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HomeMy WebLinkAboutPC_2016-03-01_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, March 1, 2016 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jan Wolff Vice Chairperson Duane Anderson Commissioner David Bentz Commissioner Mark Dariz Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, March 1, 2016 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 15, 2015 2. APPROVAL OF DRAFT ACTION MINUTES OF FEBRUARY 16, 2016 COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2015-1574, ZCH 2015-0180 Amending 9-6.186 of Title 9 of the Atascadero Municipal Code to allow limited personal Medical Marijuana cultivation. Property Owner/Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2015-1574 / ZCH 2015-0180 Project Location: Citywide Project Description: Municipal Code text amendment to allow limited personal medical marijuana cultivation. Proposed Environmental Determination: The proposed Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. City Staff: Phil Dunsmore, Community Development Director, pdunsmore@atascadero.org, 470-3488 Staff Recommendation: Introduce an Ordinance amending Section 9 -6.186 of Title 9 of the Atascadero Municipal Code to allow limited personal Medical Marijuana cultivation. City of Atascadero Planning Commission Agenda Regular Meeting, March 1, 2016 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on March 15, 2016 at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, March 1, 2016 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business re ferred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Com munity Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 12/15/15 Page 1 of 7 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, December 15, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Bourbeau, Seay, Schmidt, Vice Chairperson Wolff, and Chairperson Dariz Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo Contract Planner, Katie Banister Rachelle Rickard, City Manager Joe Allen, Police Department Commander Brian Pierik, City Attorney APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. ITEM NUMBER: 1 DATE: 3-1-16 PC Draft Action Minutes of 12/15/15 Page 2 of 7 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR Chairperson Dariz stated that the Agenda states we are approving minutes for Dec. 3 rd, however, the Commission is approving minutes for December 1, 2015. 1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 1, 2015 `MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the consent calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2014-1535, CONDITIONAL USE PERMIT FOR 10080 OLD MORRO ROAD EAST EX PARTE COMMUNICATIONS: Property Owner/Applicant: Benjamin DeGarmo, PO Box 404, Atascadero, CA 93423 Project Title: PLN 2014-1535 / CUP 2015-0286 Project Location: 10080 Old Morro Road East, Atascadero, CA 93422 (San Luis Obispo County) APN 056-451-001 Project Description: The project consists of an application for a Conditional Use Permit to allow an oversized accessory building with a bathroom and conditioned office space. The proposed garage/workshop is two stories with approximately 3,440 square feet of floor area, which is 116% of the size of the existing residence. General Plan Designation: RE Zoning District: RS Staff Planner: Katie Banister, Contract Planner, kbanister@atascadero.org, 470 -3480 Proposed Environmental Determination: The proposed project is categorically exempted from CEQA under Section 15303: New construction or conversion of small structures. Staff Recommendation: The Planning Commission adopt PC Resolution 2015-A approving Conditional Use Permit 2015-0286. PC Draft Action Minutes of 12/15/15 Page 3 of 7 Commissioner Anderson went by and looked at the site. Commissioner Bourbeau also visited the site, and then spoke with Contract Planner Banister. Contract Planner Banister gave the staff report and stated for the record, that the published agenda is incorrect and that the structure is 107% of the size of the existing residence (not 116% as published). She also stated that staff is recommending that Condition 10. F. be amended to say that outdoor storage is allowed and fully screened from the adjacent street or adjacent properties. Also, Condition 11 should be changed to read on-site signage shall be limited to two (2) square feet, instead of four (4). She stated that an email was received from a resident and distributed to the Commission tonight (Exhibit A). Associate Planner Castillo answered questions from the Commission in relation to the Lot Line Adjustment. Community Development Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke on this item: Ben DeGarmo and Greg Vaughan. Mr. DeGarmo answered questions from the Commission. