Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Ray Altman, Chairperson Holly Greene, Vice-Chairperson • Brad Kime • John Wendt • Ray Walp Incorporated April 13, 1854 web: www.crescentcity.org Regular Meeting Thursday, November 12, 2020 at 5:30 p.m. VIRTUAL VIA ZOOM MEETINGS Due to the current public health emergency resulting from COVID-19, the public may access and participate in the public meeting using one or more of the following three methods:(1) participate online via Zoom–details to join the meeting will be on both the City of Crescent City–City Hall Facebook page as well as the City of Crescent Citywebsite (www.crescentcity.org); (2) watch the meeting via livestream on YouTube (Channel: City of Crescent City ,California)and submit comments viapubliccomment@crescentcity.org; or submit a written comment by filing it with the City Clerk at 377 J Street, Crescent City, California 95531 prior to 4:00 pm, November 12, 2020. If you require a special accommodation, please contact Heather Welton at (707) 458-4815. AGENDA I. CALL TO ORDER: ROLL CALL: II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: IV-A. Approval of the minutes of the August 13, 2020 Regular Meeting of the Crescent City Planning Commission and Architectural Review Committee. IV-B. Approval of the minutes of the October 8, 2020 Regular Meeting of the Crescent City Planning Commission and Architectural Review Committee. PLANNING COMMISSION AGENDA V. ARCHITECTURAL REVIEW: V-A. Conditional Use Permit Amendment for CAN 20-01A Fifth and Green Review the applicant’s request to amend their existing Conditional Use Permit (CAN 20- 01) that was approved by the Planning Commission on August 13, 2020 for a cannabis dispensary (storefront retail) and delivery service. The current application proposes a cannabis microbusiness that would include cannabis manufacturing (non-volatile) and distribution, in addition to the previously approved storefront retail and delivery service activities. All these activities would occur on the same premises in an existing building at 1611 Fifth Street (APN 118-100-024). VI. NEW BUSINESS: None. VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. IX. ADJOURNMENT: Adjourn to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday December 10, 2020 at 5:30 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531 POSTED: November 9, 2020 By: Heather Welton Office Technician PLANNING COMMISSION AGENDA  IV-A CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Ray Altman, Chairperson Holly Greene, Vice-Chairperson • Brad Kime • John Wendt • Ray Walp Incorporated April 13, 1854 web: www.crescentcity.org Regular Meeting Thursday, August 13, 2020 at 5:30 p.m. VIRTUAL VIA ZOOM MEETINGS Due to the current public health emergency resulting from COVID-19, the public may access and participate in the public meeting using one or more of the following three methods:(1) participate online via Zoom–details to join the meeting will be on both the City of Crescent City–City Hall Facebook page as well as the City of Crescent Citywebsite (www.crescentcity.org); (2) watch the meeting via livestream on YouTube (Channel: City of Crescent City ,California)and submit comments viapubliccomment@crescentcity.org; or submit a written comment by filing it with the City Clerk at 377 J Street, Crescent City, California 95531 prior to 4:00 pm, August 12, 2020. If you require a special accommodation, please contact Heather Welton at (707) 458-4815. Minutes I. CALL TO ORDER: Chairman Altman called the meeting to order at 5:30 pm. ROLL CALL: Commissioners Present: Chairman Raymond Altman, Vice- Chair Holly Greene, Commissioner Brad Kime, Commissioner John Wendt and Commissioner Ray Walp. Staff Present: City Manager Eric Wier, Public Works Director Jonathan Olson, Office Technician/Planning Secretary Heather Welton. SHN Contract planners Ethan Lawton & Garry Reese. II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). PLANNING COMMISSION AGENDA III. CONSENT CALENDAR: None. IV. APPROVAL OF MINUTES: None. V. ARCHITECTURAL REVIEW: V-A. Jody Mangum Use Permit The applicant owns and operates the Wellness Center Acupuncture Clinic previously located at 625 F Street. The applicant is requesting approval of a Conditional Use Permit to move the location of the business to her residence. The current location of the Acupuncture Clinic is shared with other tenants and has increased risk of spreading 2019 Novel Coronavirus (Covid-19). Moving the location of the business to the applicant’s residence will allow for proper sanitization and an overall increase in protective measures against Covid-19. The applicant proposes business hours between nine (9) AM and five (5) PM and anticipates a max of ten patients a day. Ethan Lawton, with SHN, gave a brief background and description of the proposed Use Permit. Chairman Altman opened public hearing at 5:35 pm. The following residents addressed the Commission: Vickie Dickie,City Resident- Submitted a letter read aloud by Director Olson. She spoke in favor of the Use Permit and said that Jody is a good neighbor. There was no further public comment. Jody Mangum, applicant, spoke about how she’s working with Public Health to keep Covid-19 operating procedures. Chairman Altman closed the Public Hearing at 5:37pm. On a motion by Vice Chair Greene seconded by Commissioner Kime and carried unanimously on a 5-0 polled vote the Crescent City Planning Commission and Architectural Review Committee approved Use Permit UP 20-04 with conditions of approval items 1-6 being met. V-B. Fifth & Green Conditional Use Permit #CAN 20-01 Fifth & Green Conditional Use Permit for a Cannabis