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HomeMy WebLinkAboutpcm_09272017 - Final CITY OF UKIAH PLANNING COMMISSION MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 27, 2017 6:00 p.m. COMMISSIONERS PRESENT COMMISSIONERS ABSENT Mike Whetzel, Chair Christopher Watt Laura Christensen Mark Hilliker Linda Sanders STAFF PRESENT OTHERS PRESENT Craig Schlatter, Community Development Listed below, Respectively Director Kevin Thompson, Planning Manager Darcy Vaughn, Assistant City Attorney Cathy Elawadly, Recording Secretary 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Whetzel at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. CHAIR WHETZEL PRESIDING. 2. ROLL CALL Roll call was taken with attendance as listed above. 3. PLEDGE OF ALLEGIANCE Everyone recited. 4. APPROVAL OF MINUTES Motion/Second Christensen/Hilliker to approve the Minutes of September 13, 2017 as submitted. Motion carried by the following roll call vote: AYES: Watt, Christensen, Hilliker, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: Sanders. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 6. APPEAL PROCESS Note: For matters heard at this meeting the final date to appeal is September 25, 2017, at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING Page 1 of 7 Minutes of the Planning Commission, September 27, 2017, Continued: a. Request for approval of a Dispensary Use Permit to operate a medical marijuana dispensary in an existing storefront at 1230 Airport Park Boulevard, Suite C. Presenters: Craig Schlatter, Community Development Director and Kevin Thompson, Planning Manager. Note: • Two public comments were received by staff after the Planning Commission packet was complete and are incorporated into the minutes as Attachment 1 and Attachment 2. • Page 4, lines 10-12, of the staff report, sentence revised to state: �14V��� was submitted to the Community Development and Planning Department on June ❑❑�C❑❑�Cl�/�ID�-P�S�I�fbI�XJ XV1�7❑�❑�❑� • Condition of Approval #20 revised 1�t�6D�fbl�l�-I DLC�C� any required licenses and any other regulatory licenses required to operate exactly as described by the applicant as submitted with the Dispensary Use Permit application. Copies of any licenses obtained by supplied to the City for inclusion in �PAJ-I�CVI-ICSI-�L1�L�1�L1,PQ�1�L1�ID Power Point presentation given by Kevin Thompson, Planning Manager. 3 DP H�❑CSWkI❑�❑VIIRIbH❑m❑G❑❑SS�DCV�/Cb HSUi1MCND1�NHq�resented the proposed project and addressed Planning Commission questions. Pamela Epstein confirmed the hours of operation are 9:00 a.m. to 7:00 p.m. PUBLIC HEARING OPENED: 6:24 P.M. Public Comment: City Councilmember Maureen Mulheren, Robert Werra, M.D., Daniel De Latona, Amanda Reiman, PhD, Sharron Brady. Darcy Vaughn,Assistant City Attorney, and 3 DP I-I�SVNdI❑�VII�I�HC[D❑G�SS�D❑V94/❑ Representative addressed questions by the Planning Commission. PUBLIC HEARING CLOSED: 7:33 p.m. Motion/Second Sanders/Christensen to approve Ukiah Valley Holistics Dispensary Use Permit File No. 2841-UP-PC with Findings in attachment 1. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, Sanders, Watt, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. Motion/Second Sanders/Hilliker to approve Ukiah Valley Holistics Dispensary Use Permit File No. 2841-UP-PC with the Conditions of Approval in attachment 2 and with revision to Condition of Approval #20. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, Sanders, Watt, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. ATTACHMENT 1 FINDINGS DRAFT USE PERMIT FINDINGS TO ALLOW Page 2 of 7 Minutes of the Planning Commission, September 27, 2017, Continued: OPERATION OF A MEDICAL CANNABIS DISPENSARY AT 1230 AIRPORT PARK BOULEVARD SUITE C, APN 180-080-77 FILE NO: 2841 The following findings are supported by and based on information contained in this staff report, the application materials and documentation, and the public record. 1. The proposed project, as conditioned, is consistent with the goals and policies of the General Plan as described in the staff report. 2. The proposed project, as conditioned, is consistent with the Medical Marijuana Dispensaries Ordinance (1176) as described in the staff report. 