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt PC Resolution 2015-A approving PLN 2015-1535/CUP 2015-0286 allowing a 3,191 square-foot detached accessory structure which exceeds 50% of the size of the primary residence at 10080 Old Morro Road East, based on findings and subject to conditions of approval, with Condition 10.F. being amended to say that outdoor storage is allowed and fully screened from the adjacent street or adjacent properties, and with Condition 11 being changed to read on-site signage shall be limited to two (2) square feet, instead of four (4). Motion passed 5:2 by a roll-call vote. (Bourbeau and Wolff voted no) 3. PLN 2099-0829, ZONE CHANGE, TENTATIVE TRACT MAP, AND CONDITIONAL USE PERMIT FOR 5310 CARRIZO ROAD Property Owner/Applicant: 5310 Carrizo Rd, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049 Project Title: PLN 2099-0829 /ZCH 2015-0179/ZCH 2004-0078/CUP 2001-0126/TRP 2015- 0193/LLA 2015-0120 Project Location: 5318-5310 Carrizo Road, Pinon Way / Copado Way, Atascadero, CA 93422 (APN 049-105-001 through 012) PC Draft Action Minutes of 12/15/15 Page 4 of 7 EX PARTE COMMUNICATIONS: Chairperson Dariz and Commissioner Anderson heard this project at the Design Review Committee (DRC). Commissioner Bourbeau visited the site, called Mr. Ephraim with questions, and he met with Associate Planner Castillo about the project. Commissioner Bentz received a phone call from Royce Eddings, and spoke about the project on the phone. Associate Planner Castillo gave the staff report, and he and Community Development Director Dunsmore answered questions from the Commission. Associate Planner Castillo explained that this project went before the DRC, and that the HOA would be responsible for future tie-in to sewer services. PUBLIC COMMENT The following members of the public spoke on this item: Royce Eddings, Brian McCallister, Kasey Sullivan, Corey Sullivan, a resident who spoke about lighting who did not give his name, and John McDonald. Chairperson Dariz closed the Public Comment period. Project Description: The project consists of an application for various amendments to a previously approved project that created a subdivision consisting of 11 new single -family residences and preserved one (1) colony home. The proposed project consists of an application for a Zone Change (elimination of the PD-17 overlay zone) and replacement with a project specific, Planned Development overlay zone, amendment to the Conditional Use Permit (CUP) / Master Plan of Development (MPD), Lot Line Adjustme nt (LLA) of 4 legal lots of record, and removal of one (1) native tree to accommodate proposed circulation improvements. General Plan Designation: Single-Family Residential (SFR) Zoning District: Residential Single-Family (RSF-X) / Planned Development (PD-17) Staff Planner: Alfredo Castillo, AICP, Associate Planner, acastillo@atascadero.org, 470-3436 Proposed Environmental Determination: Consistent with Adopted Mitigated Negative Declaration 2004-0030. Staff Recommendation: 1. Adopt Draft PC Resolution 2015-A, recommending to City Council approval of an amendment to Zone Change 2004-0078 replacing an existing Planned Development Overlay (PD-17) with a new Planned Development Overlay zone (PD-31) over 12 lots of legal record; and, 2. Adopt Draft PC Resolution 2015-B recommending to City Council approval of amendments to Conditional Use Permit 2004-0126 based on findings and subject to Conditions of Approval; and, 3. Adopt Draft PC Resolution 2015-C recommending to the City Council approval of Lot Line Adjustment 2015-0193 based on findings and subject to Conditions of Approval; and, 4. Adopt Draft PC Resolution 2015-D recommending to City Council approval of Tree Removal Permit 2015-0193 for the removal of one (1) 36-inch Coast Live Oak totaling 36-inches in DBH. PC Draft Action Minutes of 12/15/15 Page 5 of 7 The Commission and staff addressed concerns about traffic and lighting from the neighbors. PUBLIC COMMENT Chairperson Dariz re-opened the Public Comment period. The following member of the public spoke on this item: John McDonald. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-A to recommend approval to the City Council an amendment to Zone Change 2004-0078 replacing an existing Planned Development Overlay (PD-17) with a new Planned Development Overlay zone (PD-31) over 12 lots of legal record; and, By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-B to recommend to the City Council amendments to Conditional Use Permit 2004-0126 based on findings and subject to Conditions of Approval; and, By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-C to recommend to the City Council approval of Lot Line Adjustment 2015-0120 based on findings and subject to Conditions of Approval, and, By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-D to recommend to the City Council approval of Tree Removal Permit 2015-0193 for the removal of one (1) Coast Live Oak totaling 36-inches in DBH. Motion passed 7:0 by a roll-call vote. PC Draft Action Minutes of 12/15/15 Page 6 of 7 4. PLN 2015-1574, ZCH 2015-0180 Repealing Municipal Code Chapter 5-13 regarding medical marijuana facilities and adding Section 9-6.186 to Title 9 of the Atascadero Municipal Code prohibiting marijuana cultivation, marijuana dispensaries, commercial cannabis activities, and medical marijuana deliveries. EX PARTE COMMUNICATIONS: Commissioner Bourbeau spoke to Police Commander Joe Allen, Community Development Director Dunsmore, and the owners of Dubs