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2016/01/14 Planning Commission MinutesROHNERT PARK PLANNING COMMISSION MINUTES January 14, 2016 The Planning Commission of the City of Rohnert Park met this date in a regular session commencing at 6:00 p.m. in the City Hall Council Chambers, 130 Avram Avenue, with Chairperson Blanquie presiding. Call To Order Chairperson Blanquie called the meeting of the regular session to order at approximately 6:00 p.m. with Chairperson Blanquie leading the pledge. Roll Call Present: (5) Commissioners: Commissioner Blanquie, Commissioner Adams, Commissioner Haydon and Commissioner Giudice and Commissioner Borba were present. Planner Manager, Jeffrey Beiswenger, Technical Advisor, Norm Weisbrod and Recording Secretary, Suzie Azevedo were present. Election of Officers A motion was made by Commissioner Adams, seconded by Commissioner Giudice nominating Commissioner Borba as Chairperson and Commissioner Haydon as Vice -Chairperson. The motion passed with a 5-0 vote. (AYES: Adams, Blanquie, Borba, Giudice, Haydon; NOES: 0; ABSENT: 0) None. Declaration of Abstention Acknowledgement of Chairperson Blanquie acknowledged the posting of the Agenda of this meeting in Public Noticing three (3) public places, per the requirements of the Brown Act. Approval of Minutes Deferred to the next Planning Commission meeting. None. Unscheduled Public Appearances Technical Advisor, Norm Weisbrod, presented the staff report. At its meeting of Review and Discussion May 13, 2015, the City Council passed a 45 -day moratorium on the issuance of Moratorium on Self- permits or entitlements for new or expansion of various types of storage facilities, Storage Facilities identified in the Zoning Ordinance as the following type of uses: • Boat, RV and Outdoor Storage Facilities • Self -Storage Facilities • Vehicle Storage Yard At its meeting of May 28, 2015. the Planning Commission held a work Planning Commission Minutes January 14. 2016 session/discussion on the above uses resulting in outlining some specific concerns. Planning Staff said this matter would come back to the Commission at a public hearing with responses to the Commission's questions and a recommended action. Because this matter could not be resolved within the 45 day moratorium, the City Council, at its June 9, 2015 meeting, extended the moratorium for a period of up to 22 months and 15 days. At the May 28th Commission meeting, the Commission discussed issues and concerns related to Self -storage facilities. The Commission requested additional information and analysis on several topics/concerns. Mr. Weisbrod outlined and addressed each of those as referenced in the staff report (see staff report dated 1-14-16), including additional language/restrictions to Footnote Y. Mr. Weisbrod provided several options for the Commission review and consideration and noted that based on the consensus of the Planning commission, staff will come back to the Planning Commission with a Resolution representing the Commission's proposed action. Director of Public Safety, Brian Masterson was present and spoke in regards to police activity and the prohibition, lack of feasibility to recoup related costs when having to respond to a call. Minimal calls; do not usually make a lot of arrests. Discussion points between the Commission and staff included the following: • Gerard Giudice - Legal nonconforming — Would all standards in new Footnote Y be exempt or would they have to comply? Restricted to requirements that were in place at time of conditional use permit entitlement; difficult to make retroactive; will only apply to new facilities. • Daniel Blanquie - 1 self -storage for every 7000 residents; how does Sonoma State impact self -storage facilities - Sonoma State is not within the City limits. • Susan Haydon - Change of ownership; would that predicate compliance with new restrictions in Footnote Y? Conditional use permits run with land, would be considered legal non -conforming; could not expand or modify the existing use. • John Borba - Existing facilities, in case of fire, would they have to conform with new standards/restrictions in Footnote Y? Yes, they would. Consensus of the Commission was to recommend staff return with Resolution recommending the following: Remove Self -Storage facilities, Boat, RV and Outdoor Storage facilities and Vehicle Storage from the Zoning Ordinance - Removing these uses from the Zoning Ordinance would result in no new facilities built. The three existing self -storage facilities in the I -L District would become legal non -conforming and could not expand. The three existing self -storage facilities in the C-R and Mixed -Use zoning district are presently legal non- conforming and their status would not change. They would remain legal - conforming and could not expand. However, existing legal non -conforming self - storage facilities could be remodeled as long as there was no expansion of the building(s) area or use. Since the city has no Boat, RV or Outdoor Storage facilities there would be no impact on existing facilities. Municipal Code Planning Manager, Jeff Beiswenger introduced George Osner, Consultant, who Amendments — Medical I coordinated with staff on the amendments proposed this evening, Mr. Planning Commission Minutes January 14. 