 • The medical marijuana dispensary he managed in Berkeley actually made the neighborhood
12 better.
13 • While location of dispensaries within so many feet of youth-oriented facilities is important but with
14 the right planning, zoning, and signage this can be a doable process.
15 • Well-operated medical marijuana dispensaries have integrated/implemented security
16 precautionary measures in place where children cannot be affected. Dispensaries need to be
17 regulated.
18
19 Patrick Kerr:
20 • Has used marijuana for many years for medicinal purposes and agrees common sense should be
21 applied when comes to children being exposed to marijuana. Is of the opinion pharmaceutical
22 drugs and alcohol are more harmful to children than marijuana.
23 • While dispensaries need to be regulated beware of not making the laws governing marijuana
24 dispensaries too stringent.
25
26 PUBLIC HEARING CLOSED: 6:30 p.m.
27
28 Commissioner Sanders:
29 • When the proposed Medical Marijuana Dispensary Ordinance was crafted was there any
30 references to other ordinances from other municipalities that were used as a template for Ukiah's
31 dispensary ordinance?
32 • Related to the issue of distance from youth-oriented facilities, churches, public parks, schools,
33 where 250 feet is cited in the proposed Ukiah Medical Marijuana Dispensary Ordinance and
34 inquired what the range of distances are in the other ordinances referenced above? It appears
35 the State requires a distance of 1,000 feet from youth-oriented facilities, churches, parks,
36 schools, etc. Would like to know where the inconsistencies are with regard to dispensary
37 distance from youth-oriented facilities, schools, etc.
38
39 Darcey Vaughn, City Attorney's Office:
40 • The Medical Marijuana Dispensary Ordinance Ad Hoc committee did review the Medical
41 Marijuana Dispensary Ordinance from the City of Sebastopol and has been in touch with law
42 enforcement in the Sebastopol area. Law enforcement in Sebastopol has been very satisfied
43 with the outcome of their dispensary ordinance.
44 • The Ad Hoc committee for the Ukiah Medical Marijuana Dispensary Ordinance started with the
45 Sebastopol ordinance as a base template where it was determined that some areas of the
46 Sebastopol ordinance were silent as to certain issues applicable to Ukiah such that existing
47 ordinances in other areas were looked at such as San Francisco, Oakland, Santa Cruz, including
48 some county ordinances such as Humboldt, etc. The objective was not to cut and paste certain
49 sections from the different ordinances looked at because the circumstances were different and
50 would not suit a much smaller town. The Ad Hoc committee pulled information from several
51 different sources.
52 • Many of the ordinances reviewed were silent on the issue of distance. Sebastopol's ordinance
53 requires a 500-foot distance from youth-oriented facilities, parks, churches, etc.
54 • Understands State law (AB 2615 that went into effect January 1, 2011) requires a distance of
55 600 feet from youth-oriented facilities, etc. Will check to see if this figure is still current.
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1 • Understands the State desires to give local governments more control over the land use aspects
2 of marijuana regulation. Wants to make certain the distance does not preempt any local distance
3 requirements.
4 • The Sebastopol ordinance conflicts with the State statute of requiring a 600-foot distance and
5 she needs to verify if this is indeed a conflict or permissible.
6
7 Commissioner Sanders:
8 • Important to have clarification regarding the distance before any recommendation can be made
9 on the Ukiah ordinance tonight.
10 • Understands some of the rationale in favor of adopting the Ordinance is to improve revenue and
11 be able to better regulate medical marijuana dispensaries and allow more of them.
12 • There are people in the community who do not want to see a lot of dispensaries.
13 • Is of the opinion the 250-foot distance from youth-oriented facilities is very generous.
14 • It is her understanding medical marijuana dispensaries are prohibited in the DZC. Would the
15 proposed Medical Marijuana Dispensary Ordinance override this current code? This issue was
16 not clear in the staff report. This is another issue that needs to be properly addressed.
17
18 Darcey Vaughn:
19 • Ad Hoc committee members Brown and Mulheren were of the opinion a 500-foot distance would
20 effectively prohibit dispensaries in any of the areas in Ukiah.
21
22 Interim Planning Director Thompson:
23 • The proposed Ordinance would override the DZC with regard to allowing medical marijuana
24 dispensaries in the GU, UC, and DC zoning districts.
