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HomeMy WebLinkAboutPC_2017-09-19_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, September 19, 2017 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk 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 Commissio n may take action to direct the staff to place a matter of business on a future agenda.) 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 MINUTES OF PLANNING COMMISSION MEETING ON AUGUST 1, 2017 2. APPROVAL OF DRAFT MINUTES OF SPECIAL JOINT MEETING ON AUGUST 29, 2017 City of Atascadero Planning Commission Agenda Regular Meeting, Sept.19, 2017 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 3. APPROVAL OF TIME EXTENSION FOR PLN 2007-1233, 8391 AMAPOA AVE. PLANNING COMMISSION BUSINESS 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 a nd 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).) 4. PLN 2017-1633, Adult and Medical Use Cannabis Regulations Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2017-1633 Project Location: Citywide, Atascadero, CA 93422 (San Luis Obispo County) Project Description: Municipal Code Amendments for Cannabis Activities and Regulati ons. Proposed Ordinance includes repealing Section 9-6.168, Medical Marijuana Facilities, and creating a new chapter, 17, Cannabis Activities and Regulations. Environmental Determination: This action is not a project within the meaning of the Californi a Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15061 (b)(3) that the activity only applies to projects which have a potential for causing significant effect on the environment and is therefore exempt from CEQA. City Staff: Phil Dunsmore, Community Development Director, Email: pdunsmore@atascadero.org, Phone: 470-3488; Alfredo R. Castillo, AICP, Email: acastillo@atascadero.org, Phone: 470- 3436 Staff Recommendation: Planning Commission adopt PC Resolution 2017-A recommending to the City Council introduction of an Ordinance for first reading, by title only, repealing Section 9-6.186, Medical Marijuana Facilities, and adding Chapter 17, Cannabis Activities and Regulations. City of Atascadero Planning Commission Agenda Regular Meeting, Sept.19, 2017 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 October 3, 2017, at 6:00 p.m. 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, Sept.19, 2017 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 6:00 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 referred 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 Community 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 nee ded 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 Co mmission 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 Community 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 Minutes of 8/1/17 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Special Meeting – Tuesday, August 1, 2017 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Anderson called the meeting to order at 6:00 p.m. and Commissioner Betz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Dariz, Donovan, Wolff, Zirk, Vice Chairperson Seay, and Chairperson Anderson Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Assistant Planner, Katie Banister Torina Wilson, Planning Intern APPROVAL OF AGENDA MOTION: By Vice Chairperson Seay and seconded by Commissioner Wolff to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON JUNE 28, 2017 ITEM NUMBER: 1 DATE: 9-19-17 1 PC Draft Minutes of 8/1/17 Page 2 of 5 2. APPROVAL OF TIME EXTENSION FOR TENTATIVE PARCEL MAP 2011-0098, (MP ANNEX, LLC) MOTION: By Commissioner Dariz and seconded by Vice Chairperson Seay to approve the Consent Calendar with one minor revision on Page 2 of the minutes, to remove the duplicate section “PUBLIC HEARINGS.” Motion passed 5:0 by a roll-call vote. (Wolff, Zirk abstained) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2017-1652 / TRP 2017-0215, TREE REMOVAL FOR 9710 LAUREL ROAD Community Development Director Dunsmore introduced Torina Wilson, Planning Intern and Cal Poly student, who will be presenting the item tonight. Planning Intern Wilson gave a presentation on the project and she and Assistant Planner Banister answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke during public comment: Chip Tamagni with A&T Arborists. Chairperson Anderson closed the Public Comment period. Property Owner/Applicant: Ben and Tom Graves, PO Box 1501, Templeton, CA 93465 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2017-1652 / TRP 2017-0215 Project Location: 9710 Laurel Rd., Atascadero, CA 93422 APN 055-041-018 (San Luis Obispo County) Project Description: The project consists of a request to remove 4 native oak trees totaling 54 inches in diameter. The largest tree is a 32-inch diameter coast live oak. The applicant has applied for a building permit to construct a residence and detached garage. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Determination: The project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303, for the construction of one single-family residence and an accessory structure in a residential zone. City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2017-A approving Tree Removal Permit 2017-0215. 2 PC Draft Minutes of 8/1/17 Page 3 of 5 MOTION: By Commissioner Dariz and seconded by Commissioner Donovan to adopt PC Resolution 2017-A approving PLN 2017- 1652 / TRP 2017-0215 to allow the removal of four (4) native oak trees totaling 54- inches DBH subject to the replanting, mitigation, and Conditions of Approval located at 9710 Laurel Road. Motion passed 7:0 by a roll-call vote. 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 t o 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).) 4. PLN 2017-1642, MASTER PLAN OF DEVELOPMENT FOR 6410 SANTA LUCIA ROAD, ST. WILLIAMS CHURCH Property Owner: Roman Catholic Bishop of Monterey Applicant: St. Williams Parish, 6410 Santa Lucia Road, Atascadero, CA 93422 Project Title: PLN 2017-1642 / DRC 2017-0100 Project Location: 6410 Santa Lucia Road, Atascadero, CA 93422(San Luis Obispo County) APN 030-271-023 Project Description: The project is a Master Plan of Development for St. William’s Parish. The new facilities will be constructed in two phases. Phase 1 is a new 6,400 square-foot youth center with additional parking and exterior landscaping. Phase 2 is the removal of the existing hall and rectory buildings, and construction of a new 14,000 square-foot assembly hall with second-story staff offices, and a 1,000 square-foot storage building. 159 on-site parking spaces will be available upon completion. Curb, gutter, and sidewalk improvements will be required in accordance with AMC 9 -4.159. The removal of three native trees is proposed, including two valley oaks with diameters totaling 52 inches and one blue oak with a 44-inch diameter. Existing street trees on Santa Lucia Road may need to be removed and replaced to accommodate curb gutter and sidewalk improvements. General Plan Designation: High Density Residential (HDR) Zoning District: High Density Multi-Family Residential (RMF-20) Environmental Determination: The project qualifies for a class 32 categorical exemption (CEQA Guidelines § 15332) from the California Environmental Quality Act (CEQA) City Staff: Katie Banister, Assistant Planner, Email: kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: Staff recommends the Planning Commission adopt Resolution PC 2017-A approving Conditional Use Permit and Master Plan of Development 2017-0311 allowing a church and related activities use, new youth center, parish hall and expanded parking area; and Tree Removal Permit 2017- 0216 allowing the removal of 3 native oak trees with diameters totaling 66 inches. 3 PC Draft Minutes of 8/1/17 Page 4 of 5 Assistant Planner Banister gave a presentation on the project and stated this item was heard at the Design Review Committee. EX PARTE COMMUNICATIONS Commissioner Dariz and Chairperson Anderson heard this project at the Design Review Committee (DRC). Assistant Planner Banister and Community Development Director Dunsmore answered questions from the Commission in regards to landscaping, setback, outdoor amphitheater, public noticing, public transit/park & ride, bicycle rack location, size of buildings, and the phases of the construction. Commissioner Dariz suggested that on Page 94, the words “highly permeable” be added to Condition 16. PUBLIC COMMENT The following members of the public spoke during public comment: Mark Lowerison, (Architect for St. Williams), Troylyn Lindsay, Jacob Gleason, and Deacon Rick Minton. Chairperson Anderson closed the Public Comment period. Mr. Lowerison addressed questions that came up from the Commission. Mr. Lowerison requested to add a change in the conditions to A) shift the removal of the storage container to take place during Phase 1, not Phase 2, and B) request that the 5-year time limit be granted up to 20-years because of the lengthy period of time it will take to get long-term funding. Community Development Director Dunsmore and Assistant Planner Banister explained that a typical Conditional Use Permit is valid for 24-months, and the applicant doesn’t have to complete construction within that time. The intention is that the applicant would get a building permit for Phase 2 within 60 months (5 years). Staff also explained what is in the Atascadero Municipal Code Sections 9.2.110 and 9.2.112 as far as timing on phases. MOTION: By Commissioner Dariz and seconded by Commissioner Wolff to accept staff’s recommendations as written in the staff report and adopt PC Resolution 2017-A approving PLN 2017-1642 a Master Plan of Development and Tree Removal Permit for 6410 Santa Lucia Road, based on findings and subject to conditions, with the added conditions as follows: 1. On Condition 5, add wording which states, “The permits for Phase 2 shall be issued within 5 years of the completion of Phase 1, in other words from the date 4 PC Draft Minutes of 8/1/17 Page 5 of 5 of the permit when Phase 1 is finaled, the applicant would be given 5 years to apply for a permit for Phase 2.” 2. On Condition 8, add that the storage container will be removed in Phase 1, not Phase 2. 3. On Condition 16, add “highly permeable” to the description of the pavers. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Community Development Director Dunsmore stated that the next meeting scheduled for August 15th may be cancelled. Community Development Director Dunsmore stated that there may be a joint City Council/Planning Commission meeting on Proposition 64 on Tuesday August 29, 2017. This meeting would get the City closer to adopting a code, and the City will do public outreach on this upcoming meeting. Community Development Director Dunsmore gave an update on removing the abandoned Carl’s Jr. sign, the Quiky Car Wash, Eagle Ranch, Centennial Bridge, the parking lot project across from City Hall, future zoning updates, downtown zoning, and funding for a grant for the El Camino Real corridor. ADJOURNMENT – 7:38 p.m. The next Regular meeting of the Planning Commission is scheduled for August 15, 2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM NUMBER: 2 DATE: 9/19/17 Atascadero City Council August 29, 2017 Page 1 of 4 SPECIAL JOINT MEETING Atascadero City Council Atascadero Planning Commission Tuesday, August 29, 2017 6:00 P.M. Atascadero City Hall Council Chambers, 4th Floor 6500 Palma Avenue, Atascadero, California (Enter from Lewis Avenue) DRAFT MINUTES Mayor O’Malley called the Special Joint City Council and Planning Commission meeting to order at 6:00 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL: Present: Planning Commissioners Dariz, Donovan, Wolff, Zirk, Vice Chair Seay, Chair Anderson. Council Members Bourbeau, Moreno, Sturtevant, Mayor Pro Tem Fonzi, and Mayor O’Malley. Absent: Planning Commissioner Betz Staff Present: City Manager Rachelle Rickard, Community Development Director Phil Dunsmore, Police Chief Jerel Haley, Fire Chief Casey Bryson, Administrative Services Director Jeri Rangel, Public Works Director Nick DeBar, City Attorney Brian Pierik, Deputy City Manager / City Clerk Lara Christensen, and Associate Planner Alfredo Castillo. DISCUSSION: 1. Atascadero Cannabis Regulations Proposed Zoning Amendments  Fiscal Impact: Any potential amendments to the Zoning Code addressing adult and medical use of cannabis may have impacts on staff resources. Any revenue that may be associated with these amendments is currently unknown.  Recommendation: Council and Planning Commission discuss, and Council provide direction, pertaining to amending Title 9, Planning and Zoning, of the Atascadero Municipal Code in response to Proposition 64 and Senate Bill 94, adult and medical use of cannabis. [Community Development] 6 ITEM NUMBER: 2 DATE: 9/19/17 Atascadero City Council August 29, 2017 Page 2 of 4 The Zoning Code amendment options 1-3; 4 and 7; 5 and 6; and 8, as identified in Section 3 of the Staff Report, were taken separately for presentation, discussion, public comment, and City Council direction. Community Development Director Phil Dunsmore gave the staff report and answered questions from the Planning Commission and City Council. Option 1. Personal Cultivation – Indoors Option 2. Personal Cultivation- Outdoors Option 3. Commercial Cultivation PUBLIC COMMENT: The following citizens spoke on this item: Dana Holland, Vicky Morris, Tony Keith, David Mattson, Max Zappas, Dr. Mary Winfred (Exhibit A), Jason Anderson, Marie Roth, Peter Burn, Wes Burke, Amber Scott, Jim Shannon, Susan Funk, Robert S., Margie Bauer, Wes Lewis, and Clark Baird. Mayor O’Malley closed the Public Comment period. The City Council provided the following direction to staff:  Staff’s suggested regulations for Personal Indoor Cultivation are acceptable with following modifications: o Limit total number of plants to six within any habitable structure. o More than six plants, up to a maximum of 15 plants may be allowed with approval of administrative use permit and site registration within non-habitable indoor structures. o No more than 15 plants total will be allowed for indoor grow. This includes plants grown within habitable and non-habitable structures on the property.  Code to include language regarding the proper disposal of cannabis waste.  Council desires very strong enforcement of violations of the Zoning Code with regards to cannabis.  Move forward with staff’s suggested regulations for Personal Outdoor Cultivation with the following modifications: o Addition of language for setbacks to include 25-foot setback from public right-of-way.  Move forward with staff’s suggested regulations for Commercial Cultivation.  Staff requested to communicate with San Luis Obispo County regarding cannabis regulations for correlation between City and County regulations.  Staff to explore the taxation of commercial cultivation. 7 ITEM NUMBER: 2 DATE: 9/19/17 Atascadero City Council August 29, 2017 Page 3 of 4 Mayor O’Malley recessed the meeting at 8:56 p.m. Mayor O’Malley reconvened the meeting at 9:06 p.m. with all City Council and Planning Commissioners present. Option 4. Retail Sales of Cannabis / Medical Dispensaries / Distribution Center Option 7. Cannabis Delivery Services PUBLIC COMMENT: The following citizens spoke on this item: Dana Holland, Jim Shannon, Gary Lee, Clark Barry, Marie Roth, Wes Burke, and Dr. Mary Winfred. Mayor O’Malley closed the Public Comment period. The City Council provided the following direction to staff:  Prohibit cannabis distribution centers at this time.  Staff to explore the taxation of cannabis distribution centers and delivery services.  Move forward with staff’s suggested regulations for Delivery Services with the following modifications: o Clearly defined areas where delivery services are allowed. Option 5. Testing Facilities for Cannabis Option 6. Manufacturing Facilities PUBLIC COMMENT: The following citizens spoke on this item: Dr. Mary Winfred, Wes Burke, Marie Roth, Gary Lee, and Clark Barry. Mayor O’Malley closed the Public Comment period. The City Council provided the following direction to staff:  Move forward with staff’s suggested regulations for Testing Labs.  Prohibit manufacturing facilities at this time.  Staff to explore the taxation of testing and manufacturing facilities. Mayor O’Malley noted that it was 11:00 p.m. and called for a motion to continue the meeting past 11:00 p.m. MOTION: On motion by Council Member Bourbeau and seconded by Council Member Moreno, the City Council approved the meeting to continue past 11:00 p.m. Motion passed 5:0 by a roll call vote. 8 ITEM NUMBER: 2 DATE: 9/19/17 Atascadero City Council August 29, 2017 Page 4 of 4 MOTION: On motion by Commissioner Zirk and seconded by Chair Anderson, the Planning Commission concurred with City Council’s motion to continue the meeting past 11:00 p.m. Motion passed 6:0 by a roll call vote. Betz absent. Option 8. Smoking and Consumption The City Council provided the following direction to staff:  Staff further explore definition of public place in relation to smoking regulations identified in Proposition 64.  Staff to review and bring forward proposed updates to the City’s Smoking Ordinance. o Include definition of public place o Address prohibition of smoking tobacco and cannabis ADJOURNMENT: Mayor O’Malley adjourned the Special Joint City Council and Planning Commission meeting at 11:13 p.m. MINUTES PREPARED BY: _________________________________________ Lara K. Christensen Deputy City Manager / City Clerk The following exhibit is available for review in the City Clerk’s office:  Exhibit A: Various articles and maps regarding cannabis legalization provided by Dr. Winfred 9 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 | FAX (805) 461-7612 Atascadero Planning Commission Staff Report – Community Development Department PLN 2007-1233 Tentative Subdivision Map Time Extension RECOMMENDATION(S): Staff recommends Planning Commission adopt Resolution PC 2017-A, approving a one-year time extension of Tentative Subdivision Map 2007-0099 (Tract 2947) in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance (Title 11). Project Info In-Brief: PROJECT ADDRESS: 8391 Amapoa Ave. Atascadero, CA APN 031-241-019 PROJECT PLANNER Alfredo R. Castillo, AICP Associate Planner 470-3436 acastillo@atascadero.org APPLICANT Amapoa Lake Park, LLC 8865 Morro Road Suite E, Atascadero CA 93422 PROPERTY OWNER Amapoa Lake Park, LLC 8865 Morro Road Suite E, Atascadero CA 93422 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Residential Multi-Family (RMF-20) 0.34 acres Vacant 6 lot air space condos ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 and 15332 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 10 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Right-of-Way / Amapoa Avenue Residential Single Family (RSF-X) Residential Multi-Family (RMF-20) Residential Multi- Family (RMF-20) Background: The Amapoa Condo project was approved on August 19, 2008 as a six (6) lot airspace condominium project on one common lot. The proposed project includes the construction of six (6) new residences proposed as duplexes, with three total structures. Two of the units are 1,525 square feet and the other four units ar e 2,102 square feet. Each unit has either a one or a two car attached garage, providing a total of ten parking spaces in the garages of the six new units. Three guest parking spaces are provided towards the northeast area of the lot. The proposed projec t is designed to meet the parking requirements of the Zoning Ordinance. Analysis: The tentative subdivision map expired on August 19, 2017; however, with an application submitted for a time extension, the Subdivision Map Act automatically extends the map for an additional 60 days while the City considers the extension request. This request would extend the map until August 19, 2018. The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years (these are discretionary extensions). The application for the extension must be filed prior to the expira tion date. 11 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Commission or City Council may also decide whether project conditions should be added, modified, or deleted. Between 2009 and 2013, the California State Legislature pass ed three separate map extension acts. These automatic extensions granted by the State Legislature did not require any action by the City and extended Tentative Subdivision Map Tract 2947 until August 19, 2016. Prior to August 19, 2016, the previous owner had filed an extension that was approved by the Community Development Director, thereby extending the map until August 19, 2017. Only an initial extension may be approved by the Director, while subsequent extensions require Planning Commission review. Based on the limitations of the Subdivision Map Act, the map may be eligible for future extensions as this is the second discretionary extension and up to five may be allowed. Conclusion: Staff is continuing to work with the applicant on subdivision improvements and building permits. The applicant was issued a set of corrections for building improvements . No factors have changed to warrant reconsideration of project conditions or entitlements. Staff recommends the Planning Commission approve the Time Extension as requested. ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt (Class 3 and Class 32) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Se ction 15303 and 15332, per previous project approval. FINDINGS: A Tentative Subdivision Map was approved on August 19, 2008 for a six (6) lot subdivision. The Tentative Subdivision Map was conditioned to meet all City standards including on-site and off-site street improvements. Time Extension Findings The following are required findings that must be made by the Planning Commission to extend TTM 2007-0099 (Tract 2947), consistent with section 9-2.117 of the Atascadero Municipal Code. 