Green Garden, who are in the audience tonight. Community Development Director Dunsmore gave the staff report and answered questions from the Commission. Mr. Dunsmore stated that the item is scheduled to go to City Council on January 12, 2016, and that these provisions will take effect March 1, 2016. City Attorney Pierik and Police Commander Allen talked about the issue and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke on this item: Ernest Hall and Andrew Labarbara. Chairperson Dariz closed the Public Comment period. Property Owner/Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2015-1574 / ZCH 2015-0180 Project Location: Citywide Project Description: Municipal Code text amendment to clarify the City’s prohibition on medical marijuana cultivation, dispensing, delivery and all other associated activities consistent with the limitations allowed by California Assembly Bills 243, 266 and 643. Proposed Environmental Determination: The proposed Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. City Staff: Phil Dunsmore, Community Development Director, pdunsmore@atascadero.org, 470- 3488 Staff Recommendation: Adopt PC Resolution-A recommending the City Council approve Ordinance No. 2015 -A repealing Chapter 5-13 regarding Medical Marijuana facilities and adding Section 9 -6.186 to Title 9 of the Atascadero Municipal Code prohibiting medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries. PC Draft Action Minutes of 12/15/15 Page 7 of 7 City Manager Rickard and City Attorney Pierik answered questions raised by the Commission. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Wolff to recommend that the City Council adopt an ordinance repealing Municipal Code 5-13 regarding Medical Marijuana Facilities and adding Section 9-6.186 to Title 9 of the Municipal Code prohibiting marijuana cultivation facilities, marijuana dispensaries, commercial cannabis activities and medical marijuana deliveries. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT Community Development Director Dunsmore announced that the January 5, 2016 Planning Commission meeting may be cancelled, and that there is a tentative date for an Eagle Ranch Joint Planning Commission/City Council meeting on January 19 , 2016. Community Development Director Dunsmore gave the Commission on update on Walmart. ADJOURNMENT – 9:54 p.m. The next regular meeting of the Planning Commission is scheduled for January 5, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: ____________________________ Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A – Email from Clement Salvadori t:\~ planning commission\pc minutes\pc minutes 2015\draft actn minutes 12 15 15 final version.am.docx PC Draft Action Minutes of 2/16/16 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, February 16, 2016 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Wolff called the meeting to order at 7:00 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Dariz, Bentz, Bourbeau, Schmidt, Vice Chairperson Anderson, and Chairperson Wolff Absent: Commissioner Seay (excused) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Senior Planner, Callie Taylor Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. ITEM NUMBER: 2 DATE: 3-1-16 PC Draft Action Minutes of 2/16/16 Page 2 of 5 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 15, 2015 Chairperson Wolff pulled Item #1 for discussion and clarification. Th ere was Commission consensus to approve the minutes as previously published, but with the addition of Assistant Planner Banister’s recommendations as stated in the 2nd paragraph on Page 3 of the minutes. No action was taken on this item. 2. APPROVAL OF DRAFT ACTION MINUTES OF FEBRUARY 2, 2016 MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve the minutes from February 2, 2016, with one change on Page 4 to change Dariz to Wolff. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2016-1581, TREE REMOVAL FOR 9445 EL BORDO Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 Certified Arborist: Steven Alvarez, A&T Arborist, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2016-1581 / TRP 2016-0197 Project Location: 9445 El Bordo Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 030-441-022 Project Description: The project consists of an application to remove two (2) live oak trees on a vacant lot. The trees include a 48” DBH multi-trunk oak tree, and a 26” DBH oak tree. The arborist has assessed the declining trees and found that they are impacted with oak root fungus and are diseased beyond reclamation. General Plan Designation: Single-family Residential-Z Zoning District: Residential Single-family -Z Staff Recommendation: Staff recommends the Planning Commission approve the proposed tree removals, subject to mitigation required by the Native Tree Ordinance, including either replanting on site or payment of fees to the City’s Native Tree Mitigation Fund. Senior Planner Taylor gave the staff report and she and Community Development Director Dunsmore answered questions from the Commission. Neither the property owner nor the arborist were in attendance. PC Draft Action Minutes of 2/16/16 Page 3 of 5 PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt PC Resolution 2016-A to allow the removal of two (2) native trees on a vacant lot, based on findings and subject to mitigation. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS 4. PLN 2016-1578 / CUP 2016-0295 – 4300 POTRERO ROAD EX PARTE COMMUNICATIONS: Commissioner Bourbeau drove to the site and had a conversation with Assistant Planner Banister. Chairperson Wolff drove to the site and spoke to both of the applicants, and walked the property. Property Owner/Applicant: Holiday Geiger, 4315 Trieste Drive, Carlsbad, CA 92010 / Jamie Ruggiero, 4300 Potrero Road, Atascadero, CA 93422 Project Title: Oversized accessory structure PLN 2016-1578 / CUP 2016-0295 Project Location: 4300 Potrero Road, Atascadero, CA 93422 (San Luis Obispo County) APN: 049-061-006 Project Description: The project consists of an application for a Conditional Use Permit to allow construction of a 3,200 square foot detached accessory structure, which exceeds 50% of the size of the principal structure. Existing General Plan Designation: Rural Estate (RE) Existing Zoning: Residential Suburban (RS) Proposed Environmental Determination: The project is categorically exempted from CEQA under Section 15303: New Construction or Conversion of Small Structures Staff Planner: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving Conditional Use Permit 2016-0295. PC Draft Action Minutes of 2/16/16 Page 4 of 5 Assistant Planner Banister gave the staff report and she and Community Development Director Dunsmore answered questions from the Commission. She said that upon a site visit today with Community Development Director Dunsmore, they discovered there are two cargo containers (seatrains) on the property. These structures are required to have a building permit and DRC review, or they must be removed. She is adding a condition recommending that the cargo containers be removed upon final occupancy of the building. PUBLIC COMMENT The following person spoke during public comment: Keith Dunham. Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bourbeau and seconded by Commissioner Schmidt to adopt PC Resolution 2016-A, approving CUP 2016-0295 allowing a 3,200 square-foot detached accessory structure exceeding 50% of the size of the main residence based on findings and subject to conditions of approval, with the added condition that the cargo containers be removed before final occupancy, and that the applicant plant screening landscaping around the accessory structure and that the applicant will work with staff to determine what trees/plants/shrubs will work best to accomplish this goal. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt stated that the temporary Gas Company yard on Montecito and El Camino Real has heavy trucks driving over the sidewalk which is causing the concrete to crack. Community Development Director Dunsmore stated he would follow-up with Public W orks. Commissioner Bourbeau asked about Smart & Final and the previous Wendy’s Restaurant property at 8600 Curbaril Ave. Community Development Director Dunsmore answered his questions. DIRECTORS REPORT Community Development Director Dunsmore announced that the next Planning Commission hearing will be revisiting the medical marijuana item, and the Commission may hear a General Plan Update/Annual Housing Report. Community Development Director Dunsmore gave an update on Walmart and Colony Square, and stated that in the future, there will be discussion about downtown zoning. PC Draft Action Minutes of 2/16/16 Page 5 of 5 ADJOURNMENT – 8:01 p.m. The next regular meeting of the Planning Commission is scheduled for March 1, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: ____________________________ Annette Manier, Recording Secretary Adopted ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx Atascadero Planning Commission Staff Report - Community Development Department First Reading of Ordinance No. ______ Amending Section 9-6.186 of the Atascadero Municipal Code Regarding Marijuana Cultivation Facilities (PLN 2015-1574) RECOMMENDATION: Recommend the City Council introduce for first reading, by title only, draft Ordinance A amending Section 9-6.186 of the Atascadero Municipal Code Regarding Marijuana Cultivation Facilities. . DISCUSSION: On October 9, 2015, Governor Brown signed into la w Assembly Bills 243 and 266 and Senate Bill 643, which together create a broad state regulatory framework for medical marijuana businesses. AB 243 included a provision that if a city did not have a marijuana cultivation ordinance in place by March 1, 2016, the state would become the sole licensing authority for marijuana cultivation in that jurisdiction. In response to the new laws and in order to meet the March 1st deadline for cultivation ordinances (which has since been deleted by urgency legislation), the City Council adopted Ordinance No. 593 on January 26, 2016. This ordinance repealed Municipal Code Chapter 5-13 regarding Medical Marijuana Facilities and added Section 9-6.186 to Title 9 of the Municipal Code prohibiting marijuana cultivation faci lities, marijuana dispensaries, commercial cannabis activities and medical marijuana deliveries in all zoning districts. In adopting the Ordinance, the City Council recognized the necessity of having a marijuana cultivation ordinance in effect before Marc h 1st, however, they also recognized the need to retain the ability for qualified patients, under certain circumstances, to be able to cultivate marijuana. Therefore, the Council directed staff to return with a discussion that outlines the City’s options towards removing the cultivation ban. Staff returned to Council with four potential options. These options included: 1. Begin a public process immediately and move forward with a meaningful public process and analysis irrespective of a potential ballot measur e in November. 