Dispensary (Storefront Retail) and Delivery Service at 1607 Fifth Street. Chairman Altman opened public hearing at 5:39 pm. Garry Reese, with SHN, gave a brief background and description of the proposed Conditional Use Permit. PLANNING COMMISSION AGENDA Commissioner Walp recommended the applicants place their business sign on metal poles. Eric Guinther, applicant, said that the sign is going to have a timber frame so the wooden pole would look better with the aesthetics. The following residents addressed the Commission: Robert Derigo, County Resident- Said he owns Sticky Grove, a recreational cannabis business in the County limits. He welcomes competition but he’s concerned with one of the applicants. He was concerned with Eric Taylors previous participation in the original ban on cannabis in City limits. There was no further public comment Chairman Altman closed the Public Hearing at 5:47 pm. On a motion by Commissioner Walp seconded by Vice Chair Greene and carried unanimously on a 5-0 polled vote the Crescent City Planning Commission and Architectural Review Committee approved Conditional Use Permit CAN 20-01 with conditions of approval items 1-10 being met. V-C. Leos World Conditional Use Permit # CAN 20-02 Leo’s World Conditional Use Permit for a Cannabis Dispensary (Storefront Retail) at 265 L Street. Garry Reese, with SHN, gave a brief background and description of the proposed Conditional Use Permit. Chairman Altman opened Public Hearing at 6:10 pm. The following residents addressed the commission: Robert Derigo, County Resident- Spoke in support of the Conditional Use Permit. Gordon Pfeffer, City Resident- Submitted a letter, read aloud by Director Olson. He spoke in support of the Conditional Use Permit. There was no further public comment. Chairman Altman closed Public Hearing at 6:13pm. On a motion by Commissioner Kime seconded by Commissioner Wendt and carried unanimously on a 5-0 polled vote the Crescent City Planning Commission and PLANNING COMMISSION AGENDA Architectural Review Committee approved Conditional Use Permit CAN 20-02 with conditions of approval items 1-10 being met. VI. NEW BUSINESS: None. VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. IX. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Altman adjourned the meeting at 6:15 pm to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday, September 10th, 2020 at 5:30 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531 ATTEST: _______________________ Heather Welton, Planning Secretary/Office Technician PLANNING COMMISSION AGENDA  IV-B CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Ray Altman, Chairperson Holly Greene, Vice-Chairperson • Brad Kime • John Wendt • Ray Walp Incorporated April 13, 1854 web: www.crescentcity.org Regular Meeting Thursday, October 8, 2020 at 5:30 p.m. VIRTUAL VIA ZOOM MEETINGS Due to the current public health emergency resulting from COVID-19, the public may access and participate in the public meeting using one or more of the following three methods:(1) participate online via Zoom–details to join the meeting will be on both the City of Crescent City–City Hall Facebook page as well as the City of Crescent Citywebsite (www.crescentcity.org); (2) watch the meeting via livestream on YouTube (Channel: City of Crescent City ,California)and submit comments viapubliccomment@crescentcity.org; or submit a written comment by filing it with the City Clerk at 377 J Street, Crescent City, California 95531 prior to 4:00 pm, October 8, 2020. If you require a special accommodation, please contact Heather Welton at (707) 458-4815. Minutes I. CALL TO ORDER: Chairman Altman called the meeting to order at 5:30 pm. ROLL CALL: Commissioners Present: Chairman Raymond Altman, Vice- Chair Holly Green, Commissioner Brad Kime, Commissioner John Wendt. Commissioners Absent: Commissioner Ray Walp. Staff Present: City Manager Eric Wier, Public Works Director Jonathan Olson, Office Technician/Planning Secretary Heather Welton. SHN Contract planner Garry Reese. II. PUBLIC COMMENT: The public may address the Planning Commission on any item of interest that is within the Commission’s subject matter jurisdiction or that appears on the agenda. The Commission is not able to discuss extensively or act on any items that do not appear on the agenda. After receiving recognition by the Chairperson, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes or other reasonable limitations specified by the Chairperson on particular topics or individual speakers (Gov’t Code §54954.3(b)). III. CONSENT CALENDAR: There was none. IV. APPROVAL OF MINUTES: PLANNING COMMISSION AGENDA IV-A. Approval of the minutes of the July 2, 2020 Special Meeting of the Crescent City Planning Commission and Architectural Review Committee. On a motion by Commissioner Wendt, seconded by Vice Chair Greene and carried unanimously on a 4-0 polled vote, with Commissioner Walp absent, the Crescent City Planning Commission and Architectural Review Committee approved the minutes of the July 2nd,2020 Special Meeting. IV-B. Approval of the minutes of the September 10, 2020 Regular Meeting of the Crescent City Planning Commission and Architectural Review Committee. On a motion by Vice Chair Greene, seconded by Commissioner Kime, and carried unanimously on a 4-0 polled vote, with Commissioner Walp absent, the Crescent City Planning Commission and Architectural Review Committee approved the minutes of the September 10th ,2020 Regular Meeting. V. ARCHITECTURAL REVIEW: V-A. 101 M Street Dispensary INC. Use Permit Application CAN 20-04 Review 101 M Street Dispensary INC (formerly Three Leaf Corp.) Conditional Use Permit