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement (AMC 9-2.117(a)(1)); 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9-2.117(a)(2)). 12 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Map History: Approval Expiration Original Approval 8/08/2008 8/19/2010 Automatic Extension (AB 333) 7/15/2009 8/19/2012 Automatic Extension (AB 208) 7/15/2011 8/19/2014 Automatic Extension (SB 116) 7/11/2013 8/19/2016 Director Extension 3/08/2016 8/19/2017 Proposed Extension 8/19/2018 ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: 1. Tract 2947 2. Conditions of Approval TTM 2007-0099 3. Draft Resolution 2017-A 13 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Tract 2647 PLN 2007-1233 14 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Conditions of Approval – TTM 2007-00999 PLN 2007-1233 Conditions of Approval TTM 2007-0099/ PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Standard Planning Conditions 1. This Conditional Use Permit shall be for a six unit condominium map described on the attached exhibits and located on APN 031-241-019 regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. Approval of this Tentative Tract Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. FM PS 4. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP / FM PS, CE 5. A tract map drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing CA 7. The tract map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 8. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, FM PS/PW 15 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TTM 2007-0099/ PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney parking, street trees, fencing and landscaping. c. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. e. Individual unit’s responsibility for keeping all trash receptacles within the unit’s garage. f. A provision requiring that individual garages be maintained for vehicle parking. g. Fencing Standards (height, material, and style) and approved locations. h. A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 9. Prior to recordation of the final map, the applicant shall submit a condominium plan for recording concurrently with the final map. A qualified licensed professional shall prepare the final map and the condominium plan. FM PS/PW 10. Laundry facilities shall be provided within each individual dwelling unit. FO PS 11. Each unit will be provided a minimum of 100 square feet of enclosed storage space, exclusive of closets. FO PS/BS 12. Each unit will be responsible for its individual trash receptacle and shall keep it screened from public view, except on trash pickup day. FO PS/BS 13. The driveway will be installed with decorative scored and colored concrete as noted on the plan. BP/FO PS 14. The porches on each unit shall be constructed of 6” x 6” minimum size wood members to make it look visually proportional to the rest of the structure. BP PS 15. A final landscape plan shall be submitted prior to building permit issuance. The landscape plan shall identify the number and size of plants to be used in each location. An irrigation plan shall be submitted with the landscape plan. Lawn areas shall be minimized. Drought tolerant shrubs and ground covers shall be used. BP PS 16 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TTM 2007-0099/ PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 16. All fencing within the front setback (25 feet from Amapoa) shall be less than three feet in total height. Fencing beyond the front setback may be constructed up to 6 feet in height. Fencing design details shall be submitted with building permits. BP PS 17. Trellis features shall be installed over the two car garages to break up the facades. BP PS 18. The drainage swale in the backyard areas shall be installed underground in order to provide a full 5 feet of useable private open space for the homeowners. BP PS 19. Stone veneer banding on the facades shall extend across entire walls where there are no breaks or pop-outs. Stone veneer shall extend to wrap around corners a minimum of 2 feet (including the back corners next to the rear yards) in order to create an authentic and integrated architectural feature. BP PS 20. A minimum of 300 square feet of private open space shall be provided for each unit. BP PS 21. Garage doors shall be architectural grade. Garage doors shall be painted a color compatible with the building color scheme, and shall not be white. BP PS 22. The applicant shall work with staff to add larger windows to the front elevation on Building C, facing Amapoa. The smaller square windows on the left hand side of the first and second floor shall be replaced with larger windows, consistent with the front elevations on other sides of the buildings in the project. BP PS 23. The CC&R’s for the project shall include a section regarding clothes lines. Residents of the project shall be allowed to use clotheslines in the backyards of the units. BP PS Public Works Project Conditions City Engineer Project Conditions 1. Per municipal code section 9-4.160, the developer shall slurry seal Amapoa Avenue across the frontage of the property to a width of 1/2 the roadway plus 10'. GP, BP CE City Engineer Standard Conditions 2. In the event that the applicant bonds for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. GP, BP CE 3. An engineer’s estimate of probable cost shall be submitted for review and GP, BP CE 17 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TTM 2007-0099/ PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney approval by the City Engineer to determine the amount of the bond. 4. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. GP, BP CE 6. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. GP, BP CE 7. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. GP, BP CE 8. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 9. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the tract map. FM CE 10. The final tract map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 11. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 12. Prior to recording the tract map, the applicant shall bond for or complete all improvements required by these conditions of approval. FM CE 13. Prior to recording the tract map, the applicant shall submit a copy of a valid tax bond. FM CE 14. Prior to recording the tract map, the applicant shall bond for or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the tract map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM CE 15. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 16. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant FM CE 18 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TTM 2007-0099/ PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney shall show all access restrictions on the final map. 17. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the tract map. FM CE 18. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 19. Prior to the issuance of building permits the applicant shall submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100-year overflow. GP, BP CE 20. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. GP, BP CE 21. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 22. A mechanism for funding and maintenance of the storm drain facilities shall be provided. GP, BP CE 23. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size & type. GP, BP CE 24. Prior to the issuance of building permits the applicant shall show method of conduct to approved off-site drainage facilities. GP, BP CE 25. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. GP, BP CE 26. Applicant shall submit erosion control plans with the grading or building plan application. GP, BP CE 27. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer GP, BP CE 19 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TTM 2007-0099/ PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 28. Off-site streets shall be improved consistent with the tentative tract map. GP, BP CE 29. Project shall include construction of curb, gutter and sidewalk along entire frontage. GP, BP CE 30. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 31. A mechanism to provide for the funding of maintenance for lighting, street improvements, special paving surfaces, storm drain, common area landscape, open space, and hardscape shall be provided. GP, BP CE 32. All utilities shall be undergrounded on project frontage. GP, BP CE 33. All on-site sewer mains shall be privately owned and maintained. FM CE 34. Prior to recording the final map, provisions for the repair and maintenance of the private SS shall be included in the CC&R’s for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. FM CE 35. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP CE 36. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE 20 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution 2017-A PLN 2007-1233 DRAFT RESOLUTION NO. PC 2017-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED TENTATIVE SUBDIVISION MAP TTM 2007-0099 8391 AMAPOA (Amapoa Lake Park, LLC) WHEREAS, the applicant, Amapoa Lake Park, LLC, has applied for an extension of a Tentative Subdivision Map that proposes a subdivision of 0.34 acres into six (6) air space condos; and WHEREAS, the Planning Commission approved a Tentative Subdivision Map on August 19, 2008; and WHEREAS, the automatic two-year Time Extension via AB 333 went into effect July 15, 2009, setting the expiration date to August 19, 2012; and, WHEREAS, the automatic two-year Time Extension via AB 208 went into effect July 15 , 2011, setting the expiration date to August 19, 2014; and, WHEREAS, the automatic two-year Time Extension via SB 116 went into effect July 11, 2013, setting the expiration date to August 19, 2016; and, WHEREAS, the previous property owner had submitted for a one-year time extension for Tentative Subdivision Map entitlements; approved on March 8, 2016 by the Community Development Director, consistent with Atascadero Municipal Code section 9-2.117(a) ; and, WHEREAS, the applicant has submitted for an additional one-year time extension for Tentative Subdivision Map entitlements;, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code Section 9-2.117(a) A. FINDING: There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; 21 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FACT: There have been no applicable changes to the General Plan or zoning regulations since the project was entitled on August 19, 2008. All conditions of approval are to be completed in addition to all applicable zoning requirements and General Plan requirements. B. FINDING: There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. FACT: The site remains vacant. The surrounding properties have yet to develop; therefore, there have been no changes in the character or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of TTM 2007-0099, to expire on August 19, 2018. 