2. Adopt an ordinance that allows personal cultivation at a level consistent with what is currently allowed by the Compassionate Use Act of 1996 as a place holder until we know what might happen as a result of a potential State- initiated November ballot measure. ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx 3. Leave the ordinance just adopted in place until after the potential November ballot issue is decided by the voters. At some point after the November election, Council would evaluate the policy based on local desires and the legislation in place at the time. 4. Repeal the cultivation ban and re-adopt the City’s previous medical marijuana ordinance. Following a discussion of each of the options, Council agreed to an option that was a combination between 1 and 4. Council asked staff to wait until after the results of the potential November recreational marijuana initiative were known, before embarking on a significant effort to review medical marijuana here in the City. In the meantime, Council recommended repealing the existing cultivation ban and amending the recently adopted ordinance with specific criteria. Council asked staff to draft an amendment following specific direction: a. The qualified patient cultivates no more than six mature or 12 immature marijuana plants b. The cultivation does not occur on vacant property; c. There are no more than nine mature or 15 immature marijuana plants cultivated on the property by any combination of qualified patients; d. No cultivation in the front yard or similar restrictions; e. The plants may not overhang or infringe into a neighbor’s yard; f. No more than 8 Ounces of Marijuana may be possessed by each qualified patient. Given City Council’s specific direction, staff worked with the City Attorney to craft ordinance amendments that respond to Council’s direction. The recommended ordinance includes the following criteria: ● The qualified patient cultivates no more than six mature or 12 immature marijuana plants pursuant to Health and Safety Code sections 11362.5 and 11362.77; ● The qualified patient resides in the dwelling unit on the property where he or she cultivates marijuana; ● The cultivation does not occur on vacant property; ● There are no more than nine mature or 15 immature marijuana plants cultivated on the property by any combination of qualified patients; ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx ● The qualified patient cultivates his or her marijuana plants indoors or in a manner that is screened from view from the public right-of-way or any other property; ● The qualified patient does not sell, distribute, donate, or provide the marijuana that he or she cultivates to any other person. Under the proposed ordinance, the City reserves the right to abate any nuisance conditions, such as noxious odors or life and safety hazards, associated with or arising from any private cultivation conducted pursuant to this exception. Cities have authority through their constitutional police power to regulate or prohibit land uses and activities involving medical marijuana, including marijuana cultivation. Draft Ordinance A would continue the City’s existing prohibition against marijuana cultivation facilities, bu t would create an exception under Section 9-8.186(c) for private cultivation by qualified patients on their own properties. The City attorney recommended that the ordinance amendment not include a provision on the limit of Marijuana possession since that is a criminal matter and not a zoning provision. FISCAL IMPACT: The proposed ordinance represents a continuation of existing enforcement policies regarding medical marijuana facilities, so there would be no change in the fiscal impact for the City. ATTACHMENTS: Attachment 1: Draft Resolution with attached Draft Ordinance “Exhibit A” ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx ATTACHMENT 1: PLANNING COMMISSION RESOLUTION RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ORDINANCE NO. 2016- _______ AMENDING SECTION 9-6.186 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE TO ALLOW LIMITED MEDICAL MARIJUANA CULTIVATION WHEREAS, pursuant to Government Code sections 65854 and 65855, the Planning Commission has the authority to review and make recommendations to the City Council regarding amendments to the City’s zoning ordinances; and, WHEREAS, on February 19, 2016, the City gave