Crescent City Planning Commission Meeting

CITY OF CRESCENT CITY PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE Commission Members: Holly Greene, Vice-Chairperson • Brad Kime • John Wendt • Ray Walp Incorporated April 13, 1854 web: www.crescentcity.org Regular Meeting Thursday, April 8, 2021 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 City website (www.crescentcity.org); (2) watch the meeting via livestream on YouTube (Channel: City of Crescent City, California) and submit comments via publiccomment@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, April 8, 2021. If you require a special accommodation, please contact Heather Welton at (707) 464-9506 ext.226. 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 March 11, 2021 Regular Meeting of the Crescent City Planning Commission and Architectural Review Committee. PLANNING COMMISSION AGENDA V. ARCHITECTURAL REVIEW: V-A- Crescent City Cannabis Company (C-4) Conditional Use Permit Application CAN 21-02 Review for a proposed operation of a cannabis microbusiness that would include a medical and adult-use dispensary (storefront retail) with delivery service at 415 Hwy 101 South. VI. NEW BUSINESS: VI-A. Selection of Chairperson VII. CONTINUING BUSINESS: None. VIII. 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 May 13, 2021 at 5:30 p.m. via Zoom. POSTED: April 5, 2021 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, March 11, 2021 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 City website (www.crescentcity.org); (2) watch the meeting via livestream on YouTube (Channel: City of Crescent City, California) and submit comments via publiccomment@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, March 11, 2021. If you require a special accommodation, please contact Heather Welton at (707) 464-9506 ext.226 Minutes I. CALL TO ORDER: Vice Chair Greene called the meeting to order at 5:31 pm. ROLL CALL: Commissioners Present: Vice-Chair Holly Greene, Commissioner Brad Kime, Commissioner John Wendt, Commissioner Ray Walp. Commissioners Absent: Chairman Altman Staff Present: City Manager Eric Wier, Public Works Director Jonathan Olson, Office Technician Heather Welton 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)). There was no public comment. III. CONSENT CALENDAR: There was none. PLANNING COMMISSION AGENDA IV. APPROVAL OF MINUTES: IV-A. Approval of the minutes of the January 14, 2021 Regular Meeting of the Crescent City Planning Commission and Architectural Review Committee. On a motion by Commissioner Kime, seconded by Commissioner Wendt and carried unanimously on a 4-0 polled vote, with Chairman Altman absent, the Crescent City Planning Commission and Architectural Review Committee approved the minutes of the January 14, 2021 Regular Meeting. V. ARCHITECTURAL REVIEW: V-A- The Flower Shop, LLC Conditional Use Permit Application CAN 21-01 Review for a proposed operation of a cannabis microbusiness that would include a medical and adult-use dispensary (storefront retail) with delivery service, distribution, and non-volatile manufacturing at 1182 Eighth Street. Vice Chair Greene opened public hearing at 5:35 pm Garry Reese, with SHN, gave a brief background and description of the application. He said the applicant is proposing the operation of a cannabis micro business which includes a medical and adult use dispensary or store front retail, with delivery, distribution, and nonvolatile manufacturing. He went over the proposed hours of operation. He went over the operations plan; he said the proposed location is a two- story building but only the first floor would be utilized. Mr. Reese went over the parking spaces, he said the municipal code requires five parking spaces and the applicant is asking for a parking waiver for one off street parking space, therefore only having four parking spaces. He went over the proposed signage. He said the project is found to be consistent with the General Plan and Municipal Code, the project meets the criteria for exemption from CEQA, and all requirements of staff has been included in the conditions of approval. Commissioner Walp asked if the non-utilization of the second floor is going to be permanent or if they will be utilizing it at a later date. Nate Madsen, with Rain and Zepp PLC, spoke on behalf of the applicant. He said the second floor is not ADA compliant so it will not be utilized without addressing that. There was no public comment. On a motion by Commissioner Kime, seconded by Commissioner Walp and carried unanimously on a 4-0 polled vote, with Chairman Altman absent, the Crescent City Planning Commission and Architectural Review Committee approved the Conditional Use Permit CAN 21-01 with Conditions of Approvals 1-15 being met. VI. NEW BUSINESS: There was none. VII. CONTINUING BUSINESS: There was none. PLANNING COMMISSION AGENDA VIII. 