22 ITEM 3 | 9/19/2017 Amapoa Condos Time Extension PLN 2007-1233 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 23 ITEM 4 | 9/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 | FAX (805) 461-7612 Atascadero Planning Commission Staff Report – Community Development Department PLN 2017-1633 Adult and Medical Use Cannabis Regulations RECOMMENDATION(S): Planning Commission adopt PC Resolution 2017-A recommending to the City Council introduction of an Ordinance for first reading, by title only, repealing Section 9-6.186, Medical Marijuana Facilities, and adding Chapter 17, Cannabis Activities and Regulations. Project Info In-Brief: PROJECT ADDRESS: Citywide Atascadero, CA APN N/A PROJECT PLANNERS Phil Dunsmore, AICP Alfredo R. Castillo, AICP 470-3488 470-3436 pdunsmore@atascadero.org acastillo@atascadero.org APPLICANT City of Atascadero ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☐ Categorical Exemption CEQA – Guidelines Section 153____ ☒ Statutory Exemption CEQA Guidelines 15061 (b)(3) ☐ No Project – Ministerial Project 24 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero REPORT-IN-BRIEF: City Staff proposes repealing Section 9-6.186 Medical Marijuana Facilities, and replacing it with an entire Chapter 17, that would contain Cannabis Activities and Regulations. The following is a summary of proposed Municipal Code Amendments:  Allow for up to six (6) cannabis plants for personal indoor or outdoor cultivation provided residents meet established regulations for personal cultivation , consistent with State established exemptions;  Allow for adult and medical cannabis deliveries from distribution centers located outside the City Limits to residents of the City, provided these businesses meet established regulations and obtain a state license;  Allow for State licensed Testing Facilities within certain non-residential zones with either a Major Conditional Use Permit, or an Administrative Use Permit;  Include specific enforcement for personal and commercial cannabis activities that should be a deterrent to violating the City’s adopted ordinance. At the Study Session, the City Council directed Staff to return with information on the following:  Taxation for commercial cultivation, delivery services, manufacturing facilities, and cannabis distribution centers;  Review of banking regulations related to cannabis related transactions. DISCUSSION: Background: At its April 25, 2017, City Council Meeting, the City Council evaluated community input and discussed options towards a zoning code amendment to address Proposition 64, also known as the Adult Use of Marijuana Act (“AUMA”). The City Council directed staff to return with additional information towards the formulation of code revisions. On June 27th, the Governor signed Senate Bill 94 (SB 94), repealing the 2015 Medical Cannabis Regulation and Safety Act (“MCRSA”) but including certain provisions from MCRSA, regarding medical marijuana, that can be found in Proposition 64. SB 94 renamed the AUMA as the Medicinal and Adult -Use Cannabis Regulation and Safety Act (“MAUCRSA”). In addition to consolidating state laws regarding medical marijuana and adult-use marijuana, SB 94 introduced more uniform terminology. SB 94 revised references in existing law to refer to “marijuana” or “medical marijuana” as “cannabis” or “medicinal cannabis”, and revised references of “nonmedical” to “adult-use.” Business and Professions Code Section 26200, which is part of MAUCRSA, expressly recognizes the ability of cities to completely prohibit all adult -use (recreational) cannabis businesses or to regulate such businesses. 25 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero On August 29, 2017, the City Council and Planning Commission held a study session to review and provide direction on a preliminary ordinance that treats medical cannabis no differently than adult use cannabis. With input from the public, both the City Council and the Planning Commission provided direction on a final draft ordinance. The development of these important Zoning Code amendments is a gradual process that relies on continuous community involvement. Four phases of the process, listed below, were identified and presented to Council. We are now in the final phase of this process:  Phase 1 – Gather public feedback through a series of public workshops and informational discussions. This phase is complete.  Phase 2 – Direction from the City Council on the form ulation of local Ordinances. This phase is complete.  Phase 3 – Provide refined information to the City Council based on specific feedback. Introduce land use definitions and information towards Zoning Code development while hearing additional input. This phase is complete.  Phase 4 - Hold required public hearings of the Planning Commission and City Council to review final amended Zoning Code language, introduction of ordinance on first reading and finally, adoption of ordinance on second reading. Analysis: State Licensing Process – Commercial Activities The primary governing authority for the regulation of cannabis is known as the Bureau of Cannabis Control. Responsibility for licensing is given to: A. Bureau of Cannabis Control (Testing, Retail, Distribution); B. Department of Public Health (Manufacturing); C. Department of Food and Agriculture (Cultivation). The State authority known as “CalCannabis” (http://calcannabis.cdfa.ca.gov/) has prepared the framework to establish 19 different types of commercial cannabis licenses. The types of licenses are as follows:  13 different types of commercial cultivation;  2 manufacturing licenses pertaining to non-volatile / volatile solvents used for processing;  1 license for testing;  1 license retail sales;  1 license for wholesale distribution;  1 license for what is considered a “microbusiness” (small retail and cultivation not exceeding 10,000 sf in size). 26 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Similar to alcohol licensing by ABC, the state licensing proce ss for cannabis will provide regulations that help to ensure public safety and neighborhood compatibility. The State cannot issue licenses to applicants whose operations violate the provisions of any local ordinances or regulations. The minimum requirements to obtain a State license for a commercial operation include:  Originally, under Proposition 64, a license would not be issued to a business licensed as a retailer of alcoholic beverages; however, SB 94 changes that and will allow a license to be issued to an alcohol retailer.  A license will not be issued to a business that is within 600 -feet of a school, daycare, center, or youth center (a municipality may adopt a larger radius).  A license will not be issued if the business violates any local ordinance o r State regulations in effect prior at the time or prior to license issuance. The proposed ordinance will only allow for testing facilities within the City limits, in certain non-residential zoning districts. All commercial cannabis activities would be prohibited within all Agriculture and Residential Zoning Districts (A, RS, RSF, LSF, RMF), and all Public Zoning Districts (P,OS,L). The City Council may elect to allow additional uses within zoning districts over time, and the ordinance is written in a fashion to allow such code updates in the future as the industry matures and issues such as taxation and banking can be resolved. Land Use Definitions The list of land use definitions has been refined to reflect the uses that would be accommodated in the City. These definitions include the following:  Accessory Structure*  Cannabis  Cannabis Canopy  Commercial Hoop Structure  Cannabis Green House  Cannabis Testing Facility  Cannabis Commercial Cannabis Activity  Cultivation  Day Care Center*  Full Enclosed Structure* *Denotes definition specifically for the purposes of this section  Indoor Cultivation  Outdoor Cultivation  Private Residence  Retail Cannabis Delivery Center  School*  State Cannabis Law  Youth Center* 27 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Personal Cultivation Per the direction of the City Council and the Planning Commission, City Staff is proposing the following personal cultivation regulations on residential properties. At the August 29, 2017 Study Session, Staff discussed the option of an exception to allow a maximum of 15 plants on a property through an Administrative Use Permit. Staff and its legal team reviewed the proposed exception to ensure consistency with State law. State law (MAUCRSA) allows for a licensing exemption of six (6) plants or less. The cultivation of more than 6 plants would be considered commercial cultivation, and would require a license from the State of California. The City Council and the Plann ing Commission gave clear direction that commercial cultivation would be prohibited in residential zones. Therefore, staff is recommending keeping a 6 plant limit with no exceptions. Personal – Indoor Cultivation for Adult and Medical Cannabis Regulation Type Within a Residential Unit Within A Fully Enclosed Accessory Structure Maximum Number of Plants Allowed 6 Plants 6 Plants Allowed In Bedrooms no no Max Space Allowed to cultivate plants 120 Square Feet 120 Square Feet Property Owner Consistent Required Required Personal – Outdoor Cultivation for Adult and Medical Cannabis Regulation Type Outdoor Regulations Maximum Number of Plants Allowed 6 Plants Max Space Allowed to cultivate plants 240 Square Feet Visible from Public Right-of-Way no Completely screened with neighborhood compatible fencing  Barbwire, razor wire fencing, chain-link fencing, plywood, and unfinished materials allowed for fencing types no Maximum Fence height 7 feet Setback from rear / side property line 15 feet Setback from adjacent residences 25 feet Setback from public right-of-way 25-feet Allowed in the front yard setback no Property Owner Consistent Required Additional regulations applicable to both indoor and outdoor personal cultivation of medical and adult cannabis include: 28 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero  Any modification to structures or land require compliance with the City’s adopted building codes (Currently the 2016 California Building Code);  The use of solvents such as gas products, butane, propane, natural gas is prohibited;  Regulations for waste disposal have been included per direction of the Planning Commission and the City Council. Commercial Operations Per direction from the City Council and Planning Commission, Testing Facilities will only be allowed through either an Administrat ive Use Permit (AUP) or Conditional Use Permit (CUP) in certain non-residential zones. Commercial cannabis activities are prohibited in all Agriculture and Residential zones, as well as, all Public zoning districts. The proposed ordinance contains existing standards for testing facilities that include the following:  Prohibition of on-site retail