application # CAN 20-04 for an adult use Cannabis Dispensary (storefront retail) Chairman Altman opened Public Hearing at 5:34 pm. Garry Reese, with SHN, gave a brief description of application CAN 20-04. He stated that when the Public Notice was sent out the applicant had proposed the name of Three Leaf Corporation but has since changed the business name to 101 M Street Dispensary INC. which is noted in the staff report. Mr. Reese went over the parking requirements and stated that the applicant is requesting a parking reduction waiver of 5.5 off-street parking spaces versus the Municipal Code requirement of 10 off street parking spaces. The reason for the waiver request is the proposed business is a small retail use that is not anticipated to result in a substantial amount of traffic, the site is located within a commercial area of the City along Highway 101 and would not have impacts on neighborhoods, the business will only use a portion of the existing building and there is adequate on-street parking within 300 feet. The following residents addressed the Commission: Matt Fearing, City Resident- Submitted a letter, read aloud by Director Jonathan Olson. He strongly opposed the proposed Use Permit due to his business being adjacent to the proposed business location, fear of vandalism and activity that the proposed business can attract. He wanted the town to maintain its nice, welcoming appearance. John Dunsing, CAN 20-04 applicant, stated that vandalism is an unfortunate concern for all businesses and that he would be residing in the apartment upstairs of the proposed business. He went over the advanced security system that they will be installing. PLANNING COMMISSION AGENDA Michael Baxter- Spoke in support of the proposed Use Permit. He said that the applicant will light up the front entrance with security lights and might look into hiring night time security. There was no further public comment. Commissioner Wendt asked about the proposed sign that will be on the Highway 101 side that might interfere with a mural that’s on the building made in honor of Crescent City’s annual Sea Cruise car show. He asked if the sign could be moved slightly over as to not cover the mural. John Dunsing, applicant, said that he could eliminate the sign on the Highway 101 side and just use the other proposed sign. Commissioner Kime stated that having more businesses in town will be a benefit to the safety and security in the surrounding area. The parking waiver was discussed on a Commission level. Chairman Altman closed Public Hearing at 6:00 pm. On a motion by Commissioner Kime, seconded by Commissioner Wendt, and carried unanimously on a 4-0 polled vote, with Commissioner Walp absent, the Crescent City Planning Commission and Architectural Review Committee approved CAN 20-04 Conditional Use Permit with conditions of approval items 1-10 being met and the additional condition of only having one sign at the immediate corner of Front and M Street. VI. NEW BUSINESS: There was none. VII. REPORTS, CONCERNS, REFERRALS: In accordance with Gov’t Code §54954.2(a)(2), Planning Commissioners or staff may briefly respond to public comment, make brief announcements or reports, or ask questions for clarification. Planning Commissioners or the Commission may also direct staff to report back on any matter at a subsequent meeting or to place a matter of business on a future agenda. Director Jon Olson said that the City is moving forward on the Beachfront Park Master Plan. He said there will be a staff report coming to the Planning Commission soon to get theirs and the publics input. Director Olson said that there is currently a survey on City of Crescent City’s website with the multiple design choices. City Manager, Eric Wier, said the Beachfront Master Plan meeting that was held recently was a great meeting. He said that the public input survey will be on the website until October 12th. He spoke about Measure S and what all the measure would help if it passes. He said the Front Street Project is nearing completion and the Sunset Circle Project is going to begin soon. Mr. Wier spoke about the City Council Candidates’ Forum coming up on October 9th, 2020 and the upcoming Sea Cruise car show. PLANNING COMMISSION AGENDA IX. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Altman adjourned the meeting at 6:08 pm to the regular meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday, November 12, 2020 at 5:30 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531 ATTEST: _______________________ Heather Welton, Planning Secretary/Office Technician PLANNING COMMISSION AGENDA  V-A Crescent City Planning Commission November 12th, 2020 Staff Report Agenda Item# V-A Application #: CAN 20-01A Recommended Actions: Staff recommends that the Planning Commission take the following actions: A. Open the public hearing. 1. Receive a Staff Report on the Conditional Use Permit Amendment application. 