Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Holly Greene, Chairperson Brad Kime, Vice-Chairperson • John Williams • Mike Muldoon • Ray Altman Incorporated April 13, 1854 web: www.crescentcity.org Special Meeting Thursday, May 17 at 5:30 p.m. Board Chambers, 981 “H” Street, Suite 100, Crescent City, CA MINUTES I. CALL TO ORDER/ROLL CALL Vice-Chair Brad Kime called the meeting to order at 5:30 p.m. Commission Members present: Vice-Chair Brad Kime, Commissioner John Williams, Commissioner Mike Muldoon, and Commissioner Ray Altman Commission Member absent: Chair Holly Greene Staff present: Community Development Director Eric Taylor and City Clerk/Administrative Analyst Robin Patch in for Planning Secretary Elizabeth Williams II. PUBLIC COMMENT: The following citizens addressed the Commission: Robert DeRego, County resident: wants to open a dispensary in the City limits, however, the business location they were looking to use prohibits this use. It was said the property is in the Coastal Zone, however, he feels it is not; would like the Commission to reconsider. III. APPROVAL OF MINUTES: Approval of the minutes of the April 13, 2018 regular meeting. On a motion by Commissioner Altman, seconded by Commissioner Williams, and carried unanimously, with Chair Green absent, the City of Crescent City Planning Commission and Architectural Review Committee approved the minutes from the regular meeting of April 13, 2018, as presented. Chair Holly Greene arrived to the meeting at 5:34 p.m. 1 IV. CONSENT CALENDAR: These items are routine in nature, are consistent with the Crescent City General Plan, Municipal Code, and State Government Code, are exempt from the California Environmental Quality Act, and are recommended for approval. Action on all items in the Consent Calendar will be taken without discussion by a single motion, unless a Commissioner, staff or member of the public requests that an item be removed from the Consent Calendar for discussion. A. No Items The following item was moved forward in the agenda: VII. NEW BUSINESS: A. Presentation by Amber Wier, Health Education Coordinator, Tobacco Use Prevention Program Coordinator Amber Wier stated it is their intention to have sandwich board signs for Community Smoke Free Events. Ms. Wier introduced Dr. Tracy Cole, who addressed the Commission and reported that it is necessary to clarify what the term “smoke free” involves. This includes not only tobacco, but vapes and marijuana. Director Taylor asked the Commission for consensus to have the sandwich board signs out for public events; Chair Greene asked if this was to purchase them; Coordinator Wier stated they would be provided at no cost by the Tobacco Use Prevention Program. She further stated that by having the sandwich boards, it would eliminate the need for law enforcement to come and respond to an ordinance violation. Vice-Chair Kime stated that if it is already a smoke-free event, the choice of signs doesn’t matter; Commissioner Muldoon likes option 2; Chair Greene asked about the public’s perception and Dr. Cole stated the public preferred option 2; and Commissioner Williams likes the use of cannabis instead of marijuana. Chair Green asked if the word can be switched out and it was the consensus of the Commission to choose option 2 for the sandwich boards. V. PUBLIC HEARINGS: A. Project: Use Permit & Architectural review for a smoke shop/convenience store in the C-2 (General Commercial) District Applicant: Waleed Fayzi Site Address: 1180 Ninth Street APN: 118-480-03 Background & Project Description: The applicant is requesting a Use Permit and architectural review for a smoke shop /convenience store located a 1180 Ninth Street. 2 The subject location is developed with an approximately 6,000 sqft commercial building and parking lot. At one time the building was occupied by Dollar Tree however, since then the building has been vacant for several years. The subject property is located at the northwest corner of the intersection of Ninth Street and Highway 101. The applicant is not proposing any exterior modifications to the building. Director Taylor explained the item and the ordinance that requires a use permit, this will also require an architectural review. The project consists of a tobacco retailer, the initial application said, “smoke shop/convenience store” however after deliberation with the applicant, it will be mostly a smoke shop with lottery tickets for sale. This was initially introduced at the last Planning Commission meeting, and it was continued until tonight as more information from the applicant was being sought. There will be vaping pens, glass pipes, and accessories that will be sold here. This location is consistent with the land use condition and it is a principally permitted use. There is a requirement that the tobacco retailers secure a conditional use permit. The nearest youth center is 1000’ feet west which is the County Recreation Dept. For the Architectural Review, Director Taylor explained that this location will require 60 parking spaces, however, the store will only occupy 250 square feet. Therefore, this would allow for 24 parking spaces, providing spaces that are ADA compliant. Director Taylor went over each item listed in the Conditions of Approval for this particular item listed as “Use Permit 18-01 & Architectural Review #AR18-02, 1180 Ninth Street, APN 118-480-03.” Director Taylor stated that the Commission could add conditions to this list if they choose to do so. Commissioner Muldoon asked how close Walgreens was; Director Taylor reported it is within 200-300 feet. Vice-Chair Kime asked if this place be in one of the zones for approval to sell cannabis once it is allowed; yes. Commissioner Altman asked if the current spaces are in compliance; Director Taylor stated that the striping is non-existent, therefore, it will need to be restriped, and the applicant has not submitted a striping plan. Vice-Chair Kime asked if the location currently have 24 stalls; Director Taylor stated it’s close to that number, although the striping is faded. He believes the applicant will be able to have enough spaces. Vice-Chair Kime stated that this place has been vacant for several years and is glad to see it being occupied. The