2016 Marijuana File No. PLMC2015-0004 City of Rohnert Park Beiswenger presented the staff report. He provided a regulatory history/timeline of marijuana statutes both nationally and statewide. Due to recent State legislation, the City needs to move quickly to adopt some Municipal Code amendments to explicitly regulate the cultivation, distribution and sale of marijuana within the City. Assembly Bills 243 and 266 and Senate Bill 643, passed last September, taken together create a broad state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana, and provides immunity to marijuana businesses operating with both a state license and a local permit. Local government can clearly restrict almost all marijuana related activities, including cultivation, manufacturing of products, dispensaries and distribution. Mr. Beiswenger stated that personal use for qualified patients is protected. The new legislation allows for local control over medical marijuana facilities and land uses, including the authority to prohibit all medical marijuana businesses and cultivation, but a deadline of March 1, 2016 was established for local jurisdictions to adopt these regulations and guidelines. Otherwise, the state Department of Food and Agriculture will become the sole licensing authority for marijuana cultivation in that jurisdiction. Mr. Beiswenger gave a brief overview of the provisions/regulations proposed for Rohnert Park as follows: • Clarify that marijuana activities are prohibited (dispensaries, distribution etc); • Prohibit deliveries; • Add/clean up definition of marijuana; • Clearly prohibit marijuana indoor/outdoor cultivation/grow activities • Regulate tobacco stores — require CUP; • Add marijuana business regulations Chapter to the Municipal Code (MC Title 8) • Limit personal cultivation to 3 plants, 50 square feet. Mr. Beiswenger recommended adoption of Resolution No. 2016-22 recommending to the City Council amendments and additions as previously outlined and contained within the Resolution. Key discussion points included: Gerard Giudice — Clarify amendments in regards to deliveries. Would establish prohibition on any delivery type business. City Manager, Darrin Jenkins — Currently there are 16 ballot measures submitted for legalization; current legislation fortunately offers local jurisdiction regulatory control as noted above; some of the new legislation being proposed obliterates that control and could affect the regulations being considered tonight. As the current legislation reads, if the March 1St deadline is not adhered to, then local regulatory framework is not allowed in future. Legislators have admitted this was a mistake and are considering another bill to change that. After careful consideration, City proposing 3 plants, 50 square feet, just as surrounding jurisdictions are adopting, for personal cultivation. State regulations allow 6 plants at 100 square feet. 3 Planning Commission Minutes January 14, 2016 Daniel Blanquie - 3 plants vs 6 plants; reduces the offensive smell to outside neighbors; more conducive and non -apparent with 3 plants. Indoor grow versus outdoor grow was discussed. Susan Adams - Violent crime in Rohnert Park related to cultivation, distribution etc.? Brian Masterson responded 2 cases; March 2015 and 1 in 2011; both were home invasions. Mr. Masterson also touched on the "critical reach bulletin" that is distributed to all local police jurisdictions, which provides frequent alerts and situations in the county related to marijuana. What is the value of 1 pound of marijuana? $4000.00. Medicinal marijuana cards and the ability to obtain was discussed. Susan Haydon - Complex multi layered issues; Appreciated that definitions were well covered and spelled out. John Borba - Definition of marijuana cultivation facilities says "A marijuana cultivation facility shall not include a property where a qualified patient cultivates marijuana pursuant to Health and Safety Code section 11362.5 s; does that then include commercial/industrial property? Discussion was held; to clarify change language to read "where patient resides". Chairperson Borba opened the public hearing. There being no comment, Chairperson Borba closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Giudice to adopt Resolution No. 2016-22 recommending, recommending approval of an ordinance amending chapters 17.02 (General Provisions), 17.04 (Definitions) and 17.06 (Land Use Regulations) of the zoning ordinance and adoption of a new chapter 8.30 (Medical Marijuana) of the municipal code; changing language to 3 plants at 50 square feet and to clarify "where qualified patient resides" under the definition of marijuana cultivation facilities. Additionally, all references shall include the word "marijuana" only. The motion passed with a 5-0 vote. The motion passed with a 5-0 vote. (AYES: Adams, Blanquie, Borba, Giudice, Haydon; NOES: 0; ABSENT: 0) 2015 Highlights The 2015 City of Rohnert Park accomplishments slide show was presented. Presentation Items from the Planning Commissioner Haydon reported on being a participant in the Sonoma State Commission University urban design-ctass-and-staff '�-affiliatimr withtbiis curricutu Matters from Planning City Manager Jenkins announced that Jeff Beiswenger was promoted to Planning Staff Manager. Adjournment There being no further business, Chairperson Borba adjourned the meeting at 7:50 pm. Chi rso ecret y 4