25
26 Commissioner Sanders:
27 • Discretionary review of the DZC went through a lengthy public process. If we are looking at
28 income generating for the City versus what the community wanted for the Downtown area this
29 requires more comment for the Planning Commission to consider.
30
31 Commissioner Watt:
32 • Does the Ad Hoc committee for the Ordinance have any information on the amount of sales tax
33 revenue that could be generated from dispensaries?
34 • How were the zoning districts selected that would allow for medical marijuana dispensaries?
35 What criteria was used in the selection of these zoning districts?
36 • The DZC prohibits medical marijuana dispensaries outright. Are there other zoning code districts
37 that are being considered and is there language in those codes that would affect allowing or not
38 allowing of a dispensary.
39
40 Darcey Vaughn:
41 • As an Ad Hoc committee member does not recall a discussion about the amount of sales tax
42 revenue that could be generated from dispensary business. There was the general hope that
43 there would be sales tax revenue for the City to collect.
44 • Planning Commission Director Stump served on the Ad Hoc committee and he made
45 recommendations regarding the zoning districts appropriate for a dispensary by using a zoning
46 map that showed all the permissible zoning areas in which a dispensary could be located. There
47 was discussion about how inclusive dispensaries should be without still excluding residential
48 areas.
49 • Is not specifically cognizant of any language in other zoning code districts that would affect
50 allowing or not allowing of a medical marijuana dispensary.
51
52 Interim Planning Director Thompson:
53 • Medical marijuana dispensaries are currently prohibited in all zoning districts.
54
55 Commissioner Watt:
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1 • Asked if language in the DZC is explicit about prohibiting dispensaries in this zoning district or is it
2 the City code that prohibits dispensaries across the board in all zoning districts?
3 • Related to jurisdictional boundaries, asked if the 931 County Ordinance has jurisdiction in the
4 City? This is the urgency ordinance the County has regarding cultivation that was adopted in May
5 2016.
6
7 Interim Planning Director Thompson:
8 • The DZC is a newer code and explicitly prohibits dispensaries in this zoning district. The other
9 zoning code districts do not specifically exclude dispensaries.
10 • Is not familiar with the County's marijuana cultivation ordinance regulations. The one referral he
11 saw from the County had to do with cultivation in an agricultural environment.
12
13 Darcey Vaughn:
14 • Has knowledge the 931 County Ordinance has been challenged by a group regarding CEQA.
15
16 Commissioner Watt:
17 • Confirmed the 931 County Ordinance was challenged but is still in effect. Do County regulations
18 regarding marijuana cultivation have jurisdiction and/or impact in the City?
19 • Does the City have a cultivation ordinance?
20 • Related to the comparison about how the County views a dispensary as a retail establishment
21 asked if a dispensary business is the same and/or similar to how a retail establishments operates
22 or is it viewed differently. If so, understands no use permit process is required for doing `retail.'
23 The County is principally permitted for retail in all commercial zoning districts.
24
25 Interim Planning Director Thompson:
26 • County marijuana cultivation regulations would not have an effect on the City. Is only familiar with
27 what the County is trying to accomplish in their marijuana cultivation regulations for the
28 unincorporated areas of the County.
29 • Marijuana cultivation within the City limits is restricted to indoor cultivation and can be an
30 accessory structure, such as a greenhouse.
31 • Confirmed a marijuana dispensary would be considered a retail establishment.
32 • Retail as it relates to marijuana sales, the County refers to this retail type as an `Herbal Shop.' Is
33 of the opinion the concept/definition of `retail' is not directly correlated with marijuana sales in
34 dispensaries, but by categorizing marijuana sales as an `Herbal Shop' is best how this type of
35 retail sales can be defined. Understands the County does require approval of a use permit in
36 some areas.
37
38 Darcey Vaughn:
39 • Confirmed the City has a marijuana cultivation ordinance that prohibits all outdoor growing and
40 allows for indoors growing of marijuana with restrictions and limitations.
41
42 PUBLIC HEARING REOPENED: 6:41 p.m.
43
44 Commissioner Watt:
45 • Asked about the process Mr. Erikson went through to open Reflections of Avolon. Did you have to
46 go through a public hearing?