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 Olson spoke about the vacancy on the City Council and the upcoming Planning Commission vacancies. Commissioner Wendt asked if the City has a way to know to what to expect as a result of the stimulus package that was signed into law 3/11/21. City Manager Eric Wier said that the only knowledge he has was that it was indeed signed today and that it was about 1.2 million dollars for Crescent City, he said there is specific criteria that you have to meet to allocate those funds. It would include past backfill of lost revenues, the City could be eligible for the drop in TOT funds this time last year as well as sales tax. He said some other components need to be vetted but could include water and sewer assistance for residents and the loss of revenue on those fronts. He said the County is also eligible for their share of the stimulus and their amount will be much larger due to the larger population. Director Olson updated the Commissioners on some of the planning activities that are going on. He said that the Beachfront Park Master Plan was adopted and that a grant application is being worked on for about 8.5 million to start development on portions of the master plan that the Commissioners approved. He said a lot of effort has gone into the grant from both staff and the community and he hopes that the application will be successful. Director Olson said another grant application was submitted for a 3 million dollar grant to help complete more portions of Front Street. Vice Chair Greene thanked the staff for their hard work, she said in her position on the Commission for close to eight years she’s been impressed with the amount of research and work that the staff does for each project. City Manager Eric Wier said that Sunset Circle has been opened. He said some of the items on the Beachfront Park grant application were the amphitheater, water front plaza, one mile loop, a large portion of the bike park and the cultural piece to redesign the area between the Cultural Center and Fred Endert Municipal Swimming Pool. He said Director Wendt, the staff member that worked on putting together the application, has done an outstanding job. Mr. Wier said this is one of the best grant applications he’s seen in his time employed with the City. Director Olson provided an update on one of the Cannabis Use Permits the Commissioners had previously approved. He said the first Cannabis Use Permit, Fifth and Green, just received their State permit and are going to be opening soon. PLANNING COMMISSION AGENDA IX. ADJOURNMENT: There being no further business to come before the Planning Commission, Vice Chair Greene adjourned the meeting at 5:56 pm to the Regular Meeting of the City of Crescent City Planning Commission and Architectural Review Committee. Next meeting scheduled for Thursday, April 8, 2021 at 5:30 p.m. via Zoom. ATTEST: _______________________ Heather Welton, Planning Secretary/Office Technician PLANNING COMMISSION AGENDA  V-A Crescent City Planning Commission April 8th, 2021 Staff Report Agenda Item# V-A. Application #: CAN 21-02 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 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: Crescent City Cannabis Company (C-4) Conditional Use Permit for an Adult-use Cannabis Dispensary (Storefront Retail) with Delivery Service Applicant(s): Eric Taylor and Eric Guinther Site Address: 415 U.S. Highway 101 S APN: 118-390-037 General Plan Designation: Visitor and Local Commercial (VLC) Zoning District: Highway Service (HS) Surrounding Zoning Districts: North - Highway Service (HS) East - Highway Service (HS) South - Coastal Zone Highway Service (CZ-HS) West - Coastal Zone Highway Service (CZ-HS) 1 Aerial Photo of Project Site Street Photo of Project Site 2 Background & Project Description: The applicants propose operation of an adult-use cannabis dispensary (storefront retail) with delivery service at 415 U.S. Highway 101 S. in the HS (Highway Service) Zoning District, which requires a Conditional Use Permit from the Planning Commission pursuant to Municipal Code Sections 17.24.020 (Principal permitted uses) and 17.95.060 (Use Permit Required). The name of the business would be “Crescent City Cannabis Company or C- 4” and it is proposed to be located in an existing two-story 5,000-square-foot commercial building on the property. The project site is approximately 0.44 acres and has a minimum of 20 existing off-street parking spaces, including one ADA accessible space. The applicants propose business hours from 10:00 a.m. to 10:00 p.m., Monday through Sunday. Delivery services will also be available from 10:00 a.m. to 10:00 p.m. Products sold by the business will include cannabis flower, edibles, concentrates, tinctures, topicals, dispensing devices (e.g., vape pens, bowls, pipes, papers, etc.), and ancillary items (e.g., C-4 branding merchandise including hats, t-shirts, etc.). Approximately 1,500 square feet of the building is proposed to be used for the business, with 1,000 square feet used for the dispensary/retail floor area and the remaining portion (500 square feet) used for office and secured storage space. The applicants propose several interior improvements to accommodate the proposed business including: 1) installation of security