or wholesale sales to the public;  Testing facilities prohibited within 600-feet of schools, parks, and youth facilities;  Exterior signage is limited to 15 square feet. Additionally, Medical and Adult cannabis deliveries will be permitted from services located outside of the City limits to individuals within the City. The following is proposed regulations for delivery services:  Delivery service must be State licensed;  Delivery service must obtain a business license within the City;  No advertising is permitted on the vehicle utilized for cannabis deliveries;  Delivery times limited to 7:00 am to 10:59 pm. Staff has included an application process and procedures, in add ition to, established application requirements for AUP / CUP for testing facilities. Additionally, City Staff includes the application approval, denial, findings, operational requirements and revocation procedures for commercial cannabis related establishments. Enforcement The City Council and Planning Commission provided direction on enforcement of the proposed regulations. In discussion with City legal staff, the State licensing and enforcement process will be the primary enforcement tool. Additionally, the City will be amending the Citywide code enforcement ordinance later this year and will include specific language that will pertain to cannabis. The goal is to have stiffer penalties for cannabis violations so that the industry can be steered towards the State policies. Taxation of Commercial Cannabis The City Council requested information on taxation and the potential to revisit the proposed ordinance, if measures were in place that taxed commercial cannabis operations. Various cities throughout the State have placed ballot initiatives to tax commercial cannabis sales, as well as, recover costs associated with inspections, etc. 29 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero These initiatives require voter approval for consistency with Proposition 218. The following is cursory survey of some of the 37 tax initiatives that were approved throughout the State in 2016: Municipality Gross Receipts Per Sq. Ft Tax Carson 18% on all cannabis sales $25 for cultivators subject to CPI Dixon 15% on all cannabis sales N/A Grover Beach 5% on medical cannabis 10% on Adult Use $25 up to 5,000 sf $10 addition sf for cultivators Subject to CPI Gonzales 5% firs the first 3 years Up to 15% after 3 years Up to $15 for the first 3 years for cultivators Up to $25 subject to CPI after 3rd year. Greenfield 10% on all cannabis sales Up to $25 with CPI King City N/A $25.00 per square foot for the first 5,000 square feet $10.00 per square foot thereafter for cultivation; not to exceed $5.00 per square foot for nurseries; $30,000.00 each for manufacturing and testing facilities; and may be adjusted annually by CPI; Coalinga N/A $25 for the first 3,000 sf $10 for the remaining sf thereafter Santa Barbara Up to 20% on all sales, manufacturing, cultivation, etc. N/A Salinas 5% the first 3 years 10% thereafter $15 per sf for canopy area for the first three years $25 per sf of canopy area thereafter, adjusted for CPI for all cultivators Generally, the City Council has many options for the direct taxation of the cannabis industry:  Tax the total amount of gross receipts for all industries, including testing labs. This would be on top of taxes collected by the State, and sales tax for adult use of cannabis; 30 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero  Tax the total amount of gross receipts for dispensaries, retail outlets, and distribution centers.  Tax cultivation, manufacturing, nurseries, etc. on a square foot basis for the entire building, regardless of how many plants on the premise;  Tax cultivation based on “canopy” area, which would be the area for which cultivation occurs, and omits areas utilized for pro cessing, bathrooms, breakrooms, offices, etc. Some municipalities have placed flexibility in their taxations, including the use of percentages that increase over time, have a cap, or are phased in. These approaches are based on economic decisions to gain market share on the cannabis industry with competing municipalities. The type, rate, and percentages are decisions that the City Council will need to weigh in and direct Staff on creating a potential taxation ordinance. In speaking with the San Luis Obispo Clerk-Recorder’s office, the City would have to follow this general timeline to place a cannabis taxation measure on the November 2018 General Election Ballot:  Authorize Staff to craft a draft Ordinance no later than February 2018 to tax cannabis operations;  No later than May 2018, authorize placement of a cannabis tax measure on the November 2018 General Election ballot for consideration by Atascadero residents. If approved, the City council would be authorized to enact a tax on commercial cannabis businesses that may be established within the City limits;  No later than July 2018, City Staff would complete an impartial analysis, arguments for, against, proposed cannabis commercial tax;  Complete a public inspection period of the impartial analysis, and a rguments for and against the ordinance, and accept and/or draft rebuttal arguments;  Submit to the Clerk-Recorder Office ballot initiatives, analysis, arguments for and against, and rebuttals no later than August 11, 2018 (tentatively scheduled)  Election to be held on the taxation initiative on the November 6, 2018 General Election (Gubernatorial Election / Mid-Term election). Most if not all cities will have elections. If the City Council decides to put such an initiative on the General Election ballot, the cost involved would be nominal and involve the additional pages for initiative information, and arguments contained in the voter information guide when compared to holding a special election. Additional considerations to raise is whether a potential tax would be a “general fund” tax, which requires a simple majority of voters, or a “specific” tax, which requires 66.7% (2/3’s) of residents if the Council wants to direct funds to a specific program such as transportation, crime prevention, etc. Initiatives that proposed revenue generated from taxation of cannabis-related activities that would be directed to specific municipality funds, such crime prevention programs, early childhood education, etc. fell short of the 31 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero super majority required for municipalities that attempted this type of ballot initiative in 2016. Banking and Cannabis Because the manufacturing, distribution, and dispensation of cannabis remains illegal under the Federal Controlled Substance Act (CSA), banks and other financial institutions providing services to cannabis-related businesses risk violation of federal anti-money laundering statutes, the unlicensed money-remitter statute, and the Bank Secrecy Act (BSA). Financial institutions risk criminal liability for engaging in certain financial and monetary transactions with the proceeds of a “specified unlawful activity” and for failing to identify or report financial transactions that involve the proceeds of cannabis-related violations of the CSA. In 2014, the Financial Crimes Enforcement Network (FinCEN) issued guidance clarifying due diligence expectations and reporting requirements for financial institutions that wished to provide services to cannabis-related industries. The U.S. Department of Justice (DOJ) also issued a guidance memo clarifying the focus of its enforcement efforts. Neither of these issuances, however, provide financial institutions with any safe harbors or legal defenses from examination or regulatory or criminal enforcement actions brought by the DOJ, FinCEN, or other federal regulators. While the DOJ memo notes that prosecution may not be appropriate if a financial institution offers services to a cannabis-related business whose activities do not implicate any of the priority factors that it has identified, it nevertheless also clearly states that the guidance “does not alter in any way the Department’s authority to enforce federal law” and does not provide a legal defense to any civil or criminal violation of federal law. The guidance issued by the DOJ and FinCEN does not have the force of law and is subject to change at any time, particularly since these guidelines were crafted under a previous administration and the current administration has signaled a potential shift to enforcement of current cannabis regulations. Because of the high risk associated with cannabis -related transactions, many financial institutions will not take on accounts associated with cannabis -related commercial activities. There are a few smaller banks that are taking the risk and following the guidance set up by the FinCEN and DOJ, however, these banks charge fees to recover costs such as compliance with these regulations. This is the primary reason the cannabis industry remains an “all cash” enterprise. With the amount of cash in and around the industry, finding ways to deposit, pay taxes, and transport cash becomes a potential for criminal activities. The State of California has recognized this as a major issue and obstacle to implement Adult and Medical cannabis use. The State Treasurer has convened a “Cannabis Banking Working Group” to formulate how to handle the taxation and the banking of billions of dollars of transactions that will take place in California. A potential solution that has been floated is the idea of a State run public bank. A similar bank, the Bank of North Dakota, is the only publicly owned bank in the country, was initially set -up to aid 32 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero farmers in the State in the early 1920s. Deposits are insured by the State itself, removing all federal oversight, thereby side-stepping federal banking rules and guidance. There are pro’s and con’s to such an idea, however, the State of California has not signaled whether it would embark on such a concept. Credit card companies follow the same set of regulations as financial intuitions. T hese companies refuse to process transactions with cannabis -related industries. Some businesses have established “work arounds” where cannabis patients may purchase products online via a website and are “re-directed” to a website for payments that are either a subsidiary or associated with the cannabis related businesses to process the credit card transactions. Additionally, some cannabis business have resorted to creating limited liability companies and other non-cannabis businesses to place cannabis related transactions within financial institutions. Currently, a company operating out of Colorado has created an application to accept debit or Automated Clearing House (ACH) secure transfer payment for an electronic funds transfer from cannabis consumers to cannabis businesses with accounts at certain financial institutions, within the State of