2. Receive public comments on the Conditional Use Permit Amendment application. B. Close the public hearing. C. Adopt the Recommended Findings. D. Approve the Conditional Use Permit Amendment application subject to the attached conditions of approval and any additional conditions adopted by the Planning Commission at the public hearing. Project: Amendment of the Fifth and Green Conditional Use Permit for a Cannabis Dispensary (Storefront Retail) and Delivery Service (CAN 20-01) to allow a Cannabis Microbusiness Applicant(s): Fifth and Green (Eric Guinther and Eric Taylor) Site Address: 1607 Fifth Street APN: 118-100-024 General Plan Designation: General Commercial (GC) Zoning District: C-2 (General Commercial) Surrounding Zoning Districts: North – C-2 (General Commercial District) East – C-2 (General Commercial District) South – C-2 (General Commercial District) West – C-2 (General Commercial District) 1  Aerial Photo of Project Site Background & Project Description: Applicant Fifth and Green, represented by Eric Guinther and Eric Taylor, has submitted a Commercial Cannabis Application (CAN 20-01A) to amend their existing Conditional Use Permit (CAN 20-01) that was approved by the Planning Commission on August 13, 2020 for a cannabis dispensary (storefront retail) and delivery service. The current application proposes a cannabis microbusiness that would include cannabis manufacturing (non- volatile) and distribution, in addition to the previously approved storefront retail and delivery service activities. All of these activities would occur on the same premises in the existing building at 1607 Fifth Street (APN 118-100-024). For reference, the Crescent City Cannabis Ordinance defines a microbusiness as the following: “Cannabis microbusiness or microbusiness means a person licensed to conduct multiple commercial cannabis activities, as described in Business and Professions Code Section 26070.” Per State regulations, a microbusiness may act (in part or whole) as a retailer, distributor, manufacturer (Level 1), and cultivator (on an area less than 10,000 square feet). An applicant for microbusinesses must engage in at least three (3) of the following commercial cannabis activities: • Retailer or Retailer – Non-Storefront • Distributor or Distributor – Transport Only • Cultivation (less than 10,000 square feet) • Manufacturer (Level 1, Type 6) 2 Since the applicant is proposing to conduct storefront retail with a delivery service, manufacturing (non-volatile), and distribution activities, they would meet the City and State criteria for a microbusiness. It should be noted that although State law allows a microbusiness to have a cultivation area of up to 10,000 square feet, the Crescent City Cannabis Ordinance only allows up to 2,000 square feet of indoor cultivation area. The cannabis manufacturing activity proposed by the applicant would involve nonvolatile extraction including water/ice hash, rosin press extraction, and CO2 extraction onsite. The cannabis distribution activity proposed by the applicant will involve arranging for testing by a licensed testing facility, checking for appropriate packaging and labeling, collecting and remitting taxes, transporting cannabis and cannabis products, and potentially acting as a wholesaler. The manufacturing and distribution activities are described further in the Amended Operations Plan submitted by the applicant (see Attachment B). As shown on the Floor Plan provided with the Amended Operations Plan (see Attachment B), the manufacturing and distribution activities are proposed to be conducted within three additional rooms in the building that total approximately 700 square feet of floor space. To accommodate the proposed manufacturing and distribution activities, the applicant proposed the following improvements to the existing building: • Installation of a 4’ x 4’ mantrap at the entrance to the portion of the building that will be used for the manufacturing and distribution activity (see Floor Plan in Attachment B). A mantrap is a required security feature pursuant to Municipal Code Section 17.95.060(C)(16)(iii) for cannabis facilities engaging in nonvolatile manufacturing. A mantrap is a small room with an entry door on one wall and an exit door on the opposite wall. Mantraps are used to separate non-secure areas from secure areas to prevent unauthorized access. • The existing door to the proposed distribution/office space will be removed to accommodate the mantrap and a new door will be added in the proposed packaging room to provide access to the distribution/office space. • New vinyl flooring will be installed for cleanliness. • A stainless-steel sink and counters will be installed in the proposed manufacturing room. • Water and drain lines will be installed in the proposed manufacturing room. The hours of operation proposed for manufacturing activities is 7:00 a.m. to 7:00 p.m, Monday through Sunday. As part of this CUP Amendment, the applicant is also proposing to extend the hours of operations for the dispensary and delivery service from 8:00 p.m. to 10:00 p.m. Per Municipal Code Section 17.05.070(B), the hours of operation allowed for a cannabis retail facility are 6:00 a.m. to 10:00 p.m. See Attachment B (Amended Operations Plan) for additional information about the proposed cannabis manufacturing and distribution uses. See Attachment C (Staff Report for CAN 20-01) for a description of the cannabis dispensary (storefront retail) and delivery service that was approved by the Planning Commission on August 13, 2020. The Staff Report addresses issues related to parking and signage and includes the original Operations Plan (dated 5-28-20) submitted by the applicant for application CAN 20-01. 