cameras, vaults, and locking devices; 2) air filtration system with carbon scrubbing filters for spaces that contain cannabis goods; 3) security door; 4) replacement of the existing service window with Lexan or similar product; and 5) replacement of flooring. As the business grows, the applicants may expand into additional portions of the building. Signage proposed for the business will include the company logo (see rendering below), which will be affixed to the roof canopy. The applicants propose three 4 foot by 8 foot (32 square foot) signs with the company logo. Municipal Code Section 17.39.140.C.1 contains the allowable sign area for businesses in the HS Zoning District. As required by this section, the sign area shall not exceed one and one-half square feet of sign area for each linear foot of street frontage. As indicated above, the applicants propose a total sign area of approximately 96 square feet. According to the applicants, the project site contains approximately 270 feet of street frontage, which would allow a sign area of approximately 405 square feet. Therefore, the sign area proposed by the applicants is compliant with the requirements of the Municipal Code. Proposed Logo for Signage 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). Additionally, a condition of approval has been included for the project requiring review by City staff prior to installation of the main busines sign to ensure compliance with the standards in Municipal Code Chapters 17.38 and 17.39. 3 As noted above and described in the Operations Plan (see Attachment B), there are currently a minimum of 20 off-street parking spaces available on the project site, one of which is an ADA accessible parking space. Since the application proposes a cannabis dispensary (storefront retail), the parking requirement for retail uses was used for calculating the required off-street parking for the business. Municipal Code Section 17.42.060 (Business parking space-Number required) requires 1 parking space per 250 square feet of floor area for retail uses. As described in the Operations Plan, the applicants will use approximately 1,500 square feet of the building for the dispensary. Based on the floor area of the proposed business, the Municipal Code requires 6 off- street parking spaces. Since the project site contains a minimum of 20 off-street parking spaces, there is more than sufficient parking onsite for the proposed dispensary. In addition, the existing number of off-street parking spaces at the site complies with the requirements of the Municipal Code for full occupancy of the building (i.e., a minimum of 20 off-street parking spaces would be required for the 5,000 square foot building at 1 space per 250 square feet of floor area). 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, etc.). General Plan & Zoning Code Consistency: The proposed use will involve retail sales of cannabis, which is consistent with the General Plan Designation of Visitor and Local Commercial and the HS Zoning District. Staff Analysis: Per Municipal Code Section 17.24.020, the proposed cannabis use is allowed in the HS 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). As required for all cannabis uses proposed in the City, the project will be required to comply with the regulations of State cannabis regulatory agencies (e.g., Bureau of Cannabis Control). No concerns have been received from the various City Departments about the proposed cannabis use and location. The conditions of approval that have been required for other cannabis dispensaries approved in the City will be required for this 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. 4  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 Visitor and Local Commercial and the HS Zoning District; 2) the project site is located in the City of Crescent City, is approximately 0.44 acres, and is located adjacent to other commercial uses along Highway 101; 3) the project will be located on a developed site in an existing building that is surrounded by paved surfaces and contains no habitat for rare, threatened, or endangered species; 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. 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-A ATTACHMENT A Cannabis Conditional Use Permit #CAN 21-02 Conditions of Approval On April 8, 2021, 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 March 2021) 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 17.24 (Highway Service District) 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 applicant must submit plans for the proposed business signage for City staff to review and approve prior to its installation. 7. 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. 8. 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- 6  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. 9. Before commencing operation of the proposed cannabis dispensary, 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. 10. 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. 11. 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-A ATTACHMENT B