3. The proposed project, as conditioned, is consistent with the Airport Compatibility requirements for the B2 zone based on the following: 1. The project site currently contains a commercial structure that has been in operation for many years as retail. Low intensity retail and offices are acceptable uses in the B1 zone. 2. Per the B1 Policy 2.1.6 of the county-wide ALUC Compatibility Plan, the subject proposal qualifies as infill because: a. substantial development already exists, b. the project site is bounded by uses similar to those proposed, c. the project will not extend the perimeter of the area developed with incompatible uses, and d. the proposed project does not otherwise increase the intensity or incompatibility of use. 4. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 Class 3, Conversion of Small Structures, and Section 15301 Class 1, Existing Facilities based on the following: • The site is developed with an existing building and parking lot, and utilities and services are already available at the site. Furthermore, no expansion of the existing building footprint is proposed as part of the project. • The proposed project does not involve hazardous materials; • The location is not environmentally sensitive and does not include any drainage courses or bodies of water (such as creeks or streams); 5. Notice of the proposed project was provided in the following manner as required by the Zoning Ordinance: A. posted in three places on the project site on September 14, 2017; B. mailed to property owners within 300 feet the project site on September 14, 2017; and C. published in the Ukiah Daily Journal on September 17, 2017 ATTACHMENT 2 Page 3 of 7 Minutes of the Planning Commission, September 27, 2017, Continued: �DRAFT CONDITIONS OF APPROVAL ❑DISPENSARY USE PERMIT DRAFT DISPENSARY USE PERMIT CONDITIONS OF APPROVAL TO ALLOW OPERATION OF A MEDICAL CANNABIS DISPENSARY AT 1230 AIRPORT PARK BOULEVARD APN 180-080-77 FILE NO: 2841 1. Approval is granted to allow the operation of a dispensary as described in the Security Plan, Business Operation Plan, Inventory Control Plan and Patient Recordkeeping Plan submitted to the Planning and Community Development Department and date stamped June 19, 2017 and September 19, 2017. As determined by the Community Development and Planning Director and Chief of Police, any modifications to the plans listed above may require an amendment to this Dispensary Use Permit. 2. All operations of the dispensary shall be in conformance with City of Ukiah Medical Marijuana Dispensaries Ordinance (1176) adopted February 15, 2017. 3. Operation of the Ukiah Valley Holistics is allowed subject to the following: A. Hours of operation 9:00 a.m. to 7:00 p.m. seven days a week. B. 3 I�I-F�C❑C❑CRI�I�LL6�1[�NDK�CD HC3FD� Dl1�GD� LVS� I�HC this Dispensary Use Permit is valid for one-year. Dispensaries Use Permits may be renewed by the Zoning Administrator following the procedure described in Section C❑C❑CRI�PAJ-I�W�I�NDK�[D HC3FD� Dl1�C� LVSHQ/D11�M2 l�H� From the Fire Marshal 4. All exit doors shall be equipped with lighted exit signage and emergency lighting with a battery backup. 5. 0 DLQ�iQ�A�RU�XV1�2 LQJ�C�I[�UU lU-�N[�ADY�K�R)CU�7 6. There may be other minor Fire Code additions when plans are submitted, ie. Address location, and the need for additional fire extinguishers. From the Buildinq Official 7. A building permit is required for any interior or exterior modifications to the building deemed necessary for operation of the facility. From Police Department 8. In the event of a change in ownership or management of the business, the City shall be notified of the change in ownership/management. The new ownership/management shall meet with the Planning Department and Police Department to review the conditions of this Dispensary Use Permit. The new ownership shall indicate in writing of any modifications to the uses allowed by this Dispensary Use Permit and shall identify the proposed modifications. Any proposed modifications shall be reviewed by the Planning Department and Police Department. The Planning Director shall determine if the proposed modifications are consistent with the Dispensary Use Permit or require approval by the Planning Commission. Page 4 of 7 Minutes of the Planning Commission, September 27, 2017, Continued: 9. No minors are allowed on the premises. 10. The facility will be open to inspection at all times while the business is open and the Ukiah Police Department will not be denied access. 