Colorado, whom have signed up to participate in a “closed loop” system. The creators of this application, accessed from a mobile phone, wish to bring this system to California, however, banks would need to participate in the application and weigh risk with federal rules and guidelines. Ultimately, only a change in federal law can fix the banking system when it comes to cannabis. At this point, cannabis businesses are finding other creative ways to deal with the influx of cash in the industry and only time will tell whether their activities are sustainable. Conclusion: The proposed ordinance has been crafted with input from the City Council, Planning Commission and the public. The Planning Commission is making a recommendation to the proposed cannabis ordinance for the City Council’s adoption at its October 10, 2017 meeting. Because of the urgency attached to this action, City Staff is recommending that the Planning Commission recommend approval to the City Council. The Commission may also suggest changes that are in the spirit of the suggestions made at the Study Session. As this is an evolving industry, we are likely to revisit this ordinance next year as State licensing matures and we understand the enforcement, taxation, and other aspects. For now, it is important to have policies in place in advance of the January 1 st deadline. ENVIRONMENTAL DETERMINATION: This action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15061 (b)(3) that the activity only applies to projects which have a pot ential for causing 33 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero significant effect on the environment and is therefore exempt from CEQA. Additionally, the proposed ordinance has been analyzed by City Staff, for consistency with Section 15378, and the proposed ordinance has no potential for resulting in physical change in the environment, either directly or indirectly. The proposed ordinances will not result in any direct or indirect physical change in the environment because it does not involve an irrevocable commitment of resources by the City of Atascadero to the activity because this is considered a ministerial action. ALTERNATIVES: 1. The Planning Commission may make modifications to the proposed ordinance. Any proposed modifications should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the ordinance and may refer the item back to staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date is required. 3. The Planning Commission may recommend denial of the ordinance. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rational introduced and deliberated by the Planning Commission. 34 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENTS: 1. Article – Cannabis Businesses and Cash 2. Article – Should California Start Its Own Bank? 3. Draft PC Resolution 2017-A 35 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Cannabis Business and Cash PLN 2017-1633 36 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 37 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 38 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 39 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 40 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 41 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Should California Start Its Own Bank? PLN 2017-1633 42 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 43 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 44 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 45 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 46 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 47 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 48 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft PC Resolution 2017-A DRAFT PC RESOLUTION 2017-A AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, RECOMMENDING TO THE CITY COUNCIL, REPEALING SECTION 9-6.186, MEDICAL MARIJUANA FACILITIES, AND ESTABLISHING CHAPTER 17, CANNABIS ACTIVITIES & REGULATIONS, IN TITE 9 OF THE ATASCADERO MUNICIPAL CODE CANNABIS ACTIVITIES & REGULATIONS City of Atascadero (PLN 2017-1633) WHEREAS, an application has been received from the City of Atascadero to amend Title 9, Planning and Zoning, to implement provisions of the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) and certification of a Negative Declaration ("ND") for new regulations pertaining to cannabis regulations within the City of Atascadero; and 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 September 8, 2017, 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 September 19, 2017, 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. A. NOW, THEREFORE, the Planning Commission of the City of Atascadero does hereby resolve: 49 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 August 29, 2017 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: 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 a prohibition against commercial cannabis activities with the exception of testing facilities, 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 conforms with the latest adopted general plan for the City in that a personal cultivation of no less than six (6) plants on residential lots, as an accessory use, 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. 3. The proposed Ordinance is in the interest of the public health, safety, and welfare and will protect the City from the adverse impacts and negative secondary effects connected with these activities. SECTION 3: APPROVAL. The Planning Commission approves PC Resolution 2017-A recommending that the City Council approving the following Title 9 Zoning Ordinance Amendments: A. Repeal section 9-6.186, Medical Marijuana Facilities; and B. Adopt the proposed Ordinance which is attached hereto and incorporated herein by reference as Exhibit A as a new chapter within Title 9 of the Atascadero Municipal Code. 50 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 Duane Anderson Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary 51 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHITBIT A: Chapter 17 – Cannabis Activities & Regulations Chapter 17 Cannabis Activities & Regulations 9-17.001 Title. This chapter shall be known as the Cannabis Regulations of the City of Atascadero. 9-17.002 Purpose and Intent. (a) Purpose. It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) and to provide access to adult-use of cannabis for persons over the age of 21 as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act (“AUMA” or “Proposition 64” passed by California voters in 2016), while imposing sensible reasonable regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution and transportation of medicinal and adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Atascadero and to enforce rules and regulations consistent with state law. (b) Non-conflicting Enactment. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or federal law. (c) Additional Provisions. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county, or other law. 9-17.003 Definitions. For the purposes of this chapter, the following definitions shall apply. (a) Accessory Structure. An accessory structure is a detached structure, with a “u” occupancy that is accessory to and subordinate to the primary residential use. (b) Cannabis. “Cannabis” shall have the meaning set forth in Business and Professions Code section 26001(f), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. (c) Cannabis Canopy. All areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e. stacking of plants), whether contiguous or noncontiguous on any one site. Cannabis Canopy” shall be measured by taking the longest length and widest 52 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero width of existing plants (including all gaps and open areas between plants) and multiplying the length and width to get square footage. (d) Cannabis Greenhouse. A fully enclosed permanent structure that is clad in transparent material. Cannabis cultivation within an enclosed, non-transparent greenhouse is considered indoor cultivation. (e) Cannabis Hoop Structure. A readily removable plastic covered hoop structure without in-ground footings or foundations, which are not more than 12 feet in height and do not have vertical sides that exceed 4 feet in height. Cannabis hoop structures are accessory uses on residential land use categories which shall not exceed 120 square-feet. Cannabis cultivation within hoop structures is considered outdoor cultivation. (f) Cannabis Testing Facility. A facility, entity, or site that offers or performs testing of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state, and registered with and licensed by the California State Department of Public Health. (g) Commercial Cannabis Activity. “Commercial cannabis activity” shall have the meaning set forth in Business and Professions Code section 26001(k), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided in MAUCRSA (Business and Professions Code sections 26000 et seq.) and for which a state license is required. (h) Cultivation. “Cultivation” shall have the meaning set forth in Business and Professions Code section 26001(l), which includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (i) Day Care Center. “Day care center” shall have the same meaning as Health and Safety Code section 1596.76, which any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers. (j) Fully Enclosed Structure. A fully enclosed space within a building or separate structure that complies with the California Building Code (CBC), as adopted by the City of Atascadero, or if exempt from the permit requirements of the CBC, that has a complete roof, foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, and non-transparent walls on all sides. (k) Indoor Cultivation. Cultivation, as defined in subsection h, of this section, within a fully enclosed structure, as defined in subsection j, of this section. (l) Outdoor Cultivation. Any location within the City of Atascadero that is not within a fully enclosed structure, or cannabis green house, as defined in subsection d of this section. (m) Personal Cultivation. Cultivation of cannabis at a private residence, as defined by subsection n of this section, for non-commercial cannabis activities, which is defined in subsection g. 53 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (n) Private Residence. A house, apartment unit, mobile unit, or other similar dwelling unit that is legally permitted within the City of Atascadero, and is considere d a residential occupancy type in the California Building Code, as adopted by the City of Atascadero. (o) Retail Cannabis Delivery Center. A “Retail Cannabis Delivery Center” is a facility from which deliveries of cannabis and/or cannabis products originate pursuant to orders placed by customers inside and/or outside the City. (p) School. A private or public educational facility providing instruction in kindergarten or grades 1 through 12. (q) State Cannabis Laws. “State Cannabis Laws” shall mean and include California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); California Health and Safety Code Sections 26000 through 26211 (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); California Health and Safety Code Sections 26220 through 26231.2; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the state of California. (r) Youth Center. “Youth center” shall have the same meaning as Health and Safety Code section 11353.1, which includes any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. 