47
48 Rick Erikson:
49 • The business functions differently than it did 10 years ago, but basically things you have to do are
50 the same, such as having a business license through the County, State Board of Equalization
51 permits, and pay sales tax. Beyond the aforementioned requirements `there is no other regulation
52 per se.' He has to work within the parameters of Proposition 215, 420, all of which regulate
53 collectives or cooperatives. According to Governor Brown, there really is no dispensaries and so
54 dispensaries are called collectives or cooperatives. These propositions talk about dispensaries
55 operating for`reasonable profit or non-profit.'
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1 • Confirmed did not have to go through a public hearing to open his business.
2
3 Patrick Kerr:
4 • Asked if the proposed ordinance requires a public hearing for an applicant to open a dispensary?
5
6 Chair Whetzel:
7 • The Ordinance requires approval of a use permit and a renewal process. A dispensary use permit
8 must be approved by the Zoning Administrator with noticing and a public hearing. The Planning
9 Director must review the use permit annually for renewal.
10
11 Steely Anohe:
12 • Is well versed with California law as it pertains to medical marijuana dispensaries.
13 • Related to the issue of distance for operation of dispensaries, noted there is a difference between
14 youth-oriented facilities and schools. The State considers schools as K-12 and does not include
15 daycares in youth-oriented facilities.
16 • Has experience working and helping dispensaries work with cities to open.
17 • A 250-foot distance is generally what is applied to youth-oriented facilities. He assisted owners
18 and operators of dispensaries to open in Sebastopol. Once the new State regulations are in
19 effect, 600 feet will be the required distance from schools. Again, there is a difference between
20 youth-oriented facilities and schools where consideration would be given in this regard by the
21 persons drafting the ordinance.
22 • Has worked with many dispensary operators in Arizona and Colorado. Would encourage persons
23 drafting the ordinance to do more research and actually see what exists because there are a lot
24 of inedical dispensaries that are much closer to youth-oriented facilities than the 1,000-foot
25 distance to youth-oriented facilities that someone mentioned earlier.
26
27 Ben Butler:
28 • Related to questions directed toward tax revenue generated from dispensaries explained the tax
29 process paid to cities from vendors selling their product to dispensaries.
30
31 PUBLIC HEARING CLOSED: 6:47 p.m.
32
33 Commissioner Watt:
34 • What was the thought behind establishing the Zoning Administrator approval process for medical
35 marijuana dispensaries in the City compared to some of the other approval options available?
36 • Would a use permit be required if a non-dispensary retail establishment wanted to operate in one
37 of the zoning districts?
38 • How would the State regulations flow down to a dispensary that was permitted through the
39 Medical Marijuana Dispensary Ordinance process?
40 • Notwithstanding the land use side of things, how is the actual regulation of the business
41 operations addressed.
42 • If there is a particular aspect that is regulated by the City and also by the State which jurisdiction
43 would govern?
44 • What is the distance setback from the youth-oriented facilities concerning the State standard as
45 provided for in the Medical Marijuana Regulation and Safety Act (MMRSA) relative to medical
46 marijuana dispensaries.
47 • What did the Ad Hoc committee say about the rule of on-site cultivation of marijuana?
48 • There was a statement in the presentation about the City Council's marijuana policy goals and
49 does the Ad Hoc committee have more information about this.
50
51 Interim Planning Director Thompson:
52 • Understands the intent was to take the political component out of the process of approving
53 medical marijuana dispensaries where the thought of approving the process through the Zoning
54 Administrator would eliminate some of that. Understands there are other city jurisdictions where
55 the Zoning Administrator approves use permits for dispensaries. Once an applicant completes the
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1 prescriptive operating standards required and corresponding application the use permit for a
2 dispensary would likely be approved.
3 • Whether or not a use permit would be required for a retail establishment would depend on the
4 location, the particular zoning designation, and the type of retail use. Generally speaking, a use
5 permit is not required for a retail use in the Downtown area.
6
7 Darcey Vaughn:
8 • The process of the Zoning Administrator approving use permits for medical marijuana dispensary
9 projects was the Planning Director and City Manager's idea.
10 • The State rules under `MMRSA' that went into effect January 1, 2016 like what came before in
11 other Assembly/Senate Bills are pretty silent about how localities should be permitting and
12 licensing in connection with land use and zoning determinations.