11. Per Section 5708 H 9 UCC of the Medical Marijuana Dispensaries Ordinance. Upon final approval of the project a prior to start of operations the police department shall be provided with the names, e-mail addresses, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice it there are operating problems associated with the dispensary. Public Works Conditions 12. All applicable Ukiah Valley Sanitation District sewer connection fees shall be paid at the time of building permit issuance. Standard Citv Conditions of Approval 13. Business operations shall not commence until all permits required for the approved use, including but not limited to business license, tenant improvement building permit, have been applied for and issued/finaled. 14. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable to this application and these conditions of approval have been paid in full. 15. The property owner shall obtain and maintain any permit or approval required by law, regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the Building Permit is approved and issued. 16. A copy of all conditions of this Dispensary Use Permit shall be provided to and be binding upon any future purchaser, tenant, or other party of interest. 17. All conditions of approval that do not contain specific completion periods shall be completed prior to building permit final. 18. This Dispensary Use Permit may be revoked through the Cit C�l&�FMN�LL�PAJ-i❑ approved project related to this Permit is not being conducted in compliance with these stipulations and conditions of approval; or if the project is not established within two years of the effective date of this approval; or if the established use for which the permit was granted has ceased or has been suspended for 24 consecutive months. 19. This approval is contingent upon agreement of the applicant and property owner and their agents, successors and heirs to defend, indemnify, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul the approval of this application. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the City's action on this application, whether or not there is concurrent passive or active negligence on the part of the City. If, for any reason any portion of this indemnification agreement is held to be Page 5 of 7 Minutes of the Planning Commission, September 27, 2017, Continued: void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect. 20. That the applicant obtain and maintain any required licenses and any other regulatory licenses required to operate exactly as described by the applicant as submitted with the Dispensary Use Permit application. Copies of any licenses obtained be supplied to the City for inclusion in the use permit file with the City. Recess: 7:20 p.m. Public Hearing Reconvene: 7:26 p.m. b. Discussion and possible recommendation to the City Council on several Ukiah Municipal Code amendments regarding cannabis related businesses. Presenters: Craig Schlatter, Community Development Director and Kevin Thompson, Planning Manager. Power Point presentation given by Kevin Thompson, Planning Manager and Darcy Vaughn, Assistance City Attorney. PUBLIC HEARING OPENED: 8:02 P.M. Public Comment: City Councilmember Jim Brown, City Councilmember Maureen Mulheren, Jeff Trouette, Larry Puterbaugh, Craig Litman, Millie Hickey, Daniel De Latona, Amanda Reiman, PhD, Robert Werra. PUBLIC HEARING CLOSED: 8:53 P.M. Darcy Vaughn, Assistant City Attorney recommends the Planning Commission consider that version of the draft Medical Marijuana Dispensary Ordinance pertinent only to the provisions and/or clean-up items proposed/described in amendment 1 of the ordinance that does not include any policy changes. It was the consensus of the Commission to proceed with recommending City Council approve�FiCO HaFD� DII�GD� LVS�IQ�DIV� l�H��DG1�CSdanguage provisions of the ordinance and defer recommending City Council adopt the Ordinance, as written until the Commission has more information from the Medical Marijuana Dispensary Ordinance Ad Hoc Committee as it pertains primarily to zoning and/or where the City is going to allow cannabis-related businesses to operate, land use policy, cultivation (outdoor), limiting law enforcement involvement and/or other matters concerning proposed cannabis-related businesses. The Commission is appreciative of the background information the Medical Marijuana Dispensary Ordinance Ad Hoc Committee has given that is necessary in order to make sound and informed recommendations/decisions and gave direction to City staff as to what further information they would like to have from the Ad Hoc Committee. Motion/Second Watt/Hilliker to recommend City Council approve the proposed provisions amending various sections of the Ukiah City Code to regulate Cannabis related businesses and cannabis cultivation described in amendment 1 of the draft Medical Marijuana Dispensary Ordinance. Motion carried by the following roll call votes: AYES: Christensen, Hilliker, Watt, Sanders, and Whetzel. NOES: None. ABSENT: None. ABSTAIN: None. 10. 