3 General Plan & Zoning Code Consistency: The proposed use will involve manufacturing and distribution of cannabis, which is consistent with the General Plan Designation of General Commercial and the C-2 Zoning District. Staff Analysis: The proposed cannabis uses are allowed in the C-2 Zoning District with a Conditional Use Permit from the Planning Commission. The amendment to the Operations Plan submitted by the applicant substantially demonstrates compliance with the requirements for manufacturing and distribution uses and microbusinesses pursuant to Municipal Code Sections 17.95.060 (Use Permit Required), 17.95.100 (Non-volatile Manufacturing), 17.95.120 (Distribution), and 17.95.130 (Microbusinesses). The project will be required to comply with the regulations of State cannabis regulatory agencies including the Bureau of Cannabis Control and California Department of Public Health – Manufactured Cannabis Safety Branch. Comments received from the various City Departments did not raise any significant concerns about the proposed cannabis uses and location. Requirements that were recommended by the various departments have been included as conditions of approval for the Conditional Use Permit Amendment. As proposed, conditioned, and in compliance with local and State regulations, the proposed cannabis microbusiness has a limited potential to result in adverse impacts on the community. If any issues occur or complaints are received concerning the proposed cannabis microbusiness, they will be addressed through the annual review process required by Municipal Code Section 17.95.060(B). Environmental Determination: Categorically exempt per California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32) exempting projects characterized as in-fill development and meeting the following conditions: A. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. C. The project site has no value as habitat for endangered, rare or threatened species. D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. E. The site can be adequately served by all required utilities and public services. The proposed project meets the above criteria for the following reasons: 1) the proposed cannabis microbusiness is consistent with the General Plan Designation of General Commercial and the C-2 Zoning District; 2) the project site is located in the City of Crescent City, is approximately 0.85 acres, and is located adjacent to a shopping center and other commercial uses; 3) the project will be located on a developed site in an existing building that is surrounded by paved surfaces; 4) the project proposes a cannabis microbusiness that does not have the potential to result in significant traffic, noise, air quality, or water quality impacts; and 5) the site is already served by utilities and public services. 4 Recommended Findings: Staff recommends that the Planning Commission make the following findings: A. The project is consistent with the Crescent City General Plan and Municipal Code. B. The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (Class 32) exempting projects characterized as in-fill development. C. The applicant has demonstrated that it can and will comply with all requirements of the State and City to operate the proposed cannabis microbusiness. D. The proposed activity, as conditioned, will not result in significant and unavoidable impacts on the environment. E. The operations plans include adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering. F. The operations plans include adequate security measures. G. The proposed cannabis activity complies with the 600-foot setback requirement from K- 12 schools and day care centers (as defined in Health and Safety Code §1596.76). H. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Attachments: A. Conditions of Approval B. Amended Operations Plan for CAN-20-01A C. Staff Report for CAN 20-01 5  V-A Attachment A Cannabis Conditional Use Permit #CAN 20-01A Conditions of Approval On November 12th, 2020, the Planning Commission amended the existing CUP for Fifth and Green (CAN 20-01), subject to the following conditions: 1. Approval is for the project as described in the Operations Plans (dated 5-28-20 and amended 10-12-20) that were submitted with the Conditional Use Permit (CUP) application (CAN 20-01) and CUP Amendment application (CAN 20-01A). These Operations Plans can be found in Attachments B and C to the staff report. 2. The applicant will be required to comply with all requirements of the City’s Municipal Code including, but not limited to, Chapters 17.22 (General Commercial) and 17.95 (Commercial Cannabis Regulations). 3. Before commencing operation of the proposed cannabis microbusiness, the applicant shall provide the City with proof of having obtained a surety bond in an amount of not less than $15,000. The surety bond shall be issued by a corporate surety approved by the City that is licensed to transact surety business in the State of California. The surety bond shall be payable to the following: City of Crescent City 377 J Street Crescent City, CA 95531 4. The applicant must meet all requirements of the various City Departments including, but not limited to, the City Manager, Public Works Department, City Engineer, Police Department, Fire Department, Building Department, and Planning Department. 5. The applicant shall obtain building permits from the Building Department for any improvements that require a permit pursuant to the building code. This includes installation of all equipment and required modifications to electrical, mechanical, or other systems. 6. The applicant shall submit a ventilation system design for all extraction processes for review and approval by the relevant City Departments. 7. The applicant must provide an opportunity for City staff to review all systems before, during, and after setup of any equipment or processes. 8. The building that will be used for the proposed cannabis microbusiness must meet all applicable requirements of the American Disabilities Act (ADA) and related building code requirements. The applicant must provide an evaluation of the subject building to the City Engineer documenting that the building complies with current accessibility requirements for ingress, egress, parking, path of travel etc. If the building does not 6  comply with ADA requirements the applicant must provide plans for bringing the building into compliance. The applicant must also obtain building permits and construct the needed ADA improvements prior to opening. 