13 • Related to the actual regulation of the dispensary from the business operations side, what the
14 MMRSA proposes to do even though it is still at the implementation stage is require licenses for
15 the different medical cannabis activities. It also sets up a number of agencies that are responsible
16 for over-site of testing marijuana products and creating and propagating regulations for agencies
17 so aside from requiring licenses there are not a lot of onerous restrictions at the State level
18 concerning the business operation side for dispensaries.
19 • The City's version of the ordinance must meet the minimum State standard. The Business and
20 Professions code says any standards, requirements, regulations regarding health and safety
21 testing, security etc., established by the State are the minimum standards such that local
22 government entities can enact regulations that are more stringent.
23 • The State version of the distance setback only applies to schools and the standard distance for
24 this is 600 feet. Is not sure in this instance because State law does seem to treat land use
25 decisions a little differently than it would health and safety, testing, and security regulations. In
26 response to the question concerning distance would likely need to do more research in this
27 regard to figure out whether the State's setback in the aforementioned situation would preempt
28 the City's distance standard of 250 feet. Has noticed other local ordinances that do restrict
29 distance from a youth-oriented facility or school usually have less than 600 feet.
30 • The Ad Hoc committee is of the opinion, specifically Councilmembers Mulheren and Brown, the
31 restrictions in the Sebastopol medical marijuana dispensary ordinance were too stringent.
32 • Related to City Council policy goals, it is the opinion of City Council and the Ad Hoc committee
33 with the potential onset of legalizing recreational marijuana that a regulatory structure by way of a
34 medical marijuana dispensary ordinance should be in place other than just banning marijuana
35 businesses outright but at the same being realistic about what law enforcement and health and
36 safety impacts might be by allowing marijuana businesses in the City limits.
37 • The Ad Hoc committee was very interested in the sales tax implication. Councilmembers
38 Mulheren and Brown believe the City could benefit from tax revenue derived from the operation of
39 dispensaries within the City limits, rather than losing that tax revenue to dispensaries located
40 immediately outside the City limits under County jurisdiction.
41
42 Commissioner Watt:
43 • What role do you see the Police Department having in enforcing the rules that are laid out in the
44 Ordinance such the amount of cultivation area, hours of operation and/or all other aspects
45 associated with marijuana and marijuana businesses?
46 • Related to the matter of marijuana deliveries into the City, if there is no ordinance prohibiting this
47 would it be allowed or is there no way to regulate it?
48 • What was the concern about if there were dispensaries delivering from outside the City into the
49 City?
50 • With the prescriptive rules regulating dispensaries what would be the concern about crime and/or
51 robberies? It appears there are a lot more restrictions placed on dispensaries as opposed to
52 liquor stores, for instance, and questions why is there a concern about crime associated with
53 dispensaries. Is concerned about the potential of crime associated with dispensary businesses
54 and questions why there would be any crime associated with this business use if there are
55 stringent rules regulating them being put in place that would prevent crime from happening or do
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1 we still have law enforcement concern even with the prescriptive rules for dispensary businesses
2 above and beyond other business types?
3
4 Chair Whetzel:
5 • What is the distance setback from youth-oriented facilities for a liquor store?
6
7 Commissioner Sanders:
8 • Remembers seeing marijuana dispensaries in town.
9 • Requested clarification if she see saw an advertisement for marijuana, it was not a dispensary but
10 rather a doctor's office that provided a prescription for medical marijuana and/or issued cards for
11 patients to obtain marijuana for medicinal purposes.
12 • Related to the maps showing distance setback of 500 feet and 250 feet from youth-oriented
13 facilities concerning potential locations for dispensaries what would be the concern about the
14 500-feet potential in terms of crime and other factors like schools, etc.?
15
16 Commissioner Christensen:
17 • Related to the other end of the delivery asked how dispensaries get the product and how is this
18 regulated and how does this affect the Police department?
19 • We have been discussing medical marijuana as a medicine and associates this from a
20 pharmaceutical perspective. There is a big problem currently with pain medicine addiction where
21 people are used to getting a certain dosage and the federal government is tightening up
22 restrictions on these classes of drugs creating sort of a desperation. As such, asked if there is
23 any parallel association with pharmacies needing extra security for police protection.
24
25 Director of Public Safety Dewey:
26 • Cultivation area, hours of operation and the like pertain to planning and are code enforcement
27 issues. If there are violations to the dispensary regulations, those would come up at the annual
28 review of the use permit. The role of the police department is to protect the City and its citizens
29 from criminal activity that could occur at dispensaries.