3/ ❑1 1 ,1 ❑�,5❑�72 5 C6 C�❑32 5 7 Presenter: Craig Schlatter, Community Development Director. Page 6 of 7 Minutes of the Planning Commission, September 27, 2017, Continued: There was Commission/staff discussion regarding possible formulation of a City resolution to modify the order of the Ukiah Planning Commission meeting agenda. 11. 3/ ❑1 1 ,1 ❑�2 0 0 ,66,2 1 �56�❑32 57 Presenter: Commissioners Watt, Hilliker and Whetzel. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:43 p.m. Cathy Elawadly, Recording Secretary Page 7 of 7 Cathy Elawadly From: Kevin Thompson Sent: Wednesday, September 27, 2017 11:17 AM To: Cathy Elawadly 1�,�,�C��hmGf1� � ` Subject: FW: Planning commission ------__ Correspondence for tonight. From:Christopher J.Watt, C.E.G [mailto:WattC@lacoassociates.com] Sent: Wednesday, September 27, 2017 9:59 AM To: Kevin Thompson Subject: Fwd: Planning commission Sent from my iPhone 7 Plus Begin forwarded message: From: �deborahsena,att.net> Date: September 27, 2017 at 9:38:06 AM PDT To: Linda Sanders �kaderli(u��uno.com>, Christopher Watt �wattc(a7lacoassociates.com� Subject: Planning commission Dear Chris and Linda, I am sorry to be sending you Planning Commission business via personal email. I cannot make tonight's meeting and I am not sure how else to send a letter to the commission. There is no mechanism on the city website for contacting the commissioners. Would you please be willing to share my letter at the meeting? Thank you, Deborah ---------------------.._.._....___.... Dear Planning Commission, I am writing to request that you do not change the city marijuana ordinance to allow outdoor grows in secured greenhouses. The prohibition on all outdoor grows was enacted in 2005 for a reason. In one example, a single mom I know with a 3 year old woke one morning and discovered a dead man in her back yard, the body of someone trying to climb over her fence to get to a neighbor's pot grow. The house was one block from Yokayo School. Though the plants would be enclosed, the incentive for robberies and trespassing would be strong. A greenhouse is much easier to break into than a house; the walls and doors are thinner and there are fewer deterrents such a person or dog inside. The City Council did the right thing in prohibiting all outdoor grows in 2005 and should keep the niles intact now. Ukiah would not be alone. Cities all over California, including Albany and Palo Alto, have enacted outdoor growing bans and inany more are considering a ban, citing public safety and crime reduction. i Thank you for your consideration of this letter. Sincerely, Deborah Edelman iJlciah � Cathy Elawadly �°�'�`t���{7;.'il� Y'I� oL- From: Maureen Mulheren<mo@maureenmulheren.com> Sent: Wednesday, September 27, 2017 12:22 PM To: Amanda Reiman; Planning Department Cc: Kevin Thompson Subject: Re: Comments on cannabis ordinance Thank you for your comments! See you tonight! Mo Maureen Mulheren #OG38950 304 N State Street Ukiah, CA 95482 707-391-3664 c www.maureenmulheren.com On Wed, Sep 27, 2017 at 11:32 AM -0700, "Amanda Reiman" �amanda(c�flowkana.com:� wrote: Hello, Please find attached my comments regarding the cannabis ordinance that will be heard tonight. I will also be attending the meeting to make public comment but wanted you to have a copy of my recommendations. Best, Amanda Amanda Reiman PhD MSW Vice President of Community Relations Amandarc�,flowkana.com info�flowcannabisinstitute.com ��•ww.flowcannabi sinstitute.com i To the Planning Commission, First, I want to congratulate the city on developing a very workable ordinance for regulating can- nabis within the city limits. It is important to take broad strokes in order to bring as many current operators into compliance as possible. I do have some suggestions that I feel will improve the program, ensure that local businesses can obtain state licenses in a timely fashion, and meet the goals of preserving public health and safety for the community. 