public notice by publishing notice in the Atascadero News of the holding of a public hearing at which the amendment to the City’s zoning ordinances would be considered; and WHEREAS, on March 1, 2016, the Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the proposed amendment to the City’s zoning ordinance and at which time the Planning Commission considered the proposed amendment to the City’s zoning ordinance; and WHEREAS, the City has analyzed this proposed zoning amendment and determined that it is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately; and WHEREAS, in the event that this proposed amendment is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment WHEREAS, attached as Exhibit A is the proposed Ordinance No. 2016-___. NOW, THEREFORE, the Planning Commission of the City of Atascadero does hereby resolve: SECTION 1: ENVIRONMENTAL FINDINGS. The Planning Commission, in light of the whole record before it, including but not limited to, the direction of the Planning Commission at its meeting on March 1 __, 2016 and documents incorporated therein by reference, and any other evidence (within the meaning of Public Resources Code Sections 21080(e) and 21082.2) within the record or provided at the public hearing of this matter, hereby finds and determines as follows: ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx 1. CEQA: The proposed Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION 2: ZONING ORDINANCE AMENDMENT FINDINGS: 1. The proposed Ordinance conforms with the latest adopted general plan for the City in that it continues the prohibition against marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services while allowing specific levels of marijuana cultivation and does not conflict with any allowable uses in the land use element and does not conflict with any policies or programs in any other element of the general plan. 2. The proposed Ordinance will protect the public health, safety, and welfare in that prohibiting medical marijuana cultivation facilities, medical marijuana dispensaries, commercial cannabis activities, and medical marijuana delivery services will protect the City from the adverse impacts and negative secondary effects connected with these activities. SECTION 3: APPROVAL. The Planning Commission approves Resolution No. 2016- __ recommending that the City Council adopt the proposed Ordinance which is attached hereto and incorporated herein by reference as Exhibit A. On motion by Commissioner ___________, and seconded by Commissioner ____________, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: ( ) CITY OF ATASCADERO, CA Jan Wolff Planning Commission Chairperson Attest: Phil Dunsmore Community Development Director ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx EXHIBIT A ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING SECTION 9-6.186 OF THE ATASCADERO MUNICIPAL CODE REGARDING MARIJUANA CULTIVATION FACILITIES WHEREAS, on September 11, 2015, the California Legislature passed Assembly Bills 243 and 266 and Senate Bill 643, which 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, WHEREAS, Governor Brown signed each bill on October 9, 2015; and, WHEREAS, Business and Professions Code section 11362.777(c)(4), which was added by AB 243, provided that if a city did not have a land use regulation or ordinance either regulating or prohibiting marijuana cultivation, either expressly or otherwise under the principles of permissive zoning, by March 1, 2016, the State would become sole licensing authority for the commercial cultivation of medical marijuana in that jurisdiction; and, WHEREAS, faced with the March 1st deadline, which was left in the final version of AB 243 inadvertently, and its potentially significant public safety consequences, many cities and counties throughout California adopted express bans on marijuana cultivation activities; and, WHEREAS, on January 26, 2016, the City Council adopted Ordinance No. 593, which prohibited marijuana cultivation facilities, marijuana dispensaries, commercial cannabis activities, and medical marijuana deliveries in all zones of the City; and, WHEREAS, during the consideration of Ordinance No. 593, the City Council heard from citizens who were concerned that a complete ban on private marijuana cultivation would make it difficult, if not impossible, for certain qualified patients to obtain medical marijuana; and, WHEREAS, in adopting Ordinance No. 593, the City Council recognized the necessity of having a marijuana cultivation ordinance in effect before March 1st and directed staff to return with an amendment that would allow limited marijuana cultivation by qualified patients under certain circumstances; and WHEREAS, the Legislature has since enacted Assembly Bill 21, which deleted the March 1st deadline; and ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx WHEREAS, Regardless of whether the March 1st deadline remained in effect, the City has authority through its constitutional police power and under the express terms of AB 243, AB 266, and SB 643 to amend its marijuana cultivation prohibition at any time; and WHEREAS, the City