30 • Clarified, the County ordinance regarding cultivation does not apply in the City limits. The current
31 City ordinance does not allow for medical marijuana dispensaries within any portion of the City.
32 The DZC also prohibits dispensaries from operating in the Downtown. Related to the City
33 ordinance regulating cultivation in the City limits, cultivation is limited to six plants per person or
34 12 plants per parcel such that all growing must be indoors. Outdoor growing of marijuana is
35 prohibited in the City limits.
36 • The concerns of the Ad Hoc committee in bringing the Medical Marijuana Dispensary Ordinance
37 forward is related to last year's Medical Marijuana Regulations and Safety Guide referred to as
38 `MMRSA' and changed some of the laws of Proposition 215 that have been in effect for
39 approximately 10 to 15 years.
40 • Talked about the element of crime that occurred from illegal growing of marijuana in the City limits
41 prior to the ordinances that are now in place to regulate marijuana cultivation and prohibit medical
42 marijuana dispensaries.
43 • Section 11362.7 of the Health and Safety Code states medical marijuana dispensaries must
44 maintain a setback distance of 600 feet of a school. The Ad Hoc committee wanted to change this
45 rule based on a number of decisions about where they thought dispensaries might be precluded
46 or could not be located within the City limits. The Ad Hoc committee was concerned about the
47 areas in town that dispensaries could operate so the committee elected to change the distance
48 setback for youth-oriented facilities, such as schools.
49 • Related to the distance setback for liquor stores, does not know the answer offhand. This would
50 likely be a question for`ABC.'
51 • Acknowledged `MediCann' is a doctor's office and they provide prescriptions for the use of
52 marijuana but this facility has never been a licensed dispensary facility within the City limits.
53 •
54 • Is of the opinion the primary purpose of MediCann was to prescribe marijuana for medicinal
55 purposes.
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1 • The only way a local jurisdiction can regulate a delivery of inedical marijuana from dispensaries to
2 patients having licensed cards is to make certain the dispensary is licensed to operate within the
3 City limits such that deliveries can only be made by a licensed dispensary.
4 • Related to deliveries from outside of the City, without an ordinance the City has no control over
5 those type of deliveries. The concern is that the City would not be able to regulate whether the
6 person was convicted of a crime and/or if that person is actually making the delivery. The City
7 would not be able to regulate the exchange and how much might be exchanged as to what the
8 actual cash value is. The person delivering is at-risk because they are carrying a very valuable
9 product. Often times what occurs similarly to what is done on Craig's List and eBay, etc., where
10 people meet not to exchange money for an object but rather to commit a crime.
11 • A dispensary can have a collective number of growers that do the growing for the facility. One
12 public member talked about a marijuana dispensary that sells tested products and another
13 dispensary that does not sell tested products. While this is complicated it is part of the new
14 `MMRSA' regulations. What the Ad Hoc committee decided should the City have a dispensary in
15 the City limits would allow that a certain number of plants to be grown on the premises, i.e.,
16 indoors growing with a number of safety regulations.
17 • His job is to enforce the law and would rather not make public policy comments on the respective
18 maps concerning distance setback for potential locations of dispensaries. He did recommended
19 the Ad Hoc committee consider visible locations for dispensaries rather than hard to patrol
20 locations. Would not want to see a dispensary at the end of a `dead end' street that patrol officers
21 rarely go to. Preference would be to have dispensaries in locations where patrol cars can actively
22 get to or can be seen.
23 • Businesses typically have security measures/procedures in place because they have valuable
24 things and it is the job of the Police department to work with all businesses, including
25 dispensaries to protect their safety along with the public.
26 • The number of regulations that are within our City Medical Marijuana Dispensary Ordinance are
27 part of MMRSA regulations that were adopted last year and do address felony convictions and
28 security procedures and the like. As police chief, it is his responsibility to make certain any
29 business operates safely. Some businesses have the likelihood of having more crime committed
30 than others. We have not had dispensary businesses in the City before. Crime was associated
31 with marijuana before it was regulated in the City. In the 10 years the City has had an ordinance
32 prohibiting dispensaries in the City limits and an ordinance regulating the cultivation of marijuana
33 crime has diminished significantly. Dispensary businesses will be new for our community and as
34 such, important to make certain the necessary safe guards are in place.