9-17.004 Personal Cannabis Cultivation. The following regulations pertain to the personal cultivation of cannabis at a private residence. (a) All cannabis cultivation is prohibited within the City except no more than six (6) living cannabis plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. In no instance may personal cultivation occur on vacant property. (b) Indoor Cultivation Regulations. Indoor cultivation on residential properties is subject to the following regulations: (1) Indoor cannabis cultivation shall only occur inside a private residence or an accessory structure to a private residence that is fully enclosed and secured against unauthorized entry. (2) Sleeping Rooms within Residential Occupancies. Indoor cultivation may not occur inside rooms designed for sleeping. Sleeping rooms are defined by the California Building Code for residential occupancies. 54 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (c) Outdoor Cultivation. Outdoor cultivation on residential properties is subject to the following regulations: (1) Visibility. Outdoor cannabis cultivation shall not be visible from public rights- of-way or neighboring properties. (2) Screening. Outdoor cannabis cultivation must be completely screened with permanent fencing. Fencing must be compatible with the neighborhood and be constructed of wood pickets, block, or other typical fencing materials. (3) Prohibited Fence Types. Electrical fencing, razor wire fencing, chain link fencing, barbwire, plywood, and unfinished materials. Shade cloth, plastic, plywood, OSB, and other temporary screening materials shall not be allowed. (4) Fencing Height. Fencing for screening of outdoor cannabis cultivation must not exceed seven (7) feet in height, measured from natural grade. Additional plastic or other materials attached, suspended, or supported beyond the seven (7) foot height limitation shall be prohibited. (d) Setbacks. Personal cannabis cultivation shall be subject to the following setback requirements: (1) Property line. Cannabis greenhouses, cannabis hoop-structures, and all outdoor cannabis cultivation must be located 15 feet or more from the edge of property lines. (2) Distance from Adjacent Residences. Cannabis greenhouses, cannabis hoop- structures, and all outdoor cannabis cultivation must be located 25 feet or more from the nearest adjacent residence. (3) Front Yard Setback. No cannabis cultivation may occur within a designated front yard setback. (e) Total Coverage of Personal Cannabis Cultivation. (1) Indoor Cannabis Cultivation. Indoor cannabis cultivation shall not take up more than 120 square feet of indoor residential space. (2) Outdoor Cannabis Cultivation. Outdoor cannabis cultivation shall not take up more than 240 square feet of cannabis canopy coverage. (f). Property Owner Consent. Where a private residence is not occupied or inhabited by the owner of the residence, the owner of the property must provide written consent expressly allowing cannabis cultivation to occur at said private residence. (g) Applicability of Adopted Building Codes. All personal cannabis cultivation at a private residence shall comply with applicable Building Code requirements set forth in the Atascadero Municipal Code Title 8. (h) Use of Solvents. There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on a property for purposes of cannabis cultivation. 55 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (i) Waste Disposal. The following regulations apply to the disposal of cannabis waste on residential property: (1) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. (2) Cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least 50 percent non-cannabis waste. 9-17.005 Commercial Cannabis Activities. All commercial cannabis activities are prohibited unless specifically allowed in this Table 17-1. It shall be unlawful for any person to commence, operate, engage in, to conduct, or carry on (or to permit to be commenced, operated, engaged in, conducted or carried on) in or upon any property located within the City a commercial cannabis activity unless that person does so in strict compliance with State Cannabis Laws, this section, and all applicable Municipal Code provisions. (a) Table 17-1 identifies the uses of commercial cannabis activities that are permitted in non-residential districts, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Table 17-1 – Commercial Cannabis Use Table Allowed Land Uses and Permit Requirements Non-Residential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required (Major) AUP Administrative Use Permit Required  Not Permitted Use Permitted Uses By Zones CN CP CR CS CT CPK DC DO IP I Commercial Cannabis Activity Testing Facility CUP CUP AUP AUP AUP AUP 9-17.006 Commercial Cannabis Activities Development Standards. (a) Cannabis Testing Facilities. The following are development standards for cannabis testing facilities: (1) On-Site Sales. Retail or wholesale sales to the public are prohibited. (2) Distance. Cannabis testing facilities shall be prohibited within 600 feet of schools, parks, and youth centers. (3) Signage. Signage shall be limited to 15 square feet in size. (b) Cannabis Deliveries. The following standards apply to Cannabis delivery services located outside the incorporated City Limits of the City of Atascadero: (1) Deliveries within Incorporated City Limits. State-licensed Retail Cannabis Delivery Centers located outside the City may personally deliver cannabis and cannabis products to individuals within the City, provided that such deliveries are in strict compliance with State Cannabis Laws and have obtained a business license tax certificate and paying the applicable business license tax under Municipal Code Chapter 3-5. 56 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (2) Vehicle Advertising. Vehicles used in the delivery process must be unmarked without any designation or logo that identifies the vehicle as a cannabis delivery vehicle. (3) Delivery Times. Cannabis and cannabis product deliveries within the City may not occur between 11:00 p.m. and 7:00 a.m. 9-17.007 Commercial Cannabis Application and Procedures. (a) Application Requirements. Any person applying for an AUP or CUP for a cannabis testing facility, as allowed under this chapter, must submit the following information with their application: (1) The name of the proposed cannabis testing facility including, if applicable, the name on file with the California Secretary of State and any fictitious business names and/or DBA’s. (2) The location of the proposed cannabis testing facility (must comply with the zoning and location restrictions set forth above). (3) The names, addresses, and contact information for each owner of the proposed cannabis testing facility. (4) If the proposed cannabis testing facility is incorporated, the names, titles, addresses, and contact information of each corporate officer, the name, address, and contact information of the agent for service of process, a certified copy of the articles of incorporation, and copy of the bylaws. (5) If the proposed cannabis testing facility is a partnership, the names, addresses, and contact information for each partner and the agent for service of process. (6) The name and contact information for each manager of a proposed commercial cannabis business, establishment, or facility. If such information is not available at the time the application is submitted, the proposed commercial cannabis business, establishment, or facility shall submit such information to the Community Development Department as soon as it becomes available. (7) For each owner, corporate officer, partner, manager, employee, or volunteer, a criminal history (“LiveScan”) prepared not more than two weeks prior to the date of submitting the application demonstrating that there are no pending charges or convictions for any crime (including, without limitation, theft, fraud, deceit, or assault) within the previous ten years, and that the subject is not currently on parole or probation for the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance. For each owner, corporate officer, partner, manager, employee, or volunteer who becomes part of a cannabis testing facility after the required permit is issued, the cannabis testing facility must submit the required criminal history to Community Development Department within two weeks of the new owner, corporate officer, partner, manager, employee, or volunteer joining the operation. (8) A site plan and operations plan that demonstrate how the proposed cannabis testing facility has already complied or will comply with the requirements of this chapter. 57 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (9) A copy of all required permits and certificates under Title 8 (Buildings Code) of this Code or an acknowledgment that the proposed cannabis testing facility will obtain all required permits and certificates under Title 8 prior to its opening, establishment, operation, and/or commencement. (10) The name, address, and contact information for the owner of the property on which the proposed cannabis testing facility will be located. (11) An agreement signed by the owner of the property on which the proposed cannabis testing facility is located consenting to use of the property as a cannabis testing facility and agreeing to indemnify, defend (with an attorney selected by the city), and hold harmless The City of Atascadero from any claims, damages, legal or enforcement actions arising from the use of the property as a cannabis testing facility. (12) Any supplemental information requested by the Community Development Director or their designee to establish compliance with the requirements of this chapter. 