Council desires to amend Section 9-8.106 to enable qualified patients to cultivate medical marijuana on their own properties for their own personal, medical use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and findings. SECTION TWO. Amendment. The City Council of the City of Atascadero hereby amends Section 9-6.186(c) of Title 9 of the Municipal Code as follows: (c) Medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis activities, and medical marijuana deliveries prohibited. (1) Medical marijuana dispensaries are prohibited in all zones in the city and shall not be established or operated anywhere in the city. (2) Marijuana cultivation facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city. This prohibition shall not apply to a qualified patient, as defined by Health and Safety Code section 11362.7(f), who cultivates medical marijuana, either by himself or herself or with assistance from his or her primary caregiver, as defined by Health and Safety Code sections 11362.5(e) and 11362.7(d), provided that the following conditions are met: (i) The qualified patient cultivates no more than six mature or 12 immature marijuana plants pursuant to Health and Safety Code sections 11362.5 and 11362.77; (ii) The qualified patient resides in a dwelling unit, as defined by Section 9-9.102 of this title, on the parcel where he or she cultivates marijuana; (iii) The cultivation does not occur on a vacant parcel; (iv) There are no more than nine mature or 15 immature marijuana plants cultivated on the same parcel by any combination of qualified patients; (v) A single qualified patient residing in an apartment house or multiple dwelling unit structure, as defined by Section 9-9.102, may cultivate up to six mature or 12 immature marijuana plants in his or her dwelling unit regardless of whether other ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx qualified patients are cultivating marijuana plants in other dwelling units in the same apartment house or multiple dwelling unit structure; (vi) Two or more qualified patients residing together in a dwelling unit in an apartment house or multiple dwelling unit structure may cultivate up to nine mature or 15 immature marijuana plants in their dwelling unit regardless of whether other qualified patients are cultivating marijuana plants in other dwelling units in the same apartment house or multiple dwelling unit structure; (vii) For apartment houses and multiple dwelling unit structures, cultivation must take place indoors unless it occurs in a private, enclosed yard attached to the dwelling unit in which the qualified patient resides, subject to the screening requirements set forth below; (viii) The qualified patient cultivates his or her marijuana plants indoors or in a manner that is screened from view from the public right-of-way or any other property consistent with Section 9-4.128 of this title; (ix) Marijuana plants that are cultivated outdoors may not extend over any property line or boundary; and (x) The qualified patient does not sell, distribute, donate, or provide the marijuana that he or she cultivates to any other person. Notwithstanding this exception, a qualified patient cultivating marijuana may not create or cause a nuisance condition and the city may abate, in any manner permitted by law, a nuisance condition created or caused by, associated with, or arising from marijuana cultivation by a qualified patient. (3) Commercial cannabis activities are prohibited in all zones in the city and shall not be established or operated anywhere in the city. (4) No person may own, establish, open, operate, conduct, or manage a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city, or be the lessor of property where a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in the city. (5) No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plans, zone change, business license, certificate of occupancy or other applicable approval will be accepted, approved or issued for the establishment or operation of a medical marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity. ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx (6) No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city, except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d). (7) Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. SECTION THREE. CEQA. This Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION FOUR. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION FIVE. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News. A copy of the full text of this ordinance must be on file in the City Clerk’s Office on and after the date following introduction and passage and must be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on ____________, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ITEM NUMBER: 3 DATE: 3-1-16 t:\- 15 plns\pln 2015-1574-medical marijuana\pc staff report 3 1 16.docx ATTEST: CITY OF ATASCADERO _____________________________ _________________________ Marcia McClure Torgerson, C.M.C., Tom O’Malley, Mayor City Clerk APPROVED AS TO FORM: ______________________________ Brian Pierik, City Attorney