35 • Pharmacies do have a number of extra security requirements that a typical business does not
36 have.
37
38 Darcey Vaughn:
39 • The City could prohibit deliveries within the City limits entirely.
40 • The ABC controls the number of liquor licenses that can be issued/allowed for local jurisdictions
41 and is authorized but not required to refuse the issuance of an on-sale retail license premises
42 within 600 feet of school and playgrounds.
43
44 PUBLIC HEARING REOPENED: 7:13
45
46 Ben Butler:
47 • There were two dispensaries operating in the City limits before the moratorium and cited the
48 locations. The reasons why these dispensaries were essentially shutdown is because people
49 were doing big grows in their backyard and getting robbed. Undesirable people were growing
50 marijuana and not for medicinal purposes. This type of activity should not take place in the City
51 limits. Marijuana cultivation needs to be controlled. The robberies that occurred were at private
52 grows and not at dispensaries. The `Feds' will not be doing raids despite what someone
53 mentioned earlier. Those businesses following the rules with regard to dispensaries in the Bay
54 Area are functioning fine and the cities financially benefit from the sales tax revenue generated.
MINUTES OF THE PLANNING COMMISSION September 14, 2016
Page 10
1 • It is important that the marijuana being sold for medicinal purposes be tested for safety with
2 regard to mold, pesticides, etc.
3
4 Patrick Kerr:
5 • One of the reasons why the police department has problems associated with marijuana activity is
6 because the Federal government does not allow any electronic financial transactions. All
7 transactions must be in cash. Colorado has problems with medical marijuana dispensaries as
8 well as with the recreational dispensaries. All transactions will be cash until the Federal
9 government takes marijuana off that `Class A' designation. Cash attracts criminals and this is a
10 problem for medical marijuana dispensaries.
11
12 Ben Butler:
13 • Explained what occurs in the State of Colorado with regard medical marijuana dispensaries and
14 military veterans. Also explained how purchase transactions are typically handled for legitimate
15 dispensaries. Local banks in the Bay Area actually send armor cars to dispensaries to handle
16 and/or pick up the cash. All transactions are legitimate and appropriately taxed. The dispensaries
17 are helping people.
18
19 Patrick Kerr:
20 • California is less than 60 days from an election where it is likely recreational marijuana will be
21 legalized for any adult over the age of 18 with regard to Proposition 64.
22 • It may be legalizing recreational marijuana will affect what the City is doing to establish a Medical
23 Marijuana Dispensaries Ordinance.
24
25 PUBLIC HEARING CLOSED: 7:20 p.m.
26
27 PUBLIC HEARING REOPENED: 7:35 p.m.
28
29 Steely Anohe:
30 • It has been his experience is that a State card works but any medical doctor that has a license in
31 the State of California can issue a recommendation. It is not a prescription but rather a
32 recommendation. As long as a person has a physical paper with the doctor's name, his/her
33 license, and a way to verify that recommendation along with a non-expired State identification this
34 generally is what is necessary to purchase marijuana for medicinal purposes. A State card works
35 too.
36 • What many people do not realize is these little clinics offer medical recommendations from a
37 physician and do offer cards, but sometime not all the necessary information is there so
38 generally, an actual paper with a seal or something that has the physician's license on it will
39 suffice and/or provide poof for a purchase.
40
41 PUBLIC HEARING CLOSED: 7:38 p.m.
42
43 The Planning Commission wanted to know if Proposition 64 passes, will the City still be able to collect
44 sales tax revenue.
45
46 The Planning Commission wanted to know about `revenue comparables' concerning sales tax revenue
47 generation for other cities.
48
49 The Planning Commission talked about the draft Medical Marijuana Dispensary Ordinance with the
50 following comments:
51
52 1. Section 5706 Imposition of Fees.
53 The Planning Commission had questions regarding what an appropriate fee for a Dispensary Use
54 Permit should be. The fee should cover all staff processing costs.
MINUTES OF THE PLANNING COMMISSION September 14, 2016
Page 11
1 The current deposit for a Major Use Permit is $2,000 plus an additional time and materials.
2 Dispensary Use Permits will be charged and processed in the same manner.
3
4 2. Section 5707 Limitation on Location of Dispensary (A)
5 The Planning Commission had questions regarding conflicts with the Downtown Zoning
6 Ordinance and the proposed Marijuana Dispensary Ordinance. Adoption of the proposed
7 ordinance will require an amendment to the Downtown Zoning Ordinance, which currently
8 prohibits dispensaries within any of the three downtown zoning designations (GU, UC, DC).