following citizens addressed the Commission: Eric Ginther: another smoke shop on a main artery, it appears that this building was procured for another use in the future. Robert DeRego: it seems suspicious that it is a smoke shop, seems it is opening under a probable future use. Director Taylor addressed the concerns above by explaining the applicant already has a smoke shop in Eureka and Arcata. Vice-Chair Kime asked about some background on the other shops; Director Taylor stated that the name of the businesses are Discount Cigarettes and Cheaper Cigarettes for the Commission to look into their background. On a motion by Vice-Chair Kime, seconded by Commissioner Altman, and carried on a 4-1 polled vote with Commissioner Muldoon voting no, the Crescent City Planning Commission and 3 Architectural Review Commission approved the Use Permit & Architectural review for a smoke shop/convenience store in the C-2 (General Commercial) with all stipulations. B. Project: MCA17-01 Introduction of draft amendment to Chapter 17.93 Standards for Marijuana Applicant: City of Crescent City Background & Project Description: The City of Crescent City is proposing to amend Title 17 Zoning, Chapter 17.93 Standards for Marijuana, of the Crescent City Municipal Code by enacting standards for the regulation of personal grows as allowed by state law. The current ordinance is out of compliance with recent regulation enacted by the State of California. Director Taylor stated that this item is for personal grow for medicinal and personal use. Current state law allows every individual 6 plants (per household). Due to the size and density of the City, outdoor cultivation is not feasible. The ordinance before the Commission prohibits outdoor cultivation and limits it to indoor cultivation; limiting it to a residence or an accessory unit. The grow locations must be secured so children or anyone other than the cultivator have access to the structure. The Commission was in consensus to have Director Taylor go over the highlights of the ordinance; Director Taylor went over the findings of the Regulation for Cannabis Cultivation Personal Use. The City does not have staff to respond to grows that create odors that disrupt neighbors. No permit fees are being requested, so no revenue will be generated by the City. Vice-Chair Kime asked if our ordinance follow State law; Director Taylor stated that the standards are in the H&S codes, the ordinance before the Commission follows State law. The City can govern the outdoor cultivation, but not the indoor. Eric Diggler: glad the Commission is talking about personal grow; when will the rest of the process begin – Director Taylor stated this is the first step. Robert DeRego: feels the Courts will feel it is unreasonable to tell someone they can’t use the natural sun to use for their grow. The ventilation, etc will be too much for some people. Director Taylor gave two options for the Commission: take public comment, any suggested modifications to the ordinance, it can be brought back to the Commission or adopt a recommendation to forward this to the City Council. This is planned to come back before the Planning Commission on June 14th for approval. Vice-Chair Kime stated that this has been a long process, we need to move this along, vote on it and send to the City Council. On a motion by Vice-Chair Kime, seconded by Commissioner Muldoon, and carried unanimously on a 5-0 polled vote, the Crescent City Planning Commission and Architectural 4 Review Committee approved the draft amendment as presented for Chapter 17.93 Standards for Marijuana. VI. UNFINISHED BUSINESS: A. Presentation on the Pebble Beach Drive Pedestrian and Bicycle Improvement Project Applicant: City of Crescent City Site Address: Pebble Beach Drive from 6th Street to Preston Director Taylor reminded the Commission of Engineering Project Manager Sutterfield’s presentation; and that the preferred option of the community was option C. City Manager Eric Wier addressed the Commission and updated them on the project. Del Norte Local Transportation Commission (DNLTCo) approved $10k for this project and the next step is submitting a Request for Proposals (RFP). The City can now say that the Commission has heard the item and approves it along with the City Council. Vice-Chair Kime asked if this project alter the corner of 9th and Pebble Beach; City Manager Wier stated that yes, the veer off to the right will be eliminated, it will be turned into a “T” intersection. Commissioner Muldoon asked if there were any cultural considerations such as the burial spots; City Manager Wier explained that there will be an environmental review that will cover that; Director Taylor said the site has been vacated but more research will be done to verify. City Manager Wier reported to the Commission that the bank stabilization on Pebble Beach Drive is a separate project that has to go first, the City has received Emergency Relief funding of $5.2million for December storms; the pot of money has been increased to $20 million and is available to both Del Norte County and Mendocino. There were no public comments. On a motion by Vice-Chair Kime, seconded by Commissioner Williams, and carried unanimously on a 5-0 polled vote, the Crescent City Planning Commission and Architectural Review Committee recommended option C of the Pebble Beach Drive Pedestrian and Bicycle Improvement Project. A letter of support will be drafted by staff and sent out. VIII. REPORTS, CONCERNS, REFERRALS: Director Taylor reported that Tractor Supply has come in, located at the old Ray’s Food Place building, and the Town House Motel project is moving along. City Manager Wier reported that he attended the CalTrans workshop – they are working on pedestrian walkway projects all along the highway corridor. He further reported that the Sunset Circle design is presently being done by Wahlund Construction. IX. ADJOURNMENT: 5 There being no further business to come before the Planning Commission, Chair Greene adjourned the meeting at 6:22 p.m. to the next regular scheduled meeting on June 14, 2018. ATTEST: _________________________________ Robin E. Patch City Clerk/Administrative Analyst in for Elizabeth Williams Planning Commission Secretary 6