9. Before commencing operation of any manufacturing activities that would discharge effluent to the City’s wastewater treatment system, the applicant must submit a Significant Industrial User (SIU) application to the Public Works Department to determine if a Industrial Wastewater Discharge Permit will be required. 10. Before commencing operation of the proposed cannabis microbusiness, a walk-through inspection shall be conducted by the various City Departments including, but not limited to, the Fire Department, Police Department, and Building Department. Department walk- throughs may be performed jointly or one at a time at the Department Head’s discretion. The applicant shall demonstrate how they are meeting the operational requirement and will implement the operation plan. Mock sales, packaging, handling, deliveries, or any other activities which the applicant plans to perform, on or off the premises, must be demonstrated at the City representative’s request. 11. Before commencing operation of the proposed cannabis microbusiness, the applicant shall obtain a business license from the City. The business license, along with all other required local and state permits/licenses, must be posted in a central location at the business that is visible to patrons. 12. Before commencing operation of the proposed cannabis microbusiness, the applicant must secure a license from the appropriate state licensing authority (e.g., Bureau of Cannabis Control, California Department of Public Health – Manufactured Cannabis Safety Branch, etc.). A copy of the license must be provided to the Planning Department. The applicant must be in compliance with all conditions of the state license and all state laws, any violation of which will also constitute a violation of the Crescent City Municipal Code. 13. Pursuant to Municipal Code Section 17.95.060(B), the Conditional Use Permit will be reviewed annually subject to the following requirements: a. City staff will conduct an annual review of the use permit around the date of issuance of the state license. b. An onsite compliance inspection may be conducted, with at least 24 hours prior notice, by appropriate city officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m.). Appropriate city officials include any employee, agent, or officer of the Police Department, Community Development Department, City Attorney, and Fire Department. c. At the discretion of city staff, annual review of the use permit may be conducted by the Planning Commission at a public hearing. The criteria for requiring annual review by the Planning Commission may include, but is not limited to: i. Any violation of any provision of this chapter during the prior year of operation of the commercial cannabis facility. 7  ii. Receipt of one or more complaints by city staff concerning operation of the cannabis microbusiness during the prior year. City staff shall investigate all complaints received prior to determining whether review by the Planning Commission is warranted. d. During annual review, the Planning Commission may revoke the use permit, recommend administrative penalties, amend the use permit to include conditions necessary to ensure compliance with the provisions of Chapter 17.95 (Commercial Cannabis Regulations), or take no action. e. As part of the annual review, the holder of the use permit must remit an annual review fee as set by resolution of the City Council. The annual review fee is to be no more than the reasonable estimated amount to recover all costs of the City associated with conducting the review and monitoring compliance with the terms of the use permit for the next year. 8 V-A Attachment B  V-A Attachment C Crescent City Planning Commission August 13th, 2020 Staff Report Agenda Item# V-B Application #: CAN 20-01 Recommended Actions: Staff recommends that the Planning Commission take the following actions: A. Open the public hearing. 1. Receive a Staff Report on the Cannabis Conditional Use Permit application. 2. Receive public comments on the Conditional Use Permit application. B. Close the public hearing. C. Adopt the Recommended Findings. D. Approve the Conditional Use Permit application subject to the attached conditions of approval and any additional conditions adopted by the Planning Commission at the public hearing. Project: Fifth & Green Conditional Use Permit for a Cannabis Dispensary (Storefront Retail) and Delivery Service Applicant(s): Eric Guinther and Eric Taylor Site Address: 1607 Fifth Street APN: 118-100-024 General Plan Designation: General Commercial (GC) Zoning District: C-2 (General Commercial) Surrounding Zoning Districts: North – C-2 (General Commercial District) East – C-2 (General Commercial District) South – C-2 (General Commercial District) West – C-2 (General Commercial District) 1  Aerial Photo of Project Site Background & Project Description: The applicants propose operation of an adult-use cannabis dispensary and delivery service at 1607 Fifth Street in the C-2 (General Commercial) zoning district, which requires a Conditional Use Permit from the Planning Commission pursuant to Municipal Code Sections 17.22.020 (Uses) and 17.95.060 (Use Permit Required). The name of the business would be “Fifth & Green” and it is proposed to be located in a 3,400 square foot building on the property. There is approximately 16,000 square feet of pavement around the existing building, a portion