1.Sun grown cultivation should be allowed without a greenhouse if conditions are met. The protection of 6 plants for personal cultivation was driven by a desire to ensure that adults, regardless of income, could cultivate and consume cannabis if so desired. The more re- quirements placed upon this right, the greater the barrier for someone who cannot, for example, afford to construct a greenhouse on their property. Cultivating six plants indoors can add up to fifty seven refrigerators worth of energy to that household annually. AUMA states that personal cultivation should be indoors, outdoors in a greenhouse, OR outdoors and away from public view. Given the rural nature of our community, it is not hard to imagine a situation where six plants could be cultivated outside without being able to observe them from the street or a neigh- bor's yard. For commercial cultivation, the city should consider the variable energy usage from dif- ferent methods of cultivation. When considering a 22,000 square foot grow (which is a medium license type at the state level), please see the included chart on energy consumption. Making in- door cultivation the preferred method of cultivation will greatly increase the carbon footprint of the city. Tlaerefore, I reco»�»ze�zd tlzat th�� ordi�zancc be ame�zded to alloit�pe�sonal cultil�ation to oc- cur indoors, outdoors in a greenhouse or outdoors as long at it is away from public view. And, that commercial cultivation in energy efficient structures be prioritized and incentivized. 2. Dispensaries should be allowed to have on site consumption and/or consumption lounges should be licensed. On site consumption is an important part of harm reduction and public safety. The reason we have bars for alcohol consumption is because it is dangerous for people to be drinking out in the streets. Bars bring people who want to consume alcohol into one place where they can be monitored for safety. Cannabis, while posing fewer dangers than alcohol, is a similar situation. Legalizing cannabis but giving consumers no place to safely consume creates a public safety hazard. This is will be especially important for tourists who do have homes in the area and will likely end up consuming in their cars or public spaces. Additionally, like the issue of personal cultivation, limiting consumption to private homes unfairly targets low income people who might be living in a hotel or shared housing where they cannot consume. This is particularly hard on medical cannabis patients. Therefore, I recommend allowing licensed dispensaries to apply for an enhanced license that would allow on site consumption. Additionally, the city should license consumption lotrnges that do not engage i�z sales, but i•atlier seive food and�aon alcoholic beve�•ages. 3. State timeline The Bureau of Cannabis Control on the state level has consistently stated that they will is- sue applications for licenses in December of 2017, and temporary licenses to operate in January 2018. In order to obtain this temporary(6 month) permit from the state, the applicant has to prove local authorization via a local permit or other indicator from their locality that they will be approved to operate once they receive their state license. If the city does not finalize their ordi- nance before the state applications come out, there is nothing to stop local cannabis businesses from applying for state permits. In this case, the state will contact the locality to ask of the apply- ing business has been approved, in the absence of a response within 60 days, the state will as- sume the business has approval. It is very important that the city decide how to differentiate between businesses on their way to state compliance and those who are not before the state licensing system commences. Ad- ditionally once the state licensing program begins, licensed businesses will only be able to work with other licensed businesses. This threatens the supply chain locally if local authorization has not yet been granted. Therefore, I recommend that the city develop a mechanism for temporary permitting at the local level ahead of December 2017. Again, this is a fantastic start, and I believe that Ukiah can lead the way in sensible cannabis reg- ulation for the county. I am happy to provide any assistance I can moving forward. Best, Amanda Reiman PhD MSW Vice President, Community Relations Flow Kana � 0 0 x Z O � ^ � � � . � N � Q S � v � a -� � o � � - .� � � - - W i O � � Z � V u � J � W � � z � o � � � � � �. _ > � LL � _ � � U � � o Z � W --- V ri a o W � � � � ..; i � � ? - Q 0 i: � W W .� > � J � � � Q o0 � � m � W � � Z Z o Q �, z � m � Q � Q } U � � � o � Ny � O �� O aW �z� z pC a� u�. � � 0 s 0