9
10 3. Section 5707 Limitation on Location of Dispensary (C)(1)
11 The Planning Commission suggested greater distances for dispensary locations from youth-
12 oriented facilities than the proposed 250 feet.
13 4. Section 5708 Operating Requirements (F)(1) Consumption Restrictions
14 The Planning Commission believes that this provision contradicts the prohibition on consumption
15 of inedical marijuana on the premises by patients.
16
17 5. Section 5708 Operating Requirements (G)(1) Retail Sales and Cultivation
18 The Planning Commission requested clarification on the amount of square footage allowed for
19 on-site cultivation and off-site cultivation provisions.
20
21 6. Section 5708 Operating Requirements (G)(2) Retail Sales and Cultivation
22 The Planning Commission requested clarification on provision in the Ordinance requiring
23 Planning Commission approval for additional retail square footage.
24
25 7. Section 5708 Operating Requirements (5) Retail Sales and Cultivation
26 The Planning Commission requested clarification on provision regarding the maximum amount a
27 dispensary can pay for medical marijuana.
28
29 8. Section 5708 Operating Requirements (J)(K) Patient and Employee Records
30 The Planning Commission had questions regarding how this provision will be enforced.
31
32 9. Section 5709 Application Preparation and Filing (12) Statement of Need
33 The Planning Commission asked how an applicant would demonstrate a statement of need for a
34 dispensary.
35
36 10. Section 5710 Criteria for Review Section Zoning Administrator
37 The Planning Commission indicated they wanted Dispensary Use Permits to be reviewed by the
38 Planning Commission with a public hearing.
39
40 11. Section 5713 Effect of Denial
41 The Planning Commission pointed out that this provision, if the reason for denial of the permit is
42 not due to a criminal background or fraud, could be excessively punitive.
43 It was noted there was an error on the 500-foot on the dispensaries location map. To correct the map, the
44 250-foot GIS layer needed to be turned on.
45
46 The Planning Commission asked that the Medical Marijuana Dispensary Ordinance Ad Hoc Committee
47 address the Commission's comments made above and make a response for further review of the draft
48 Ordinance by the Commission.
MINUTES OF THE PLANNING COMMISSION September 14, 2016
Page 12
1
2 Interim Planning Director Thompson:
3 • Staff will bring the draft Medical Marijuana Dispensary Ordinance back to the Commission for
4 further review based on the comments made above.
5
6 10. PLANNING DIRECTOR'S REPORT
7 Interim Planning Director Thompson:
8 • Gave an update on the Costco project.
9
10 11. PLANNING COMMISSIONERS' REPORT
11 Commissioner Sanders:
12 • The annual Russian River clean up, including Orr Creek is Saturday, September 17, 2016
13 beginning at 8:30 p.m. for registration.
14 • The Planning Commission's training seminar at Sonoma State is coming up and will forward the
15 email regarding this training to staff to send to the Commissioners.
16
17 Interim Planning Director Thompson:
18 • City budget has allowed for$500 per each Commissioner for training seminar purposes.
19
20 12. ADJOURNMENT
21 There being no further business, the meeting adjourned at 8:20 p.m.
22
23
24 Cathy Elawadly, Recording Secretary
25
26
MINUTES OF THE PLANNING COMMISSION September 14, 2016
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` A�achm�nt # �,
Kevin Thompson
From: Michelle Johnson
Sent: Wednesday, September 14, 2016 1:56 PM
To: Kevin Thompson
Subject: Opposed to the Marijuana Dispensaries
Importance: High
Hi Kevin,
I tried to forward the following message but your voicemail is full. Leslie Kirkpatrick left a voicemail for me stating she is
unable to attend tonight's meeting regarding the Marijuana Dispensary Ordinance and would like to voice her concern
as a citizen regarding the ordinance. She is opposed to the Ordinance for�the following reasons:
• Dispensaries bring an increased level of crime
• Bad Influence
Leslie Kirkpatrick would like the commission to hear about her concerns and can be reached at 707-972-7590 if you have
any questions.
-Michelle
1