of which will be used as off-street parking for the business. The applicants propose business hours from 10:00 a.m. to 8:00 p.m., Monday through Sunday. Delivery services will be available from 12:30 p.m. to 8:00 p.m. Products sold by the business will include dried cannabis flower, edibles, concentrates, tinctures, topicals, and ancillary items (e.g., Fifth & Green branding merchandise including hats, t-shirts, etc.). The applicants propose interior improvements to approximately 654 square feet of the building for the proposed business including: 1) installation of security cameras, vaults, and locking devices; 2) air filtration system; 3) eliminate one wall to create retail space; 4) addition of one wall for security; 5) upgrade ingress/egress to meet current ADA requirements. Approximately 388 square feet of the building will be converted to dispensary floor area and the remaining portion (i.e., 266 square feet) will serve as office and secured storage space only accessible to authorized employees. As the business grows, the applicants may expand into additional portions of the building. Signage proposed for the business will include the company logo, which is shown below. The existing sign structure in the northwestern corner of the property will be removed and a new wood-framed sign structure will be installed in its place that will be similar in size. A google earth photo of the 2 existing sign structure is shown below. Architectural review by the Planning Commission of the proposed signage for the business is included as part of the Conditional Use Permit process, pursuant to Municipal Code Sections 17.95.060(C)(7) and 17.38.170 (Architecturally-controlled signs). Proposed Logo for Signage Photo of Existing Sign Structure See Attachment B (Operations Plan) for additional information about the proposed cannabis dispensary and delivery service (e.g., compliance with City and State regulations, security plan, track and trace program and inventory control, hiring procedures, COVID-19 protocols, etc.). General Plan & Zoning Code Consistency: The proposed use will involve retail sales of cannabis, which is consistent with the General Plan Designation of General Commercial and the C-2 Zoning District. 3 Staff Analysis: The proposed cannabis use is allowed in the C-2 Zoning District with a Conditional Use Permit from the Planning Commission. The Operations Plan submitted by the applicant substantially demonstrates compliance with the requirements for storefront retail cannabis uses pursuant to Municipal Code Sections 17.95.060 (Use Permit Required) and 17.95.070 (Storefront Retail). As required by Municipal Code Section 17.95.060(C)(11), the propose cannabis dispensary is not located within a 600-foot radius of the perimeter of a K-12 school or day care center (as defined in Health and Safety Code §1596.76). The project will be required to comply with the regulations of State cannabis regulatory agencies including the Bureau of Cannabis Control. Comments received from the various City Departments did not raise any significant concerns about the proposed cannabis use and location. Requirements that were recommended by the various departments have been included as conditions of approval for the Conditional Use Permit. As proposed, conditioned, and in compliance with local and State regulations, the proposed cannabis business has a limited potential to result in adverse impacts on the community. If any issues occur or complaints are received concerning the proposed cannabis business, they will be addressed through the annual review process required by Municipal Code Section 17.95.060(B). Environmental Determination: Categorically exempt per California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32) exempting projects characterized as in-fill development and meeting the following conditions: A. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. C. The project site has no value as habitat for endangered, rare or threatened species. D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. E. The site can be adequately served by all required utilities and public services. The proposed project meets the above criteria for the following reasons: 1) the proposed retail cannabis use is consistent with the General Plan Designation of General Commercial and the C-2 Zoning District; 2) the project site is located in the City of Crescent City, is approximately 0.85 acres, and is located adjacent to a shopping center and other commercial uses; 3) the project will be located on a developed site in an existing building that is surrounded by paved surfaces; 4) the project proposes a small retail business on an underutilized property that has a limited potential to result in significant traffic, noise, air quality, or water quality impacts; and 5) the site is already served by utilities and public services. Recommended Findings: Staff recommends that the Planning Commission make the following findings: A. The project is consistent with the Crescent City General Plan and Municipal Code. B. The project is categorically exempt pursuant to CEQA Guidelines Section 15332 (Class 32) exempting projects characterized as in-fill development. 4  C. The applicant has demonstrated that it can and will comply with all requirements of the State and City to operate the proposed commercial cannabis activity. D. The proposed activity, as conditioned, will not result in significant and unavoidable impacts on the environment. E. The operations plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering. F. The operations plan includes adequate security measures. G. The proposed cannabis activity complies with the 600-foot setback requirement from K- 12 schools and day care centers (as defined in Health and Safety Code §1596.76). H. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Attachments: A. Conditions of Approval B. Operations Plan 5  V-B ATTACHMENT A Cannabis Conditional Use Permit #CAN 20-01 Conditions of Approval On August 13th, 2020, the Planning Commission approved the above application, subject to the following conditions: 1. Approval is for the project as described in the Operations Plan (dated 5-28-20) submitted with the Conditional Use Permit application and included as Attachment B to the staff report. 2. The applicant will be required to comply with all requirements of the City’s Municipal Code including, but not limited to, Chapters 17.22 (General Commercial) and 17.95 (Commercial Cannabis Regulations). 3. Before commencing operation of the proposed cannabis dispensary and delivery service, the applicant shall provide the City with proof of having obtained a surety bond in an amount of not less than $15,000. The surety bond shall be issued by a corporate surety approved by the City that is licensed to transact surety business in the State of California. The surety bond shall be payable to the following: City of Crescent City 377 J Street Crescent City, CA 95531 4. The applicant must meet all requirements of the various City Departments including, but not limited to, the City Manager, Public Works Department, City Engineer, Police Department, Fire Department, Building Department, and Planning Department. 5. The applicant shall obtain building permits from the Building Department for any improvements that require a permit pursuant to the building code. 6. The building that will be used for the proposed cannabis activity must meet all applicable requirements of the American Disabilities Act (ADA) and related building code requirements. The applicant must provide an evaluation of the subject building to the City Engineer documenting that the building complies with current accessibility requirements for ingress, egress, parking, path of travel etc. If the building does not comply with ADA requirements the applicant must provide plans for bringing the building into compliance. The applicant must also obtain building permits and construct the needed ADA improvements prior to opening. 7. Before commencing operation of the proposed cannabis dispensary, a walk-through inspection shall be conducted by the various City Departments including, but not limited to, the Fire Department, Police Department, and Building Department. Department walk- throughs may be performed jointly or one at a time at the Department Head’s discretion. The applicant shall demonstrate how they are meeting the operational requirement and 6  will implement the operation plan. Mock sales, packaging, handling, deliveries, or any other activities which the applicant plans to perform, on or off the premises, must be demonstrated at the City representative’s request. 8. Before commencing operation of the proposed cannabis dispensary and delivery service, the applicant shall obtain a business license from the City. The business license, along with all other required local and state permits/licenses, must be posted in a central location at the business that is visible to patrons. 9. Before commencing operation of the proposed cannabis dispensary and delivery service, the applicant must secure a license from the appropriate state licensing authority (e.g., Bureau of Cannabis Control). A copy of the license must be provided to the Planning Department. The applicant must be in compliance with all conditions of the state license and all state laws, any violation of which will also constitute a violation of the Crescent City Municipal Code. 10. Pursuant to Municipal Code Section 17.95.060(B), the Conditional Use Permit will be reviewed annually subject to the following requirements: a. City staff will conduct an annual review of the use permit around the date of issuance of the state license. b. An onsite compliance inspection may be conducted, with at least 24 hours prior notice, by appropriate city officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m.). Appropriate city officials include any employee, agent, or officer of the Police Department, Community Development Department, City Attorney, and Fire Department. c. At the discretion of city staff, annual review of the use permit may be conducted by the Planning Commission at a public hearing. The criteria for requiring annual review by the Planning Commission may include, but is not limited to: i. Any violation of any provision of this chapter during the prior year of operation of the commercial cannabis facility. ii. Receipt of one or more complaints by city staff concerning operation of the commercial cannabis facility during the prior year. City staff shall investigate all complaints received prior to determining whether review by the Planning Commission is warranted. d. During annual review, the Planning Commission may revoke the use permit, recommend administrative penalties, amend the use permit to include conditions necessary to ensure compliance with the provisions of Chapter 17.95 (Commercial Cannabis Regulations), or take no action. e. As part of the annual review, the holder of the use permit must remit an annual review fee as set by resolution of the City Council. The annual review fee is to be no more than the reasonable estimated amount to recover all costs of the City associated with conducting the review and monitoring compliance with the terms of the use permit for the next year. 7 V-B ATTACHMENT B