9-17.008 Commercial Cannabis Application Approval or Denial of Entitlement. (a) Criteria for Issuance or Denial of Permit. In addition to the criteria for land use permits set forth in this Title, the Planning Commission, or the City Council on appeal, shall consider the following criteria in determining whether to grant or deny a land use permit for a cannabis testing facility: (1) That the proposed location of the cannabis testing facility is not identified by the City Chief of Police, or their designee, as an area of increased or high crime activity. (2) For those applicants who have operated other businesses within the City, that there have not been significant numbers of calls for police service, crimes or arrests in the area of the applicant’s other business. (3) That the location is not prohibited by the provisions of this section or any local or state law, statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that compliance with other applicable requirements of the City’s Zoning Ordinance will be accomplished. (4) That the operations plan and site plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements section. These f eatures may include, but are not limited to, security on-site; procedure for allowing entry; openness to surveillance and control of the premises; the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. (5) That all reasonable measures have been incorporated into the operations plan and site plan or consistently taken to successfully control and/or prevent disturbances, vandalism, traffic problems, cannabis use in public, public or private nuisances, or interference in the operation of another business. 58 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (6) That the cannabis testing facility is likely to have no potentially adverse effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a specific neighborhood, or contribute to a public nuisance. (7) That any provision of the Municipal Code or condition imposed by a City- issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws, will not be violated. (8) That the applicant has not made a false statement of material fact or has omitted to state a material fact in the application for a permit. (9) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices with respect to the operation of another business. 9-17.009 Commercial Cannabis Operational Requirements. (a) Operational Requirements (1) A cannabis testing facility permitted under this section may only operate between the hours of 7:00 a.m. and 8:00 p.m. (2) A cannabis testing facility permitted under this chapter must comply with all applicable State Cannabis Laws. (3) A cannabis testing facility permitted under this chapter must comply with all applicable provisions of Title 8 of this Code. (4) A cannabis testing facility permitted under this section may not employ any person who is not at least 18 years of age. (5) A cannabis manufacturer permitted under this section shall not conduct or engage in the commercial or retail sales of any cannabis or cannabis products on the premises of the cannabis manufacturer. (6) No cannabis cultivation may occur on the property of a cannabis testing facility permitted under this chapter. (7) A cannabis testing facility permitted under this chapter may not allow or permit the use, inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products on the property of the commercial cannabis activity, including in the parking areas of such property. (8) Criminal Background Requirements. (i) No person who is currently charged with or has been convicted within the previous ten years of a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance, shall be an owner, corporate officer, partner, manager, employee, or volunteer of a cannabis testing facility permitted under this chapter. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendre or no contest. 59 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (ii) Prior to commencing any work within or on behalf of a cannabis testing facility permitted under this chapter, each owner, corporate officer, partner, manager, employee, and volunteer must complete a current criminal history background check that demonstrates compliance with subsection (g)(13)(i). Each criminal history background check must be updated every 12 months. (iii) A cannabis testing facility permitted under this section shall maintain a complete register of each owner, corporate officer, partner, manager, employee, and volunteer working for and/or associated with the cannabis testing facility, including a copy of each required criminal history background check. The register and required records must be made available for inspection by any city officer or official for purposes of determining compliance with this chapter. (iv) A cannabis testing facility permitted under this chapter shall notify the city in writing of any disqualifying conviction described in subsection (g)(13)(i) for an owner, corporate officer, partner, manager, employee, or volunteer within 10 days of the conviction. (v) A cannabis testing facility permitted under this chapter may submit to the Police Chief a written request for a waiver of the prohibition in subsection (g)(13)(i) with regard to a particular owner, corporate officer, partner, manager, employee, or volunteer, on the ground that such person’s involvement with the cannabis testing facility will not pose a threat to public safety. The Police Chief, in his or her unfettered discretion, may deny such a written request, subject to the appeal procedures set forth in Municipal Code sections 1-2.13 through 1-2.16. (9) A cannabis testing facility permitted under this chapter shall provide the name, phone number, facsimile number, and e-mail address of a manager or representative who can be reached 24 hours a day in the event that the city decides to provide notice of an operating problem associated with the cannabis testing facility. (10) Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with federal, state and local laws, regulations, rules or other requirements. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent non-cannabis waste. (11) A cannabis testing facility permitted under this chapter must pay any applicable taxes pursuant to federal, state, and local law. (12) A cannabis testing facility permitted under this chapter shall provide a secured storage area on-site. All cannabis and cannabis products shall be stored in this area during non-business hours. 9-17.010 Suspension and Revocation of Entitlement. (a) Suspension and Revocation: (1) Authority to Suspend or Revoke. Any permit issued for a cannabis testing facility may be suspended or revoked by the Planning Commission if it shall appear to the Commission that the permittee has violated any of the requirements of this chapter or the 60 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Municipal Code, the permittee is operating in a manner which violates the operational requirements or operational plan required by this chapter, the permittee is operating in a manner which constitutes a nuisance, the permittee’s state license under MAUCRSA has been suspended, revoked, or terminated, or the permittee is operating in a manner which conflicts with state or federal law. (2) Annual Review of Permitted Cannabis Testing Facilities. The Community Development Department and the Police Department are hereby authorized to conduct an annual review of the operation of each permitted cannabis testing facility within the City for full compliance with the operational, recordkeeping, nuisance and all other requirements of this chapter. A fee in an amount established by resolution of the City Council may be established in order to reimburse the City for the time involved in the annual review process. The staff may initiate a permit suspension or revocation process for any cannabis testing facility which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis testing facility, place on a Planning Commission meeting agenda, a proposal to suspend or revoke a cannabis testing facility permit. (3) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by the Planning Commission under the authority of this section until written notice of the intent to consider revocation or suspension of the permit has been served upon a permittee at least 10 days prior to the date set for such review hearing. Such revocation or suspension notice shall state the specific reasons for the proposed suspension or revocation and must have been provided to the permittee in writing prior to the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the permittee, or by depositing such notice in the U.S. mail in a sealed envelope, postage prepaid (via regular mail and return receipt requested), addressed to the person to be notified at his or her address as it appears in his or her application for a permit. 9-17.011 Enforcement. The City may enforce this chapter in any manner permitted by law. Any violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief. 61 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHITBIT B: CEQA Exemption CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062 Project Title ADULT AND MEDICAL USE CANNABIS REGULATIONS Project Location (Include County) Citywide, Atascadero, CA 93422 (San Luis Obispo County) Project Description This action consists of proposed Zoning Ordinance Text Amendments to Title 9 Planning and Zoning Code to the following sections:  Repeal Section 9-6.186, Medical Marijuana Facilities  Add Chapter 17, Adult and Medical Use Cannabis Regulations. Name of Public Agency Approving Project City of Atascadero Name of Person or Agency Carrying Out Project Community Development Department, City of Atascadero Exempt Status: Reasons why project is exempt: City Staff is proposing regulations for the personal cultivation of adult use and medical cannabis on residential properties for a maximum of six (6) plants for either indoor or outdoor cultivation. Ordinance includes provisions for screening, setbacks, as well as the area for proposed cultivation. Zoning Ordinance provisions such as noise, lighting, etc. are still applicable. Personal cultivation activities are considered an ancillary use and is exempt from CEQA activities, specifically section 15303, small structures, for accessory structure construction for 62 ITEM 4 | 09/19/2017 Adult and Medical Use Cannabis Regulations PLN 2017-1633 / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero use of indoor cultivation purposes, as well as section 15304 of the CEQA guidelines, minor alterations to land, for outdoor cultivation, as the activity is considered private alteration to land for agriculture purposes. Additionally. Staff is proposing the allowance of a Cannabis Testing Facility within certain non- residential zoning districts with approval of either an Administrative Use Permit (AUP) or a Conditional Use Permit. Because of the multiple sites that may be available for this use, and no applicant has come forward with the potential use, it is speculative to determine what, if any, environmental impacts will be created. Environmental Review will be completed as entitlement applications are submitted. Based on the provided analysis, California Environmental Quality Act (CEQA) (Section 15061.(3)(b) Review for Exemption exempts activities which are covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment is hereby declared for the following zoning ordinance amendments. Date: September 14, 2017 ______________________________________ Alfredo R. Castillo, AICP Associate Planner 63